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2001-04-10PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITy OF Mou~ ~SSION S~ATE~NT: ne ci~0f M°undl ~0U~ te~w0rk and c°°peration, pro~ides ata reas°nable cost, qUality serVices that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUNCIL TUESDAY, APRIL 10, 2001 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Rems 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 Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE APPROVE AGENDA, WITH ANY AMENDMENTS *CONSENT AGENDA *A. APPROVE MINUTES: MARCH 27, 2001 REGULAR MEETING *n. *C. *D. PAGE 6447-6452 6453-6466 APPROVE PAYMENT OF CLAIMS CANCEL PUBLIC HEARING FOR PROPOSED AMENDMENTS TO WATER AND SEWER ORDINANCES: 4/24 APPROVE RESOLUTION APPROVING LEASE/PURCHASE AGREEMENT 6467-6499 FOR PURCHASE OF COPIER SYSTEM ° ° COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. (LIMIT TO 3 MINUTES PER SPEAKER.) ANNUAL REPORTS A. GREG PEDERSON FIRE DEPARTMENT ACTION ON PROPOSED ORDINANCE AMENDMENTS A. SECTION 350:310, SUBD 109 B. SECTION 350:680 C. SECTION 1000 EXECUTIVE SESSION REGARDING LAW SUIT BY POLSTON, ET AL (To be held concurrently with continued HRA Meeting.) 6500-6535 6536 6537-6539 6540-6546 PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. INFORMATION/MISCELLANEOUS A. LMC Friday Fax 6547-6548 B. Westonka Schools communication 6549-6551 C. LMCD communication 6552-6565 D. Westonka Senior Center newsletter 6566 E. AMM Bill Tracking Report 6567-6590 F. Article: Grocery wine bill corked 6591-6592 G. Maxfax 6593 H. FYI: 2000 census data 6594-6598 I. Suburban Hennepin Quarterly Newsletter 6599-6602 J. FYI: Community Development Director position profile 9. ADJOURN This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www. citvofinound, com. COUNCIL BRIEFING Aoril 10, 2001 Cancel Public Hearing At the April 24 meeting, staff hopes to be present some amendments to the Sewer and Water Ordinances that include what we charge for certain services and how we arrive at those charges. The attempt is, first, to streamline the formulas, and, second, to set more up-to-date rates. The first direction we got from the League of Minnesota Cities was that we needed to have the hearing to do so. However, John Dean has since directed that us that to do so is unnecessary. Therefore, we are hereby canceling the public hearing for amending the Sewer and Water Ordinances. #3.D. Lease/Purchase of Copier System Our copier is now seven years old and barely gets us through a day. We have been told by our copier repairperson that it can no longer be fixed. In anticipation of this, members of our staff have done site visits to three firms and made a recommendation for the purchase of a Canon. As part of our deal, and to keep all of our support services with Canon, thus keeping the costs at a minimum, the Canon supplier is switching out our old machine with a comparable used Canon, which will be moved to the Planning Department. The new Canon will go in the Copy Room. Purchase of the new copier will be through a lease/purchase agreement that has been recommended by Jim Prosser of Ehler's and Associates. It has a very low rate of interest, amounting to a savings of $100 per month over financing with the copier company itself. #6. Operation Clean Sweep The 2001 clean-up program has been dubbed Operation Clean Sweep. There will be a systematic approach to property clean up, applied by a grid system that overlays all of the City of Mound. We will start in the most portion of the grid and move slowly throughout the City, requiring the residents to clean up and put their personal property. This could take more than just this summer; please be patient. Program details will be published in the Laker and the spring newsletter. Residents will be offered solutions as to what to do with their disposables. Operation Clean Sweep will be provided through Mound Police and Michelle Salter, the Mound CSO. In order to effectively carry out the program, some of our ordinances need some tweaking. Enclosed are the recommendations as submitted by Chief Harrell. Clean-up efforts may not commence until these amendments are approved and published in the Laker. Also, be prepared for the calls and comments you could receive once this program gets underway. Your support of staff and the program will be appreciated, and will assure its ongoing effectiveness. Thanks! #7. Polston, et al Lawsuit The judge ruled late in the week. Our legal counsel asked that nothing be put in print on the matter. An oral report will be made at the Council Meeting. MOUND CITY COUNCIL MINUTES MARCH 27, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 27, 2001, at 7:30 p.m., in the council chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Peter Meyer. Councilmembers Absent: Councilmember Klm Anderson Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron; Building Official, Jori Sutherland; Finance Director, Gino Businaro; Liquor Store Manager, Joel Krumm; Police Chief, Len Harrell; Park Director, Jim Fackler; Public Works Director, Greg Skinner; Jim Brimeyer, Lorrie Ham, Dorothy and Bill Netka, Phil Jensen, Pam Shaughnessy, Brad Bernemann, Shirley Tulberg, Audrey Ogland, Edith Travers. *Consent Agenda: Ail items listed under the Consent Agenda are considered to be routine by the Council and wi//be enacted by a roll ca//vote. There will be no separate discussion of these items un/ess a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:34 p.m., and the Pledge of Allegiance was recited. 2. APPROVE AGENDA WITH ANY AMENDMENTS City Manager Hanson recommended removal of item #12, the executive session, as there are no further developments in this case. Hanus asked that Item A, approval of March 13th minutes, and Item D, assessment agreement with Hennepin County, be removed from the consent agenda. MOTION by Brown, seconded by Hanus to approve the agenda and consent agenda as amended. All ayes. s CONSENT AGENDA B. Approve payment of claims in the amount of $228,445.31. C. RESOLUTION NO. 01-28: RESOLUTION RECOMMENDING THAT CDBG FUNDING OF THE WESTONKA COMMUNITY ACTION NE'rWORK (WeCAN) BE CONTINUED MOUND CITY COUNCIL - MARCH 27, 2001 E. The following licenses are up for renewal. The license period is April 1, 2001, through March 31, 2002. Approval is contingent upon ail required forms, insurance, etc., being submitted. Tree Removal License Aaspen Tree Service Amberwood Bear Tree Service Emery's Tree Service Matt's Tree Service Rob's Tree Service Shorewood Tree Service Viking Land Tree Service, Inc. Rainbow Tree Care Tall Timber Tree Experts Set-ups Al & Alma's Supper Club, Inc. F. RESOLUTION NO. 01-29: RESOLUTION DESIGNATING APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH G. Approve setting bid opening date of April 18, 2001, for Seal Coating Project. H. Approve Lease Renewal Agreement (until February 28, 2002) for Mound Liquor Store. I. Set public hearing for proposed amendments to water and sewer ordinances for April 24, 2001, at 7:30 p.m. 3a. APPROVAL OF THE MINUTES OF MARCH 13, 2001 MOTION by Hanus, seconded by Brown to approve the minutes of the March 13, 2001, meeting as amended. All voted in favor. Motion carried. 3d. ASSESSMENT AGREEMENT WITH HENNEPIN COUNTY There was discussion of the feasibility of contracting with Hennepin County for assessment services, or having an in-house assessor. MOTION by Brown, seconded by Hanus to approve the assessment agreement with Hennepin County as presented. All ayes. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS There were no comments offered. MOUND CITY COUNCIL - MARCH 27, 2001 5. WESTEDGE BOULEVARD/RETAINING WALLS IMPROVEMENT PROJECT City Engineer, John Cameron, presented the revised feasibility study to the Council. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-30: RESOLUTION RECEIVING REVISED REPORT AND CALLING HEARING ON THE IMPROVEMENT OF WESTEDGE BOULEVARD FROM HENNEPIN COUNTY ROAD 15 TO WOODEDGE ROAD, AND FOR IMPROVEMENT OF CERTAIN RETAINING WALLS THROUGHOUT THE CITY 6. "MARKHURD" AGREEMENT FOR MOUND SHORELINE MAPPING John Cameron recapped the proposal from "MARKHURD" Professional Services for photogrammetic mapping of Mound's shoreline. Discussion followed regarding adding the 931' contour to the previously approved proposal. This would result in the addition of approximately $3500 to the project cost. MOTION by Hanus, seconded by Brown to accept the agreement with the addition of the contour, with the stipulation that there be no more than a 300' variance for lineal shoreline measurement. All ayes. 7. COMMUNITY DEVELOPMENT DIRECTOR Jim Brimeyer, of the Brimeyer Group, Inc., came to the Council looking for consensus on what the profile should be for the Community Development Director. Brimeyer stated that it is his understanding that this position will be used approximately 65% for planning and zoning activities, with the balance of time to be spent with downtown redevelopment and other economic development efforts. The Council indicated agreement with this and the hiring process will proceed as planned. 8. HENNEPIN COUNTY 2001 ASSESSMENT REPORT Phil Jensen, Hennepin County Assessor, presented the Council with a general synopsis of the 2001 property assessments in Mound. The Board of Review meeting will be held on April 18, 2001, at 4:00 p.m., at city hall. 9. PLANNING COMMISSION RECOMMENDATIONS Randy Moriarty- 4536 Denbigh Road Case #00-60 - Minor subdivision Case #00-70 - Variance MOUND CITY COUNCIL - MARCH 27, 2001 Building Official, Jon Sutherland, reviewed the requests with the Council. The Planning Commission had recommended denial of this request. Sutherland explained to the Council that sideyard, lot area and hardcover and bluff setback variances were the variances that were originally requested. Staff has recommended approval for a conforming footprint and allow only the bluff and lot area variance. Sutherland noted the lot area, if calculated to the lakeshore, would be greater than 7,000 sq. ft. and would be conforming, and that the Council has considered this scenario in the past. Since the Planning Commission meeting, there has been more information supplied that would result in just the bluff and lot area variance needed. He noted that the Planning Commission did not have all of the information that has since been supplied. There was discussion to the effect that this case should be sent back to the Planning Commission for further consideration, because they did not have all of the pertinent information when making their decision. MOTION by Brown, seconded by Hanus to send this case back to the Planning Commission for their recommendation. All voted in favor. Motion carried. Bo Carl & Patricia Palmquist- 4520 Denbigh Road Case #01-03 - Minor subdivision Case #01-10 - Variance Sutherland informed the council that staff and the Planning Commission recommend approval as requested. MOTION by Brown, seconded by Meyer to adopt the following resolution. Ail voted in favor. Motion carried. RESOLUTION NO. 01-31: RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 4520 DENBIGH ROAD, LOTS 1,2,3 AND THE NORTHWESTERLY % OF 4, BLOCK 2, AVALON. PID #19-117-23-24~006 AND #19-117-23-24~007. P & Z CASE #01-03 AND #01-10 10. ACTION TO AMEND ORDINANCE REGULATING LICENSING OF DOGS Police Chief Harrell informed the Council of the increasing problem with cats in the City, which leads to the need for this ordinance amendment. MOTION by Hanus, seconded by Brown to adopt the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 03-0001: ORDINANCE AMENDING SECTION 455 AND 456 OF THE MOUND CITY CODE, REGULATING AND LICENSING OF DOGS MOUND CITY COUNCIL - MARCH 27, 2001 '1'1. ORDINANCE RELATING TO THE PROCESS AND CRITERIA FOR NAMING AND RENAMING PUBLIC PARKS AND PARK FACILITIES, AND FOR THE ACCEPTANCE OF MEMORIALS Parks Director, Jim Fackler, presented the Council with a draft of an ordinance that would regulate the process and criteria for naming and renaming public parks and park facilities and memorials. After lengthy discussion it was the suggested that Fackler take this back to the Parks Commission with suggestions and input as discussed. 12. EXECUTIVE SESSION REGARDING LAW SUIT BY POSTON, ET AL. This item was previously removed from the agenda. The Mayor called a recess at 9:40 p.m., with the meeting reconvening at 9:53 p.m. 13. ANNUAL REPORTS The following department heads gave annual reports to the Council: Jim Fackler, Parks/Docks/Public Facilities; Joel Krumm, Liquor Store; Greg Skinner, Public Works; Gino Businaro, Finance; Len Harrell, Police; Jori Sutherland, Planning & Inspections. 14. CITY MANAGER'S REPORT City Manager Hanson reported on the first phase of the implementation of the space utilization plan at city hall and the phone lines analysis currently underway. The Laker Publication Date Capabilities City Manager Kandis Hanson informed the Council that research has been done to determine if The Laker could change their publication date to accommodate Planning Commission meetings, and they can't. At the present time, citizens' requests to the Planning Commission are drawn out because of the timing of The Laker publication as it relates to hearing requirements, etc. There was discussion regarding the feasibility of changing the Planning Commission meeting date. The Council stressed that the focus needs to be on what is in the best interest of the residents, not what is most convenient for the Commission. Direction was given to Jon Sutherland to take this issue to the Planning Commission for their input and suggestions. Bo MFD Fire Commission City Manager Kandis Hanson informed the Council that she received a request from the Mound Fire Department for a representative to serve on the MFD Fire Commission. This commission will include representation from all cities served by the Mound Fire Department. They will meet four times a year. It is the consensus of the Council to have the City Manager serve as this representative, with the Finance Director serving, as needed. 15. INFORMATION/MISCELLANEOUS MOUND CITY COUNCIL - MARCH 27, 2001 Memo from the Mayor The Mayor presented a proposal from Lynn & Associates that would provide the necessary research and meetings with Councilmembers, to assist them in becoming a stronger, more effective team. This is to assess the current level of functioning and decide what changes to make. This is accomplished by individual interviews, review of roles and responsibilities and self-assessment. It was the consensus of the Council to proceed with this proposal, cost being $2500. The Mayor will contact Councilmember Anderson, who is absent from this meeting, for her input. B. LMC Friday Fax C. Westonka Schools communication D. LMCD communication E. Financial Reports: February 2001 F. Urban Hennepin County CBDG Project Status Report G. Westonka Healthy Community Collaborative correspondence H. Park Commission resolution regarding appointments to advisory commissions I. Police Department monthly report: February, 2001 J. Letter: City of Shorewood K. Fire Department meeting summary L. Fire Department- Fire Commission 16. ADJOURNMENT MOTION by Brown, seconded by Meisel to adjourn the meeting at 11'16 p.m. All voted in favor. Motion carried. Attest: Acting City Clerk Mayor AP-Cu2-Ol NO. [ h,,/ 3 [ C:; N '4, ~ !~ DATL [.,ATE STATUS A0363 47~194 4/10/9L 4/1J/O1 APF E;~ERGENCY WE?A[k V£:l[),')k TF~FAL ARCH WIUEL£S~ B0549 33o34200 20V35700 20V~2400 21o3)309 OY CURPG~ATION 4/1C/91 ~,/lo/Ol VFNdOR TOTAL 4~lO~EL 4/lS/,01 ~/lO/Cl 4/10/01 4/lO/gl 4/IC/:)1 4/10/01 4/lO/bl V~,~)~ T~T~L ,~URE:,U DF C~i,'-:[;4AL Ar'P~,Fm-F VC'JS)~' TqfNL Jb525 0lbS1~, DRENSH~LL HO,4ES C0~25 20u290Z 4/ib/'J! TOTAL 4110/01 CARLSOi', ll,~aCTOr~'3, E,~UIP.::: V-2NDOR TOTAL C0bS~ 051311 CHAMPION AuTO C0903 032201 CHANdASS~N, CITY OF 4110/01 41!0/01 4/10/01 4/10/01 V~'~Od:~ TQTAL ~/13/01 4/10/01 V2hOfi~ TOTAL CITY CF A" '.;t' NT ,]F SC~: I PT IP', 2OJ.~0 V['h ~ CL[ ~Y. SP~CT IONS 5~. 5n V~nICL: [NSm[CT I0~5 337 Z95.24 03-14-G1 FHPJ 06-13-01 PAGE~S 195.2~ JPNL-CD 195.24 93.22 HI X ~5.22 JPhL-C]] 1~s2~.53 L! :~iJGR 1.&2c,.5~ JP~L-C~ 4m9.50 L! ~ u'~ 5IS.ag J~ ql_-Cu 3Z~5.J5 35' .Uq 3~;.~g jT ,L-qJ 55.~5 FI ~L ~2'Jl wATSRbdWY ~-~.&S ~S.~S 230.72 COdPLEHS~ NIPPLERS, 5TC. 2~0.7I COuPLKKS~ ~IPPLERS~ ~TC. ~61 .&3 J~;~L-CD T.09 NI ~TE~ 9LEND 7.09 '. I'~TER ~:L2,~D 7.~0 wINTE~ ~)LF qD 2L.25 JU',L-CJ LEAK 3AF;S, ETC. J~.NL-Ce 1241.09 ACCOUNT NuMbER O1-4280-4200 73-7300-4200 78-7800-4200 1010 01-4190-3950 1010 71-7100-9540 1010 71-7100-9510 lOlO 71-7!00-9510 10!0 71-7100-~510 1010 01-4140-4110 I010 77-3,~95-0003 1010 01-42B0-3810 73-7300-38t0 !010 01-4260-2250 73-7300-2250 7b-7BO0-2250 1010 7t-7~00-2310 1010 22-4170-4130 1010 p :; ~^GE 2 ~,.P-C 3 ~-31 v EqD,.2 i '4vC~ ~ CF L ,.:E hO. I~OICF_ N~:5'q' DATL DArE STATUS P LJ ACCuUNT ,NU~EER COv?O o1~79234 4125102 41LblOi COCA COLA ~UTTLIr, G-~aiDNE~T V£N~jP TOTAL Clol~ 10339 1651 3790 37~¢ 10341 4/1U/02 4110/01 4/lO/Gl ~/i~/Cl 4110/01 4/IC/Oi ~/13/3! CONCLP f OA4KO .)1200 LANU~CAPING, I:'~C. vE';J9/, IOfAL 3430~ 3431J 343133 ~/lO/Cl 41i0/01 ./iO/Oi a/1C,/ul t/lO/Gi 4/lC/Gl 4/lO/Cf ~/10/01 125641 129206 129439 l~,u 191 V~';C,O F, IOIAL 4110/01 4110/01 4110101 4/10101 4/10101 4/10101 4110101 DAY ulST~I~UIING C~'~PA,~Y VEUDOF: TOTAL 01234 53~06843~ 4/10/01 4110/01 DELL ~AkkTiNa L.P. VC~!DOR TOTAL 20Z.23 20/.iS 207.1R 2,d0~.00 3,604.30 3,710.00 3,71J.CO lOu .d? lnp 15173.~0 o5.13 ~5.13 l!7.~7 i17.~? 5,17~.fiC 5,17~.50 1°3.~3 1~.53 5575.23 1,$l~.go 1,314.90 19~.45 195.95 1,o69.75 1,669.75 16.90 lo.90 320C.00 53.5~ 50.5~ 5~.5P MI x J~i.L-CD RIP-NAP CEACitSIOE SOUTH Jk ~L-Cb :~I?-.4,~F' A~.;OR LANF_ JPnL-CD xlP-RAP .~A FERBdRY jF~ qL -C D i([r, OvC 2 STU:tPo 3EsC-tStDE Jm ','L -C 3 RIP-RAP 'F:,:~EE ?Oi:ITS ELVD. J'-: ,L-CD 2EF'LACE3 HOSE J2;~L-C3 jc qL-CD JFc,iL-CD CLL&~X V[bIo'J FLEX JR;:L-Cu J;' ,;L -C JNNL -CD r, Ei~ J?;,L-CD 4I aCELL JRNL-CD JO;;L-C] q©itT 71-7100-o540 1010 81-4350-5300 1010 81-4350-5300 10!0 81-4350-5300 1010 ~1-4350-511U 1010 81-4350-5303 1010 22-4170-3820 lOlO 2Z-4170-3320 lOlO 22-~170-413U 1010 22-4170-1130 lO1O 71-7130-95~0 lOlO 71-7100-9530 1010 71-7100-9530 1010 71-7100-9550 1010 22-4170-2100 1010 ~P-C~2-O1 V E,iD,JR IUVCiCE DUE riOLO NO. It',VOICE ,'~',o~ 34TE D~,TE STATUS 61295 OluSu5 F1420 767097 4/~0/01 4110/01 ,;A;iA V.2!~%DF. ]OTAL 75~9)5 76~543 760544 769577 EAST Sll)E 6E~ERA3E 15505 FUT~cLL F I~E b1750 5~525 ,/iO/O1 4110101 ~/lO/Oi 4/10/01 ~/lO/Ol 4110101 4/i0/01 ~/13/01 ~/1c/61 4/!0/0! 4110/01 4t1010L 41t 'J/gl COhSULT o, :)i:;: V:- ;~'~ I~!T '~L 58~3528 594755 4110/01 4110101 q/lO/Of 4110101 001039 SERVICES 4110/01 4110101 w/lO/Ol 4110/01 V~J¢2 TOTAL 22J.00 220.00 220.00 10~.40 10~.40 332.00 3,49~.~J 25.20 25.23 Z,31!.55 ~,3!1.55 47.5,) 47.50 62m1 .45 270.25 27o.25 113.75 i13.75 3~3 25.67 25.67 25.67 15.6~ 15.60 15.60 125.~1 32.15 37.15 2b .24 25.~4 2~.24 16.48 lO.4B lo.49 134.17 32.15 32.15 322.2~ CI [Y OF ',qbNb OF' SCRI?TIq., Ce'~ F r..'~i !,!CF jr? ~L-C9 Jj-O6-Oi ~-~ REI_ L r u,,~lI 93-2m-01 J:':.L-Cu J' :,-'-'. ~ / C .'" 20,31 J'~:,L-C ) 5IL!.iS?I{ C~' ,~TER CITY POLICIES 03-26-31 03-20-01 03-20-0! U,N I f C'i,"5 03-2C-0! O~-2C-O1 rATS Jq u L -C 5 03-20-ol MATS JO'~L-CD U'~-27-,J 1 U~IIFP .,MS 03-27-U1 'J~, IF C:, M3 03-77-'51 03-27-01 ~AT$ 03-27-01 03-27-~1 JR ';L -CD 04-03-01 r~ATS ~NL-fD ACCOUNT NUMBER 01-4150-4110 1010 71-7100-9530 1010 71-7!0n-9530 1010 71-7100-9530 1010 71-7100-9550 1010 71-7100-9530 1010 71-7109-9550 1010 01-4190-3100 lOtO 01-4190-3!00 1010 01-42~0-224u 73-7300-2240 76-7800-2240 01-4280-2250 73-7300-2250 7B-7800-2250 IOlO 71-7100-4210 1OlO 01-4260-2240 73-7300-2240 78-7800-2240 01-42~0-2250 75-7300-2250 78-7800-2250 iOlO 71-7100-4210 1010 2A~E 4 AP-Cv2-O1 VEhD~q i'~01 Cc_ DL5 .1OLD hO. INVOICE ~-.'!o~ '.)Afc J~TC bTATd$ 81300 50o15 4/i0/01 4/!~/0! GARY'S DIESEL SErVICe VEwDqw TOFAL 61912 066515 4/10/01 4/15/01 SOJDYEAR TIRm DIbTi?I~UTIo;; Vir;u]? TOTAL b1972 355321 365 lo ~ 4110/01 4110/01 4/i0/0i 4/!0/]I 4/10/01 GGS COOPER s LO:4P~,~iY ~ 211_209 hA:lC,,) OqfA P;lO,)t CTS ,q204 J 2145 '~ =~,00:~ TOT-' L ~ ~'; ~,.)i- TOTAL 4/10/Ci dA[CFi, JiM SAL~S CuXPA:{Y V:'43] ( TOTAL H2iSI 010324 ~/10/~1 4/!J/C1 H2iGO 005104 HENN CO TRE~SURFK [233'~ 23~854'~9 2330o4o3 23769300 ~/10/01 4110/01 V2"B9,~ TOTAL ~/lO/Ol 4/13/01 ~/10/01 4/!0/01 4/10/01 4/10/01 P o R C H A i i J 'j !l '~ :, A L C~TY OF ,~fid~:; A'~JU;~T D~'SC:~ [pT ION 12.49 '.H~-~L SPAC2RS 1 7.49 iii :~L -C L} 17.49 i74.72 TIRE5 174.72 174.72 14~.73 14~.73 JR.:L-CD 7)t.£3 L!.~UOR 77~.Z3 4,251.04 LI'~UOR 4,251.64 J~:~L-C? 559.07 5~.07 JPhL-CS 5475.67 i55.44 155.44 155.44 40~.02 409.d2 40~.b2 d74.o$ 874.6g 574.6? 8g5.~0 8~5.80 ~P5.d3 J'O ~. L-C ;.. STAOGi LiGhTS Jq:.iL-C u Ft kST HALF Pk'~PEF;TY T~X J£ .,,L-Cd J2-O1 ,<004' AND ~O~RO JPi'~L-Co 03-10-0! TdRj J4-I3-01 COPIER JR,iL-Cd 333.20 03-10-01 T.-iRU ~4-10-01 COPIER 333.20 JR;'~L-CD 33.10 33.10 33.10 99.30 T.~!xJ 01-12-01 COPI52 MAIMTENAN THRU 01-12-0i COPIER NAINTENAN THRU 01-12-01 COHIER '"AINTENAN JR r,,L -C ~ ACCOUNT NUMSER 01-4280-3510 1010 01-4140-3810 1010 71-7100-9520 1010 71-7100-9510 lOlo 71-7100-9510 1010 71-7109-9520 1010 71-7109-2200 1010 22-4170-2270 i010 55-5879-3100 lOlO 01-4110-4250 1010 01-4320-3500 1010 0i-4320-3500 1010 01-4280-2140 73-7300-2140 75-7800-2140 lOlO PAGE S AP-C02-Oi ,/E ND'u F, ;10. I'-,'vOICE ~3r,~ 23,394I~4 231'727cA IKON OFFICE SOLUTIONS [23i3 81(~9 I:,VGiCC DUE ,IOLD OATF D~TF STATUS 411010L 4110101 41t,~/31 V£';uO~ TOTAL [,MS/ lh J257u 1233791 1236525 ~liOlO1 4110101 4110101 4110101 4/lq/hi 4110101 ,,/15/01 4/1b/ol JOHNSON 3ROT,iCr',S LI::Ug~ $6939-~1 369~9-C 35989-0 36989-E 36w89-F 36989-~ 36-~ $9-H 4119101 4/10/01 4/10/01 ~/i0/01 4/10/01 4/10/01 4/10/01 ~/iO/O1 4110101 4110101 4110101 41£010i 4/10/§1 4110101 4110/01 CITY OF "BUNg g-?.79 03-24-0! Tn.Rd 04-24-01 CdP[ER 99.79 Jg"IL-C 3 la9.53 F~.', %~,Chl':g TO:,ER 199.53 750.42 51.75 b,L-nl-U! T,Rd 04-0!-02 METER 51.75 04-01-01 THRJ 04-01-02 METER 51.75 04-01-~1 THRU 04-n1-32 ~ETER 51.75 ~4-01-01 ThRU 04-01-02 ~ETER 51.75 04-01-01 THRu 04-01-02 NETER 17.25 04-~1-ul ThRU 0~-01-02 ~ETiR 17.25 04-01-01 THRU ,')4-P1-~2 ~ETER 25.88 04-01-~1 ThRd '34-01-02 MITER 25.b7 o4-01-0! TiiRU 04-,]i-02 METER 345 .o0 1,512.75 LIJUO~ 1,512.75 3,095.91 LIqUoR 3,095 .¥1 JO'~L-C.) 1,3~5.20 ~., So 5..; r; J:":L-CD 6003.~6 lcp.bC 02-01 :;ISCEtu4 ;EOi!5 ",ILLA!~L[ 192.50 99.00 02-01 POST OFFICE 99.00 JR',~L-CD 77.90, OZ-Ol EXCEL SU[~STAT[O'4 77.90 jo ~L-CD 33.00 o2-Ol LANGDOh DISTkICT CONDEMH 33.00 JR hL-C[; 36:3.50 02-01 PqST OFFiC~ !~ELQCAriGN 360.50 JqNL-CD 437.10 OZ-O1 MET"~O PLAINS CONTRACT ,+37.10 JqNL-CD 445.00 02-01 LONGPRE PROmE~TY PURCHAS ~45.00 JRhL-CO 169.00 02-01 GRAMERCY CORPORAT ION 169.00 JRNL-CO ACCOU~;T NUMgER 01-4140-2140 01-4320-3500 1010 01-4040-2200 01-4090-2200 01-4190-2200 01-4140-2200 01-4340-3210 01-4280-2200 71-7100-2200 73-7300-2200 78-7800-~200 !010 7i-7100-9510 1010 71-7100-9510 1010 71-71U0-9520 1010 01-4!10-3100 lOlO 55-5879-3100 1010 01-4110-3100 1010 55-5832-3100 1010 55-5879-3100 1010 01-4110-31~0 1010 55-5883-3100 1010 55-5883-3100 PAGE 6 AP-C02-01 NO. i','¥9ICE N:~R KEa;IEDY < ~EqV£N L2~22 149369-p [NgOiC2 DuE tOLD DATe DATE STATUS 4/10/01 4/10/01 LAWSuN P,{ODUCTS, INC. V[':'_)O~? T,qFAL 0134U3 LEA6UE OF MN CITIES L2933 5-314020 5-314119 4110101 b/10/SI &/lO/O1 4/!J/O1 4/10/01 4/10/91 4110/01 4/10/01 ELL'S AUTjMOTIVE/ZITCo* Vbr!U'Df. T~$TAL 09?5 3996 9007 9030 9055 90?6 9097 HAmLIN'S L~UCKIL3 M3030 25u576 dARK VII DISTRIU,JTOR u/lO/OZ 4110101 ~/lO/Ol &/!O/Ol 411¢/01 4/161(,1. ./10/01 4/!u/O1 4110/01 4/10/01 4/16/01 4/!U/01 4110/31 4110101 4/lC/O1 4110/01 Vi';JO:~ TOTAL 4/10/01 4110/01 Va'~uOR TOTAL P U k C 1t A S E J 0 u ,~ N A L CITY OF MQUN~ !~22.00 5.75 5.77 17.2~ l?.~o 2J.O0 20.00 20.00 ?~.0~ 4J.u3 !1.40 11.40 47.2! 47.21 ~.~1 l§4.dO ZO4.uO 15.63 l!J.60 16.30 10.80 123.o0 53.20 63.20 4.~0 4.60 17¢.20 024.90 1,977.25 1,977.25 2977.25 ,DFSCRIPTIDH MI'ii CuT qFF ',-;IL F. Ihl CbT OFF MINI CdT 9FF WHL JR NL -C o REolSTk~TIOH 05-Jl-Ol PLYYOUTd J?NL-CD kEulSTrtATI ~N 05-01-01 J~L-CL ST.JP/TL KI [ JC?;L-Cu POLY-V ~LT O~-Ol-Ol giLIVE~Y Jr4,~L-CU 03-05-31 ~2LIVEPY CH~25E jF,' :,L -C L: O3-ng-$! DnLI','/~Y CHA:~SE JR ~t-CO 03-12-01 7ELIVERY CHNR,iE JE.~L-CJ 0'~-15-01 OELIVERY CHA~SE JRs, L-C3 03-22-01 9~LIVERY CHARGE J:NL-SG 03-26-01 DZLIVqPY C~mGE J= 1L -Cb 03-29-C1 9ELIV£RY CHA~6F 6EER JP~L-CD ACCOUqT NUUBER nl-4280-225o 75-7360-2250 78-7800-2250 1010 01-4090-4100 1010 01-4040-4100 lOlO 01-4230-2310 1010 01-42d0-2310 1010 71-7100-~600 1010 71-7100-9000 !010 71-7100-o600 1010 71-7100-9600 1010 71-7100-9600 lulO 71-7100-9600 1010 71-7100-o600 1010 71-7100-9600 1010 71-7100-9530 1010 PA(~~_ 7 AP-Cu2-O1 ~/ENDOR [!;VOIC2 DuE nOL7 NO. Ihv~)tCE ,'4'-!hR '2&Ti DATE _;TATUS A3080 35234 4110/01 ~/10/01 35~5o 4/iO/OL 35~5F 4/i0/01 35~5~ 4/IQ/OI 55o59 4/10/01 35~§1 4/iC/01 35d6~ ~/i6/01 4/10/01 35oo~ 35~65 4/10/01 35367 ~/lO/O1 35~6~ ~/lO/OI ~5369 ~/lO/Oi 55~70 4/~0/01 55~?1 4/i0/01 35~72 4/i0/01 4/10/~1 4/lu/O1 4/10/01 4/10/0! 4/10/01 4~10/D1 4/10/01 4/1~>/~! 4t10/~] ~/]J/.;1 4/tO/Oi L/IO/O1 4/lO/O1 4/iO/~l 4/10/01 4116/01 4110101 4/10/01 R C H A S E J 0 'J R 'I A L CiTY OF 93.00 45 ~5 .GO ~5.00 45.00 373.b0 373.50 C?~.~5 3~5.U0 300.00 315.00 315.~8 27:3.09 270.~0 ~2b.O0 45.~.) ~.00 502.00 302.00 45.00 LS.OO 90 90.00 ~,$2~.00 4,324.00 1~5.00 1~5.00 540.09 54J.00 1§0.50 16~.50 121.59 12i.50 6E3C,~IPTIQ% Ol-Ol 4545 D,~N:~,IuH '4ORIARIIY Jq:~L-Co Oi-01 hISCLLLA:~EO~S PLANNING gR~L-C3 0Z-01 SE~L CO~T PROJECT J~ ~L-Co 02-01 OPOATE J~IL-CD 02-01 WESTEDGE ENSiNEE~ING J~hL-CD 32-01 wESTiDSE 02-01 ~/I EN6 ~ERViEES J~.,L-C5 02-01 ~TRC~T$ lNG SERVICES JR N L -C 02-01 PAW<5 ENS 5EXVICES JR'~L-C~ 62-01 J~ '~L-CP JP *L-C. 02-01 4546 3l".'$IGfi MOFiIA.~ITIY JP~,L-Cb 02-01 dEIGLER STdR~ SE4ER J~:~L-CO 02-01 )ETON 3LOSS PLAT JPNL-CD 02-01 CEC~ER PROPfRTY REQUEST J~NL 02-01 METRu PLAI!~S DEVELOPMENT J~JL-CD 02-01 CTY RD 15 ~EALIGNMENT JRNL-CD 0R-Q1 DOWNTWON TiF DISTRICT JRNL-CD 02-~1 COAST. TO CU&ST DISTRICT JRdL-CD ACCOUhT NUMBER 01-2300-1121 1010 01-4190-3100 1010 01-4280-3100 1010 Bo-~OOO-3100 1010 55-58&0-3100 1010 55-5B50-3100 1010 01-4190-31q0 01-42B0-310~ i010 01-4340-3100 !OlO 55-5~$0-3190 1010 75-750C-3100 1010 01-2300-1121 1010 01-4280-3100 1010 01-2300-1043 1010 01-2300-109& 1010 01-2300-1096 1010 55-5877-3100 lOlO 55-5880-3100 lOiO 55-5861-3100 1010 PAb£ ~'~ AP-C02-ui iN~OICL due HOLD INVOICE ,~'~6R DATZ DATE STAToS $5d74 35~70 35C77 35o35 ~/101.)1 41!5/01 4110/01 4110/01 4110/01 4/lC/01 4/10/01 4/10/ul 4110/01 4110101 4110/0i 4116/01 4/10/Ci N/iJ/01 41] 0101 4/10/01 4/lO/ul ,dCCOM~ FRAqK ~<OdS ASSuCi;:: VE':O0,i TOTAL M3500 010~10 4/10/01 4/10/91 r4OUHD FI4E RELIEF AS~N V2'~"/R /OFAL '.~3737 010411 R C H A S [.: J '3 ti ,( ~-' A L CITY OF ~3UNJ A~ JIjNT DESC:~IPTIO;~ c5.00 02-01 AUDITOr, S RD SNGINEERING ~,~ .60 JqKL-C6 2,025.o0 02-01 ROTLAN'j !iOM~_S/LANGDON 2,025.00 JRHL-CD 340.50 02-91 FOST OFFICe 3IT~ 345.50 Jq;JL-CL~ 135.00 32-01 PO, Nh AREHA mARKI.'~G 135.00 Z70.U0 O2-~ql COOPuN CASES 27f). ]0 JR;JL-C~ 02-01 wEST2D:~E E~,T£NSI.)N gl0.OO 02-0! LiFT STAT!O'; C'iOIF'ZF~ING ~! J.OO je ~L-CG Ou.00 02-Ol P~Lq~UIST SLf~-OIVISION Ou. O0 JPHL-CD 515.U0 02-01 ENCmL E:;~_~GY IJTILITIE$ 315 .or~ JPRL-C L' l?~o.O') 02-01 iqL~DVIEW %uq-r~IVlSiON i~O .00 JPLL-CD 4~.O0 02-01 SKATL PARK ',5.09 17670.45 $,~23.33 04-02 FIRE RELIEF 8,323.33 JR4L-CD 8~23.33 3~.53 3~.53 3).53 3f.53 37.53 3'~. 5Z 39.53 39.53 20.53 20.53 2C.53 77.~3 7/.63 39.53 !3.1~ 03-01 ;1~ JOHNSON, TIM 0q-0l #17 HENKE, JERRY 03-91 ;1~ H~R~INA, DAMON 0~-91 #19 <IVISTO, 5CDIT 05-01 12G GRAVY, DAN 0~-01 #21 .{~ITZ, =NA~ 0~-01 #22 HEITZ, 90N 03-01 ~23 <ESTJER, AL ~07 61Z-221-6A12 S<I~NER, GREG gO7 612-221-6812 SKINNEP, GREG ~07 oI2-2~1-6~12 5KINNEP, GREG #15 ~2-221-68i2 FACKLER, JIM ~1~ 612-22i-~Ri3 MCCAFFREY, TO ~03 612-22i-~814 RAHN, JODi ~02 612-221-6~22 ~EL$O~, JOYCE ACCOUNT NU~6ER 55-5853-3100 1010 01-2300-1o95 1010 55-5879-3100 1010 01-2300-1117 1010 01-2300-1116 1010 55-58S0-3100 1010 55-58&~-3100 10!0 01-2300-11~9 101o 55-58B0-3100 1010 01-2300-1120 1010 55-5g~O-31na 1010 95-9500-140S 1010 01-4280-3950 73-7300-3950 75-7800-3950 76-7800-3950 01-4280-3950 01-4280-3950 0i-4250-3950 73-7300-3950 01-42~0-3220 73-7300-3220 75-7800-3220 01-4340-3220 01-4340-3220 01-4040-3950 01-4280-3952 AP-C02-01 ·'END JR i f'~VO i CrZ DuE HOL) N0. [DVO[CF_ N>IjR DATF bATF 5TmTJ5 ,,/1o/oi 41iOl0i ~ExTEL CL~MHUN[C~.][ONg, [";C Vi'iDI;/, [PF~L ~3745 O1J32Z NORLANDEx, JILL H3301 52260273 ~2159577 4/lO/OZ 4/Lo/01 VENDOn TOTAL -,/L'}/0L NORTNE;RN TOOL A';b E©u[P~:ch VZ~!GOk TOTAL bT0 11~455~990dl b/lu/01 4/1O/U! P3~TO 010410 ,llO/O£ 4/10/01 ?EAC~ OFFICE~ STANDM~DS AN VENDOR TOTAL P399~ 143312 PAUSTIS ~ SO'~S klht COhPAN V~ND01< TOT&L P~021 7037~6 FO3788F 705R$9 ~/10/01 4/10/01 4/10/0Z 4/lo/01 4/10/01 4/10/01 P d R C H A S ~ J 0 J '~ r,' A L CITY OF A~uU ~T OCSCRIKTIC)a 13.17 r, n2 612-221-6S,:2 NELSON. JOYCF 13.i.$ ~,n2 612-22!-6r, 22 '~ELSOh. JOYCE 39.53 :13 elz-221-g365 JAYKO. 5RAP 39.51 ~14 012-221-11~2 N~RL~,NDER. J[ 77.30 ;~i5 ~t2-2~2-588g SuTMERLAND. J 780.52 JmhL-CO 7F0.52 1S.u0 2031 DUES 15 .U0 Je.*L-CO 15.00 ~3.18 SA:;DEF, leo.3e J? ';L-CD 77.99 z" 3ALL 152.47 23.2~ 23.23 7.74 ]i.o? 154.b~ 4So.uo LICENSEC (5) 453.00 J~L-CJ 45u.oO 207.50 wI'~E 207.50 14g.45 LI~JUOR i43.45 JR'~L-CD 571.75 ~I~E 571.75 JR'~L-C5 150.00 L!~UOR 150.00 JR:~L-CD ACCUUhT :,lUMP;ER 73-?300-3950 78-7500-3950 01-4340-3950 01-4190-3950 01-4190-3220 iOlO 01-4190-4120 1010 01-4280-2310 7d-7800-2310 1010 01-4340-3820 78-7800-2350 1010 01-4040-2200 01-4090-220C 01-4149-220u 01-41V0-2200 01-4340-2200 01-42~0-2200 71-7100-220~ 73-7300-2200 75-7800-2200 lolo 0i-4140-4130 10!u 71-7100-9520 IOlO 71-7100-9510 1010 71-7100-9520 1010 71-7100-9510 iOlO PAGE lO AP-Cu2-0~ VENDOR N,q. I'1'¢0I C~ ?HILLIP3 WI ~.i ~4038 40916 PINNACLE DiSTRIquTI~Wb ,~417i 915173-A 942737-D0 942 744-00 945062-00 943099-00 9a4737-00 94)009-00 945017-00 945602-00 .~UALITF wI;,E R4209 1440 RANDY'S SANITATION S4475 805~7 4/lO/C1 4/10/01 4/IQ/OL CllUlO! 411010£ 4/10/~! ~/10101 ~/iO/Ol 4/10/31 '~/1¢/01 4/!J/01 4/iO/Ol 4/10/01 · ,Il0/01 4110/01 SH Ir, ITS ¥ r- !~, D') 2 TOFAL 4/10/01 4/10/01 V--~;SOR TOTAL 4110101 4110/01 ST. PAUL STAMP ~ORKS, INC. V£~Or~ TOTAL S4580 7424 STERNE ELECT~<IC CO S4005 215302 4/10/01 4/10/ol VENJOA TDT~L 4110/0l 4/!U/01 P U A?.jUNT ±~109.15 1,10~.15 1979.55 1,312:39 i,~i~.39 !312.39 1,343.7R 1,343.72 27.00 27.00 3,029.29 251.21 251.21 102.06 102 ll'}.~5 1!9.05 60.79 60. 1,~91 .¥9 1,691.99 100S/.70 110.77 !10.77 110.77 246.95 240.95 56.4? 50.42 50.42 ~915 3,91) CITY J£.]CKI?TIO , wi JRNL-C] LI '~UOR JR :~ L -C 9 ~', [ aC LLL z ~,E,JUS J~ ~l -C2 L I '.Ubq jr ~L-Cm LI jm ~L-CZ J~ ',L -C J~ ~L-C~ LI JF .L-C 0 JR ';L-CD 03-0/ TGASii J~ :~L -C b D~<Y TAGS JR,~L-{O X~TERIAL F~,R G{NE~ATo~ J~ 4L-CO THRU O~-Zl-O1 PRO SERVICES J~ ~L-{2 ACCOUNT NUMBER 71-7100-9520 lOiO 71-7100-9550 lOiO 71-7100-9510 lOiO 71-7100-9550 71-7100-9510 lOlO 71-7130-9520 1010 71-7100-951,) 1010 71-710S-95!0 1010 71-7100-9550 1010 71-7100-o510 1010 71-7100-9520 1010 01-4320-3750 1010 81-4350-2200 lOiO 78-7800-4200 1010 55-5878-3100 1010 PAGF 11 AP-CoC-O£ VENDOR [',vOiCL DUE !'IOL9 NO. IN¥OICL iiYS~ DAT,;_ DATE STATUS SIS CO,NSUL[~,:Ts LTJ 54630 010416 4tLO/OL 4110/0! SPEEDWAY SUPiRA~ERICA LLC VENUOR TOtaL $4631 010420 4/1C/GI SPEEDWAY SUPERAViF, ICA LLC VL:~L,,JP TOTAL 5403~ 010410 4/10/0i 4/lu/o1 SPEEDWAY SUPtRA~[qICA ~LC VaL~CP TOI~L T4703 010327 ~K SYSTEMS LLC [473~ 13~22 tHE LAKE~( f4770 22Z247 222248 222249 4/10/01 4/lu/O1 vu";DJ,~ T~T~L 411o/01 4/13/~1 4/l~/u! 4/10/01 4/10/01 4/10/0i 4/10/01 THORPE DISTRIaUTINb COHPAH VEhj3R TOTAL T4790 42T54 4/10/01 4/10/01 42?67 4/10/01 4110/01 THURK OROS CHEVRoLeT VENDO~ TOTAL T4951 075073 ~710/01 4/10701 fRUE VALUE VENDDR TOTAL P b R C H $ S E J 0 U :~ N A L CI1Y ,)F A'~OUhT DFJCRIPTION 39!5 .uO 1,3~2.16 TH~iU 03-26-02 GAS CHARGES 2~9.?1 THRU 03-26-01 SAS CHAPGES ~0.?1 THRU 03-25-01 G~S CHARGES 222.22 THRU 03-25-01 GAS CHARGES l~v.40 TH~U Q3-25-01 GAS CHA~:~ES 2,104.20 JRNL-Cb 2i24.20 1,1B,.49 IHRU 03-25-01 GAS CHARGES 1,le4.49 JRNL-CD 1154.49 114.25 TH~U 03-25-01 GAS CHAR,DES 114.25 J,!i~L-C O 114.25 25.U0 03-01 WEb-SITE 25.00 J= ~L-CD l~J.o9 F~KU O~-l~-OZ CLASSIFIEDS l~3.OO 1~0 9,036.25 bEER 9,03S.25 JRNL-CP 6~7.55 647.5~ JO NL-Cu 9710.85 i46.71 CALIPC~ 146. F1 3.13 ~OLT/SCR~W 3.13 40.10 5ATIERIES 4J .10 JRNL-C~ 40.10 ACCOUNT NUMBER 01-~2~0-2210 78-7800-2210 01-4340-2210 22-4170-2210 73-73~0-2210 1010 01-4140-2210 1010 22-4170-2213 1010 01-4320-3100 1010 01-4340-3510 lOlO 71-7100-9550 1010 71-7100-9530 1010 71-7100-9530 1010 01-42~0-3810 lOlO 01-4280-3d10 1OlO 78-7800-2200 iOlO PAGE 12 AP-C02-Oi VFNDdR :JO. INVOICE T4'76 S 27S668 [HYS~FN LAGE~dIST T4985 296542-0 295547-0 296234-0 TWIq CITY OFT ICi V5175 010410 010410-3 DUE HOLD ~,&TE STAT,JS 4/lC/Of 4/10/01 EL£VATO V/D~CR TOTAL 4/tO/Of 4/!C/01 Suf-~PLY C'~ V:':Z?,': TCTAL 4/10/01 4/10/01 P U AMOUNT !53.~4 153.g4 153.~4 15.9~ 15.9g 15.98 15.9B 15.98 5.33 7.99 7.99 92.3n !g~.44 !~.06 lo.06 2.wl 2.~1 2.91 2.91 2.91 .97 1.47 1.47 19.43 230.53 !5.2B 11.70 11.70 11.70 15.55 ~.97 ~.97 27.44 27.44 27.44 27.95 2~.1S 27.6~ 27.44 27.44 15.02 15.96 i5.44 17.42 27.47 306.59 '1.5.2~ ~ C H A S E J 0 IJ [~ N A L CITY CF t~qdND ~ESC~IPTID~ ELEVATOR SERVICE JqiL-C3' dISCELLA:~EOUS SUPOLIES r. ISCELLAhEOUS SUPPt. I ES ,'ti 5CELLANEOUS SUPPLIES ;ii SCELL ~hqO'JS SUPPLIES .'~I SCFLLANEOUS SUPPLIES ~tI SCELL~4EOUS SUPOL lES MISCELLAhEOUS SUPPLIES ~I SC~LLANEOU5 SUPPLIES ~I~CELL ~,q~OUS SLIPDL [ SS ~OTEd?3<S. ETC. Pg,~ TFFJL I O' S J~ ~L-Cu O! -~i 0!-01 01-01 01-01 01-01 01-01 01-01 O] -01 01-01 Ol-O1 Ol-O1 01-01 01-01 01-01 01-01 01-91 O1 -01 01-01 01-01 ~12-2at-905°~ FI~:A~'rr,,._ ~12-5OC-4351 P/~ 612-590-~351 P/W 612-590-4351 P/~ 01=-~65-o7S; ~A~!AGER oi2-~5~-~520 WATEm o12-554-o520 SEWER ~!2-551-2110 oAT~OL ~45 612-581-6401 o12-581-~404 BLAZER 012-5~1-5440 S'~UAD R40 512-581-6441 S3UAO 841 ~12-581-5442 5~UAD 612-581-54~3 SQUAD ~43 612-581-6444 SWUAD c12-723-75o0 MOUND FIRE 612-751-3572 E'~GI~E 18 oi2-751-3573 MuU~D FIRE 612-875-4502 RESCUE TRUC 612-581-6405 I:JVESTI~ATO JR:~L-C:) 02-01 612-296-905~ FIS~'ANCE ACCOUNT NUMBER 01-4320-~200 1010 01-4040-2100 01-4090-2100 01-4140-2100 01-4190-2100 01-4340-2100 01-4280-2100 71-7100-2100 73-7300-2!00 75-7800-2100 01-4190-2100 1010 22-4170-2100 1010 01-4040-2100 01-4090-2190 01-4140-2100 01-4190-2100 01-4340-2100 01-4269-2100 71-7100-2100 73-7390-21~ 7~-7~00-210G 1010 01-4090-3220 01-4250-3220 73-7300-3220 78-7800-3220 01-4040-3220 73-7300-3220 78-7800-3220 01-4140-3220 01-4140-3220 01-4140-322~ 01-4140-3220 01-4140-3220 01-4140-3220 01-4140-3220 01-4140-3220 22-4170-3220 22-~170-3220 22-4170-3220 22-4170-3220 01-4140-3220 IOlO 01-4090-3220 ~P-C02-01 NO. [~O/CE i,MDR OATC 9~TE STATUS CF~<I 7. ON N IXaLESS W5443 2~o103 ~/iG/Oi 4/!C/ol V_hDC,;, TO[AL ,/lO/Vi 4/li/ol 236655 4/i6/01 4/1 ;/J] ~ATE,{]OWI PA4To C£hTLF v£":~?,:. TO[AL .5492 010401 4110101 4110/01 WEST NET~O ~uILDiNG ~AI;qT. V~NDOR TOTAL 4/10101 4/IU/Ol wESToNKA PUBLI[ SCHOOLS VmhOCR TOTAL 45630 41m3 JIDHER INC Z6126 010512 4/19/01 4/!o/bl ViNO0h TOTAL r' b t C n ~ S E J 0 I ~ .~ A L CItY CF "GUN) AXSIJNT 11.70 1L.70 Il .70 15.55 3.97 $ .97 27.44 27.44 27.44 27.95 27.o~ 27.44 2/.44 15.02 1o.~6 17 .b2 27.47 3~t.59 793.13 10.43 l0.43 lo.43 ~1.20 12.54 12.34 37.01 1,529.69 110.05 llu.e5 110.o5 1,650.75 1650.75 19,?R5.00 19,735.00 39,57J.00 30570.00 486.00 16d.u0 045.00 59.83 DFSCR! PT I"~h 02-01 o12-590-4351 P/W 02-91 512-590-4351 02-01 6~2-590-4~51 p/w 02-01 61~-554-6520 WATER 02-0i 612-554-6520 SEWER 02-01 612-5~1-2110 PATROL ~45 02-01 612-5~I-540! 02-01 6t2-5B1-640C 02-01 o1~-5~1-6440 Sd~AD E40 02-0i ~12-581-644t S~UAD 841 02-01 o12-581-54~2 S~JAO ~42 02-01 612-581-5443 S~UAD 843 O2-0l ol2-5~i-644A S~I!AD ~44 02-01 612-723-75~0 ~,JU~C FIRi 02-01 o12-751-3572 02-01 512-751-3575 MGUND F~P[ 02-01 ~12-~75-4q02 02-01 ~12-582-6405 !qVESTldArO J~L-C2 OIL FI Ti° OIL FI TEq dI_ FI TEe JJ;L-C 6~ S GAS GAS JR ,L-C 04-01 CLEAF~IU6 04-01 CLEANING 04-01 CLEANING 04-01 CLEANINC J~iiL-CD 5TA~FI:,G PARKS Ah] 3E~CHE5 STAFFIhG PAqKS AND BE4CHES J,~,~L-C3 02-01 SNOW oLOWINS 02-01 SNOW PLnWINS J~NL-CD 03-03-ol HANkAfO FIRE SCHOOL ACCOUNT NUM6ER 01-4280-3220 73-7300-3220 73-7800-3220 01-4040-3220 ?~-7309-3220 78-7800-3220 01-4140-322o 01-4140-3220 01-4140-3220 0i-4140-3220 01-4140-3220 01-4140-3220 01-4140-3220 01-4140-3220 22-4170-~220 22-4170-5220 22-4170-3220 22-417~-1220 oi-414e-322o lol0 01-4280-2250 73-7300-2250 7B-750e-P250 1010 01-~2&0-2250 73-730n-2250 73-7800-2250 1010 01-4320-4210 01-4280-4200 73-7300-4200 75-7R00-4200 1Ol0 0!-43§0-4100 01-4360-4200 !010 01-42~0-4200 40-0000-4200 1010 22-4170-4110 PAGE 14 AP-C32-Oi vErIDdE NO. INVOIC~ ;lh~R BAOh, PAUL Z630b 19444 19704 LINDA'$ PHoTOGRAPMy 36814 010320 JA~U$1K, MATIHE~ Z6827 0295 60~3[TT. TLR~iY 010328 4/10/01 4/10/01 4/10/01 4/10/0i 4/10/01 V£~DO~ TOIAL ~/iO/Ol a/lg/Ol v~,;~04 TCF~L 4/10101 ~/lO/Oi 4/10/31 MARSHALS AS$OC jF '-11;; V~'~D"n TnT~L Z6539 PU%2~ga7 4/10/01 4/]o/6! INSTITUTE OF PuL[CC TECF'~=:: VnqDC~ l~fAL Z6640 010410 4/10/01 4/10/01 8OYEK ~UILDI,,iG C,3RPU~<A¥ldN Vi'4D3H TOTAL TOTAL ~LL YEKDORS ~OLJ %TAToS CIFY nF ~.IOU*:3 A~',jtINT 59.53 59.o~ 120.74 126.74 99.05 99.65 225.70 50.00 SSu. OC 12.50 12.50 ~.O0 $5.~C ]4.45 5~.4~ 3&.45 1~24m.00 1,~OO.O0 16V,509.44 3ESCRIPTIO,~ JRIL-CD POPTRAIT SESSION ON LOCATION JR~L-CD J4' ,'~ L -C ~ r, EFUN3 ,r)o.q LIT{NSF jr: ,L-C,~ 2CO1 F,,2 HL~F!{ Sd I P J~hL-C3 JR;~L-C~ REFUi;? ESC~O~ ACC)'JN! REFUND ESCRO; ACCO'JNT J~hL-CD ACCOUNT NU~3ER 1010 01-4020-4100 1010 01-4020-4100 1010 01-~140-4110 22-~170-3100 lOlO 01-3250-0000 1910 22-4170-4130 1010 01-4140-417J 1010 01-2300-1037 01-2300-1017 1010 CITY OF MOUND RESOLUTION NO. 01- RESOLUTION APPROVING THE FORM OF THE LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK, SALT LAKE CITY, UTAH, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. WHEREAS, the City Council of the City of Mound (the "Governing Body') has determined that thc leasing of the property described in thc Lease/Purchase Agreement (the "leaseJPurchase Agreement') presented at this meeting is for a valid public purpose and is essential to the operations of the City of Mound, Minnesota, (the "Lessee"); and VOtEREAS, the Governing Body has reviewed the form of the LeasefPurchase Agreement and has found the terms and conditions thereof acceptable to the Lessee; and WHEREAS, either there are no legal bidding requirements under applicable law to arrange for the leasing of such property under the Lease/Purchase Agreement, or the Governing Body has taken the steps necessary to comply with the same with respect to the Lease/purchase Agreement; and NOW, TItEREFORE BE IT RESOLVED by the Governing Body of the City of Mound as follows: SECTION 1. The terms of said Lease/Purchase Agreement are in the best interests of the lessee for the leasing of the property described therein. SECTION 2. The appropriate officers and officials of the Lessee are hereby authorized and directed to execute and deliver the Lease/Purchase Agreement in substantially the form presented to this meeting and any related documents and certificates necessary to the consummation of the transactions contemplated by the Lease/Purchase Agreement for and on behalf of the Lessee. The officers and officials of the Lessee may make such changes to the Lease/Purchase Agreement and related documents and certificates as such officers and officials deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. The officers and officials of the Governing Body and the Lessee are hereby authorized and directed to fulfill all obligations under the terms of the LeasefPurchase Agreement. The foregoing resolution was moved by Councilmember Councilmember The following voted in the affirmative: The following voted in the negative: and seconded by Adopted by the City Council of the City of Mound this l0w day of April, 2001. Attest: Acting City Clerk Pat Meisel, Mayor COPY IMAGES, INC. 55 W. 78TH ST. SUITE K NA, MN 55439 L 'VOICE Invoice Number: 12035 invoice Date: 03/29/2001 Terms: Net Sales Code: TK Ship Via: Best Way Bill To: CITY OF MOU CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 Attn: * ( 952 ) 472-0600 Make: KONICA Model: 7075 P.O. Number: 14853 Ship To: CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364 Attn: * ( 952 ) 472-060(3 Serial Number: 55VE01291 Machine ID: 01291 Machines Product Code Order BO 950635 Serial Number 55VE01291 950636 Seriat Number i29Y03035 957100 Serial Number 55PZ10801 950778 -iai Nur~ber 26AE02i78 7075 7065 PZ-108 0 1 Konica Konica 7075 Digital Copier System 0 1 Konica FS-108B Finisher 0 1 Konica ..... punch & Z-F°ld Unit 0 1 KONICA 1120 ~KONIcA REMANUFACTURED 1120 cOpiER ( Less Trade In ) Discount Unit Price E~t Price 0.00% $19.313.00 $19,313.00 0.00% $3.072.00 S3.072,00 0.00% 54.997.00 84,997,00 0.00% $0.00 S0,00 $0.00 Parts Part Number ! Order : BO Ship Make :Model i Discount Unit Price-- ;--'-~xx{~ ~ 950630 1 0 1 Konica HD-102 0.00% $679.00 $679.00 Hard Disk Drive for Konica 7075 Telephone: ( 952 ) 833-3623 Facsimile: ( 952 ) 833-3628 Sub Total: $28,061.00 Shipl~ing & Handling: $0.00 Applicable Sales Tax: $1,823.97 Payment: $0.00 Balance Due: $29,884.97 Ali Invoices Are Due And Payable On Receipt customer guarantees payment within the specified terms and agrees to reimburse seller for all expenses incurred in collecting the amount of this invoice. A set*vice charge of 1.5 % per month will be added to all past due amounts. Thank You For Choosing COPY IMAGES, INC. Page 1 of I 04/02/01 524 S693 04 -02-01 Mound Loan Amount: Te~rn of Loan: Amortization Method: $ 30,000.00 1O Normal, 360 D/Y Loan Date: Annual Interes~ RaZe: Interest Compounded: PMT Due 1 2001 2 3 2002 4 5 2003 7 2004 8 9 2005 10 2006 DaSe 11-01-01 totals 05-01-02 11-01-02 totals 05-01-03 11-01-03 totals 05-01-04 11-01-04 totals 05-01-05 11-01-05 totals 05-01-06 totals Grand totals Payment Amount Interest 3,419.62 806.02 3,419.62 806.02 Principal 2,613.60 2,613.60 3,419.62 657.27 2,762.35 3,419.62 590.98 2,828.64 6,839.24 1,248.25 5,590.99 3,419.62 523.09 2,896.C3 3,4!9.62 453.57 2,966.05 6,839.24 976.66 5,862.58 3,419.62 382.39 3,419.62 309.49 6,839.24 691.88 3,419.62 234.85 3,419.62 158.42 6,839.24 393.27 3,419.65 80.15 3,037.23 3,!I0.!3 6,!47.36 3,184.77 3,261.20 6,445.97 3,339.50 3,419.65 80.15 3,339.50 $ 34,196.23 $ 4,196.23 $ 30,000.00 ~004 04-10-2001 4.800 % Semi-~nnual Balance 27,386.40 24,624.05 21,795.4! 18,898.88 15,932.83 12,895.60 9,785.47 6,600.70 3,339.50 0.00 LEASE/PURCHASE AGREEMENT Dated as of April 10, 2001 by and between ZIONS FIRST NATIONAL BANK, as Lessor and CITY OF MOUND, as Lessee Mound CiD' 040201 doc TABLE OFCONTENTS SEC~F/ON I. I SECTION ARTICLE I DEFINITIONS AND EXlarIBITS Defimtions and Rules of ConsWuction .................... 2 Exi~bits ........................................................................... 3 ARTICLE il REPRESENTATIONS COVENANTS AND WARRANTIES SECTION 2.1 Representations. Covenants and Warranties of the Lessee ...... 3 SECTION 22 Representanons. Covenams and Warrannes of the Bank. ...... 9 ARTICLE III AGREEMENT TO LEASE; TERM OF LEASE: LEASE PAYMENTS SECTION 3.1 Lease ................................................................. 9 SECTION 32 Term I0 SECTION 3 ~ Terrnanation ] 0 SECTION 3.4. Lease Paymems I0 SECTION 35 Possession of_Leased Property Upon Tern~natitm.. I I SECTION ? 6 No Withholchng I 1 SECTION L7 Lease Pa.',raems Io Conslitme a Currenl Obligauon of the Lessee 1 I SECTION 38 Net Lease 11 SECTION 39 Offset I I ARTICLE VIII PREPAh .'3, lENT OF LEASE PA~ ,'MENTS IN PART SECTION 8. I Extraordinary. Prepayment From Net Proceeds ............. 16 SECTION 8.2 Optwn lo Purchase Leased Property ............................. [7 SECTION c~ 1 SECTION 9.2 SECTION 94 SEC~TION 9.5 SECTION 96 SECTION 97 SECTION 98 SECTION 9.9 SECTION 9. lO SECTION 9.11 ARTICLE IX MISCELLANEOUS Notices ....................................................................... 17 System of Re~stration .................................................. 17 Binding Effect ................................................................ 18 Amendments ........................................................... 18 Secuon Headings ..................................................... 18, Severability ........................................................... 18 EntLre A~eement .................................................. 18 Execution in Counterparts ................................... 18 ,M-bitration 18 Applicable Law ................................................... 18 Schedule of Lease Payments .................................. Exhibit A Legal Description of the Leased Properly ......................... Exhibit B Resolution of Go,,ermng Body Exl~bit C Opinion of Lessee's Counsel Extubil D Security Docun~zn~s Eydubtl E SECTION 4 1 SECTION 4 2 ARTICLE IV INSURANCE Insurance ............................................................. t I Damage to or Destruction of the Leased Property ........... 12 ARTICLE V COVENANTS SECTION 51 Use of the Leased Property ......................................... 12 SECTION 52 Interest in the Leased Propeay and this Lease ..................... 13 SECTION 53 Maintenance, Utilities. Taxes and Assessments ................... t 3 SECTION 5.4 Modification of the Leased Property ................................. 13 SECTION 5.5 perrmts .......................................................................... 14 SECTION 5.6 Bank's Right to Perform for Lessee ................................... 14 SECTION 5.7 Bank's Disclaimer of. Warramies ..................................... 14 SECTION 5.8 Indemmfication .................................................................. 14 SECTION 5.9 Inclusion for Consideration as Budget Item ....................... 15 SECTION 5.10 Annual Financial Information ........................................... 15 SECTION 6. l SECTION 6 2 ARTICLE V1 ASSIG~'~IENT AND SUBLEASING Assignment by the Bank ..................................................... 15 Assignment and Subleasing by the Lessee ..................... 15 ARTICLE Vll EVENTS OF DEFAL%T AND REMEDIES SECTION 7 1 Events of Default Defined 15 SECTION 7 2 Remedies on DethlJIt ..................................... 16 SECTION 7 3 No Remedy Exclusive .................................... SECTION 7 4 Ag~en~nt Io Pay Auomeys' Fees and Expenses ........... 16 SECTION 7 5 Waiver of Certain Damages 16 Mound City 040201 doc WITNESSETH' WHEREAS, the Lessee desires to finance the acquisition of the equipment and/or other personal property described as the "Leased Property" in Exhibit B (the "Leased Property") by entering into this Lease/Purchase Agreement with the Bank (the "Lease"); and WHEREAS, the Bank agrees to lease the Leased Property to the Lessee upon the terms and conditions set forth in this Lease, with rental to be paid by the Lessee equal to the Lease Payments hereunder; and WHEREAS, it is the intent of the parties that the original term of this Lease. and any subsequent renewal terms, shall not exceed 12 months, and that the payment obligation of the Lessee shall not constitute a general obligation under State law; and WHEREAS, all acts, conditions and things required by la,,,,' to exist, to have happened and to have been performed precedent to and in connection with the execution and delivery of this Lease do exist, have happened and have been performed in reg'ular and due time. form and manner as required by law. and the parties hereto are now duly authorized to execute and enter into this Lease: NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto a~ee as follows: Mound CiE, 04l}201 LEASE/PURCHASE AGREEMENT THIS LEASE/PURCHASE AGREEMENT, dated as of April 10. 2001, by and between ZIONS FIRST NATIONAL BANK. a national banking association duly organized and existing under the laws of the United States of America, as lessor (the "Bank"), and City of Mound tthe "Lessee"). a public agency of the State of Minnesota (the "State"), duly organized and existing under the Constitution and laws of the State, as lessee: W__ITNESSETH' WHEREAS, the Lessee desires to finance the acquisition of the equipment and/or other personal property described as the "Leased Property" in Exhibit B (the "Leased Property") by entering into this Lease/Purchase Agreement with the Bank (the "Lease"): and WHEREAS. the Bank agrees to lease the Leased Property to the Lessee upon the terms and conditions set forth in this Lease, with rental to be paid by the Lessee equal to the Lease Payments hereunder: and WHEREAS, it is the intent of the parties that the original term of this Lease, and any subsequent renewal terms, shall not exceed 12 months, and that the payment obligation of the Lessee shall not constitute a general obligation under State law: and WHEREAS. all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and delivery of this Lease do exist, have happened and have been performed in regular and due time. form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Lease: NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto a~ee as follows: ARTICLE I DEFINITIONS AND EXHIBITS SECTION 1.1 Definitions and Rules of Construction. Unless the context otherwise requires, the capitalized terms used herein shall, for all purposes of this Lease. have the meanings specified in the definitions below. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa. The terms "hereby", "hereof", "hereto". "herein", "hereunder" and any similar terms, as used in this Lease, refer to this Lease as a whole. "Advance" shall have the meaning set forth in Section 2. I(1)0)(D) hereof. "Bank" shall have the meaning set forth in the Preamble hereof. "Business Day" means any day except a Saturday, Sunday. or other day on which banks in Salt Lake City. Utah or the State are authorized to close. "Code" means the Internal Revenue Code of 1986, as amended. "Commencement Date" means the date this Lease is executed by the Bank and the Lessee. :., hereof. "Event of Nonappropriation' shall have the meaning set forth in Section ' v "Governing Body" means the governing body of the Lessee. "Lease Payments" means the rental payments described in Exhibit A hereto. "Lease Payment Date" shall have the meaning set forth in Section 3.4(a) hereof. "Leased Property" shall have the meaning set forth in the Whereas clauses hereof. "Lessee" shall have the meaning set forth in the Preamble hereof. "Net Proceeds" means insurance or eminent domain proceeds received with respect to the Leased Property less expenses incurred in connection with the collection of such proceeds. "Obligation Instrument" shall have the meaning set forth in Section 2.1 (c) hereof. "Original Term" shall have the meaning set forth in Section 3.2 hereof. "Permitted Encumbrances" means, as of any particular time: (i) liens for taxes and assessments, if any, not then delinquent, or which the Lessee may, pursuant to provisions of Section 5.3 hereof, permit to remain unpaid; (ii) this Lease; (iii) any contested right or claim of any mechanic, laborer, materialman, supplier or vendor filed or perfected in the manner prescribed by laxv to the extent permitted under Section 5.4(b) hereof: (iv)easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions which exist of record as of the execution date of this Lease and which the Lessee hereby certifies will not materially impair the use of the Leased Property by the Lessee: and (v) other rights, reservations, covenants, conditions or restrictions established following the date of execution of this Lease and to which the Bank and the Lessee consent in writing. "Rebate Exemption" shall have the meaning set forth in Section 2.1d)0i)(A) hereof. "Regulations" shall have the meaning set forth in Section 2. l(1)(i) hereof. "Renewal Term" shall have the meaning set forth in Section 3.2 hereof. "Scheduled Term" shall have the meaning set forth in Section 3.2 hereof. "State" shall have the meaning set forth in the Preamble hereof. "Term" or "Term of this Lease" means the Original Term and all Renewal Terms provided for in this Lease under Section 3.2 until this Lease is terminated as provided in Section 3.3 hereof. SECTION 1.2 Exhibits. Exhibits A, B, C and D attached to this Lease are bv this reference made a part of this Lease. ARTICLE II REPRESENTATIONS, COVENANTS AaND WARRANTIES SECTION 2.1 Representations. Covenants and Warranties of the Lessee. The Lessee represents, covenants and warrants to the Bank as follows: (a) Due Organization and Existence. The Lessee is a public agency of the State duly organized and existing under the Constitution and laws of the State. (b) Authorization: Enforceability. The Constitution and laws of the State authorize the Lessee to enter into this Lease and to enter into the transactions contemplated by, and to carry out its obligations under, this Lease. The Lessee has duly authorized, executed and delivered this Lease in accordance with the Constitution and laws of the State. This Lease constitutes the legal, valid and binding special obligation of the Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting the rights of creditors generally. (c) No Conflicts or Default: Other Liens or Encumbrances. Neither the execution and delivery of this Lease nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby (i) conflicts with or results in a breach of the terms, conditions, provisions, or restrictions of any existing law, or court or administrative decree, order, or regulation, or agreement or instrument to which the Lessee is now a party or by which the Lessee is bound, including without limitation any agreement or instrument pertaining to any bond. note, lease, certificate of participation, debt instrument, or any other obligation of the Lessee (any such bond. note, lease, certificate of participation, debt instrument, and other obligation being referred to herein as an "Obligation Instrument"), (ii) constitutes a dehult under any of the foregoing, or (iii) results in the creation or imposition of any pledge, lien, charge or encumbrance whatsoever upon any of the property or assets of the Lessee, or upon the Leased Property except for Permitted Encumbrances. By way of example, and not to be construed as a limitation on the representations set forth in the immediately preceding paragraph: (A) no portion of the Leased Property is pledged to secure any Obligation Instrument; and (B) the interests of the Lessor in the Leased Property hereunder do not violate the terms, conditions or provisions of any restriction or revenue pledge in any agreement or instrument pertaining to any Obligation Instrument. If any Obligation Instrument existing on the date of execution of this Lease creates any pledge, lien, charge or encumbrance on any revenues, property or assets associated with the Existing Property and/or the Financed Property that is higher in priority to the Bank's interests therein under this Lease. the Bank hereby subordinates its interests therein, but only to the extent required pursuant to such existing Obligation Instrument. (c) Compliance with Open 1Meetin~ Requirements. The Governing Body has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which the Lessee's execution or' this Lease was authorized. (d) Compliance with Biddin~ Requirements. Either them are no procurement or public bidding laws of the State applicable to the acquisition and leasing of the Leased Property pursuant to this Lease, or the Governing Body and the Lessee have complied with all such procurement and public bidding laws as may be applicable hereto. (e) No Adverse Litigation. There are no legal or governmental proceedings or litigation pending, or to the best knowledge of the Lessee threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling, or finding might adversely affect the transaction contemplated in or the validity of this Lease. (f) Opinion of Lessee's Counsel. The letter attached to this Lease as Exhibit D is a true opinion of Lessee's counsel. (g) Governmental Use of Leased Property. During the Term of this Lease, the Leased Property will be used solely by the Lessee, and only for the purpose of performing one or more governmental or proprietary functions of the Lessee consistent with the perrmssible scope of the Lessee's authority, and the Leased Property will not be subject to any direct or indirect private business use. 4 (h) Other Representations and Covenants. The representations, covenants, warranties, and obligations set forth in this Article are in addition to and are not intended to limit any other representations, covenants, warranties, and obligations set forth in this Lease. (i) No Nonappropriations. The Lessee has never non-appropriated or defaulted under any of its payment or performance obligations or covenants, either under any municipal lease of the same general nature as this Lease, or under any of its bonds, notes, or other obligations of indebtedness for which its revenues or general credit are pledged. (j) No Legal Violation. The Leased Property is not, and at all times during the Term of this Lease will not be in violation of any federal, state or local law, statute, ordinance or regulation. (k) General Tax and Arbitra~e Representations and Covenants (i) The certifications and representations made by the Lessee in this Lease are intended, among other purposes, to be a certificate permitted in Section 1.148-2(b) of the Treasury Regulations promulgated pursuant to Section 148 of the Code (the "Regulations"), to establish the reasonable expectations of the Lessee at the time of the execution of this Lease made on the basis of the /'acts. estimates and circumstances in existence on the date hereof. The Lessee further certifies and covenants as follows: (A) The Lessee has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as an issuer which may certify bond issues. (B) To the best knowledge and belief of the Lessee, there are no facts, estimates or circumstances that would materially change the conclusions, certifications or representations set forth in this Lease, and the expectations herein set forth are reasonable. (C) The Scheduled Term of this Lease does not exceed the useful life of the Leased Property, and the weighted average term of this Lease does not exceed the weighted average useful life of the Leased Property. (D) Each advance of funds by the Bank to finance Leased Property under this Lease (each an "Advance") will occur only when and to the extent that the Lessee has reasonably determined and identified the nature, need, and cost of each item of Leased Property pertaining to such Advance. (E) No use will be made of the proceeds of this Lease or any such Advance, or any funds or accounts of the Lessee which may be deemed to be proceeds of this Lease or any such Advance, which use, if it had been reasonably expected on the date of the execution of this Lease or of any such Advance, would have caused this Lease or any such Advance to be classified as an "arbitrage bond" within the meaning of Section 148 of the Code. Moqlnd Cily 040201 (F) The Lessee will at all times comply with the rebate requirements of Section 148(f) of the Code as they pertain to this Lease, to the extent applicable. (G) In order to preserve the status of this Lease and the Advances as other than "private activity bonds" as described in Sections 103(b)(1) and 14.1 of the Code, as long as this Lease and any such Advances are outstanding and unpaid: (I) none of the proceeds from this Lease or the Advances or any facilities or assets financed therewith shall be used for any "private business use" as that term is used in Section 141{b) of the Code and defined in Section 141(b)(6) of the Code: (II) the Lessee will not allow any such "private business use" to be made of the proceeds of this Lease or the Advances or any facilities or assets financed therewith: and (III) none of the Advances or Lease Payments due hereunder shall be secured in whole or in part. directly or indirectly, by any interest in any property used in any such "private business use" or by payments in respect of such property, and shall not be derived from payments in respect of such property. (H) The Lessee will not take any action, or omit to take any action, which action or omission would cause the interest component of the Lease Payments to be ineligible for the exclusion from gross income as provided in Section 103 of the Code. (I) The Lessee is a "governmental unit" within the meaning of Section 141(b)(6) of the Code. (J) The obligations of the Lessee under this Lease are not federally guaranteed within the meaning of Section 149(b) of the Code. (K) This Lease and the Advances to be made pursuant hereto will not reimburse the Lessee for any expenditures incurred prior to the date of this Lease and do not constitute a "refunding issue" as defined in Section 1.150-1(d) of the Regulations, and no part of the proceeds of this Lease or any such Advances will be used to pay or discharge any obligations of the Lessee the interest on which is or purports to be excludable from gross income under the Code or any predecessor provision of law. (L) In compliance with Section 149(e) of the Code relating to information reporting, the Lessee will file or cause to be filed with the Internal Revenue Service Center, Ogden, UT 84201, within fifteen (15) days from the execution of this Lease, IRS Form 8038-G or 8038-GC, as appropriate, reflecting the total aggregate amount of Advances that can be made pursuant to this Lease. (M) None of the proceeds of this Lease or the Advances to be made hereunder will be used directly or indirectly to replace funds of the Lessee used directly or indirectly to acquire obligations at a yield materially higher than the yield on this Lease or otherwise invested in any manner. No portion of the Advances will be made for the purpose of investing such portion at a materially higher yield than the yield on this Lease. (N) Inasmuch as Advances will be made under this Lease only when and to the extent the Lessee reasonably determines, identifies and experiences the need therefor, and will remain outstanding and unpaid only until such time as the Lessee has moneys available to repay the same, the Lessee reasonably expects that (I) the Advances will not be made sooner than necessary: (Il) no proceeds from the Advances will be invested at a yield higher than the yield on this Lease; and (III) the Advances and this Lease will not remain outstanding and unpaid longer than necessary. (O) The Lessee will either (i) spend all of the moneys advanced pursuant to this Lease immediately upon receipt thereof. ~vithout investment, on the portion of the Leased Property that is to be financed thereby: or (ii) invest such moneys at the highest yield allowable and practicable under the circumstances until they are to be spent on the portion of the Leased Property that is to be financed thereby, and track, keep records of, and pay to the United States of America, all rebatable arbitrage pertaining thereto, at the times, in the amounts, in the manner, and to the extent required under Section 148(f) of the Code and the Treasury Regulations promulgated in connection therewith. At least five percent (5%) of the total amount of moneys that are expected to be advanced pursuant to this Lease are reasonably expected to have been expended on the Leased Property within six (6) months from the date of this Lease. All moneys to be advanced pursuant to this Lease are reasonably expected to have been expended on the Leased Property no later than the earlier of: (I) the date twelve (12) months from the date such moneys are advanced; and (II) the date three (3) years from the date of this Lease. (P) This Lease and the Advances to be made hereunder are not and will not be part of a transaction or series of transactions that attempts to circumvent the provisions of Section 148 of the Code and the regulations promulgated in connection therewith (I) enabling the Lessee to exploit the difference between tax-exempt and taxable interest rates to gain a material financial advantage, and (II) overburdening the tax-exempt bond market, as those terms are used in Section 1.148-10(a)(2) of the Regulations. (Q) To the best of the knowledge, information and belief of the Lessee, the above expectations are reasonable. On the basis of the foregoing, it is not expected that the proceeds of this Lease and the Advances to be made hereunder will be used in a manner that would cause this Lease or such Advances to be "arbitrage bonds" under Section 148 of the Code and the regulations promulgated thereunder, and to the best of the knowledge, information and belief of the Lessee, there are no other facts, estimates or circumstances that would materially change the foregoing conclusions. (ii) Arbitra~e Rebate Under Section 148(0 of the Code. With respect to the arbitrage rebate requirements of Section 148(f) of the Code, either (check applicable box): --] (A) Lessee Qualifies for Small Issuer Exemption from Arbitrao~e Rebate: The Lessee hereby certifies and represents that it qualifies for the exception contained in Section 148(f)(4)(D) of the Code from the requirement to rebate arbitrage earnings from investment of proceeds of the Advances made under this Lease (the "Rebate Exemption") as follows: (1) The Lessee has general taxing powers. (2) Neither this Lease, any Advances to be made hereunder, nor any portion thereof are private activity bonds as defined in Section t41 of the Code ("Private Activity Bonds"). (3) Ninety-five percent (95%) or more of the net proceeds of the Advances to be made hereunder are to be used for local government activities of the Lessee (or of a governmental unit. the jurisdiction of which is entirely within the jurisdiction of the Lessee). (4) Neither the Lessee nor any aggregated issuer has issued or is reasonably expected to issue any tax-exempt obligations other than Private Activity Bonds (as those terms are used in Section 148(f)(4)(D) of the Code) during the current calendar year. including the Advances to be made hereunder, which in the aggregate would exceed 55,000.000 in face amount, or $I0,000,000 in face amount for such portions, if any, of any tax-exempt obligations of the Lessee and any aggregated issuer as are attributable to construction of public school facilities within the meaning of Section 148(f)(4)(D)(vii) of the Code. For purposes of this Section, "aggregated issuer" means any entity which (a) issues obligations on behalf of the Lessee, (b) derives its issuing authority from the Lessee, or (c) is subject to substantial control by the Lessee. The Lessee hereby certifies and represents that it has not created, does not intend to create and does not expect to benefit from any entity formed or availed of to avoid the purposes of Section 148(f)(4)(D)(i)(IV) of the Code. Accordingly. the Lessee will qualify for the Rebate Exemption granted to governmental units issuing less than $5,000,000 under Section 148(f)(4)(D) of the Code ($10.000.000 for the financing of public school facilities construction as described above), and the Lessee shall be treated as meeting the requirements of Paragraphs (2) and (3) of Section 148(i') of the Code relating to the required rebate 0I' arbitrage earnings to the United States with respect to this Lease and the Advances to be made hereunder. --] (B) Lessee Will Keep Records of and Will Rebate Arbitraze: The Lessee does not qualify for the small issuer Rebate Exemption described above, and the Lessee hereby certifies and covenants that it will account for. keep the appropriate records of. and pay to the United States. the rebate amount, if any, earned from the investment of gross proceeds of this Lease and the Advances to be made hereunder, at the times, in the amounts, and in the manner prescribed in Section 148(f) of the Code and the applicable Regulations promulgated with respect thereto. (m) Small Issuer Exemption from Bank Nondeductibility Restriction. Based on the following representations of the Lessee, the Lessee hereby designates this Lease and the interest components of the Lease Payments hereunder as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code: (i) this Lease and the Lease Payments hereunder are not private activity bonds within the meaning of Section 141 of the Code: (ii) the Lessee reasonably anticipates that it, together with all "ag~egated issuers." will not issue during the current calendar year obligations (other than those obligations described in clause (iii) below) the interest on which is excluded from gross income for federal income tax purposes under Section 103 of the Code which, when aggregated with this Lease. will exceed an aggregate principal amount of $10,000,000; (iii) and notwithstanding clause (ii) above, the Lessee and its aggregated issuers may have issued in the current calendar year and may continue to issue during the remainder of the current calendar year private activity bonds other than qualified 501(c)(3) bonds as defined in Section 145 of the Code. For purposes of this subsection. "aggregated issuer" means any entity which (a) issues obligations on behalf of the Lessee. (b) derives its issuing authority from the Lessee, or (c) is subject to substantial control by the Lessee. The Lessee hereby certifies and represents that it has not created, does not intend to create and does not expect to benefit from any entity formed or availed of to avoid the purposes of Section 265(b)(3)(C) or (D) of the Code. SECTION 2.2 Representations. Covenants and Warranties of the Bank. The Bank is a national banking association, duly organized, existing and in good standing under and by virtue of the laws of the United States of America, has the power to enter into this Lease, is possessed of full power to own and hold real and personal property, and to lease and sell the same, and has duly authorized the execution and delivery of this Lease. This Lease, constitutes the legal, valid and binding obligation of the Bank, enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting the rights of creditors generally. ARTICLE III AGREEMENT TO LEASE; TEtL*I OF LEASE: LEASE PAYMENTS SECTION 3.1 Lease. The Bank hereby leases the Leased Property to the Lessee, and the Lessee hereby leases the Leased Property from the Bank. upon the terms and conditions set forth herein. Concurrently with its execution of this Lease. the Lessee shall deliver to the Bank fully completed documents sul~stantially in the forms attached hereto as Exhibits B, C and D hereto. SECTION 3.2 Term. The Term of this Lease shall commence on the date of execution of this Lease, including delivery to the Bank by the Lessee of tully completed documents in the forms set forth in Exhibits B. C and D attached hereto, and continue until the end of the fiscal year of Lessee in effect at the Commencement Date (the "Original Term"). Thereafter, this Lease will be extended t'or 5 successive additional periods of one year coextensive with Lessee's fiscal year (each, a "Renewal Term") subject to an Event of Nonappropriation as described herein below in this Section 3.2 and in Section 3.3(a). with the final Renewal Term ending on May 1, 2006, unless this Lease is terminated as hereinafter provided. The Original Term together with all scheduled Renewal Terms shall be referred to herein as the "Scheduled Term" irrespective of whether this Lease is terminated for any reason prior to the scheduled commencement or termination of any Renewal Term as provided herein. If Lessee does not appropriate funds for the payment of Lease Payments due for any Renewal Term in the adopted budget of the Lessee for the applicable fiscal year (an "Event of Nonappropriation"), this Lease will terminate upon the expiration of the Original or Renewal Term then in effect and Lessee shall notify Bank of such termination at least ten (I0) days prior to the expiration of the Original or Renewal Term then in effect. SECTION 3.3 Termination. This Lease will terminate upon the earliest of any of the following events: (a) upon the expiration of the Original Term or any Renewal Term of this Lease following an Event of Nonappropriation: (b) the exercise by Lessee of any option to purchase g-ranted in this Lease by which Lessee purchases all of the Leased Property: (c) herein; or a default by Lessee and Bank's election to terminate this Lease under Article VI] (d) the expiration of the Scheduled Term of this Lease, the Lessee having made payment of all Lease Payments accrued to such date. SECTION 3.4 Lease Payments (a) Time and Amount. During the Term of this Lease and so long as this Lease has not terminated pursuant to Section 3.3, the Lessee agrees to pay to the Bank, its successors and assigns, as annual rental for the use and possession of the Leased Property, the Lease Payments (denominated into components of principal and interest) in the amounts specified in Exhibit A. to be due and payable in arrears on each payment date identified in Exhibit A (or if such day is not a Business Day, the next succeeding Business Day) specified in Exhibit A (the "Lease Payment Date"). (b) Rate on Overdue Payments. In the event the Lessee should fail to make any of the Lease Payments required in this Section, the Lease Payment in default shall continue as an obligation of the Lessee until the amount in default shall have been fully paid. and the Lessee agrees to pay the same with interest thereon, to the extent permitted by law, from the date such amount was originally payable at the rate equal to the original interest rate payable wi,th respect to such Lease Payments. 10 (c) Additional Payments. Any additional payments required to be made by the Lessee hereunder, including but not limited to Sections 4.1 ~.., and 7.4 of this Lease, shall constitute additional rental for the Leased Property'. SECTION 3.5 Possession of Leased Property Upon Termination. Upon termination of this Lease pursuant to Sections 3.3(a) or 3.3(c), the Lessee shall transfer the Leased Property to the Bank in such manner as may be specified by the Bank. and the Bank shall have the right to take possession of the Leased Property by virtue of the Bank's ownership interest as lessor of the Leased Property, and the Lessee at the Bank's direction shall ship the Leased Property to the destination designated by the Bank by loading the Leased Property at the Lessee's cost and expense, on board such carrier as the Bank shall specify. SECTION 3.6 No Withholding. Notwithstanding any dispute between the Bank and the Lessee. including a dispute as to the failure of any portion of the Leased Property in use by or possession of the Lessee to perform the task for which it is leased, the Lessee shall make all Lease Payments when due and shall not withhold any Lease Payments pending the final resolution of such dispute. SECTION 3.7 Lease Payments to Constitute a Current Oblization of the Lessee. Notwithstanding any other provision of this Lease, the Lessee and the Bank acknowledge and agree that the obligation of the Lessee to pay Lease Payments hereunder constitutes a current special obligation of the Lessee payable exclusively from current and legally available funds and shall not in any way be construed to be an indebtedness of the Lessee within the meaning of any constitutional or statutory limitation or requirement applicable to the Lessee concerning the creation of indebtedness. The Lessee has not hereby pledged the general tax revenues or credit of the Lessee to the payment of the Lease Payments, or the interest thereon, nor shall this Lease obligate the Lessee to apply money of the Lessee to the payment of Lease Payments beyond the then current Original Term or Renewal Term, as the case may be, or any interest thereon. SECTION 3.8 Net Lease. This Lease shall be deemed and construed to be a "net lease" and the Lessee hereby agrees that the Lease Payments shall be an absolute net return to the Bank, free and clear of any expenses, charges or set-offs whatsoever, except as expressly provided herein. SECTION 3.9 Offset. Lease Payments or other sums payable by Lessee pursuant to this Lease shall not be subject to set-off, deduction, counterclaim or abatement and Lessee shall not be entitled to any credit against such Lease Payments or other sums for any reason whatsoever, including, but not limited to: (i) any accident or unforeseen circumstances; (ii) any damage or destruction of the Leased Property or any part thereof; (iii) any restriction or interference with Lessee's use of the Leased Property; (iv) any defects, breakdowns, malfunctions, or unsuitability of the Leased Property or any part thereof; or (v) any dispute between the Lessee and the Bank, any vendor or manufacturer of any part of the Leased Property, or any other person. ARTICLE IV INSURANCE SECTION 4.1 Insurance. Lessee, at Bank's option, will either self insure, or at Lessee's cost, will cause casualty insurance, public liability insurance, and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property). and to be in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self-insurance and policies of insurance may be utilized. If policies of insurance are obtained. Lessee will cause Bank to be the named insured on Il such policies as its interest under this Lease may appear. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts t¥om self-insurance as relating to casualty and property damage losses will. to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8. I. Lessee will deliver to Bank the policies or evidences of insurance satisfactory to Bank, if any, together with receipts for the initial premiums before the Leased Property is delivered to Lessee. Renewal policies, if any together with receipts showing payment of the applicable premiums will be delivered to Bank at least thirty (30) days before termination of the policies being renewed. By endorsement upon the policy or by independent instrument furnished to Bank. such insurer will a~ee that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry, workmen's compensation insurance covering all employees working on, in. or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease. SECTION 4.2 Damage to or Destruction of the Leased Property. If all or any part of the Leased Property is lost, stolen, destroyed, or damaged, Lessee will give Bank prompt notice of such event and will, to the extent permitted by law, repair or replace the same at Lessee's cost. If such lost. stolen, destroyed or damaged Leased Property is equipment, it shall be repaired or replaced within thin,,' (30) days after such event. If such lost, stolen, destroyed or damaged Leased Property is other than equipment, it shall be repaired or replaced within one hundred eighty (180) days after such event. Any replaced Leased Property will be substituted in this Lease by appropriate endorsement. All insurance proceeds received by Bank under the policies required under Section 4.1 with respect to the Leased Property lost. stolen, destroyed, or damaged, will be paid to Lessee if the Leased Property is repaired or replaced by Lessee as required by this Section. If Lessee fails or refuses to make the required repairs or replacement, such proceeds will be paid to Bank to the extent of the then remaining portion of the Lease Payments to become due during the Scheduled Term of this Lease less that portion of such Lease Payments attributable to interest which will not then have accrued as provided in Section 8.1. No loss. theft, destruction, or damage to the Leased Property will impose any obligation on Bank under this Lease, and this Lease will continue in full force and effect regardless of such loss, theft, destruction, or damage. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss, theft, destruction, or damage to the Leased Property and for injuries or deaths of persons and damage to property however arising, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such damage to property be to Lessee's property or to the property of others. ARTICLE V COVENANTS SECTION 5.1 Use of the Leased Property. The Lessee represents and warrants that it has an immediate and essential need for the Leased Property to carry out and give effect to the public purposes of the Lessee, which need is not temporary or expected to diminish in the foreseeable future, and that it expects to make immediate use of all of the Leased Property. 12 The Lessee hereby covenants that it will install, use. operate, maintain, and service the Leased Property in accordance vith all vendors' instructions and in such a manner as to preserve all warranties and ~arantees with respect to the Leased Property. The Lessor hereby assigns to the Lessee, without recourse, for the Term of this Lease. all manufacturer warranties and guaranties, express or implied, pertinent to the Leased Property, and the Lessor directs the Lessee to obtain the customary services furnished in connection with such warranties and ~aranties at the Lessee's expense; provided, however, that the Lessee hereby agrees that it will reassign to the Lessor all such warranties and guaranties in the event of termination of this Lease pursuant to Sections 3.3(a) or 3.3(c). SECTION 5.2 Interest in the Leased Property and this Lease. Upon expiration of the Term as provided in Section 3.3(b) or 3.3(d) hereof, all right, title and interest of the Bank in and to all of the Leased Property shall be transferred to and vest in the Lessee, without the necessity of any additional document of transfer. SECTION 5.3 Maintenance, Utilities, Taxes and Assessments. (a) Maintenance: Repair and Replacement. Throughout the Term of this Lease. as part of the consideration for the rental of the Leased Property, all repair and maintenance of the Leased Property shall be the responsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Leased Property excepting ordinary. wear and tear, and the Lessee hereby covenants and a~ees that it will comply with all vendors' and manufacturers' maintenance and warranty requirements pertaining to the Leased Property. In exchange for the Lease Payments herein provided, the Bank agees to provide only the Leased Property, as hereinbefore more specifically set forth. (b) Tax and Assessments: Utility Charo~es. The Lessee shall also pay or cause to be paid all taxes and assessments, including but not limited to utility charges, of any type or nature charged to the Lessee or levied, assessed or charged against any portion of the Leased Property or the respective interests or estates therein: provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as and when the same become due. (c) Contests. The Lessee may, at its expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom; provided that prior to such nonpayment it shall furnish the Bank with the opinion of an independent counsel acceptable to the Bank to the effect that, by nonpayment of any such items, the interest of the Bank in such portion of the Leased Property will not be materially endangered and that the Leased Property will not be subject to loss or forfeiture. Otherwise, the Lessee shall promptly pay such taxes, assessments or charges or make provisions for the payment thereof in form satisfactory to the Bank. SECTION 5.4 Modification of the Leased Property. (a) Additions. Modifications and Improvements. The Lessee shall, at its own expense, have the right to make additions, modifications, and improvements to any portion of the Leased Property if such improvements are necessary or beneficial for the use of such portion of the Leased Property. All such additions, modifications and improvements shall thereafter comprise part of the Leased Property and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage any portion of the Leased Property or cause it to be 13 used for purposes other than those authorized under the pro~'isions of State and federal law or in any way which would impair the exclusion from gross income for federal income tax purposes of the interest components of the Lease Payments: and the Leased Property. upon completion of any additions, modifications and improvements made pursuant to this Section. shall be of a value which is not substantially less than the value of the Leased Property immediately prior to the making of such additions, modifications and improvements. (b) No Liens. Except for Permitted Encumbrances, the Lessee will not permit (i) any liens or encumbrances to be established or remain against the Leased Property or (ii) any mechanic's or other lien to be established or remain against the Leased Property for labor or materials furnished in connection with any additions, modifications or improvements made by the Lessee pursuant to this Section; provided that if any such mechanic's lien is established and the Lessee shall first notify or cause to be notified the Bank of the Lessee's intention to do so. the Lessee may in good faith contest any lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom and shall provide the Bank with full security against any loss or forfeiture which might arise from the nonpayment of any such item, in form satisfactory to the Bank. The Bank will cooperate fully in any such contest. SECTION 5.5 Permits. The Lessee will provide all permits and licenses necessary for the ownership, possession, operation, and use of the Leased Property. and will comply with all laws, rules, re~lations, and ordinances applicable to such ownership, possession, operation, and use. If compliance with any law, rule, regulation, ordinance, permit, or license requires changes or additions to be made to the Leased Property. such changes or additions will be made by the Lessee at its own expense. SECTION 5.6 Bank's Right to Perform for Lessee. If the Lessee fails to make any payment or to satisfy any representation, covenant, warranty, or obligation contained herein or imposed hereby, the Bank may (but need not) make such payment or satisfy such representation, covenant, warranty, or obligation, and the amount of such payment and the expense of any such action incurred by the Bank, as the case may be, will be deemed to be additional rent payable by the Lessee on the Bank's demand. SECTION 5.7 Bank's Disclaimer of Warranties. The Bank has played no part in the selection of the Leased Property, the Lessee having selected the Leased Property independently from the Bank. The Bank. at the Lessee's request, has acquired or arranged for the acquisition of the Leased Property and shall lease the same to the Lessee as herein provided, the Bank's only role being the facilitation of the financing of the Leased Property for the Lessee. THE BANK MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE LESSEE OF THE LEASED PROPERTY, OR ANY PORTION THEREOF. THE LESSEE ACKNOWLEDGES THAT THE BANK IS NOT A MANUFACTURER OR VENDOR OF ALL OR ANY PORTION OF THE LEASED PROPERTY, AND THAT THE LESSEE IS LEASING THE LEASED PROPERTY AS IS. In no event shall the Bank be liable for incidental, direct, indirect, special or consequential damages, in connection with or arising out of this Lease, for the existence, furnishing, functioning or Lessee's use and possession of the Leased Property. SECTION 5.8 Indemnification. To the extent permitted by applicable la~v. the Lessee hereby agrees to indemnify and hold harmless the Bank. its directors, officers, shareholders, employees, agents, and successors from and against any loss, claim, damage, expense, and liability resulting from or attributable to the acquisition, construction, or use of the Leased Property. Notwithstanding the foregoing, the Bank shall not be indemnified for any liability resulting from the gross negligence or willful misconduct of the Bank. 14 SECTION 5.9. Inclusion for Consideration as Budget Item. During the Term of this Lease, the Lessee covenants and agrees that it shall give due consideration, in accordunce with applicable law, as an item for expenditure dunng its annual budget considerations, of an amount necessary, to pay Lease Payments for the Leased Property during the next succeeding Renewal Term. Nothing herein shall be construed to direct or require that Lessee take or direct that any legislative act be done. or that the Governing Body of Lessee improperly or unlawfully delegate any of its legislative authority. SECTION 5.10. Annual Financial Information. During the Term of this Lease, the Lessee covenants and agrees to provide the Bank as soon as practicable when they are available: (i) a copy of the Lessee's final annual budget for each fiscal year; (ii) a copy of the Lessee's most recent financial statements: and (iii) any other financial reports the Bank may request from time to time. ARTICLE VI ASSIGNMENT AND SUBLEASING SECTION 6.1 Assignment by the Bank. The parties hereto agree that all fights of Bank hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part, provided that notice of any such assignment, transfer or other disposition is given to Lessee at least five (5) days prior thereto. SECTION 6.2 Assi,e:nment and Subleasing by the Lessee. The Lessee may not assign this Lease or sublease all or any portion of the Leased Property unless both of the following shall have occurred: (i) the Bank shall have consented to such assignment or sublease: and (ii) the Bank shall have received assurance acceptable to the Bank that such assignment or sublease: (A) is authorized under applicable state law, (BI will not adversely affect the validity of this Lease, and (C) will not adversely affect the exclusion from gross income for federal income tax purposes of the interest components of the Lease Payments. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES SECTION 7.1 Events of Default Defined. The following shall be "events of default" under this Lease and the terms "events of default" and "default" shall mean, whenever they are used in this Lease, any one or more of the following events: (a) Payment Default. Failure by the Lessee to pay any Lease Payment required to be paid hereunder by the corresponding Lease Payment Date. (b) Covenant Default. Failure by the Lessee to observe and perform any warranty, covenant, condition or agreement on its part to be observed or performed herein or otherwise with respect hereto other than as referred to in clause (a) of this Section, for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the Lessee by the Bank; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Bank shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Lessee within the applicable period and diligently pursued until the default is corrected. (c) Bankruptcy or Insolvency. The filing by the Lessee of a case in bankruptcy, or the subjection of any fight or interest of the Lessee under this Lease to any execution, garnishment or attachment, or adjudication of the Lessee as a bankrupt, or assignment by the Lessee for the benefit 15 of creditors, or the entry by the Lessee into an agreement of composition with creditors, or the approval by a court 0f competent junsdicti0n 0f a petition applicable to the Lessee in any proceedings instituted under the provisions of the federal bankruptcy code, as amended, or under any similar act which may hereafter be enacted. The foregoing provisions of this Section 7. I are subject to the provisions of Section 3.2 hereof with respect to nonappropriation. SECTION 7.2 Remedies on Default. Whenever any event of default referred to in Section 7.1 hereof shall have happened and be continuing, the Bank shall have the right, at its sole option without any further demand or notice to take one or any combination of the following remedial steps: (a) take possession of the Leased Property by virtue of the Bank's ownership interest as lessor of the Leased Property; (b) hold the Lessee liable for the difference bet~veen (i) the rents and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term, as appropriate, and (ii) the rent paid by a lessee of the Leased Property pursuant to such lease: and (c) take whatever action at laxv or in equity may appear necessa~ or desirable to enforce its right hereunder. SECTION 7.3 No Remedy Exclusive. No remedy conferred herein upon or reserved to the Bank is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Bank to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article or by law. SECTION 7.4 A~eement to Pay Attorneys' Fees and Expenses. In the event either party to this Lease should default under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party contained herein, the defaulting party agrees that it will pay on demand to the nondefaulting party the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party. SECTION 7.5 Waiver of Certain Damazes. With respect to all of the remedies provided for in this Article VII, the Lessee hereby waives any damages occasioned by the Bank's repossession of the Leased Property upon an event of default. ARTICLE VIII PREPAYMENT OF LEASE PAYMENTS laN' PART SECTION 8.1 Extraordina~ Prepayment From Net Proceeds. To the extent, if any. required pursuant to Section 4.1 the Lessee shall be obligated to purchase the Leased Property by prepaying the Lease Payments in whole or in part on any date. from and to the extent of any Net Proceeds or other moneys pursuant to Article IV hereof. The Lessee and the Bank hereby agree that in the case of such prepayment of 16 the Lease Payments in part. such Net Proceeds or other moneys shall be credited toward the Lessee's obligations hereunder pro rata among Lease Payments so that following prepayment, thc remaining annual Lease Payments will be proportional to the initial annual Lease Payments. SECTION 8.2 Option to Purchase Leased Property Subject to the terms and conditions of this Section. the Bank hereby grants an option to the Lessee to purchase all or a portion of the Leased Property by paying on any date a price equal to the portion of the outstanding principal component of the Lease Payments that is allocable to such portion of the Leased Property that is being so purchased, without premium, plus the accrued interest component of such portion of the Lease Payments to such payment date. To exercise this option, the Lessee must deliver to the Bank written notice specifying the date on which the Leased Property is to be purchased (the "Closing Date"), which notice must be delivered to the Bank at least thirty (30) days prior to the Closing Date specified therein. The Lessee may purchase the Leased Property pursuant to the option granted in this Section only if the Lessee has made all Lease Payments when due (or has remedied any defaults in the payment of Lease Payments, in accordance with the provisions of this Lease) and all other warranties, representations, covenants, and obligations of the Lessee under this Lease have been satisfied (or all breaches thereof have been waived by the Bank in writing). Upon the expiration of the Scheduled Term of this Lease and provided that all conditions of the immediately preceding paragraph have been satisfied (except those pertaining to notice), the Lessee shall be deemed to have purchased the Leased Property (without the need for payment of additional moneys) and shall be vested with all rights and title to the Leased Property. ARTICLE IX MISCELLANEOUS SECTION 9.1 Notices. Unless otherwise specifically provided herein, all notices shall be in writing addressed to the respective party as set forth below (or to such other address as the party to whom such notice is intended shall have previously designated by written notice to the serving party), and may be personally served, telecopied, or sent by overnight courier service or United States mail: If to Bank: If to the Lessee: Zions First National Bank Investment Division Gateway Tower East, Thirteenth Floor Salt Lake City, Utah 84133 Attention: Robert Howell City of Mound 5341 Maywood Road Mound, MN 55364 Attention: Gino Businaro Such notices shall be deemed to have been given: (a) if delivered in person, when delivered; (b) if delivered by telecopy, on the date of transmission if transmitted by 4:00 p.m. (Salt Lake City time) on a Business Day or, if not, on the next succeeding Business Day; (c) if delivered by overnight courier, two Business Days after delivery to such courier properly addressed: or (d) if by United States mail, four Business Days after depositing in the United States mail, postage prepaid and properly addressed. SECTION 9.2 System of Registration. The Lessee shall be the Registrar for this Lease and the fights to payments hereunder. The Bank shall be the initial Registered Owner of fights to receive payments hereunder. If the Bank transfers its rights to receive payments hereunder, the Registrar shall note on this Lease the name and address of the transferee. SECTION 9.3 Instruments of Further Assurance. To the extent, if any, that the Bank's interest in the Leased Property as Lessor under this Lease is deemed to be a security interest in the Leased Property, then the Lessee shall be deerned to have granted, and in such event the Lessee does 17 hereby grant, a security interest in the Leased Property to the Bank, which security interest includes proceeds, and this Lease shall constitute a security agreement under applicable law. Concurrently with the execution of this Lease, the Lessee has executed, delivered, and filed and/or recorded all financing statements, UCC forms, mortgages, deeds of trust, notices, filings, and/or other instruments, in form required for filing and/or recording thereof, as are required under applicable la~v to t'ully perfect such security interest of the Bank in the Leased Property (collectively, "Security Documents"). Attached hereto as Exhibit E are copies of all such Security Documents. The Lessee will do, execute, acknowledge, deliver and record, or cause to be done, executed, acknowledged, delivered and recorded, such additional acts, notices, filings and instruments as the Bank may require in its sole discretion to evidence, reflect and perfect the title, ownership, leasehold interest, security interest and/or other interest of the Bank in and to any part or all of the Leased Property, promptly upon the request of the Bank. SECTION 9.4 Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Bank and the Lessee and their respective successors and assi~s. SECTION 9..5 Amendments. This Lease may be amended or modified only upon the written agreement of both the Bank and the Lessee. SECTION 9.6 Section Headines. Section headings are for reference only. and shall not be used to interpret this Lease. SECTION 9.7 Severabilitv.. In the event any provision of this Lease shall be held invalid or unenforceable by a court of competent jurisdiction, to the extent permitted by la~v, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 9.8 Entire Azreement. This Lease and the attached Exhibits constitute the entire agreement between the Bank and the Lessee and supersedes any prior agreement between the Bank and the Lessee with respect to the Leased Property, except as is set forth in an Addendum, if any, which is made a part of this Lease and which is signed by both the Bank and the Lessee. SECTION 9.9 Execution in Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.10 Arbitration. To the extent permitted by law, any dispute, controversy or claim arising out of or based upon the terms of this Lease or the transactions contemplated hereby shall be settled exclusively and finally by binding arbitration. Upon written demand for arbitration by any party hereto, the parties to the dispute shall confer and attempt in good faith to a~ee upon one arbitrator. If the parties have not agreed upon an arbitrator within thirty (30) days after receipt of such written demand, each party to the dispute shall appoint one arbitrator and those two arbitrators shall agree upon a third arbitrator. Any arbitrator or arbitrators appointed as provided in this section shall be selected from panels maintained by, and the binding arbitration shall be conducted in accordance with the commercial arbitration rules of, the American Arbitration Association (or any successor organization), and such arbitration shall be binding upon the parties. The arbitrator or arbitrators shall have no power to add or detract from the agreements of the parties and may not make any ruling or award that does not conform to the terms and conditions of this Lease. The arbitrator or arbitrators shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages. Judgment upon an arbitration award may be entered in any court having jurisdiction. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees and expert witness costs and expenses, unless the arbitrator or arbitrators shall for good cause determine otherwise. SECTION 9.11 Applicable Law . This Agreement shall be governed by and construed in accordance with the laws of the State. 15 IN WITNESS WHEREOF. the Bank has caused this Lease to be executed in its name by its duly authorized officer, and the Lessee has caused this Lease to be executed in its name by its duly authorized officer, as of the date first above written. ZIONS FIRST NATIONAL BANK, as Lessor By Authorized Officer CITY OF MOUND, as Lessee By: Mayor Title By: City Clerk Attest: 19 EXHIBIT A FIXED RATE LEASE PAYMENT DEBT SERVICE SCHEDULE* 1. Interest. Interest components payable on the principal amount outstanding have been computed at the rate of 4.80 percent ( 4.80 %) per annum calculated based on actual number of days elapsed during a 360 day year (the "Stated Interest Rate"); provided, however, that in the event: (A) the Lease to which this Exhibit is attached and the Lessee's payment obligations thereunder do not constitute a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); (B) the interest components thereof do not qualify for exclusion from goss income of the owner thereof for federal income tax purposes under Section 103 of the Code; (C) the combined federal and state corporate income tax rate applicable to the Bank is less than 25%: or (D) revisions in the federal tax laws, including without limitation the adoption of a fiat tax or a modified fiat tax, result in the Bank's losing 50% or more of its tax benefit in owning the Lease. then the interest components shall be increased payable at the rate equal to the sum of: (I) the Stated Interest Rate described above: plus (ii) zero percentage points (0%). 2. Payment Dates and Amounts. Payment Date Principal Component Interest Component [See Attached Schedule of Payments] Total Lease Payment *The attached Lease Payment Debt Service Schedule is pro forma only, based upon an assumed funding date[s], and shall be replaced by a final Lease Payment Debt Service Schedule that will be attached to this Schedule A, and that is completed using the same interest rate shown above, and principal components as close as practicable to those shown above, based upon the actual funding date[s], so that the Lessee incurs interest only on funds as they are actually received by the Lessee under the Lease. 04 -02-01 Ci Mound Loan Amount: $ 30,000.00 Term of Loan: 10 Amortization Method: Normal, 360 D/Y Loan Date: Annual Interest Rate: Interest Compounded: PMT Due Date Payment Amount Interest Principal 1 11-01-01 2001 totals 2 05-01-02 3 11-01-02 2002 totals 4 05-'01-03 5 11-01-03 2003 totals 01-04 11-01-04 2004 totals 8 05-01-05 9 11-01-05 2005 totals 10 05-01-06 2006 totals Grand totals 3,419.62 806.02 2,613.60 3,419.62 806.02 2,613.60 3,419.62 657.27 2,762.35 3,419.62 590.98 2,828.64 6,839.24 1,248.25 5,590.99 3,419.62 523.09 2,896.53 3,419.62 453.57 2,966.05 6,839.24 976.66 5,862.58 3,419.62 382.39 3,037.23 3,419.62 309.49 3,110.13 6,839.24 691.88 6,147.36 3,419.62 234.85 3,184.77 3,419.62 158.42 3,261.20 6,839.24 393.27 6,445.97 3,419.65 80.15 3,339.50 3,419.65 80.15 3,339.50 $ 34,196.23 $ 4,196.23 $ 30,000.00 04 10-20~ 4.800 % Semi-Annual Balance 27,386.40 24,624.05 21,795.41 18,898.88 15,932.83 12,895.60 9,785.47 6,600.70 3,339.50 0.00 EXHIBIT B DESCRIPTION OF THE LEASED PROPERTY Copier B-I EXHIBIT C RESOLUTION OF GOVEILN'ING BODY A resolution approving the form of the Lease/Purchase Agreement ~vith Zions First National Bank, Salt Lake City, Utah and authorizing the execution and delivery thereof. Whereas. City Council (the "Governing Body") has determined that the leasing of the property described in the Lease/Purchase A~eement (the "Lease/Purchase Ag'reement") presented at this meeting is for a valid public purpose and is essential to the operations of City of Mound (the "Lessee"); and Whereas, the Governing Body has reviewed the form of the Lease/Purchase Agreement and has found the terms and conditions thereof acceptable to the Lessee: and Whereas. either there are no legal bidding requirements under applicable law to arrange for the leasing of such property under the Lease/Purchase Agreement. or the Governing Body has taken the steps necessary to comply with the same with respect to the Lease/Purchase Agreement: and Be it resolved by the Governing Body of City of Mound as follows: SECTION 1. The terms of said Lease/Purchase Agreement are in the best interests of the Lessee for the leasing of the property described therein. SECTION 2. The appropriate officers and officials of the Lessee are hereby authorized and directed to execute and deliver the Lease/Purchase Agreement in substantially the form presented to this meeting and any related documents and certificates necessary to the consummation of the transactions contemplated by the Lease/Purchase Agreement for and on behalf of the Lessee. The officers and officials of the Lessee may make such changes to the Lease/Purchase Agreement and related documents and certificates as such officers and officials deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. The officers and officials of the Governing Body and the Lessee are hereby authorized and directed to fulfill all obligations under the terms of the Lease/Purchase Agreement. C-I Adopted and approved this 10th day of April, 2001. By Print Name Title Pat Meisel Mayor Attest: By Print Name Title Bonnie Ritter City Clerk C-2 STATE OF MINNESOTA COUNTY OF HENNEPIN I, Bonnie Ritter hereby certify that I am the duly qualified and acting City Clerk of City of Mound (the "Lessee"). I further certify that the above and foregoing instrument constitutes a true and correct copy of the minutes of a regular meeting of the governing body including a Resolution adopted at said meeting held on April 10, 2001, as said minutes and Resolution are officially of record in my possession, and that a copy of said Resolution was deposited in my office on April 10, 2001. In witness whereof I have hereunto set my hand on behalf of the Lessee this 10th day of April, 2001. By Print Name Bonnie Ritter Title City Clerk EXHIBIT D Opinion of Lessee's Counsel To: Zions First National Bank One South Main Street Salt Lake City, Utah 84111 Gentlemen: As counsel for City of Mound ("Lessee"), I have examined duly executed originals of the Lease/Purchase Ageement (the "Lease") dated this 10th day of April, 2001, between the Lessee and Zions First National Bank, Salt Lake City, Utah ("Bank"), and the proceedings taken by Lessee to authorize and execute the Lease (the "Proceedings"). Based upon snch examination as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a body corporate and politic, legally existing under the laws of the State of Minnesota (the "State"). 2. The Lease and the Proceedings have been duly adopted, authorized, executed, and delivered by Lessee. and do not require the seal of Lessee to be effective, valid, legal, or bindiug. 3. The governing body of Lessee has complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which the Proceedings were adopted and the Lessee's execution of the Lease was authorized. 4. The Lease is a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms except as limited by the state and federal laws affecting remedies and by bankruptcy, reorganization, or other laws of general application affecting the enforcement of creditor's rights generally. 5. Either there are no usury laws of the State applicable to the Lease, or the Lease is in accordance with and does not violate all such usury laws as may be applicable. 6. Either there are no procurement or public bidding laws of the State applicable to the acquisition and leasing of the Leased Properly (as defined in the Lease) from the Bank under the Lease, or the acquisition and leasing of the Leased Properly from the Bank under the Lease comply with all such procurement and public bidding laws as may be applicable. 7. There are no legal or governmental proceedings or litigation pending or. to the best of my knowledge, threatened or contemplated (or any basis therefor) wherein an unfavorable decision, ruling or finding might adversely affect the transactions contemplated in or the validity of the Lease. 8. The adoption, execution and/or delivery of the Lease and the Proceedings. and the compliance by the Lessee with their provisions, will not conflict with or constitute a breach of or default under any court decree or order or any a~eement, indenture, lease or other instrument or any existing law or administrative regulation, decree or order to which the Lessee is subject or by which the Lessee is or may be bound Attorney for Lessee EXHIBIT E SECURITY DOCUMENTS [Attach Security Documents here] E-1 2415 Wiishire Bh,'d. Mound, Minnesota 55364 MOUND FIRE DEPARTMENT ANNUAL REPORT 2000 INTRODUCTION The year 2000 was another successful year for the Mound Fire Department. Fire and rescue call responses were less than previous years; however, the overall time commitment and activity level for firefighters remains high. Membership of the department remains at a full compliment of firefighters although the experience level is slightly lower than the recent pass. Apparatus, equipment, and facility have been well maintained including some major repairs to fire trucks and fire station. The expenses for fire service to Mound and the surrounding communities continue to be a "Good Value" for our citizens. The Fire Department expenditures were under budget for the year 2000. ORGANIZATION - MEMERSHIP Some of the key issues related to the organization (Refer to Attachment A) and membership are: · 4 companies within fire department to meet ISO rating. · 4 qualified and experienced captains. · 37 well trained committed firefighters. · 6 new members within last 12 months. · Membership level is full. · 60% of members have less than 10 years of service. · 27% of members have less than 3 years of service. THE NUMBERS Fire and rescue calls were down (Refer to Attachment B) from previous years. Total Fire rescue calls were 630 for the year 2000 with a total of 12,202 personnel hours. The area fire fund budgeted amount for 2000 was $ 411,520 with expenditures of $ 381,784 or 92.77% of budget. FACILITIES - APPARATUS - EQUIPMENT Several major repair and maintenance projects were completed in the year 2000 including: · Roof replacement on approximately one half of fire station due to leaks in roof. · Painting of outside fire station. · One new 200,000 BTU hanging furnace installed (free). · Repair- Rebuild of 1981 Sutphen Ladder Truck Hydraulics. · Rebuild of pump in Unit # 18 - Pumper Engine # 12. Some new items added: · DNR Gamma Goat Grass Rig # 27 with pump. · Extraction tools and power supply- Holmatro · 1999 Ford F 250 Crew Cab Pickup Truck. · Emergency Operations Generator for fire station. MAJOR ACCOMPLISHMENTS Many good things were accomplished in the year 2000 with the following items being key: · Training - Training- Training · Introduction of, and successful implementation of our new firefighters agility test. · Completion of the new requirements to meet OSHA standards - mask fit testing, annual health screening. · Formation of committees within fire department and success of rescue call reduction committee. · Maintaining a full compliment of 37 firefighters - losing 6 members and hiring and training 6 new members. · Changing By-Laws to allow more firefighter flexibility on fire rescue response requirements. RETIRING MEMBERS NEW MEMBERS Mike Savage -20 years Brett Niccum - 10+ years Randy Engelhart - 10+ years James Nelson - 9+ years Scot Alden Brian Berent Kris Forsman Rod Stevens John Horoshak Rich Todd SUM MARY The list of challenges or opportunities for the volunteer fire service continues to get longer. The mandated training requirements, trend of utilizing fire departments for all types of emergencies, and the general fire rescue training requirements puts a huge strain on volunteer firefighters. The Mound Fire Department continues to be successful in maintaining a full staff and will continue to operate at the current high level of service while attempting to balance all of these issues. In closing I should mention the five-year plan of the Mound Fire Department, which includes several major issues for the future. These issues include several major purchases including several fire apparatus, 800 MHz Radio Project, addition to or new fire station facility, and a full time paid Fire Inspector or Chief. Please take some time to review the enclosed information packets. It is a privilege and honor for the 37 members of the Mound Fire Department to serve the citizens of Mound, Spring Park, Minnetrista, Orono, Minnetonka Beach, and Shorewood. Call us if you need us! Respectfully, Mound Fire Chief Special Note: Mark your calendars now for the 50th Annual MFD Fish Fry June 2, 2001, featuring the "White Side Walls". Please join us! Attachment A & B MOUND FIRE DEPARTMENT ANNUAL REPORT 2000 APRIL 10, 2001 Attachment A Depa ment 2415 Wilshire Boulevard Mound, MN 55364 952/472-3555 Fax: 952/472-3775 Gregory S. Pederson Fire Chief Dan Grady Assistant Chief Michael Palm Fire Marshal HISTORY & BACKGROUND The Mound Volunteer Fire Department was established in 1923 to serve the growing community and surrounding area. Over the years, the number of people MFD serves and protects has grown to approximately 29,000 in 1999. MFD has a proud tradition of excellence in service and activity among the communities in our fire service area. Currently there are 37 active firefighters on the MFD, with several applicants for any positions that might open or be added. Among the firefighters currently in force there is a combined 347 years of service and experience to the Mound Fire Service Area. The people dedicated to giving their time as firefighters invest a large portion of their lives to the responsibility of protecting their community. All members of the MFD have primary occupations outside the fire department, yet they spend an average of 75 hours each month in fire service, drills and training, and maintenance of the apparatus and station. MFD provides not only firefighting, but also medical rescue response, auto extrication, water and ice rescue, and fire prevention. Included in the occupations of our volunteer personnel are two paramedics, one emergency room physician, and a nurse. MFD is also keeping pace with the new OSHA requirements for training and physical fitness. Insurance Services Organization, the company that rates fire departments based on their training, apparatus, water supply, and market value of the fire service area, has given MFD a rating of 4. ISO rates departments from 1 to 10, the lower the rating the more capable the fire department. This rating affects the fire insurance premiums paid by homeowners and businesses; the premium decrease for businesses is very significant for each rating level. MFD has the lowest, and therefore the best, ISO rating among the seven fire departments used in the attached comparison charts. For over 75 years, Mound Fire Department has provided exceptional service to the communities it assists. Finding and keeping quality firefighters on a volunteer basis has proved to be difficult at best for most departments, however MFD continues to stay in stdde with the growth and development of its Fire Service Area due to the high level of dedication among its members. MFD Election for 2001 Fire Chief Asst. Chief Secretary Treasurer Board Member Board Member Board Member Greg Pederson Dan Grady Rick Williams Ron Stallman Tim Williams Dennis Woytcke Greg Palm Relief Association Election 2001 President Vice President Secretary Treasurer Board Member Board Member Board Member Jeff Andersen Steve Erickson Kevin Grady Paul Babb Ron Stallman Greg Pederson Darren Poikonen MFD Auxiliary Election 2001 President Vice President Secretary Treasurer Lisa Williams Nikki Vanecek Meg Jakubik Linda Flaig 1/12101 Chain Of Command Chief 1 Chief 2 Captain 11 Captain 12 Captain 14 Captain 15 Lieutenant 11 Lieutenant 12 Lieutenant 14 Lieutenant 15 Most Senior Firefighter Fire Marshall 1 Fire Marshall 2 Greg Pederson Dan Grady Jeff Andersen Greg Palm Rick Williams Kevin Sipprell David Boyd Tim Palm Ed Vanecek Dennis Woytcke Mike Palm Tim Palm Officers & Companies Engine Co. 1 Capt. 11 Lt. 12 Jeff Andersen Tim Palm Jim Casey Paul Henry Scott Bryce Kevin Grady Tim Williams Matt Hentges Rich Rogers Engine Co. 2 Capt. 14 Lt. 11 Rick Williams David Boyd Ron Stallman Bob Crawford Chris Pounder Roger Kryck John Larson Tony Myers Pat Hanley Rescue Co. 1 Capt. 15 Lt. 14 Kevin Sipprell Ed Vanecek Paul Babb Bruce Gustafson Jason Maas Matt Jakubik Kevin Flaig Darren Poikonen Chief 1: Chief 2: Greg Pederson Dan Grady Training Officer: Fire Marshal: Matt Jakubik Mike Palm (*maintenance group only) Ladder Co. 1 Capt. 12 Lt. 15 Greg Palm Dennis Woytcke Brian Berent Scot Alden Kris Forsman John Horoshak Rod Stevens Richard Todd * Mike Palm MOUND FIRE DEPARTMENT Seniority List START NAME DATE DAVID BOYD 2/3/1975 GREG PEDERSON 2/3/1975 SCOTT BRYCE 1/9/1978 MIKE PALM 6/4/1979 JEFF ANDERSEN 9/22/1980 RICK WILLIAMS 11/7/1983 TIM WILLIAMS 11/7/1983 G RE G PALM 2/6/1984 RON STALLMAN 1/5/1987 KEV I N G RADY 6/6/1988 JIM CASEY 9/12/1988 PAUL H E N RY 5/1/1989 TIM PALM 5/1/1989 KEVIN SIPPRELL 3/5/1990 DAN GRADY 12/3/1990 EDDIE VAN ECEK 11/4/1991 DENNIS WOYTCKE 3/2/1992 PAUL BABB 9/13/1993 CHRIS POUNDER 9/13/1993 BOB CRAWFORD 3/21/1994 JASON MAAS 5/2/1994 JOHN LARSON 3/6/1995 RICH ROGERS 10/16/1995 ROGER KRYCK 12/4/1995 BRUCE GUSTAFSON 2/5/1996 MATT HENTGES 5/611996 MATT JAKUBIK 11/17/1997 PAT HAN LEY 5/4/1998 TO NY MYE RS 5/4/1998 DARREN POIKONEN 12/19/1998 KEVI N F LAI G 4/19/1999 BRIAN BERENT 4/24/2000 SCOTT ALDEN 4/24/2000 KRIS FORSMAN 4/24/2000 JOHN HOROSHAK 10/14/2000 ROD STEVENS 10/14/2000 RICHARD TODD 10/14/2000 MFD Active List MFD APPARATUS Truck Number Equipment #11 #16 #17 Description of Apparatus 1969 Mack Pumper Waterous 2 stage pump 1954 Dodge Grass Rig FMC 1981 Sutphen Aerial Ladder Special 1000 gpm 1000 Gallon tank Bean Pump 10 gpm Hale Single Stage pump, 1500 gpm 300 Gallon tank 100 ft Ladder #18 #19 #22 1984 Ford Pumper Waterous 2 Stage pump 1987 Chevrolet Rescue 4 Wheel drive 1990 E-One Utility 1250 gpm 1000 Gallon tank Heart De- fibrilator, Hearst tool Cascade System 20 KVV Harrison Generator #23 #24 1990 Ford Taurus 1996 Freightliner Pumper Waterous single stage Pump Foam tank 1250 gpm 750 gallon tank 30 gal Class A Gpm = gallons per minute #25 # 26 1973 Mack Tanker (refurbished) 1999 Ford F 250 Crew Rescue Cab 350 gpm single stage pump 2000 gallon tank First Aid Basic EMS Gpm = gallons per minute MOUND FIRE DEPARTMENT ANNUAL REPORT 2000 APRIL 10, 2001 Attachment B MOUND FIRE DEPARTMENT 2000 INCIDENT REPORT GRAND TOTAL OF ALL FIRE / RESCUE CALLS IN 2000 INCLUDING MUTUAL AID 630 GRAND TOTAL OF PERSONAL HOURS IN 2000 INCLUDING MUTUAL AID 12,202 TOTAL OF ALL FIRE / RESCUE CALLS IN 2000 EXCLUDING MUTUAL AID 626 TOTAL OF PERSONAL HOURS IN 2000 EXCLUDING MUTUAL AID 12,066 MOUND FIRE DEPARTMENT 2000 BUDGET VS. EXPENDITURES DESCRIPTION Salaries FICA/PERA Supplies Professional Services Communications Printing Insurance Repair & Maint. Rentals - Leases Miscellaneous Capital Outlay Fire Protection (Sub Total) Equipment Reserve Area Fire Fund BUDGET AMOUNT 165,160 5,490 38,150 18,120 7,300 300 37,200 28,400 5,800 21,400 40,500 381,520 30,000 411,520 EXPENDITURE AMOUNT 130,269 2,221 46,013 6,613 5,266 514 12,389 34,004 2,069 31,664 55,872 351,784 30,000 381,784 79% 40% 120% 37% 72% 171% 9O% 120% 36% 148% 138% 92.21% 100% 92.77% 3/12/20Ol ANNUAL TRAINING OVERVIEW A. In House Training · Training Basic- 24 Drills per year on Monday nights · Live Burn Training - 2 or 3 per year on Saturdays · New Member Orientation · Truck and Station Maintenance -Weekly on Saturdays · OSHA / MFD Required Training - Cardiopulmonary Resuscitation (CPR) - First Responder - Bloodborne Pathogen Awareness - Mask FitTesting - Health Screening - Physical Agility Testing B. Outside Training · Minnesota State Fire School · Minnesota State Fire Conference · Minnesota State Fire Chiefs Conference · International Fire Chiefs Conference · Officer-Training (VCOS, FDIC, Command School) · Firefighter I & II (MN SCU) · First Responder · Emergency Medical Technician - EMT C. Other, Miscellaneous · MutualAid Drills · Mass Casualty Incident (MCI) 3/12/01 Firefi.qhter Qualifications Codes Firefighter I Certified Firefighter II Certified Paramedic - Certified Emergency Medical Technician 1st Responder Certified CPR Certified Haz Mat Certified Apparatus Operations - Pump Apparatus Operations - Driver Only Water Rescue Auto Extraction Building Inspection Fire Inspection Incident Command System EMS Trainer- Certified High Angle Rescue Confined Space or Trench Rescue Mass Casualty Incident (MCI) Firefighter Training - Certified Other Qualifications FFI FF II Par £MT 1st Res. CPR HM AO - Pump AO - Drive W Res. A Ext. B Insp. F Insp. ICS EMS - Tr. H A Res. C Sp. Res. MCI FF - Tr. Other rn I(/) 0 Zz Z~ mm m 0 0 !'1'1 0 0 FO 0 0 -i:~ "'-4 0'~ 0 (:: Z ITl Z (:X) 0 !,,0 0 ('ri '1~' {,.0 0,) "'~ 0 0-< 0'< o oc0 0 MOUND FIRE DEPARTMENT REORGANIZATION COMMITTEE Goals: · Achieve Consistency On Medical Call Responses · Respond To Medical Calls Where We Can Make An Impact · Reduce Unnecessary Medical Calls For Firefighters · Allow Police Officers Discretion On Medicals Considerations: · Day/Night Percentage · Cancelled Calls · Duty Crews · Platooning · Changing By-Laws · Rescue Calls MOUND FIRE DEPARTMENT TOTAL CALL- 1996 TO YEAR 2000 1996 -- 774 Calls 1997 -- 727 Calls 1998 -- 807 Calls 1999 --729 Calls 2000 --630 Calls CALL BREAKDOWN BY CITY 1999 City # Of Calls Rescue Mound 403 248 Fire 155 Orono 90 31 59 Spring Park 86 50 36 Minnetrista 98 50 48 Mtka. Beach 38 6 32 Shorewood 10 4 6_ 729 389 Totals 336 TOTAL CALL % BREAKDOWN 1999 Mound = 55.3% Minnetrista = 13.4% Orono = 12.3% Spring Park = 11.7% Mtka. Beach = 5.2% Shorewood = 1.4% Total 100% AUTOMATIC FIRE RESCUE RESPONSE LISTING OF THE 10 EMS - EVENTS 1. Burns 10. Water Incident (new) 2. Childbirth 3. Choking 4. CO Alarm, One Not Feeling Well (new) 5. Diabetic 6. Drowning 7. Heart 8. P.I. Accident 9. Unconscious CALL BREAKDOWN PER CITY RESCUE CALLS ONLY 1999 = 389 RESCUE CALLS City Rescue EMS - Events % Drop Mound 248 89 64% Minnetrista 50 15 70% Mtka. Beach 6 2 67% Orono 31 10 68% Spring Park 50 22 56% Shorewood 4 0 ? 6500 POLICE DEPARTMENT RESCUE CALLS - TOTAL = 87 City Orono 31 Spring Park 50 Mtka. Beach 6 Totals 87 Rescue EMS - Events 10 % Drop 68% 22 56% 2 67% 34 61% 3 - Cities for 1999 # of Cancels 25 = 29% FIRE I RESCUE CALL SUMMARY 2000 2001 January Janua~ Rescue Fire Total 35 Rescue 17 17 Fire 16 52 Total 33 February February Rescue Fire Total 26 Rescue 10 13 Fire 22 39 Total 32 MOUND FIRE DEPARTMENT IT'S A HONOR TO SERVE THE CITIES OF: 1. MOUND 2. MINNETRISTA 3. MINNETONKA BEACH 4. ORONO 5. SHOREWOOD 6. SPRING PARK MFD BUSINESS AND FINANCIAL PLAN MOUND FIRE DEPARTMENT BUSINESS PLAN OVERVIEW Vision · Fully Staffed With 37 Members · 1st Class Operation - Facility, Equipment, Officers, Firefighters · Well Trained, Experienced, Diversified · Focus On Membership-Acquisition and Retention · Maintain Or Improve Response Times · Provide Excellent Service To Customers At Minimal Cost · Consider Firefighter Time Commitment And Manage Accordingly · Cooperative Effort With Other Area Fire Departments · Provide More Fire Prevention- Inspection Service Challenges Or Opportunities · PublicAnd Firefighter Safety · Cost Containment / Resource Management · Meeting Training Requirements (OSHA, State, Other) · Attracting And Retaining Members · Apparatus, Equipment And Technology Upgrade · Hiring Paid Fire Chief, Fire Marshal, Fire Inspector · Providing Fire Inspection Services · Day Time Responders- Firefighters · Consolidation Of Resources With Other Fire Departments Action Plan · Hire Quality People As Firefighters- Consider Availability · Continue To Enhance Our Annual Training Plan · Manage Time Commitment Issues Effectively · Continue To Upgrade Apparatus, Equipment And Technology · Move Forward With 800 MHZ Radio Communication Project · Provide A Functional And Attractive Fire Station Facility · Increase Fire Inspection Services To All Customers- Hire · Utilize Fire Department Committees To Evaluate Major Purchases · Focus On MFD Retirement Plan To Attract And Retain Members BudRet Budget Details - See Attachments Major Purchases - 5 Years - Engine - Pumper Truck 2002 - Rescue Truck 2004 - Fire Station 2004 - Aerial Apparatus Truck 2005 $260,000 $85,000 $1,400,000 480,000 Attachments 3/14~00 Date: To: From: Subject: 13 March 2001 (Revised) Kandis Hanson Greg Pederson Fire Department Purchases - 5 year plan The following is a list of major purchases, estimated cost, and the year of purchases, for Mound Fire Department. This list only includes items with a cost of more than $25,000 with the exception of year 2001. Year Description of Item Cost (Estimate) 2001 Transportable Light Tower $14,000 2001 HVAC Furnace Upgrades $12,000 2001 Fire - Rescue Boat $12,000 2001 Total $38,000 2002 Fire Station Upgrades $40,000 (To Meet Code) 2002 800 MHZ Radio Project $30,000 2002 Fire Engine Pumper- New $260,000 2002 Total $330,000 2003 Cascade Air System $20,000 2003 800 MHZ Radio Project $30,000 2003 Fire Station Parking Lot $20,000 2003 Total $70,000 2004 2004 New Fire Station (or Addition) $1,400,000 Light Duty Rescue Truck- New $ 85,000 2004 Total $1,485,000 2005 2005 Fire Engine Ladder Truck- New $480,000 New Technology - Inferred $ 15,000 Camera 2005 Total $495,000 Please call if you have any questions. Respectfully, Gregory S. Pederson Mound Fire Chief · [] r3 © m 0 0 0 0 0 0 0 0 0 MOUND CITY CODE SECTION 350:310, SURD. 106 Subd. 106. Public Waters. Waters as defined in Minnesota Statutes, section 103G.006, Subdivision 15, as amended. Lakes, ponds or flowage of less than 10 acres shall not be considered public waters. Su~. 107. Recreation. Public. Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation. Sulx~. 108. Recreational Equipment. Play apparatus such as swing sets and slides, sandboxes, picnic tables, barbecue stands, and sin~lar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. (ORD. #8, 9-21-87) Su~. 109. Recreational Vehicles. Recreational vehicles shall include, but not be lim/ted to, automobiles, boats, boat trailers, travel trailers, ...... ~ -ur-~ra trailers, self-contained motor homes, ..... " ~ ~ , =: ~ .......................... rr.c~ar.s_i_~s. (ORD. #8, 9-21-87) Sulk. 110. Registered Land Survey. A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47. Subd. 111. Regulatory Flood Protection Elevation. An elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachraents on the flood plain that result from a change in the designation of a floodway. The Regulatory Flood Protection Elevation for each lake is as follows: Lake Minnetonka = 933.0; Dutch Lake = 942.0; and Lake Langdon = 937.0. Sulx~. 112. Restaurants Class I -Traditional Restaurant. Food served and consumed by customers while seated at a counter or table. Cafeteria -food selected by customers while going through a serving line and taken to a table for consumption. Sutx~. 113. Restaurants (Class II) -Fast Food. Convenience and Drive- In. Restaurants where a majority of customers order and are served their food at a counter in packages prepared to leave the premises; or able to be taken to a table, counter, or automobile, or off the pre~zises to be consuraed/ or a drive-in where most customers consume their food in an automobile regardless of how it is served. 4/1/97 MOUND CITY CODE SECTION 350: 680, Subd. 7.b B. Approval of a planned industrial area operations permit shall be by the city Council after recommendation by the city Staff. c. At the option of the City Council, the City may elect to call a public hearing to solicit public input on an operations permit application. A hearing may be called to review concerns regarding the use or discharge of toxic substances, emissions, special access, parking or loading requirements, noise, storage or other relevant factors. Subd. 8. Criteria for Grantinq Operations Permits (PIA). The criteria for granting operation permits shall be the same as the criteria listed in Section 350:525, Subd. 1, A- L for the issuance of conditional use permits. Section 350:700. PERFORMANCE STANDARDS Section 350:705. Purpose-Performance Standards. The performance standards established in this section are designed to encourage a high standard of development by enhancing the compatibility of neighboring land uses. The performance standards are designed to prevent and eliminate those conditions that cause blight and to enhance and protect the health, safety, welfare and appearance of the community consistent with established policies and standards. Ail future development in any district shall be required to meet these standards. The standards shall also apply to existing development where so stated. The City Manager shall be responsible for enforcing the standards. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards. The applicant shall supply all data necessary to demonstrate such conformance. I' Section 350:710. Exterior Storage. In residential districts, all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying, recreational vehicles, and recreation equipment (see definitions in Section 350:310), construction and landscaping materials and equipment currently (within a period of 30 days) being used on the premises, off-street parking of ONE licensed, insured, and operative passenger automobiles e~or pick-up trucke. Storage of recreational vehicles shall be subject to the following: 76 3/15/93 537 MOUND CITY CODE SECTION 350:710, subd. 1. gubd. 1. gtorage of recreation vehicles shall be considered either transient or seasonal. Transient storage is defined as the placement of recreational vehicles for periods not exceeding fourteen (14) consecutive days for a specific purpose such as active maintenance ~- shsrt t~rm l~,,~ .... ~-uar~ers~ ~ visitcru. Transient storage is permitted providing that it complies with all other sections of the Mound Code of Ordinances. Seasonal storage shall comply with all of the provisions stated herein. Subd.2. Recreational vehicles may be stored on private property in yard areas consistent with the following setbacks: A. Front yard-Front yard parking prohibited if over the curb line or in such a manner as to block or impede the safe flow of traffic on the abutting roadway. B. Side yard-Five (5) feet from the property line. C. Rear yard-Five (5) feet from the property line. Subd. 3. Stored vehicles shall be currently registered to, owned by, leased to or rented to the owner or renter occupying the ~ property, and must display proper license and be fully operational, and be properly insured. Subd. 4. Storage of recreational vehicles shall be limited to no more than one (1) vehicle for every fifteen hundred (1500) square feet of lot area up to a maximum of three (3) seven (7) vehicles. Subd. 5. Existing uses shall comply with this provision within three (3) t~:c!va (12) months following enactment of this Ordinance. Subd. 6. In all districts, the City may require a Conditional Use Permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, convenience, morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes threat to living amenities. (ORD. #18- 9-21-87) Section 350:715. Refuse. In all districts, all waste material, with the exception of debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse. Existing uses shall comply with this provision within six months following enactment of this Ordinance. 77 3/15/93 MOUND CITY CODE SECTION 350:715 Passenger vehicles and. trucks in an inoperative state shall not be parked in residential districts for a period exceeding ninety-six (96} hours; inoperative shall mean incapable of movement under their own power and in need of repairs or removal to junk yard. All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by provisions of this Ordinance shall be considered as refuse. Section 350:720. Screenin~ and Buffering. Screening shall be required in all residential zones where (a} any off-street parking area contains more than two (2)four (4] parking spaces and is within thirty (30) feet of an adjoining residential zone, and (b) where the driveway to a parking area of more than six (6) parking spaces is within fifteen (15} feet of an adjoining residential use or zone. Where any business (structure, parking or storage} is adjacent to property zoned or developed for any residential use, that business or industry shall provide screening along its boundary with the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Code) Ail exterior storage in commercial districts shall be screened. The exceptions are: (1} merchandise being displayed for sale; (2} materials and equipment presently being used for construction on the premises; and (3) merchandise located on service station pump islands. Ail exterior storage in commercial districts shall not impede traffic control and must follow section 350:750 of this Ordinance. Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. Ail walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. Ail required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within ten feet of the traveled portion of any street or highway. Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section without impairing safe sight distances at intersections, driveways and other critical locations. 78 3/15/93 Mound City Code Section 1000:00 CHAPTER V. NUISANCES Section 1000- Nuisances -Abatement Section 1000:00. Public Nuisance Defined. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (a) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any ccnsidcrabla number of members of the public, or (b) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public, or (c) Is guilty of any other act or omission declared by law or this section to be a public nuisance and for which no sentence is specifically provided. (d) Permits real property under his/her control to be used to maintain a public nuisance or rents same, knowing it will be so used. Sections 1000:05, 1000:10, and 1000:15 relating to nuisances and abatement are hereby repealed in their entirety. (ORD. %29:%989 - 6-26-89) // Section 1000:02. DEFINITIONS. The following words, when used in th~s ordinance, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, cons,,mp, tion, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, lr4,~4ngs from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 1000:05A. Public Nuisances Affecting Health. The following are hereby declared to be public nuisances affecting health: (a) Carcasses of animals not buried or destroyed within 24 hours after death; (b) The keeping of any animal over six (6) months of age which has not been vaccinated against rabies with an approved vaccine as determined by the official Comprehendium of Animal Rabies Vaccines published by the Mound city Code Section 1000:05A (b) Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. (c) Ail public exposure of persons having a communicable disease as defined in Minn. Stat. section 144.4172 and any building, conveyance, or place where contagion, infection, filth or other source or cause of communicable disease exists; (d) Accumulations of stagnant water, feces, or rubbish which are likely places for flies, mosquitoes or vermin; manure or an~m-i to become breeding (e) Depositing manure upon any city street, city sidewalk, or city property. (f) Garbage not stored in rodent free and fly-tight containers, or; garbage stored so as to emit'foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. (g) Acc-..,ulations of rubbish as defined herein. (h)Accumulation of junk, disused furniture, appliances, machinery, automobiles, and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. (i) The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not l~m~ted to, the following: d,,~p trucks, construction trailers, back hoes, front-end loaders, bobcats, well drilling equipment, f~? trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or s~m~lar company which is actually being used to service a Mound City Ordinance Section 1000 residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pick-up or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour shall be lawful. (j)The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or s~lar vehicles, materials, supplies, equipment, ice fish houses, skateboard r~ps, play houses, or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. (k) The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and s~m4lar vehicles, materials, supplies, equipment, ice fish houses, skateboard r~ps, or other nonpermanent structures unless they com~ly with the Zoning or Sign Ordinances. Ail vehicles, watercraft and other articles allowed to be stored outside in an approved m~uner on occupied residentially used property must be owned by a person who resides on the property. Persons who are away at school or in the militar~ service for periods of time. but still claim the property as their legal residence shall be considered residents on the property. Section 1000:!0A. Public Nuisances Affectinq Morals and Decency. The following are hereby declared to be public nuisances affecting public morals and decency: (a) Ail gambling devices, unless approved as a Minnesota; slot machines and punch boards, legal device by the State of (b) Betting, bookmaking, and all apparatus used in such occupations; (c) Ail houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses; (d) Ail places where controlled substances, narcotics, or intoxicating liquor is manufactured or disposed of in Mound City Ordinances Section 1000:10A violation of law or where, in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor or use of controlled substances or narcotics, or where intoxicating liquor, controlled substances, or narcotics are kept for sale or other disposition in violation of law, and all liquor controlled substances, and narcotics, and other property used for maintaining such a place; (e) Any vehicle used for the transportation ~of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose; (f) The use of any fish house, warming house, or other similar structure for any activity listed in (a) through (d) above. (g) A residential dwelling (party house) that habitually (requiring three (3) or more police responses in a six (6) month period) provides a meeting place where alcohol or narcotics are consumed or neighbors are disturbed and causes complaints requiring a police response. Section 1000:15A. Public Nuisances Affecting Peace and Safety. The following are declared to be public nuisances affecting public peace and safety: (a) Ail snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall; (b) Ail wires and limbs of trees or bushes which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles, any l~mbs or bushes which block the clear view of traffic signs and all limbs of trees closer to the street surface than 15 feet and all limbs of trees closer to the surface of a sidewalk than 8 feet; (c) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Section or other applicable law; (d) Radio aerials, radio towers, television antennae, television towers or satellite dishes erected or maintained in a dangerous manner; (e) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free uses of the streets or sidewalks; (f) Ail hanging signs, awnings, and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by this Section; Mound City Code Section 1000:15A (g) (g) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (h) Waste water cast upon or permitted to flow upon streets or other public property; (i) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other materials, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health, or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated; (j) Noxious weeds, as that term is defined in Section 18.171 of Minnesota Statutes, and any excessive growth of other weeds; excessive growth of weeds means weeds or grass which are 12 inches or more in height; (k) Any wire, except clothes line wire, which is strung less than 15 feet above the surface of the ground; (I) Any fence or other structure maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property; (m) Ail buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and which are so situated as to endanger the safety of the public; (n) Ail dead standing trees which present a hazard to like or property, all elm or other trees found harboring the Dutch elm beetle, all dead standing elm wood, and all cut elm or other wood found harboring the Dutch elm beetle~ (0) All dangerous, unguarded machinery, including derelict autos, derelict boats, and derelict refrigerators and freezers, in any public place, or so situated or operated on private property as to attract the public; (p) Swimming in a channel or jumping or diving from a channel bridge; (q) Operating any water craft, motor vehicle, or powered device, or propelled device, on the open water, or upon the ice of a body of water, in such a manner as to endanger life, limb, or property; (r) Standing upon any street bridge or railroad bridge for purposes of fishing there from; (s) Causing to be made any fire on any public beach area or park except in fireplaces designated for that purpose; (t) Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located; Mound City Code Section 1000:15A (u) Obstruction to the free flow ~ of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials; (v) The placing or throwing on any street, sidewalk, or other public property ~ of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance; (w) The depositing of garbage or refuse on a public right- of-way or on adjacent private property. (ORD. %29-1989- 6-26-89) Section 1000:20. Duties of city Officers. The Police Department shall enforce the provisions relating to nuisances. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Section 1000:25. Abatement. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify in writing the owner or occupant of the premises of such fact and shall order that such nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 10 days, within which the nuisance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall ....... ~ ...... fcrth~:ith -- P ......... ~ ..... ~ ~-~ P ida ~- ....... ~ .................... cc .... in .................... aS ....... ~ ...... ~ d ~ ...... = pcstlng, -~ da} a!apsa .... ~..~ ~.. -"~' prc~arty issue the appropriate citation for the violation. Thereafter, the Chief of Police may, after notice to the owner or occupant and an opportunity to be heard, provide for the abating of the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing officer is served and shall be given at least seven (7) days before the date stated in the notice when the City Manager will consider the matter. If notice is given by posting, at least ten (I0) days shall elapse between the day of the posting the notice and the hearing, and a copy of the notice shall be sent by certified mail to the record owner of the subject property. Section 1000:30. Recovery of Cost. Subd. 1. Personal Liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the City of the abatement, including Mound City Ordinance Section 1000:30 been completed and the cost determined, the City Clerk or other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. Subd. 2. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect- infested trees, any unpaid charges by the city for the cost of elimination of the nuisance may be collected as a special assessment pursuant to section 370 of the city Code. section 1000:35. No Election of Remedies. The notice and abatement as above provided in section 1000:25A above shall not be deemed the exclusive method for the enforcement of section 1000 without notice, a proceeding may be instituted in a proper tribunal for the prosecution of a misdemeanor; and the judge in such a criminal case may impose the fine or penalty authorized by law in such case made and provided, including that contained in section 347.04 of Minnesota Statutes for the disposition of dogs constituting a public nuisance. The civil remedies at law and equity shall be deemed available at all times, without notice. The Health Officer may, concurrently with any such procedures, or without such procedures, condemn such structures as unfit for habitation pursuant to section 1005. ~ar 38 2BB1 1G:07:52 U~a -> A~mlni~krakor FRIDAYFAX A weekly legislative update from the League of Minnesota Cities Number 13 March ,30, 2001 Wine in grocery stores bill to age for another year Following a Thursday evening, Rep. Barb Sykora (R-Excelsior) withdrew her wine in grocery stores bill from consideration, effectively killing the proposal for this session, Reportedly, the bill would have been within two votes of passage. It is worth noting that next session the wine in grocery stores bill can simply be picked up where it was left off in the House Commerce Commit- tee. Next year, opponents of the legislation may face an increased uphill battle given Commerce Committee Chair Rep. Greg Davids' R-Preston) statements criticizing of the liquor industry represen- tatives' lobbying tactics. Rep. Sykora )romised to pursue the legislation in 2002 session. Land sale prohibition bill withdrawn The bill that would have placed a five-year prohibition on political subdivisions selling land acquired by eminent domain will not move forward this session. Recognizing that there are significant concerns which require further discussion, the bill was withdrawn from consideration in both houses this week. The authors of the proposal, Sen. Dan Stevens (R-Mora) and Rep. Bruce Anderson (R-Buffalo Township), have made it clear that they view the use of eminent domain, where the ulti- mate intent is to sell the property, as a serious impingement on the prop- hts of land-owners. The authors intend to make this issue the ;ubject of an informal, but compre- study over the interim The proposal is sure to resurface during the 2002 legislative session. Pension bill and PERA funding The Senate State & Local Govern- ment Committee and the House Government Operations Committee considered and passed the omnibus pension bill late this week without any language to address the PERA funding shortfall. The Legislative Commission on Pensions & Retire- ment will meet again Monday morn- ing to consider HF 855 and SF 810, the Mares/Pogemiller bills that address the funding shortfall. Any final Pension Commission recom- mendation could be merged into the omnibus pension bill or could progress as a separate bill. The bills contain a number of pension provisions, including a new authori- zation for the Minnesota State Retirement System to establish a healthcare savings plan that would be structured as a defined contribu- tion plan with a separate account for each individual. Additionally, the bill clarifies the application of the open meeting law to meetings of local volunteer fire relief associations. Given the statutory requirement that cities guarantee the funding of benefits paid from these relief associations, the League has a long-standing recommenda- tion to cities that the open meeting law be applied to these volunteer relief associations. The bill was expanded by the pension commis- sion to include the police and paid fire relief associations, the Minne- apolis Employee Retirement Fund, and first class city teacher plans. Check next week's Bulletin for an update on the PERA funding defi- ciency legislation. Utility bill introduced On Thursday, Rep. Dan McEIroy (R-Burnsville) introduced a bill that attempts to address the potential, impending deregulation of the electric industry and the elimination of the property tax paid by utilities on electric-generating personal property. Investor-owned electric utilities have argued that if deregulation is enacted, M in nesota's taxes--especially the high property taxes applied to electric-generating property--would place them at a competitive disad- vantage to competitors located in other states. The communities that host these facilities argue that a property tax exemption would dramatically reduce their local tax base and eliminate the benefit that was associated with the original siting of what many consider to be a "not-in-my-back-yard" facility Under the bill, property taxes paid by electric-generating plants would be reduced by approximately 75 per- cent through property class rate reductions To offset the impact on local governments, the state would issue bonds and deposit the pro- ceeds into locally-managed trust funds for each of the communities that currently host electric-generating facilities. The funds would generate interest sufficient to replace the reduced property tax revenues for local units of government. To repaythe bonds, the electric utilities would create a separate, temporary distribution surcharge that would apply to each electric user, including homes and busi- nesses. The impact of the tempo- raw surcharge would presumably be offset through base electric rate reductions due to the property tax exemption for generating property. For more information on city legislative issues, contact any member of the League of Minnesota (651) 281-1200 or (800) 925-1122 Cities Jn terg o vern mental Relations team, Mar 38 2001 16:08:48 Via Fax -> fldministrator Page 002 Of 082 RIDAYFAX 30, 2001--P~GE 2 The bill is supported by the Coalition of Utility Cities and by Xcel Energy. Other groups will likely react when the bill is heard in committee in the coming weeks Compromise reached on municipal consent modifications bill On Wednesday, the House Trans- portation heard a bill that would have significantly limited the ability of cities to negotiate with the Dept. of Transportation (Mn/DOT) on trunk highway projects located within cities. Essentially, HF 1973 (Work- man, R-Chanhassen)would have made preliminary municipal consent binding, and would have allowed Mn/DOT to proceed with a project ]ardless of the outcome of an )peals process. The bill's opponents urged the com- mittee to lay over the bill to allow for more input on the issue. Members felt the bill, in some form, should move forward this session. Repre- sentatives of the LMC and the Association of Metropolitan Munici- palities (AMM)worked with leg isla- tots and Mn/DOT to work out a compromise. The bill, as amended, provides concise definitions of what informa- tion Mn/DOT must provide to cities prior to seeking consent, including a good faith cost estimate of the related municipal expenses Most importantly, the bill proposes an appeals process that is binding for both cities and Mn/DOT The amended bill passed out of committee without opposition and is ~xpected to be heard on the House this session Sen RoyTePcvilliger (R-Edina) introduced its companion, SF 2106, in the Senate this week The bill has not been scheduled for a hearing in the Senate Seeking input on timeline for re.establishing precincts and redistricting wards The League would like to know how cities, particularly those holding local elections this year, view the timeline for re-establishing precincts (and redistricting wards for cities that elect councilmembers by ward) if the Legislature completes redis- tricting in 2001 The question has been raised as redistricting commit- tees in the House and Senate and the Governor'sAdvisow Citizen Commission on Redistricting begin developing proposals for redistrict- ing legislative and congressional districts Although it appears unlikely the Legislature and the governor will agree on a final plan before the Legislature is scheduled to recess on May 21, state lawmakers want to anticipate the timeline for redistrict- ing at the local level following adoption of state and congressional redistricting plans. Current law requires that precincts must be re-established and wards must be redistricted within 60 days after the Legislature is redistricted If the Legislature completes redis- tricting this session this could pose problems--unless either the 60-day timeline is changed to go into effect afler the Nov. 2001 elections or the effective date of state and congres- sional redistricting is set for Jan 1, 2002 The League would like to hear from cities, particularly those holding elections this year, what you think a reasonable timeline would be in the event redistricting of legislative and congressional districts is completed in 2001 Please fax comments to Ann Higgins at (651) 215-4114, or e-mail: ahiggins(~lmnc org Builder/realtor municipal reg u latory reform legislation Various policy committees in the House and Senate approved the builders'/realtors' municipal regula- tory reform legislation this week, The following components are contained in the final compromise language of the municipal regulatory reform legislation' · Repetitive plan check fee rulemaking · blur'~cipal ordinances or develop- me~t agreements must not be mere restrictive than the state bui',dir~g code for components or systems of residential structures. · Binding interpretation of code provisions and required enforce- ment of the interpretation. · Slading April 1 2003: municipali- ties shall report information relative to fee revenue and expenditures to the Dept of Administration. · Clarifies municipalities may not require a state licensed builder to pay a local fee related to licensure or registration · Requires that fees imposed under §462 must be fair: reasonable, and proportionate to the actual cost of the service for which the fee is imposed it requiresmunJcJ- palities to established procedures to account for the use of the fee AIsc this section makes clear that disputed fees--specific fees to specific applications--are eligible for ~udicial review under §462361 It provides a process for fees to be escrowed and for approved projects to proceed while the dispute is being resolved · Limits the effectiveness of §429 waivers to the amount of the estimated assessment amount or amount agreed to in a development agreement Page 1 of 3 KandisHanson From: "Barbara Olson" <olsonb@westonka.k12.mn.us> To: <kandishanson@msn.com>; Sent: Friday, February 02, 2001 3:13 PM Subject: westonka.news Vol. 1, No. 16 westonka.news Vol. 1, No. 16 February 2, 2001 The Westonka Public Schools' channel for direct electronic communication to interested parents, staff, and community members, providing up-to-date information about education in District 277. westonka.news publishes weekly. Look for it in your mailbox on Fridays. Westonka Public Schools, 2450 Wilshire Boulevard, Suite A, Mound MN 55364; h~pJ/WWW.W.e_._st_o_n__k_~_.~k12.mn,us; tel: 952.491.8006; fax: 952.491.8043; e-mail: w~e!isten~[~w~t_o n ka. k12. mn. us. Contents 1. News Briefs --Grandview Music Teacher Sings at Carnegie Hall 2. Focus Topic: Upcoming Maintenance/Technology Bond Referendum 3. Upcoming Events 4. We Want to Hear from You NEWS BRIEFS **Grandview Music Teacher Sings at Carnegie Hall** Grandview vocal music instructor, Andrea Schussler, has added another accomplishment to her distinguished resume: singing at Carnegie Hall in New York City. Schussler was the only Minnesotan chosen to participate in the Carnegie Hall Choral Masters Workshops, which were initiated by the late Robert Shaw. She was selected by audition as one of 25 sopranos in the 100-member choir, conducted by Sir Neville Marriner. Schussler is now a veteran of Carnegie Hall performances, having also performed there in 1995. School news reporter, Carol Shukle, is writing on a feature story on Schussler for the local papers, so you'll be able to read about her experience in more detail later. 03/30/2001 Page 2 of 3 FOCUS TOPIC **Upcoming Maintenance/Technology Bond Referendum** On Saturday, March 17, voters in Westonka Public School District 277 will decide on a bond referendum to approve funds for routine maintenance and technology upgrades. A letter is being sent to all district residents next week, outlining the need for the bond and explaining state funding for "capital outlay" projects, such as maintenance and technology. A referendum committee of volunteers, headed by local Realtor George Jones, is mobilizing and making plans for sharing information with school district parents, community groups, and residents. Both the school board and the volunteer referendum committee believe their primary task is making sure people have clear information about the proposed projects. Here's how district staff will get the word out: --Letter to all district residents (to be mailed next week) --Detailed information on the district Web site, www.westonka.k12.mn.us. The Web site will have the letter, and a building-by-building project list, with supporting details and photos, when appropriate. It will also have an estimated tax impact chart, so people can see the annual tax impact for a range of property values. --Detailed information, including all of the above, will be available for public review at each school building. --Information will go into a variety of publications, including the community education catalogue, the Lake Minnetonka Chamber of Commerce newsletter, principals' newsletters (when publication timelines allow), and others. --The referendum committee will head up a speakers bureau (for short presentations at community meetings) and a telephone bank (for reminder calls to voters). **If you belong to a group that might be interested in hearing a short presentation about the bond referendum, please let us know (you can reply to this message). School district staff are committed to answering people's questions about the bond. If you have a question, please don't hesitate to ask. You can: --Call the Bond Hotline: 952.491.8443. --Send the question via e-mail: welisten@~Nes~tonka.k12.mn.us. --Examine the referendum information on the Web site and follow the e-mail link. --Stop by any school office for more written detail. --Call or write school board members. Readers of this electronic newsletter, in particular, are strongly encouraged both to ask their own questions, and to share questions or concerns they've heard from others. School district staff will answer questions directly, and will post responses to common questions in the Laker, so everyone has a chance to read the answer. 03/30/2001 Page 3 of 3 UPCOMING EVENTS --February 3, Parent Workshop featuring Misti Snow, author and editor of Star Tribune Mindworks column. The workshop will offer a variety of topics of interest to parents. 10 a.m. to noon, Mound Westonka High School; call 491-8040 to register. --February 6, 8th Grade Minnesota Basic Skills Test, Reading. --February 6, Grade 1 Music Program, 6:30 p.m., Shirley Hills Primary, 2450 Wilshire Boulevard, Mound. Free and open to the public. --February 6, Grade 3 Music Program, 7:30 p.m., Shirley Hills Primary, 2450 Wilshire Boulevard, Mound. Free and open to the public. --February 8, 8th Grade Minnesota Basic Skills Test, Math. --February 8, Book Fair, Fine Arts Night, Showcase, Variety Show, and Ice Cream Social, 6 p.m., Grandview Middle School, 1881 Commerce Boulevard, Mound. --February 10, Metro Alliance Conference JV Wrestling Tournament, 9 a.m., Mound Westonka High School, 5905 Sunnyfield Road, Minnetrista. WE WANT TO HEAR FROM YOU! We would like to hear your feedback on any of the topics above, or any other school-related issue. Use whichever way works best for you: send an e-mail message to <welisten@~s_t_o. _n_ka_.k12,~n.us>; call the District Feedback Line at 952.491.8260; or mail your comments to Barbara Olson, Community Relations Coordinator, Westonka Public Schools, 2450 Wilshire Blvd., Suite A, Mound MN 55364 To unsubscribe from this list, please send a message to Barbara Olson at < .01 .S.O n b.@w_e~st_o n ka, k 12.mn. us> It is the mission of the Westonka Public School District, in partnership with students, parents, and the community, to create the environment necessary to achieve quality education for lifelong learning. Westonka Public Schools 2450 Wilshire Boulevard, Suite A Mound MN 55364 tel: 952.491.8006; fax: 952.491.8043 welisten@westonka.k12.mn.us ht~ ://www. westo n ka. k 12. mn. us westonka.news is published by the Community Relations Department, Barbara Olson, editor. 03/30/2001 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, March 28, 2001 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Foster · Death of Frank Mixa, LMCD Executive Director from 1967-1987 READING OF MINUTES- 3/14/01 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA- Consent Agenda items identified with a (*) will be approved in one motion unless a Board member request discussion of any item, in which case the item will be removed from the consent agenda. WATER STRUCTURES A) Hennepin County Environmental Services, consideration of 2001 new multiple dock license, with minor change, application to reconfigure a 65 Boat Storage Unit (BSU) non-conforming multiple dock facility on Spring Park Bay; Boat Works Corporation, consideration of 2001 renewal, without change, multiple dock license application (Discussion on amending approved public amenities for the facility that was granted a special density license on 9/27/89); C) (*) City of Mound, staff recommends the Board approve the 2001 renewal, without change, multiple dock license application received on 11/20/00; D) (*) City of Mound, staff recommends Board approval of recommendation from George Hoff to extend the LMCD deadline for court approval of the six variances granted in Woodland Point Development from 4/2/01 to 4/26/01; E) Ordinance Amendment, First reading of an ordinance amending definition of dock use areas and docks; F) (*) Pelican Point HOA, staff recommends approval of the 2001 renewal, without change, multiple dock license application received on 2/6/01; G) Additional Business; LAKE USE & RECREATION A) 2001 Liquor Licenses, consideration of renewal Wine and Non-Intoxicating Malt Liquor license applications for the charter boats, Holiday Fair and Holiday Fair II; B) Review of information regardin9 the sale of fuel from a service boat to customers around the Lake; ......................... Update on SherifFs Office Water Patrol Proposal for the 2001 Boating Season (handout); D) Additional Business; FINANCIAL A) Audit of vouchers (3/16/01 - 3/31/01); B) January financial summary and balance sheet; C) Additional Business; EWMIEXOTICS TASK FORCE A) Nextel Communications, Review of quotation received to improve communications for the 2001 EWM Harvesting Season (handout); B) Additional Business; 5. EXECUTIVE DIRECTOR REPORT 6. SAVE THE LAKE (*) Minutes from the 2/21/01 "Save the Lake" Advisory Committee; Additional Business; ADMINISTRATION A) Consideration of staff recommendation for compensation adjustment for part-time Administrative Clerk Jan Briner; B) Consideration of proposal received regarding District computer operations (handout); C) Additional Business; 8. OLD BUSINESS 9. NEW BUSINESS 10.ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS MEETING 7:00 PM, Wednesday, March 14, 21)01 Tonka 8ay City Hall CALL TO ORDER Chair Foster called the meeting to order at 7:05 p.m. ROLL CALL Members present: Bert Foster, Deephaven; Tom Skramstad, Shorewood; Lili McMillan, Orono; Doug Babcock, Tonka Bay; Craig Eggers, Victoria; Tom Gilman, Excelsior; Tom Seuntjens, Minnetonka Beach; Herb Suerth, Woodland; Katy Van Hercke, Minnetonka; Sheldon Wert, Greenwood. Also present: Chades LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members Absent: Andrea Ahrens, Mound; Bob Ambrose, Wayzata; Margaret Davis, Minnetrista; Craig Nelson, Spring Park. CHAIR ANNOUNCEMENTS, Chair Foster were no Chair announcements. READING OF MINUTES- 2/28/01 Regular Board Meeting MOTION: Gilman moved, Seuntjens seconded to approve the minutes of the 2J28/01 Regular Board meeting as submitted. Foster stated he would recommend two changes to the minutes. First, on page 14 under agenda item 2B, he would like to delete the words "the committed funds" and insert the words "commitment of funds". Second, he recommended adding another sentence at the end of the friendly amendment proposed by Babcock at the 2/28/01 Board meeting that would state that "Any leftover funds be kept in a separate account". He recommended these changes to the minutes as a friendly amendment. Babcock stated he supported the proposed change to the main motion; however, he did not support the change to the friendly amendment because it was not discussed at that meeting and he questioned whether member city funds should mixed in with private funds received for this project. Foster agreed that money received from the member cities should not be mixed with donor money received from private donations for this project. He believed this accounting could be done through the Save the Lake fund, with shortfalls from the member cities made up through Save the Lake funds that are targeted for this project that are committed. He suggested that the Board might want to take up further discussion of this later in the meeting. ,Fevere stated that the District is still speculating how this is going to work with Hennepin County. In many occasions, pin County might want the money up front for joint projects; however, that might not apply to this project because payroll expenses would be incurred over a period of time. He questioned how active the District would need to be in the payment of the funds to Hennepin County for this project and he explained a joint powers agreement would be in place before this is decided. Lake Minnetonka Conservation District Regular BOard Meeting March 14, 2001 Page 2 stated that he would change his friendly amendment for changes to the minutes to include only first proposed change, with discussion of his second proposed change to take place later in the meeting. Gilman and Seuntjens agreed to this friendly amendment. VOTE: Ayes (7), Abstained (1; Seuntjens); motion carded. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda. Mr. Jim Blakeway, President of the Halstead Area Wetland Preservation Group, requested the Board to take a position declaring jurisdiction on the Upland Farms project, including the marina and dredging aspects, with discussion planned on an agenda at an upcoming meeting. Babcock clarified that the District is not trying to exemise jurisdiction over the dredging aspect of the Upland Farms Project. Jurisdiction that the District could have over the Upland Farms Project is dock placement within the Lake Minnetonka zone. The rights of the District on the dredging aspect of the proposed project would be review and comments to the MCWD and the MN DNR, which has already been done. The tdgger point for involvement with the Distdct would when structures are placed in the water. Blakeway stated that the comment letter recently forwarded to the MCWD and the MN DNR stated that the District appears to have not made a decision on whether you have jurisdiction. He requested that the Board make a decision on jurisdiction sometime in the near future. Suerth questioned whether it would be appropriate for the Board to take a position on jurisdiction of the Distdct at this time. Foster stated that he would like comments at this pad of the meeting limited to a few minutes. If a Board member would like further discussion of this, it should be scheduled on a future 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. Wed moved, Gilman seconded to approve the consent agenda as submitted. Motion carded unanimously. Items for approval included: lB, 2001 Liquor License, staff recommends approval of renewal Intoxicating Liquor, Wine, and Non- Intoxicating Malt Liquor License applications as outlined in 3/8/01 staff memo; 2D, 2001 Multiple Bock Licenses, staff recommends approval of 2001 renewal without change multiple dock license applications as outlined in 3/8/01 staff memo; and 4A, Minutes and Repod from the 2/9/01 EWM/Exotics Task Force Meeting. 1. LAKE USE & RECREATION ': ~''' A. City of Shorewood, discussion of 3/1/01 and 2/8/01 letters encouraging support for the adoption of a resolution relating to the restrictions on the uso and sale of phosphorous lawn fedilizers. Foster introduced the agenda item, noting that Mayor Woody Love was in attendance to provide an overview and to answer questions from the Board. He stated that he believed the District strongly suppods what the City of Shorewood is trying to accomplish. He thanked Mayor Love for attending and asked him to provide an overview on the proposal. Love thanked the Board for the opportunity to discuss this issue, with discussion focussed on three aspects. They included: · He was prepared to discuss fertilizer with phosphorous in it and the impact it has on water resources. He did not expand on this in great depth because he believed the Board was well educated on this. Lake Minnetonka Conservation District ular Board Meeting 14, 2001 Page 3 · Several cities have begun to adopt phosphorus free ordinances once the dangers of phosphorous have become apparent. This becomes problematic because it tums citizens who want green lawns into criminals because of the lack of availability of the product and the difficulty of enforcing such ordinances. He expressed concern about results of educational campaign efforts over the years and the likelihood of the public to use phosphorous free fertilizers on their lawns. He reviewed funds spent by companies, such as Scotts Turf Builder, on the promotion of their products and how it impacts educational efforts. · To address the resistance from Scotts Turf Builder and the stress that such products place on our water resources, the City of Shorewood believes that the state legislature needs to place restriction on sale of the product. This restriction would allow for use of fertilizers with phosphorous in it for first year turf establishment and for lawns that have had a soil sample test in the last three years that indicates a need for phosphorous. · The proposed bill, which will be one of three bills introduced to the state legislature during this session, is the only one that would restdct the sale. There has been support of the proposed bill from the Minnesota Association of Watershed Districts, in addition to a number of other governmental bodies. He entertained questions or comments from the Board, and asked for a motion from the Board in support of the proposed legislation. Foster asked for comments on the draft resolution in the packet. Love stated that the draft resolution in the packet was prepared by Shorewood to save governmental agencies time if they wanted to adopt it. He stressed that Shorewood is not requesting that the Distdct adopt this specific resolution. He stated that the Board could adopt its own resolution or the Board could approve a motion expressing support of the proposed legislation. Foster stated that he understood that a main problem associated with this has been labeling requirements because the number on fertilizer bag identifying phosphorous content is the minimum number, not the maximum number. He questioned whether this has been addressed in the proposed legislation. Love stated that the proposed legislation deals with phosphorous contents. Any tricks that could be played with this by the suppliers would be enforceable. Foster asked the Board what direction they would like to proceed. He stated that he would support approving the sample resolution supplied by the City of Shorewood, Babcock asked if it is feasible to have staff make the editorial changes to the sample resolution provided by the City of Shorewood and have Board review of it at the 3/28/01 Regular meeting. Foster asked if this timeline would cause the City of Shorewood problems. Wood stated that support from the District later is fine; however, support now is even better. He suggested a motion supporting the project might be appropriate at this meeting, with a resolution approved at a future meeting to address the concerns raised by Babcock. MOTION: Seuntjens moved, McMillan seconded to adopt the sample resolution provided by the City of Shorewood, with the needed editorial changes, that supports state legislation that would restrict the sale of phosphorus fertilizer. Lake Minnetonka Conservation District Regular Board Meeting March 14, 2001 Page 4 Babcock stated that he supported the project on a technical basis; however, he has concerns approving the resolution at this meeting on a procedural basis. He explained that he believed the resolution would be stronger if it could identify and suppod specific legislation that has been introduced. VOTE: Ayes (7), Abstained (1, Babcock); motion carried. B. Schoell and Madson, Inc., review of 2000 Lake Minnetonka Boat Use Study. Foster introduced Meg Jeffrey from Schoell and Madson who was in attendance to provide an overview and summary on this agenda item. Jeffrey · · provided a 2000 summary of lake activities and sources. She made the following comments: Total boats counted were 16,073. Average number on weekend flights, from 5/29/00 through 9/4/00, was 1,223, with average number of boats per weekday flight of 430. Minimum boats observed were 179 on 8/30/00; maximum boats observed were 1,907 on 7/8/00. · The most heavily utilized lake area, as a percentage of total weekend activity, was Lower Lake North, on average accounting for 28.08% of boating activity. The least heavily utilized lake area was Libbs Lake, on average accounting for 0.09% of boating activity. · Public accesses on the average weekend were the source of 25.04% of boats on the water. Marinas and yacht clubs were the source of 23.04% on average weekends, with the remaining 51.92% contributed by riparian docks, undesignated accesses not monitored, and the accumulation of errors for all categories. · User attitude surveys were sent out as part of this project. Surveys received that were propedy completed included 297 homeowner surveys, 237 public access surveys, and 266 marina handout surveys. Copies of these surveys are in Appendix 1, with analysis of them in Appendix 2. · Digital photography was used in conjunction with this study that had a few glitches that would need to be addressed in future studies. Numbers were not quantified for boats rafting in Cruisers Cove. She stated that these boats skew the number of Lower Lake North because the are classified as no-wake boats. · She entertained comments or questions from the Board. Foster asked what the weather conditions were like in 2000. Jeffrey stated that she believed the weather was average compared to other years when the project was conducted. Weft asked how the District uses this information. Foster stated that the information is used as reference material in the management of the lake. McMillan asked if there was any feedback from the public on education and awareness of zebra mussels. Babcock stated that he believed that was part of the user attitude surveys. Nybeck stated that the survey sent out had a number of questions relating to exotic species and zebra mussels. Foster thanked Jeffrey on behalf of the Board. C. Update on Sheriff's Water Patrol Proposal for the 2001 Boating Season. Lake Minnetonka Conservation District ular Board Meeting 14, 2001 Page 5 Foster stated that he attended a recent Mound City Council meeting and that they have agreed to voluntarily participate financially in this project for two years. The District might need to front Mound the funds while they search where they are going to get funds to pay for this project, possibly from the police budget. He reported additional work is being conducted to go back to the Shorewood City Council. Babcock stated that he agreed with the comment from LeFevere earlier in the meeting that the District should pursue the concept that funds would not need to be paid entirely up front because they are incurred over the course of the year. He stated that he believed phased payments that are scheduled might be beneficial for both the District and the member cities. Foster asked for an update from staff on progress made with Hennepin County to release the funds and to get the project moving. LeFevere stated that he had been in contact Tom Church from Commissioner Tambomino's office. He brought in the County Attorney's office and he has been in contact with that office. The County Attomey has been waiting for feedback from the Sheriff's Office and that is where it stands at this point. Foster stated that he would contact Inspector Wilen from the Sheriff's Office himself because it is for their benefit. The Board discussed whether the District should be involved in the transfer of funds from the member cities to Hennepin County. The Board also discussed the concept of the Distdct including the member city payments as part of the annual levy process, with the need to get 3/4 of the member cities to agree to adjust the maximum levy allowed through resolution. Foster stated that he would like an account established for this project, through Save the Lake funds, specifically for funds received from private donors for shortfalls from the member cities. He stated 10 member cities have committed to assist in the funding of this project for 2001, with private donors committed to make up the shortfalls. Eggers arrived at 7:49 p.m. Van Hercke updated the Board on the concern of the City of Minnetonka on this project. Minnetonka agrees with the need for increased Water Patrol presence on the lake; however, they do not agree using the budget formula to determine the breakdown per member city. She stated that they might agree to an equal splitting of the commitment from the member cities, noting that they have approximately only 3.5 miles of shoreline. E. Additional Business. Foster stated that he would like to add a letter, dated 2/7/01, from Joe Simonette and Jeff Indahl to the agenda. He asked for a bdef overview of the letter. Indahl stated that he and Joe Simonette have a business plan for the lake to offer a fuel delivery service, through appointments only, to boats that are docked or on a lift. The service would be offered from a maximum tank of 500 gallons on a pontoon boat, at predetermined stops, at pdces similar to the commercial facilities around the lake. Foster stated that it appears as though there is a need to interpret whether this type of activity is allowed by the Code. Boat cleaning and beach clean-up services are currently being provided around the lake. He questioned whether the Board wants to permit or prohibit this type of activity. Lake Minnetonka Conservation District Regular Board Meeting March '14, 200'1 Page 6 Nybeck stated that staff has interpreted that the Code currently would prohibit this type of activity. He cited Code Section 3.01, subd. 18 that regulates commercial sales on the lake. The Code states that "It is unlawful for any person to sell food, beverages, supplies or other merchandise from any watemraft on the Lake; provided, however, that food and beverages may be sold on watercraft to passengers who leave the shore and return on the watercraft on which such food and beverages are sold". This takes into account the charter boat activity on the lake. He stated that this of activity would need an ordinance amendment with the applicant possibly needing to secure a permit from the District or other agencies. The Board discussed the difference between the selling of a product, such as fuel, and the selling of a servia, such as boat cleaning and shore clean-up. There was discussion relating to commercial sales within neighborhoods and whether member cities have ordinances restricting lhis. The Board discussed safety of the pontoon boat transpoding the fuel and the possibilities of fuel spills in the lake. The consensus of the Board was that the petitioners needed to provide the District a summary of governmental agencies that might have regulatory authority over this type of project, with a letter providing their comments on it. WATER STRUCTURE A. City of Deephaven, consideration of draft Findings of Fact and Order for approval of new multiple dock license and special density license applications for 222 Boat Storage Units (BSU's) on 4,639' of non-continuous shoreline. Foster entertained a motion to approve the Findings of Fact and Order for approval of the applications or comments from the Board. Babcock stated that he recalled the Board directed staff to review public amenities and to provide a report that documents whether the proposed public amenities meet the minimum points required by Code. He noted that the proposed draft Findings does not include this. Nybeck stated he recalled the direction for staff to further review proposed public amenities to ensure they meet Code requirements was for Tonka Bay Sales and Excel Uadna (Sites 1 and 2). LeFevere stated that he believed staff further reviewed the proposed public amenities by deleting some that were proposed and by adding some that the applicant agreed to. Nybeck stated that the Code requires minimum public amenity points of 61.5 for this proposed project. The public amenities outlined in the draft Findings of Fact and Order total 73. MOTION: Seuntjens moved, Gilman seconded to approve the Findings of Fact and Order for approval of th~:new multiple dock license and special density license applications as submitted. VOTE: Motion carded unanimously. B. Maynards, consideration of draft Findings of Fact and Order for approval of new multiple dock license and special density license applications for 40 BSU's on 397' of continuous shoreline. Nybeck stated that Code requires a minimum of 20 public amenity points for this facility, with 24 public amenity points outlined in the draft Findings. Public amenities proposed by the applicant, which are not included in the draft Findings, include a dock attendant, handicapped access to docks, and a home base for three different fishing contests. Meeting rooms were deleted from the public amenities at the request of the applicant, with the consolidation of food service in a seated facility and outdoor licenses food and beverage service. Lake Minnetonka Conservation District ular Board Meeting 14, 2001 Page 7 Babcock stated that he would like to add a dock attendant to the proposed public amenities in the draft Findings. MOTION: Gilman moved, McMillan seconded to approve the Findings of Fact and Order for approval of the new multiple dock license and special density license applications as submitted. Babcock questioned whether winter access should be approved as a public amenity if the facility utilizes deicing. The applicant states that they deice after March 15"~ of each year. Babcock recommended a friendly amendment that a dock attendant be added to the approved public amenities because it is adjacent to a residential facility. Gilman and UcUillan agreed to this friendly amendment. VOTE: Motion carried unanimously. C. Foxhill HOA, staff recommends the Board deny the 2001 renewal, without change, multiple dock license application, as outlined in 3/8/01 staff memo. Foster stated that staff has outlined some concerns they have had with the renewal application for Foxhill HOA. He believed the memo outlines the difficulties for the Board to renew the application as submitted by the applicant and staff recommends the Board deny the 2001 renewal, without change, multiple dock license application they have submitted. Nybeck provided some background on the recommendation from staff. He made the following comments: · Foxhill HOA, which is a grandfathered multiple dock facility for boat storage density, has been approved for 13 Boat Storage Units (BSU) from 1986 through the 2000 boating season. Prior to 1986, the facility was granted a variance in the late 1970% for 16 BSU's. Between the 1985 and 1986 boating seasons, the Association made a renewal application for 13 BSU's rather than 16 for unknown reasons. · The Association has indicated that they would like to get approval for 16 BSU's for 2001; however, staff informed them in December that the renewal, without change, application is not the right application to have this considered. Staff at that time indicated that the proper applications to be submitted for Board consideration were a new multiple dock license application, and possibly an application for variance from Code. Board member McUillan has been quite active in the communications with the Association. · Because the application submitted on 12/4/00 is approaching the 120 day window required by state law for the Distdct to precess completed applications, either the applicant should amend their applications to renew 13 BSU's for 2001 or the Board should deny the application. Staff requested a one-time extension from the applicant on the application submitted on 1/22/01. Babcock stated he has been aware of the issues at the Association and the renewal, without change, multiple dock license application is prohibited from increasing boats at a site by Code. Staff has made the applicant aware of this and evidently they have decided not to submit the proper application for Board consideration. McMillan stated when the City of Orono approved the development in the late 1970's, the Association was restricted to placing only the same of boats as there are houses on the lots. She questioned whether this might have confused the Association. There currently are 14 houses within the development, with two lots that are currently undeveloped. Babcock stated the 16 BSU approved for the facility in the late 1970's varies greatly from the dock installations in recent years. He believed the site has had many problems over the years that need to be addressed. Lake Minnetonka Conservation District Regular BOard Meeting March t4, 2001 Page 8 Mr. Peter Beck, an attorney from Gray, Plant Uooty, Uooty, and Bennett, addressed the Board on behalf of the Association. After discussion with representative of the Association, he stated his clients would like to amend their 2001 renewal, without change, multiple dock license to 13 BSU rather than the 16 BSU's originally applied for. This was outlined in a letter, dated 3/14//01. He stated that he believed it is in the best interest of all affected parties to determine rights and responsibilities with the Association. There is no logical explanation in the reduction of BSU's from 16 to 13 between the 1985 and 1986 boating seasons. He stated the Association is not seeking approval from the Board on this issue. Instead, the Association wants to work with staff and legal counsel in reviewing files in the District office, with the issue to be revisited at some point in the future. He concluded he believed some form of agreement will be appropriate with the Board in the future and he stated he would like to work towards those goals. Babcock agreed that there are a number of issues that need to be resolved. He stated that the applicant needs to understand that if the Board approves a renewal, without change, application for the 2001 season, the dock' installed needs to be consistent with the 13 BSU approved site plan on file in the Distdct office. There have been some docking infraction issues at this site in recent years and they need to understand that non-compliance with approved site plans cannot be continued for the 2001 season. Mr. Tom Crosby, representing the property owners who own the two undeveloped lots, stated the lots have been on the market for some time and they have no plans for them. He believed the Association is not looking for Board approval of 16 BSU's for the 2001 season. Instead, they are looking for clarification of the original 1978 multiple dock license to ensure that there would be authority to have a multiple dock facility with 16 BSU's approved. He stated that they are looking for an understanding from the Board, if all other requirements are met. Babcock questioned whether that authority exists with the Board because this facility has a density that is grandfathered and not currently allowed on the lake. He stated that he believed the Board could determine that this grandfathered right has been abandoned for the last 15 years. LeFevere stated that the Board might be discussing some land use concepts that do not apply to the water. He made the following comments: · On land, you can keep an existing grandfathered use to continue that right constitutionally, notwithstanding any changes to local ordinances. Additionally, the grandfathered status can be lost in this context if there is abandonment or an intent to abandon. · In the water, these grandfathered rights are not guaranteed because it is public waters. The existing use, which was lawfully created, can be reduced by the Board, similar to the Minnesota State Supreme Court case that allowed the Distdct to reduce dock lengths of commercial marinas. · The question is not abandonment or the intent to abandon. A grandfathered right can be established either because it is constitutionally mandated or established through legislative grace. The Board could make a determination and make ordinance changes, if necessary. The question for the Board is what they want to do with this type of a situation. · The question of grandfathering of this multiple dock facility focuses on boat storage density. Code states that non-conforming use sections shall not apply to moodng areas or structures which were lawfully in existence on 3/31/82. There are a number of non-multiple dock facilities that are not licensed around the lake that fluctuate in numbers from year to year. · In this proposed case, them has been a pretty extensive period of time since 16 BSU's have been approved. The Board needs to focus on whether it is reasonable to allow the Association to go back to a pre-existing approved facility. He believed this is a policy decision that the Board needs to make. MOTION: Wed moved, McMillan seconded to approve the 2001 renewal, without change, multiple dock license application for 13 BSU's, as amended in writing by the Association in the Peter Beck letter, dated 3/14/01. Lake Minnetonka Conservation District ular Board Meeting 14, 2001 Page 9 VOTE: Motion carried unanimously E. Tonka Bay Sales, review of draft Environmental Assessment Worksheet (EAW) document for new multiple dock license and special density license applications for 18 BSU's on 475' of continuous shoreline. Foster stated that staff has prepared a draft mandatory EAW document for review by the Board, prior to submission to the Environmental Quality Board. He entertained a motion to submit the draft EAW document to the EQB. MOTION: Babcock moved, McMillan seconded to approve the draft EAW document as submitted, and to direct staff to submit it to the Environmental Quality Board (EQB). Nybeck recommended one friendly amendment to the document on page 4 under question number 12. The applicant has indicated that dredging might occur in the future and that the EAW document should be changed to reflect this. He recommended language to be added under question 12 include" The applicant has indicated that application may be made for dredging in the future". Babcock and UcUillan agreed to this friendly amendment. VOTE: Motion carded unanimously. Excel Marina (Sites 1 and 2), review of draft EAW document for new multiple dock license and special density license applications for 78 BSU's on 784' of continuous shoreline at site 1 and 12 BSU's on 129' of continuous shoreline at site 2. Foster stated that staff has prepared a draft mandatory EAW for review by the Board. He entertained a motion by the Board to approve the draft EAW document and to direct staff to submit it to the Environmental Quality Board. MOTION: Babcock moved, McMillan seconded to approve the draft EAW document as submitted, and to direct staff to submit it to the EQB. Seuntjens recommended a friendly amendment to this document on page 5 under question number 15. He stated that the number of watercraft stored at this facility should read "from 84 to 90" rather than "from 78 to 84". Babcock and UcUillan agreed to this fdendly amendment. VOTE: Motion carded unanimously. G. Additional Business. Foster stated that City of Mound has approved revised mapping, utilizing aedal photography already conducted by Mark Hurd, to get a more accurate detail on shoreline dedicated towards their multiple dock license. The technology is not as accurate as your standard survey; however, it is an improvement on what they currently have. The technology would include using ovedays on aerial photographs already taken. The Mound City Council approved the expenditure for this project, subject to the Distdct being willing to accept this technology in lieu of a survey. He asked for comments or feedback from the Board. The Board discussed the technology proposed by the City of Mound. A summary of the Board comments is detailed below: · They were not familiar with the technology to develop shoreline data. The Board applauded the efforts of Mound to update shoreline data and to establish more accurate information than is currently available. The Board discussed the +/- 0.1 feet tolerance for the vertical elevation; however, there was no tolerance stated for the lineal measurement. [,.,~--~ Lake Minnetorika Conservation District Regular Board Meeting March 14, 2001 P. age 10 · There was discussion that the Board generally does not dispute the information submitted by its member cities in connection with multiple dock license applications, noting the Board does not anticipate such dispute with Mound in the future. If the technology employed has a margin of error, the Board may determine that it is reasonable to assume that the shoreline length is on the Iow end of any "plus or minus" measurement calculations. · The Board discussed precedent and how it would be used in neighborhood disputes. The Board determined that if there is a specific dispute about information developed by the aerial survey, or if the information proves to be substantially differenl than measurements established by more traditional survey techniques, the District could require actual surveys to be conducted. MOTION: Wed moved, Seuntjens seconded to authorize Chair Foster to work with Board member Babcockl LeFevere, and staff to forward a detailed letter to the City of Mound, expressing general support of the technology with comments discussed by the Board. VOTE: Ayes (8), Nayes(1, Gilman), motion carried. 3. FINANCIAL A. Audit of vouchers (2/16/01 - 2/28/01). MOTION: Seuntjens moved, McMillan seconded to approve the audit of vouchers as submitted. VOTE: Motion carried unanimously. B. January financial summary and balance sheet. The Board tabled review of this agenda item to the 3/14/01 Regular meeting. C. Additional Business. There was no additional business. 4. EWM/EXOTCS TASK FORCE B. Review of recommendations from the EWM Harvesting Program Working Group. Nybeck stated that the document outlining discussions of the Working Group was a lengthy document so he would like to focus on recommend;;lions, unless a Board member would like to discuss other aspects of the document. The pickup that the Board authorized the pumhase of at the 2/28/01 meeting from Superior Ford was placed on order on 3/5/01. Additionally, the Board authorized staff to enter into a contractual agreement with Curfman Trucking and Repair, Inc. as the 2001 EWM Fleet Mechanic for a fiat rate of $25,000 for the duration of 4/15/01 through 9/15/01. This cont[act has been prepared and agreed to by both staff and the contractor. He asked for recommended changes from the Board or approval of the contract. MOTION: Suerth moved, Weft seconded to approve the contractual agreement with Curfman Trucking and Repair, Inc. as the 2001 EWM Fleet Mechanic. VOTE: Motion carded unanimously. Nybeck stated that staff is prepared to make a recommendation on the purchase of an enclosed trailer for the harvesting program. Quotaiions were received from three companies that meet the minimum specifications Lake Minnetonka Conservation District ular Board Meeting 14, 2001 Page 11 established by the Working Group. They included Brinkmans, Inc., Top Trailer, and ACE Trailer Sales. The Iow quotation was received from Top Trailers in the amount of $3,620.00, excluding sales tax and license fees. He recommended that this purchase be made from Equipment Funds and that there should be some additional funding allowed for set-up of the trailer inside. MOTION: Wert moved, McMillan to authorize staff to purchase the new enclosed trailer from Top Trailer for an amount of $3,620.00, excluding sales tax and license fees, and to authorize additional funds to set-up the inside of the trailer, with all expenditures not to exceed $5,000.00. VOTE: Motion carded unanimously. C. Additional Business. There was no additional business 5. EXECUTIVE DIRECTOR REPORT Nybeck stated that a wdtten Executive Director Report was included in the packet that summarized staff activities from 215101 through 3/9/01. SAVE THE LAKE A. Minutes and meeting report from the 2/21/01 "Save the Lake" Advisory Committee. This agenda item was tabled to the 3/28/01 Board meeting. B. Review of the draft 2001 Save the Lake Budget. McMillan reviewed projected revenues and expenditures in the 2001 Save the Lake Budget. Projects that she highlighted in this budget included the increased Water Patrol presence, special deputy recruitment, special deputy court fees, Hennepin Parks Water Cladty Testing, the Lake Uinnetonka Association (LMA) zebra mussel program, the Winter Ice-Cleanup project, and a lakescaping presentation. Wert suggested that a revenue line and an expenditure line might be added to this budget for donations received for the Water Patrol project. MOTION: Gilman moved, Weft seconded to accept the 2001 Save the Lake Budget, with an amendment to include line items for revenues and expenditures for the Water Patrol project. VOTE: Motion carded unanimously McMillan stated that she would like Board approval on the Lake Minnetonka Water Clarity Testing Program with Hennepin Parks. MOTION: Gilman moved, Babcock seconded to authorize $2,500 of Save the Lake funds for the 2001 Hennepin Parks Water Clarity Testing Program. VOTE: Motion carried unanimously UcUillan stated that she would like a $500 expenditure approved by the Board for the LMA zebra mussel program. Lake Minnetonka Conservation District Regular Board Meeting March '14, 200'1 Page12 MOTION: Suedh moved, Seuntjens seconded to authorize $500 of Save the Lake funds for the 2001 LMA zebra mussel project. VOTE: Motion carded unanimously. McMillan stated she would like to continue on the shoreline buffer presentation project that was done last September on Long Lake. The project would focus on a short, visual presentation for city councils and member cities around the lake to education them about the concept of shoreline buffers. She recommended the Board authorize $1,000 of the $3,000 budgeted for lakescaping to prepare the powerpoint presentation and a resource handout, working with Fortin Consulting. MOTION: Suerth moved, Suentjens seconded to authorize $1,000 of Save the Lake funds to initiate the 2001 shoreline buffedng presentation project. C. Additional Business. There was no additional business. 7. ADMINISTRATION There was no discussion. OLD BUSINESS. There was no old business. 9. NEW BUSINESS. McMillan stated that she attended the last EWM/Exotics Task Force meeting and zebra mussels were discussed. She recommended that a meeting be planned with the commercial marinas to discuss zebra mussels, other exotic species, and other issues around the lake. She thought that this would be a meeting that would beneficial to all parties. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 10:35 p.m. Albed Foster, Chairman Tom Skramstad, Treasurer VOb XVIII NO 4. H l- NOTE - 2oo PRESIDENT'S MESSAGE March 22, 2001 Dear Members and Friends, We would like to let you know that the new senior center is coming along nicely. They are presently working on the underside of the front canopy and .the stonework is done on the base of the pillars. The interior walls have been sheet rocked and are ready to be painted. The elevator is scheduled to be installed beginning the third week of April and will take almost three weeks for the installation to be complete. We still have been told to give a "word of warning" about coming on to the property. "The combination of mud and ice makes for hazardous walking" according to Project Manager, Lowell Olson from Yanik and Associates. As soon as weather permits, the final landscaping and grading will begin. Then ..... we will be able to take a field trip to see our new center. Isn't that exciting?! Now some news about TRIAD. We were so sad to lose our kind and caring friend, John Ewald, who founded and has represented the Mound Police Department for so many years. He retired and has moved with his family to California. We wish him well. Our new officer will be Sam Nelson, a Mound graduate and member of the Mound Police Department for six years. Our next meeting will the second Tuesday of the month and Chief Len Harrell will give a demonstration on personal protection. All of our members are welcome to join the group. It would be nice to have a big crowd. The Pretenders just put on a performance for Shirley Hills Elementary School and had a lot of fun. If anyone is interested, please come any Friday morning at 10:00 am and sit in on our practice. We would love to have new members. See you at the next Business Meeting on Tuesday, April 3rd. Marilyn Byrnes President o ~.~ o= o -- >~ i ~ ~ ~ ~ m ~ ~ ~ ~ N N I~ ~ ~ ~ _ ~ 0 ,~ I ~ ~ ~ - ~ o ~ ~ ~ = =~ . ~ , ~ ~ _=mm m = 0~-=~>~ ~ = =.; ~ = -.= o~ ~ ~ ~ ~ .~ n~ ~ 0 ~' , 0 0 ~ ~ ~ ~ m ,, 0 ~ ~ ~ ~ ~ ~__ mm = ~ ~ m~o ~ . ~ .... ·, ~o~ g ~ : ~~ ~ _. ~ = ~ = -- u 0 -- = .... = ~ n, m ~ o~ ~ ~ o . ~ 5' 00 ~ ~ ~ ~ O- E u m ~ = ~ ~u --' ~ ~ ~ ~ m · · ~ .... ~ --. m 0 0 _ = ~ ~. o ~m ~' ~ ~~ g ~' ~ m_=~ -- --m m= ~ m x x x x x ~ o ~ o ~ o ~ 0 ~ ~-. - ....~o ~.~ ~ ~ ~ 0 ~ o o ~ ~ ~ ~ ~ 0 ~ ~ < ~ 0~ ' ~'~'>'~' -~o~'-~°' [~ g~ -o ~~: ~ ~ _.~. , O~o ~. o~ ~. ~... ~ -- ~ ~ ~ ~ 0 N --' ~ ~ ' ~-- ~_.~ o~5'~ z ~ = · .... -. ~mo~ N - 0 ~ -' m~o -- m = ~ m mB o -'= ~m~ ~ ~= mO.=~ -o =m~ = m o o = o~o~ ~ ~ =~ = ~x~ mm = ~ m mm m o ~ m o =~ ~ ~' ~ ~-- , ~ =~' ~= m ~ ~ 0 ~ 0 ~'~o' ' -- ~ o o o--~ o o~ oo =o =o ~o =o =o 0 ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 0 ::r ~ 0 0 (Po WI 0 0 ~ ~ 0 ~ ~ o ~ ~ ~ ~ ~ 0 ~ ....~ ~ ~=c = o =' '~ ~ =~ ~= -- -~ = ~ = o~ m._ ~, =-.,,~'~.~ ~-. ~ :~ ~ ~ ~= =o ~=~- ~ =~ ~, =.= {~ ~ ~,- ~5'5. ~.3~ ~ == m ~,~ =o o ~ 5'= I ~ I 0 ~ · _.~ 0 ~ 0 m -- ~' ~. = m m = o 0 · 0 · ~ ~ 0 0 0 o o -.~ o~. o ~ o o .... =~= = 0 m m 0 m o o o 0 ~ 0 ~ ~ ~ 0 ~ 0 ~ 0 ~ 0 0 ~ 0 0 0 ~ ~ ~ E ~ 0 o = ~ m o g~ c = b~ oo ~ ~ ~ ~ ~=~ c. , ~-, _~~.o~,.~_. ~ o ~- o ~ o ~ o ~ -.~= ~ o~ ~ ~ =m,.,~ ~ -- ~.~. ~ o 0 ~ m ~ m m ~ B' m o m ~ o~'~ ~ = o ~ 8~©~ ~ ~ ~ ~ -- ~.~. = _= ~ ~ _. ~ o ~ ~ o ~.~ .... _.~ ~' ~o o o =~ ~ ~ ~'~ -' 0 · 0 · 0 ~ · 0 0 0 · 0 ~ ~ · o · o · =o~o =o =o=o=o =o =o 0 m m 0 ~ 0 0 ~ 0~ m ~ -. 0 ----: T 0 ~ p =~'~ > ~ ~' ~ m ~ -- ~ ~ ~q ~ ~ o o.~ o ~3 ~ ~= ~ -- --- -- < ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 o ~x = ~ - .... ~~ ~~ ~ z~o~o~ ox ~ ~ 0 ~ m~ ~ u 0 ~ ~0~ = = ~o S m< ~ ~ ~ ~ o ~=~' I ~= ~ I ~ o ~ = ~O~i < ~m ~B'm m ~ ' ~.m ~ F~ ='--~" ~ P ~ I m ~o o~~om ~ ~ o = % = u _. -- O~ ~ ~ ~ ' --' ~ ~ ¢~ ~~ ~ ~ --' ~ ~, ~ 00 -' ~ ~ ~ ~ --' o~ o~m ~ e ~'~ 0 ~ 0 0 ~ 0 ~ 0 35' C 0 E 0 0~ WINE from A1 Chairman contends some lobbo4sts went over the line "I don't really know who he's talking about," said Jim Farrell, a former House mem- ber who assembled the coali- tion as executive director of the Minnesota Licensed Bev- erage Association. "We're truly the underdogs in this. I don't think we're capable of intimi- dating anyone." In an interview later, Da- vids declined to single out any lobbyists or detail their al- leged misconduct, although he said not all the antiwine forces were guilty. But he said some had gone "over the line" of ethical lobbying to mimic the pressure tactics of abor- tion-opposing crusaders, with whom he has feuded even though he opposes abortion rights. "That is a bunch of crap," said Paul Kaspszak of the Minnesota Municipal Bever- age Association. "If that was true I wouldn't be a part of it. And I would know, because I'm in every meeting." Forces aligned against the bill, besides liquor sellers seeking to maintain their mo- nopoly on wine, included public health advocates, po- lice chiefs, opponents of teen- age drinking, Teamsters unionists and the recently re- cruited Mothers Against Drunk Driving. On the opposite side, the Minnesota Grocers Associa- tion and a grocery workers union had little other orga- nized support, but had mounted a sophisticated pub- lic relations and lobbying campaign that mustered sur- prising legislative support. Given little chance at the beginning of the session, the bill was within two votes of passage by the Commerce Committee on Thursday, ac- cording to Farrell's unofficial count of 12 legislators in favor and 14 against. But the vote never oc- curred, as House sponsor Barb Sykora, R-Excelsior, moved to lay over the bill un- til next year. "It's not going away," she said. "You may not have to take a vote on this measure now, but you will have to take a vote in the future. Like good wine, this will only get better with age." Before withdrawing the bill, however, Sykora put in a final plug for it, saying that consumers want the conven- ience of wine in grocery stores and that modem supermar- kets' broadened offerings of nonfood items haven't driven drugstores, florists and greet- ing card shops out of busi- ness. She said provisions in the bill for veiling the ages of all wine buyers, regular compli- ance checks and measures to prevent theft of wine went be- yond the efforts of most liquor stores to keep alcohol out of minors' hands. And she said the bill would help build stronger families. "It gives families a little more time if they don't have to make an extra stop before they get home and entertain people," she said. -- Conrad deFiebre is at cdeflebre@startribune, con~ TO: Pinky Charon FROM: Haxfield Research Inc. 04-02-01 o3:45pm p. I of I REAL ESTATE RESEARCH CASE STUDIES April, 2001 Maxfield Research's Insight Maxfi...Id Research has ~ver 18 :/ears of experience In markel research. The e:~pertJse we have gaiqec throughoJt the years enables us to offer solut one ;o the many issues cities & cevetopers face, The relalion~hip we develop with our clients is a critical compo'~ent ;o the success of our approach to housing re~earch and allows u~ to sen,,e as a source of direction and :nformation dudng development and plann nO, Our involvement in t'~e houein§ industry allows us to support oar clients with valuable information regardhg regulations and industry news that affect planning anc devebl:ment. ~Ne also have the insight to delsrmine viable solutions to the Iss.~es Inherent to planning for growth. We 2rovlde research for ~mart developmen:. Redevelopment is Win-Win Situation Early results from the 2000 Census indicate :hat Twin Cities population growth exceeds Metropolitan Council projections f~r the 1990s. While strong growth was good news for housing developers, strong ;r~wth has created a shortage ~' raw buildable land within Metropolitan Urban Services ~rea (MUSA), Coupled with the row land sbor:age, the high price of available land has developers scrambling for sites they find feasible. Faced with this difficult task, some developers are finding tha~ there is great opportunity to redevelop in-fill parcels in the central cities and inner-ring suburbs. In the past, when raw land was plentiful in the outer-ring suburbs, inner, ring suburbs had difficulty finding developers willing to tal<e on the challenges of redeveloping - such as land accuisition, demolition cos;s, soil cortamination abatement, and the creativity required r.o make a project fit into the n=.ighborhood. While redeveloping in-:ill sites typically requires public assistance, most ckles see It as a worthwhile investment. This is because the land uses replaced are typically undesirable or, at best, under performing. Also, the redevelopment of these under performing sites often act~ as a catalyst to other improvements in the area - and evemually an overall increase in tax revenues. Rede,elopmem is usually a win- win s~:ua:ion. Developers wm because they get to build a produc:, cities win because of the even:ual increase in to× revenues, prospective residents win because of the new housing options provided, and the neighborhood wins because o': :he improvements made. Over the past five years, Maxfield Research has helped numercus municipalities and developers determine the market potential for variou~ types of housing on in-fill sites wi:Pin the Twin Cities. In all cases so far, we have found that there is great demand f~r a variety of housing types and prices. We believe that findirg raw land at feasisle prices will become increasingly problematic for developers over the next decade arc :hat ~hey will in-turn look for oppor',unities to redevelop in-fill parcels in the core suburbs. Sl,~cs 1983. ~exfleld has been hel¢ln9 cll[e¢ and mu,~lclpgltfles througho~;r the needs If >'gu ~'ou13 tike infom'atio,~ on how Mo~IelC con he/~ ~u ~e your planning decisions, co,~t~ct J8~ Thompson ar $~2,9C4,7~73. Maxfield Research Inc.. 5[0 ,Viar,:~uC:te Avenue · Suite 3C0 · IVinrea;oLi$, ~h - 55402 · pho,~ 512,~38,00t2 · ,~x 612..=38.5Z88 KARE-11 Nexvs" Full Stoo' Page I of 5 MCRNtNG SHOWS RECIPES EXTRAS EXPLORE MN HOME RESCUF;CE S HEALTH TRAVEL MN EMPLOYMENT PROGRAMS PERSONALITIES COMMUNI~'Y NE'~¥COME RS FAGS CONTACT US SEARCH les Census Data: Cities over 5,000 Cities grow while smaller towns shrink. New figures from the U.S. Census show the populations of many large cities continued to grow, while small towns kept shrinking. Cities can grow through migration, when births exceed deaths and through annexation. All comparisions are between the 2000 census and the 1990 census. NAME 2000 1990 Percent Population Population Change Albert Lea 18,356 18,310 0.3 Alexandria 8,820 7,838 12.5 Andover 26,588 15, 216 74.7 Anoka 18,076 17,192 5.1 Apple Valley 45,527 34,598 31.6 Arden Hills 9,652 9,199 4.9 Austin 23,314 21,907 6.4 Baxter 5,555 3,695 50.3 Bemidji 11,917 11,245 6.0 Big Lake 6,063 3,113 94.8 Blaine 44,942 38,975 15.3 Bloomington 85,172 86,335 -1.3 Brainerd 13,178 12,353 6.7 Brooklyn Center 29,172 28,887 1.0 Brooklyn Park 67,388 56,381 19.5 Buffalo 10,097 6,856 47.3 Burnsville 60,220 51,288 17.4 Cambridge 5,520 5,094 8.4 http://www, kare I 1 .com,'news-article. html?NEWS iD=19235 3/28/200 l KARE-1 l News" Full Story Page 2 ors Champlin 22,193 16,849 Chanhassen 20,321 11,732 Chaska 17,449 11,339 Cloquet 11,201 10,885 Columbia 18,520 18,910 Heights Coon Rapids 61,607 52,978 Corcoran 5,630 5,199 Cottage Grove 30,582 22,935 Crookston 8,192 8,119 Crystal 22,698 23,788 Detroit Lakes 7,348 6,635 Duluth 86,918 85,493 Eagan 63,557 47,409 East Bethel 10,941 8,050 East Grand Forks 7,501 8,658 Eden Prairie 54,901 39,311 Edina 47,425 46,070 Elk River 16,447 11,143 Fairmont 10,889 11,265 Falcon Heights 5,572 5,380 Faribault 20,818 17,085 Farmington 12,365 5,940 FergusFalls 13,471 12,362 ForestLake 6,798 5,833 Fridley 27,449 28,335 Glencoe 5,453 4,648 Golden Valley 20,281 20,971 Grand Rapids 7,764 7,976 Ham Lake 12,710 8,924 Hastings 18,204 15,445 http://www, kare 11.conYnews-article.html?NEWS ID= 19235 31.7 73.2 53.9 2.9 -2.1 16.3 8.3 33.3 0.9 -4.6 10.7 1.7 34.1 35.9 -13.4 39.7 2.9 47.6 -3.3 3.6 21.8 108.2 9.0 16.5 -3.1 17.3 -3.3 -2.7 42.4 17.9 3/28/2001 KARE- 11 News" Full Sto~ Page 3 of 5 Hermantown 7,448 6,761 Hibbing 17,O71 18,O46 Hopkins 17,145 16,534 Hugo 6,363 4,417 Hutchinson 13,080 11,523 International Falls 6,703 8,325 Inver Grove Heights 29,751 22,477 Lake Elmo 6,863 5,903 Lakeville 43,128 24,854 Lino Lakes 16,791 8,807 Litchfield 6,562 6,041 Little Canada 9,771 8,971 Little Falls 7,719 7,232 Mahtomedi 7,563 5,569 Mankato 32,427 31,477 Maple Grove 50,365 38,736 Maplewood 34,947 30,954 Marshall 12,735 12,023 Mendota Heights 11,434 9,431 Minneapolis 382,618 368,383 Minnetonka 51,301 48,370 Montevideo 5,346 5,499 Monticello 7,868 4,941 Moorhead 32,177 32,295 Morris 5,068 5,613 V/MOund 9,435 9,634 Mounds View 12,738 12,541 New Brighton 22,206 22,207 New Hope 20,873 21,853 http://www, karel 1.com/news-article. html?NEWS ID=19235 10.2 -$.4. 3.7 44.1 13.5 -19.5 32.4 16.3 73.5 90.7 8.6 8.9 6.7 35.8 3.0 30.0 12.9 5.9 21.2 3.9 6.1 -2.8 59.2 -0.4 -9.7 -2.1 1.6 0.0 -4.5 3/'28/2001 [(ARE- 11 News" Full Story Page 4 of 5 New Uim 13,594 13,132 North Branch 8,023 1,867 North Mankato 11,798 10,164 Northfieid 17,147 14,684 Oakdale 26,653 18,374 Orono 7,538 7,285 Owatonna 22,434 19,386 Plymouth 65,894 50,889 Prior Lake 15,917 11,482 Ramsey 18,510 12,408 Red Wing 16,116 15,134 Redwood Falls 5,459 4,859 Richfi el d 34,439 35, 710 Robbinsdale 14,123 14,396 Rochester 85,806 70,745 Rosemount 14,619 8,622 Roseville 33,690 33,485 Sartell 9,641 5,393 Sauk Rapids 10,213 7,825 Savage 21,115 9,906 Sha kopee 20,568 11,739 Shoreview 25,924 24,587 Shorewood 7,400 5,917 Spring Lake Park 6,772 6,532 St. Anthony 8,012 7,727 St. Cloud 59,107 48,812 St. Louis Park 44,126 43,787 St. Michael 9,099 2,506 St. Paul 287,151 272,235 St. Paul Park 5,070 4,965 St. Peter 9,747 9,421 http://www, kare 11.com/news-article. html?NEWS [D= 19235 3.5 329.7 16.1 16.8 45.1 3.5 15.7 29.5 38.6 49.2 6.5 12.3 -3.6 -1.9 21.3 69.6 0.6 78.8 30.5 113.2 75.2 5.4 25.1 3.7 3.7 21.1 0.8 263.1 5.5 2.1 3.5 3/28/2001 KARE- 11 News '- Full Story Page :5 of 5 Stewartville 5,411 4,520 Still water 15,143 1 3,88 2 Thief River Falls 8,410 8,010 Vadnais Heights 13,069 11,041 Virginia 9,157 9,410 Waconia 6,814 3,498 Waite Park 6,568 5,020 Waseca 8,493 8,385 White Bear Lake 24,325 24,704 Willmar 18,351 17,531 Winona 27,069 25,399 Woodbury 46,463 20,075 Worthington 11,283 9,977 19.7 9.1. 5.0 18.4 94.8 30.8 1.3 4.7 6.6 131.4 13.1 Hosted by VISI.com Built in partnership with botWerks Return to News main page_ Terms and Conditions of Use Questions, comments or suggestions? Contact Us ©1998,1999,2000,2001 KARE 11. All rights reserved. KARE-11 is a division of Multimedia Holdings Corporation http://www, kare I 1.corru'news-article. html?NEWS ID= 19235 ~ ,,'") / -~/= 8/200 l Community Actzo for Suburban Hennepin Volume 1. Issue 1 Winter 2001 We've all noticed the drastic increase in our recent gas bills. Most of us are shocked but while it may put a crimp in our budgets, we can still pay the bill. Unfortunately, many Minnesota households don't have extra money in their budgets to afford these increases. Some families are forced to forego es- sential expenses, such as food, to stay warm during the cold Minnesota winter. That's where CASH and the Energy Assistance Program (EAP) step in. EAP provides financial assistance to Iow- income households to help with energy costs and re- pairs. Households that qual- ify can receive a one-time grant to help pay part of their annual energy costs. Many households may get behind in paying their utility bills because they don't realize they are eligi- ble for assistance. However, "households do not have to be disconnected, or facing a disconnection by a utility to apply," explained Para Tienter, CASH's Director of Energy Programs. If they meet certain income requirements and have less than $25,000 in liquid assets, any household, from homeowners to renters, may be eligible for assis- tance. EAP's program has already been successful in help- ing more than 3,000 households receive primary heat assistance in 2001. On average, each house- hold received approximately $319 to help with ris- ing energy costs, for a total of $1,150,800 spent. In addition to grants for primary heat assis- tance, EAP also provides the following services: · Help to resolve immediate heating emerg~- cies by working with Heatshare, Hennepin County and emergency service provides. · Financial assistance, advocacy and counsel- ing to households experiencing no heat emergencies. · Help for households with extraordinary hardship or those not otherwise eligible for energy services through the Reach Out for Warmth Fund. · Weatherization services to help reduce the household energy burden. To reduce the energy burden on Iow-income households, EAP looks to a variety of sources for help. While most of the money comes from grants through the state fuel fund, local dona- tions and fundraising activities are becoming an increasingly important source of assistance. If you would like more information on how you can help, call EAP at (952) 930-3541. Tl~r s d e~V, 3t ~r ~.~ 22, 200 1 if you would like to attend coil (952) 933-9639 x200. In 1985, under deslgnotlon from the Hennepln County goard, Community Action for $oburban Hennepin (CASH) was created to coordina'~ and assist all efforts to identify and meet the needs of Iow-income families and individuals in suburban and rural Hennepin County. CASH has attempted to do this by financially supporting the efforts of others and by offering direct services to the commmity at large. As we enter into a new decade, century, and millennium, the need for CASH to continue to be both a fund source and direct provider of non-duplicated services is clear. It is equally clear that CASH is needed ta coordinate existing and new services to help improve access to the rapidly growing Iow-income population that lives in the 45 communities within suburban and rural Hennepin County. To do this, CASH needs to renew old partnerships, forge many new partnerships, and earn the trust and sqa- port of the community and its service providers who are here now and those that will loin us with new and ~- citing programs in the near and distant futures. Thus, we now embark on the very first step toward that laf-ty goal of creating a quarterly newsletter to help you get to know us better. We hope to encourage everyone living in rural and suburban Hennepin County to improve their understanding of poverty and its devastating effects by volunteering at their nearest community service argmizatian. Whether it be a community resource center, food shelf, senior nutrition program, community action agency, or church program, you are needed to volunteer your time, abilities, and, of course, money to help these agencies meet the overwhelming needs of Iow-income families and individuals throughout rural and suburban Hennepin County. ~'~'"~ The City of Independence has a new reason to be proud of their ~~j~j~ mayor, Marvin Johnson. Mayor Johnson is the most recent recipi- ent of The American Hometown Leadership Award for Outstanding Leadership from the National Center for Small Communities (NCSC). Ca-sponsored by Wal-Mart Stores, the award (and $5,000) honors Johnson for outstanding leadership qualities, creativity, and initiative needed to bring a measure of excellence to his work. Community Action for Suburban Hennepin (CASH) wrote the leadership nomination based on the design and completion of the Waste Water System around Lake Sarah and Lake Independence. In accepting the award, Johnson acknowledged that city staff and council members also deserve credit for the success of the project. Johnson, appointed by the Hennepin County Board of Commissioners to serve on the CASH Board, has acted as treasurer for the past two years. In this capacity he plays a very important role in CASH's social service programs which serve residents of rural and suburban Hennepin County. At a recent Independence City Council meeting, a vote was taken and a decision was made to do- nate $2,000 of the award to CASH for submitting the nomination on behalf of Mayor Johnson. The presentation of this donation was made at the No- vember 2000 CASH board meeting. Marvin Johnson presents a check for $2,000 to Mart), Kirsch, CASH Board Chair, and Rich Zierat, CASH r-xecutive Director. Bill Davis and Eddie Vanacek refurbish donated cars to hetp iow income families get to work and transition off of welfare assist ante. It all began in 1999, when CASH and the West Hennepin Employment Partnership (WHEP) de- veloped a pilot car donation program with funds from the McKnight Foundation. They real- ized there was a need for transportation among Iow-income families who couldn't get to work by riding the bus or walking. So they be- gan a campaign to accept donated vehicles that could be recycled to assist these families. Bill Davis was hired to coordinate car donations and repairs so refurbish cars could be given to those in need. He subsequently found Eddie's Auto to help repair the cars. Since Eddie started assisting the program, he has gone above and beyond just repairing the vehicles. Eddie provides the program with free estimates and reasonable repair rates; allows CASH to store cars in his lot at no charge; and donates his time to help transport vehicles. Persons in neect apply to the program through local community service providers who have partnered to form WHE?. So far this year, CASH and WHEP have given vehicles to 16 families. These vehicles have helped 15 of these families keep their iobs and many have been able to move off of welfare assistance. Beyond getting to work, the car donation program helps families get to school events, daycare, medical appointments, gro- cery stores and much more. Thanks to Eddie's Auto and all who have donated to the program! If you have a car to donate or want to support the program in other ways, call Bill Davis at (952) 933-9639 x208. ~:. _ouis ~ark Emerg~'~c',,, Program iSTP: ~t],Jns Area :am~v z~source Cen~er '~ ..........~ ~zmmuni~v &ssocia~cn (IC,z', ,',%:onka 3mmu~', ~c:ion Network (WeC~N~, ~Joym~ Ac:~o~ ~e-ter ~uburban P~:hwaN ~:~Jt Options ~n E~uca~ion IN 2000. CASH HELPED I .~--~FAM!LiESTRANS;T!C:NI"4G--.~CM".VE,?:: ' ' ~<BY PRC',,/1DiNGTHE FOLLOW1NGSERV1CES: CAR P, EPAIR ASSIS'"'ANCE ENERGY ASSISTANCE CRiSiS INTER'/E N'-iO N ~UDGETCOUNSELiNG ON-THE-JOB --RAh'%;N G Z'C, RE CLOSURE = RE'/ENTTON i Z'/CCACY ~ CASE ~,4ANAGEMENT -~ E";T.i~ -C~S %3 EEUCATiGN SPECIAL THANKS TO SARA PEARCE FOR HELPING CASH D~LOP ThIS NEWSLETTER! Non - Profit Org. U.S. Postage PAID Permit # 103 City of Mound 5341 Maywood Rd. Mound, MN 55364 Investing m People, [3uddmg ('ommumty CITY OF MOUND Community Development Director Position Profile The City of Mound, Minnesota ( mlnunity Development Director Position Profile The Community The City of Mound, within file ring of the Twin Cities metropolitan suburbs, is located 30 minutes from d~wntown Minneapolis. Situaled on the north shore ~f Lake Minnetonka, the City is surrounded by scattered farmsteads, lakes and rt~lling hillsides to the west and north and the 3,400-acre Carver Park Reserve to the south. A lake-oriented community, the City of Mound is notable for having over 17 miles of lakeshore. The City encompasses Lake Landon and is bordered by I~utch Lake and several of Lake Minnetonka's majestic bays., Distinctive neighborhoods set among tree lined streets, winding roads and around shorelines offer charming vistas and give the community a unique appeal. I louse values in Mound are extremely diverse, ranging in price from under $80,000 to over $600,000. The majority of the housing s~ock was built after World War II with nearly one-third of the homes built in the 1970s. Many of the older homes were originally cabins and later converted into year-round residences. History The City of Mound was named after the many prehistoric Indian mounds within its boundaries, several of which remain today. European settlement dates back to the 1850s when the first pioneers moved into the lake region. Many of the Lake Minnetonka bays are named after early settlers. The City of Mound was established as a trading and agricultural center and became a resort mecca shortly after the turn of the century. At that time, the City of Mound boasted seven resort hotels and several restaurants. Vacationers arrived by train and the streetcar boat was the primary means of lake travel. As the resort era faded, the City established a commer- cial center. In 1946, Tonka Toys, a world-renowned company, began operations in Mound. During the 1960s and 70s, the City drew thousands of spectators as the location of a large winter festival and snowmobile races. Education Three highly rated school systems serve the area: Westonka Public Schools, Our Lady of the Lake Catholic School, and Calvary Mem~rial Christian School. The Westonka Independent School District 227 is recognized as one of Minuesota's Top Tesling l'~istricts. The District enrolls 2,400 students in K-12 and is comprised of two primary schools, one middle school, and one high school. Community Education and Services offers classes for lifelong learners of all ages. The Early Childhood Falnily Center offers parent and pre-school classes. A branch of the ttennepin County Library System is located in Mound. Recreation The City of Mound features 27 City parks and an attractive public beach with picnic areas, an activity center, and a renow~ted train depot used as a pavilion.. Mound residents are eligible to apply for dock sites or slip loca- tions under the municipal Core,nons Dock Program. Superb recreational and cultural facilities are convenient to Mound. The Old Log Theater and Lake Minnetonka Art Center are within a 15-minute drive. Als() nearby is the nationally-known Minnesota kandscape Arboretum featuring, gardens and research facilities. Regional parks, park reserves, and the 64-mile Luce kine Nature Trail tin,vide abundant opportunities for outdoor recreation. A number of local organizations promote and organize community sports and activities for all residents. Mound City Days, held in late June each year is a week-long celebration complete with a carnival and fireworks. The Organization The City Council has a Council/Manager form of govermnent. The Mayor and four Councilmembers are advised by five Advisory Commissions including the Economic Development Commission, Housing and Redevelopment Authority, l'lanmng Commission, Parks and Open Space Commission, and the Docks and Commons Board. The (~'i~y of Mound cmph ,v~ 40 fidl-I ime and lq The Community Development Department The newly established Community Development Department is involved in the overall development activities of the City of Mound. Planning and Zoning, Economic Development, Building Regulations and Inspections functions are provided by a staff of three. Approximately 800 building permits are issued and 100 zoning cases are heard annually. In 2000, approximately 25 new homes were added and five homes were demolished. Recent development includes Mound True Value Hardware and Westonka Senior Center, which was financed through local fund raising efforts. The new Mound Lkluor will be constructed this year and prominently located within one of the redevelopment districts. The Mound Vision Recapturing the Charm of Lake Minnetonka Mound Vision is a downtown concept plan, environmental and appearance model, and business cluster plan representing the collective vision of the City's Economic Development Commission and local citizen panels. The Vision addresses a design focusing on the City's individual identity while conforming to an historic, resort hotel architectural theme. The plan calls for reorienting the downtown area towards Lo~t Lake and Lake Landon. Newly designed and reoriented structures will complement existing structures. The historic boat access channel via Lost Lake has been reopened as it was in the era of the streetcar boats. The new pedestrian- friendly main street will be silt,areal on the resurrected Lost Lake and County Road 15 will be redirected north- wart{ through the core of the downtown area. The Mound Vision includes the creation of a permanent facility fl~r the City's Farmers Market, which would also provide shelter for year-around festival events. A trail system will connect the downtown lakes and parks to the commercial areas. The Mound Vision acknowledges that building a physical community and building a sense of community go hand in hand. The City is dedicated to putting this vision into action. After receiving an ISTEA grant in 1999, the rehabilitation and dredging of the Lost Lake Canal began. A public pier and paved plaza in the Lost Lake Greenway along Auditors Road is included in the plans. In the next phase, Auditors Road will become the City's main street. County Road 15, which has served as the main street, will be reoriented in 2002. The redevelopment will necessitate the removal of a number of existing commercial buildings as part of the project. The Post Office relocation is in progress. With the completion of the Lost Lake Canal and the Auditors Road project, development of downtown and the surrounding areas will be a major focus. The Position The Community Development Director position is newly created and will report to the City Manager. The position is responsible for the overall functions of community development and economic development and redevelopment for the City. Specific responsibilities include: · Provide solid planning services to the City Council. · Take a lead role in bringing the City's economic development initiatives to completion. · Provide planning and zoning services. · Develop strategies for financing municipal projects. · Serve as staff liaison to the Planning Commission and EDC. · Maintain relationships with the public and various outside agencies. · Supervise the positions of Building Official,-Planning and Zoning/Inspections Secretary. · Enforce the Zoning Ordinance. · Ensure compliance of federal, state, and local regulations. · Assist in updating the Comprehensive Plan~ · Prepare land use studies. · Develop the departmental budget. · Work closely with developers and consultants to provide assistance in the development process. · Participate in state and federal governmental lobbying. · Provide oral and written reports to the City Council. Background and Experience Candidates for the Community Development Director will possess a Bachelor's degree in urban planning or a closely related field and at least five years experience in community and economic development. Candidates will possess a basic understanding of zoning ordinances, code enforcement, variances, land acquisition, subdivi- sions, and platting. Specific areas of experience and knowledge include: · Experience in development and/or redevelopment project management. · Understanding of downtown and retail development. · Significant background in planning and zoning activities. · Experience in planning for infrastructure replacement, Comprehensive Planning, and Capital Improvements Planning. · Experience in residential development including single family and multiple housing. · Understanding of the yarious municipal financing methods including Tax Increment Financing. · Knowledge of environmental issues including surface water quality, storm water detention ponds, and watershed rules. Knowledge of park planning and development. · Understanding of metropolitan regulations as set by a regulatory agency. · Excellent presentation skills. Management Capabilities · Strive to promote unity in the business community. Become active in the Chamber of Commerce and serve as a liaison between the City and businesses. · Communicate the City's objectives to the business community. Be available to speak with businesses as requested. · Maintain a beneficial working relationship with real estate developers and consultants working for the City. · Be sensitive to communication issues and people's information needs. · Promote productivity and efficiency between the various Departments, i.e. inspections, public works and utilities, when working on projects. Position and Community Priorities Evaluate park facilities and oversee necessary short term improvements. Develop long term plans for park development. Implement plans for developing the Dakota Rail Trail. Work with the City's consultant in the preparation and approval process of the Comprehensive Plan update. Develop a Tax Increment Financing district fi~r use on projects beyond the downtown development project. Develop strategies to maintain the City's housing stock incorporating a housing code, inspection programs, and rental inspections. Work with development groups to attract new businesses to the City. Assist in development agreements, financing, and business subsidiary agreements. CITY OF MOUND Announcement Community Development Director. City of Mound, MN (pop. 10,000) Salary range $56,000 to $66,000. New position reporting to City Manager and responsible for managing the functions of planning/zoning, develop- ment/redevelopment, building code enforcement/inspection, site planning/subdivisions, and housing programs. Current initiatives include planning for community needs, including the Comp Plan and the CIP, and imple- menting the Mound Vision for downtown redevelopment. B.A. degree in urban planning or related field plus a minimum of five years experience in a planning or co~nmunity development position. Position Profile available. Send resume by 4/30/01 to The Brimeyer Group Executive Search; Fifty South Ninth Ave., Suite 101; Hopkins, MN 55343; Phone (952) 945-0246; Fax (952) 945-0102; E-mail: BrimGroup@aol.com; web site: www. brim- group.colll Timetable 4/30/01 5/30/01 Week of 6/11/01 July, 2001 Deadline for Application Present Candidates, Select Finalists Interviews/Selection Start Date The Brimeyer Group, Inc. EXECUTIVE SEARCH CONSULTING Fifty South Ninth Ave., Suite 101 Hopkins, MN 55343