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1988-04-26
CITY OF MOUND MOUND, MINNESOTA A G E ~ D A MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY~ APRIL 26, 1988 COUNCIL CHAMBERS Pledge of Allegiance Approve Minutes of April 12, 1988, Regular Meeting, PUBLIC HEARING: Delinquent Utility Bills Pg. 969-980 Pg. 981-983 CONTINUATION OF PUBLIC HEARING: Proposed Sale of Dowden Communications of Minnesota Pg. 984-1015 PUBLIC HEARING: Proposed Vacation of Utility Easement for New Public Works Facility, Lots 12, 13, 14 & 15, Koehler's Addition to Mound, PID %13-117-24 33 0030 (5468 Lynwood Blvd.) Pg. 1016-1021 CASE #88-707: Bradley Chapman, 1927 Lakeside Lane, Lot 10, BloCk 11, Shadywood Point, PID #18-117~23 23 0056 Request: Variances - Side Yard Setback, Front Yard Setback, Lot Area and Lot Width Pg. 1022-1033 7. Set Dates for Public Hearings: Local Board of Review SUGGESTED DATE: May 10, 1988, 7:30 P.M. Pg. 1034 To gain input from citizens as to the expected level of city services to be provided in the next calendar year. SUGGESTED DATE: May 10, 1988, 7:30 P.M. Pg. 1035 Resolution Awarding the Sale of $790,000 General Obligation Building Bonds of 1988; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. (Sale will be at 11:00 A.M., April 26, 1988, and bids will be presented Tuesday evening at the Council Meeting.) pg. 1036-1049 Resolution Awarding the Sale of $310,000 General Obligation Improvement Bonds of 1988; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Page 966 10. 11. 12. 13. 14. 15. 16. 17. (Sale will be at 11:00 A.M., April 26, 1988, and bids will be presented Tuesday evening at the council Meeting.) Pg. 1050-1063 Resolution Proclaiming May 8-14, 1988, as Municipal Clerk's Week Pg. 1064 Comments & Suggestions from Citizens Present Commons Maintenance Permit - Karl & Janet Swanson, 1547 Bluebird Lane, Request to construct stairs on Wawonassa Commons Pg. 1065-1067 Commons Maintenance Permit - Lewis Caster, 4917 Island View Drive, Request to construct retaining wall partially on Commons Pg. 1068-1070 DISCUSSION: Criteria for Selecting a citizen Task Force on the future expansion of Public Facilities (City Hall, Police/Fire Facilities) Pg. 1071 Update on Hennepin County Road 15 Street Lighting Project Pg. 1072-1073 Dock Refunds Pg. 1074-1075 License Renewals Pg. 1076 Payment of Bills (List to be handed out at meeting.) INFORMATION/MISCELLANEOUS March 1988 Financial Report as Prepared by John Norman, Finance Director Pg. 1077-1078 Be De Letter from Larry Kitto, Chair of Metropolitan Parks and Open Space Commission, regarding the proposed parking lot on Beachwood Road Pg. 1079 Pamphlet from the National League of cities regarding the 3rd Annual City Innovation Conference to be held in St. Paul May 19-21. If you are interested in attending, let Fran know by Wednesday, April 27, 1988, because the Early Registration ends on April 29, 1988 Pg. 1080-1085 Memo from the LMCD on Fishing Contest Permits Pg. 1086-1088 Park Commission Minutes of April 14, 1988 Planning Commission Minutes of April 11, 1988 Pg. 1089-1092 Pg. 1093-1096 Councilmembers Phyllis Jess,n, Skip Johnson, city Clerk Fran Clark, Recycling Coordinator Joyce Nelson and city Manager Ed Shukie Page 967 2 attended the second annual recycling luncheon sponsored by Hennepin County on April 21. Mound received an award for recycling 7.6% of its solid waste stream in 1987. In 1986, Mound recycled 6% of its solid waste stream. The award has been placed next to the award received last year in the City Council Chambers. Attached are graphs indicating the recycling statistics for the top 12 cities and historical and projected funding of recycling programs in the County. Pg. 1097-1098 Page 968 3 45 April 12, 195S MINUTES - MOUND CITY COUNCIL - APRIL 12, 1988 The city Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 12, 1988, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said city. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were: city Manager Edward J. Shukle, Jr., city Clerk Fran Clark, City Attorney Curt Pearson, city Engineer John Cameron, city Planner Mark Koegler, Building Official Jan Bertrand, Finance Director John Norman, Police Chief Len Harrell and the following inter- ested citizens: Mary smith, Jim Vaughn, Lee Sheehy, Jim Bedell, Dale Ruud, John Ruud, Bill Stewart, Kevin Gannon, Wayne Barkley, Wayne Ehlebracht, Denny and Pat Bigaouette. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Abel to approve the~ minutes of the March 22, 1988, Regular Meeting and the March 29 and April 5, 1988 Special Meetings, as submitted. The vote was unanimously in favor. Motion carried. Police chief Len Harrell introduced Darrell Huggett, M°und's newest Police officer. The Council welcomed him. PUBLIC HEARING: PROPOSED SALE O__F DOWDEN COMMUNICATIONS OF MiN- NESOTA The city Manager introduced the City's Cable Consultant, Tom Creighton. Mr. Creighton explained that Triax Midwest Associates is proposing to acquire Dowden Communications of Minnesota and under the City's Cable Franchise a public hearing must be held to invite public comments on the proposed sale He explained that Triax has provided financial information which has been analyzed by the City's Financial Communication Consultant, Kevin Cattoor. He reviewed what he and Mr. Cattoor look for in analyzing the sale. Dowden is paying the costs involved in this analysis. He recommended that the Council continue this public hearing to the next meeting, April 26, 1988, so that further study can be done; the Cable Commission can review the results and make a recommen- dation to.the Council. The Mayor opened the public hearing. There were no comments. MOTION made by Smith, seconded by Jensen to continue the Public Hearing on the acquisition of Dowden Communications of Minnesota by Triax to the next meeting, April 26, 1988, 46 April 12, 1988 at 7:30 P.M. carried. The vote was unanimously in favor. Motion The City Manager explained that the Cable Commission has recom- mended that the City Council write a letter to both Dowden and Triax expressing serious concern with the failure to satisfac- torily resolve the system's inability to receive Regional Channel 6 in Mound. The Council agreed. MOTION made by Jessen, seconded by Johnson directing the City Manager to write a letter to both Dowden an~ Triax ex- pressing serious concern with the failure to satisfactoril~ resolve the system,s inability to receive Regional Chan~el 6 in Mound. Tom Creighton stated that he is composing a similar letter from the Lake Minnetonka Cable Commission. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: . ST_.REET LIGHT IMPROVEMENT OF A PORTION OF COUNTY ROAD 15 The City Engineer stated that since the Council decided on the five extra lights near the Seton Bridge, Spring Park and Orono ha'ye authorized street lights'to be installed 'entirely along their areas of Ccunty Road 15. The estimated cost of the addi- tional street lights in the residential area is $42,000. If Mound would add its portion of residential area along County Road 15 it would increase the total cost for the street light project to an estimated $170,000. The lights in the residential area would be spaced on alternating sides of the street every 150. feet. The Engineer stated that he is also increasing the es- timated cost of the five additional lights between Montclair Place and the Seton Bridge to $21,500.00 The Mayor opened the public hearing. Jim Bedell, 2625 Wilshire Blvd., stated that there is an typographical error in the hearing notice. The date for the hearing in the notice is April 21 1988 and should have been April 12, 1988. ' The Mayor closed the public hearing. The Council discussed the feasibility of additional lights in the residential area. Since the hearing notice for this evening's meeting was not correct, they discussed adding the ad- ditional residential lights to the proposal and setting a new date for a hearing. 47 April 12, 1988 The city Engineer stated that since NSP is putting in new poles along County Road 15 now, the Council should request that they install taller poles to accommodate the new street lights if they are considering the improvement. MOTION made by ~bel, seconded by Jensen to direct the City Manager to submit a letter to Northern states Power request- ing the taller poles be installed in the residential area to accommodate new street lights. The vote was unanimously in favor. Motion carried. smith moved and Jessen seconded the following resolution: RESOLUTION ~8-58 RESOLUTION RECEIVING PRELIMINARY EN- GINEERING REPORT AND CALLING HEARING FOR STREET LIGHT IMPROVEMENT - REMAINDER OF COUNTY ROAD 15 IN MOUND FROM FAIRVIEW LANE TO THE SETON BRIDGE The vote was unanimously in favor. Motion carried. The city Manager stated that a notice canceling the erroneous April 21st hearing date will be sent to those affected. CASE ~88-706: RE UEST FOR PARKING & PROPERTY SETBACK VARIANCES ' FOR NEW PUBLIC WORKS FACILITY The city Planner reviewed the request for the following variances: 1. Setback abutting residential property; 2. Driveway width; 3. Loading dock width; 4. Number of parking stalls; 5. Size of parking stalls. The staff recommendation is to approve the setback, driveway width and parking variances subject to the following conditions: 1. The handicapped parking stall shall be relocated to stall 5 as shown on the site plan dated January 22, 1988. 2. Steps shall be added at the northern segment of the retaining wall to facilitate access to the eastern and northern sides of the building. 3. The City Planner shall approve landscaping plan modifications resulting from removal of the loading dock area as shown on the site plan dated January 22, 1988. ?'?/ 48 April !2, 1988 The Planning Commission recommended denial of the parking variances, but approval of the other variances. Abel moved and Jensen seconded the following resolution: RESOLUTION #88-59 RESOLUTION TO APPROVE FA/~IANCES FOR THE CONSTRUCTION OF A MUNICIPAL PUBLIC WORKS FACILITY AT 5468 LYNWOOD BLVD. The voted was unanimously in favor. Motion carried. TO CHURC~ ROAD - PUBLIC WORKS FACILITY CONSTRUCTION The City Engineer explained that he is requesting the Council close Belmont Lane during the construction of the Public Works Facility. The Council discussed the request and asked that the contractor contact the owner of property across Belmont to see if he could use that site for the field office and workers parking. MOTION made b~ Smith, seconded by Jensen to table action on the closing of Belmont Lane during construction of the Public Works Facility until further checking on other op- tions. The vote was unanimously in favor. Motion carried. RESOLUTION AUTHORIZING THE CITY CLERK TO 'EXECUTE AN ORDER FOR REMOVAL OF A HAZARDOUS. BUILDING OWNED BY RONALD C. A/~DERSON FOR PROPERTY AT 2965 OAKLAWN The Buitding official explained the background and circumstances of this request. The Order for Removal listed 52 deficient items. Mr. Bill Stewart, 2960 Hazelwood Lane and Mr. & Mrs. Dennis Bigaouette, 2920 Hazelwood Lane, were present and stated they also are aware that the building is substandard. They also com- plained about the garbage that has been cleaned out of the house and left in the yard for over a month. Jessen moved and Abel seconded the following resolution: RESOLUTION ~88-60 RESOLUTION AUTHORIZING THE CITY CLERK TO EXECUTE AN ORDER FOR REMOVAL OF A HAZ- ARDOUS BUILDING - AT 2965 OAKLAWN LA1FE The vote ~as unanimously in favor. Motion carried. The City Attorney explained the procedure that would have to be followed for the removal of this hazardous building and the removal of the garbage in the yard. 49 April 12, 1988 SET DATE FOR PUBLIC KEARING MOTION made by Johnson, seconded by Jensen to set April 26, 1988, at 7:30 P.M. as the date for a public hearing to con- sider the vacation of a utility easement for New Public Works Facility, Lots 12, 13, 14 & 15, Koehler's Addition to Mound, FID %13-117-24 33 0030 (5468 Lynwood Blvd.). The vote was unanimously in favor. Motion carried. COMMENT & SUGGESTIONS FROM CITIZENS PRESENT. There was no response. MINNETONKA BASS CLUB TOURNAMENT The city Manager explained that the Minnetonka Bass Club will be holding their annual tournament on Saturday, June 4, 1988. They will not be using the facilities at Mound Bay Park this year for the start of the tournament. They would, however, like to use the area for the weigh-in portion of the tournament. The weigh- ~ in hours would run from approximately 2:30 P.M. to 4:00 P.M. MOTION made by Smith, seconded by Abel to allow the Min- netonka Bass Club to use the Mound Bay Park Facilities for the weigh-in portion of the. tournament-only on June 4, 1988, from approximately 2:30 P.M. to 4:00 P.M. The vote was un- animously in favor. MOtion carried. REAPPLICATION FOR GRADING PERMIT__- NORWOOD LANE AREA This item was tabled at the last meeting so that it could be reviewed by the Planning Commission. The city Engineer explained' that the applicant (Hardrives) has revised the plan to show a proposed cul-de-sac as requested, at the last meeting, by.the owners of Lot 12 thru 17, Block 2, shirley Hills Unit A. He is suggesting a smaller cul-de-sac (80' diameter right-of-way with 70' diameter improved street) which would require less property to be donated to the City for right-of-way. He further reported that Hardrives would install the storm sewer and construct the street to rough grade, including gravel base at no cost to the City. The new storm sewer system would require that the city re- place its 15" pipe in the improved portion of Norwood Lane with an 18" pipe. The estimated cost to the city would be $9,000. The Planning Commission recommended approval of the grading per- mit with the installation of the smaller cul-de-sac. The Council discussed replacing the existing storm sewer and the possibility of installing utilities which are not in Norwood Lane at the same time that the street is improved. 5O April 12, 1988 MOTION made by Abel, seconded by Jessen to authorize the re- placement of the existing storm sewer in Norwood Lane at an estimated cost of $9,000. Mr. Wayne Ehlebracht (owner of Lots 14-17) and Mr. Wayne Barkley (owner of Lots 10-13), were present stating they did not like the location of the cul-de-sac and wanted the street improvement without utilities. There was further discussion by the Council and citizens about utility installation. The City Attorney suggested that the City Engineer, owners of the properties, and him- self sit down and discuss this further before the Council makes a decision. Jessen withdrew her second and Abel withdrew his motion. BID AWARD: 1988 SEALCOAT PROGRA3-{ The City Manager reported the following bids were received: 1. Allied Blacktop Co. $31,043.00 2. Asphalt Surfacing Technologies $37,999.00 3. Bituminous Roadways, Inc. $38,356.05 The recommendation is to award the contract.to Allied Blacktop. Smith moved and Abel seconded the following resolution: RESOLUTION %88-61 RESOLUTION TO AWARD THE BID FOR THE 1988 SEALCOAT PROGRAM TO ALLIED BLACKTOP CO. IN THE AMOUNT OF $31,043.00 The vote was unanimously in favor. Motion carried. PRESENTATION OF 1987 FINANCIAL AUDIT The 1987 Audit was presented by Gary Groen, of Abdo, Abdo & Eick and John Norman, Finance Director. Jessen moved and Johnson seconded the following resolution: RESOLUTION %88-62 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT FOR 1987 The vote was unanimously in favor. Motion carried. SALE OF CITY OWNED PROPERTY The City Manager suggested that'since the City is not going to use the 3 acre parcel of land it owns along Westedge Blvd., the Council consider listing it for sale with a real estate company. The appraised value is $28,500. The Council agreed. 51 April 12, 1955 MOTION made by smith, seconded by Jensen to authorize the cit~ Manager to list for sale with a real estate firm the cit~ owned parcel of land described as PID ~23-117-24 22 0005 ($ acre site along Westedge Blvd.). The vote was un- animousl~ in favor. Motion carried. D_ISCUSSION~ CRITERIA FOR SELECTING A CITIZEN TASK FORCE ON THE FUTURE EXPkNSION OF PUBLIC FACILITIES CITY ~ALL POLICE/FIRE FACILITIES1 The Council tabled this item to the ne×t meeting. DISCUSSION: ~OSSIBLE SPRING CLEAN-UP PROGRAM The City Manager reviewed what has been done in the past. There is one, possibly two haulers interested in working with the City on this program. The estimated cost for this program is $4,000- $5,000· He emphasized that previously this program was paid for by Revenue Sharing funds which are no longer available· MOTION made by Johnson, seconded by Jensen authorizing the staff to obtain quotations for a spring Clean-Up Program with costs not to exceed. S5,000. The council discussed the way the program would be handled; how.the City would pay for it since ir'is not a budgeted ex- pense item for 1988; and the fact that it is almost too late to do it'this spring. Jensen withdrew her second and Johnson withdrew his motion. MOTION made by smith, seconded by Abel to table this item' until Fall in order to put it in the budget for next year. The vote was unanimously in favor. Motion carried. REAPPLICATION FOR GRADING PERMIT - NORWOOD LANE AREA The city Engineer, City Attorney and the owners of property along Norwood Lane returned to the Council Chambers. The city Attorney stated that he would like to make it very clear that the property owners were urged to install utilities (sewer and water) when the storm sewer and street are improved, but they chose not to do this. The Staff is now recommending the grading permit be approved con- tingent upon the following conditions: Soil borings be furnished and any unsuitable material be removed from the proposed roadway and building pad areas, before filling commences. All trees, brush and other vegetation be removed from the areas of proposed fill. 52 April 12, 1988 3. Ail fill placed in the City right-of-way Shall be of quality suitable for street construction and shall be compacted to meet the City's requirements. 4. Storm sewer be installed as per plans and specifica- tions that are approved by the City Engineer. 5. Upon completion of grading, furnish and install Class 2 gravel base, in Norwood Lane, 30 feet wide at a minimum compacted thickness of 6 inches. 6. Furnish performance bond in the amount of $45,000 ~to cover grading, storm sewer and street construction. 7. Upon completion, site will be spread with a minimum of 4 inches of black dirt and seeded. 8. It is the responsibility of the applicant for the grad- ing permit (also the owner of Lots 1-6, Block 3, Shir- ley Hills Unit A) and the owners of Lots 15 & 16, Block 2, Shirley Hills Unit A to provide the City with the necessary executed public easements for the smaller recommended cul-de-sac (80' diameter right-of-way with 70' diameter improved, street by June 1, 1988. If the easements are not provided by' June 1, 1988, then Hardrives .will put No~wood Lane thru to County Road.15 as it is platted under the same conditions 1-7, above. Abel moved and Smith seconded the following resolution: RESOLUTION ~88-63 RESOLUTION TO APPROVE A GRADING PEP-HIT FOR LOTS 1-6, BLOCK 3, S~IRLEY HILLS' UNIT A ADJACENT TO NORWOOD LANE The vote was unanimously in favor. Motion carried. MOTION made by Abel, seconded by Smith to authorize the re- placement of the existing storm sewer in the improved por- tion of existing Norwood Lane with a 15' inch pipe at an es- timated cost of $9,000. The vote was unanimously in favor. Motion carried. ,DISCUSSION: CITY NEWSLETTER PROPOSAL The City Manager reported on his research for a. city newsletter and some preliminary cost estimates which were as follows: Approximate number of newsletters needed: 5 000 Number of issues: 4 per year ' 53 April 12, 19~B ANNUAL COST Coordinator (writing, design, layout, etc.) $2 400 $600 per issue ' Printing and related costs $700/per issue $2,800 Bulk Mailing and related costs $600/per issue 32,400 Estimated Total $7,600 MOTION made by smith, seconded by Abel to direct the city Manager to move ahead for at least 1 issue of a city newsletter. The vote was 2 in favor with Jensen, Jessen and Johnson voting nay. Motion failed. The Council discussed the costs and budgeting for them in 1989. MOTION made by Johnson, seconded by Abel to consider proceeding with a city newsletter in 1989 when it can be in- tegrated into the budget. The vote was unanimously in favor. Motion carried. DISCUSSIONk PRELIMINARY COST ESTIMATE ON TEE INSTALLATION OF ELEVATOR IN CITY The Council tabled this.item and suggested it be given to the citizens task force on future expansion of public, facilities when it is set-up.' MORTGAGE SATISFACTION ON PROPERTY IN RUSTIC PLACE The city Clerk explained that the mortgage on the following described property was mistakenly filed twice, thus needing another mortgage satisfaction. "Lot 2, Block 1, Rustic Place and that part of Lot 3, Block 1, Rustic Place Which lies Southwesterly of a line parallel with the distant 41 feet Southwesterly of the Northeasterly lot line of said Lot 3, which has the address of 6108 Bartlett Blvd., Mound, MN.." smith moved and Jessen seconded the following resolution: RESOLUTION %88-64 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A MORTGAGE SATISFACTION ON PROPERTY IN RUSTIC PLACE - FILED AS DOCUMENT %48~8381 The vote was unanimously in favor. Motion carried. GARDEN LEASE FOR RAY KRAME~ MOTION made by Smith, seconded by Jessen to approval a gar- den lease for Lots 10, 11 & 12, Block 4, L.P. Crevier's Sub- division Part of Lot 36 Lafayette Park to Ray Kramer. The 54 April 12, 1988 vote was unanimously in favor. .LICENSE RENEWALm Motion carried. MOTION made by Johnson, seconded by Abel to authorize the issuance of the following licenses: - Tree Removal: Eklunds Tree Service Emer~,s Tree Service, Inc. - Northwest Tonka Lions - upon presentation of all insurance documents Public Dance Permit - fee waived Set-Up Permit - fee waived Charitable 3.2 Bee Permit The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Johnson, seconded by Abel to authorize the payment of bills as presented on the pre-list in the amount of $178,517.41, when funds are available. A roll call vote was unanimously in favor, Motion carried. ~.NFORMATION/MISCELLANEOU~ A. Department Head Monthly Reports for March, 1988. B. Park Commission Minutes of March 10, 1988. C. Lake Level, Flow and Precipitation Summary for February 1988 as prepared by the Watershed District. ' D. Invitation'from the Hennepin County Board to attend a Recy- cling Luncheon to review the status of the recycling program in Hennepin County. E. Invitation from Hennepin Parks to attend a park tour and in- formational meeting. F. Invitation from the Air Force regarding a tour of facilities this summer. He Geographical Distribution Report prepared by Hennepin County Community Services Revised schedule for review of Beachwood Road/Mound Bay Park area for possible car/boat trailer parking lot. - April 11, 1988 - Metropolitan Parks & Open Space Committee, 4:00 P.M. 55 April 12, 1988 - April 19, 1988 - Metropolitan Systems Committee, 11:00 A.M. - April 28, 1988 - Metropolitan Council, 4:00 P.M. All meetings are held at Metropolitan Council offices in St. Paul. Pamphlet on cities Week sponsored by the League of Minnesota cities. Planning Commission Minutes of MarCh 28, 1988. We would like to schedule a ground-breaking ceremony the week of April 18th at the Public Works Facility site. We would expect the Mayor, Council, City Engineer, Public Works staff and newspaper to attend. John Cameron will arrange for the shovels and the contractor the hard hats. Please tell me Tuesday evening what day would be best for you. The contractor is tentatively starting construction the week of April 25th. The Council scheduled Monday, April 18, 1988, at 7:15 A.M. at the site for the ground-breaking ceremony. I have contacted Vern Genslinger, Hennepin County Engineer, regarding crosswalk safety.that we discussed on March 26th. He would be willing to attend a regular or special meeting in late May to address this issue. I think you may want to schedule a special meeting the week of May 23rd and invite the business community and anyone who is interested. Let me know what date would work for you. The Council scheduled a Special Council Meeting for' Thursday, May 26, 1988, at 7:30 P.M. to discuss the crosswalk issue and have Vern Genslinger present. MOTION made by Jess·n, seconded by Jensen to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., city Manager Fran Clark, CMC, City Clerk BILLS APRIL 12, 1988 Batch Batch 8033 8034 35,666.37 722,432.97 Gamet i me Durascape 20,418.07 Total Bills 178,517.41 . · ~ 4-15-88 33 4060 241 J- Kinneberg 33 4060 395 Renee Rath 33 4150 181 C. Newman 33 4180 062 Roxanne Laurence 33 4270 185 Steve Korval~ 33 4330 181 Sally Bosinger 33 4390 031 James Lassek 33,~4390 931 Morgan & Ward 33 4390 991 V. Brandenburg 33 4392 241 Dan Brunette 33 4394 091 J' Betzhold '33 4394 153 J' Christianson 33 4394 242 Jean Hart 33 4630 781 Sheila Hofshult 33 4690 303 James Steinwand 33 4720 333 Jim Henke 33 ~720 482 Peter Baltuff 33 4750 751 Ron Goodman 33 4752 152 Bart Skei 33 4840 871 Keith Harrell 33 4840 032 Joe Fiedler 33 4844 061 ~ichard Parr 33 4844 30i Mel Z'0ckman 33 4844 601 Corkey Roehl 33 4844 902 David Gustofson 33 4870 213 Lawrence Meeks 33 4870'364 J.D.Theiman 33 4870 541 Jerry Olsen 33 5000 216 Dean Kolden 33 5150 242 Bruce Glaefke 33 5150 302 Craig Kupfer 33 5180 242 Ty Levesque 33 5180 392 Charles Ham 33 5180 452 Mark Nadon 33 5300 092 Joel Hentges 33 5300 361 James Leiter Delinquent Water and Sewer Pd. $240.99 92.65 Pd. 109.62 * 167.90 Pd. 93.65 Pd. 81.90 238.20 Pd. 129.51 159.78 * 115.09 Pd. 152.60 150.88 * 101.08 132.45 * 101.32 323.94 ,1 78.60 * 124.36 Pd. 117.02 Pd. 161.57' 176.96 154.13 Pd. 177.47 372.59 Pd. 126.98 200.15 86.17 Pd. 132.17 Pd~ '93.90 120.84 145.18 Pd. 130.61 , 241.26 355.01 Pd. 86.02 86.78 2628 Tyrone Ln. 2725 Tyrone Ln. 4828 Longford Rd. 2617 Clare Ln. 2651 Shannon Ln. 4636 Carlow Rd. 2431Wilshire Blvd. 2537 Wilshire Blvd. 4400 Wilshire Blvd. 4446 Wilshire Blvd. 4757 Wilshire Blvd. 4773 Wilshire Blvd. 4800 Wilshire Blvd. 4840 Bedford Rd. 4785 Richmond Rd. 4544 Dorchester Rd. 4570 Dorchester Rd 4679 Manchester Rd. 4844 Manchester Rd. 3188 Tuxedo Blvd. 4905 Tuxedo Blvd. 4913 Tuxedo Blvd. 5000 Tuxedo Blvd. 5072 Tuxedo Blvd. 5142 Tuxedo Blvd. 4655 Cumberland Rd. 4715 Cumberland Rd. 4873 Cumberland Rd. 4445 Radnor Rd. 3137 Inverness Ln. 3155 Inverness Ln. 4684 Hampton Rd. 4717 Hampton Rd. 4725 Hampton Rd. 3115 Donald Dr. 4810 Donald Dr. Paid $39.33 Paid$58.69 .33 5OOO'183 Cindy Smith Pd. $108.00 33 5390 O61 Rand Sarles 122.70 33 5450 241 Gary Blix Pd. 77.77 33 5480 156 Nelson & Snyder 92.88 33 5510 241T.Wilson i 156.O7 33 5540 091 Steve Sundquist Pd. 127.37 33 5540 453 Sandy Adeny 159.86 33 5540 485 Peg Dubey Pd. 157.98 33 5570 031 Sylvia Ross Pd. 95.06 33 5630' 39~ Dennis Desmond 389.29 33 5690 121 Gary Snyder Pd. 133.~4 33 5720 181R.Swanson 448.53 33 5750 125 Paul Hagebusch Pd. 114.79 33 5780 O31Greg Bruzenah 208.96 33 5780 121 Joan Conkey 95.79 33 5810 212 Joe Kreman 103.49 33 5870 454Amy Brtntes.~, 164.13 3~ 5870 486 Valerie La B6au .* 181.19 33 5870 572 Jerry Clark 97.07 33 5870 632 Renee Haglund * 181.53 33 5900 392 Gary Uzlik 108.55 33 5930 303 Mark Lee 146.92 33 5960 271 Occupant 142.16 33 5990 752 Lee ~Liller 85.78 33 5990 782 Dennis Willec 85.81 33 6080 061Keith Johnson Pd. 122.34 33 6200 212 Dan Myers * 98.58 33 6260 062 Scott Berglund * 216.69 33 6204 511 Doug Nelson 129.88 33 6204 603Gerald Pearson 138.05 33 6230 333Robb Schuler 91..52 33 6230 481David Lau Pd. 126.11 33 6350 091'Barbara Miller * 242.06 33 6350 271vicki Mross 199.89 33'5380 304wm- Blume 108.06 33 6410 032Lyn Hassel lO2.11 4440 Radnor Rd. 4838 Glasgow Rd. 4855 Lanark Rd. 3137 Argyle Rd. 3090 Alexander Ln. 3033 Dundee Rd. 3073 Dundee Rd. 3077 Dundee Rd. 3018 Churchill Ln. 3018 Devon Ln. 4876 Leslie Rd. 4864 Monmouth Rd. 4869 Plymoth Rd. 2841 Marlboro Ln. 2871 Marlboro Ln 2800 Cambridge Ln. 3038 Brighton Blvd. 3041 Brighton Blvd. 3048 Brighton Blvd. 3054 Brighton Blvd. 5226 Windsor Rd. 5109 Drummond Rd. 4811 Hanover Rd. 4773 Aberdeen Rd. 4781 Aberdeen Rd. 3207 Amhurst Ln. 3025 Island View Dr. 4556 Island View Dr. 4828 Island View Dr. 4841 Island View Dr. 5313 Piper Rd. 5326 Piper Rd. 5123 Waterbury Rd. 5224 Waterbury Rd 3301 Warner Ln. 5220 Sulgrove Rd. Paid $25.00 Paid $70.00 Paid $100.00 33' 6470 O31 33 6470 061 33 647O O91 33 6470 121 33 6500 691 43 4390 421 41 1960 121 41 1990 091 Occupant Richard Rucinki Katherine Knott Jerome Lon~ley Century Auto Donnies D.J.Petersom R K.Carlson Pd. Pd. 230.29 108.9O 134.78 232.90 359.93 192.40 293.79 331.37 $12906.71 5211 Phelps Rd. 5217 Phelps Rd. 5222 Phelps Rd. 5224 Phelps Rd. 5533 Shoreline Blvd. 4451Wilshire Blvd. 2142 Belmont Ln. 2000 Basswood Ln. 4-19-88 33 4060 241 33 4060 395 33 4150 181 33 4180 062 33 427O 185 33 4330 181 33 4390 031 33,~4390 931 33 4390 991 33 4392'241 33 4394 091 33 4394 153 33 4394 242 33 4630 781 33 4690 303 33 4720 333 33 4720 482 33 475O 75i 33 4752 152 33 4840 871 33 4840 032 33 4844 061 33 4844 301 33 4844 601 33 4844 902 33 4870 213 33 4870 364 33 4870 541 33 5000 216 33 5150 242 33 5150 302 33 5180 242 33 5180 392 33 5180 452 3353O0 092 33 53OO 361 Delinquent Water and Sewer $240.99 92.65 lO9.62 167.90 93.65 81.9o 238.20 129.51 159.78 115.09 152.6o 150.88 101.08 132.45 101.32 323.94 78.60 124.36 117.02 161.57 176.96 154.13 177.47 372.59 126.98 200.15 86.17 132.17 93.90 120.84 145.18 130.61 241.26 355.01 86.02 86.78 33 5000 183 33 5390 061 33 5450 241 33 5480 156 33 5510 241 33 5540 091 33 5540 453 33 5540 485 33 5570 031 33 5630 391 33 5690 121 33 5720 181 33 5750 125 33 5780 031 33 5780 121 33 5810 212 33 5870 454 3~ 5870 486 33 5870 572 33 5870 632 33 5900 392 33 5930 303 33 5960 271 33 5990 752 33 5990 782 33 6080 061 33 6200 212 33 6200 062 33 6204 511 33 6204 603 33 6230 333 33 6230 481~ 33 6350 09] 33 6350 271 336380 304 33 6410 032 $108.00 122.70 77.77 92.88 156.07 127.37 159.86 157.98 95.06 389.29 133.94 448.53 114.79 208.96 95.79 103.49 164.13 181.19 97.07 181.53 108.55 146.92 142.16 85.78 85.81 122.34 98.58 216.69 129.88 138.05 91.52 126.11 242.06 199.89 108.06 102.11 33 641o 032 33 6470 031 33 6470 061 33 6470 091 33 6470 721 33 6500 691 43 4390 421 41 1960 121 41 1990 091 $102.11 230.29 108.90 134.78 232.90 359-93 192.40 293.79 331.37 $12906.7t April 14, 1988 Ms. Mary Smith Dowden Communications 2381Wilshire Boulevard Mound, MN 55364 Dear Mary: As you heard at the Council meeting April 12, 1988, the City Council has continued the public hearing on the proposed sale of Dowden Communications to Triax Midwest Associates. This public hearing has been continued to April 26, 1988, at 7:30 PM, in the City council chambers. At that time, further information will be presented by Tom Creighton of O'Connor and Hannah. As indicated at the hearing, the City Council took action to direct me to notify Dowden and Triax that the City of Mound is seriously concerned with the failure to satisfactorily resolve the system's inability to receive Regional Channel 6. In part of that motion, they also directed me to state that the failure to propose an acceptable resolution to the Regional Ch@nnel 6 issue will seriously impact the City of Mound's ability to adequately consider the proposed transfer of ownership. I believe you realize how important Regional Channel 6 is to the franchises Dowden has around Lake Minnetonk@. It is imperative that this issue be resolved so that subscribers to cable television in Mound, as well as the Lake Minnetonka area, can receive the regional channel. nce re~~k~ ~ t. Shukle,~ Jr. City Manager cc: James Vaughn, Director of Operations, Triax Communications Jim Kutzner, Chairman, Mound Cable TV Advisory Committee Tom Creighton, O'Connor & Harman ES:Is CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (512) 472-1155 April 8, 1988 TO: FROM: RE: MAYOR AND CITY COUNCIL ~. ED SHUKLE, CITY MANAGER PUBLIC HEARING - PROPOSED SALE OF DOWDEN COMMUNICATIONS OF MINNESOTA As you know, a public hearing is scheduled for Tuesday, April 12, ~ 1988, to solicit input from the public regarding the proposed purchase of Dowden Communications of Minnesota by Triax Midwest Associates. Under t~he City"s Cable Television franchise with Dowden, it allows for a public hearing for the public to comment on the proposed sale. As part of the analysis by the City, Tom Creighton of O'Connor and Hannan, and author of City of Mound's Cable TV franchise, has been hired to review the proposed transaction. Any costs associated with this review will be paid for by Dowden .not by the City o.[ Mound. Tom's review is still in progress, but he will have some information for you to review by Tuesday evening. He will also be present at the meeting Tuesday. In preparation for the public hearing, the Cable TV Advisory Committee met on Tuesday, April 5, 1988, for the purpose of discussing the review with Mr. Creighton. Mr. Creighton reviewed the financial and ~egal impacts with regard to the purchase, as well as what he knew of Triax Midwest's track record as of that date. His primary concerns with this transaction: That the existing franchise remain intact. Any expenses incurred in the analysis of the transaction on behalf of the City, be paid for by Dowden. Regional Channel 6 be installed in Mound. As of Tuesday night, Tom did not believe that he would have the complete review finished and will suggest to you that the public hearing be continued until April 26, 1988. The committee took action by recommending that the City Council direct the City Manager to send a letter to Triax and Dowden regarding the regional channel 6 issue. Their motion reads as follows: in the admission or access tO, or treatment or emplcy, men: rr,, irs pro,rams and act ~ t~es "Moved by Johnson, seconded by L. Paulsen, a~d carried unanimously to recommend to the City Council that the City Manager is to notify Dowden and Triax that the City of Mound is seriously concerned with the failure to satisfactorily resolve the systems inability to receive regional channel 6. Further, that the failure to propose an acceptable resolution to the regional channel 6 issue, will seriously impact the City of Mound's ability to adequately consider the proposed transfer of ownership." Thus, at the hearing Tuesday night, this recommendation will be considered by the Council. Subsequent to a continued public hearing, the Cable TV Advisory Committee will be meeting to review any work that Mr. Creighton has done prior to the City Council taking official action. At this time, we do not have a proposed resolution. Mr. Creighton will draft and submit one to us at a later date. Also, attached is a letter from Mary Smith, Regional Manager of Dowden Cab~esystems, dated February 26th, officially notifying the City of Mound that Dowden Cable Partners L.P. had signed a Purchase and Sale agreement for the assets of Dowden Cablesystems with Triax Midwest Assocites, L.P. There is also information attached from Mrs. Smith dated March 30, 1988. Tom Creighton has also included financial information for your review. ES:ls E rch 22, 1988 RESOLUTION NO. 88-53 RESOLUTION SETTING DATE FOR PUBLIC HEARING ON THE PROPOSED SALE OF DOWDEN COM/~UI~ICATIONS OF KIAq~ESOTA BE IT RESOLVED, that the City Council of the City of Mound, Minnesota determines that the proposed sale of Dowden Com- munications of Minnesota may adversely affect the subscribers of the City of Mound. BE IT FURTHER RESOLVED, that the City Staff is in.- structed to notify Dowden and Triax (the purchaser) of a public hearing which will be held on April 12, 1988, in the City Council Chanbers in the City of Mound, at 7:30 P.M., or as soon there- after as parties may reasonably be heard. Notice of such hearing to be published in the official newspaper. The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Abel. The following Councilmembers voted in the affirmative: Abel, Jessen, and Smith. The following Councilmembers voted in the negative: none. The following Councilmembers were absent and excused: Jensen and Johnson. Ma/yor / Attest: City Clerk CITY OF MOUND NOTICE OF PUBLIC HEARING CABLE TELEVISION COMMUNICATIONS NOTICE IS HEREBY GIVEN, that a public hearing will be held by the City Council of the City of Mound on Tuesday, April 12, 1988, at 7:30 P.M. or as soon thereafter as parties can reasonably be heard, in the Council Chambers of the Mound City Hall, at 5341Maywood Road. The hearing is called for the p.urpose of providing an opportunity for public input on the request by Dowden Cable Partners to consent to a transfer of ownership and transfer of the cable television franchise, as amended, to Triax Midwest Associates, L.P. Anyone having an interest in cable television communications or the transfer of the cable television franchise is invited to attend said public hearing. Francene C. Clark, CMC City Clerk Publish in The Laker March 28, 1988 FINANCIAL ANALYSIS OF THE ACQUISITION OF DOWDEN COMMUNICATIONS, INC. BY TRIAX MIDWEST ASSOCIATES, L.P. April 4, 1988 Prepared by: Kevin P. Cattoor Financial Communications Consultant 5585 Rosewood Lane Minneapolis, Minnesota 55442 Business Telephone: (612) 370-0688 Residence Telephone: (612) 557-2923 INDEX Pa~e Introduction ............................................... 1 Summary and Financing of Transaction ....................... 2 Analysis of Triax Communications Corporation/ Triax Midwest Associates, L.P .............................. 4 Return on Equity Analysis .................................. 7 Conclusion ................................................. 8 INTRODUCTION The purpose of this report is to provide the members of the Lake Minnetonka and Belle Plaine Cable Television Commissions (Commission) a basis on which to approve the transfer of their cable franchises from Dowden Cable Partners, L.P. (Dowden) to Triax Midwest Associates, L.P. (Triax Midwest). In approving the transfer of your franchises, your legal counsel, Thomas D. Creighton from the O'Connor & Hannah law firm, has engaged my services for the following objectives: 1. Summarize for the Commission the financial details of the transaction; and Perform a high-level review of financial information; 3. Determine whether there is a reasonable basis upon which to deny the transfer of your franchise from Dowden to Triax ~ Midwest based upon the high-level review on financial ~ information. My ~nalysis has been based upon a review of documents received in a March 29, 1988, mailing received from Mary A. Smith, Regional Manager for D0wden, and an April 1, 1988, mail-ing received from James C. Vaughn, Director of Operations for the Triax Communications Corporation (Triax). The documents received in these two mailings and reviewed for the purpose of this analysis are as follows: 1. Financial statements for the year ended December 31, 1987. 2. Organizational chart of Triax corporate staff. 3. Key personnel biographies. 4. Triax growth and development brochure. 5. Descriptive history of the companies growth and performance. Series of charts showing Triax's growth in homes past, subscribers, gross revenues, average revenue per subscriber and operating cash flow for the years 1982 through 1987. Also included on the charts are the 1988 budgets for all existing Triax properties. Summary of balance sheet - years 1982-1987 for Triax and affiliated companies. 8. A diagram of the company structure. 9. Summary of Triax Midwest. 10. Summary of current service rates for all systems which comprise Triax Midwest. The Commission should note that the basis upon which this report was prepared was solely based upon analysis of the documents mentioned hereto. The Commission should also understand that this report does not constitute or opine, in any way, an examination of Triax's financial records. SUMMARY AND FINANCING OF TRANSACTION Triax Midwest has been formed for the purpose of acquiring, owning and operating certain cable television systems. The partnership will fund the acquisition of the cable television systems owned by Dowden and Peachtree Cable Partners, L.P. (a Dowden affiliated partnership), Vantage Cable, Inc. (collectively the new properties); and cable systems presently affiliated with Triax (collectively the "existing properties"). It is anticipated by Triax and Dowden Management that this acquisition will close in June of 1988. Following the consummation of the acquisition of the existing properties and the new properties, Triax Midwest will own cable television systems serving approximately 105,000 subscribers in eight states. CoSt of the acquisition to Triax will approximate $171,000,000. The financing of this transaction is summarized as follows: (Dollars in Millions) Description Actual Percent Senior SeCured Notes Senior Revolving Credit Subordinated Notes Equity Total Capitalization $ 80.0 46.2% 15.0 8.7 38.0 · 22.0 40.0 23.1 $173.0 100.0% -2- The equity funds above have been committed as follows: Investor Triax or affiliate Triax existing investors New limited partners Total Limited Partner Equity Capital Amount (Millions) $ 5.0 15.0 20.0 $ 40.0 The senior debt is comprised of $80,000,000 of series A, B, and C notes and a $20,000,000 bank revolving credit facility of which $15,000,000 will be drawn down at closing. The series notes are scheduled to mature in years 5, 6, and 7 in the amount of $20,000,000; and $30,000,000; respectively. The bank revolving credit facility is a three-year revolving credit converting to a six-year term loan to be amortized in years four through nine of the Triax Midwest business plan. For purposes of projecting interest costs on this debt in the business plan, ~ Triax Management has assumed a ten percent interest cost per year. $38,000,000 in subordinated debt principal is due on June 30, 2000. In year one, interest will be accrued as principal. In year two, eight percent will be paid while four percent will be accrued as principal. For subsequent years, 12 percent interest will be paid each year. With the $173,000,000 of funds discussed above, Triax will purchase the following systems: 'Company Dowden Vantage Cable, Inc. Existing Triax Properties Total Purchase Price -(Millions) $ 91.5 36.0 43.5 $ 171.0 In addition to the purchase price paid above, closing costs are estimated at one percent of the total purchase price to Triax, one percent on the senior debt and subordinated debt for investment banking services and legal costs to Triax associates and lenders counsel. For a summary of the sources and uses relative to the Triax Midwest acquisition and the five-year cash flow projections, see Exhibit A. In reviewing the overall financing of this acquisition, it is noted that the debt to equity ratio is approximately 3.3 to 1. -3- Normal cable transactions normally call for a debt to equity ratio of approximately 3 or 4 to 1. In the interest of operating a financially viable system, it is best to keep the debt to equity ratio as low as possible. This enhances the potential for a more favorable return on investor's equity. The relationship of debt to equity as proposed in the Triax Midwest acquisition is favorable. ANALYSIS OF TRIAX AND TRIAX MIDWEST HISTORY OF THE COMPANY In June, 1982, Jim DeSorrento together with a partner, formed Triax. This was immediately followed by the formation of the first operating entity, Triax Associates I, which both purchased and successfully won a series of franchises in the suburban areas near Toledo, Ohio. During this period, Triax also formed its own construction company to ensure quality control, and to maintain critical deadlines and subsequently reduce construction costs. In 1983, a limited partnership called Triax Associates II was formed to build a cable television system passing over 11,000 homes in northeast Indiana, an area approximately two hours away from Triax Associates I's current cable operations. In'July, 1986, Triax Associates I completed an ownership restructuring. At that time, Triax repurchased Mr. DeSorrento's partners interest, admitted new equity investors and completed two acquisitions. The acquisitions increased Triax Associates I's subscriber count from about 14,000 to approximately 27,000 basic subscribers. Sinqe July, 1986, Triax has completed three more acquisitions totaling almost 30,000 additional subscribers using its .existing bank relationships and additional equity capital from its initial investor group. The charts attached to this report as Exhibit B document Triax's growth since inception in 1982. Per Triax management, the partnerships have been able to increase debt levels bas'ed on increasing cash flow and have been able to attract additional equity capital from existing investors based upon operating performance. These funds have been used to make acquisitions over the last three years. Tri~ax is the management and parent company of the Triax group of affiliates. At closing, Triax will be operating three partnerships: Triax Midwest; Triax Associates I, L.P.; and Triax Associates II, two self-contained partnerships. HISTORICAL OPERATING STATISTICS Since 1982, Triax has grown from zero to nearly 60,000 subscribers. Triax has accomplished this growth through a series of over 16 acquisitions and through the construction of new franchises. Per Triax Management, detailed budgets are prepared for each property under its management. For the last two years, its actual operating cash flow results were within 4.4 percent and 1.8 percent of its estimates, while keeping its capital expenditures within reasonable variances of budget for the same two years. In Triax Associates I, L.P., Triax's oldest and largest cable operation, the Company produced the following operating results: A C T U A L Budget Years 1983 1984 1985 1986 1987 1988 Gross $530,869 $1,385,978 $2,570,093 $5,061,981 $7,652,243 $8,924,702 Revenue Oper- ($360,002) $275,685 $867,407 $2,506,259 $3,404,650 $4,349,239 ating Cash Flow Margin (67.8%) 19.9% 33.8% 49.5% 44.5% 48.7% Included in the above analysis are acquisitions that were funded in 1986 with additional debt and $5.3 million new equity. The following is a table of completed acquisitions and the entities' performance through January, 1988. These companies have subsequently been integrated into the overall operations of Triax systems. ACQUISITION CURRENT PERFORMANCE Closing ~' # of Average ~ of Average Date Lead Community Subs Rev/Sub Subs Rev/Sub 10/84 North Manchester, IN 1,511 16.66 1,737 24.09 3/85 Swanton,OH 2,135 13.51 3,188 22.83 7/86 Angola, IN 2,800 16.22 3,533 22.24 7/86 Kendallville, IN 7,822 18.99 8,578 23.62 12/86 Wt. Curie, IL 5,423 20.35 6,117 22.95 In Triax's two largest acquisitions to date the same information summarized above is as follows: ACQUISITION CURRENT PERFORMANCE Closing ~ of Average ~ of Average Date Cable System Subs Rev/Sub Subs Rev/Sub 7/86 Triax Associates 27,569 19.73 27,951 24.67 I,L.P. 12/86 IL Triax Associates 17,065 18.38 17,724 21.69 IV,L.P. Substantially all of Triax's systems are located in or near metropolitan areas and in certain rural areas in which most residents do not receive a wide variety of off-air television ~ signals. In the cable industry such systems as these generally~ involve less economic risk than large suburban systems in which cable television often competes with numerous off-air television signals. It. appears that Triax has sought to develop and acquire cable systems that may be clustered in close geographic proximity in an effort to reduce overhead, maintenance and other costs as a percentage of systems revenues. While it is not possible to determine whether they will make additional acquisitions, they may continue to evaluate opportunities to acquire cable television systems which it believes has substantial potential for improvement and operating income through better management, increased rates and enhanced marketing ~f cable services. In evaluating cable acquisitions, cable managers consider the existence of limited reception of off-air television signals, the basic and premium penetration rate, the terms of the existing franchise, the likelihood of population growth in the franchise area, the potential for rate increases, the channel capacity of the system and the estimated capital expenditures for upgrading the system, if necessary, and the past marketing strategies used for the system. As indicated in the charts above, Triax has a track record for being able to increase the average revenue per subscriber, in addition to increasing the number of subscribers in their systems. In addition to the increases in the revenue per sub, Triax has also illustrated per review of Exhibit B, page 2, that they are able to increase the number of total subscribers as a percent of total homes passed. In 1985, the penetration rate of total subscribers to total homes passed was 46.8%. In 1987, the penetration rate was 53.7% and it is budgeted for ~988 that an average penetration rate of 56.4% will be generated. This level rate penetration is consistent with other cable systems that have clustered themselves like that of Triax. With a track record of increasing revenues per subscriber and increasing subscriber penetration rates, Triax has demonstrated that they are able to generate favorable revenue streams in their systems. In reviewing the operating margins experienced and budgeted by Triax Associates I, L.P. per the table above, it is noted that Triax management has also been able to control expenses and thereby generate operating margins that are favorable and typical of an up and growing cable operator. In reviewing the operating margins specifically, it is noted that Triax Associates I, L.P. has increased its operating margin from 33.8% in 1985 to 44.5% in 1987. For 1988 it is budgeted that a cash flow margin of 48.7% will be generated. The chart attached as Exhibit B, page 5 also reveals like trends for the Triax company as a whole. In order to service debt and subsequently generate an adequate return on equity, it is generally required that operating margins of at least 40% be generated. In the case of Triax, they are meeting this minimum standard and appear to have a track record which indicates that operating margins could grow in the future. With the~ acquisition of additional systems, Triax could be in a better position to consolidate certain administrative expense, and negotiate better rates for the program services that are provided on their cable systems. There is a general trend in the cable industry for cable systems to~be clustered so t'hat expenses can be consolidated and minimized so that operating margin can be enhanced to the fullest. Based upon Triax's historical operating statistics, it appears that Triax is an aggressive and competent group of cable managers. RETURN ON EQUITY ANALYSIS In developing a business plan, it is important to establish financial goals. In preparing a financial plan, one financial goal is measured in terms of return on investment. The goal that should be established by Triax Midwest should be .relative to the level of debt and equity financing. By investing funds into the Triax Midwest System both the equity investors and debt investors are at risk. As a debt investor in Triax Midwest, the lenders have a secured interest in the assets of the system. Because their investment is secured, the expected rate of return should be less than that of the equity investors. Equity investment, on the other hand, should expect a rate of return of approximately 20%. This is more than a debt investor expects at 10% to 13%. Equity capital costs more than debt capital. The more equity capital invested into a business, the higher the rate of return Using these assumptions, the equity investors in Triax Midwest should normally expect a rate of return of not less than 20%. A meaningful rate of return analysis for evaluating an equity investment is the discounted cash flow method. Under this method, --7-- equity and revenues are considered cash in-flows. Cash operating expenses, capital expenditures, interest, principal, and taxes are considered cash out-flows. A net cash flow generated each year is used to determine the rate of return based upon the equity capital invested. Using this method it is assumed that an increase in investment value of the franchise at the end of the business plan would occur by using a multiple of operating income (cable cash flow). Conservatively, a factor of eight should be assumed. Per review of Exhibit C, it is noted that the rate of return calculation using the discounted cash flow method was made for the equity investments in the Triax Midwest System. The Commission should note that the cash flows have been taken from Exhibit A which represents the Triax Midwest business plan for this acquisition. Using these cash flows against $40 million of equity investment by the Triax equity investors, a 22.15% return has been calculated. Comparing this return to the 20% range of expected return on equity investment discussed above, it can be concluded that the Triax Midwest financial plan as projected provides for an adequate return on equity investment. CONCLUSION This report has summarized and discussed the financing of the Triax Midwest acquisition of Dowden and other systems to be 'acquired. It has taken a look at the historical operating statistics of Triax management entity which will own Triax Midwest and finally' the return on equity analysis has been made. From this review the following items should be noted by the Commission: 1) Assuming that the final capitalization of Triax Midwest is as documented in this report, the ratio of debt to equity appears reasonable with that of other cable transactions in the industry and provides for a level of debt such that- the equity investors can generate.an adequate return; 2) Review of the historical operating statistics of Triax indicates that Triax management has been capable of increasing average revenues per subscriber in concert with increasing the subscriber base; 3) Triax has a track record which indicates that they are able to increase operating margin which therefore allows them to service debt principal and interest and subsequently generate adequate returns for their equity investors; 4)' The specific review of cash flows projected from this acquisition compared to the equity invested to acquire these systems indicates that a rate of return on equity investment would approximate 22.15%. This return appears adequate for the equity investors and indicates that, if the cash flows are generated, the cable systems will be economically viable. In any cable transaction, there is risk involved. The risk that faces Triax Midwest is its ability to generate adequate cash flow from operations, to service debt principal and interest and subsequently generate adequate returns for their equity investors. Review of the Triax operating statistics indicates that Triax is capable of increa$in~ operating margins and cash flow. Should the cash flows not be sufficient to service debt, Triax would need to obtain additional financing. The additional financing can be obtained in a variety of ways. It could be obtained through additional equity investment, debt investment, and/or the sale of existing assets. Triax has illustrated that they are capable of financing the acquisition of cable systems. In any cable transaction there are no guarantees. Triax, however, with its historical operating experience should be in a position to provide a cable system that is economically viable and ultimately benefit the subscribers of the Lake Minnetonka and Belle Plaine cable systems. With this report, the Commission should have a better financial understanding of the Triax Midwest/Dowden transfer. Based upon my review and the discussion herein, there does not appear to be a ~ reasonable basis upon which to deny the transfer of Dowden to Triax' Midwest. -9- Exhibit A Triax Midwest Associates, L.P. $ 20.0 20.0 80.0 15.0 38.0 0-0 $173.0 Senior Interest Subordinated Interest Manag~nt Fees Deferred Pref. Stock $171.0 (3.5) 4.0 ].989 2990 )992 )992 2993 $1.5 $2.0 $2.9 $0.8 $2.1 20.0 15.7 19.4 22.5 22.4 45.8 9.5 9.5 9.5 9.4 9.2 0.0 3.4 5.3 5.3 5.3 0.0 0.0 0.0 2.0 22.0 2.8 1.9 2.2 1.6 1.8 1.4 1.7 1.8 2.0 2.1 To~ Uses $171.5 13.7 16.5 21.7 20.3 40.4 1.5 2.0 2.9 0.8 2.1 5.4 Exhibit B - Page IN THOUSANDS 100 95 9O 85 8O 75 70 65 6O 55 50 45 40 .35 3O 25 20 15 10 5 TOTAL HOMES PASSED 1.145 1982 9.068 1983 23.974 35.276 1985 YEAR 59,472 1986 106.952 107.783 1987 1988 Budge! © 3/I/88 1RIA. X COMMUNICATIONS Exhibit B - Page 2 IN IHO'IJSAND$ 70 20 10 0 TOTAL SUBSCRIBERS 11.088 7O5 4.747 46 8 16.5 3~ 1982 1983 1984 1985 1986 YEAR 53.'7% 57.4O8 56.4% 60.839 1987 1988 Budget © 3/1/88 TI::;'IA.X COMMUNICATIONS Exhibit B - Page 3 IN MILLION $ o 18 GROSS REVENUE 16 17,521.381 14 12.159.031 :::::::::::::::::::::::::::::::: 12 10 8 6 6,001,856 4 2 530.869 24.953 1982 1983 3,625,314 1984 1985 YEAR 1986 1987 1988 Budget 311/88 II:aAX COMMUNICATIONS 15 10 5 AVG. REVENUE per subscriber 19.50 20.50 17.58 1982 1984 21.76 1985 YEAR Exhibit B - Page 4 21.22 21.40 24.28 ]986 1987 . ]988 Budge! © 3/1/88 TI'~ COMMUNICATIONS Ioo,.I - l Exhibit B - Page 5 IN MILLION $ I0 9 8 7 6 5 4 3 2 CASH FLOW I~0TE: CASH FLOW IS DEFINED AS'THE FUNDS AVAILABLE FOR DEBT SERVICE, MANAGEMENT 8.671.g45 FEES AND CORPDRATE ALLOCATIONS. 49.5% N/A 127.505 6.7% 1.290,146 35.6% 2.352.950 39.2% -::.: .'ii!:... 1982 1983 1984 1985 1986 YEAR 5,285.133 1987 1988 Budget 3/1/84) IRL~kX COMMUNICATIONS Z Dowden Cablewstems February 26, 1988 City of Mound ATTN: Mr. Ed Chuckle City Manager 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Chuckle: This letter will confirm our telephone conversation of today. Dowden Cable Partners, L. P. has signed a purchase and sale agreement for the assets of Dowden Cablesystems with Triax Midwest Associates, L. P. including the cable television system serving Mound. Pursuant to our franchise agreement, dated May 9, 1983, we are obligated to offer the city an opportunity to purchase the system. Assuming there is no interest on the part of the city to purchase the system, we would like to exercise our right to request that. the formal transfer process begin. Triax Midwest has agreed to purchase '100% of the assets of' Dowden Cable Partners, L.P. free and clear of all liens, liabilities and encumbrances for $91.5 million dollars. A full package of information detailing the terms of the sale is being submitted to your city by John Byrnes, attorney for the seller. It is my understanding that Triax Midwest will continue to operate the system in the same professional manner as has Dowden and no changes in local management nor technical staff is contemplated. Mr. Jim Vaughn, Operations Manager of Triax, will provide you with his company's resume and plans for operating the system in Mound. Dowden and Triax Management are prepared to answer your questions and attend meetings necessary to expedite the transfer process.. A closing date of May 30, 1988 is projected. Should you have any questions, please feel free to call me. We have enjoyed our relationship with the City of Mound over the years. DOWDEN CABLE PARTNERS, L.P. By: Mary A.~Smith, Regional Manager CC: Jim Vaughn John T. Byrnes Richard Hokamp Nancy Wood /~07 Managed By Dowden Cable Partners, L.P., 2381 Wilshire Boulevard, Mound, Minnesota 55364 (612) 472-6394 March 30, 1988 Dowden Cablesystems Mr. Ed Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364 MAR 3 1988 Dear Ed: On behalf of Triax Communications Corporation and Mr. James C. Vaughn, its Director of Operations, I am enclosing the following information for your review: -Financial Statements for Year End 1987 -Organization Chart of Triax Corporate Staff -Brief Biographies of Key Personnel -Triax Growth and Development Brochure Also enclosed is a proposed resolution from Triax for your consideration. If you have any questions or need additional information, please do not hesitate to contact me. Yours very truly, Mary A. Smith Regional Manager MAS:mrf Enclosures CC: James C. Vaughn M. Kent Sharp Managed By Dowden Cable Partners, L.P., 2381 Wilshire Boulevard, Mound, Minnesota 55364 [612) 472-6394 immm! o o II, lAX CON'AI~IC. ATIOIIS CIXlK)I~.TIOW CO~POI~ATE OFFICE OIIGANIZATIO~ £NAIT IqAtC# I, 19~8 l~Al~ T (~t4[ LOPI(IIT dlT IST C~l~d O~ 11( IQaJ~/CIG c~aiol~ i[ CQIIIQLLlll JOE ¥110 1P(Cll, L llIG/(Cl$ KI Il l t[VTILY P1ll~ l l, TRI COMMUNICATIONS CORPORATION JAM~-q D~-c~DRREIqlD - CI~{ ~ of the Bc~__rd and Chief Executive Officer Mr. DeSorrento has served as Chief Executive Officer and Chairman of the Board of Triax C~L=,unications Oorporation since the company's formation in 1982. He is also a General Partner of Triax Associates I, L.P., one of TCC's operating affiliates. Mr. DeSorrento has been involved in the cable television industry since 1970, holding various operational and management positions over the 18-y~ar period. Mr. DeSorrento is a past president of the Ohio Cable Television Association, and was active on the state's President C~L~L,~ttee, an NCTA subc~t~ittee formed to Congress reqaxd/ng the passage of Copyright legislation. Mr DeSorr~nto has been responsible for financing and managing the growth of TCC and its affiliates from zero to nearly 60,000 subscribers. During this period, the Company won over 40 new franc21ises and cc~pleted 16 aoquisitions. Under Mr. DeSorrento's d~r~ction, TCC's gross revenue has grown to over $18 million, and operating c~h flow has increased to over $9 million. Prior to TOC, Mr. DeSorrento held positions of Vice President of Corporate Development with U.S. Cable Corporation, a 150,000 subscriber cable MSO; and spent almost five years as Vice President of Inve~'~ent Banking at Daniels & Associates, one of the largest inve~t~nt banking and brokerage firms serving the cable television industry. From 1970 through 1975 Mr. DeSorrento held various operational and management positions with Viacom International, Inc., including Director. of Marketing, and General Manager in San Francisco, one of the larger cable telev/sion systems in the early 1970's. After San Francisco, Mr. DeSorrento became Viaccm's Regional Manager in Cleveland, Ohio. JAY R. BUSCH- President Mr. Busch has responsibility for TCC's continuing operations with em%ohasis in the areas of corporate finance, acquisitions, and corporate development. Mr. Busch's · 14-year history in the cable business has focused on corporate finance and mergei~ and acqu/sitions. Responsibilities include assessing capital needs and designing funding alternatives to reach corporate objectives. As a Senior Investment Banker with D~niels & Associates over the last eleven years, Mr. Busch completed financing transactions totalling about $500 million; merger transactions totalling over $1 billion; and a variety of consulting projects for clients such as General Electric, Tribune Company and Warner C~unications, Inc. Mr. Busch assisted in the strategic planning and development of the Investment Banking Division at D~niels which grew from six .people in 1977 to 20 people at the end of 1987. Mr. Busch is a regular speaker on the financial panels offered at Paul Kagan Seminars, the National Television Association Conventions and Daniels and Associates seminars. Prior to joining Daniels & Associates, he spent four years working for Syraoase University designing, and implementing a cable television system on the University campus. Mr. Busch ccmple~ his B.S. degree with a major in Finance at Syracuse University and r~ceived his M.S. in Business/Engineering from the University of Colorado. J~MES C. VAU~{N - ~r of O~rat{o.- Mr. Vaughn has overall responsibility for the day-to-day operations of Triax OaL~unications Corporation and its respective operating entities, including relations, budget and expense controls. Over the last six years, Mr. Vaughn has held operations management positions with Enstar O-~unications, ~4ank~, an~ most recently, with Tele-O~u~nications, Inc. in the 500,000 hcme Chicago system. In these positions, Mr. Vaughn supervised start-up cable operations in Miami, Florida, Chicago, Illinois and several smaller scutb~A~ cc~nities. From 1977 to December, 1982, Mr. Vaughn was Director of Engineering for Cox ~ble Oorporation, supervising over one million total subscribers and specifically overseeing the start-up of cable operations in New Orleans, Louisiana, Tucson, Arizona, Omaha, Nebraska and Cleveland, (1bio. Prior to joining Cox C~_ble, Mr. Vaughn held the position of Director of Engineering in various Viacom International, Inc. cable ~. In those positions Mr. Vaughn participated in many engineering projects including the development and execution of satellite delivery and launch of Viaccm's Showtime pay television service. DAVID M. DOWNEY - Director of M~keel,q and Fran_ehi-~e DevelOP. Since 1983, Mr. Downey has worked at a variety of operational positions with Triax O~..~,unications Corporation. Currently, Mr. Downey has responsibility to conceptualize and administer the direct marketing plan of TCC and its affiliates. Additional responsibilities include rate planning and new property development. Prior to joining TCC, Mr. Downey worked for U.S. Cable Corporation in their corporate development offioe. In that position, Mr. Downey was active in system frarKrtlising and assisted in system planning and budgeting. In 1980 and 1981 Mr. Downey worked as a staff representative for the franchising efforts in New York, Chicago ar~ Los Angeles. Prior to joining the c~ble ir~ full time, Mr. Downey produced television cc~_rcials for Los Angeles based retail advertisers and held a door-to-door sales position near Pasadena, California. J. MICHAEL PAUK - Corporate Oontroll--~ Mr. Pauk joined TCC in August, 1986, during the start-up phase of its corporate headquarters. Mr. Pauk helped develop and implement financial, accounting and administrative controls including initial set-up of chart of accounts, computerized general ledgers and reporting systems. Mr. Pauk is involved in a number of acqu/sition projects and analyses including contract review, projections and analyzing financial structures. Mr. Pauk is responsible for cash management, regulatory filings, financial statement preparation, insurance coordination and corporate administrative functions. Prior to joining TCC, Mr. Pauk held the position of A,~it & Acccunt~ Manager for Arthur Ander~_n & OD. where he was responsible for all levels of planning, supervision, coordination and review of audits of various sizes ranging f-~-~ $1 million to $6 billion in assets. ]~:LTC OLS]~ - Reqi. oT~'~ 1,~naqe,c Mr. Olsen is the Regional General Manager of the newly-acquired Illinois systems, where_he molded together seven companies. He impl~ment_~ policies to upgrade the systems, raise rates and begin an extensive marketing campaign. Prior to being appointed Illinois Regional Manager, Mr. Olsen held several positions in TCC affiliates, including Data Processing Manager, whereby he oonverted 16,000 recently ac~,~ed subscr~ into a new billing system. Upon joining Triax Associates II in 1983, he designed and oversaw the construction of 200 m4les of plant in Indiana, serving 2,500 subscribers. He was S~ Manager of the North Webster, Indiana system serving over 14,000 subscribers, which included duties in the areas of engineering, marketing and ~dgeting. Prior to joining Triax Associates II, Eric worked for U.S. C~_ble where he began as an installer in 1978 and rose to the position of Chief Engineer, a position he kept until leaving U.S. Cable. Sm EN R. TRr z - m ion Man r Mr. Trippe is the Regional General Manager of Ohio, Indiana and Michigan. He h~ had extensive experie_nc~ in the cable television industry during the past six years, including the area~ of marketing, customer service, franchising and operations. Prior to becoming a Regional Manager, he spent three years as a System Manager in Waterville, Ohio, where he was .responsible for the daily operations of the system. P£evious to this, he was selected as Marketing Manager for Triax Associates II in North Webster, Indiana. He spent two years in this position where he supervised and maintained a sales staff of 12. His experience also includes three years as a Platoon Leader of a combat engineering platoon in the Ohio' National ~d. He spent four years on' active duty in the United States Army where he graduated frcm Offioer Candidate school and the United States Army Engineering School at Ft. Belvior, vi inia. GARYT. CROSBY-Req-ionalManaqer Mr. Cr~ has served as the Regional Manager in Illinois and Wisconsin for Dowd~n Cable, Inc. since joining the company in 1982. From his headquarters in I~na, Illinois, Mr. Crosby 'ba-~ been responsible for construction and development of 29 systems serving 55 c~uL~nities. Under his supervision, the regions have ~ to 18,000 subscribers served by 525 miles of cable plant. Included as part of Mr. Crosby's responsibilities are management of 28 people, maintenance of a cable network of systems f~-~, the East St. L~4~ area to Central Wisconsin, and public relations. Mr. Crosby is familiar with the franchising process and is active in c~=~u~ity, affairs. He is currently active in the Illinois ~ble Television Association and Chamber of O~u~rce affairs. Prior to joining Dcwden, Mr. Crosby was Vice President and third-generation principal of Crosby ~ble Co., Inc., which was founded by his grandfather in the early 1950's. JOYCE ~ - Reqional Manager )Mrs. Vermace is Regional Manager for Dowden's Ic~a systems and is a 6-year veteran of the company. She began her career assigr~ in 1982 by coordinating early efforts in Iow~ as Dowden pioneered the cluster--conch-pt of small c~a.unity c~ble television operations. Mrs. Vermaoe has played an active role in all phases of cable development and operations frc~ frar~ing through oonstruction to customer service. She is responsible for a network of 35 systems serving 45 c~'¢unities which serve approximately 12,500 subscribers in Central and Eastern Ic~a. Her day- to-day responsibilities include personnel training a~d supervision, gcv~t and public relations, marketing and overall systems operation. Mrs. Vermace is vice President of the Iowa Cable Television Association and baa l~hied in Washington., DC, on behalf of the cable television industry. Prior to joining Dowden, she was Shipping Coordinator/Dispatcher for Santee Cement Corporation in South oarolina. Mrs. Smith is Dowden's Regional Manager in Minnesota. She is responsible for supervision ar~ development of the 15 headends serving 43 Minnesota c~,dnities. Her strong organizatio~ ,skills, public relations and marketing efforts have placed Dowden in a highly-respected position in an area where cable operators have often failed to deliver on the expectations of cable television. Before joining Dowden, Mrs. Smith was Manager of Zyl~ted ~hle Television Company's Chaska and Shakopee, Minnesota systems throughout the construction and initial operations stages. She coor~4nat~_ land acquisitions for several headend sites, established public access studios and business offiCes, hired staff, d~rected marketing and sales, initiated television production workshops, and produced and hosted a weekly . ~mlevision show. Mrs. 'Smith was instrumental in setting up the Twin cities C~ble ~sortium and the Twin cities Metro General Managers C~u~,~ttee. She is presently chairman of the Twin cities C~_ble Marketing Consortium. Ric Hanson joined Triax in March, 1988 as Regional Manager. Prior to joining Triax, he w~s Regior~l Manager for Combined C~_ble Corporation for over nine years where he operated sy~ in Minnesota, Iowa and wisconsin. Mr. Hanson w~s responsible for frying 17 C~Lu'~z~nities and overseeing the construction of 27 cable fr~~. He converted all subscribers to CableData's on-line billing system and completed ~bleData's training and conversion se~. He built and operated the company's only addressable system which linked ten communities' school systems together via microwave. Mr. Hanson was also responsible for developing a four-state dispatching system, allowing cable customers 24-hour services. RESOLUTION 88- RESOLUTION VACATING A PORTION OF CERTAIN PERPETUAL EASEMENT OVER PART OF LOTS 12, 13, 14 and 15, KOEHLER'S ADDITION TO MOUND. WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may by resolution vacate any easement when it appears in the interest of the public to do so; and WHEREAS, the City of Mound has claimed a perpetual easement for street and utility purposes over the following described land: Lots 12, 13, 14 and 15, KOEHLER'S ADDITION TO MOUND WHEREAS, a public hearing was held on April 26, 1988, as required by law; and WHEREAS, it has been determined that portions of said easement are no longer required and good area planning requires that portions of this easement be vacated and that it would be in the public interest to do so. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound; Minnesota: Hereby vacates the utility easement over the following described property: "The Northerly 15 feet of the Southerly 20 feet of Lots 12, 13, 14 and 15, Koehler's Addition to Mound". ' 2. Hereby vacates the following described easement: "A perpetual easement for street and utility purposes over, unde~ aod across that part of Lot 12, Koehler's Addition to Mound, lying southwesterly of the following described line: Beginning at a point on the south line of said Lot 12 distant 20.00 feet east of the southwest corner of said Lot 12; thence northwesterly to a point on the west line of said Lot 12 distant 20.00 feet north of the southwest corner of said Lot 12 and there terminating." except retaining that portion described as follows: "A perpetual easement for street and utility purposes over, under and across that part of Lot 12, Koehler's Addition to Mound, lying southwesterly of the following described line: Beginning at a point on the south line of said Lot 12 distant 8.00 feet east of the southwest corner of said Lot 12; thence northwesterly to a point on 'the west line of said Lot 12 distant 8.00 feet north of the southwest corner of said Lot 12 and there terminating." A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in the office of the County. Recorder and/or the Registrar of Titles, as set forth in M.S.A. 412.851. I HEARING NOTICE CITY OF MOUNB MOUi~D ~ MINNESOTA NO]'ICE OF HEARING ON F'ROF'OSE£~ VACA'r ION OF UTILITY EASEMENT OVER A F'ORTION OF LOTS 127 13, 14 AN£1 15~ KOEHLER'"S ADDITION TO MOUND,- PID ~ 13-117-24 :_~::2:00:_--:0 · 54,~.8 LYNWOOB BOULEVARD NOTICE 1S HEREBY GIVEN, that the City Council o¢ the City o¢ Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at. 7: :2:(I) F'. M. on Tuesday: Apni i 2.-'/~,, i'.-:*:E:8, to consider the vacation o¢ certain utility easeF.,ents over a poptio~ o¢ Lots ].2, 1:2:, 14. and 15,, Koehler'"s Addition to Mound:. PID $~ 1:B- 117-24 :_--:3 ~]0:30,.. 5468 Lynwood Boulevard. Such persons as des'ire to be heard with re~:'erence t.o the above will be heard at this meetind... Francene C. Cla~*k? City Cle**k F'ublish in The Laker April 11 1':~== and April 1'=' APPLICATION FOR STREET VACATION CITY OF MOUND APPLICANT ~.,~. b¢¢. ~ LEGAL DESCRIPTION OF PROPERTY 6~NED BY APPLICANT: LOT/S) ,~Z,-;, /3; )/1/ ¢/ / ~"~ ~TO~B VACATED 3/84 CASE N~ FEE DATE FI LED 4//~/J/atr PID # B_~ SUBDIVISION REASON FOR REQUEST ADDRESS TEL. NO. Applicant's Interest in Property Residents and owners Of property abutting the street to be vacated: (Please attach list. CertiFied mailing list can be obtained from Hennepin County by calling 348-3271) Recommended by Utilities: NSP OK Recommended by City: Public Works Chief ; Cable Systems __; Minnegasco ~ ,;. , ; Fire Chief Other Departments Continental Telephone ; Engineer ; Police Planning Commission Recommendation: Approve the easement vacation of the northerly feet recommended by the City Engineer. Date 4-11-88 Council Action 4-26-88 Resolution No. Date Planning Commission Minutes April 11, 1988 2. Case No. 88-?08 Vacation of Utility Easement for site of the proposed Public Works Building at 5468 Lynwood Boulevard Lots i2 through 15, Koehler's Addition to Mound City Engineer, John Cameron, was present for the City The City Engineer, John Cameron, passed out a drawing showing where the existing utility easement is located and explained that the City does not need this easement for utilities and a portion of the proposed public works building is on the easement. He is recommending that 15 feet oF the 20 foot easement be vacated and the other 5 Feet be retained. He commented a gas line is in that S Foot that would be retained plus there is 4 feet to back oF the curb. He feels that there is plenty oF room for Minnegasco as the utility lines are shallow. Smith moved and Jensen seconded a motion to approve the ease- ment vacation oF the northerly iS Feet recommended by the City Engineer. The vote was unanimously in Favor. The City Council will set a public hearing date at the the April' 12th meeting. Public hearing will be April Iai? Councilmember Ulrick moved the following resolution. November 24, 1981 42O RESOLUTION NO. 81-37~ RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE VACATION OF THE PUBLIC STREET EASEMENT BUT RETAINING THE PUBLIC UTILITY EASE- MENT - LOTS 12, 13, 14 & 15, KOEHLER'S ADDN. TO MOUND WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may by resolution vacate any street, alley, public grounds or public way, or any part thereof, when it appears in the interest of the public to do so, and WHEREAS, the City of Mound has claimed a street and utility easement over the following described land: "The Southerly 20 feet of Lots 12, 13, 14 and 15. Koehler's Addition to Mound", and WHEREAS, a public hearing was held on November 24, 1981,. as required by law, and WHEREAS, it has been determined that good area planning requires that this ease- ment be vacated and that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. Hereby vacates the street easement over the above described property except that 'portion described as follows: "A perpetual easement for street and utility purposes over, under and across that part of Lot 12, Koehler's Addition to Mound, lying south- westerly of the following described line': Beginning at a point On the south line of said Lot 12 distant 20.00 feet east of the soutEwest corner of said Lot 12; thence northwesterly to a point on the west line of said Lot 12 distant 20.00 feet north of the southwest corner of said Lot 12 and there terminating." 2. It is not in the public interest to vacate the utility portion of the easement over this area and it shall be retained by the City. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be re- corded in the office of the County Recorder and/or the Registrar of Titles as set forth in M.S.A. 412.851. The motion for the adoption of the foregoing resolution was duly seconded by Council- member Charon and upon vote being taken thereon; the following voted in favor thereof: Charon, Polston, Swenson, Ulrick a'nd Lindlan; the following voted against the same: none, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Mayor / ~ · ~ · IO~Atf.~st: Acting City Clerk E J- I~Il .,% 8" / BELMONT LAN 0 r'q m C 60~ 80' 0 PROPOSED RESOLLTION 88- RESOLUTION NO. 88- RESOLUTION TO EXPAND THE FLOOR AREA OF A NON- CONFORMING LOT AND STRUCTURE FOR LOT 10, BLOCK 11, SHAD]~OOD POINT: PID ~18-117-23- 23 0056 (1927 LAKESIDE LANE) WHEREAS, the applicant is proposing to construct a second floor on top of an existing single family residence with existing side yards of 4.6 £eet and 4.9, street front of 9 feet, lot area of 8,450 sq. ft and lot width of 51 ft · and ' '' k~rEREAS, the zoning code for the R-1 single family district requires a 30 foot street front setback, a side yard setback of 6 feet and 10 feet for lots of record, a lot area of 10,000 sq. ft. and a lot width of 60 feet; and WJEREAS. SECTION 23. 404 Subd. (8) provides that alterations mar be made to a building containing a lawful nonconforming residential unit whe~ the alteration will improve the tivability thereof but the alteration may not increase the number of units. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound Minnesota as follows: That the City does hereby authorize the existing' nonconforming principle structure setback at.1927 Lakeside Lane; PID~ 18~117-23-23 0056. The City Council authorizes the existing structural setback violation and authorizes the alterations set forth below, pursuant to Section 23.404 ~Subd. (8) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restructions of Section 23.A04. It is determined that .the livability of the residential unit will be improved by authorizing the following alterations to the nonconforming use property: A second floor may be added to the existing principle structure over the existing living area only as shown on EXHIBIT 'A with the conditions a. the southeast side yard be 4.9 feet at the closest projection except the eave, b. the northwest side yard be no less than 10 feet, c. the southwest lakeshore be no less than 50 feet, d. the street front may not be less than the present 9 foot at the garage to the 28.5 foot setback of the habitable space of the existing structure, e: adequate drainage from the proposed hip roof shall be diverted to divert the water to the lakeshore area of the property with adequate gutters and downspouts. Bu~]c~i'ng Sketch Planning Commission Minutes April 11, 1988 BOARD OF APPEALS ]. Case No. 88%?07 Request of variances For ]927 Lakeside Lane Lot 10, Block 11, Shadywood Point; PID 18-]17-23 23 0056 Bradley and Judy Chapman were present. The Building Official, Jan Bertrand, reviewed her report. The applicant wants to add a second floor to the existing single family dwelling and a ]0 by 25 fop% addition to street front of home which would approximately double the existing floor area. The existing structure is 9 feet to the street front right-of- way; the existing side yard set backs are 4.6 feet and 4.9 feet; and the lot area is 8,~50 square feet. The Zoning Code for the R-] residential district requires 30 Foot street Front setback, ]0 foot side yard setbacks and tot area of ]0,000 square feet. A previous variance in ]969 was granted to allow the 9 Foot front yard and 4.6 foot side yard for the attached garage. ' She recommended if the varFances are granted, that the second floor addition stay in line with the 4.9 Foot setback to east Property line and the ]0 foot by 25 foot addition have conforming setbacks. ].n figuring the distance From the street, she realized an error had been made and the proposed foyer addition to' the front of the home was already too close to the street. Her recommendation also including diverting drainage From the proposed hip roof to the southeast lakeshore area with adequate The Commission discussed the number o~ variances required for this proposal and Sohns stated he would only be in fayor of approving variances'if applicant could stay within the Footprint of the existing structure. The applicant stated the foyer was needed to put in the stairway to the upper level or it would be in the middle of the bedroom. The Commission discussed if this was the minimum variance which woul~ alleViate the hardship and thought it possible to find an acceptable plan that would fit the footprint. Reese moved and Weiland seconded a motion to recommend allowing the expansion within the footprint of the existing building. The vote was unanimously in favor. This item will be referred to the City Council on April 26th.' CASE NO. 88-707 TO: Planning Commission, Applicant and Staff ~ FROM: Jan Bertrand, Building Official Planning Commission Agenda of April II, 1988 CASE NO. 88-707 APPLICANT: Bradley Chapman LOCATION: 1927 Lakeside Lane LEGAL DESC.: Lot 10, Block il, Shadywood Point~ PID # 18-117-23 23 0056 SUBJECT: Side Yard Setback, Front Yard Setback, Lot Area and Width Variance EXISTING ZONING: R-i Zoning - Single Family Residential PROPOSAL: The applicant is proposing to construct a second floor on top of an existing single family residence with an addition of 10 feet by 25 feet to the front of the house. The current structure contains 843± square feet and the proposed addition and second floor area will approximately double the existing floor area. The existing structure contains side yard setbacks of 4.6 feet and 4.9 feet. The north setback to the street right-of-way -is 9 feet, the setback to the south front ]akeshore is plus 50 feet, lot area 8,450 square feet, lot width is 51 feet~. The Zoning Code .requires a 50 foot ]akeshore setback; a 6 foot and 10 foot side yard setback for lots of record, a 30 Foot street Front setback, a lot width of 60 feet and lot area of 10,000 square feet. The application of the Zoning Code results in a request of 5.4 and l. i foot side yard setback, ]550 square foot lot area? and a 9 Foot lot width variance to the present R-! Zoning District requirements. COMMENTS: The existing structure is non-conforming due to inade- quate sideyard setbacks and front yard setbacks. In 1969, the present garage was granted a variance to allow the 9 foot front yard and 4.6 foot side yard. Resolution No. 69-228 is attached. The Ordinance forbids alterations of non-conforming residential units when the improvements increase the bulk of the building. The doubling of the floor area obviously increases the bulk of the building. RECOMMENDATION: IF the variances are granted, staff would recom- mend that the second floor addition stay in line with the 4.9 foot setback to the east property line with the new addition of 10 foot by 25 foot + added to the northeast front yard setback with conforming 6 foot sideyard and conforming 30 foot front yard setback, if the second story is added within 4.9 feet to the property line, adequate drainage from the proposed hip roof should be diverted to the southeast lakeshore area of the property with adequate gutters and downspouts. The topography of the site does vary as the elevation of the Front yard is approxi- mately ]3 to ]5 feet difference from the lakeshore elevation of 929.4. Case No. 88-707 Page 2 The abutting neighbors have been noti6ied. Photographs are on 6ile. This will be re6erred to the City Council on April 26, 1988 meeting. JB/ms lO,ti. CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) 1. Street Address of Property_J__~ 2. Legal Description of Property: Lot Addition Address_~ L-- o--v~-~- ~ 4. Applicant' (if other than owner): Name case ~o.~y- 7~7 Fee Pa i d .~ ---- Block Day Phone No. Day Phone No. Address 5. Type of Request: ( ) Wetland Permit *If o'thec, specify: · Present Zoning District ~- / Existlng Use(s) of Property~ Variance ( )ConditionaI Use Permit Zoning Interpretation & Review ( ) P.U.D. ( .) Amendment ( ) Sign Permit ( )*0ther Has an application ever been made for zoning, variance, or conditional use permit or If so, list date(s) of other zoning procedure for this property? list date(s) of application, action taken-ar~U provide Resolution No.(s)(_o~-<~ _ Copies of previous resolutions shall accompany present request. I certify that all of the above statements and th~ statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the pre~mises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be req~zi ~?~~ red~/y law. $ign.ature of Applicant Planning Commission Recommendation: To recommend al lowingthe expansion within the footprint of the existing building. 4-11-8B Date Council Action: Resolution No. 4-26-88 Date l~equest for Zoning Variance Procedure F. Location of: Signs, easements~ underground utilities, et~. Indicate North compass direction Any additlonal information as may reasonably be required by the City Staff and applicable Sections .of the Zoning Ordinance. III. ~equest for a Zoning Variance .A. All.information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does.the present use of the property'conform to.{ll~/use r tions for the zone district in which )t is located? Yes ~ No .e~a If "no", specify each non-conforming use: Ce Do the existing structures comply with'all area hei~and bu!k_~regulatlons for the zone district in which i't is.located? Yes ' No '~ "'-- If "no", specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses .permitted in that zoning dist~rict? !'?.) .Too narrow ( ) Topography ( ) Soil (~)~'I Too.small (-) Dralnage ( ) ' Sub-surface . · To° shallow' ( ). Shape ( ) Other: Specify: Was the hardship d~scribed above created by the action o~ anyone having property ipterests in the land after the Zoning Ordinance was adopted? Yes ( ) No ~ If yes, explain: F. Was the hardship created by any'~r man-made change, such as the reloca- · tion of a road? Yes ( ) No If yes, explain: Are the conditions of hardship for which'you request a valance only to the property describe~ in this petition?, Yes (~/~) No peculSar If n~, how many other properties are similarly affected? ( ~' What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation· Attach additional .sheets, if necessary.) Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? ? / / / ? / 105o CERTIFICATE OF SURVEY Prepared for; LEGAL DESCRIPTION: 'Lot 10, Block 11, SBADYWOOD POINT, according to the re- corded plat thereof, Hennepin County, Minnesota. o Denotes )ran monument '+' DanDles cross chlse~ed in concrete ~ 939.7 Denotes existing spoi elevation ~ DanDles proposed spot elevation · DanDleS surface alFa)nogs Dashed contour lines denotes proposed features Solid contour lines denotes existing features ALL-METRO LAND SURVEYORS 2340 Daniels Street Long Lake, Minnesota 55356. Ph: 475- 1433 GENERAL NOTES __ Proposed lop o! foundation elevation = Proposed basement Steer elevation = Proposed garage floor elevation = BENCHMARKt I hsrsb¥cerHf¥ th(~t this surve,f,p~3nor rep wot prepared ~ ~ . ~ -;-*---~ Lend Surveyor 69-228 3-1-5-69 .. RESOLUTION. NO. 69-228 RESOLUTION GRANTiNG GARAGE VARIANCE (Lot 10, Block 11, Shadywood Point) the owner of Lo~ 10, Block 11, Shadywood Point has requested setback variances in order to build a garage, and WHEREAS, a hardship exists, and the Planning Commission has recommended that the variance be g~anted, NOW, TN~r%EFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MOUND, MiNNESOTA: That the requested variances be granted. Adopted by the Council'this 5th day of November, 1969 Clerk's Notice to Post a~d Publish -- HC 1163 ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review of the MOUND in HENNEP I N will meet at the office of the CITY Clerk, in said at. 7:30 o'clock P. ]VI., on Dated this 25th 'day of. ..April Tuesday , the day of ,19 s, for the pm-pose of reviewing and correcting the assessment of Said C i ty for the year 19 8tt All persons considering them,~elves aggrieved by said assessment or who wish to complain that the property of another is assessed too Iow, are hereby notified~to appear at said meeting and show came for having such assessment corrected. No complaint that another person.is assessed too Iow will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. 1988 : Publish in The Laker April 25, 1988 Francene Co Clark, CMC, City Clerk Clerk of the City of Mound HEARING NOTICE CITY O~ MOUN[t MOUND, MINNESOTA NOTICE OF HEARING ON PROPOSED VACATION OF SLOPE EASEMENT OVER A PORTION OF LOT 2 AND PART Or LOT 3, BLOCK 1, PEMBROKE PID # 19-117-23 34 0112 ~06 INVERNESS LANE NOTICE IS HEREBY GIVEN, thmt the City Council of the City oE Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7'30. P.M. on Tuesday, May 10, i'~P.~:, __, to consider. the vacation o; certain slope easements over a portion o~ Lot 2, and that part of Lot 3 lying Nly o~ Sly 2 ~eet thereof subject to roads, Block 1, Pembroke: PID $~ 1~-117-23: 2:4 0112: also to be known as 3006 Inverness Lane. Such persons as~ desire to be heard with re~erence to the above will be heard at this meeting. Francene C. Clark, City Clerk · Publish in The Laker April 25, 19:B:B and Ma), 2, 19:_:::::. LEGAL NOTICE NOTICE OF HEARING CITY OF MOUND, MINNESOTA Notice is hereby given that the City Council of the City of Mound, Minnesota, will hold a Public Hearing on Tuesday, May 10, 1988, at 7:30 P.M. in the City Council Chambers at 5341 Maywood Road. The purpose of this hearing is to obtain input for she development of the 1989 Budget. All interested persons will have the opportunity to be heard. Publish in The Laker May 2, 1988- EXTRACT OF MINUTES OF MEETING OF T~E CIT~ COUNCIL OF T~E CITY OF MOUND ~ENNEPIN COUNT~S, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City CoUncil of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 26th day cf April, 1988, at.7:30 p.m. The following members were present: and the following were absent: The Mayor announced that the next or~er of business would be the consideration of bids for the purchase of $790,000 General Obligation BUilding Bonds of 1988 of the~City as advertised for sale. The City Clerk then presented the bids which had been delivered to her prior to the time specified in the notice of sale, and said bids were opened, examined and found to be as follows: Miller & Schroeder Financial, Inc. . Northwestern Financial Center' 7900 Xerxes Avenue South ' P. O. Box 789. Minneapolis, Minnesota 55440 (612) 831-1500 Toll Free Minnesota (800) 862-6002 Toll Free Other States (800) 328-6122 RE: RESULTS OF S~LR -- APRIL'26, 1988 BID OPENING 11:00 a.m.C.D.T. AWARD At 7:30 p.m.C.D.T. CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA $790,000 General Obligation Building Bonds of 1988 BIDDERS FIRST BANK NATIONAL ASSOCIATION (Minneapolis, MN) Moore Juran & Company, Inc. (Minneapolis, MN) M.H. Novick & Co., Inc. (Minneapolis, MN) RATES 5.00%-1989 5.15 -1990 5.25 -1991 5.40 -1992 5.60 -1993 5.80 -1994 6.00 -1995 6.20 -1996 6.40 -1997 6.50 -1998 6.70 -1999 6.80 -2000 6.90 -2001 7.00 -2002 7.00 -2003 PRICE $778,940 N.I.C. 6.7613% ($474,475.63) NORWEST INVESTMENT SERVICES Minneapolis, MN) 4.90%-1989 5.10 -1990 5.25 -1991 5.40 -1992 5.60 -1993 5.80 -1994 6.00 -1995 6.20 -1996 6.40 -1997 6.60 -1998 6.75 -1999 6.90 -2000 7.00 -2001 7.10 -2002 7.20 -2003 $779,730 6.8334% ($479,535.00) Headquarters: Minneapolis, Minnesota Branch Offices: Solana Beach, California · San Francisco, California · St. Paul, Minnesota · Milwaukee, Wisconsin · Columbus, Ohio · Honolulu, Hawaii Member of ~hc Securities Investor Protection Corporation Page 2 BIDDERS MILLER SECURITIES, (Minneapolis, MN) INCORPORATED RATES 5.00%-1989 5.10 -1990 5.30 -1991 5.50 -1992 5.70 -1993 5.90 -1994 6.10 -1995 6.25 -1996 6.40 -1997 6.60 -1998 6.80 -1999 7.00 -2000 7.00 -2001 7.10 -2002 7.10 -2003 PRICE $778,150 N.I.C. 6.8713% {$482, 198.15) DAIN BOSWORTH INCORPORATED (Minneapolis, MN) 4.90%-1989 5.10 -1990 5.30 -1991 5.50 -1992 5.70 -1993 5.90 -1994 6.10 -1995 6.25 -1996 6.40 -1997 6.60 -1998 6.80 -1999 7.00 -2000 7.10 -2001 7.20 -2002 7.20 -2003 $778,150 6.91522% ($485,276.25) PIPER, JAFFRAY & HOPWOOD INC. (Minneapolis, MN) ALLISON-WILLIAMS COMPANY (Minneapolis, MN) 4.90%-1989 5.10 -1990 5.25 -1991 5.50 -1992 5.75 -1993 6.00 -1994 6.20 -1995 6.40 -1996 6.60 -1997 6.80 -1998 6.90 -1999 7.00 -2000 7.10 -2001 7.15 -2002 7.20 -2003 $778,229 6.9618% ($488,545.38) Page 3 BIDDERS CRONIN & COMPANY (Minneapolis, MN) AMERICAN NATIONAL BANK AND TRUST COMPANY (Minneapolis, MN) RATES 5.00~-1989 5.20 -1990 5.40 -1991 5.60 -1992 5.80 -1993 6.00 -1994 6.20 -1995 6.40 -1996 6.60 -1997 6.70 -1998 6.90 -1999 7.00 -2000 7.10 -2001 7.20 -2002 7.20 -2003 PRICE $778,545 N.t.C. 6.964% {$488,706.25} DOUGHERTY, DAWKINS, STRAND & YOST INC. (Minneapolis, MN) 5.00%-1989 5.20 -1990 5.40 -1991 5.60 -1992 5.75 -1993 5.90 -1994 6.10 -1995 6.30 -1996 6.50 -1997 6.70 -1998 6.90 -1999 7.00 -2000 7.10 -2001 7.20 -2002 7.30 -2003 $777,755 6.9704% ($489,150.00) i~T.T. BONDS REOFFERED AT PAR After due consideration of said bids, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $790,000 GENERAL OBLIGATION BUILDING BONDS OF 1988; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION ANDDELIVERY; AND PROVIDING FORT HEIR PAYMENT. BE IT RESOLVED, By the City Council of the City of Mound, Minnesota, as follows: 1. This Council, by resolution adopted March 22, 1988, authorized the issuance of $790,000 General Obligation Building Bonds of 1988 and ordered the advertisement of bids for the purchase of said Bonds on the terms set forth in that resolution and the notice of sale, such bids to ' be received at this meeting. The City has publicly received, opened, and considered all bids presented in conformity with those terms. The proposal of to purchase $790,000 General Obligation Building Bonds of 1988 of the City is hereby found.to be thehighest and best bid received and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $. plus accrued interest to date of delivery, such Bonds to bear interest at the following rates of interest: The sum of $. , being the amount bid in excess of $776,175, shall be credited to the bond sinking fund hereinafter created. The City Clerk is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of the Bonds. The City Clerk is directed to< return the checks of the unsuccessful bidders forthwith. 3. The City of Mound shall forthwith issue and sell its General Obligation Building Bonds of 1988 (the "Bonds") in the principal amount of $790,000, dated May 1, 1988. The printed, fully registered bonds shall be in the denomination of $5,000 each or higher multiples thereof for any single maturity, bearing interest as hereinafter set forth, all interest payable February 1, 1989, and semiannually thereafter on August 1 and February 1 in each year, and which bonds mature serially on February 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1989 $35,000 1996 $50,000 1990 35,000 1997 55,000 1991 40,000 1998 55,000 1992 40,000 1999 60,000 1993 40,000 2000 65,000 1994 45,000 2001 70,000 1995 45,000 2002 75}000 2003 80,000 Ail Bonds maturing after February 1, 1995, are subject to being called for prior redemption on said date and any interest payment date thereafter at par and accrued interest. 4. Both principal of and interest on the Bonds shall be payable at and the City of Mound shall pay the reasonable charges of said bank for its services as paying agent. The Bonds shall be in substantially the following form: (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA ~ENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION BUILDING BOND OF 1988 Rate Maturity Date of Original Issue May 1, 1988 CUSIP KNOW ALL MEN BY THESE PRESENTS that the City of Mound, Hennepin County, Minnesota, a municipal corporation, (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to or registered assigns, the principal sum of THOUSAND DOLLARS, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1989, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and~ upon presentation and surrender hereof at the principal office of the Bond Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft of the as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse' hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the.Bond Registrar by manual signature of one of its authorized representatives. INWITNESSW~EREOF, the City of Mound, Hennepin County, Minnesota, by its City Manager, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager, and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) City Manager (Facsimile Signature) Mayor /PS ? CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar and Paying Agent By Authorized Representative (Reverse of the Bonds) This Bond is one of an issue in the aggregate principal amount of $790,000 (the Bonds), all of like date and tenor except as to serial number, interest rate, redemption privilege, denomination, and maturity d~tej issued pursuant to a resolution adopted by the City Council on April 26, 1988, (the Resolution), to finance the construction and acquisition of a new public works building, pursuant to Minnesota Statutes, Chapter 475, and the approval of the electorate at a special election duly called and held on September.29,.1987, and is issued'pursuant.to and in full conformity wit' the provisions of the Constitution and laws of the State of Minnesot~ thereunto enabling, including Minnesota Statutes, Chapter 475. This Bond is payable primarily from the General Obligation Building Bonds of 1988 Fund (the Bond Fund) of the City, and the City is required by law to pay maturing principal hereof and interest hereon from any available funds of the City if moneys on hand in the Bond Fund are insufficient therefor...The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. All Bonds maturing after February 1, 1995, are subject to being called for prior redemption on said date and any interest payment date thereafter at par and accrued interest. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the pr'incipal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all ! ~VJOu^°ther purposes, and neither the City nor the Bond Registrar shall~ be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it avalid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that the City has levied or will levy ad valorem taxes, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Bond Fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. ~ The following abbreviations, when used in the inscription, on the face of this Bond, shal'l be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UNIF TRANFERS MIN ACT...Custodian .... (Cust) (Minor) TEN ENT - JT TEN - as tenants by the entireties as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a bank or trust company or by abrokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided: Name and Address (Include information for all joint owners if the Bond is held by joint account.) PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ~SSIGNEE 6. The Bonds shall be issuable only in fully registered form. The interest and principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 7. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to February 1, 1989, in which case such Bond shall be dated as of May 1, 1988. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1989, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 8. Registration. The City shall appoint and shall maintain a bond registrar, transfer agent, and paying agent (the Registrar). Thc effect of registration and the rights and duties of the City and th~ Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by awritten instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon. any transfer Or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar. may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which bond the City and the Registrar shall be named as obligees, all pursuant to the provisions of Minnesota Statutes, Sections 475.69 and 475.70. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 9. Appointment Of Initial Registrar. The City hereby appoints as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with said Bank as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company' authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its POSSession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City, the City Treasurer shall transmit to the Registrar, from the General Obligation Building Bonds of 1988 Fund described in paragraph 16 hereof, monies sufficient for the payment of all principal and interest then due. 102 Preparation and Delivery. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the Mayor and City Manager's signatures may be facsimiles thereof. In case an' officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, /oqq such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different bonds need not be signed by the same representative of the Registrar. The executed certificate of authentication on each bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Clerk and the City Treasurer to the Purchaser upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. 11. The City Manager shall cause the proceeds of the Bonds to be applied for the costs of construction and acquisition of a new public works building. 12. The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies'of. such audit reports to any interested person upon request. 13. When all of the Bonds have been discharged as provided in this resolution, all pledges, covenants and other rights granted by this resolutionko the holders of the Bonds shall cease. The City may discharge its obligations, with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time. discharge its obligations with respect to any Bonds, subject to the' provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by l~w as an escrow agent for this purpose, cash or securities which are general'. obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due hereon to maturity. 14. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Reglations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under the Code and the Regulations. The Bonds will be designated by the City as "qualified tax-exempt obligations" for purposes of the Tax Reform Act of 1986. It is also determined that the Bonds are not arbitrage bonds and are not private activity bonds. The City does not anticipate issuing tax-exempt obligations in 1988 which will exceed $]0,000~000. 15. The City has agreed to furnish to the purchaser the approving legal opinion of Messrs. Wurst, Pearson, Larson, Underwood and Mertz, of Minneapolis, Minnesota, and such opinion is hereby requested. The City Clerk shall obtain a copy of said approving legal opinion, which shall be complete except as to dating thereof, and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. City Clerk City of Mound ? At the time of delivery, the City Clerk shall prepare a similar separate' certificate, and the City Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. The BOnds shall be payable from the General Obligation Building Bonds of 1988 Fund hereby created, and the proceeds of ad valorem taxes hereafter levied for the building financed by the Bonds are hereby pledged to said fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in said fund to pay the same, the City shall pay such principal or interest from the general fund of the City. 17. To pay the'cost of the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax levy against all taxable properties in said City, which tax levies shall be in the years and amounts as follows: (year stated being year of levy for collection the following year). YEAR LEVY YEAR LEVY 1988 $ 1996 1989 1997 1990 1998 1991 1999 1992 2000 1993 2001 1994 2002 1995 It is hereby determined that the estimated collection of the foregoing ad valorem tax levies, will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds. The City Clerk is directed to file a certified copy of this resolution with the County Auditor of Hennepin County, and obtain the certificate required by Minnesota Statutes, Section 475.63. 18. The tax levy herein provided shall be irrepealable until all of the Bonds are paid, provided that the City Clerk and City Treasurer may annually, prior to October 10th, certify to the County Auditor the amount available in the sinking fund to pay principal and interest due during the ensuing year, and the County Auditor shall thereupon reduc~ the levy collectible during such year by the amount so certified. 19. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to .the - validity and marketability of the Bonds and such instruments, including~any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. The motion for the adoption of the foregoing resolution was dUly seconded by Member , and upon vote being taken. thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted'. Approved this 26th day of April, 1988. Mayor Attest: City Clerk /o 7 STATE OF MINNESOTA COUNTY OF HENNEPIN CIT~ OF MOUND I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of said City held on April 26, 1988, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $790,000 General Obligation Building Bonds of 1988 of the City. ~ WITNESS My hand as such 'City Clerk and the corporate seal of the Cit. y this day of , 1988. (SEAL) City Clerk City of Mound STATE OF MINNESOTA COUNTY OF HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted b~ the governing body of the City of Mound, Minnesota, on April 26, 1988, levying taxes for the payment ~f $790,000 General Obligation Building Bonds of 1988 of said municipality dated May 1, 1988, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 1988. County Auditor Hennepin County, Minnesota {SEAL) By_ Deputy EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF T~E CITY OF MOUND HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, ~ennepin County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 26th day of April, 1988, at 7:30 p.m. The following members were present: and the following were absent: The Mayor announced that the next order of business would be the consideration of bids' for the purchase of $310,000 General Obligation Improvement Bonds of 1988 as advertised for sale. The City Clerk then presented the bids which had been delivered to her prior to the time specified in the notice of sale and said bids had ~een" opened, examined'and found to be as follows: Miller & Schroeder Financial, Inc. Northwestern Financial Center. 7900 Xerxes Avenue South ' ?. ©. Box 789' Minneapolis, Minnesota 55440 (612) 831-1500 Toll Free Minnesota (800) 862-6002 Toll Free Other States (800) 328-6122 RE: RESULTS OF S~F~ - APRIL 26, 1988 BID OPENING 11:00 a.m.C.D.T. AWARD At 7:30 p.m.C.D.T. CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA $310,000 General Obligation Improvement Bonds of 1988 BIDDERS FIRST BANK NATIONAL ASSOCIATION (Minneapolis, MN) Moore Juran & Company, Inc. (Minneapolis, MN) M.H. Novick & Co., Inc. (Minneapolis, MN) RATES 5.15%-1990 5.25 -1991 5.40 -1992 5.60 -1993 5.80 -1994 6.00 -1995 6.20 -1996 6.40 -1997 6.50 -1998 PRICE $306,900 N.I.C. 6.1969% ($111,700.63) NORWEST INVESTMENT SERVICES (Minneapolis, MN) 5.10%-1990 5.25 -1991 5.40 -1992 5.60 -1993 5.80 -1994 6.00 -1995 6.20 -1996 6.40 -1997 6.60 -1998 $307,210 6.1972% ($111,705.63) CRONIN & COMPANY (Minneapolis, MN) AMERICAN NATIONAL BANK AND TRUST COMPANY (Minneapolis, MN) 5.00%-1990 5.20 -1991 5.40 -1992 5.60 -1993 5.80 -1994 6.00 -1995 6.20 -1996 6.40 -1997 6.60 -1998 $306,590 6.2267% ($112,225.00) DAIN BOSWORTH INCORPORATED (Minneapolis, MN) 5.10%-1990 5.30 -1991 5.50 -1992 5.70 -1993 5.90 -1994 6.10 -1995 6.25 -1996 6.40 -1997 6.60 -1998 $307,132.50 6.25253% ($112,701.88) Headquarters: Minneapolis, Minnesota Branch Offices: Solana Beach, California · San Francisco, California · St. Paul, Minnesota · Milwaukee, Wisconsin · Columbus, Ohio · Honolulu, Hawaii Member of the Securities Investor Protection Corporation PAGE 2 BIDDERS MILLER SECURITIES, INCORPORATED (Minneapolis, Minnesota) RATES 5.10%-1990 5.30 -1991 5.50 -1992 5.70 -1993 5.90 -1994 6.10 -1995 6.25 -1996 6.40 -1997 6.60 -1998 PRICE $306,280 N.I.C. 6.2998% ($113,554.37) DOUGHERTY, DAWKINS, STRAND & YOST (Minneapolis, MN) 5.20%-1990 5.40 -1991 5.60 -1992 5.75 -1993 5.90 -1994 6.10 -1995 6.30 -1996 6.50 -1997 6.70 -1998 $305,970 6 3~0 ~ ($115, 0~-0. 6Z) PIPER, JAFFRAY & HOPWOOD INC. (Minneapolis, MN) 5.10%-1990 5.25 -1991 5.50 -1992 5.75 -1993 6.00 -1994 6.20 -1995 6.40 -1996 6.60 -1997 6.80 -1998 $307,579 6.4038% ($115,925.75) ALL BONDS REOFFERED AT PAR After due consideration of said bids, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $310,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988; FIXING THEIR FORM ARD SPECIFICATIONS; DIRECTING THEIR EXECUTION ANDDELIVERY; AlqDPROVIDING FORT HEIR PAYMENT. BE IT RESOLVED, By the City Council of the City of Mound, Minnesota, as follows: 1. The proposal of to purchase $310,000 General Obligation Improvement Bonds of 1988 of the City described in the notice of sale thereof is hereby found and determined . to be the highest and best bid received and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $ plus accrued interest to date of delivery, such bonds to bear interest as follows: The sum of $ , being the amount bid in excess of $304,575, shall be credited to the bond sinking fund hereinafter created. 'The City Clerk is directed to retain the good faith check of the successful bidder pending completion of the sale and delivery of the bonds. The City Clerk is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Mound shall forthwith issue and sell its General Obligation Improvement Bonds of 1988 (the "Bonds") in the principal amount of $310,000, dated May 1, 1988. The printed, fully registered bonds shall be in the denomination of $5,000 each or higher multiples thereof for any single maturity, bearing interest as above set forth, all interest payable February 1, 1989, and semiannually thereafter on August 1 and February 1 in each year, and which bonds mature serially on February 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1990 $30,000 1995 $35,000 1991 35,000 1996 35,000 1992 35,000 1997 35,000 1993 35,000 1998 35,000 1994 35,000 Bonds maturing after February 1, 1995, will be subject to redemption and prepayment at the option of the City and in whole or in part, in inverse order of maturities and by lot assigned in proportion to their principal amount, within any maturity, on February 1, 1995, and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. 3. Both principal of and interest on the Bonds shall be payable at and the City of Mound shall pay the reasonable charges of said bank for its services as paying agent. The Bonds shall be in substantially the following form: (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY, CITY OF MOUND GENERAL OBLIGATION IMPROVEMENT BOND OF 1988 Rate Maturity Date of Original Issue CUSIP May 1, 1988 KNOW ALL MEN BY THESE PRESENTS that the City of Mound, Hennepin County, Minnesota, a municipal corporation, (the City), acknoWledges itself to be indebted and, for value received, hereby promises to pay to or registered assigns, the principal sum of THOUSAND DOLLARS, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1989, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon p.resentation and surrender hereof at the principal office of the Bond Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft of the , in , Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successc designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. INWITNESSWHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager, and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) City Manager (Facsimile Signature) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond RegiStrar and Paying Agent Dated: By. Authorized Representative (Reverse of the Bonds) This Bond is one of an issue in the aggregate principal amount of $310,000 (the Bonds), all of like date and tenor except as to serial number,. denomination, interest rate, redemption privilege, and maturity date, issued pursuant to a resolution adopted by the City Council on April 26, 1988, (the Resolution), to finance public improvements constructed or to be constructed pursuant to Minnesota Statutes, Chapter 429, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. This Bond is payable primarily from the General Obligation Improvement Bonds of 1988 Fund (the Bond Fund) of the City, but the City is required by law to pay maturing principal hereof and interest hereon from.any available funds of the City if moneys on hand in the Bond Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any. multiple thereof, of single maturities. Bonds maturing after February 1, 1995, will be subject to redemption and prepayment at the option of the City and in whole or in part, in inverse order of maturities and by lot assigned in proportion to their principal amount, within any maturity, on February 1, 1995, and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. ~ IT IS ~EREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to~ exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it avalid and binding general obligation of the'City according tO its terms have beer done, do exist, have happened~and have been performed in regular and due form as so required; that the City has levied or will levy special assessment and ad valorem taxes, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Bond Fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UNIF TRANSFERS MiN ACT...Custodian .... (Cust) (Minor) TEN ENT - as tenants by the entireties JT TEN as joint tenants with right of under Uniform Transfers to Minors Act list. survivorship and not as tenants in common (State) Additional abbreviations may also be used though not in the above ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The. assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Regist.rar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided: Name and Address (Include information for all joi~t owners if the Bond is held by joint account.) PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 5. The Bonds shall be issuable only in fully registered form. The interest and principal amount thereof shall be payable by check or draft issued by the Registrar described herein. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication tc which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to February 1, 1989, in which case such Bond shall be dated as of May 1, 1988. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1989, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 7. Registration. The City shall appoint and shall maintain a bond registrar, transfer agent, and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of' Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereOf or acc0mpaniedby awritten instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date ann until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. Ail Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is -legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation 'of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it~ in which bond the City and the Registrar shall be named as obligees, all pursuant to the provisions of Minnesota Statutes, Sections 475.69 and 475.70. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 8. Appointment of Initial Registrar. The City hereby appoints as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City, the City Treasurer shall transmit to the Registrar, from the General Obligation Improvement Bonds of 1988 Fund described in paragraph 15 hereof, monies sufficient for the payment of all principal and interest then due. 9. Preparation and Delivery. The Bonds shall be prepared unde~ the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the Mayor and Manager's signatures may be facsimiles thereof. In case any officer whose signature, ~or a facsimile of whose signature, shall appear on Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the' Registrar. Certificates of authentication on different bonds need not be signed by the same representative of the Registrar. The ~xecuted certificate of authentication on each bond shall be conclusive evidence. that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Treasurer of the City to the Purchaser upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. 10. The City Manager shall cause the proceeds of the Bonds to be applied for the costs of construction of public improvements authorized and approved pursuant to Minnesota Statutes, Chapter 429. 11.~ It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds, as follows: (a) .The City will cause the assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1989 if necessary and will take all steps necessary to assure prompt collection. The City Council shall cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of special assessments and the appropriation of any other funds needed to pay the obligations and interest thereon when due. (b) In the event of any current or anticipated deficiency in said special assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the taxes lev~ed and the assessments levied therefor and other funds appropriated for their payment, and all collections thereof and disbursements therefrom, moneys on hand and the balance of unpaid assessments. (d) The City will cause its books and records to be' audited .at least annually 'by' qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 12. When all of the Bonds have been discharged as provided in this resolution, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that da~e a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without rei'nvestment, to pay all principal and interest to become due hereon to maturity. 13. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Reglations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under the Code and the Regulations. The Bonds will be designated by the City as "qualified tax-exempt obligations" for purposes of the Tax Reform Act of 1986. It is also determined that the Bonds are not arbitrage bonds and are not private activity bonds. The City does not anticipate issuing tax-exempt obligations in 1988 which will exceed $10,000,000. 14. The City has agreed to furnish to the purchaser the approving legal opinion of Messrs. Wurst, Pearson, Larson, Underwood and Mertz, of Minneapolis, Minnesota, and such opinion is hereby requested. The'City Clerk shall obtain a copy of said approving legal opinion, which shall be complete except as to dating thereof, and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. City Clerk City of Mound At the time of delivery, the City Clerk shall prepare a similar separate certificate, and the City Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. ~ 15. The Bonds shall be payable from the General Obligation Improvement Bonds of 1988 Fund hereby created, and the proceeds 6f any ad valorem taxes hereafter levied and special assessments to be levied for the. improvements (the Improvements) financed by the Bonds are hereby pledged to said fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money insaid fund to pay the same, the City shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of assessments for the Improvements when collected. 16. It is hereby determined that the estimated collection of special assessments and ad valorem taxes levied for the payment of the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds. The City Clerk is directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. The full faith and credit of the City is irrevocably pledged for the prompt and full payment of the principal ant interest on the Bonds. 17. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 18. The Mayor and City Manager and City Clerk are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of said official statement or prospectus as it relates to the City. The motion for the adoption of the foregoing resolution was duly . seconded by Member , and upon vote being take~ thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. Approved this 26th day of April, 1988. Mayor Attest: City Clerk 104 1 STATE OF MINNESOTA COUNTY OF ~ENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on April 26, 1988, with the original thereof on file in my office and the .same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $310,000 General Obligation Improvement Bonds of 1988 of the City. WITNESS My hand as such City Clerk and the corporate seal of ~the City this day of , 1988. (SEAL) City Clerk City of Mound STATE OF MINNESOTA COUNTY OF HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned County Auditor of Hennepin County, Einnesota, hereby certify that a certified copy of a resolution adopted by the City Council of the City of Mound, Minnesota, on April 26, 1988, relating to General Obligation Improvement Bonds of 1988 in the amount of $310,000, dated May 1, 1988, has been filed in my office and said obligations have been registered on the register of obligatons in my office. WITNESS My hand and official seal this day of , 1988. County Auditor Hennepin County, Minnesota. (SEAL) By April 26, 1988 RESOLUTION NO. 88- RESOLUTION PROCLAIMING MAY 8-14, 1988 AS MUNICIPAL CLERK'S WEEK WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, by keeping records and maintaining archives for posterity, along with insuring that the decisions of legisla- tive bodies are properly implemented, this public official con~ scientiously represents the affairs of the communities; and WHEREAS, the Municipal Clerk has striven to keep pace with governmental and citizenry needs, learning to perform varied duties by staying abreast of continuing technological advances via classroom seminars and other professional teaching; and WHEREAS, just as local government has grown in keeping with the need to be responsive to all its citizens, the Municipal Clark, who is often the first member of local government with whom citizens interact, insures that the individual's rights and privileges are preserved; and. WHEREAS, it is appropriate that we recognize the ac- complishments o.f our Municipal Clerk, Francene C~ Clark/Leisinger, who preserves the past with an eye always on the future of our democratic process. NOW, THEREFORE, I, Steve Smith, Mayor of the City of bund, Minnesota, do hereby proclaim the week of May 8-14, 1988, to be MUNICIPAL CLERK'S WEEK in full recognition of the Municipal. Clerk's outstanding contribution and dedication to public service for the community. CITY OF t.~ND MOU ~..rD ~ MLNN F. SOTA MAINTENANCE PERMIT For '-' Continuin§ the Present Use of a Structure . or Improvement on Public Lands or Commons . - ~ . ' .... :-.l Do you h~ve ~n improvement or structure on Public L~nds or Corn=mona? If l,'¢s, ' list them: l'[~s a permit issued %o authorize the construction of this itaprov~ent or s~uc- thra? If yes~ month end year: AP~!C~i~T t~JST FURNISH THE FOLLO~ INo: Copy of permit issued to authorize construction. One plot plan drawn to scale' sho:dn2 dimensions of the structure/ improvement .and location of same. One set of plans and specifications of sufficient clarity and detail to indicate the nature end extent of the structure or improvement. Sho~.; foundation' p!@n: floor pt~n~ front and sid~ elevstion~ wall ~nd roof section detail. Photographs of existing structure/ improvement. P:?.K CO>D~ISSIO]~ RFCO~,E-~NOATION: DATE. 4- 14-88 Granting app'-oval of the stairway as requested (5' year renewable) RESOi.UTIO,N NO. DATE 4-26-88 FSLLO'.'!-UP March 23, 1988 Ue request permission to have stairs built by a profess- ional carpenter who we will employ. The steps, as described in the attached drawing, will allow us to go back and forth from our dock, boat and waters edge safely. The stairs will also protect against erosion. \ · . i 4~ C~T¥ O? i.K)JND NOUUD~ M~IN 'ESOTA E AIt~ T~[,,AI~J,..~, PERMIT For Continuing the PresenL Use of m Structure or Improvement on Public L~nds or Commons ~/~. $~"~,~ · DATE 'I /~1/~/ :" ~.- "ou h?ve mn improvement or structure on Public L~nds or Commons? Do ~' . -- ~!~"~ OF CO~-~,~ONS/FJBLIC LAED list them: p~rmlt issu-o to ~uthorize th~ construction of %his it~r~v~n~ or stru~- ~ ~ yes: month ~nd ye~,: //t,~Y ~/c. C~Y~c~S· Copy of p~i% issued to ~u~hozize construction. On~ p!ot plan drawn to sc~!e' showin~ dimensions of the structure/ improvement .and location of samz. One set of plans ~nd soeclfic~t}ons of sufficient clarity ~nd d~eil 'to indicate the n~Sure and extent of the structure or improve~znt. Sho~-~ foundation'plan~ floor pt~n~ front and s~d~ e!~vation~ %-;a!l and'roof. section d~t~il. . Photographs of existing structure/ improvement. P/~.K CO::9!iSSION i~u~ ~r~..:u~ ~ ~.: '-. 'Grantin9 a'maintenance Pe~mtt for.this request under Item ]6A (3 year 'renewab'i~). R~SO_lITION I~0. DATE 4-26-88 FCLLU.'." -U P ACT ION: J~? 'f APRIL 8, 1988 C[TX/of ,IOUND TO: FROM: RE: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER CRITERIA FOR SELECTING A CITIZENS TASK FORCE ON THE FUTURE EXPANSION OF PUBLIC FACILITIES At the March 26, 1988 Goal Setting Session, you indicated that you would like to establish a Citizen's Task Force on the future expansion of public facilities; specifically, City Hall, Police and Fire facilities. The Council indicated that they would begin thinking about the criteria they would use in selecting members to the task force. This cr-iteria would then be a guide- line in approaching prospective members to serve on the task force. It would also include goals which you would like ~he task force to achieve. We discussed a six month time period for assessing the need for expansion of these facilities. We then discussed a six month time period to develop strategies to resolve the need. Suggested staff involved in the work of the. Committee would be the City Manager, Police Chief, Fire Chief and Parks Director (Jim Fackler has the maintenance responsibilities for City Hall). I believe we discussed a maximum number of seven to serve on the task force, not including staff persons. This type of arrangement is similar to a committee formed in the City of New Hope, where Barbara Arney was working with the task force on the expansion of fire facilities. Therefore, I hope that the Council has some ideas on this topic and will be able to develop a specific list of criteria. ES:!s Ar, equal oppcrtdnity Employer that does ¢0', d~scr;minate on the bases of race color, in the adm;sscs or access ~o or'~¢ ~ment or err.~iO:,,ment m, ~ts prc~sra"cs McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave N. Plymouth, MN 55447 Telephone 612,'476-6010 Engineers Planners Surveyors April 21, 1988 Honorable Mayor and Members of the City Council City of Hound 5341 Maywood Road Mound, MN 55364 SUBOECT: County Road No. 15 Street Lights MFRA #8259 Dear Honorable Mayor and Council Members: Enclosed is an updated cost estimate for the additional street lights on County Road 15 from Fairview Lane to the Seton Bridge. This amount of $69,460.00, when added to the estimated cost of the lights already in the project, results in a total estimated cost of $179,600.00 for lighting the entire length of. County Road 15 in Mound. By using the assessment procedure previously approved,' 1/2 the cost or $89,800.00 would be assessed, with commercial property paying l-l/2 times the residential rate. This figures out to be approximately $9.00 per front foot for residential property and $1~.50 per front for commercial property. The front foot charges used to calculate the proposed assessment in the original report for the approved project were $9.72 and $14.50 respectively. These new rates have been used to calculate the proposed assessment for each of the mailed notices for the public hearing on May 10th. We have' discussed with Curt Pearson how to handle the previously approved pending assessment amounts and he suggested the Council pass a separate resolution reducing them to the new figures. Of course, this would only be done if the additional lighting is approved. If you have any questions, please do not hesitate to contact me. Very truly yours, McCOHBS FRANK ROOS ASSOCIATES, INC. John Cameron 3C:jmj Enclosure HENNEPIN COUNTY STATE AID HIGHWAY 15 PROJECTS STREET STREET WATERMAIN TOTAL IMPROVEMENTS LIGHTS REPLACEMENT PROJECTS Total Est. Proj. Cost Incl. Engr/ Legal/Fiscal/Admin. $ 331,518.00 $ 179,600.00 $ 80,000.00 $ 591,118.00 LESS State Aid Reimbursement - 189,600.00 - 89,800.00 -0- - 279,400.00 Water Fund -0- -0- - 55~000.00 - 55~000.00 Amount of Bonding $ 141,918.00 $ 89,800.00 $ 25,000.00 $ 256,718.00' LESS Assessments - 169~794.00 - 89~800.00 -0- - 259~594.00 Projected Fund Balance +$ 27,876.00 -0- (-$25,000.00) +$ 2,876.00 Amount to be bonded providing Hennepin County will wait for payment until City receives reimbursement from State Aid. Revised 4/25/88 CITY OF MOUND, MINNESOTA COST ESTIMATE ADDITIONAL STREET LIGHTS FAIRVIEW LANE TO SETON BRIDG£ ITEM QUANITITY UNIT PRICE Lighting Unit (Pole $ !,207.00/EA and Fixture) 16 EACH 360.O0/EA 16 EACH Light Base 4.40/LF 250 L.F. 1-1/2" RSC 5.40/LF 2" RSC 140 L.F. 3.20/LF 1-1/2" Non-Metallic 660 L.F. 0.77/LF U.G Wire No. 23000 L.F. . 0.25/LF Wire No. 12 2100 L.F. !620.O0/EA 2 EACH Service Panel Contingenc±es Estimated Construction Cost Hennepin County Construction Engineering (10%) City Cost - Engineering, Legal, Fiscal, & Admin. (15%) TOTAL .ESTIMATED COST TOTA~ $ 19,312.00 5,760.00 1,100.00 756.00 2,112.00 17,710.00 525.00 3,240.00 5,050.00 $ 55,565.00 5,560.00 8,335.0__0 $ 69,460.00 IO73 DO~CKf/ NAME 00235 ('87) WAYNE CARLSEN 20730 DOUG COLEMAN 41690 JOHN PAYNE NEW JAMES MC CREHIN 31480 DAVID CARLSON 31480 TERRY MONSRUD 00820 ROBERT KILBY 40945 ROD PLAZA 20980 JERRY LAURIE 20980 TIM WHITE ~ 40585 IRVA GALLAGHER 20610 JORDAN WALDROFF 20610 GREG SMITH 55040 BRYANT BELGRADE 55040 ROBERT VEILLEUX 10220 DALE TORDSEN 40610 STEPHEN KOKULES 40610 CLIFFORD SCHMIDT 32220 GARY COGSWELL 32220 DAVID BOYD NEW RONALD CICCHESE 02635 WILLIAM CARROW 02635 CRAIG KASPRZAK 22030 LARRY REINKE DOCK REFUNDS FOR 1988 ADDRESS 9101 PORTLAND AVE SO BLOOMINGTON, MN 55420 2100 NOBLE LANE 1 900 UPSON LANE RENO, NV 89509 3137 DONALD DRIVE 4722 GORDON LANE 3127 DRURY LANE 1587 BLUEBIRD LANE 4539 ISLANDVIEW DR. AMOUNT $85 3000 DEVON LANE 1677 EAGLE LANE 5054 BARTLETT BLVD 2453 LOST LAKE RD 2441 LOST LAKE RD 1754 WILDHURST 3121 DONALD DR IVE 4855 WILSHIRE BLVD 4650 SUFFOLK 5936 GUMWOOD RD 3111 HIGHLAND BLVD 4929 GLEN ELYN 493 9 GLEN ELYN 8931 62ND AVE NO NEW HOPE, MN 55428 REASON REC. 1987 REFUND OK'D 267 87 PER JOHN NORMAN $75 (SR. RATE) CANCEL 28345 $135 NO SITE AVAILABLE 28779 $120 $50 $25 $25 $20 $5O $25 $25 $35 $25 $5O $25 $9O $5O $25 $5O $25 $110 $50 $25 $140 CANCEL SHARE SHARE OVERPAID OVERPAID SHARE SHARE SENIOR SHARE SHARE SHARE SHARE SHARE SHARE SHARE SHARE SHARE SHARE N/A SHARE SHARE MOVED 28258 28682 28254 28672 ~ 28942 288O6 28270 282 28511 28248 28251 28637 28267 28856 28239 28243 28262 28323 28736 286~ 288~0 DOCK REFUNDS FOR 1988 DOCK# NAME ADDRESS AMOUNT 00235 ('87) WAYNE CARLSEN 9101 PORTLAND AVE SO $85 BLOOMINGTON, MN 55420 20730 DOUG COLEMAN ;41690 JOHN PAYNE NEW JAMES MC CR~IN 31480 ·'DAVID CARLSON 31480 TERRY MONSRUD 00820 ROBERT KILBY 40945 ROD PLAZA 20980 JERRY LAURIE 20980 TIM WHITE 40'585 IRVA GALLAGHER 20610 ~~ wALDRoFF 20610 GREG SMITH 55040 BRYANT BELGRADE 55040 ROBERT VEILLEUX 10220 DALE TORDSEN 40610 STEPHEN KOK~LES 40610 . CLIFFORD SCHMIDT 32220 GARY COGSWELL 32220 DAVID BOYD NEW RONALD CICCHESE 02635 WILLIAM CARROW 02635 CRAIG KASPRZAK 22030 LARRY REINKE 2100 NOBLE LANE 1900 UPSON LANE RENO, NV 89509 3137 DONALD DRIVE 4722 GORDON LANE 3127 DRURY LANE 1587 BLUEBIRD LANE 4539 ISLANDVIEW DR. 3000 DEVON LANE 1677 EAGLE LANE 5054 BARTLETT BLVD 2453 LOST LAKE RD 2441 LOST LAKE RD 1754 WILDHURST 3121 DONALD DRIVE 4855 WILSHIRE BLVD 4650 SUFFOLK 5936 GUMWOOD RD 3111 HIGHLAND BLVD 4929 GLEN ELYN 4939 GLEN 'ELYN 8931 62ND AVE NO NEW HOPE, MN 55428 REASON 1987 REFUND OK'D PER JUHN NORMAN $75 (SR. RATE) ~ 28345 $135 NO SITE AVAILABLE 28779 REC, #, $120 CANCEL 28258 $50 · SHARE 28682 $25 SHARE 28254 $25 OVERPAID 28672 ; $20 OVERPAID ? 28942 $50 SHARE 28806 $25 SHARE 28270 $25 SENIOR SHARE 28397 $ 35 SHARE 28511 $25 SHARE 28248 $50 SHARE '-282.51 $25 SHARE 28637 $ 90 SHARE 28267 $50 SHARE 28856 $25 SHARE 282~w $ 50 SHARE 282 43 $25 SHARE 28262 $110 N/A 28323 $50 SHARE 28'/36 $25 SHARE 28663 $140 MOVED 28856 31570 PAT BUFFINGTON 4456 RADNOR RD $50 SHARE 31 70 JI~ FERDINANDT 3145 DONALD DR $25 SHARE ~3305 SCOT MC KENZIE 4861 HANOVER RD $50 SHARE ~330§ BRIAN JOHNSON ~8~4 ISLANDVIEW DR $25 SHARE 20520 ROBERT DOPPELHAMMER 6001 LYNWOOD BLVD $50 SHARE 20520 CHRISTINE EiCKE 5506 TONKAWOOD $25 SHARE NE~ DAVID OSDORA JR. 2600 WILSHIRE BLVD $200 CANCEL' NEW NORM~DOMHOLT PO BOX 4~, MOUND $110 CANCEL 287 0 282~9 28500 28247 28750 28604 28458 & 28587 31570 31570 43305 43305 20520 20520 NEW NEW PAT BUFFINGTON JIM FERDINANDT SCOT MC KENZIE BRIAN JOHNSON ROBERT DOPPELHAMMER CHRISTINE EICKE DAVID OSDOBA JR. NOR¥~ DOMHOLT 4456 RADNOR RD 3145 DONALD DR 4861 HANOVER RD 4844 ISLANDVIEW DR 6001 LYNWOOD BLVD 5506 TONKAWOOD 2600 WILSHIRE BLVD PO BOX 44, $5O $25 $5O $25 $5O $25 $200 $110 SH~RE SHARE SHARE SHARE SHARE SHARE CANCEL CANCEL 2874.0 28259 28'773 28500 28247 28750 28604 28458 & 28587 For April 26, 1988 Council Meeting April 21, 1988 NEW LICENSE APPLICATION Cigarette - License Period 3-1-88 to 2-28-89. Dean-Superior Vending Co. At: Minnetonka Boat Rentals 4850 Edgewater Dr. Mound, Minn. LICENSE RENEWALS - Expiring 4-30-88. New License Period 5-1-88 to 4-30-89 Bowlin~ 8 Lanes--Mound Lanes Games of Skill 1--Al & Alma's 5--The Jock Club Juke Box 1--American Legion 1--VFW #5113 Pool Table 4--The Jock Club 2--VFW #5113 Restaurant A1 & Alma's American Legion #398 Domino's Pizza D'Vinci's Mound Happy Garden -- Hardee's House of Moy The Jock Club Mound Lanes ,,~,, Taco Deli vFw 5113 - BILLS---, --APRIL 26, 1988 Batch 8041 Batch 8042 Dock Refunds 259,923.99 77,882.22 1,870.00 Total Bills 339,676.21 4,'25,":q;3 4?25/;-::::,' C3M~--';:CiAL LiFE P-6 CC V=_,Z;SR TOTAL C1001 F'RE-PAZ:: 4/15/::..'S 4/':' 5/::-~ 4i25/8;-:: 4i25/$:?, F'RE-FA:D 4/25/:::: 4/-'"5/:?,5 C~'~TEXT SY'STE~S A~DC:ATES ,,'~&O~: TOTAL 01!05 PRE-PAiD 50,=`= 3,60 AF'S:iL LiFE iNS !,:~) ¢G'RiL LiFE PiS 3.60 AF'F; :L .~,. APRIL ' ~r,,~u L:FE ,;,n 47.70 47,70 .... ~'" SA~S 4, ,' ~,.,.,,~ ?~,RCH TAX 4,734.~0 .j¢:NL-CD ?:,2, .:5 :.':' 1-: :r':::- : 0: .:. :.~ 1::. 75 2 .... "" 2257. O0 01-4:)40-4:,20 10:0 ' iO.C;O 7:q-~%0-; 73-7L:-00- '.:.520 71-710(:- !.'.320 · " -4; "-' ':,- :52'3 ::,'. i - ~2'70- i.:-.20 O1-48'.:.'0- !.--..20 01- z040- !520 01-4340- 2520 :010 50.55 47.70 2 2234. O0 2i] 1116,00 iO!C ic:ic: Oi-20iO-OO00 71-7i00-i510 0!-4!40<5i0 01-42:,0-1510 7!-7i00-9510 71-7100-1520 IOlO i010 71-7!00-7510 7!-7100-':560 22°41 2-',3,63 F::.:::5.3'? 2%1S,07 250,00 liMC CONF 35. O0 FRT 71 - 7100-76(:0 % ,.../0C, -t,/~:,,' 00 2:.'-:0, O0 5~J. 00 '-*" '"' BAGS 7!-7;00-220'.3 · '" ...... ' '" ...... 206.34 JPJ'&-C~-, loin M' / ~. ~; !' ¢,,: "r ,,' .,2 ..: / ,-', ~, - 397.02 APR HCa.? PREM 198,51 AFR,,o~r~'~c~' PREM /,:,.~0 AF~ H~,.'-~ P~, ;~-~-,,.;-:.5i0 673.93 dr, N_-u~ 1010 573. ?:3 PRE-RAID 4/25/$8 4/25/88 M~i CE~,,~R HEALEd PLAN YE)COR TOTAL PRE-PAID ~' ...... E'' 4125iES h~;O ~TE CON~:OL CO~i~ VE~.Z~C~: TO%L 4/25/88 52.56 725.4? CT&?.00 ~ARD~ 88 SAC C,2'~, 00 2S8.00 JRIqL-CD 01-20'z.,.'::-OO':Xl 10i0 0 ! - 2 ':.'; 40-00C~) 1010 9,..:,5 r:.-'~ ~,~ STA~ ~ ...... - vu~,.,O,R TOTAL . . O0 ;'I.,N 'f~a,~T?,S LOC~ 320 Y~'E~3R TOTAL ~49.,':,5 01-2040-0006 ,:~pp ........... ,. ............ c ...... "' ' 95-'7500° 1400 4,":'-31;:',',~ ~ ;'-'= ":': ........ "~ .... 25.55 42.$5 21.75 1.54 4.69 01-4040-3210 0!-z060-32!0 ~-4:79-3210 72-71C~:~-32!0 -4345-$210 7:3-72:00-::.:2: C. ! - a. 2r::O -32i O 01-41;0-321C: 01 ,%-,~.000-S2.' ."..'* Oi- ! ~.'~0-0000 1OlO i25 68.44 F'OSTG-;~ATE.:i BILLS 136.89 ~DO~D POSTMAST~ VE,"COR TO7~,L 736,89 ~':~,..,5 AP~'~L LT~ 85.61 ,'4~J,L LT~ 40,27 AF'~:iL L~ $4,04 ~!. LTD fi27,62 ......... 0!-4!40-'1520 ..... ~"" ', 01-4040-1520 01-470-~52xj 01-409O- 1520 01-42~0-1520 71-7!00-152~ 73-7300-1520 75-7800- !520 1010 527.62 PFJE-PAiD · "*I 4 J/ ~'" ..... "" ?EEA 4/2 PR · J ~ ,d~u~, -5-" ., OI-2040-O(xYJ 5059.32 4/25 · .,~o.~APR 37,6.76 ~'R H~ ..-.~=. ~., ~,r,~; HOSF' 2'9.'2,9:3 ~'R '' "" APR .:..,o, ~;, HOSP 3?% 76 CR~L-C~ F'REM F'RSM P~M PF, LM 73-7300-15i0 73-7,:';00-i5!0 71-7100-1510 .; ~ - -~.,.",V '; .i ,I, LJ oi-4r.;'o- isio Oi-~2',:'O- i~!O (: i -4O'..:O- ! 51 ,ii lOlO 535,0. 77, :h:: :::,03, :::2 :.::52,54 71-7i00-?~20 7i-7!00-~%0 7i-7i00-~i0 71-7!00-9~10 !0:0 71-7100-9510 71-7100%~20 71-7!00-9580 !010 !010 Oi-l:JiO 1010 STATE BANK ,OF ,%UND Dc% 4/2 F'F: ~J-L-CD 01-2340-0,)00 22 - 4 :. 7':.'i - ~O::'O 4 / 25/;:'::.:: .... = ,oc. 67i),68 F'L~,ST l C urJ~L'L~.i 740. $174,77 1 :_::, O0 2'¢¥/ ~3550 AN~O.,I¥S VENDS: TOTAL · .;2 Y.V l ,,..~ OA~ REGISTER :_-?'LES '-.:EhEiOF: -CTAL 8200,00 4.53 OFFICE ''~ ...... 44.2,4'.' OFFICE 2.27 '~F]CE :-:'UPPL:ES %,0.=, urFIu? 2~.05 55 OFFICE ~""" .... '.46,33 ,o 29, C,O CON,].RATS-FF2,f i ,~., LEASE 371.5;J 99.60 F£PA.rR REGIS;~ '79,60 JF~L-CD ' :'-00l',' ?, !'3;~, 8'0 5.34 ,.~R SE?PLiES 4.19 ,IAR ~ ...... ~'"' 01-4040-2i00 01-4140-2io0 ©1-4170-2100 >!-4340-2100 01-4280-210~ 7i-~I00-2100 73-73(~J-2100 78-7SC~-2i00 S1-4350-2200 10!0 01-470-~50 73-7300-23;)0- iOiC 27-5;3(i0-35:3 659,74 ©l i0!:? 207! ,74 4/26iS:: 47,70 CI077 204.87 APT--; T~_£- 147.,.73 g:F: TEL,-' ~,2.'iS ~F'R TILE. .f:l,'.;'8 AF:F; TEL£ 30,F'? AFR T-T_L.'E :'£1,5L AF.q: 57,77 APR TiLE --' :": ....TiLE ~,' ~pc,: 7-q.~ 2,6C AF'R CALLS-~CFJA 01-4'.. ~)-3~0 71-7100-3220 ~-4170-3220 73-7300-3220 / ~;' i ;:;L;V' 01-4320-3220 ~j. - ~., .? ~i - ,D .~'ti ~.'. 1 - ! 190 - L;.; ~ 7tj ~2! 34,25 75-7;.:CK~-2200 134.63 4/26188 VE,~'~D~ TOTAL SHOP h;B-:,*i S8 CHi~ ¢3: F%LiCE-PT ',:?'Z:3F: TOTAL H~N C3 S~T OF F'R~:ERT~ T VENd. OR 73T~L H2240 4/26/88 4/%/88 4/26/~3 d24:O 3:%$;.:: MAR ~IATER COOLS=; 0!-4!40-419::: 32.62 FAR WAT~=: CSC~R 01-40~0-~00 i'?.SS XAR NATER ~O~'. ,-, , o MAR ......' 7S-TSO0-%00 102.85JRr~.-C[; 1010 02, :-;:5 30.10 · -,v. i0 dc2~-C[~ luiv ..... ':-fl I ~0.00 c,.=" ....... ~'.., BOOKDiG FEE ~.,,-4; 10-4250 88" , V. cr~4~-bLi 50.¢:0 ~ '"~ '"" ~'"'" 50.00 .... r~, lC!(; 50.00 4/2L-, i:.",S 4 / 2,:,/3:.:: YD'..:~.:r, TOTAL ,:12Si?:8 4i28/88 ~UE OF ?~I CITIES ~,.e T* '~ ............ L2730 M27% ' ......... .-¢J .... :,,, iNC M£080 TOTAL ,!zc./v,:. 4/26/:::8 VU',;~OR TOTAL 23,20 23.2c~ ...... r-~ 2-3.20 143,37 FiLTBB C~*SS 143,37 jRRL-CD 143.39 70. I0 2 -Q~-~ORKF;;S CO~(F' 74,55 2 ..= =,-.~ ,-::-.. .-: t-,-~_~,,n,..~k.,.~-[,~-. ~37.60 2 QTR-WORK~S z,ou,' .¢~2 · :~ ...... 2 8TR-WO~:ERS ~MP 2,:B47,50 2 QTR-WORK~'.S CC~P 523.57 2 1,6~.53 2 QTR-~;:KERS COMP i3,800.00 JRJiL-CD. 13.50 ...... v EXP 13.50 JRNL-CD :S,50 i~247,27 '~-'~'" ~,~,~.~, JR~-CD !2a7.27 89,93 MAR SUPPLIES 304.$I MAR ~'PLiES :.,4.¢4 374.54 135,00 MAY¢~,c~iD°n'*Y. ~,,, !35.00 ~,5.00 ~K D~GR SERV 78-7800-230(.', 1010 01-4020-3600 O! 01-4140-3g% 01-4190-36% ~'~!-4290-3600 01-4340-3600 22-4170-36C~9 7 !-71C~J-3b(,~3 73- 73C~-36(>0, 7E:-75,')0-:3600 1OlO 10!0 0!-470-2%10 !0!0 0i-42:%-3810 1010 01425%2310 I 0 10!0 PAGE 5 ¢4'-C02-01 ?URC HAS E JSU Fi.'1 AL CiTY OF '"-' Oi Ji-42E;O-3100 86-E.000-3 i .2.' / ..%Jt:'.:,i 81-4350-:::~00 01-2300-0?65 27-5~}4D-310,3 £6-,~/'¢.!-.5; '..b i01.0 ,..,, i. O0 200. (~ 200.00 iNSF'ECTi~N2 jRFL-CD 1010 23.00 R-ri'AiR SAW 23.00 ...... O1-425'0- 4200 I010 ,~:,~x o MOU,,_,, S~:VICE VSN~ TOTAl 23.00 ~250 .4o.3v . ,~ GAS ~",~ .S' MAR .... · ~.,.,, .. 1 OM:=. !29.96' ~R GAS . :~q: ;'=' ~,ARG-o:'~ ~,-': .*'~,~AR ......... 20.66 MAR 8AS-F'~ BLI~G ~-4170-3720 71-7!00-3720 01-4320-3720 28-6000-3720 1010 TOTAL M~4 CO~¢~Y FZRE & SAF~Y V~DC$: TOTAL ~'.20 ~ 1'~ :,©.~ ., ~.-:~ .,.-,,~, ,~. DE?T OF PUBLIC SAlT V~'4DOR TOTAL 206,50 t50.00 90.00 2~3.00 240.00 M~!~;EX STATION CNL-CD 80.00 ~'~ ............ b. rM :-30.00 0!-4090-41~ lOiO ',_;~X TOTAL 80.00 ~70 .../. 4-0 JR;~_-CD VALLEY TESTING *: .... " ........ --' 37.' .... 527.82 Y~Y LTD ::CT, ~,~ ~K~.-CL: ') TOTAL 03870 =,r,-. F.' '~D ....... )30 ?4065 ?OLzCz rF, uuuu, .r.~'~a P4075 ;126188 , z,,.,.~;, TOTAL 4/26/$S '"'" /26/88 ......... "" · . ~ / £¢'I ..'.C, .,:EhT.:6R ..... AF'R r:E~.; ~.: ~4E 01 - 4,::?? -:32£',] 161.2! 3~:,7~ I72.6E: ~A~ E.':CTz:ZCITY ~ o~o .~, MAR B_ECTR]C]TY 2,023.23 ~3~ on 354,00 600.00 PAY E~UiTY - FIN;C_ 600.0.4). 7'.];-7300-'37 ~0' !010 10:0 P,~,~.~ ~,945.~ K,F-?WAF~E 22-4170-.:,V00 .) R4242 4; ~'c,/oo %. VDE~OR -m~ ^: $43?0 gdCS,=l iNE , LA~A S4430 4126/38 41261:33 V~:,ur, ! U ~ ~-,t.. 4/26/85 ../~,/,:,~ VD~30R TOTAL SF'Ri~-LS F'AS~; CAR~.=,":^~, $4580 VDCJO,R TOTAL 4/26/88 ?,4.63O VD~4R T3TN_ ; 545.00 55E:, O0 , .¢ 430 4:.'-:0,00 4:30.00 i "., ." 136.50 · ~4.30 11 ?. 00 306.66 1204,50 '= 08 66,96 ~44.4:) ;Lv?. 05 4!5,86 .,,.'.~i~ L FEES JF~L-CD ~AY RENT '~ER C~DS ROOF TOP UNiT MAR GAS~_iNE MAR 6~S~LiXE ~ G~GL~7~ jRN~-CD 1010 7t-7100-3920 !010 01-414<j-~8i¢ 1010 ~-4i70-5000 .t. vav 01-4i40-50C0 01-40&3-2210 01-4270-2210 Oi-4140-~lO !O:O :':AT-' ::7: · :i.:,,:}:t ,..':{;';L- C:: 4126iS~: 2~,4.00 t~-";C, OR Ti]TAL 4/261-:.:,::': ..... ' ""' '+ / .z c, / ,:,,5 01 - 42 ,.:::.) - 2240 0 i - 42:?0- 224 {: T' ,':-; - 7':'-;i',,:'>- 22 :. :' %-7::.0,'72£ %-4. i ~5430 ;:2,,.:x) :.::2, O0 .J?JL- '.',4, VV 22- i i 7.}- "" !:: ;: i 5,00 *-,/25/:.-'::.:: i. / 26/:.::::: i iNS TOTAL ,~L ,;=,,,',n:~ m,-: ',o SET¢?i PL ESC~:O~' 12,537,20 :2507.20 410.,:.5 410.65 138,20 CHAIN i08,20 JP. NL- [:D d 0 .L, F, "' 2~',- 6O:)O-.'[:l 66 - 60CEi-.".-:i CO 1010 01-4340-2200 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 April 25, 1988 TO: Ed Shukle City Manager FROM: Joyce Nelson Recycling Coordinator SUBJECT: Underground Waste Oil Tank Of the $6,400 for the underground waste oil tank, 60% of this or $3,840 will be reimbursed to us from Hennepin County through The cost to the City wo~ld be $2~560.---~~' Recycling. This waste oil tank will be a great asset to our Recycling program. An equal opporlunit/ Employer lhat does not discriminale on the :,as(s of race, co!or nations or:?n or handlcaF'ped status in tt~6 admission or access to, or trealment or emF. loy n?r-t m. ts programs and act,s'tries. April 22, 1988 Edward Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN. 55364 APR £ 5 Dear Ed, I have presented your offer to Mrs. Corbett and we have discussed it at length. As property owners in Mound we feel obligated to help the city in its construction of the new Public Works building at the corner of Belmont Lane and Lynwood Blvd., by making this land available to the city on a temporary basis. Since we have great concerns for liability due to oil spillage from heavy equipment, run off water, soil erosion etc. We are willing '' to enter into an agreement, with the city of Mound only, for the use of 12,000 square feet of land for the period of April 25, 1988 to and including September 30, 1.988, for compensation of $4000.00. In addition we would require the city of Mound to~ pay for all of o~r legal expenses related to the property rental. If there is additional use of the property the rate per month or fraction there of would be $2500.00, for a period not to exceed July 1, 1989. Please have your proposed lease prepared and delivered to: Jack Strothman Lindquist & Vennum 4200 IDS Center. 80 South 8th Street Minneapolis, MN. 55402 I hope that we may conclude this matter without delay. Sincerely, Ranay ~lcKmann cc: Lor etta Corbett Jack. S trothman RB/bh CITY of MOUND £5ZI MAYWOOD ROAC t,,~OLIND, k:INN=-$OTA 55364 (612~ 472-1;55 Apri] 18, 1988 Mr. Randy Bickman Minnesota Grinding 815 Cedar Avenue South Minneapolis, MN 55404 Dear Randy: Per our telephone conversation today, the purpose of my letter is to request the use of approximately 11,000 to 12,000 square feet of property you presently own on the corner of Lynwood Blvd. and Belmont Lane. The reason for our request is to have a site where the contractor for the construction of the new Public Works facility can locate his field office and equipment during the construction of the new facility. The a:rea on the corner of Lynwood 'a'nd Belmont is fairly level and will require minimal grading. The use of the site would be from approximately April 25, 1988 to September 30, ~988. You had expressed a concern to John Cameron, City Engineer, regarding whether an agreement could be signed between you and the City or between you and the contractor. John told me your preference was to sign an agreement with the City. However, we would prefer that you would sign it with the contractor since the contractor is responsible for his own equipment and any possible damage that would be done to it if vandalized. You would be protected by the bond the contractor is filing with the City through the duration of the project. .. An equal opportunity Employer that does not discriminale 9n the basis of race, color, nationaJ Ongm. in the aclmission or access 1o. or treatment or emp{oyme~,~ in. its l:rograms The City of Mound would appreciate the use of this property et no cost. However, we understand that you may require some amount. I su~ested to you the maximum of $1000 as reasonable compensation for the duration of the project. Therefore, we are requesting the use of the property per the requirements above. We ask that you give this serious consideration and advise me by telephone and in writing by the end of this week as to your decision on this matter. If you h~ve any questions, please contact me. Sincerely, Edward J,. Shukle, Jr. City Manager cc: John Cameron, City Engineer Curt Pearson, City Attorney ES:ls April 26, 1988 RESOLUTION NO. 88- RESOLUTION AUTHORIZING THE KAYOR AND CITY MANAGER TO EXECUTE QUIT CLAIM DEEDS FOR PERMANENT EASEMENTS AND A TEMPORARY CONSTRUCTION PERMIT TO HENNEPIN COUNTY FOR THE COUNTY ROAD 15 PROJECT (98024) WHEREAS, the City of Mound and Hennepin County entered into Agreement No. PW 72-06-87 for County Project %8024 for the improvement of a portion of County State Aid Highway No. 15; and WHEREAS, this Agreement states, "The City agrees to grant highway easements to the County over those lands owned b~ the City that are a part of the required right-of-way for said Project No. 8024. Said easements shall be granted at no cost to the County."; and WHEREAS, now the County has 2 Quit Claim Deeds for per- manent easements for highway purposes and a temporary construc- tion permit, for the City to approved. NOW, THEREFORE, BE IT RESOLVED that the City Council ofi the City of Mound, Minnesota, does hereby authorize .the Mayor and City Manager to execute and deliver to Hennepin County the fol- lowing Quit Claim Deeds and temporary construction permit: 1. A permanent easement for highway purposes over all .that part of the following described tract; That part of Block 5, Shirley Hills, Unit A, lying Easterly of a line drawn parallel with and 250 feet Easterly of the West line of said Block 5 as measured along the Northerly line of said Block 5, Shirley Hills, Unit A, according to the duly recorded plat thereof. which lies southerly of a line drawn parallel with and distant 34.0 feet northerly of the following described line' Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 .seconds for a distance of 411.32 feet to the actual point of beginning of the line being described; .thence deflect right along a tangential curve having a radius of i90.o.86 feet (delta angle 9 degrees 04 minutes 18 seconds) for a distance of 302.39 feet: thence tangent to said curve for a distance of I00 feet and there terminating. Also a permanent easement for drainage purposes over alt that part of the above described tract which lies 12.5 feet on each side of the following described line: Commencing at the Southwest corner of said Block 5; thence run southe'rly along an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of 287.0 feet to the actual point of beginning of the line being described: thence deflect left 64 degrees for a distance of 72.0 feet and there terminating. April 26, 1988 Also a permanent easement for drainage purposes over all that part of-the above ~escribe~ tract which lies 12.5 feet on each side of the following described line: Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof for a distance of 33.35 feetl thence deflect left 98 degrees'16 minutes 3~ seconds a distance of 411.32 feet~ thence deflect right along a tangential curve having a radius of 1909.86 feet for a distance of 64~33 feet to the actual point of beginning of the tine being described~ thence run northerly along a radial of said curve for a distance of 58.0 feet and there terminating. 2. A permanent easement for highway purposes over all that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117, Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the vacated alley dedicated in "McNaught's 2nd Addition to Mound, Lake Minnetonka", all described as follows' Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North'02 degrees 43 minutes 32 seconds East along the West line of said Southwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds East 572.01 feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence South 02 degrees ~3 minutes 32 seconds West !49,71 feet; thence South 89 degrees 38 mtnute~ 28 seconds East 100.00 feet; thence North 02 degrees 43 minutes 32 seconds East 1~.?? feet~ thence South 89 degrees 40 m~nutes 35 seconds East 113.10 feet; thence Southeasterly 4~0.37 feet along a tangential curve, concave to the Southwest, having a radius of 1450.37 feet and a central angle of 19 degrees 22 minutes !8 seconds; thence North 19 degrees ~! minutes 43 seconds East, not tangent to last described curve, 0.60 feetl thence South ?0 degrees ~0 minutes 2~ seconds East 16.10 feet to the intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southerly along said East line 621.57 feet to the Southeast corner of said Southwest Quarter of the Southwest Quarter: thence Westerly 648.8J feet along the South line of said Southwest Quarter of the Southwest Quarter to a point 695.78 feet East of the Southwest corner of said Southwest Quarter of the Southwest quarter: thence Northerly 225.19 feet to a point 501.~1 feet Easterly of the Southwest corner of Lot' 11, Auditor's Subdivision No. 170, as measured along a line drawn from the s~iU SoUthwest corner of Lot ll and parallel with the South line of said Southwest Quarter of the Southwest Quarter: thence continue Northerly along last described course l?O.O0 feetl thence deflect to the left 21 degrees a distance of 169.63 feet to the intersection with the Easterly extension of the centerline of Alley as dedicated in the plat of "Mc~aught's 2nd Addition to Mound, Lake Minnetonka" thence Westerly along said center line to the intersection ~ith the extension South of the East line of Lot 6, Auditor's Subdivision NO. llO~ thence Northerly along said extension to the Southeast corner of said Lot 61 thence Westerly to the Southeast corner of the West 50.00 feet of said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line of the South !0.00 feet of said Lot 61 thence Easterly along said North line to the East line of said Lot 6~ April 26, 1988 thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the intersectlon with.a line bearing South 02 degrees 43 minutes 32 seconds West from the point of beginning; thence North 02 Oegrees 43 minutes 32 seconds East 100.00 feet to the point of beginning, according to the recorded plat thereof, and according to the Government Survey thereof. which lies northerly of the following described line' Commencing at the Northwest corner of Block 4. Shirley Hills. Unit F, according to the duly recorded plat thereof: thence run southerly along the West line thereof for a distance of 13.35 feet (said west line has an assumed bearing of South i degrees 5! minutes 59 seconds West) to the aGtual point of beginning of the line being described: thence North ?0 degrees iB minutes ii seconds West a distance of 59.?2 feetl thence deflect left along a tangential curve having a radius of 139~.39 Feet for a distance of thence run northerly along a radial of said curve a distance of 1.0 foot more or less to the northerly line of the above described tract and there terminating. TEMPORARY CDNSTRUCTION PERMIT Road No. 15 Project No. 8024 OWNER City of Mound : Grantors, of Hennepin County, for and in Parcel No. 13 & 130 consideration of the covenants hereinafter contained and the sum of One and no/lO0 Dollars ($1.00), hereby grants to the County of Hennepin for a period of time terminating 3une ~, 198~, a Temporary Construction Permit, as a part of the general plan of improvement and protection .of County Highway No. 15 on the following described property in the County of Hennepin, in the State of Minnesota. As indicated on attached exhibits A & B. , it is mutually understood and agreed that the aforesaid consideration includes payment of damages for and permits removal or destruction of grass or other herbage and other appurtenances on the above described premises. The County will sod the disturbed area- and otherwise restore it to its present condition. That the Grantor is ~he owner'and in possession o.f the above described premises and has lawful right and authority to convey and grant the permit herein granted. April 26, 1988 The Grantor, its heirs, executors and assigns, hereby releases the County of Hennepin, its officers and agents, from ~ny and all liability and claims therefor concerning said premises and grantor's adjoining premises, that result or may result therefrom by virtue of the construction and all work in connection therewith. The foregoing resolution was moved by Councilmember and seconded by Councilmember : The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Attest: City Clerk Mayor ! I I I TO ¢orporltk:m or pwm~rr, hiD No delinquent taxes and tzanster ente~ecl; .Cerfific~t~ of Re&l Estat~ V~lue ( ) filed ( ) not ;equi~ed Certificate of Re~! gstate Value No. County Auditor by_ Deputy STATE DEED TAX DUE HEREON: $ D a~e: ,19 88 . FOR VALUABLE CONSIDERATION, City of Mound ,a municipal corporation underthelawsol the State of Minnesota Grantoz, hereby convey~ and quitclaims to the County of Hennepin . , , Grantee, ~and coroorate undert~Minnes°ta .... real properW in Hennepi n County, Ivlinneso~a, described as follows: A permanent easement for highway purposes over all that pert of the following described tract; That part of Block 5, Shirley Hills, Unit A, lying Easterly of a line drawn parallel with end 250 feet Easterly of the West line of said Block 5 as measured along the Northerly line of said Block 5, Shirley Hills, Unit A, according to the duly recorded plat thereof. which li~s southerly of e line drawn parallel with and distant 34.0 feet northerly of the following described llne: (If more II)Ici II needed, continue on b~ck) together with all hereditament~ and appurtenances belonging thereto. Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF Henn~pi n The foregoing,was acknowledged before me this by the of under the laws of the State of Mipnesota NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) CHISINSTRUMENT WAS DRAFTED BY (NAME AND ADDRES~q): Hennepi n County-,Dept. 'Of Transportation Right of Way Division 320 Washington Ave. S. * Hopkins, MN 55343 , day of. ,19 88 , and and ,a municipal corooration , on behalf of the corporatign .... SIGNATURE OF PERSON TAKANO ACKNOWLEDGMENT be &eot to (Include no.,ne &~:~ Commencing et the Southwest corner of said Block 5: thence run southerly along an extension oF the West line thereof for. a diatance of 33.35 feet; thence deflect left 95 degrees 16 minutes 34 seconds for e distance 411.32 feet to the actual point of beginning of the line being described; thence deflect right along a tangential curve having a radius of 1909.86 feet (delta angle 9 degrees 04 minutes ZB seconds) for e distance of 302.39 feet~ thence tangent to said curve for a distance of 100 feet and there terminating. AlSO a permanent easement for drainage purposes over ell that part oF the above described tract which lies 12,5 Feet on each side oF the following described line: Commencing at the Southwest corner of said Block 9; thence run southerly ~a'long an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of feet to the actual point of beginning of the line being descrtbed~ thence deflect left 64 degrees for a distance of ?2.0 feet and there terminating. Also a permanent easement for drainage purposes over all that part of the above described tract which lies 12.5 feet on each side of the following described line: Commencing et the Southwest corner of said Block 5; thence run southerly alon~, an extension of the West line thereof for a distance of 33.35 feet; thend~ deflect left 98 degrees 16 minutes 34 seconds a distance of 411.32 feet; thence deflect right along a tangential curve having a radius of 1909.B6 feet for a distance of 64.33 feet to the actual point of beginning of the line being described; thence run northerly along a radial of said curve for a distance of 58.0 feet and there terminating. '\ " to Cofl~oret~on br P~trmr~il3 No delinquent taxes and transfer entered; Certificate of Rea] Estate V~lue ( ) fried ( ) not required Cerfificat~ of ~ea~ Estate Value No. ,,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Dat~: FOR VALUABLE CONSIDERATION, ,19 88 City of Mound (reserved for recording data) ,a municipal corporation undet~elawsof the State of Minnesota ,Grant~r, hereby conveys and qu~tclairas t~ the County of Hennepin , Grantee, a body politic and corporate, under the laws of the State of Minnesota ,tea~propettyin Hennepin County, Minnesota, described as follows: A permanent easement for highway purposes over all that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117, Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the vacated alley dedicated in "McNaught's 2nd Addltion to Mound, Lake Minnetonka", all described es follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds East along the West llne of said 5outhwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds East 572.01 feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence together with alihereditamen~and appurtenances belon~ngthereto. Affix Deed Tax Stamp Here STATE OF MiNNESOTA COUNTY OF Hennepi / / ,/ / / The foregoing was acknowledged before me thLs by the of under the laws of the State of Minnesota NOTARIAL STAMP OR SEAL (OR OTHRR TITLE OR RANK) day of ,19 88 , ~nd and ,a municipal corporation , on behalf of the corporation SIGNATURE OF PERSON TAKINO ACKNOWLEDGMENT THIS INSTRUMENT WAS DILAFTED BY ~AME AND ADDRESS): iHennepin County Dept. of Transportation iRight of Way Division 320 Washington Ave. S. Hopkins, MN 55343 whi South 02 degrees 43 minutes 32 seconds West 149.71 feet; thence South 89 degrees 3B minutes 2B seconds Emst 1DO.O0 feet: thence North 02 degrees 43 minutes 32 seconds East 149.?? feet; thence South 89 degrees 40 minutes 35 seconds East 113.10 feet; thence Southeasterly 490.3? feet along a tangential curve, concave to the Southwest, havi6g a radius of 14~0..37 feet and a central angle of 19 degrees 22 minutes lB seconds: thence North k~ degrees 41 minutes 43 seconds East, not tangent to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East 16.10 feet to the intersection with the East line of said Southwe~t Quarter of the Southwest Quarter; thence Southerly along said East ltn~ 621.57 feet to the Southeast corner of said Southwest Quarter of the Southv~est Quarterl thence Westerly 648.84 feet along the South line of said Southwest Quarter of the Southwest Quarter to a point 695.?8 feet East of the §outhwest corner of said Southwest Quarter of the Southwest quarter; thence Northerly 225.19 feet to a point 501.31 feet Easterly of the Southwest corner of Lot 11, Auditor's Subdivision No. 170, as measured along a line drawn from the said Southwest corner of Lot 11 and parallel with the South line of said Southwest Quarter of the Southwest Quarter; thence continue Northerly along last described course 170.00 feetl thence deflect to the left 21 degrees distance of 169.63 feet to the intersection with the Easterly extension of the centerltne of Alley as dedicated in the plat of 'McNaught's 2nd Addition to Mound, Lake Mtnnetonka" thence Westerly along said center line to the intersection with the extension South of the East line of Lot 6, Auditor's Subdivision NO. 170; thence Northerly along said extension to the So%theast corner of said Lot 6; thence Westerly to the Southeast corner of the West 50.00 feet of said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line of the South 10.00 feet of said Lot 6; thence Easterly along said North line to the East line of said Lot 6; thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the intersection with a line bearing South 02 degrees 43 minutes 32~econds West from the point of beginning; thence North 02 degrees 43 minutes 32 seconds East 100.00 feet to the point of beginning, according to the recorded plat thereof, and according to the Government Survey thereof. ch lies northerly of the following described line: Commencing at the NOrthwest corner of Block 4' Shirley Hills. Unit according to the duly recorded plat thereof: thence run southerly along the West line thereof for a distance of 13.35 feet (said West line has an assumed bearing of South i degrees 51 minutes 59 seconds West) to the actual point of beginning of the line being describedl thence North 70 degrees minutes 17 seconds West a distance of 59.?2 feet; thence deflect left along a tangential curve having a radius of 1398.39 feet for a distance of 472.B0; thence run northerly along a radial of said curve a distance of 1.0 foot more or less to the northerly line of the above described tract and there terminating. Mc-Combs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Telephone Plymouth, MN 612/476-6010 55447 Engineers Planners Surveyors April 26, 1988 Mr. Edward 3. Shukle, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Public Works Facility Change Order No. 1 MFRA #8257 Dear Ed: Enclosed is change order no. 1 in the amount of $14,700.00 for addition to the signed contract on the above mentioned project. Item no. l, which was bid as alternate 4, is being funded 60% by Hennepin County through your recycling program. The other two items were bid as alternates 5 and 8 and should be self-explanatory. We do not have the necessary material from the supplier to make a full evaluation of the substitute manufacturer on the infra-red heating; therefore, this will have to be included on a separate change order. We wish to caution everyone that the deduction of $6,600.00 for alternate no. ? is not a sure thing until approved by the Mechanical Engineer. If you have any questions or require additional information, please contact US. Very truly yours, McOOMBS FRANK ROOS ASSOCIATES, INC. $ohn Cameron OC:khw Enclosure Formerly McCombs-Knutson Associates, Inc, CHANGE ORDER NO. 1 PUBLIC WORKS FACILITY CITY OF MOUND, MINNESOTA MFRA #8257 ITE~ NO. 1 Alternate No. 4 - Underground Waste 0il Tank ITEN NO. 2 Alternate No. 5 - Bollards ITEM NO. 3 Alternate No. 8 - Interior Roof Drainage System TOTAL - CHANGE ORDER NO. 1 Add $ 6,400.00 Add $ 3,300.00 Add $ 5,000.00 Add $ 14,700.00 ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 ADD REVISED CONTRACT AMOUNT $ 679,000.00 $ 14,700.00 $ 693,700.00 APPROVED: M~cCOMBS FRANK ROOS 'ASSOCIATES, INC. LOEFFEL - ENGSTRAND~ ACCEPTED: By: CITY OF MOUND, MINNESOTA DATE: April 26, 1988 RESOLUTION NO. 88- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE QUIT CLAIM DEEDS FOR PERMANENT EASEMENTS AND A TEMPORARY CONSTRUCTION PER/~IT TO HENNEPIN COUNTY FOR THE COUNTY ROAD 15 PROJECT (#8024) WHEREAS, the City of Mound and Hennepin County entered into Agreement No. PW 72-06-87 for County Project %8024 for the improvement of a portion of County State Aid Highway No. 15; and WHEREAS, this Agreement states, "The City agrees to grant highway easements to the County over those lands owned by the City that are a part of the required right-of-way for said Project No. 8024. Said easements shall be granted at no cost to the County."; and WHEREAS, now the County has 2 Quit Claim Deeds for per- manent easements for highway purposes and a temporary construc- tion permit.for the City to approved. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Mound, Minnesota, does hereby authorize the Mayor and City Manager to execute and deliver to Hennepin County the fol- lowing Quit Claim Deeds and temporary construction permit: A permanent easement for highway purposes over all thst part of the following described tract; That part of Block 5, Shirley Hills, Unit A, lying Easterly of a line drawn parallel with and 250 feet Easterly of the West line of said Block 5 as measured along the Northerly line of said Block 5, Shirley Hills, Unit A, according to the duly recorded plat thereof. ~ which lies southerly of a line drawn parallel with and distant 34.0 feet northerly of the following described line' Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of 411.32 feet to the actual point of beginning of the line being described; .thence deflect right along 8 tangential curve h~ving a radius of 1909.86 feet (delta angle 9 degrees 04 minutes 18 seconds) for a distance of 302.39 feet; thence tangent to said curve for a distance of 100 feet and there terminating. Also a permanent easement for drainage purposes over all that part of the above described tract which lies 12.5 feet on each side of the following described Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof for a distance of 33.39 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of 287.0 feet to the actual point of beginning of the line being descrtbed~ thence deflect left 64 degrees for a distance of 72.0 feet and there terminating. April 26, 1988 Also a permanent easement for drainage purposes over all that part of the above described tract which lies 12.5 feet on each side of the following described line: Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees'L6 minutes 34 seconds a distance of 411.32 feet; thence deflect right along a tangential curve having a radius of 1909.86 feet for a distance of 64.33 feet to the actual point of beginning of the line being described; thence run northerly along a radial of said curve for a distance of 58.O'feet and there terminating. 2. A permanent easement for highway purposes over all that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117, Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the vacated alley dedicated in "McNaught's 2nd Addition to Mound, Lake Minnetonka", all described as follows' Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds East along the West line of said Southwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds East 572.01 feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence South 02 degrees 43 minutes 32 seconds West 149,71 feet; thence South 89 degrees 38 minutes 28 seconds East 100.00 feet; thence North 02 degrees 43 minutes 32 seconds East 149.77 feet; thence South 89 degrees 40 m4nutes 35 seconds East L13.10 feet; thence Southeasterly 490.37 feet along a tangential curve, concave to the Southwest, having a radius of 1450.37 feet and a central angle of 19 degrees 22 minutes !8 seconds; thence North 19 degrees 4! minutes 43 seconds East, not tangent to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East 16.10 feet to the intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southerly along said East line 621.57 feet to the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence Westerly 648.84 feet along the South line of said Southwest Quarter of the Southwest Quarter to a point 695.78 feet East of the Southwest corner of said Southwest Quarter of the Southwest quarter: thence Northerly 225.19 feet to a point 501.3L feet Easterly of the Southwest corner of Lot' $2, Auditor's Subdivision No. 170, as measured along a line drawn from the said Southwest corner of Lot L~ and parallel with the South line of said Southwest Quarter of the Southwest Quarter; thence continue Northerly along last described course 170.00 feet; thence deflect to the left 2~ degrees a distance of ~69.63 feet to the intersection with the Easterly extension of the centerline of Alley as dedicated in the plat of "McNaught's 2nd Addition to Mound, Lake Minnetonka" thence Westerly along said center line to the intersection with the extension South of the East line of Lot 6, Auditor's Subdivision NO. 170; thence Northerly along said extension to the Southeast corner of said Lot 6; thence Westerly to the Southeast corner of the West 50.00 feet of said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line of the South LO.O0 feet of said Lot 6; thence Easterly along said North line to the East line of said Lot 6; April 26, 1988 thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the intersection with.a line bearing South 02 degrees 43 minutes 32 seconds West from the point of beginning; thence North 02 degrees 43 minutes 32 seconds East !00.00 feet to the point of beginning, according to the recorded plat thereof, and according to the Government Survey thereof. which lies northerly of the following described line' Commencing at the Northwest corner of Block 4. Shirley Hills. Unit F, according to the duly recorded plat thereof: thence run southerly along the West line thereof for a distance of 13.35 feet (said West line has an assumed bearing of South i degrees 5L minutes 59 seconds West) to the actual point of beginning of the line being described; thence North 70 degrees 18 minutes L7 seconds West a distance of 59,72 feet; thence deflect left along a tangential curve having a radius of 139~.39 feet for a distance of 472.80; thence run northerly along a radial of said curve a distance of 1.0 foot more or less to the northerly line of the above described tract and there terminating. TEMPORARY CONSTRUCTION PERMIT Road No. OWNER City of Mound Project No. 8024 Parcel No. 13 & 130 Grantors, of Hennepin County, for and in consideration of the covenants hereinafter contained and the sum of One and no/lO0 Dollars ($1.00), hereby grants to the County of Hennepin for a period of time terminating 3une 15, 1989, a Temporary Construction Permit, as a part of the general plan of improvement and protection of County Highway No. 15 on the following described property in the County of Hennepin, in the State of Minnesota. As indicated on attached exhibits A & B. , It is mutually understood and agreed that the aforesaid consideration includes payment of damages for and permits removal or destruction of grass or other herbage and other appurtenances on the above described premises. The County will sod the disturbed area- and otherwise restore it to its present condition. That the Grantor is the owner'and in possession of the above described premises and has lawful right and authority to convey and grant the permit herein granted. m April 26, 1988 The Grantor, its heirs, executors and assigns, hereby releases the County of Hennepin, its officers and agents, from any and all liability and claims therefor concerning said premises and grantor's adjoining premises, that result or may result therefrom by virtue of the construction end all work in connection therewith. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk / / ~.. \ to Corporation or Pert,qarsh[p 'i No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,19 88 FOR VALUABLE CONSIDERATION, _ City of Mound the State of Minnesota .,Grantor, hereby conveys and quitclalms to the County of Hennepin a.~qdv oolitic and coroora'ce under the law~ of _i tbe Sta~e of Minnesota Hennepi n County, Minnesota, described as follows: ,a municipal corporation under the laws of , Grantee, , real property in A permanent easement for highway purposes over all that part of the following described tract; That part of Block 5, Shirley Hills, Unit A, lying Easterly of a line drawn parallel with and 250 feet Easterly of the West line of said Block 9 es measured along the Northerly line of said Block 5, Shirley Hills, Unit A, according to the duly recorded plat thereof. which li~s southerly of a line drawn parallel with and distant 34.0 feet northerly of the following described line: , (if more space Is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF Hennepi The foregoing~vas acknowledged before me this by the of under the laws of th~ State of Minnesota NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ,day of and and ,a municipal corooration , on behalf of the cgrporatioq ,1988,, SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Stetementl for the real property dolcrlbed in thia instrument 8houJd be sent to (Include nLme and address of Grantee): INSTRUMENT WAS DP. AFT[ID BY (NAME AND ADDRESS)~ Hennepin County-pept.'6f Transportation Right of Way Div.ision 320 Washington ~ve. S. e Hopkins, MN 55343 Commencing at the Southwest corner of said Block 5; thence run southerly along an extension of the West line thereof fora distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of 411.32 feet to the actual point of beginning of the llne being described; thence deflect right along a tangential curve having a radius of 1909.86 feet (delta angle 9 degrees 04 minutes 18 seconds) for a distance of 302.39 feet; thence tangent to said curve for a distance of lO0 feet and there terminating. ~ Also a permanent easement for drainage purposes over all that part of the above described tract which lies 12.5 feet on each side of the following described line: .Commencing at the Southwest corner of said Block 5; thence run southerly a'long an extension of the West line thereof for a distance of 33.35 feet; thence deflect left 98 degrees 16 minutes 34 seconds for a distance of 287.0 feet to the actual point of beginning of the line being described; thence deflect left 64 degrees for a distance o¢ 72.0 feet end there terminating. Also a permanent easement for drainage purposes over all that part of the above described tract which lies 12.5 feet on each side of the following described line: Commencing at the Southwest corner of said Block 5; thence run southerly alon~ an extension of the West line thereof for a distance of 33.35 feet; thend6 deflect left 98 degrees 16 minutes 34 seconds a distance of 411.32 feet; thence deflect right along a tangential curve having a radius of 1909.86 feet for a distance of 64.33 feet to the actual point of beginning of the line being described; thence run northerly along a radial of said curve for a distance of 58.0 feet and there terminating. "to Corporation br Parmership No delMquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ~ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date:. FOR VALUABLE CONSIDERATION, ,19 88,. City of Mound (reserved for recording data) ,a municipal corporation under the laws of the State of Minnesota ,Grantor, hereby conveys and quitclaims to the County of Hennepin , Grantee, a body politic and corporate under the laws of the State of Minnesota , real property in Hennepin County, Minnesota, described asfollows: A permanent easement for highway purposes over all that part of the following described tract: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117, Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the vacated alley dedicated in "McNaught's 2nd Addition to Mound, Lake Minnetonka", all described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds East along the West line of said Southwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds East 572.0l feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence {if more space Is nNded, continue on back) together with allhereditamentsand appurtenances beIongingthereto. Affix Deed Tax Stamp Here of under the laws of the State of Minneso.ta STATE OF MINNESOTA t ss. COUNTY OF Hennepi n The foregoing was acknowledged before me this day of ,19 88 , by and , the and ,a municipal corporation , on behalf of the corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statementl for the rial property dlleribad ia thI~ ialtrument ~hould be sent to (Include name a~ addroll of Grantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Hennepin County Dept. of Transportation Right of Way Division 320 Washington Ave. S. Hopkins, MN 55343 South 02 degrees 43 minute~ 32 seconds West 149.?1 ?eet; thence South 89 degrees 38 minutes 28 seconds E~st lO0.O0 feet; thence North 02 degrees 43 minutes 32 seconds East 149.77 feet; thence South 89 degrees 40 minutes 35 seconds East 113.10 feet; thence Southeasterly 490.37 feet along tangential curve, concave to the Southwest, havi6g a radius of 14~0.37 feet and a central angle of 19 degrees 22 minutes 18 seconds; thence North degrees 41 minutes 43 seconds East, not tangent to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East 16.10 feet to the intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southerly along said East lt~e 621.57 feet to the Southeast corner of said Southwest Quarter of the south~cest Quarter; thence Westerly 648.84 feet along the South line of said southwest quarter of the Southwest quarter to a point 695.78 feet East of the §outhwest corner of said Southwest Quarter of the Southwest quarter; thence Northerly 225.19 feet to a point 501.31 feet Easterly of the Southwest corner of Lot 11, Auditor's Subdivision No. 170, as measured along a line drawn from the said Southwest corner of Lot il and parallel with the South line of said Southwest Quarter of the Southwest Quarter; thence continue Northerly along last described course 170.00 feet; thence deflect to the left 21 degrees a distance of 169.63 feet to the intersection with the Easterly extension of the centerline of Alley as dedicated in the plat of "McNaught's 2nd Addition to Mound, Lake Minnetonka" thence Westerly along said center line to the intersection with the extension South of the East line of Lot 6, Auditor's Subdivision NO. 170; thence Northerly along said extension to the Sobtheast corner of said Lot 6; thence Westerly to the Southeast corner of the West 50.00 feet of said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line of the South 10.00 feet of said Lot 6; thence Easterly along said North line to the East line of said Lot thence North 33 degrees 3i minutes 24 seconds East 19.53 feet to the intersection with a line bearing South 02 degrees 43 minutes 32~econds West from the point of beginning; thence North 02 degrees 43 minutes 32 seconds East 100.00 feet to the point of beginning, according to the recorded plat thereof, and according to the Government Survey thereof. which lies northerly of the following described line: Commencing at the Northwest corner of Block 4. Shirley Hills. Unit F, according to the duly recorded plat thereof: thence run southerly along the West line thereof for a distance of 13.35 feet (said West line has an assumed bearing of South 1 degrees 51 minutes 59 seconds West) to the actual point of beginning of the line being described; thence North 70 degrees 18 minutes 17 seconds West a distance of 59.72 feet; thence deflect left along a tangential curve having a radius of 1398.39 feet for a distance of 472.80; thence run northerly along a radial of said curve a distance of 1.0 foot more or less to the northerly line of the above described tract and there terminating. CITY of MOUND April 27, 1988 534! MAYW/OOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Curt Pearson 1100 First Bank Place West Minneapolis, MN. RE: City of Dear Curt, Enclosed is a 55402 Mound vs. certified Frank Buysse case. Sincerely, Frank copy of Buysse Resolution #88-74 relating to the Fran Clark, CMC City Clerk fc enc. cc:. Jan Bertrand, Building Official An equal opportunity Employer that do~'s not discriminate on the basis of race, color, nat,onai origin, or hand:,capped status in the admission or access to, or treatment or employment in, its programs and activities. April 26, 1988 RESOLUTION NO. 88-74 RESOLUTION RELATING TO THE CASE OF (CITY OF MOUND) - STATE OF MINNESOTA vs FRI~NK BUYSSE WHEREAS, the city of Mound has commence~ a criminal ac- tion against Frank Buysse for a violation of the Mound Zoning Ordinance; and WHEREAS, Frank Buysse applied for a variance to allow the use of certain portions of his property as a parking area and the Mound Planning Commission and the Mound City Council voted to deny the variance request; and WHEREAS, the city was proceeding with the criminal charge when Frank Buysse attempted to refile for a variance and City officials declined to accept the application because the matter had just been through the process and had been denied and because the matter had been charged as a criminal violation; and WHEREAS, Frank Buysse appeared at a Mound Council Meet- ing and attempted to reargue his case, the city Council on the advice of the City Attorney declined to comment but several Coun- cilmembers indicated that they would move to reaffirm the variance if that action was requested by City Staff - no action was recommended; and WHEREAS, the City Council is now advised that the mat- ter has been discussed in chambers by the city Prosecuting Attor- ney, Frank Buysse and Judge Duffy and the Attorney for Frank Buysse has stated to the Judge that he has 'polled the City Coun- cil and that three members would have voted to grant the variance if the city Attorney had not interjected himself into the matter and instructed the city Council to refuse to talk to Mr. Buysse; and WHEREAS, Judge Duffy has set the matter for trial on Monday, June 20, 1988, and has ordered the parties to meet (Buysse and the City) and attempt to come to an agreement to resolve this matter; and WHEREAS, the City Council has heard the allegations of Mr. Buysse and 4 Councilmembers deny that they have had conversa- tions with Mr. Buysse and further deny that they have indicated he would be granted a variance. The Mayor talked to Mr. Gross, Mr. Buysse's attorney, but never indicated how he would vote on a variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Mound, Minnesota: 1. Mr. Buysse's request for a variance was denied. 1 April 26, 1988 Mr. Buysse's request for a variance should not be reprocessed until the criminal charges filed by the City have been resolved by the Court System. This Council states for the benefit of.Judge Duffy and the District Court that Councilmembers have not told Frank Buysse that he will be granted a variance nor have they in any way indicated that his illegal use will be approved. The City Attorney and the City Prosecuting Attorney are authorized and directed to follow Judge Duffy's Order to meet with Mr. Buysse and to inform him that his al- legations to the District Court. regarding the City Council is not a correct statement of the facts. The City Council further reaffirms and restates the denial of Frank Buysse's request for a variance and directs City Staff to continue to work to bring his property into compliance with the City Zoning Or- dinance. Judge Duffy is asked to disregard statements by Frank Buysse regarding alleged statements with members of this Council. The City will continue to proceed by its collective action in regular or special Council Meet- ings. and by direction to its Staff to provide equal protection under the law and equal enforcement for all residents. The foregoing resolution was moved by Councilmember Johnson and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson and. Smith. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk 2 TO: FROM: DATE: RE: MEMORANDUM Curtis A. Pearson Craig M. Mertz April 26, 1988 State (Mound) -vs- Frank Buysse The above-referenced matter was scheduled for trial on April 22, 1988. This case was number 7 of 7 jury trials set for that date. Judge Duffy was on the bench. Mr. Buysse appeared with Gross· he ' ~g~-as e Q _me~e~ ~i~t~h.~he his new attorney, Loren ~jj~-_c_~~_~L~..~e~h~t~e~t~ of attorneys in chambers· ~ ~-~~'~ ~ the ordinance and the sequence of events, specifically, that the date of the offense and t~.~te of the formal complaint both predate the Ci~ Council .~.. of January 26, 1988~denial of a variance request. I also reviewed the fact that Jan Bertrand had asked Mr. Buysse to stop construction and that Mr. Buysse elected to proceed anyway. The judge seem~ to be impressed with my argument that Mr. Buysse was a scofflaw· Next, Mr Gross made his argument in which he raised the following points: 1. ~The City is the stalking horse for Mr. ~ovland, Buysse takes good care of his property, ~ovland does not take good care of his property, ~ovland is trespassing on the Buysse property and needs the Buysse property to obtain access to the back side of the Hovland property, The performance standards in the zoning ordinance are illadvised and unrealistic, That he has polled t'he members of the City Council and at least 3 of them would vote for a variance and would have voted for such a variance had not Curtis Pearson interjected himself into the matter and instructed the City Council to refuse to talk to Mr. Buysse. That the Mayor is supposedly very upset with the ~ in which Curt Pearson elected to interject himself into this matter and issue such instructions to the City Council, That Buysse had lost parking spaces to Hennepin County as a part of the County Road Improvement Project, That Craig Mertz was really Mr. ~ovland's lawyer and that he was doing Mr. ~ovland's legal work for free, 10. That the parking lot is not a parking lot but rather is a access driveway, and 11. While Mr. Gros~ aid not sp~cificall~ mention this item, presumably the City's projected inability to establish the location of the lot line. -Gross told the judge that the City should dismiss these charges pending city action on his variance application. The judge asked me to dismiss the charges. I told the judge I could not dismiss the charges because the ordinance was clear, Mr. Buysse was forewarned, and the City Council had already acted on such a variance application. The good judge then told me that it wasn't right for the City to handle zoning matters such as this in the Criminal Court. The judge then informed the two of us that the matter would be set for trial on a new date approximately 1 month hence and he asked Mr. Gross to waive speedy trial. Gross said his client would not waive speedy trial. The judge at this point-became angry at Mr. Gross and indicated that he did not appreciate. . Mr. Gross' .inconsistent Posture .on this point. ~'specifically,. claiming that time is needed to resolve the matter with the city yet being unwilling to waive the right to a speedy trial.> Gross then. said that the case had to dismissed because the city wasn't ready to proceed with the case. I told the judge we were ready to proceed with the case immediately. The judge then stated that the case would go out for trial that day. I then pointed out to the judge that there were six cases ahead of this one and that the judge might be misreading the calendar. At that point the judge stated that he was retaining'this particular file and that he would be trying the case at 8:30 a.m. on Monday, June 20, 1988 in Division 1 (Downtown-Minneapolis) and~the~.judge ordere~_.the~ parties, ~meaning Mr. Buysse and the City Council~tomeet to attempt to come.'to an agreement to resolve, this dispute 'and that if such an agreement was reached the City Attorney was to draft an appropriate order for dismissal and that if such an agreement was not reached the case was to be tried. CITY OF MOUND I'P:BA BUDGET REPOR. T- MARCH i 'PE'.:~ GENERAL FUND T~xe _~ I r, ter-oover'nmer, t Non-Business Li,:enses ~r,d Per. mits ' Chmr-~es ~c,r- ~oUr. t Fir, es Chmr. oes to Other'.. Other- Revenue TOTAL REVENLIE BUDGET 1 0:3:--x)CxB 77,:.'.'-..'50 ':'?, ~ 0 MiARCH R?V~N,JE YTD PER CENT REVENL;E ,,;ARiANCE REC£iVED C)040C) :E: 113 i :::237, :E:7165 13. 18% 37200 10-2? 2942 .34258 7.91% . c,..,~ .... 8:3637 7 07% .. 90000 a, 3a, 3 ' ':' '~ - 1 :-'; ~J'-." 3222 ..... 143 21 'P 567:--', ! 0.3'.E:% ! 7335 4?626 20:E;0672 2. 272;E;0 _, i 3 C) 2'P E: LIC)UOR FIJND WATER FUND SEWER FLIND .....+(~,;,. ,,:, .~._~'-'=. 75% 550000 4~, z 04 I 4 ~ 642 ' ' '-"-'='-' 2 7 CITY OF MOUND i'PE:E: BLIr~GET REPORT E X F'ENri I T LIRE:-D MARCH 1988 BLIE~GET AENERAL Cour, cil Cab 1 e Ci tv Elect Asses Fi nan Legal Po] ic Civil Pt mnn Re c~,'c FUND TV Ma rsa,ae r'/C:I e r. k i sin,D ter- Defer, se rig/I nspe,zt i or, s i r,g .. Str. eets Shop & Stopes City F'r.,:,pe r-ty F'a r- k S Cor, tin_~er, cies 466:! 0 ,-,.-~ ~:2 109760 40000 4 1 :.:: 0 0 122 940 28920 97150 660410 2000 ~ 0:B450 17880 :B6,4270 5 ~ :~3S:30 ~ 65430 20000 150'P'P 0 MARCH YTD EXF'ENSE EXPENSE VAR l ANC:E 17 16:B ""~'-'"' 74 264 39736 9967 2650'P '.:/643 460S2 i :l:E:E:64 521546 2753E: :--:~;476 '---"75794 4803 11411 72419 19431 278E:4 -137596 0 7660 750 9721 29162: 121 :-2:27 PER I::ENT EXPENDED' :":3. 077. "00% '-.'d. '2 , ,:,2% O./--. 6 % 3. I 1% 21.56% 34.96% 1 ?. 56% .1.85% ~ 9.97% 25.8J:% 24. '29% 24.04% 13.61% ~ 6.83% O. 00% '~: ·75% 19.31% GENERAL FLIND TOTAL ':'12E:550 167632: 432942 .16,9560:.:: 20.34% - Ar-ea Fir-e Service Fund Commc, rss D,:,cks Fund Li,auof Fund Hater. Fund .:,w w e r- F u r, d 2214:2:0 a 9'? 90 1 ,:,, .- -' C) 2'29620 L-,4'.:/640 12:257 ._-=, 1373 170057 -..-'-"]. 20% 2:5:272 53608 i 63:::2 76.59% 173:-'-:6 E:'.-:<)67 14o4._,c, 20. 47154 S.-_-:OE:5 216535 27.7~% 626:32 15:E:7'.'.75 4'P 0:'-',45 24.44% Metropolitan Parks and Open Space Commission April 13, 1988 300 .Metro Square Building Seventh and Robert Streets Saint Paul. Minnesota 55101 612/291-6401 Ed Shukle, city Manager City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Mr. Shukle: On March 28, Metropolitan Parks and Open Space Commission action on the recommendations in the Mound's Bay Park boat launch report resulted in a 4/4 tie. At its meeting on April 11, 1988, the Commission voted to bring the report back for discussion and ultimately voted to table action until a future time. We will keep you informed of any further action on this proposal. Please contact Jack Mauritz (291-6602) of the Council's park staff if You have any questions. Sincerely, Chair LK:sa cc: Douglas Bryant, Superintendent, Hennepin Parks Established by the Minnesota Legislature as an agency of the Metropolitan Council Io~o ~ 3RD ANNUAL CITY INNOVATIONS CONFERENCE: Responding To Human Needs What is innovation? Simpty defined, innovation means a change in the way of lng things, innovation in munici- pal government means more than that, however. It implies strong leadership at the top to create the atmosphere for change. innovation in municipal gov- ernment a!so means change that results in better services or pro- grams for citizens: change that forges new partnerships and re- inforces old ones: cha~ge that makes the best use of municipa! funds and other resources, or that encourages the use of pri- vate resources for the public good. Innovation in city government can also mean change in a policy or procedure that results in more productive employees, a safer work place, or a better process for getting the city's business accomplished. Creativity, resourcefulness. risk-taking, leadership--these are all elements of innovation in municipal government. During the National League of Cities' Third Annuat City Innova- tions Conference, you will learn how your colleagues across the nation took the lead, bore the risks, and employed their re- sourcefutness to find creative solutions to the challenges of managing their cities. The focus of the conference this year will be on municipal programs that he',p 'meet the basic human needs of the people who live in cities and towns--the need 1or a steady job. for job training, for a decent home, for a good education, for a square meal, for affordable health care, for hope that the future will be bright. A highlight of this years' con- ference will be the recognition by NLC of cities and towns which have excelled in these human sen, ice areas. Pian to join your co!!eagues in Saint Paul this spring for this ex- citing conference. I encourage you to register today! Alan Beals Executive Director Ccr, ferenc~ Objectives · Recognition--Showcase and recognize the many innovative and creative program initiatives that are occurring in cities and towns in the area of human ser- vices. · Access--Provide you with first hand knowledge of programs that work and access to those who have implemented those programs. · Leadership--Provide a fo- rum for the exchange of ideas and information'On how you c.a.n be an effective leader in pro- moting innovative approaches and solutions in your community. · Strategies--Provide you with information about innovative strategies that are working in America's communities, and of- fer ideas about how those stra-. tegies can be applied in your city or town. Conference Hi_~h[i.~hts Informative workshops informative workshops wilt high- light local government innova- tions and initiatives in these human services areas: · Youth and Children · Nutrition, Health and Shelter · Education, Trai'ning and Jobs Mobile workshops Mobile workshops wilt take you into the community to learn first hand about innovative human services programs in Minneap- olis and Saint Paul. Workshops will highlight a variety of human services programs in the West- side and Summit University Neighborhoods of Saint Paul; and youth development, parent- ing and adolescent pregnancy programs in Minneapolis. Nationally recognized speakers Nationally known speakers have been invited to share their thoughts on innovation and cre- ative leadership. 1988 City Innovations Awards Winners Winners of ~'~LO's 1988 City In- novations Awards Competition will be announced and winning cities and towns honored during the conference. New Apple Computer Software During the conference Apple Computer. tnc. will unveil its new line of computer so~,,are pro- grams developed for local gov- ernment officials. Delegates may receive hands-on demonstra- tions and training during the conference. 3RD ANNUAL CITY INNOVATIONS CONFERENCE= Responding To Human Needs 6 p.m.-8 p.m. Earlybird Registration Thursday~ l',;sy 19~ 1988 7:30 a.m.-5 p.m. 8:30 a.m.-10:20 a.m. t0:20 a.m.-t0:30 a.m. 10:30 s.m.-12:30 p.m. 12:45 p.m.-2 p.m. 2 p.m.-5 p.m. 5:30 p.m.-7, p.m. Registration and Refreshments Opening General Session Welcoming Address: "The Po/icy Leader's Role in Innovation" Keynote Address: "Responding ~o Human Needs" Panel Discussion': "The Human Side of City Services-- The Needs and the 'Response" Break Concurrent Workshops · Meeting the Needs ¢ An Elderly Poputation · Partnerships and Resources for Jobs and Job Training m Programs That Keep Youth On Track · Initiatives In Youth and Adult Literacy Luncheon Featured Speaker Mobile Workshops Buses wi//take delegates into Minneapolis or Saint Paul neighborhoods to view successful and innovat/ve human services programs. Networking Reception Friday~ M.=y 20? '[988 8 a.m.-5 p.m. 8:30 a.m-9:30 a.m. 9:30 a.m.-9:45 a.m. 9:45 a.m.-noon 12:15 p.m.-l:30 p.m. 1:30 p.m.-4 p.m. 5:30 p.m.-7 p.m. $~.turc..:sy~ Mr.y 21~ 1988 8:30 a.m.-lO:30 a.m. Registration City Showcase Brief presentations on innovative municipa/ programs, procedures or poficies. Break Concurrent workshops · Creative Financing of Temporao,. Emergency and Permanent Housing · Job Training' Programs That Work · Today's Children:Tomorrow's Leaders: Making Cities Appealing For Families and.Children ~ · Health Care Solutions for the 1990's. Informal Roundtable Luncheon Concurrent workshops · Innovative Solutions to Homelessness · New Ideas For Day Care, Parental Leave and Other Child Care Issues · Educating the Workforce of the Future Reception Hosted by the Mayors and City Counci/ Members from Saint Paul and Minneapolis, and by the League of Minnesota C/ties. NLC Inno'vations Awards Breakfast Winners wifl be announced and honored/'n the 1c, 88 CiO' Innovations Awards Competition. Keynote Address Conference Adjournment Registration Information Early Bird Registration. Reg- ister early for tl~e conference and you will receive a 15 percent dis- count off the regular registration fee. The early bird registration cut-off date is April 29, 1988. The fee covers all conference sessions, a conference packet. ~wo hunches, the Innovations Awards Brea~,ast, two recepl~ons, and a mobile workshop. To register, please fill out the form and return it with pay- ment to: City innovations Conference National League of Cities 1301 Pennsylvania Avenue, N.W, Washington, D.C. 20004 Please refer to the fee sched- ule to determine the accurat'e amount of payment. Checks should be be made payable to the National League of Cities. Please enclose a separate regis- tration form for each participant. Refund requests must be re- ceived in writing; postmarked by May 12, 1988: and are Subject to a 25 percent service charge. Late Registration. The cutoff date for mail-in registration is May 12, 1988. After May 12, register by calling NLC at 202- 626-3140. For more information, please call NLC's Office of Membership Services at 202-626-3140. CONFERENCE REGISTRATION National League ol Cities 3rd Annual City Innovations Conference: Responding to Human Needs Saint Paul, Minnesota May 19-21, 1988 FORM Name Title Organization Mailing address State 'feiep~on8 Piease check the .appropriate fee. Advance registrations must be postmarked by April 29. 1988. Advance Regular __ S165 S195 S195 S230 $235 S275 NLC Direct Member City or Associate Member Non-Member City All Others FOR OFFICE USE 0t,~LY FO CC PMT NO PO NO OTHER Please return this form with payment to: City innovations Conference National League o! Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 loSS' LAKE MINNETONKA CONSERVATION DISTRIC-I 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 FRANK MIXA, EXECUTIVE DIRECTOR BOARD MEMBERS Robert Rascop. Chairman Shorewood JoEIlen Hurt, Vice Chairman Orono Carl H Waisser, Secretary Excelsior Mark Westlund, Treasurer Wayzata Marvin Bjorlin "tonka Bay Jan Boswinkel Uinnetonka Beach Richard J. Garwood Deephaven Peter Hill Victoria Ron Kraemar Spring Park John Lewman Minnetrista Richard Nelson Greenwood Robert K. Pillsbury Minnetonka Thomas W. Reese Mound Robert E. Slocum Woodland April 14, 1988 TO: LMCD Area Marinas, Restaurants, Bait Shops, and others SUBJ: Fishing Contest Permits The District has recently reviewed with the various fishing organizations its policies regarding the issuing of fishing contest permits for Lake Minnetonka. The attached resolution has been adopted setting forth policy for conduct of organized fishing contests on the Lake. You will note that items 6, 7, and 8 have to do with starting and weigh-in locations for the various contests. Since most of these contests .start early on weekend mornings, it is necessary to reduce the noise on the Lake during these hours. · Because of this we are recommending that wherever possible contests be started on locations out on the Lake, and as quietly as possible. For weigh-in purposes later in the day, most public access sites would provide a suitable location, such as Mound Park or Lord Fletchers. Your cooperation will be greatly appreciated by the contest sponsors and the LMCD. Call us at 473-7033 if you have any questions. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Frank Mixa Executive Director FM:jm att: Resolution 59 c: Bud Miller Robert Pillsbury LAKE MINNETONKA CONSERVATION DISTRICT RESOLUTION NO. 59 A POLICY PROVIDING GUIDANCE FOR THE ISSUANCE OF OPEN-WATER FISHING CONTEST PERMITS ON LAME MINNETONKA WHEREAS, the Lake Minnetonka Conservation District, in cooperation with state fishing organizations has developed a program for the regulation of fishing contests on the Lake; and WHEREAS, these regulations have resulted in LMCD Ordinance No. 96, Fishing Contest rules, and this Resolution No. 56, Fishing Contest Policy; NOW, THEREFORE, BE IT RESOLVED, that the following policy shall provid~ guidelines for the issuance of fishing contest permits on Lake Minnetonka: 1. Permit requirement: A Special Event Permit will be required for a fishing contest where (a) there are more than 19 participating boats, or (b) there is an entry fee of more than $10, or (c) there is more than $2,000 in prizes. 2. An applicant is to provide a set of tournament rules/guidelines, and a copy of the DNR permit with the LMCD application. 3. Renewal applications shall be submitted by December 1 to avoid penalties. 4..Rain dates shall be the next open similar date. 5. Minnesota Bass Federation will provide coordinated schedule for the season by January 31. 6. Contest marshaling-areas shall be located at acceptably remote areas, such as Wawatosa ar Big Island (150 boats maximum). 7. Starts should be controlled quietly with no bull-horns or starting guns. 8. Location of weigh-in sites should be rotated with LMCD assistance. (more) LAKE MINNETONKA CONSERVATION DISTRICT Resolution No. 59 Page 2 9. Casting near a person-occupied dock is to be avoided, and the practice reviewed after the 1988 season. 10. Type of tournament-boat identification shall be optional with each ap- plicant, and the practice reviewed after the 1988 season. 11. Fishing groups are to provide an advisor to the LMCD Lake Use Committee. 12. LMCD will maintain a Special Events calendar. 13. LMCD appeal/hearing process is: A. Informal hearing and review with the appropriate committee, if re- quested, then recommendations go to the Board. B. Then, if requested, further informal review is held with the Execu- tive' Committee, with recommendations .to t.he Board. C. Board to review recommendations and make final decision. Adopted this ~2-~ day of ~z.~.~./- , 1988 by the Board of Directors of the Lake Minnetonka Co~ervation~District. ATTEST: MINUTES OF THE MOUND ADVISORY PARK COMMISSION MEETING April 14, 1988 Present were: Chair Nancy Clough; Commissioners Shirley Andersen, Cathy Bailey, Stephen Burke, Marilyn Byrnes, and Linda Panetta; Council Representative Phyllis dessen; City Manager E~ Shukle; Park Director Jim Fackler; Dock inspector Deli Rudolph and Secretary Marge Stutsman. Also present were the Following interested persons: Jane Kern Kemp, Jane Chiesl, Jenny Chiesl, Law and Dorothy Caster, Janet and Karl Swanson. MINUTES The minutes of the Park Co~mission meeting of March 10, 1988 were presented for consideration, dessen moved and Panetta seconded a motion to approve the minutes of the March lC, 1988 Park Commission meeting as Dublished. The vote was unanimously in Favor. '~inter Access For Automobiles for ice Fishin~ The Park Director, Jim Fackler, explained that t0 sites have Dean used for winter lake access for cars and trucks, dim stated that they have had problems with the Ridgewood Access when they start getting thaws, the mud and so forth, 811 slides down into the lake. Not only does it affect the commons docks, but it affects a private property owner to the one side. They are looking at restricting Ridgewood From car/truck access in the Winter; there is Twin Park which is just down the shoreline a little bit from there and is graveled. Jim stated they have to repair Ridgewood Park and just hauled in approximately 20 yards of clay and will end up seeding it again; but it would just be torn out again. The other 9 access sites make any area they've been using for ice Fishing quite accessible. He is bringing these accesses up to Formalize the sites allowed, in the past, people also used Chester Park and Avalon Park. Jim is requested that Ridgewood Park be added to the other two parks that are off limits as Winter accesses For cars/trucks. dessen questioned if we had ever publicized these accesses. Jim stated they were going to put 8 map together and furnish the bait stores, etc. with it and put it in the paper in the Fail. Bailey moved and Clough seconded a motion to approve the list as recommended by the Park Director. The vote was unanimously in Favor. L i oht at Centerv iew The Park D i rector exp 1 a i ned the background of i nsta 11 at i on of lights--there had been a request From the dock owners on ! ?o Park Commission Minutes April ]4, 19BB - Page 2 Centerview in order to prevent boat vandalism. There was a cost share on the lights, with the City picking up 6 months out of the year and the Oock holders picking up the other 6 n~Dnths. Costs were more reasonable when started than now; it costs approxi~tely $10.50 per dock site for the season. The request now is that the lights are not doing the job and dock holders do not wish to pay for service from which they are not benefiting, Jim stated the wattage of the bulbs has been increased from 100 to 150 watts. Jane Kemp was present and commented that the poles were so far from the docks and the ]ight shown on the road not the Oocks. ' The Commission was surprised that dock holders were paying for the lights; they thought lights were put in to prevent vandalism on the beach; it was discussed that people should have ~ximum security and boats should not be in the shadows; they questioned if the poles coul~ be moved?.. Jessen moved and Panetta sec~nde~ a motion to direct staff to meet with.'NSP to .see what can be done about possible reposi- tioning the poi'es so there is better lighting plus increasing wattage, The vote was unanimously in favor. Playqround Equipment Installation The Park Director distributed drawings o~ two units of playground equipment. He explained that they purchased two o¢ the larger one and one of the smal ]er one and he's proposing to put the larger units in Clover Circle and Belmont(because of the ~ummer recreation program);" the one small unit we are open on where'that one should go. They will be installed and ready in June. Jane Chiesl and Daughter Jenny were present; Mrs. Chfesl explained that she had called Jim about the density of children in the Pembroke area and the need for some equipment in Pembroke Park. Jenny and her friends circulated a petition (which was presented to Jim) requesting that some equipment be put in. Jim stated the size of the park is his concern. He thought the smaller unit would fit; the larger unit (56 X 40') would take too much green space. The Chair thanked them for bringing in the petition and stated that really showed the children's concern and responsibility for their area. The Commission discussed the equipment, its placement, etc. Bailey moved and Clough seconded a motion to recommend instal- lation of the equipment in Belmont, Clover Circle and Pembroke. The vote was unanimously in Favor. Park Commission Minutes April 14, ]988 - Page 3 Request From Karl and Janet Swanson, ]5a7 Bluebird Lane, to construct a stairway on the Commons Commissioner Bailey stated that our job is to consider allowing stairway in a non-stairway area. Jim stated, that because the topography, there would have to be a stairway. Staff stated that people would have to be responsible to build (to City specifications), maintain and provide liaDi lity for the stairway. The Commission had various questions on whether there were other steps that could be used. Bailey stated originally City did not want stairways; they wanted to preserve the naturalness and wildlife of the area. The Commission discussed the request; Mr. Swanson stated stairway would not impede anyone from using the Commons and that stairs would be built to code by a professional carpenter. He also said he hired a Nursery to seed soil to keep the bank From eroding. Panetta moved and Byrnes seconded a motion to recommend grant-i'ng approval of the stairway (5 year renewable). The vote was unanimously in favor. This will be on the City Council agenda of April 26, 1988. Request From Lewis Caster~ 4917 island View Drive. to construct retaininq wall~ partially on the Commons. The Park Director explained that each area is unique and there is no public access to this property except over private property. The applicant, Mr. Caster explained that the existing retaining wall was falling apart; he is proposing terracing it up to the top of the hill; building Four 4 foot terraces. This is considered a Class C Commons (abutting property owners only can get .access). Mrs. Caster explained the problems with children coming on this commons and her concern that one of them will get hurt. The Commission discussed the steepness and inaccessibility of this area. Bailey moved and Byrnes seconded a motion to recommend granting a maintenance permit for this request under Item 16A (3 year renewable). The vote was Burke against; all others voted in Favor. This will be on the City Council agenda April 26, ]988. The. Commission discussed at length whether or not the flow chart should be used and whether past maintenance permits should be Park Commission Minutes April 14, 1988 - Page 4 reviewed. Jim advised that each access/dock area is checked about 3 times a year. REFK)RTS The Council Representative reported that the Council would like to be invited on this year's Park Tour so they will be more Familiar with the parks; they asked iF it could be held on a Saturday. Several Commissioners Felt they could not make a Saturday Tour. AFter discussion, it was decided to set the date For the tour on Thursday, July 2Bth at 5 P.M. The question oF potluck will be decided prior to then. City Manager Ed Shukle reported on the meeting with the LMCD and the resolution of the fees Mound is to pay For boat spaces, etc: Mound has since paid the fees. The Park Director explained-'that he and Dell added up the total lakeshore Footage and Found that Mound had over 30,000 lineal Feet. So a new application ~as submitted to the LMCD with the new map shoWin'g that total. The Chair Nancy Clough asked that our LMCD Representative Tom Reese keep the Commission updated on the LMCD Comprehensive Plan. The Park Director reported that his seasonal staff is coming back and he hopes to get a couple From Tree Trust. They have been repairing picnic tables and the existing equipment. He noted the culverts will be coming out oF Belmont and Three Points .Park. They have been stock piling rip rap materials; also dirt and clean Fill and sand For the sand boxes. He brought the Commission up to date on rip rapping done. The Dock Inspector, Dell Rudolph, passed out handout on the status of the Dock Program this year and gave report on it. Note: The Commission stated that the Tour oF Parks will replace the normal Park Commission meeting in duly. ADJOURNMENT Byrnes moved and Andersen seconded a motion to adjourn the meeting at 9:45 p.m. Al 1 were in favor, so meeting was adjourned. MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION APRIL ]1, 1988 MEETING Present were: Chairman Thomas Reese; Commissioners Vern Andersen, Wi 1 1 lam Meyer, Geoff Michael , Kenneth Smith, Brad Sohns, Wi ll iam Thal and Frank WeilanO; Counci 1 Representative Elizabeth Jansen; City Manager Ed Shukle; C~ty Engineer John Cameron; But lding Official Jan Bertrand and Secretary Marjorie Stutsman. Also present were the following interested persons: Chapman and Judy Chapman. Bradley M I MUTES The minutes of the .Planning Commission Workshop Meeting of March 28, 1988 were presented for consideration. Commissioner Meyer stated (see second paragraph on page 4), he vosed against the amendment because he was strongly opposed to the City granting variances for themselves and felt they should not design things that break their own laws; the City expects everybody else that 'comes in to comply and the City should set the highest standards. Sohns agreed that he also strongly opposed the variances being granted lot"the same reasons. Council Representative Jansen asked for a correction on her reason for the nay vote on the motion denying parking variances (fifth paragraph on page 4) · It was because of the combined size and number of sial 1 s. Wei land moved and Thal seconded a motion to accept the minutes as amended. The vote was unanimously in favor. BOARD OF APPEALS I. Case No. 88-707 Request of variances for 1927 Lakeside Lane Lot 10, Block 11, Shadywood Point; PID 18-117-23 23 0056 Bradley and Judy Chapman were present. The Building Official, Jan Bertrand, reviewed her report. The applicant wants to add a second floor to the existing single family dwelling and a 10 by 25 foot addition to street front of home which would approximately double the existing floor area. The existing structure is 9 feet to the street front right-of- way; the existing side yard set backs are 4.6 feet and 4.9 feet; and the lot area is 8,450 square feet. The Zoning Code for the R-1 residential district requires 30 foot street front setback, 10 foot side yard setbacks and lot area of 10,000 square feet. A previous variance in 1969 was granted to allow the 9 foot front yard and 4.6 foot side yard for the attached garage. She recommended if the variances are granted, that the second floor addition stay in line with the 4.9 foot setback to east property line and the 10 foot by 25 foot addition have conforming setbacks. In figuring the distance From the street, she real ized /0¢3 Planning Commission Minutes April 11, 1988 - Page 2 an error had been ~cle and the proposed foyer addition to the front of the home was already too close to the street. Her recommendation also including diverting drai.nage from the proposed hip roof to the southeast lakeshore area with adequate gutters and downspouts. The Commission discussed the number of variances required for this proposal and Sohns stated he would only be in favor of approving variances if applicant could stay within the footprint of the existing structure. The applicant stated the foyer was needed to put in the stairway to the upper level or it would be in the middle of the bedroom. The Commission discussed if this was the minimum variance which would alleviate the hardship and thought it possible to find an acceptable plan that would fit the footprint. Reese moved and Weiland seconded a motion to recommend allowing the expansion within the footprint of the existing building... The vote was unanimously in Favor. , This item wi)) be referred'to the City Council on Apri) 26th. Case No. 88-?08 Vacation of Utility Easement for site of the proposed Public Works Building at 5468 Lynwood Boulevard Lots 12 through ]5, Koehler's Addition to Mound City Engineer, John Cameron, was present for the City The City Engineer, John Cameron, passed out a drawing sh~wing where the existing utility easement is located and explained that the City does not need this easement For utilities and a portion of the proposed public works building is on the easement. He is recommending that 1S feet of the 20 foot easement be vacated and the other 5 feet be retained. He commented a gas line is in that 5 foot that would be retained plus there is 4 Feet to back of the curb. He Feels that there is plenty of room For Minnegas¢o as the utility lines are shallow. Smith moved and Jensen seconded a motion to approve the ease- ment vacation of the northerly ]5 Feet recommended by the City Engineer· The vote was unanimously in favor. The City Council will set a public hearing date at the the April IZth meeting. Public hearing will be April 26, i988. Case No. 88-?09 Grading application For 49XX Shoreline Boulevard; Lots 1-6, Block 3, Shirley Hills Unit A Applicant: Hall Leasing. Planning Commission Minutes April ll, 1988 The Building Official, Jan Bertrand, explained that Hall Leasing has applied to the City for a grading permit for the low parcel of land they'd like to fill which includes Norwood Lane and the Council asked the Planning Commission to review the application. The City Engineer, John Cameron, stated Hardrives was looking for a nearby site for the excess dirt from the County Road 15 improvement Project. He reviewed his reports commenting that Norwood has no utilities and the original drawing has been revised to include a cul-de-sac. The problem is drainage through the property. The pipe downstream toward the lake is not adequate. John recommended that the i5 inch pipe be replaced with 18 inch pipe. There are no plans to develop at this time. The Planning Commission discussed the size and placement of the cul-de-sac, drainage in the area, what would be involved with the grading, etc. and questioned what action the Council was looking for. '3chh stated he felt all Council was lookfng for was approval for the cul-de-sac. He advised he was going to suggest the City pick up part of replacing the small pipe. He stated alt vegetation, trees, etc. would come out; they would compact in the building pad areas and Hardrives would have to seed again. He is recommending the conditions including .requiring a bond shown in his report. Weiland moved and Michael seconded a motion to recommend the grading with the cul-de-sac concept with a 40 foot radius per plan dated 3-31-88 and that City look into upgrading storm sewer from 15 inch to 18 inch; approval subject to Engineer's recommendations and Engineer's and Hennepin County's approval. The vote was unanimously in favor. ' This' will be on the City Council agenda of April ]2, 1988. DISCUSSION ITEMS Chairman Reese reported on the meeting of the Water Structure Committee last Saturday regarding Waterford Properties' application For a Marina for 27 slips. Reese questioned what the City's position should be? The Commission discussed the parking and it was thought that Chapman Place has no parking; that this was a City issue and not LMCD. The Commission thought a Marina should be allowed, but they should provide parking for the boat users. Commission discussed cutting down number of slips to match the number of condominiums. Marina was to be operated by leasee and it was thought no one in Chapman Place would have any more right to Planning Commission Minutes April Ii, 1986 - Page ~ slips than the general public. It was discussed that staff should look into what conditions were and bring back what they have. Presentation of Housing Maintenance and Occupancy Ordinance Drafl Commissioner Sohns reviewed the "Housing Maintenance Committee Overview" and whether to send the draft to those listed (presently just Commission and Staff involved have copies). It was thought the City Council should be copied. Chairman Reese suggested a definition up front of what this is such as incorporating some of the last paragraph (intent) on the first page. It was suggested when typing Attachment A, you say what it is, i.e.: Copy of existing Mound Nuisance Ordinance. It was thought there should be index page. In Attachment B, omit correspondence memo and add Jan Bertrand's name to the next page. Starting with Attachment C,.' the Commission went through Section VI (Page ]7) and made various.'suggestions. A revised copy will be issued when the entire Attachment C has been reviewed. Start with Section VII at the April 25th Planning Commission meeting. .. ADJOURNMENT $ohns moved and Weiiand seconded a motion to adjourn the meeting at ]0:45 P.M. All were in favor, so meeting was adjourned. Thomas Reese, Chairman Attest: St. Louis Park Plymouth/Med. Lake Minneajpolis St. ~hom Minnetonka Shorewoood Richfield Mound Golden Valley.. Champlin Municipalities Meeting Recycling Goals 6% (1987 Goal) 9.0 8.3 8.3 8.1 7.6 6.9 6.6 5% 10% 1987 1 1.3 11.2 10,7 10.4 16% (1990 goal) I 18.7 15% 20% Hennepin County Historical and Projected Funding of City Recycling Programs 5.0 $4,500,000 c- O 4.0 3.0 2.0 1.0 $74,000 $574,000 $1,300,000 $2,750,000 ,$3,800,000 1982 - 1986 1987 1988 1989 1990 1985 (Projected)