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2004-05-25 pI.F~ASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA *Consent A~enda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council g~embqr or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Open meeting - Pledge of Allegiance Approve agenda, with any amendments *Consent Agenda *A. Approve minutes: *B. *C. *D. *E. *F. May 10, 2004 special meeting workshop May 11, 2004 regular meeting May 18, 2004 joint CC/HRA meeting Approve payment of claims Approve tree removal & treatment licenses Approve recommendation to extend CBD Parking Program Approve resolution reaffirming the authorization of the City sponsorship of the state grant-in-aid snowmobile trail funds Approve letter of credit reduction for Langdon Trails Approve an ordinance adding section 903 to Chapter IX of the City Code prohibiting fishing at certain portions of the Lost Lake Channel 1425 1426-1432 1433-1434 1435-1463 1464-1465 1466 1467-1470 1471-1473 1474-1480 C~ Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) Public Hearings A. CSAH 15 Street Improvements 1. Action on resolution receiving report for the construction and realignment of CSAH 15 Action on resolution ordering improvement and approving plans for the construction and realignment of CSAH 15/110 1481-1482 1483-1484 C PLEASE TURJ~I OFF AT CE!,L PHONES & PAGE~ ~ COUNC~ CH~4~MBE~. Bond Sale for 2004 Projects A. Action on resolution providing for the issuance and sale of $1,785,000 general obligation improvement bonds, series 2004A, pledging special assessments for the security thereof and levying a tax for the payment thereof Action on resolution providing for the issuance and sale of $1,675,000 general obligation revenue bonds, series 200411 and pledging for the security thereof net revenues Action on resolution providing for the issuance and sale of $500,000 general obligation equipment certificates, series 2004C, and levying a tax for the payment thereof Action on proposed amendments to the Zoning Ordinance - Temporary Membrane Structures PC report/recommendation: Lake access for parcels which are physically separated/applicable subdivision procedures Miscellaneous/Correspondence A. Minutes: Planning Commission -May 3 &. 17, 2004 B. FYI: Halstead Point sketch plan C. Notes: Hennepin County 15 project D. Correspondence: LMCD · E. LMC: Friday/Monday Fax F. Report: Finance Department - April 2004 G. FYI: Contribution of charitable gambling funds from Jaycees H. Report: 2004 Open Book Meeting I. Correspondence: Mediacom J. Correspondence: Westonka Healthy Community Collaborative K. Calendar: LMCC 1485-1507 1508-1532 1533-1551 1552-1557 1558-1561 1562-1570 1571-1580 1581-1582 1583-1597 1598-1604 1605-1607 1608 1609-1615 1616-1617 1618-1621 1622-1623 10. Adjourn This ts a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. agendas may be viewed at City Hall or at the City of 3dound web site: www. cityofmound, com. More current meeting COUNCIL BRIEFING May 25, 2004 Upcoming Events Schedule: Don't Forget!! May 22 - 10:00-2:00 - City Silent Auction of Surplus Goods - City Hall & Public Safety May 25 - '6r31J- HRA regular meeting May 25 - 7:30 - CC regular meeting June 5 - 3:00-12:00 - Mound Fire Department Fish Fry June 6 - DARE Open June 18- 8:00 a.m.- City Golf Outing Aug 21-22 - Mound Art in the Park Upcoming Absences Admin Offices Closed May 31 Memorial Day July 5 Independence Day Photo ID's Those whose photos need to be retaken should come a little past 7:00 p.m. to do that. Thank you for your cPatience. Silent Auction Consider coming to the City Silent Auction this Sat, 10:00 to 2:00. There is a huge inventory, including jewelry and watches. Could be fun and interesting! C MOUND CITY COUNCIL MINUTES MAY 10, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Monday, May 10, 2004, at 6:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Peter Meyer. Members Absent: Councilmember Bob Brown Others Present: City Manager Kandis Hanson, Finance Director Gino Businaro, Public Works Director Carlton Moore, Parks Superintendent Jim Fackler, Public Works Superintendent Greg Skinner, and Jim Prosser of Ehlers & Associates. 1. Open Meeting Mayor Meisel called the meeting to order at 6:45 p.m. 2. Preview by Jim Prosser of Ehlers & Associates and Kandis Hanson Kandis Hanson reviewed the space needs analysis, with the outstanding need being Public Works facilities. This meeting is for the Council to give direction regarding the proposed improvement of the Public Works facilities. Jim Prosser reviewed financing scenarios and options for the proposed improvement of the Public Works facilities, and recommended that a task force be used to implement public participation. After discussion it was decided to obtain First Right of Refusal for properties on Lynwood Boulevard, to the east of the existing Public Works Facility, as well as the properties to the north. 3. Tour of Parks Facility~ Including Island Park Hall At 7:30 p.m. the Council proceeded to tour the Parks Facilities 4. Additional Presentation and Discussion at City Hall It was the decision of the Council not to return to City Hall. 5. Adjourn Mayor Meisel adjourned the meeting at 8:30 p.m. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1425- MOUND CITY COUNCIL MINUTES MAY 11, 2OO4 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11,2004, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Liquor Store Manager John Colotti, Allison Fish, Melody Husted, Beatrice Amidon, Mark Lee, Pam Weatherhead, Danny Hill, Tom Stokes, Eva Hasch, James Holmbeck. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting and Pledge of Allegiance Mayor Meisel qalled the meeting to order at 7:30 p.m., and the Pledge of Allegiance was recited. 2. Approve Agenda Meisel requested the addition of 3K, setting special meeting and Hanus requested the removal of 3C for discussion. MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted in favor. Motion carried. Consent Agenda A. Approve minutes of April 26, 2004 joint Planning Commission/City Council meeting, April 27, 2004 regular meeting, and April 29, 2004 special meeting. B. Approve payment of bills in the amount of $345,149.17. C. (removed) D. Approvals for Mound Fire Department Fish Fry: (1) Public Dance Permit; (2) Temporary On-Sale 3.2 Malt Liquor Permit; and (3) Temporary Set-up License (Consumption & Display) E. Approve Partial Payment #5 to Environmental Associates in the amount of $121,724.83 for the Lost Lake Greenway Project F. RESOLUTION NO. 04-58: RESOLUTION PROCLAMING BUDDY POPPY DAY G. Approve Public Gathering Permit for Fishers of Men for picnic at Mound Bay Park on June 16, 2004, from 7:00 a.m. to 3:00 p.m. H. Approve Tree Removal License for Pro Tree Service of Little Falls, MN 1 - 1426- C Mound Council Minutes - May 11,2004 Planning Commission Recommendations: 1. RESOLUTION NO. 04.59: RESOLUTION APPROVING REAR YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF A PORCH ON THE RESIDENCE LOCATED AT 1749 BLUEBIRD LANE, LOTS 13 AND 14, BLOCK 9, DREAMWOOD. P&Z CASE #04-08. PID #13- 117-24-24-0005. 2. RESOLUTION NO. 04-60: RESOLUTION TO APPROVE A SIDE SETBACK VARIANCE TO ALLOW A TEN (10) INCH VARIANCE FOR A 2-CAR GARAGE ADDITION FOR THE PROPERTY LOCATED AT 4679 HAMPTON ROAD. P&Z CASE #04-10, PID #19- 117-23-33-0185. 3. RESOLUTION NO. 04-61: RESOLUTION TO APPROVE A LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT OF AN EXISTING DECK FOR THE PROPERTY LOCATED AT 4804- 4820 NORTHERN ROAD. P&Z CASE #04-11. PID #13-117-24-44- 0094. Waiver of Plattinq Request- 5853 Fairfield Road RESOLUTION NO. 04-62: RESOLUTION TO APPROVE REQUEST FROM VINCENT REIS FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE LOTS 3,4,5, & 6, BLOCK 9, MINNESOTA BAPTIST ASSEMBLY INTO TWO (2) LOTS. PID #23-117-24-42-0089. Set special meeting with the HRA and Mound Harbor Renaissance Development for May 18, 2004, at 6:30 p.m., for the purpose discussion/action on docks and/or dredging in the Lost Lake District. 3C. Ordinance Prohibitinq Fishinq at Certain Portions of the Lost Lake Channel Hanus had a question regarding the areas meant to be included in this no fishing regulation because some of the property included is not public land. Meisel also stated she had calls from residents in the neighborhood stating that they use private property for fishing. After discussion it was decided that the no fishing regulation was meant for the Lost Lake Greenway area, which is public property. John Dean asked for direction from Council as to what area they want included in the no fishing regulation. MOTION by Osmek, seconded by Brown to table this item until next week for clarification and designation of no fishing area. All voted in favor. Motion carried. 2 ' - 1427- Mound Council Minutes - May 11, 2004 4. Comments & Suqqestions from Citizens Present on any Item Not on the Aqenda - Danny Hill commented on a proposed new structure at 4625 Island View Drive and possible impacts this construction would have on their views. His concern is that the height of this proposed structure would decrease the value of their property. Sarah Smith will check the status of the permit and if it complies with code. James Holmbeck, 2222 Mill Pond Lane, appeared before the Council with reference to the Langdon Trails development. He stated the developer sheared the roots off of one of his trees, is removing 100-year fir trees. Meisel stated that the drainage issues have been addressed, but the developer has no right to damage others private property or trees. City staff will conduct an on-site meeting and get in contact with property owner and the project manager, Chuck Alcon. 5. Report on Harbor Wine & Spirits Gala Wine Tasting Benefit John Colotti presented an overview of the April 1st Gala Wine Tasting Event that was held at Burl Oaks Country Club. This was the first event of this type and plans are to have it a bi-annual event in the future. 6. Consideration / Action on Floodplain Alteration Permit - Mark & Becky Lee - 1975-1989 Lakeside Lane Sarah Smith explained that the applicant is proposing to place 30 cubic yard of fill within the floodplain on the lake side of the west lot, so as to eliminate a Iow spot that allows standing water in the Spring. She indicated that the Chair of the Planning Commission has determined that this application need not go before the Commission, and that a resolution has been prepared outlining the details associated with the application. Staff recommends approval. Hanus commented that the language in the resolution, l(a) states that the project shall be constructed according to the project plan that was approved by the City Council. He requests that wording be added to stress that this approval is not for any structures or buildings. Smith will add this wording. Tom Stokes of Brenshell Homes stated there is wide spread water in the area as it now lays. The alteration permit as submitted would rectify the current problem of standing water. Beatrice Amidon, 1909 Lakeside Lane, asked why the City didn't let the former owners fill in this lot. Smith explained that prior to 2002 permitting responsibilities for floodplain alteration were handled by the MCWD. She said that since the swamp was filled in next to her, she has had numerous water problems. She presented some pictures to the Council. She asked if she can submit a similar application and was referred to Smith for clarification. 3 - 1428- C~ Mound City Council Minutes - May 11,2004 Melody Hustad, 1968 Lakeside Lane, stated that she is the lowest point on the street and people behind and beside her drain towards the corner of her property. She wants a guarantee that she will not be flooded if this alteration permit is granted. Osmek stated that by the plan presented, the water should not drain back into any yards. It was noted that the proposed grading plan submitted with this application was reviewed by the City Engineer. MOTION by Osmek, seconded by Brown to adopt the following resolution, adding section l(f) to read: No further approval of any development plans and/or building permits is included as part of this action in the event the variance(s) application is approved. All voted in favor. Motion carried. RESOLUTION NO. 04-63: RESOLUTION APPROVING THE FLOODPLAIN ALTERATION AND EROSION PERMITS FOR THE PROPERTY LOCATED AT 1975- 1989 LAKESIDE LANE. 7. Proposed Amendment to the Zoning Ordinance - Temporary Membrane Structures Meisel stated that this item has been before the Council before. She has a problem with taking the time to inventory these temporary structures. Brown also indicated that the 180 day window is also hard to keep track of. Discussion took place as to the proposed provisions with regard to placement in residential vs. commercial districts. He recommended having the proposed ordinance limit these structures to one per property not to exceed 400 sq. ft, that it shall not be placed on public property, it must meet the hardcover regulations of 40%, and it must be adequately anchored and/or secured to the ground. Mayor Meisel opened the public hearing at 8:35 p.m. (continued from April 27, 2004). Beatrice Amidon, 1909 Lakeside Lane, commented that she thinks the people who live to the left side of her property have such a structure. John Dean commented that the removal of the (180) day limitation makes the "temporary" structures not subject to setback requirements which in essence makes the structures "permanent", and the setback requirements have also been taken out at this point. As the ordinance is proposed this permanent structure can go anywhere on the property. Mayor Meisel closed the public hearing at 8:45 p.m. Osmek stated that he understands Dean's concern, but if you make this type of structure conform to setbacks, you have a lot of residents that cannot have them on their lot. 4 - 1429- MOund City Council Minutes - May 11, 2004 Brown withdrew the second to the motion on the floor, stating that he feels that a structure of this type has to be conforming to setbacks. Osmek is not removing his motion and looking for a second. Motion failed for lack of a second. Hanus talked about the City's temporary structure at the Public Works Garage and he is unwilling to adopt a regulation which the City itself cannot abide by, because of not meeting setbacks, etc. Osmek suggested waiting two weeks to find out the status of this structure and if it would meet certain regulations. He asked if a (3) foot setback is acceptable to the rest of the Council and it appeared that it was. MOTION by Osmek, seconded by Brown to table action on the proposed ordinance until May 25th so the structure at Public Works can be assessed for compliance. All voted in favor. Motion carried. Meisel requested that the proposed new ordinance as discussed with suggested changes, be included in the next agenda packet. 8. Action on Labor Aoreement Between the City of Mound and Minnesota Teamsters Union, Local 320: Public Works Workers, January 1, 2004- December 3'1, 2005. MOTION by Brown, seconded by Hanus to accept and approve the Labor Agreement between the City of Mound and Minnesota Teamsters Union, Local 320: Public Works Workers, January 1, 2004 through December 31,2005, as presented. All voted in favor. Motion carried. Mayor Meisel announced that the Council would take a ten minutes break and then go into Executive Session to discuss the City Manager's Performance Evaluation. 9. Executive Session for City Manager's Performance Evaluation, with Action on Resolution Extending Contract and Setting Salary Upon returning from Executive Session at 9:33 p.m., Mayor Meisel reviewed the Performance Evaluation process. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-64: RESOLUTION AMENDING EMPLOYEE AGREEMENT BETWEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON 10. Miscellaneous/Correspondence A. Article: Six reasons why it's best to work through the manager B. Update: County Road 15 Reconstruction Project 5 - 1430- C C Mound City Council Minutes - May 11,2004 C. Letter to the Editor: Meyer said no to land deal - Discussion took place between Osmek and Meyer regarding a letter to the editor that was written by Meyer with reference to his vote on the request for release of public land abutting (3) properties on Denbigh Road, which was formerly reviewed by the Council in 2003. Hanus asked to make a statement to Meyer as follows: "1 been trying to take the high road on this thing and avoid getting into petty arguments in The Laker. I've endured week after week after week of character assassinations in The Laker by misinformed or un-informed people that are more interested in making a splash than dealing with the truth. Now I have a Councilmember who's been presented more than once with the whole truth. You do not have ignorance as an excuse this time. You chose to repeat only part of the truth in order to influence public opinion. This is shameful behavior by a public official and in itself is abuse of the public trust. You're damaging public opinion of me and the City Council and the City itself by telling only part of the story and you insist on doing it over and over and over. Rather than running to The Laker I'm confronting you directly tonight, something that I think should be done a little more often in Mound. The public is entitled to the whole truth and the public should not be manipulated by filtering information such as you're doing. People who live in glass houses should not throw stones. You, Councilman Meyer, have threatened businesses if they don't follow your political agenda. You have argued against giving the public important financial information on the purchase of land for public purposes because it might not yield the result you want. You have created, and then hidden behind illegal political campaigns to affect the outcome of elections in Mound. All of these things you have done, Mr. Public Trust, Mr. Open and Honest Government. I wrote a letter to the City, inquiring if they might be interested in selling a small unbuildable piece of tax forfeit property. I did it in the open, I did it above board, I did it in the public eye in front of three City commissions, all city department heads and the City Council. I was the one who authorized the notification of the renewed status of the case to the only person that was in opposition to it. How open do I have to be? How open do I have to be? And for this you levy a charge that I have abused the public trust. If you have any integrity or if you have any sense of right and wrong, you should be ashamed of yourself. I don't care about myself, but you owe the public an apology here tonight and in The Laker." D. Report: Harbor Wine & Spirits- April 2004 E. LMC: Friday Fax F. Correspondence: LMCD 11. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 9:54 p.m. All voted in favor. Motion carried. 6 -1431 - Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7 - 1432- MOUND CITY COUNCIL AND HRA MINUTES MAY '18, 2004 C C The City Council and Housin9 and Redevelopment Authority of and for the City of Mound, Minnesota, met in special session on Tuesday, May 18, 2004, at 6:30 p.m. in the council chambers of city hall. Members Present: Councilmembers/Commissioners Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Members Absent: Mayor/Chairperson Pat Meisel Others Present: City Attorney John Dean, City Manager Kandis Hanson, Parks/Docks Superintendent Jim Fackler, City Planner Bruce Chamberlain, Community Development Director Sarah Smith, Peter Pflaum, Walter Rockenstein, Dave Newman, Jerry Paqnir, Chuck Alcon. 1. Open Meeting Acting MayodChair Mark Hanus called the meeting to order at 6:45 p.m. 2. Discussion with Mound Harbor Renaissance Development Re.qardinR Proposed Dockage at Lost Lake District Discussion took place between City staff, City Council, and members of Mound Harbor Renaissance Development, LLC, regarding the need for a dock license for each townhome being proposed in the Lost Lake District. MOTION by Brown, seconded by Osmek to approve the following requests made by MHRD, LLC: 1) Authorize the City Staff to contact the LMCD regarding boat dimension limits which will be in effect for the Lost Lake Townhome docks, to determine the sizing of the docks and the dredge area. 2) Authorize the City Staff to apply for licenses from the LMCD for 40 additional docks, with overnight mooring, for each of the 38 Lost Lake Townhome owners plus two guest slips, consistent with the dimension data determined in paragraph (1) above. 3) Authorize the City Staff to make the appropriate applications to the various agencies, including the MCWD, for a dredging permit to dredge an area from Lost Lake, adjacent to the townhome site, to support the boat dimensions and boat navigability requirements, determined from paragraph (1) above; applications are to include the required mitigation plans, improved storm sewer water quality from downtown Mound, and other supporting data as may be required. - 1433- Mound City Council and HRA Minutes - May 18, 2004 Assumptions for the requested actions above: 1) All costs for the applications, licensing actions, dredging and dock construction will be the responsibility of MHRD. 2) New BSU's will be created to support the request for 40 docks. 3) The Common Dock Program will not be impacted nor will existing program licensees. 4) The dredge project will be a City Project, the docks will be constructed by MHRD and accepted by the City as in a utility acceptance. The following voted in the affirmative to the above motion: Hanus, Brown and Osmek. The following voted in the negative: Meyer. Motion carried. 3. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 7:20 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1434- MAY 25~ 2004 CITY COUNCIL MEETING C 051204SU E $9,647.88 MAY 051304SU E $4,225.15 MAY 051904SU E $11,583.78 MAY 052504SUE $243,850.51 MAY 053104CRCARD $3,348.24 MAY TOTAL $272,655.56 -1435- CiTY OF MOUND City of Mound Payments 05/11/04 11:42 AM Page 1 Current Period: May 2004 Batch Name 051204SUE User Dollar Amt $9,647.88 Payments Computer Dollar Amt $9,647.88 $0.00 In Balance Refer 51204 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-41910-321 Telephone & Cells 03-04 472-0600 $1,138.52 Invoice 051204 5/12/2004 Cash Payment E 101-42110-321 Telephone & Cells 03-04 472-0622 $474.38 Invoice 051204 5/12/2004 Cash Payment E 222-42260-321 Telephone & Cells 03-04 472-3555 $284.63 Invoice 051204 5/12/2004 Cash Payment E 101-43100-321 Telephone & Cells 04-04 472-0635 $367.60 Invoice 051204 5/12/2004 Cash Payment E 601-49400-321 Telephone & Cells 04-04 472-0635 $367.60 Invoice 051204 5/12/2004 Cash Payment E 602-49450-321 Telephone & Cells 04-04 472-0635 $367.80 Invoice 051204 5/12/2004 Transaction Date 5/5/2004 Wells Fargo 10100 Total $3,000.53 Refer 52304 MOUND POST OFFICE Cash Payment E 101-41110-322 Postage SUMMER NEWSLETTER POSTAGE $710.76 Invoice 051204 5/12/2004 ~'ransaction Date 5111/2004 Wells Fargo 10100 Total $710.76 Refer 51204 TRUE VALUE, MOUND Cash Payment E 222-42260-210 Operating Supplies 04-04 MISCELLANEOUS SUPPLIES $246.45 Invoice 051204 5/12/2004 Transaction Date 5/6/2004 Wells Fargo 10100 Total $246.45 Refer 51204 XCEL ENERGY Cash Payment E 101-41910-381 Electdc Utilities 03-04#2245-301-939 $722.51 Invoice 051204 5/12/2004 Cash Payment E 101-42115-381 Electdc Utilities 03-04 #0466-607-223 $21.99 Invoice 051204 5/12/2004 Cash Payment E 601-49400-381 Electdc Utilities 03-04 ~0217-606-329 $2,565.59 Invoice 051204 5/12/2004 Cash Payment E 101-45200-381 Electric Utilities 03-04 #0047-005-229 $173.50 Invoice 051204 5/12/2004 Cash Payment E 101-43100-381 Electdc Utilities 03-04 #0864-508-832 $110.11 Invoice 051204 5/12/2004 Cash Payment E 601-49400-381 Electdc Utilities 03-04 ~)864-508-832 $110.11 Invoice 051204 5/12/2004 Cash Payment E 602-49450-381 Electdc Utilities 03-04 #0864-508-832 $110.11 Invoice 051204 5/12/2004 Cash Payment E 602-49450-381 Electdc Utilities 03-04 #0018-802-634 $1,539.15 Invoice 051204 5/12/2004 Cash Payment E 101-43100-381 Electdc Utilities 03-04#0009-604-835 $337.07 Invoice 051204 5/12/2004 Transaction Date 5/4/2004 Wells Fargo 10100 Total $5.690.14 - 1436- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND City of Mound 05/41/0411:42 AM Page 2 Payments Current Period: May 2004 10100 Wells Fargo $4,056.44 $531.08 $3,043.30 $2,017.06 $9,647.88 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $9,647.88 $9,647.88 C - 1437- CITY OF MOUND Batch Name 051304SUE Payments City of Mound 05/13/04 9:47 AM Page 1 Payments User Dollar Amt $4,225.15 Computer Dollar Amt $4,225.15 Refer 51904 FRONTIER/CITIZENS COMMUNICA E 609-49750-321 Telephone & Cells 5/19/2004 5/11/2004 Cash Payment Invoice 051904 Transaction Date $0.00 In Balance 04-04 472-0648 $$19.71 Wells Fargo 10100 Total $619.71 Refer 51304 LUEDKE, JULIE M. Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE $283.36 Invoice 051304 5/13/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $283.35 Refer 51904 PETTY CASH Cash Payment G 101-22908 Mound Harbor Renaissance PARKING, MOORE $4.75 Invoice 051904 5/19/2004 Cash Payment E 101-41500-322 Postage POSTAGE $0.23 Invoice 051904 5/19/2004 Cash Payment E 401-46377-300 Professional Srvs PARKING,MOORE $12.00 Invoice 051904 5/19/2004 Cash Payment E 401-46377-300 Professional Srvs PARKING,MOORE $15.00 Invoice 051904 5/19/2004 Cash Payment E 101-43100-434 Conference & Training REGISTRATION,WIDMER $32.00 Invoice 051904 5/19/2004 Cash Payment R 101-39210 Duplicating Service Charge POSTAGE $20.14 Invoice 051904 5/19/2004 Cash Payment E 101-41310-434 Conference & Training TRAINING,MEALS $15.00 Invoice 051904 5/19/2004 Cash Payment E 101-43100-438 Licenses and Taxes LICENSE TABS $1.00 Invoice 051904 5/19/2004 Cash Payment E 601-49400-438 Licenses and Taxes LICENSE TABS $1.00 Invoice 051904 5/19/2004 Cash Payment E 602-49450-438 Licenses and Taxes LICENSE TABS $1.00 Invoice 051904 5/19/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $102.12 Refer 51904 SPEEDWAY SUPERAMERICA (POL Cash Payment E 101-42110-212 Motor Fuels THRU 04-26-04 GASOLINE CHARGES $1,862.10 Invoice 051904 5/19/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,862.10 Refer 51904 XCEL ENERGY Cash Payment E 222-42260-381 Electric Utilities 04-04 ELECTRICITY $814.72 Invoice 051904 5/19/2004 Cash Payment E 101-42110-381 Electric Utilities 04-04 ELECTRICITY $543.14 Invoice 051904 5/19/2004 Transaction Date 5/6/2004 Wells Fargo 10100 Total $1,357.86 - 1 438- CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 401 GENERAL CAPITAL PROJECTS 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound 05/13/04 9:47 AM Page 2 Payments Current Period: May 2004 10100 Wells Fargo $2,761.72 $814.72 $27.00 $1,oo $1.oo $619.71 $4,225.15 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $4,225.15 $4,225.15 C C - 1439- CITY OF MOUND Batch Name 051904SUE Payments Refer 51904 MOUND POST OFFICE Cash Payment Invoice 051904 Cash Payment Invoice 051904 Transaction Date E 601-49400-322 Postage 5/19/2004 E 602-49450-322 Postage 5/19/2004 5/18/2004 City of Mound 05/18/04 1:00 PM Page 1 Payments Current Period: May 2004 ~,~,~ User Dollar Amt $11,583.78 Computer Dollar Amt $11,583.78 $0.00 In Balance UTILITY BILLING POSTAGE $130.87 UTILITY BILLING POSTAGE $130.86 Wells Fargo 10100 Total $261.73 Refer 51904 VERIZON WIRELESS (FIRE~FIN) Cash Payment E 101-41500-321 Telephone & Cells $8.49 Invoice 051904 5/19/2004 Cash Payment E 222-42260-321 Telephone & Cells $8.49 Invoice 051904 5/19/2004 Cash Payment E 101-41910-321 Telephone & Cells $52.15 Invoice 051904 5/19/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $69.13 Refer 51904 XCEL ENERGY Cash Payment E 101-41910-381 Electdc Utilities 04-04#2245-301-939 $1,504.96 Invoice 051904-B 5/19/2004 Cash Payment E 101-43100-381 Electric Utilities Invoice 051904-B 5/19/2004 Cash Payment E 601-49400-381 Electric Utilities Invoice 051904-B 5/19/2004 Cash Payment E 602-49450-381 Electric Utilities Invoice 051904-B 5/19/2004 Cash Payment E 101-43100-381 Electric Utilities Invoice 051904-B 5/19/2004 Cash Payment E 601-49400-381 Electric Utilities Invoice 051904-B 5/19/2004 Cash Payment E 101-42115-381 Electdc Utilities Invoice 051904-B 5/19/2004 Cash Payment E 101-45200-381 Electdc Utilities Invoice 051904-B 5/19/2004 Cash Payment E 602-49450-381 Electdc Utilities Invoice 051904-B 5/19/2004 Transaction Date 5/18~2004 05-04-04 THRU 06-03-04 296-9058 05-04-04 THRU 06-03-04 751-3573 05-04-04 THRU 06-03-04 240-5244 Total $213.45 $213.45 $213.44 $699.41 $4,935.71 $43.98 $334.45 $3,094.07 $11,252.92 04-04 #0864-508-832 04-04 #0864-508-832 04-04 #0864-508-832 04-04 ~0009-604-835 04-04 ~)217-606-329 04-04 ~O466-607-223 04-04 ~)047-005-229 04-04 #0018-802-634 Wells Fargo 10100 - 1440- CITY OF MOUND Fund gummary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 602 SEWER FUND City of Mound 05/18/041:00 PM Page 2 Payments Current Period: May 2004 10100 Wells Fargo $2,856.89 $8.49 $5,280.03 $3,438.37 $11,583.78 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $11,583.78 $11,583.78 C -1441 - CITY OF MOUND Batch Name 052504SUE Payments City of Mound 05/19/04 1:43 PM Page 1 Payments Current Period: May 2004 User Dollar Amt $266,003.90 Computer Doflar Amt $268,003.90 $0.00 In Balance Refer 52504 ALCOHOL AND TOBACCO TAX/TR Cash Payment E 609-49750-438 Licenses and Taxes Invoice 41-6005396 5/25/2004 Transaction Date 5/17/2004 07-01-04 THRU 06-30-05 LICENSE $250.00 Wells Fargo 10100 Total $250.00 Refer 52504 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609-49750-255 Misc Merchandise For R ICE $95.76 Invoice 463413217 5/11/2004 Cash Payment E 609-49750-255 Misc Merchandise For R ICE $89.70 Invoice 463413908 5/11/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $185.46 Refer 52504 BELLBOY CORPORATION Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,393.70 Invoice 29453700 5/10/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-FREIGHT -$11.00 Invoice 29427100 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $120.96 Invoice 29401300 5/7/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $423.60 Invoice 29444600 5/7/2004 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $53.25 Invoice 38373000 5/7/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $342.00 Invoice 29473200 5/10/2004 Cash Payment E 609-49750-255 Misc Merchandise For R MERCHANDISE $93.04 Invoice 38397400 5/10/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,923.70 Invoice 29510700 5/10/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $4,339,25 Refer 52504 BFI OF MINNESOTA, INC. Cash Payment E 222-42260-384 Refuse/Garbage Dispos 04-04 GARBAGE SERVICE $54.38 Invoice 052504 4/30/2004 Cash Payment E 222-42260-384 Refuse/Garbage Dispos 05-04 GARBAGE SERVICE $69.68 Invoice 052504 4/30/2004 Cash Payment E 101-42110-384 Refuse/Garbage Dispos 05-04 GARBAGE SERVICE $69,68 Invoice 052504 4/30/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $193.74 Refer 52504 Cash Payment Invoice 052504 Cash Payment Invoice 052504 Cash Payment Invoice 052504 BRISTOL, BRAD R 101-32230 Plumbing Connection Permit REFUND METER APPLICATION $15.00 5/25/2004 R 601-37144 Sales of Meters & Reader REFUND METER APPLICATION $100.00 5/25/2004 G 101-20800 Due to Other Govemments REFUND METER APPLICATION $0.50 5/25/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $115.50 - 1442- nvoice 052504 X,...,..j 'l'ransaction Date CITY OF MOUND City of Mound Payments Current Period: May 2004 05/19/04 1:43 PM Page 2 WINE Wells Fargo 03-18-04 THRU 04-19-04 #543-000-053-000 03-18-04 THRU 04-19-04 #543-001-095-800 03-18-04 THRU 04-19-04 #543-001-853-000 03-18-04 THRU 04-19-04 #543-001-972-603 03-18-04 THRU 04-19-04 #543-001-972-603 03-18-04 THRU 04-19-04 #543-001-972-603 03-18-04 THRU 04-19-04 #543-004-818-801 Refer 52504 BURKE, JAMI Cash Payment E 101-42110-431 Meeting Expense REIMBURSE MEAL $20.00 Invoice 052504 5/25/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $20.00 Refer 52504 CARQUEST OF NAVARRE Cash Payment E 602-49450-404 Repairs/Maint Machinery FILTERS,ETC $37.43 Invoice N32281 5/13/2004 PO 18309 Cash Payment E 602-49450-220 Repair/Maint Supply AIR FILTERS $45.11 Invoice N32083 5/13/2004 Cash Payment E 101-43100-220 Repair/Maint Supply OIL FILTERS $8.23 Invoice N32269 5/13/2004 Cash Payment E 601.49400-220 RepaidMaint Supply OIL FILTERS $8.23 Invoice N32269 5/13/2004 Cash Payment E 602-49450-220 RepaidMaint Supply OIL FILTERS $8.24 Invoice N32269 5/13/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $107.24 Refer 52504 CA T AND FIDDLE BEVERAGE Cash Payment E 609-49750-253 Wine For Resale $234.00 Invoice 38764 5/5/2004 Transaction Date 5/11/2004 10100 Total $234.00 Refer 52504 CENTERPOINT ENERGY (MINNEG Cash Payment E 101-45200-383 Gas Utilities $141.45 Invoice 052504 5/25/2004 Cash Payment E 101.45200-383 Gas Utilities $288.26 Invoice 052504 5/25/2004 Cash Payment E 101-41910-383 Gas Utilities $534.75 Invoice 052504 5/25/2004 Cash Payment E 101.43100-383 Gas Utilities $153.60 Invoice 052504 5/25/2004 Cash Payment E 601-49400-383 Gas Utilities' $87.28 Invoice 052504 5/25/2004 Cash Payment E 602-49450-383 Gas Utilities $108.22 Invoice 052504 5/25/2004 Cash Payment E 609-49750-383 Gas Utilities $135.24 Invoice 052504 5/25/2004 TranSaction Date 5/11/2004 Wells Fargo 10100 Total $1,448.80 Refer 52504 CHAMPION AUTO Cash Payment E 101-43100-220 RepaidMaint Supply 1/4 BALL $19.16 Invoice D257959 5/13/2004 Cash Payment E 101-45200-404 Repairs/Maint Machinery U-BOLT $36.28 Invoice D257922 5/13/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $55.44 Refer 52504 CITGO GASOLINE COMPANY Cash Payment E 101-43100-212 Motor Fuels GASOLINE CHARGES $85.51 5/25/2004 5/11/2004 Wells Fargo 10100 Total $85.51 - 1443 - CITY OF MOUND City of Mound Payments 05/19/04 1:43 PM Page 3 Current Period: May 2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $276.80 Invoice 81347058 5/13/2004 Transaction Date 5/1712004 Wells Fargo 10100 Total $276.80 Refer 52504 COMPUTER CHEQUE Cash Payment E 609-49750-400 Repairs & Maint Contract 04-04 CHECK VERIFICATION $54.50 Invoice 10685030404 5/1/2004 Transaction Date 5/1812004 Wells Fargo 10100 Total $54.50 Refer 52504 CONCEPT LANDSCAPING Cash Payment E 401-43110-500 Capital Outlay (GENERA RETAINING WALLS $18,956.00 Invoice 1726 4/21/2004 PO 18382 Transaction Date 5/19/2004 Wells Fargo 10100 Total $18,956.00 Refer 52504 CONSTRUCTION BULLETIN Cash Payment E 401-43104-300 Professional Srvs 03-15-04 LEGALADS $129.88 Invoice 2540622 5/14/2005 Transaction Date 5/17/2004 Wells Fargo 10100 Total $129.88 Refer 52504 COPY IMAGES, INCORPORATED Cash Payment E 101-41910-400 Repairs & Maint Contract 04-04 COPY MAINTENANCE $340.80 Invoice 47628 5/7/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $340.80 Refer 52504 CRETE WORKS, INCORPORATED Cash Payment E 601-49400-440 Other Contractual Servic SIDEWALK & CURB WORK $10,248.00 Invoice 052504 5/11/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $10,248.00 Refer 52504 DAVIES WATER EQUIPMENT Cash Payment E 601-49400-220 Repair/Maint Supply METERS $1,001.66 Invoice 3223154 4/29/2004 PO 18304 Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,001.66 Refer 52504 DA VIS AND STANTON Cash Payment E 101-42110-431 Meeting Expense COMMENDATION BARS $492.00 Invoice 07375 4/13/2004 PO 18348 Transaction Date 5/18/2004 Wells Fargo 10100 Total $492.00 Refer 52504 DA Y DISTRIBUTING COMPANY Cash Payment E 609-49750-252 Beer For Resale BEER $1,667.10 Invoice 264191 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $16.90 Invoice 264192 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale CREDIT-BEER -$46.48 Invoice 40866 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $2,348.80 invoice 265134 5/11/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $16.90 Invoice 265140 5/11/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $4,003.22 Refer 52504 DEL PLACEMENT AGENCY, INCOR Cash Payment E 609-49750-340 Advertising 04-24-04 WINE POURING $100.00 Invoice 5002 5/11/2004 -- - 1444- CITY OF MOUND City of Mound 05/19/041:43 PM Page 4 Payments Transaction Date 5/17/2004 Wells Fargo 10100 Refer 52504 DOCKMASTERS OF LAKE MINNET E 281-45210-440 Other Contractual Servic DOCK SECTIONS 5/4/2005 E 281-45210-220 Repair/Maint Supply DOCK SECTIONS 5/4/2005 5/18/2004 Wells Fargo Current Period: May 2004 Total $100.00 $3,082.00 $753.01 Cash Payment Invoice 200629 Cash Payment Invoice 200629 Transaction Date 10100 Total $3,835.01 Refer 52504 DYNAMEX DELIVERS NOW Cash Payment E 401-46377-300 Professional Srvs DELIVERIES $89.14 Invoice 1007170 5/6/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $89.14 Refer 52504 EAST SIDE BEVERAGE Cash Payment E 609-49750-252 Beer For Resale BEER $3,815.95 Invoice 222706 5/10/2004 Cash Payment E 609-49750-253 Wine For Resale BEER $2,770.60 Invoice 222810 5/10/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $6,586.55 Refer 52504 EMERGENCY APPARA TUS MAINT Cash Payment E 222-42260-409 Other Equipment Repair TANKER 11 REPAIRS $479.00 Invoice 18092 5/6/2004 ~,...~"Transaction Date 5/19/2004 Wells Fargo 10100 Total $479.00 Refer 52504 EVERGREEN LAND SERVICES Cash Payment G 101-22989 MHR Spot Appraisals MHR SPOT APPRAISALS $375.00 Invoice 00-6283 5/4/2003 Transaction Date 5/11/2004 Wells Fargo 10100 Total $375.00 Refer 52504 FINE WINES FROM EURPOE Cash Payment E 609-49750-253 Wine For Resale WINE $631.25 Invoice 11517 5/3/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $631.25 Refer 52504 FRONTIER/CITIZENS COMMUNICA Cash Payment E 101-42400-321 Telephone & Cells 05-04 472-0646 $19,58 Invoice 052504 5/25/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $19.58 Refer 52504 FRONTLINE PLUS FIRE AND RESC Cash Payment E 222-42260-210 Operating Supplies WHELEN LIGHTS $374.88 Invoice 9061 5/4/2004 PO 18073 Transaction Date 5/19/2004 Wells Fargo 10100 Total $374.88 Refer 52504 G & K SERVICES Cash Payment E 101-43100-218 Clothing and Uniforms Invoice 6897955 4/20/2004 Cash Payment E 601-49400-218 Clothing and Uniforms Invoice 6897955 4/20/2004 CCash Payment E 602-49450-218 Clothing and Uniforms invoice 6897955 4/20/2004 Cash Payment E 101-43100-230 Shop Materials Invoice 6897955 4/20/2004 04-20-04 UNIFORMS $30.23 04-20-04 UNIFORMS $30.23 04-20-04 UNIFORMS $30.22 04-20-04 MATS $24.13 - 1445- City of Mound 05/19/04 1:43 PM ~Jf~'~ Page5 Payments / CITY OF MOUND Current Period: May 2004 Cash Payment E 601-49400-230 Shop Materials 04-20-04 MATS $24.13 Invoice 6897955 4/20/2004 Cash Payment E 602-49450-230 Shop Materials 04-20-04 MATS $24.13 Invoice 6897955 4/20/2004 Cash Payment E 101-45200-223 Building Repair Supplies 04-27-04 MATS $52.39 Invoice 6104581 4/20/2004 Cash Payment E 101-41910-460 JanitoriaIServices 04-27-04 MATS $97.01 Invoice 6104582 4/20/2004 Cash Payment E 609-49750-460 Janitorial Services 04-27-04 MATS $28.30 Invoice 6104579 4/20/2004 Cash Payment E 101-42110-460 Janitorial Services 04-27-04 MATS $38.55 Invoice 6104570 4/20/2004 Cash Payment E 222-42260-216 Cleaning Supplies 04-27-04 MATS $67,56 Invoice 6104569 4/20/2004 Cash Payment E 101-43100-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.37 Invoice 6104580 4/20/2004 Cash Payment E 601-49400-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.37 Invoice 610480 4/20/2004 Cash Payment E 602-49450-218 Clothing and Uniforms 04-17-04 UNIFORMS $36.38 Invoice 610580 4/20/2004 Cash Payment E 101-43100-230 Shop Materials 04-17-04 MATS $23,15 Invoice 6104580 4/20/2004 Cash Payment E 601-49400-230 Shop Materials 04-17-04 MATS $23.15 Invoice 6104580 4/20/2004 Cash Payment E 602-49450-230 Shop Materials 04-17-04 MATS $23.15 Invoice 6104580 4/20/2004 Cash Payment E 101-45200-223 Building Repair Supplies 05-11-04 MATS $114.01 Invoice 6117618 4/20/2004 Cash Payment E 101-41910-460 Janitorial Services 05-11-04 MATS $75.03 Invoice 6117619 4/20/2004 Cash Payment E 609-49750-460 Janitorial Services 05-11-04 MATS $39,14 invoice 6117616 4/20/2004 Cash Payment E 101-42110-460 Janitorial Services 05-11-04 MATS $38,55 Invoice 6117607 4/20/2004 Cash Payment E 101-43100-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92 Invoice 6111123 4/20/2004 Cash Payment E 601-49400-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92 Invoice 6111123 4/20/2004 Cash Payment E 602-49450-218 Clothing and Uniforms 05-04-04 UNIFORMS $26.92 Invoice 6111123 4/20/2004 Cash Payment E 101-43100-230 Shop Materials 05-04-04 MATS $26.75 Invoice 6111123 4/20/2004 Cash Payment E 601-49400-230 Shop Materials 05-04-04 MATS $26.75 Invoice 6111123 4/20/2004 Cash Payment E 602-49450-230 Shop Materials 05-04-04 MATS $26.75 Invoice 6111123 4/20/2004 Cash Payment E 101-43100-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81 Invoice 6117617 4/20/2004 Cash Payment E 601-49400-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81 Invoice 6117617 4/20/2004 - 1446- C CITY OF MOUND City of Mound 05/19/04 1:43 PM Page 6 Payments Current Period: May 2004 Cash Payment E 602-49450-218 Clothing and Uniforms 05-11-04 UNIFORMS $31.81 Invoice 6117617 4/20/2004 Cash Payment E 101-43100-230 Shop Materials 05-11-04 MATS $24.03 Invoice 6117617 4/20/2004 Cash Payment E 601-49400-230 Shop Materials 05-11-04 MATS $24.03 Invoice 6117617 4/20/2004 Cash Payment E 602-49450-230 Shop Materials 05-11-04 MATS $24.03 Invoice 6117617 4/20/2004 Cash Payment E 222-42260-210 Operating Supplies 05-11-04 MATS $94.06 Invoice 6117606 4/20/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $1,314.77 Refer 52504 GAMETIME Cash Payment E 101-45200-221 Equipment Parts SLIDE SECTION $870.93 Invoice 702564 5/7/2004 PO 18203 Transaction Date 5/18/2004 Wells Fargo 10100 Total $870.93 Refer 52504 GARY'S DIESEL SERVICE Cash Payment E 101-43100-404 Repairs/Maint Machinery REPAIR CLUTCH $1,242.17 Invoice 63235 4/8/2004 Cash Payment E 101-43100-404 Repairs/Maint Machinery ADJUST CLUTH $245.84 Invoice 63156 4/8/2004 ' Transaction Date 5/17/2004 Wells Fargo 10100 Total $1,488.01 Cash Payment E 609-49750-253 Wine For Resale WINE $582.12 Invoice 884783 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $625.13 Invoice 884784 5/5/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,955.91 Invoice 887986 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $485.50 Invoice 887987 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $157.15 Invoice 887988 5~5~2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $5,805.81 Refer 52504 HANSSEN, LEANN Cash Payment G 101-22858 5200 Waterbury Road, Beyre CLOSE ESCROW $382.30 Invoice 052504 5/25/2004 Transaction Date 5/14/2004 Wells Fargo 10100 Total $382.30 Refer 52504 HATCH, JIM SALES COMPAY Cash Payment E 101-43100-404 Repairs/Maint Machinery ROLLER LIGHTS $202.46 Invoice 5904 5/4/2004 PQ 18291 Transaction Date 5/11/2004 Wells Fargo 10100 Total $202.46 Refer 52504 HAWKINS, INCORPORATED Cash Payment E 601-49400-227 Chemicals CONTAINERS (6) $30.00 Invoice DM102652 4/30/2004 C ~-ransaction Date 5/17/2004 Wells Fargo 10100 Total $30.00 Refer 52504 HECKSEL MACHINE SHOP - 1447- City of Mound 05/19/041:43 PM //.~"~'~'"" Page 7 ~ Payments CITY OF MOUND Current Period: May 2004 Cash Payment E 101-43100-404 Repairs/Maint Machinery HOSE FOR SWEEPER $34.51 Invoice 50558 4/5/2004 Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARKS $58.96 Invoice 50564 4/5/2004 Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARKS $25.00 Invoice 50559 4/5/2004 Cash Payment E 101-45200-404 Repairs/Maint Machinery 4" PIPE $61.34 Invoice 50560 4/5/2004 Cash Payment E 101-43100-221 Equipment Parts TRAILER HITCH $8.38 Invoice 50558 4/5/2004 Cash Payment E 601-49400-221 Equipment Parts TRAILER HITCH $8.38 Invoice 50558 4/5/2004 Cash Payment E 602-49450-221 Equipment Parts TRAILER HITCH $8.37 Invoice 50558 4/5/2004 Cash Payment E 101-45200-404 Repairs/Maint Machinery SKATE BOARD PARK $6.39 Invoice 50561 4/5/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $211.33 Refer 52504 HENNEPIN COUNTY INFORMATIO Cash Payment E 101-42110-418 Other Rentals 04-04 RADIO LEASE $1,323.44 Invoice 24048024 4/30/2004 Cash Payment E 222-42260-418 Other Rentals 04-04 RADIO LEASE $1,002.96 Invoice 24048023 4/30/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $2,326.40 Refer 52504 HENNEPIN COUNTY MEDICAL CE Cash Payment E 101-42110-434 Conference & Training EMT COURSE,MURRAY $264.00 Invoice 10781 5/3/2004 PO 18360 Transaction Date 5/18/2004 Wells Fargo 10100 Total $264.00 Refer 52504 HOHENSTEINS, INCORPORATED Cash Payment E 609-49750-252 Beer For Resale BEER $199.00 Invoice 331367 5/17/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $199.00 Refer 52504 HOISINGTON KOEGLER GROUP, I Cash Payment E 401-46540-300 Professional Srvs 04-04 LOST LAKE GREENWAY $6,396.76 Invoice 051104-A 5/11/2004 Cash Payment E 401-46377-300 Professional Srvs 04-04 CTY RD 15 STREETSCAPE $4,332.93 Invoice 051104-B 5/11/2004 Cash Payment E 101-42400-300 Professional Srvs 04-04 MISC PLANNING $1,401.25 Invoice 051104-C 5/11/2004 Cash Payment G 101-22978 4520 Denbigh #04-03 Olson, 04-04 4520 DENBIGH RD, OLSON $85.00 Invoice 051104-D1 5/11/2004 Cash Payment G 101-22983 1749 Bluebird Ln #04-08 Hen 04-04 1749 BLUEBIRD LANE VARIANCE $170.00 Invoice 051104-D2 5/11/2004 Cash Payment G 101-22984 1717 Finch Ln #04-09 Bowm 04-04 1717 FINCH LANE VARIANCE $212.50 Invoice 051104-D3 5/11/2004 Cash Payment E 455-46377-300 Professional Srvs 04-04 MOUND VISIONS $8,943.23 Invoice 051104-E 5/11/2004 Cash Payment E 455-46377-300 Professional Srvs 04-04 TIF RELATED WORK . $725.00 Invoice 051104-F 5/11/2004 - 1448- City of Mound 05/19/04 1:43 PM ///' ~ Page 8 ~ ,~ Payments CITY OF MOUND Current Period: May 2004 Cash Payment G 101-22994 MHR Alternative Urban Area 04-04 AUAR $170.00 Invoice 051104-G 5/11/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $22,436.67 Refer 52504 JAKUBIK, MATTHEW Cash Payment E 222-42260-210 Operating Supplies REIMBURSE TRAILER ITEMS $197.92 Invoice 052504 5/25/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $197.92 Refer 52504 JESSEN PRESS INCORPORATED Cash Payment E 101-41110-300 Professional Srvs SUMMER 2004 NEWSLETTERS - $1,516.56 Invoice 49294 5/11/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,516.56 Refer 52504 JOHNSON BROTHERS LIQUOR Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$11.96 Invoice 249318 4/21/2004 Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$7.61 Invoice 249119 4/20/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,294.50 Invoice 1718978 4/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $363.85 ~-.,51nvoice 1718979 4/21/2004 .7,as h Payment ~,,..~, E 609-49750-253 Wine For Resale WINE $182.00 Invoice 1718980 4/21/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $449.26 Invoice 1718981 4/21/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $484.96 Invoice 1722342 4/21/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $223.34 Invoice 1722343 4/21/2004 Cash Payment E 609.49750-253 Wine For Resale WINE $145.45 Invoice 1722344 4/21/2004 Cash Payment E 609.49750-251 Liquor For Resale LIQUOR $407.85 Invoice 1722704 4/21/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $4,531.64 Refer ~2~ ~U~Ii_~E~oDs Cash Payment E 670-49500.460 Janitorial Services 05-15-04 CLEAN UP DAY $36,99 Invoice 052504 5/14/2004 Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $20.35 Invoice 052504 5/14/2004 Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $36.93 Invoice 052504 5/14/2004 Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $3.69 Invoice 052504 5/14/2004 Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $33.24 Invoice 052504 5/14/2004 ~,,-%'[ransaction Date 5/17/2004 , Wells Fargo 10100 Total $131 20 ~..~..~,P, efer 52504 LAFORTUNE, RENE Cash Payment R 101-34110 Depot Rental REFUND DEPOT FEE $75.00 Invoice 052504 5/25/2004 - 1449 - CiTY OF MOUND Transaction Date 5/17/2004 City of Mound 05/19/041:43 PM Page 9 Payments Current Period: May 2004 Wells Fargo 10100 Total $75.00 Refer 52504 LAKER NEWSPAPER Cash Payment E 601-49400-381 Electric Utilities DRINKING WATER REPORT $304.47 Invoice 115 5/8/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $304.47 Refer 52504 LANO EQUIPMENT, INCORPORAT Cash Payment E 101-45200-500 Capital Outlay (GENERA RUBBER TRACKS,TIRES,WHEELS $9,052.50 Invoice 6189 2/20/2004 PO 18187 Transaction Date 5/13/2004 Wells Fargo 10100 Total $9,052.50 Refer 52504 LAWSON PRODUCTS,/NC Cash Payment E 101-43100-230 Shop Materials DUCTTAPE $26.99 Invoice 2017829 5/11/2004 Cash Payment E 601-49400-230 Shop Materials DUCT TAPE $26.99 Invoice 2017829 5/11/2004 Cash Payment E 602-49450-230 Shop Materials DUCT TAPE $26.98 Invoice 2017829 5/11/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $80.96 Refer 52504 MADDEN, FRANK AND ASSOCIA T Cash Payment E 101-49999-300 Professional Srvs 04-04 PROFESSIONAL SERVICES $1,164.80 Invoice 052504 5/1/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $1,164.80 Refer 52504 MAPLE PLAIN AUTO BODY Cash Payment E 601-49400-404 Repairs/Maint Machinery SANDBLAST COAT $479.00 Invoice 0001235 5/25/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $479.00 Refer 52504 MARK VII DISTRIBUTOR Cash Payment E 609-49750-252 Beer For Resale BEER $2,068.50 Invoice 665583 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $75.00 Invoice 665584 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $1,299.95 Invoice 668198 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $32.00 Invoice 338199 5/11/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $45.00 Invoice 668200 5/11/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $3,520.45 Refer 52504 MATTHEWS, DAVE LANDSCAP/NG Cash Payment E 601-49400-440 Other Contractual Servic PRE/INSTALL SOD & SEED $637.00 Invoice 287660 5/25/2004 Cash Payment E 602-49450-440 Other Contractual Servic PRE/INSTALL SOD & SEED $637,00 Invoice 287660 512512004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,274.00 Refer 52504 MCCOMBS FRANK ROOS ASSOCI Cash Payment E 101-42400-300 Professional Srvs 04-04 MISC BLDG ENGINEERING $477.00 Invoice 47388 5/1/2004 Project 08901 - 1450- CITY OF MOUND Cash Payment Invoice 47389 Cash Payment Invoice 47390-A Cash Payment Invoice 47390-B Cash Payment Invoice 47391 Cash Payment Invoice 47392 Cash Payment Invoice 47393 Cash Payment Invoice 47394 Cash Payment Invoice 47395 Cash Payment Invoice 47396 Cash Payment Invoice 47397 Cash Payment lnvoice 47398 ~..~. Cash Payment Invoice 47399 Cash Payment Invoice 47400 Cash Payment Invoice 47401 Cash Payment Invoice 47402 Cash Payment Invoice 47403 Cash Payment Invoice 47404 Cash Payment Invoice 47405 Cash Payment Invoice 47406 Cash Payment Invoice 47407 Cash Payment Invoice 47408 Cash Payment Invoice 47409 Cash Payment Invoice 47410 cCash Payment !nvoice 47411 Cash Payment Invoice 47412 City of Mound 05/19/04 1:43 PM Page 10 Payments Current Period: May 2004 04-04 MISC STREET ENGINEERING Project 08903 04-04 MISC WATER ENGINEERING Project 08904 04-04 MISC SEWER ENGINEERING Project 08904 04-04 STORM SEWER PROJECT Project 10293 04-04 CTY RD 15 REALIGNMENT Project 12533 E 101-43100-300 Professional Srvs 5/1/2004 E 601-49400-300 Professional Srvs 5/1/2004 E 602-49450-300 Professional Srvs 5/1/2004 E 675-49425-300 Professional Srvs 5/1/2004 E 401-46377-300 Professional Srvs 5/1/2004 G 101-22854 Langdon Bay Major Sub-Divi 04-04 LANGDON BAY DEVELOPMENT 5/1/2004 Project 12754 E 455-43255-300 Professional Srvs 04-04 MCES LIFT STATION 5/1/2004 Project 13132 E 401-43100-300 Professional Srvs 04-04 WESTEDGE EXTENSION 5/1/2004 Project 13142 E 281-45210-300 Professional Srvs 04-04 DOCK LOCATION MAP 5/1/2004 Project 13223 G 601-16300 Improvements Other Than BI 04-04 WELL/PUMPHOUSE 5/1/2004 Project 13313 E 455-46380-300 Professional Srvs 04-04 LONGPRE DEMOLITION 5/1/2004 Project 13314 E 401-46540-300 Professional Srvs 04-04 LOST LAKE GREENWAY 5/1/2004 Project 13566 G 101-22855 MetroPlains Develop 00-64 04-04 METRO PLAINS DEVELOPMENT 5/1/2004 Project 13646 E 601.49400-300 Prefessional Srvs 04-04 WATERMAIN REPLACEMENT 5/1/2004 Project 13681 G 101-22899 Pastuck Natural Homes #02- 04-04 PASTUCK SUB-DIVISION 5/1/2004 E 401-46540-300 Professional Srvs 5/1/2004 E 101-42400-300 Professional Srvs 5/1/2004 G 101-22931 2241 Southview Ln,03-10 W 5/1/2004 E 401-43104-300 Professional Srvs 5/1/2004 Project 13770 04-04 2003 STREET RECONSTRUCTION. Project 14121 04-04 NPDES PHASE II MS4 PERMITTING Project 14137 04-04 2241 SOUTHVIEW #03-10 Project 14275 04-04 2004 STREET RECONSTRUCTION Project 14615 G 101-22969 5853 Fairfield #03-48 Platting 04-04 5853 FIARFIELD 03-48 5/1/2004 Project 14626 E 402-43120-300 Professional Srvs 04-04 2004 MSA ADMINISTRATION 5/112004 Project 14673 E 401-43100-300 Professional Srvs 04-04 2004 RETAINING WALL REPLACEMENT 5/1/2004 Project 14707 G 101-22981 2163 Fairview #04-06 Varian 04-04 FAIRVIEW 04-06 5/1/2004 Project 14735 G 101-22988 Heritage Point Trailer Court 04-04 6639 BARTLETT,TRAILER COURT 5/1/2004 Project 14755 G 101-22979 1599 Bluebird Lane Vacation 04-04 1599 BLUEBIRD LANE #04-04 5/1/2004 Project 14791 $53.00 $449.50 $449.50 $675.00 $1,749. O0 $106.00 $371.00 $53.00 $511.00 $3,795.50 $265.00 $8,754.30 $339.00 $438.00 $159.00 $252.00 $29.39 $106.00 $8,982.20 $53.OO $734.O0 $1,171.80 $106,00 $582.50 $53.O0 -1451 - CITY OF MOUND Transaction Date 5/18/2004 City of Mound Payments 05/19/04 1:43 PM Page 11 Current Period: May 2004 Wells Fargo 10100 Total $30,714.69 Refer 52504 METROPOLITAN COUNCIL ENVIR Cash payment E 602-49450-388 Waste DisposaI-MCIS 06-04 WASTEWATER $31,172.87 Invoice 774164 5/7/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $31,172.87 Refer 52504 MINNEHAHA BUILDING MAINTENA Cash Payment E 609-49750-401 Repairs/Maint Buildings 04-26-04WASH WINDOWS $37.28 Invoice 59003993 5/9/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $37.28 Refer 52504 MINNESOTA DEPT OF HEALTH Cash Payment E 601-49400-433 Dues and Subscdptio;3s CLASS C RENEWAL SKINNER $23.00 Invoice 052504 5/25/2004 PO 18310 Transaction Date 5/17/2004 Wells Fargo 10100 Total $23.00 Refer 52504 MINNESOTA ROADWAYS COMPA Cash Payment E 101-43100-224 Street Maint Materials ASPHALT EMULSION $217.26 Invoice 45300 5/14/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $217.26 Refer 52504 MINNESOTA VALLEY TESTING LA Cash Payment E 601-49400-440 Other Contractual Servic BOD CARBONACEOUS $1,562.50 Invoice 210061 4/30/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,562.50 Refer 52504 MORRELL AND MORRELL, INCOR Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $1,716.26 Invoice 7268 5/17/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,716.26 Refer 52504 MOUND CRIME PREVENTION Cash Payment E 609-49750-340 Advertising CORPORATE HOLE SPONSOR DARE OPEN $750.00 Invoice 052504 5/25/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $750.00 Refer 52504 MOUND MARKETPLACE LLC Cash Payment E 609-49750-412 Building Rentals 06-04 COMMON SPACE $735.25 Invoice 052504 5/25/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $735.25 Refer 52504 MOUND, CITY OF Cash Payment E 222-42260-418 Other Rentals 2004 DOCK FEE $257.50 Invoice 052504 5/25/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $257.50 Refer 52504 MUELLER, WILLIAM AND SONS Cash Payment E 101-43100-224 Street Maint Materials 04-29-04 BLACKTOP $153.66 Invoice 90733 4/29/2004 Cash Payment E 601-49400-224 Street Maint Materials 04-29-04 BLACKTOP $252.19 Invoice 90733 4/29/2004 Cash Payment E 101-43100-224 Street Maint Materials 04-26-04 BLACKTOP $60.82 Invoice 90542 4/29/2004 - 1452- C City of Mound 05/19/041:43 PM Page 12 Payments CITY OF MOUND Current Period: May 2004 Cash Payment E 601-49400-224 Street Maint Materials 04-26-04 BLACKTOP $122.04 Invoice 90542 4/29/2004 Cash Payment E 101-43100-224 Street Maint Materials 04-30-04 BLACKTOP $61.45 Invoice 90803 4/29/2004 Cash Payment E 601-49400-224 Street Maint Materials 04-30-04 BLACKTOP $352.88 invoice 90803 4/29/2004 Cash Payment E 101-43100-224 Street Maint Materials 04-30-04 BLACKTOP $46.85 Invoice 90871 4/29/2004 Cash Payment E 601-49400-224 Street Maint Materials 04-30-04 BLACKTOP $88.07 Invoice 60871 4/29/2004 Cash Payment E 101-43100-224 Street Maint Materials 04-16-04 BLACKTOP $203.93 Invoice 90206 4/29/2004 Cash Payment E 601-49400-224 Street Maint Materials 04-16-04 BLACKTOP $141.09 Invoice 901206 4/29/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $1,482.98 Refer 52504 NASH SALES, INCORPORATED Cash Payment E 670-49500-460 Janitorial Services 05-15-04 CLEAN UP DAY $200.00 Invoice 0002052-1N 5/14/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $200.00 Refer 52504 NATIONAL WATERWORKS Cash Payment E 601-49400-220 Repair/Maint MISCELLANEOUS SUPPLIES Supply $458.90 ~k,,.~, Invoice 1245304 4/29/2004 PO 18377 Transaction Date 5/13/2004 Wells Fargo 10100 Total $458.90 Refer 52504 NORTHERN TOOL AND EQUIPMEN Cash Payment E 101-43100-220 Repair/Maint Supply BOLT ON SWIVEL $29.81 Invoice 1159 5/10/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $29.81 Refer 52504 NRG PROCESSING SOLLUTIONS L Cash Payment E 670-49500-460 Janitorial Services 03-04 LEAVE/BRUSH $12,500.00 Invoice 3217 5/5/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $12,500.00 Refer 52504 ONE CALL CONCEPTS, INCORPO Cash Payment E 601-49400-395 Gopher One-Call 04-04 LOCATES $162.15 Invoice 4040556 4/30/2004 Cash Payment E 602-49450-395 Gopher One-Call 04-04 LOCATES $162.15 Invoice 4040556 4~30~2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $324.30 Refer 52504 PALM, GREG Cash Payment E 222-42260-210 Operating Supplies REIMBURSE EXPENSES $334.34 Invoice 052504 5/25/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $334.34 Refer 52504 PA TCHIN MESSNER AND DODD Cash Payment G 101-22908 Mound Harbor Renaissance 5555 SHORELINE DRIVE APPRAISAL $4,500.00  nvoice 20413-5 5/2/2004 ,~ransaction Date 5/18/2004 Wells Fargo 10100 Total $4,500.00 Refer 52504 PAUSTIS AND SONS WINE COMPA - 1453- City of Mound 05/19/04 1:43 PM ,~,t~- ~ ~ Page 13 /× Payments _.~ CiTY OF MOUND Current Period: May 2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$294.50 Invoice 8035517 5~6~2004 Cash Payment E 609-49750-253 Wine For Resale WINE $760,71 Invoice 8035724 5/6/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT--WINE -$60.00 Invoice 8036135 5/6/2004 Cash Payment E 609-49750-253 Wine For Resale WINE -$23,74 Invoice 8036423 5~6~2004 Cash Payment E 609-49750-253 Wine For Resale WINE $425.74 Invoice 8036290 5~6~2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $808.21 Refer 52504 PEDERSON, GREG Cash Payment E 222-42260-210 Operating Supplies STORAGE SHELVING $191.32 Invoice 052504 5/25/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $191.32 Refer 52504 PEPSI-COLA COMPANY Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $116.60 Invoice 59531623 5/12/2004 Transacti°n Date 5/13/2004 Wells Fargo 10100 Total $116.60 Refer 52504 PHILLIF~S WINE AND SPIRITS,/NC Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$4 85 Invoice 3297502 4/22/2004 Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$10.32 Invoice 3297501 4/22/2004 Cash Payment E 609-49750-253 Wine For Resale WiNE $1,103.60 Invoice 2067849 4/22/2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $4,143.70 Invoice 2070455 4/22/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $997.90 Invoice 2070456 4/22/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $33.75 Invoice 2070457 4/22/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $6,263.78 Refer 52504 PINNACLE DISTRIBUTING Cash Payment E 609-49750-255 Misc Merchandise For R CIGARE'I-I'ES $598.75 Invoice 40543 5/11/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $598,75 Refer 52504 PROTECTION ONE Cash Payment E 101-43100-440 Other Contractual Servic SERVICE CALL $37.28 Invoice 052504 5/25/2004 Cash Payment E 601-49400-440 Other Contractual Servic SERVICE CALL $37.28 Invoice 052504 5/25/2004 Cash Payment E 602-49450-440 Other Contractual Servic SERVICE CALL $37.27 Invoice 052504 5/25/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $111.83 Refer 52504 QUALITY WINE AND SPIRITS - 1454- C CITY OF MOUND City of Mound Payments 05/19/04 1:43 PM Page 14 Current Period: May 2004 Cash Payment E 609-49750-251 Liquor For Resale LIQUOR Invoice 401414-00 5/5/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 401415-00 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale WINE Invoice 401269-00 5/5/2004 Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX Invoice 404090-00 5/5/2004 Cash Payment E 609-49750-253 Wine For Resale Invoice 403873-00 5/5/2004 Cash Payment E 609-49750-251 Liquor For Resale Invoice 404089-00 5/5/2004 Transaction Date 5/11/2004 10100 Total WINE LIQUOR Wells Fargo $1,471.40 $28.63 $310.81 $91.77 $418.03 $280.66 $2,601.30 Refer 52504 R.C. ELECTRIC, INCORPORATED Cash Payment E 101-41910-401 Repairs/Maint Buildings REPLACE BALLAST $t14.12 Invoice 052504 5/13/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $114.12 Refer 52504 REYNOLDS WELDING SUPPLY CO Cash Payment E 222-42260-219 Safety supplies AIR AND OXYGEN $21.73 Invoice R04041059 4/30/2004 CTransactionDate5/19/2004 Wells 10100 Total Fargo $21 Refer 52504 RIDGEVIEW MEDICAL, WACONIA Cash Payment E 222-42260-305 Medical Services HEALTH ASSESSMENTS (3) $1,393.50 Invoice 052504 5/25/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $1,393.50 Refer 52504 RS MECHANICAL SERVICES, INCO Cash Payment R 101-32210 Building Permits REFUND PERMIT FEE $40.00 Invoice 052504 5/25/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $40.00' Cash Payment E 101-43100-300 Professional Srvs ANNUAL SAFETY TRAINING $983,33 Invoice 1-C 5/3/2004 Cash Payment E 601-49400-300 Professional Srvs ANNUAL SAFETY TRAINING $983.33 Invoice 1-C 5/3/2004 Cash Payment E 602-49450-300 Professional Srvs ANNUAL SAFETY TRAINING $983.34 Invoice 1-C 5/3/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $2,950.00 Cash Payment E 222-42260-325 Pagers-Fire Dept. 05-04 PAGERS $94.97 Invoice 20233305042 5/1/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $94,97 Refer 52504 SCHARBER AND SONS Cash Payment E 101-45200-409 Other Equipment Repair OIL FILTERS,FILTER ELEMENTS,ETC $64.07 nvoice 02~2039474 5/12/2004 ~,,..~,fransaction Date 5/13/2004 Wells Fargo 10100 Total - 1455- CITY OF MOUND City of Mound Payments 05/19/04 1:43 PM Page 15 Current Period: May 2004 Cash Payment E 281-45210-533 Tree Removal 4879 BARTLETT $894.00 Invoice 4999 5/10/2004 Cash Payment E 101-45200-533 Tree Removal 3011 HIGHLAND ROAD $852.00 Invoice 5006 5/10/2004 Cash Payment E 281-45210-533 Tree Removal DOVE COMMONS $426.00 Invoice 5008 5/10/2004 Cash Payment E 101-45200-533 Tree Removal SCHERVEN PARK $1,171.50 Invoice 5007 5/10/2004 Cash Payment E 101-45200-533 Tree Removal 2903 CAMBRIDGE $639.00 invoice 5019 5/10/2004 Transaction Date 5/18/2004 Wells Fargo 10100 Total $3,982.50 Refer 52504 SOUTHERN POLICE INSTITUTE Cash Payment E 101-42110-434 Conference & Training REGISTRATION,BURKE $595.00 Invoice 29-14 4/26/2004 PO 18355 Transaction Date 5/17/2004 Wells Fargo 10100 Total $595.00 Refer 52504 STERNE ELECTRIC COMPANY Cash Payment E 602-49450-500 Capital Outlay (GENERA ENTRANCE BODY,ETC $774.38 Invoice 8251 4/2/2004 Cash Payment E 602-49450-500 Capital Outlay (GENERA LIFT STATIONS $522.50 Invoice 8258 4/2/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $1,296.88 Refer 52504 STS CONSULTANTS Cash Payment E 101-42400~300 Professional Srvs THRU 03-31-04 MAXWELL PROPERTY $8,384.50 invoice 255785 4/26/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $8,384.50 Refer 52504 THORPE DISTRIBUTING COMPAN Cash Payment E 609-49750-252 Beer For Resale BEER $238.00 Invoice 32184 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $30.15 Invoice 333472 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $8,691.45 Invoice 333883 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $174.45 Invoice 333882 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $242.00 Invoice 32271 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $718.90 Invoice 333884 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $1,661.00 Invoice 334599 5/10/2004 Cash Payment E 609-49750-252 Beer For Resale BEER $127.75 Invoice 334598 5/10/2004 Transaction Date 5/10/2004 Wells Fargo 10100 Total $11,883.70 Refer 52504 TOLL GAS AND WELDING SUPPLY Cash Payment E 101-43100-230 Shop Materials INDUSTRIAL CYLS $17.91 Invoice 445914 4/30/2004 Transaction Date 5/17/2004 Wells Fargo 10100 Total $17.91 - 1456- ............. 1 I ~i, mm. , ~llJ, ,IQ ~, ii& , CITY OF MOUND Refer 52504 TROPHIES BY LINDA Cash Payment E 101.42110-431 Meeting Expense invoice 11344 4/12/2004 PO 18347 Cash Payment E 101-42110-430 Miscellaneous Invoice 11518 5/1/2004 PO 18357 City of Mound Payments 05/19/04 1:43 PM Page 16 Current Period: May 2004 PLAQUES $13.05 CERTIFICATES/FRAMES $67.10 Transaction Date 5/14/2004 Wells Fargo 10100 Total $80.15 Refer 52504 TRUE VALUE, MOUND Cash Payment E 101-42110-321 Telephone & Cells TELEPHONE $26.61 Invoice ×09587 4/15/2004 PO 18350 Transaction Date 5/11/2004 Wells Fargo 10100 Total $26.61 Refer 52504 TWIN CITY OFFICE SUPPLY Cash Payment E 101-41310-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 427040-0 5/25/2004 ~,.~..~, Cash Payment E 609-49750-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 427040-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies invoice 427040-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 426761-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 426761-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 426761-0 5/25/2004 Cash Payment E 222-42260-200 Office Supplies Invoice 427223-0 5/25/2004 PO 18081 Cash Payment E 101-42110-200 Office Supplies Invoice 428358-0 5/25/2004 PO 18359 Cash Payment E 101-41310-200 Office Supplies Invoice 427602-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 427602-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 427602-0 5/25/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 427602-0 5/25/2004 /,.~Cash Payment E 101-43100-200 Office Supplies (...nvoice 427602-0 5/25/2004 "Cash Payment E 609-49750-200 Office Supplies Invoice 427602-0 5/25/2004 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES SCALE SCALE SCALE INK JET CARTRIDGE, PINS PENCIL,TAPE,ETC MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $1.16 $1.16 $1.16 $1.16 $1.16 $0.40 $0.77 $0.77 $6.OO $6.00 $5.99 $164.08 $55 .O6 $0.77 $0.77 $0.77 $0.77 $0.77 $o.25 - 1457- CITY OF MOUND City of Mound Payments 05/19/04 1:43 PM Page 17 Cash Payment E 601-49400-200 Office Supplies Invoice 427602-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 427601-0 5/25/2004 Cash Payment E 281-45210-200 Office Supplies Invoice 425184-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 425184-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 425184-0 5/25/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 427436-0 5/25/2004 Cash Payment E 101-41310-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies invoice 426474-0 5/25/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 426474-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 426540-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 426540-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies invoice 426540-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 426949-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 426212-0 5/25/2004 Cash Payment E 101-41310-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 427505-0 5/25/2004 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES CREDIT-RODS FOR FRAMES CREDIT-RODS FOR FRAMES CREDIT-RODS FOR FRAMES STAPLER,TAPE DISPENSER MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES RIBBON RIBBON RIBBON BUSINESS CARD HOLDER TONER CARTRIDGE MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES $0.51 $0,51 -$2,75 ~$5.50 *$5.49 $45.29 $12.07 $12.07 $12.07 $12.07 $12,07 $4.02 $8.05 $8.05 $8.13 $8,13 $8.13 $3.60 $299.55 $2,34 $2.34 $2.34 $2.34 $2,34 $O,80 - 1458- C CITY OF MOUND City of Mound 05/19/041:43 PM Page 18 Payments Current Period: May 2004 Cash Payment E 601-49400-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 427505-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 427181-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 427181-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 427181-0 5/25/2004 Cash Payment E 101-41310-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 101-41500-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 101-42400-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 101-45200-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 101-43100-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 609-49750-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 281-45210-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 601-49400-200 Office Supplies Invoice 428040-0 5/25/2004 Cash Payment E 602-49450-200 Office Supplies Invoice 428040-0 5~25/2004 MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES CHAIR CHAIR CHAIR MISCELLANEOUS OFFICE SUPPLIES MISCELLANEQUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES INK JET CARTRIDGE INK JET CARTRIDGE INK JET CARTRIDGE $1.56 $1,56 $236.00 $58,99 $58.99 $8.97 $8.97 $8,97 $8.97 $8.97 $3.02 $5.98 $5.98 $30.05 $60.10 $60.10 Transaction Date 5/18/2004 Wells Fargo 10100 Total $1 289.23 Refer 52504 TWO RIVER SIGN AND DESIGN Cash Payment E 101-41910-500 Capital Outlay (GENE~RA DOOR SIGNS $778.05 Invoice 1050-B 4/29/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $778.05 Refer 52504 WE/ST, KATHY Cash Payment E 222-42260-210 Operating Supplies REIMBURSE STICKERS $40.00 Invoice 052504 5/25/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total '~.$40'00 Refer 52504 WESTONKA SEWE~A/vu Cash Payment E 601-49400-430 Miscellaneous 2923 DICKENS LANE SERVICE CALL $75.70 Invoice 30211 511212004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $75.70 ~..-.~Cash Payment E 401-46377-300 Professional Srvs - 04-23-04 CLEAR DITCH 110 $300.00 Invoice 529 5/13/2004 - 1459 - City of Mound 05/19/041:43 PM Page 19 Payments CITY OF MOUND Cash Payment Invoice 531 Transaction Date Current Period: May 2004 E 401-46377-300 Professional Srvs 04-23-04 FORCEMAIN BARTLETT $1,426.50 5/13/2004 5/17/2004 Wells Fargo 10100 Total $1,726.50 Refer 52504 WILLIAMS TOWING Cash Payment E 101-42110-436 Towing Charges STORAGE FEE $180.00 Invoice 68542 1/25/2004 PO 18358 Transaction Date 5/18/2004 Wells Fargo 10100 Total $180.00 Refer 52504 WINE COMPANY Cash Payment E 609-49750-253 Wine For Resale CREDIT-WINE -$7.00 Invoice 19702-00 2/6/2004 Cash Payment E 609-49750-253 Wine For Resale WINE $238.70 Invoice 25955-00 2/6/2004 Transaction Date 5/13/2004 Wells Fargo 10100 Total $231.70 Refer 52504 XCEL ENERGY Cash Payment E 101-43100-381 Electdc Utilities 04-04 STREET LIGHTS $10,094.58 Invoice 0542-505-000-12 5/25/2004 Transaction Date 5/11/2004 Wells Fargo 10100 Total $10,094.58 Refer 52504 ZACK, INCORPORATED Cash Payment E 101-45200-220 Repair/Maint Supply - SQUEEGES $47.50 Invoice 7713 5/10/2004 PO 18307 Cash Payment E 101-43100-230 Shop Materials BROOMS,SHOVELS,ETC $460.39 Invoice 25121 5/10/2004 PO 18306 Cash Payment E 101-43100-230 Shop Materials SHOVEL,BRUSH $150.67 Invoice 25127 5/10/2004 PO 18306 Cash Payment E 101-45200-220 Repair/Maint Supply METAL BOLT HANDLE $48.99 Invoice 25122 5/10/2004 PO 18307 Cash Payment E 222-42260-210 Operating Supplies SHOVELS/BRUSHES $106.33 Invoice 7237 5/10/2004 PO 18306 Transaction Date 5/10/2004 Wells Fargo 10100 Total $813.88 Refer 52504 ZIEGLER, INCORPORATED Cash Payment E 101-43100-500 Capital Outlay (GENERA COMPRESSOR $11,251.50 Invoice J2726601 5/8/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $11,251.50 - 1460- CITY OF MOUND Fund Summary City of Mound Payments 05/19/04 1:43 PM Page 20 Current Period: May 2004 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL ST AID ST CONSTUCT 455 TIF 1-2 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND 10100 Wells Fargo $65,928.76 $4,944.21 $5,693.31 $52,593.51 $734.00 $10,304.23 $22,241.12 $35,341.34 $55,000.96 $14,547.46 $675.00 $268,003.90 Pre-Written Check Checks to be Generated by the Compute Total $0.00 $268,003.90 $268,003.90 C -1461 - CITY OF MOUND City of Mound Payments Current Period: May 2004 Batch Name Refer 53104 05/19/04 1:44 PM Page 1 053104CRCARD User Dollar Amt $3,348.24 Payments Computer Dollar Amt $3,348.24 $0.00 In Balance ELAN CREDIT CARD Ck# 095094 5/21/2004 Cash Payment E 101-43100-434 Conference & Training 05-04-04 SIGNCAD SYSTEMS $258.00 Invoice 053104 5/31/2004 Cash Payment E 101-41910-300 Professional Srvs 04-20-04 INET 7 $18.00 Invoice 053104 5/31/2004 Cash Payment E 101-42400-500 Capital Outlay (GENERA 04-25-04 COMPUPLUS LAPTOP $51.99 Invoice 053104 5/31/2004 Cash Payment E 101-41910-300 Professional Srvs 04-14-04 CAR WASH $202.30 Invoice 053104 5/31/2004 Cash Payment E 101-45200-210 Operating Supplies 05-05-04 EXPRESS POLICE SUPPLY $84.96 FLASHLIGHT Invoice 053104 5/31/2004 Cash Payment E 101-41310-434 Conference & Training 04-14-04 FICHE CONFERENCE $168.69 Invoice 053104 5/31/2004 Cash Payment E 101-41310-434 Conference & Training 04-26-04 FICHE CONFERENCE $117.65 Invoice 053104 5/31/2004 Cash Payment E 101-41310-210 Operating Supplies 05-05-04 BESTBUY FLAT MONITOR $680.51 Invoice 053104 5/31/2004 Cash Payment E 222-42260-210 Operating Supplies 04-15-04 TOTAL TEMPERATURE HEAT GUNS $260.00 Invoice 053104 5/31/2004 Cash Payment E 222-42260-210 Operating Supplies 05-05-04 SUNSET PRINTING, FISH FRY $250.00 Invoice 053104 5/31/2004 Cash Payment E 609-49750-210 Operating Supplies 04-15-04 HOME DEPOT, SHELVING $64.89 Invoice 053104 5/31/2004 Cash Payment E 101-42110-404 Repairs/Maint Machinery 04-22-04 SQUAD WASH $12.77 Invoice 053104 5/31/2004 Cash Payment E 101-42110-404 Repairs/Maint Machinery 04-24-04 CREDIT-SQUAD WASH -$5.30 Invoice 053104 5/31/2004 Cash Payment E 101-42110-210 Operating Supplies 04-23-04 MENARDS $23.40 Invoice 053104 5/31/2004 Cash Payment E 101-42110-210 Operating Supplies 04-24-04 MENARDS $108.02 Invoice 053104 5/31/2004 Cash Payment E 101-42110-434 Conference & Training 04-27-04 AIRFARE $6.95 Invoice 053104 5/31/2004 Cash Payment E 101-42110-434 Conference & Training 04-27-04 AiRFARE $162.00 Invoice 053104 5/31/2004 Cash Payment E 101-42110-434 Conference & Training 04-26-04 AIRFARE $610.69 Invoice 053104 5/31/2004 Cash Payment E 101-42110-434 Conference & Training 04-30-04 AIRFARE $272.70 Invoice 053104 5/31/2004 Transaction Date 5/19/2004 Wells Fargo 10100 Total $3,348.24 - 1462- CITY OF MOUND Fund Summaw 101 GENERAL FUND 222 AREA FIRE SERVICES 609 MUNICIPAL LIQUOR FUND City of Mound Payments 05/19/04 1:44 PM Page 2 Current Period: May 2004 10100 Wells Fargo $2,773.35 $510.00 $64.89 $3,348.24 Pre-Written Check Checks to be Generated by the Compute Total $3,348.24 $0.00 $3,348.24 C - 1463- CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com May 18, 2004 TO: FROM: RE: Mayor and City Council Bonnie Ritter Tree Removal License I have received an application from Tom Gullickson of Gullickson Tree Service, Mound, for a Tree Removal License. Approval contingent upon receipt of all forms, fees and certificate of insurance. printed on recycled paper - 1464- CITY OF MOUND. 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com May 18, 2004 C TO: FROM: RE: Mayor and City Council Bonnie Ritter Tree Removal License An application has been received from Williams Tree Service of Maple Grove, for a Tree Removal License. All forms, fees and certificates of insurance have been submitted. __pdnted on recycled paper 1465- CITY OF MOUND MEMORANDUM 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www. cityofmound.com May 18, 2004 TO: MAYOR AND COUNCIL FROM: KANDIS M. HANSON, CITY MANAGER SUBJECT: CBD Parking Program As you might know, in 2003 the City Council took action to extend the existing CBD program until June 30, 2004. After this date, unless extended by the Council, the program will no longer exist. If it is your intent to extend this program for one more year, there will be a direct impact on the City budget. We do not have all the costs for the year 2003-2004, but for the year 2002-2003 they were as follows: Snow plowing by contractor $ 4,057 CBD Lease payments 6,939 Total Cost 10,996 Less Assessments (1,114) Net Cost to City $ 9,882 The Council could consider one of the following options: Continue the CBD program as is for one more year. Terminate the program at the end of the 2003-2004 season. Continue the program for one more year and charge the CBD district for all direct costs incurred by the City. Continue the program for one more year and charge the CBD district for snow plowing at 1/4 of the cost plus the lease payments. Given the parking concerns that we still have in our downtown area, the administration recommends that the program be extended as is for one more year. If you have any questions, please contact me at 952-472-0609. cc: Gino Businaro, Finance Director Greg Skinner, P. W. Superintendent C CITY OF MOUND RESOLUTION NO. 04- RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS WHEREAS, the City Council of the City of Mound, Minnesota, did on February 12, 1991, adopt resolution No. 91-30, entitled "Resolution Authorizing City Sponsorship in State Grant-In-Aid Snowmobile Trail Funds"; and WHEREAS, the Department of Natural Resources is requesting that the City again reaffirm its sponsorship of the State Grant-In-Aid Snowmobile Trail funds; and WHEREAS, the Southwest Trails Association has requested the City of Mound to sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program; NOW, THEREFORE BE IT RESOLVED that the City Clerk is authorized to apply to the Department of Natural Resources for the Minnesota Trail Assistance program on behalf of the Southwest Trails Association; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to execute and approve contractual agreements for this grant. Adopted by the City Council this 25th day of May, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1467- I~ DEPARTIV~NT OF MINNESOTA TRAIL ASSISTANCE PROGRAM SNOWMOBILE/CROSS-COUNTRY SKI TRADITIONAL GRANT AGREEMENT ITrail Name IState Cost Effective Date See Item I THIS AGREEMENT, is made between the STATE OF MINNESOTA, acting through the Commissioner of Natural Resources, hereinafter referred to as the "State", and the sponsoring Local Unit of Government specified above, and relates to the establishment of proposed trails specified above. WHEREAS, the local unit of government desires to establish, construct and maintain public trails; and WHEREAS, the Minnesota Trails Assistance Program provides grants to local units of government for the construction and maintenance of recreational trails pursuant to Minnesota Statutes, Chapter 84.83; and WHEREAS, the local unit of government has applied to the State for a grant for said trails and has submitted the Minnesota Trails Assistance Program's application form, maps, ownership list, and resolution of the local unit of government authorizing the proposed trails as outlined in said documents; and said application form, resolution, map or new trail project proposal are attached hereto as Exhibit "A". NOW THEREFORE, it is agreed between the parties as follows: A. TRAIL OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT. The local unit of government agrees to construct, operate, and maintain the proposed trails in accordance with the current Minnesota Snowmobile/Cross Country Ski Trails Assistance Program Instruction Manual, hereinafter referred to as the "Manual", and with the application or new trail project proposal form, as accepted or amended by the State. The local unit of government shall: 1. Forthwith proceed to acquire necessary interests in lands and open trails to the public. The local unit of government must acquire the interests in land in fee, or by easement, lease, permit, or deed for said trails. The term of said interest shall be no less than four (4) months between November 15 of any year and April 1 of the succeeding year. For each parcel of land crossed by proposed trails, the local units of government shall obtain from the owner of said parcel and submit to the State a permit, lease, easement, or deed for said crossing. (a) A person having personal knowledge of ownership shall sign an affidavit that the person whose name appears on the document of conveyance, lease, or permit is the owner or possessor. (b) Any instrument of conveyance or permit with a consideration exceeding $500.00 shall be accompanied by an Attorney's Certificate of Title. 2. Construct the trails and provide adequate maintenance which shall include keeping the trails reasonably safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance as may be'required. The local unit of government and not the State is responsible for maintaining signs and grooming all trails. If the local unit of government fails to expedite establishment and construction of trails or fails to provide for adequate maintenance, the State may withhold future payments to the local unit of government and/or terminate this agreement. B. · TECHNICAL ASSISTANCE, The State shall give technical assistance to the local unit of government in establishing trails upon request. C. FUNDING. The state's sole responsibility under this Agreement is to provide funds to the local unit of government. In the event that state funds become unavailable because of legislative or executive action or · restraints the grant amount may be reduced or canceled by the State. - 1468- Bo Fo REIMBURSEMENT. The state agrees to reimburse the local unit of government 65 percent of the cost of trail acquisition, development, and maintenance, except grooming and liability insurance which shall be reimbursed at the rate of 90 percent for all eligible costs. All costs shall be in accordance with the allowable charges and costs listed in the Manual. This grant shall not exceed the State Cost as specified above. PAYMENT. The local unit of 9overnment must submit a request for reimbursement and attach worksheets furnished by the State for all costs incurred in acquiring, developing, maintaining and grooming the trail, all in accordance with the Manual. Additionally, the local unit of government must submit original receipts of actual purchases exceeding $100.00. Further, the first request for reimbursement for costs incurred by grooming must be made by January 31, and the last day of every month thereafter while costs are incurred during the grooming season. 1. First Payment: Upon receipt of the request for reimbursement evidencing acceptable trail costs of $500.00 or more for acquisition, development, or maintenance, the State agrees to reimburse the local unit of government for approved costs in accordance with the Manual. The State shall not be required Jo pay for any services provided by the local unit of government which the State determines to be unsatisfactory as determined by the State's authorized representative. 2. Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of government may submit invoices evidencing trail costs. Payments shall be made to the extent of authorized reimbursement, or until this agreement is terminated. 3. Trail Segments: It is understood that if the trail system is developed in segments, the local unit of government may submit requests for reimbursement as soon as continuous and workable segments are completed. STATE AUDITS. Under Minnesota Statutes § 16C.05, subd. 5, the Grantee=s books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. WORKERS COMPENSATION. The Grantee certifies that it is in compliance with Minnesota Statutes § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. LIABILITY. Each party agrees that it will be responsible for its own acts and (he results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota 7'crt Claims Act, Minnesota Statutes § 3.736 and other applicable law. The Sponsor's liability shall be governed by the provisions of Minnesota political Subdivisions Tort Liability, Minnesota Statutes § 466.02 and other applicable law. TERM. Effective date: (SPELL OUT FULL DATE), or the date the State obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this Grant Agreement until this Grant is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. Expiration date: June 30, 2004, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Encumbrances for grants issued by June 30 may be certified for a period of one year beyond the year in which the funds were originally appropriated. Services rendered under grant contracts may occur during the certification period. TERMINATION. This Agreement may be terminated by the State in the event of a default by the Sponsor, the legislature appropriates insufficient monies for the program, or the abandonment of the Trail. It may also be terminated upon mutual agreement by the State and the Sponsor. PUBLICITY AND ENDORSEMENT -1469- Publicity: Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Endorsement: The Grantee must not claim that the State endorses its products or services. ASSIGNMENT OR MODIFICATION. The Sponsor may not assign any of its rights or obligations under this Agreement'without the prior written consent of the State. No change or modification of the terms or provisions of this Agreement shall be binding unless such change or modification is in writing and signed byall parties on this Agreement. DATA DISCLOSURE. Under Minnesota Statutes § 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. GOVERNING LAW, JURISDICTION, AND VENUE. Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. LOCAL UNIT OF GOVERNMENT (County) (City) (Village) (Town) Authorized Signature Title Date Authorized Signature Title Date DEPARTMENT OF NATURAL RESOURCES Individual certifies that funds have been State Encumbrance Verification Date encumbered as required by M.S. § 16A.15 and 16C.05. CFMS #: Authorized Signature Trails and Waterways Division Date Director Signature (Recommend for Approval) Trails and Waterways Regional Date Manager Form date: I0/03 GIA Sno04a -1470- Engineering · Planning · Surveying May 19, 2004 C Ms. Sarah Smith Community Development Director City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: City of Mound Landgon Trails Letter of Credit Reduction MFRA #14275 Dear Sarah: I have reviewed the request by Chuck Alcon for a reduction in the amount of the letter of credit for subject project and also discussed it with Carlton Moore and we feel that 3 percent of the original amount for the utility construction ($3,168.00) should be retained until the final record plans are received. The amount to be released would then be $38,973.00, leaving a balance of $27,594.00 in the letter of credit. If you have any questions, or need additional information, please contact me. Sincerely, MFRA John Cameron, City Engineer JC:rth cc: Carlton Moore, Public Works Director Chuck Alcon, Project Manager, Langdon Trails s:Xmain:Xmou 14275Xcor~espondence~smithS-19 Cf -1471 - 15050 23rd Avenue North · Plymouth, Minnesota · 55447 phone 763/476-6010 · fax 763/476-8532 e-mai/: mfra@mfra, com MAY-l?-2004 16:35 P.O1 City of Mound ' Attn: Ms. Sarah Smith, Community Development Director 5341 Maywood Road Mound, MN. 55364 LANGDON TRAILS Letter of Credit (LOC) Reduction RequeSt #2 - ,, ,. Construction c;~'~':"x I va~ of : o~i.~ J % J va~u. of ! Addition~ '1 To~a~ LOC I w.~ I ,oc I c~,,., I _~.-' I'-"~ I Gmdl~ ~? ~h ' Re~uiled I $8,4 e25 7 ~ ~4~- 12./16A]3 ChuCk Aloon. Project Manager, Langdon Trails Cc: MFRA, John Cameron TOTAL P.O1 - 1472- P.01 MAY-I'?-20~4 16:55 C C City of Mound Attn: Ms. Sarah Smith, Community Development Director 5341 Maywood Road Mound, MN. 55364 LANGDON TRAIL8 Letter of Credit (LOC) Reduction Request #2 Construction Cal~J0n/ V01ue'of 0rigi~al % Value Wo~ L~ C;p~ W~ ~g ~7.~0 $~,e25 ~ ~,7~ $t,~7 $e,~3 San~ ~;~r $29,361 ~5r451 i5% ~.2~ S1 .~ ~318 ~%~,~;n ~3~1 ~2~1 ' 15% ~.076 $1 ~ ~,~ S;~ 9~ ~e S39~419 ~,~4 ~ $11,5~ S2.~1 S14~7 Stm~ ~ar ~u~ $9,~0 $11.812 "~evious LOC Reductions Elate , LOC Nui~b=-r 1 12/16/~3 ' Numar 3 _Numar 4 , Numar 6 .... Original L~;~ ~f Credit $266,291 _F're~ieua LOC ~-~ ,. $198,724 Cu,~; LOC R~luction $42~141 TOtal Ri~i~.%~ LOC' , , , ~24,4~ Chuck ^t~on, Project Manager, Langdon Trails Cc: MI=PlA, John Cameroft TOTAL P. O1 - 1473- CITY OF MOUND ORDINANCE NO. 01-2004 AN ORDINANCE ADDING SECTION 903 TO CHAPTER IX OF THE CITY CODE PROHIBITING FISHING AT CERTAIN PORTIONS OF THE LOST LAKE CHANNEL The City of Mound does ordain: The following new Section hereby added to Chapter IX. Section 903 - REGULATION OF FISHING AT LOST LAKE CHANNEL 903.00 Findin.q and Determination. Due to inherent risk of injury to persons engaged in boating and pedestrian activities within the relatively confined and congested areas of the Lost Lake Channel, the City Council has determined that it is necessary to, in the interest of public heath, safety and welfare, to prohibit fishing at certain portions of the Lost Lake Channel. 903.05 FishinR Regulation. No fishing is allowed from any public dock, pier, or other city regulated or owned structure or on any city lands at that portion of the Lost Lake Channel described in Mound City Resolution 03-28, which resolution is on file in the office of the City Clerk. The term fishing shall include fishing with a line, taking fish by means of snagging, spearing, harpooning, archery or by dip net. 903.10 Signs to be Posted. Signs shall be posted at suitable locations within the regulated area informing the public that fishing is prohibited within the area where signage is posted. Passed by the City Council this __ day of ,2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel Published in The Laker on the Effective the __ day of day of ,2004. ,2004. - 1474- CITY OF MOUND RESOLUTION NO. 03-28 RESOLUTION GIVING AUTHORIZATION TO GRANT PERMANENT EASEMENTS FOR CONSTRUCTION OF LOST LAKE GREEENWAY (TRAIL, LANDSCAPING AND PIER WITH DOCKS) WHEREAS, the City of Mound has approved the construction of the Lost Lake Greenway from Commerce Boulevard (CSAH 110) to the Little League Ball Fields Parking Lot at Cypress Lane; and WHEREAS, the Lost Lake Greenway is identified in the Mound Visions Downtown Revitalization Plan adopted by the City of Mound in 1992 as a central community open space; and WHEREAS, the Lost Lake Greenway is envisioned by the community as a permanent public recreational space; and WHEREAS, the Lost Lake Greenway project is partially funded with federal ISTEA funds; and WHEREAS, Federal funding compels the City of Mound to place a permanent easement over the Lost Lake Greenway property ensuring its perpetual use as a public recreational space; and WHEREAS, the Lost Lake Greenway is scheduled to be completed by the end of 2003, with construction activities commencing about June 1, 2003. C~ NOW THEREFORE BE IS RESOLVED by the City Council of the City of Mound, that a permanent easement for trails, landscaping, docking facilities and supportive improvements is granted over the following described properties: That part of Lot 8, McNaught's Addition to "Mound" Lake Minnetonka, described as follows: Beginning at a point on the West line of said Lot 8 distant 1.00 feet South from the Northwest corner of said Lot 8; thence South along said West line 47.00 feet; thence East, parallel with the North line of said Lot 8 a distance of 87.00 feet; thence Northeasterly, deflecting to the left 33 degrees 41 minutes 22 seconds, a distance of 18.02 feet; thence East to a point on the East line of said Lot 8 distant 38.00 feet South from the Northeast corner of said Lot 8; thence North to said Northeast corner; thence West along the North line of said Lot 8 to a point 75.00 feet East from the Northwest corner of said Lot 8; thence South, parallel with said West line 1.00 feet; thence West, parallel with said North line to the point of beginning. ALSO - 1475- That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 117, Range 24 described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence Easterly along the South line of said Southwest Quarter of the Southwest Quarter a distance of 695.78 feet; thence Northerly 225.19 feet to a point 501.31 feet Easterly of the Southwest corner of Lot 11, Auditor's Subdivision No. 170, as measured along a line drawn parallel with the South line of said Southwest Quarter of the Southwest Quarter from the Southwest corner of said Lot 11; thence continuing Northerly along the last described course, hereinafter referred to as "Line A", to its intersection with the Easterly extension of the North line of Lot 8, McNaught's Addition to "Mound" Lake Minnetonka, said intersection being the actual point of beginning; thence Westerly along said extension to the Northeast corner of said Lot 8; thence Southerly along the East line of said Lot 8 a distance of 38.00 feet; thence Easterly parallel with the Easterly extensions of the North line of said Lot 8, to said "Line A"; thence Northerly along said "Line A" to the actual point of beginning. (Torrens Certificate No. 863221) ALSO The South 50 feet of Lot 7, Auditor's Subdivision No. 170 (Abstract) ALSO That part of Lot 7, Auditor's Subdivision #170, Hennepin County, lying South of the center line of alley separating Lots 1 to 6 from Lot 7, in said Auditor's Subdivision #170 extended Easterly to the Easterly line of said Lot 7 in said Auditor's Subdivision #170, also a perpetual joint right of way over that portion of Lot 7 lying North of said center line of said alley extended and lying Easterly of a line drawn from a point on the North line of Lot 7 distant 90 feet East from Northeasterly corner of Lot 6, said Auditor's Subdivision #170 to a point 20 feet East of the Southeast corner of said Lot 6 and then extending to the Northerly line of the above described portion of Lot 7, all in and a part of Lot 7, Auditor's Subdivision #170. (Abstract) ALSO That part of the Southwest Quarter of the Southwest Quarter, Section 13, TOwnship 117, Range 24, and that part of Lot 6, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the vacated alley dedicated in "McNaught's 2nd Addition to Mound, Lake Minnetonka", all described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds East along the West line of said Southwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds East 572.01 feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence South 02 degrees 43 minutes 32-seconds West 149.71 feet; thence South 89 - 1476- degrees 38 minutes 28 seconds East 100.00 feet; thence North 02 degrees 43 minutes 32 seconds East 149.77 feet; thence South 89 degrees 40 minutes 35 seconds East 113.10 feet; thence Southeasterly 490.37 feet along a tangential curve concave to the Southwest, having a radius of 1,450.37 feet and a central angle of 19 degrees 22 minutes 18 seconds; thence North 19 degrees 41 minutes 43 seconds East, not tangent to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East 16.10 feet to the intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southerly along said East line 621.57 feet to the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence Westerly 648.84 feet along the South line of said Southwest Quarter of the Southwest Quarter to a point 695.78 feet East of the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence Northerly 225.19 feet to a point 501.31 feet Easterly of the Southwest corner of Lot 11, Auditor's Subdivision No. 170, as measured along a line drawn from said Southwest corner of Lot 11 and parallel with the South line of said Southwest Quarter of the Southwest Quarter; thence continue Northerly along last described course 170.00 feet; thence deflect to the left 21 degrees a distance of 169.63 feet to the intersection with the Easterly extension of the centerline of Alley as dedicated in the plat of "McNaught's 2nd Addition to Mound, Lake Minnetonka"; thence Westerly along said center line to the intersection with the extension South of the East line of Lot 6, Auditor's Subdivision No.170; thence Northerly along said extension to the Southeast corner of said Lot 6; thence Westerly to the Southeast corner of the West 50.00 feet of 'said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot 6 to the North line of the South 10.00 feet of said Lot 6; thence Easterly along said North line to the East line of said Lot 6; thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the intersection with a line bearing South 02 degrees 43 minutes 32 seconds West from the point of beginning; thence North 02 degrees 43 minutes 32 seconds East 100.00 feet to the point of beginning. According to the recorded plat thereof, and according to the Government Survey thereof. (Torrens Certificate No. 679336) ALSO That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 117, Range 24, described as commencing at the Southwest corner of said Section 13; thence North along the West line thereof 665.21 feet; thence Easterly deflecting to the right 87 degrees 38 minutes, a distance of 630.65 feet to the actual point of beginning; thence South deflecting to the right, 92 degrees 22 minutes, a distance of 150 feet; thence Easterly, deflecting to the left 92 degrees 22 minutes, a distance of 100 feet; thence North, deflecting to the left 87 degrees 38 minutes, a distance of 150 feet; thence Westerly, deflecting to the left 92 degrees 22 minutes, a distance of 100 feet to the actual point of beginning. (Torrens Certificate No. 848408) ALSO The Southerly 300 feet of Block 4, Shirley Hills Unit F, according to the plat thereof on file or of record in the office of the Registrar of Titles Hennepin County, Minnesota. - 1477 - Said easement being 15 feet left and 65 feet right of a line described as follows: Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 13, Township 117, Range 24, Hennepin County, Minnesota; thence on an assumed bearing of North 03 degrees 09 minutes 53 seconds West along the west line of the Southwest Quarter of the Southwest Quarter a distance of 314.10 feet to the point of beginning of said line to be described; thence South 89 degrees 33 minutes 39 seconds East a distance of 106.85 feet; thence easterly a distance of 165.98 feet along a tangential curve, concave to the north, having a radius of 721.34 feet and a central angle of 13 degrees 11 minutes 03 seconds; thence northeasterly a distance of 74.06 feet along a compound curve, concave to the northwest, having a radius of 250.00 feet and a central angle of 16 degrees 58 minutes 21 seconds; thence easterly a distance of 106.15 feet along a reverse curve, concave to the southeast, having a radius of 300.00 feet and a central angle of 20 degrees 16 minutes 25 seconds; thence northeasterly a distance of 193.11 feet along a reverse curve, concave to the northwest, having a radius of 250.00 feet and a central angle of 44 degrees 15 minutes 26 seconds to a point hereinafter referred to as "Point A" and said line there terminating. Together with a permanent easement for trail, landscaping, docking facilities, and supporting improvements over, under and across the above described property. Said easements being 37 feet left and 65 feet right of a line described as follows: Beginning at the above described "Point A"; thence North 53 degrees 01 minutes 09 seconds East, not tangent to last described curve, a distance of 109.94 feet and said line there terminating. Together with a permanent easement for trail, landscaping, docking facilities, and supporting improvements over, under and across the above described property. Said easements being 15 feet left and 65 feet right of a line described as follows: Beginning at the termination of the last described line; thence North 46 degrees 34 minutes 09 Seconds East a distance of 13.83 feet; thence northeasterly, easterly and southeasterly a distance of 305.11 feet along a tangential curve, concave to the south, having a radius of 180.00 feet and a central angle of 97 degrees 07 minutes 15 seconds; thence South 36 degrees 18 minutes 36 seconds East tangent to last curve, a distance of 13.55 feet; thence southeasterly a distance of 134.21 feet along a tangential curve, concave to the southwest, having a radius of 292.00 feet and a central angle of 26 degrees 20 minutes 07 seconds; thence South 09 degrees 58 minutes 29 seconds East, tangent to last curve, a distance of 40.14 feet; thence Southeasterly a distance of 150.80 feet along a tangential curve, concave to the northeast, having a radius of 110.00 feet and a central angle of 78 degrees 32 minutes 59 seconds; thence South 88 degrees 31 minutes 28 seconds East, tangent to last curve, a distance of 31.17 feet; thence southeasterly a distance of 65.44 feet, along a tangential curve, concave to the southwest, having a radius of 100.00 feet and a central angle of 37 degrees 29 minutes 43 seconds; thence South 51 degrees 01 minutes 44 seconds East, tangent to last curve, a distance of 35.52 feet; thence southeasterly a distance of 76.74 feet, along a tangential curve, concave to the northeast, having a radius of 165.00 feet and a central angle of 26 degrees 38 minutes 49 seconds and said line there terminating. - 1478- C C Together with a permanent easement for trail, landscaping, docking facilities, and supporting improvements over, under and across the above described property. Said easements being 15 feet left and 15 feet right of a line described as follows: Beginning at the termination of the last described line; thence South 77 degrees 40 minutes 34 seconds East, tangent to last curve, a distance of 35.20 feet; thence southeasterly a distance of 81.15 feet, along a tangential curve, concave to the northeast, having a radius of 225.00 feet and a central angle of 20 degrees 39 minutes 49 seconds and said line there terminating. Together with a permanent easement for trail, landscaping, docking facilities, and supporting improvements over, under and across the above described property. Said easement being 35 feet left and 20 feet right of a line described as follows: · Commencing at the above described "Point A"; thence South 52 degrees 40 minutes 32 seconds East a distance of 53.70 feet to the point of beginning of said line to be described; thence southeasterly a distance of 172.20 feet along a nontangential curve, concave to the east, having a radius of 180.72 feet, a central angle 54 degrees 35 minutes 38 seconds, a chord of 165.76 and a chord bearing of South 19 degrees 27 minutes 20 seconds East and said line there terminating. Adopted by the City Council this 11th day of March, 2003. Attest: Bonnie Ritter, City Clerk Acting Mayor Mark Hanus C - 1479- 3N~'I N[]I~IV~ 'ON 'H'V'2'D -'~48o- C May 20, 2004 C Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364-1627 SUBJECT: CSAH 15 Improvements Feasibility Report MFRA #14831 Dear Mayor and Council Members: As requested, we are submitting a Feasibility Report for the reconstruction of County State Aid Highway 15. If you have any questions, or need additional information on anything in this report, we will be pleased to discuss this further with you at your convenience. Sincerely, MFRA John Cameron, City Engineer JC:rth Enclosure s:~nain:~Vlou 14831 :\Correspondence~nayor5 ~20 -1481 - CITY OF MOUND RESOLUTION NO. 04- RESOLUTION RECEIVING REPORT FOR THE CONSTRUCTION AND REALIGNMENT OF CSAH 15/110 WHEREAS, pursuant to resolution of the Council adopted April 27, 2004, a report has been prepared by McCombs Frank Roos Associates with reference to the construction and realignment of CSAH 15/110, and this report was received by the Council on May 25, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: The Council will consider the improvement of CSAH 15 (Shoreline Drive) on new alignment from 566 feet west of CSAH 15 (Commerce Boulevard) to Cypress Lane as well as adjoining portions of CSAH 110, city streets and driveways, and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,800,000. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 25th day of May, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1482- C~ CITY OF MOUND RESOLUTION NO. 04- RESOLUTION ORDERING IMPROVEMENT AND APPROVING PLANS FOR THE CONSTRUCTION AND REALIGNMENT OF CSAH 15/110 WHEREAS, a resolution of the City Council adopted April 27, 2004, fixed a date for a Council hearing on the proposed improvement of CSAH 15 (Shoreline Drive) on new alignment from 566 feet west of CSAH 15 (Commerce Boulevard) to Cypress Lane as well as adjoining portions of CSAH 110, city streets and driveways; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 25th day of May, 2004, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report accepted in Resolution No. 04-__. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted May 25, 2004. 3. Plans and specifications prepared by Hennepin County, McCombs Frank Roos Associates, and Hoisington Koegler Group, engineers for such improvement pursuant to Council resolution, a copy of which plans and specifications are made a part hereof, and hereby approved and shall be filed with the City Clerk. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. The foregoing resolution was moved by Councilmember Councilmember and seconded by The following voted in the affirmative: The following voted in the negative: Adopted by the City Council this 25th day of May, 2004. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel - 1483- THIS PAGE IS INTENTIONALLY LEFT BLANK - 1484- C C CITY OF MOUND RESOLUTION NO. 04- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,785,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,785,000 General Obligation Improvement Bonds, Series 2004A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements for the 2004 Street Reconstruction Project, the Retaining Wall Improvement Project 2004, and the Construction and Realignment of CSAH 15/110 Project which have been consolidated into the 2004 Street Reconstruction Project (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 10:00 A.M. this same day pursuant to the Terms of Proposal established for the Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Offer. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ ., plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. _ 1649072vl - 1485- 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 22, 2004, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered fi.om R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2006-2007 $95,000 2015 $115,000 2008 90,000 2016 120,000 2009 80,000 2017 115,000 2010 35,000 2018 110,000 2011-2012 140,000 2019 165,000 2013 170,000 2020 155,000 2014 160,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the 1649072vl 2 -1486- , C C C Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any 1649072v 1 - 1487- consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 1649072vl 4 - 1488- C~ 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2005, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2006 % 2014 2007 2015 2008 2016 2009 2017 2010 2018 2011 2019 2012 2020 2013 5. Redemption. All Bonds maturing on February 1, 2012, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2011 and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the 1649072v 1 5 - 1489- City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. , in Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1649072vl 6 - 14~0- UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2004A Interest Rate Maturity Date % February 1,__ Date of Original Issue June 22, 2004 CUSIP C REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2005, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in ., Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the 1649072vl-- 7 -1491 - book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2012 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2011, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue fi:om and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, fi:om the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 foreach number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,785,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2004A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully 1649072vl 8 - 1492- C registered Bonds of other Authorized Denominations in equal aggregate principal mounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and beating interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. C 1649072vl -- 9 - 1493- IN WITNESS WHEREOF, the City of Mound, Hermepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor ., Minnesota, Bond Registrar /s/ Facsimile CityManager By Authorized Signature 1649072vl 10 - 1494- ABBREVIATION~I The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) under the (State) (Minor) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT C For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) ~640072v~ - 11 - 1495- PREPAYMENT SCHEDULE- This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT. AUTHORIZED SIGNATURE OF HOLDER 1649072vl 12 - 1496- C C C 8. Execution; Temporary_ Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either the officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is June 22, 2004. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option °fthe Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 1649072vl -- 13 - 1497- any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instmrnent of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1~9~2vl ~ 14 - 1498- C 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2004A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 2005), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the City Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 2005; (v) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (vi) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vii) all investment earnings on funds held in the Debt Service 1649072vl -- 15 - 1499- Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of 5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the · Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than 20% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1 (3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified below: 1649072vl --- 16 - 1500- Improvement Designation Levy Collection Amount Years Years Rate $ % C At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the mounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, .to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if 1649072vl 17 -1501 - notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minirnis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditur~ or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) (d) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. 1649072vl 18_ -1502- Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Tax and Public Records of Hennepin County, Minnesota, together with such other information as the Director shall require, and to obtain the 1649072vi 1 9 --~ - 1503- Director's certificate that the Bonds have been entered in the Director's Bond Register and that the tax levy required by law has been made. 23: Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City shall Comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (a) the Bonds are issued by a governmental unit with general taxing powers, (b) no Bond is a private activity bond, (c) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; Code; the Bonds are not "private activity bonds" as defined in Section 141 of the 1649072vl 20 - 1504- (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2004 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2004 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The foregoing resolution was moved by Councilmember and seconded by Councilmember and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 1649072vl 21 505- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1,785,000 General Obligation Improvement Bonds, Series 2004A. WITNESS my hand on May__, 2004. Clerk 1649072vl 22 - 1506- C EXHIBIT A Bid Tabulation C 1649072vl -1507- CITY OF MOUND RESOLUTION NO. 04- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,675,000 GENERAL OBLIGATION REVENUE BONDS, SERIES 2004B AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Mound, Minnesota (the "City"), owns and operates a municipal water utility system (the "Water System"), a municipal sewer utility system (the "Sewer System"), and a municipal storm sewer utility system (the "Storm Sewer System" and, together with the Water System and the Sewer System, the "System"), as separate revenue producing public utilities and there are outstanding (i) $1,355,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated July 1, 2003, which are payable from the net revenues of the Water System and Sewer System and (ii) $1,585,000 original principal amount of General Obligation Bonds, Series 200lA, dated July 11, 2001, $760,000 original principal amount of which is payable from the net revenues of the Storm Sewer System and $570,000 original principal amount of which is payable from the net revenues of the Water System (together, the "Outstanding Bonds"); and B. WHEREAS, the City Council has heretofore determined that it is necessary and expedient to issue $1,675,000 General Obligation Revenue Bonds, Series 2004B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes Chapter 475, Section 444.075 to finance improvements to the System (the "Project") and individually, (i) the portion of the Project described as financing the water utility portion of the 2004 Street Reconstruction, CSAH 15, Well #8 and telemetry is hereinat~er referred to as the "Water System Project"; (ii) the portion of the Project described as financing the sewer utility portion of the 2004 Street Reconstruction, telemetry for Well #8 and slip lining for the sanitary sewer included in the street project is hereinafter referred to as the "Sewer System Project"; and (iii) the portion of the Project described as financing the storm sewer utility portion of the 2004 Street Reconstruction and CSAH 15 is hereinafter referred to as the "Storm Sewer System Project"; and C. WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers, at 10:00 A.M., this same day pursuant to the Terms of Offering established for the Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and 1649083vl - 1508- C C~ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ ., plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated June 22, 2004, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2005 2016 2006 2017 2007 2018 2008 2019 2009 2020 2010 2021 2011 2022 2012 2023 2013 2024 2014 2025 2015 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of 1649083v I 2 - 1509- complying with this requirement under paragraphs 6 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all 1649083vi 3 -1510- C notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-EntlW Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is 1649083vi 4 -1511- willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Cost. The Bonds shall provide funds to finance the Project in the City. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Allocation of Bonds to Water System Portion, Sewer System Portion and Storm Sewer System Portion; Allocation of Prepayments to Portions of Debt Service. The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Water System Project, the cost of which is attributable to the Water System (the "Water System Portion"). The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Sewer System Project, the cost of which is attributable to the Sewer System (the "Sewer System Portion"). The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Storm Sewer System Project, the cost of which is attributable to the Storm Sewer System (the "Storm Sewer System Portion"): Year Water System Sewer System Storm Sewer System Portion Portion Portion (Amount) (Amount) (Amount) 2005 2006 2007 2008 2009 2010 2011 2012 1649083vl -1512- C C 2013 2o14 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or any of the portions of debt service in such amounts as the City shall determine. If the source ora prepayment is excess net revenues of the Water System for the Water System Project, the prepayment shall be allocated to the Water System Portion of debt service. If the source of the prepayment is taxes levied or excess net revenues of the Sewer System for the Sewer System Project, the prepayment shall be allocated to the Sewer System Portion of debt service. If the source of the prepayment is taxes levied or excess net revenues of the Storm Sewer System for the Storm Sewer System Project, the prepayment shall be allocated to the Storm Sewer System Portion of debt service. 5. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2005, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2005 2016 2006 2017 2007 2018 2008 2019 2009 2020 2010 2021 2011 2022 2012 2023 2013 2024 2014 2025 2015 1649083vl 6 -1513- 6. Redemption. All Bonds maturing on February 1, 2013 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2012, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Registrar. ., in , Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 13. 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1649083vl 7 -1514- C UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND GENERAL OBLIGATION REVENUE BOND, SERIES 2004B Interest Rate Maturity Date Date of Original Issue February 1, 20 June 22, 2004 CUSIP C REGISTERED OWNER: CEDE & CO. PRINCI?AL AMOUNT: The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2005, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of ., in ., Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of 1649083vl 8 -1515- this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2013 and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2012, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,675,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to finance improvements to the municipal water system, the municipal sewer system and the municipal storm sewer system within the jurisdiction of the Issuer (together, the "System"). This Bond is payable out of the General Obligation Revenue Bonds, Series 2004B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 1649083vl 9 -1516- C C Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attomey duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the System at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds as they respectively become due, if the net revenues from the System, and 1649083vl 10 -1517- any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any Constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor ., Minnesota Bond Registrar /s/ Facsimile City Manager By Authorized Signature 1649083vl 11 -1518- ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) (Minor) Uniform Transfers to Minors Act under the (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1649083vl 12 -1519- PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 1649083vl 13 - '1520- C 9. Execution; Temporary_ Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is June 22, 2004. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 11. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 1649083vl 14 -1521 - any Bonds are so sm'rendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 12. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 14. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1649083vl 15 - 1522- 15. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. There is hereby established a special fund to be designated the "General Obligation Revenue Bonds, Series 2004B Fund" (the "Fund"), to be administered and maintained by the Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Accounts heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Accounts shall constitute or are referred to as "net revenues" until the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Finance Director of the City and'all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, capitalized interest and any unused discount. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the fund after completion of the costs shall be transferred to the Debt Service Account. (b) Debt Service Account. There shall be maintained three separate subaccounts in the Debt Service Account to be designated the "Water System Subaccount", the "Sewer System Subaccount" and the "Storm Sewer System Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the separate subaccounts of the Debt Service Account: (i) Water System Subaccount. To the Water System Subaccount there shall be credited: (i) the net revenues of the Water System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Water System Portion of the Bonds; (ii) a pro rata share of accrued interest received upon delivery of the Bonds; (iii) a pro rata share of capitalized interest ($ ), together with interest earnings thereon and subject to other adjustments as are appropriate to pay interest due on the Water System Portion of the Bonds on or before ; (iv) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (v) any collections of all taxes hereafter levied in the event the net revenues of the Water System and other funds herein pledged 1649083vl 16 - 1523- to the payment of the principal and interest on the Water System Portion of the Bonds are insufficient therefor; (vi) a pro rata share of all funds all funds remaining in the Construction Account after completion of the Water System Project and payment of the costs thereof; (vii) all investment earnings on funds held in the Water System Subaccount; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Water System Subaccount. The Water System Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Water System Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. (ii) Sewer System Subaccount. To the Sewer System Subaccount there shall be credited: (i) the net revenues of the Sewer System not otherwise pledged and applied to the payment of other obligations of the City, in an mount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Mirmesota Statutes, Section 475.61 for the payment of the principal and interest of the Sewer System Portion of the Bonds; (ii) a pro rata share of accrued interest received upon delivery of the Bonds; (iii) a pro rata share of capitalized interest ($ ), together with interest earnings thereon and subject to other adjustments as are appropriate to pay interest due on the Sewer System Portion of the Bonds on or before ; (iv) a pro rata share of any mount paid for the Bonds in excess of the minimum bid; (v) any collections of all taxes herein or hereafter levied in the event the net revenues of the Sewer System and other funds herein pledged to the payment of the principal and interest on the Sewer System Portion of the Bonds are insufficient therefor; (vi) a pro rata share of all funds all fimds remaining in the Construction Account after completion of the Sewer System Project and payment of the costs thereof; (vii) all investment earnings on funds held in the Sewer System Subaccount; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Sewer System Subaccount. The Sewer System Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Sewer System Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. (iii) Storm Sewer System Subaccount. To the Storm Sewer System Subaccount there shall be credited: (i) the net revenues of the Storm Sewer System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Storm Sewer System Portion of the Bonds; (ii) a pro rata share of accrued interest received upon delivery of the Bonds; (iii) a pro rata share of capitalized interest ($ ), together with interest earnings thereon and subject to other adjustments as are appropriate to pay interest due on the Storm Sewer System Portion of the Bonds on or before ; (iv) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (v) any collections of all taxes herein or hereafter levied in the event the net revenues 0fthe Storm Sewer System and other funds herein pledged to the 17 1649083vi - 1524- C payment of the principal and interest on the Storm Sewer System Portion of the Bonds are insufficient therefor; (vi) a pro rata share of all funds remaining in the Construction Account after completion of the Storm Sewer System Project and payment of the costs thereof; (vii) all investment earnings on funds held in the Storm Sewer System Subaccount; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Storm Sewer System Subaccount. The Storm Sewer System Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Storm Sewer System Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Accounts or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 17. Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. 18. Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of interest on the Bonds and the Outstanding Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds for the payment of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 19. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will 1649083vl - 18 - 1525- impose and collect charges for the service, use, availability and connection to the System at the times and in the mounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the ~'Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for 19 164b083vl - 1526- the Project, defined in the Reimbursement Regulations to include eng/neer/ng or arch/tectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis mount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of 18 months after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service, but not more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these 1649083vl 20 - 1527- covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such · modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Tax and Public Records of Hennepin County, Minnesota, together with such other information as the Director shall require, and to obtain the Director's certificate that the Bonds have been entered in the Director's Bond Register. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 27. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment 1649083vl 21 - 1528- C C earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (a) the Bonds are issued by a governmental unit with general taxing powers, (b) no Bond is a private activity bond, (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 28. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2004 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2004 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 30. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. - 22 1649083vl - 1529- 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The foregoing motion was moved by Councilmember and seconded by Councilmember and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 1649083vl 23 - 1 530' C; STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1,675,000 General Obligation Revenue Bonds, Series 2004B. WITNESS my hand on May ,2004. Clerk 1649083vl 24 -1531 - EXHIBITA Bid Tabulation 1649083vl 532- C; C CITY OF MOUND RESOLUTION NO. 04- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $500,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $500,000 General Obligation Equipment Certificates, Series 2004C (the "Certificates" or individually, a "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various items of capital equipment for the City (the "Project") and each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the mount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City ($ times 0.25% is $ ); and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota CEhlers"), as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the offices of Ehlers, at 10:00 A.M., this same day pursuant to the Terms of Proposal established for the Certificates; and E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Motmd, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Certificates are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Certificates shall be dated June 22, 2004, as the date of original issue, shall be issued forthwith 1649174v 1 - 1533- on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on the maturity dates and in amounts as follows: Maturity Date Amount 12/01/2005 $ 95,000 12/01/2006 100,000 12/01/2007 100,000 12/01/2008 100,000 06/01/2009 105,000 As may be requested by the Purchaser, one or more term bonds may be' issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action 1649174vi 2 - 1534- taken by the Depository as the Register Holder of any Certificates (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Certificate issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent 1649174vl - 1535- possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2004, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity dates as follows: 1649174vi 4 - - 1536- Maturity Year Interest Rate 12/012005 12/012006 12/012007 12/01/2008 06/01/2009 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Registrar. ., in , Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appoimed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1649174vl 5 - 1537- UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C Interest Rate Maturity Date Date of Original Issue CUSIP June 22, 2004 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Mound, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2004, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of , in , Minnesota (the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the _"Holder") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book-entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. 1649174vl 6 -1538- No Redemption. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $500,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on May 25, 2004 (the "Resolution"), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2004C Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. 1649174vl 7 - 1539- Qualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: Payable at: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. Registr~,r , Minnesota By Authorized Signature CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager 1649174vi 8 - 1540- C ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the (Cust) (Minor) Transfers to Minors Act (State) Uniform Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 1649174vl 9 - 1541 - 8. Execution; Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is June 22, 2004. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated 1649174vl 10 - 1542- maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so sun'endered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The City Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 1649174vi 11 - 1543- 14. Delivery; Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2004C Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued received thereon, and less any amount paid for the Certificates in excess of the minimum bid, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before December 1, 2004). From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (e) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid; (iii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Certificates on or before December 1, 2004); (iv) all taxes herein and hereafter levied for the payment of the Certificates; (v) all funds remaining in the Capital Account after the payment of all costs of the Project; (vi) all investment eamings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield 1649174vi 12 - 1544- C restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of gectlon 149(b3 of the Internal ]~evenue Code of l~)~tg, as amended (t~e 'l~odett). 17. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified bylaw as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 19. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 1649174vl 13 -1545- 20. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository CSID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Certificates in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistem with the requirements under the Rule, (ii) required by the Purchaser of the Certificates, and (iii) acceptable to the Officers. 21. Certificates of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Tax and Public Records of Hennepin County, together with such other information as the Director shall require and to obtain fi'om the Director of Property Tax and Public Records a certificate that the Certificates have been entered in the Director's Bond Register and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and 1649174vl 14 - 1546- C~ C affidavits, including any heretofore furn/shed, shall be deemed representations of the City as to the facts recited therein. 23. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functiOnal description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 1649174vl 15 - 1547- 24. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Certificates; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (a) requirements relating to temporary periods for investments, Cc)limitations on amounts invested at a yield greater than the yield on the Certificates, and (c) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 'or less of bonds, the City hereby finds, determines and declares that (a)the Certificates are issued by a governmental unit with general taxing powers, (b) no Certificate is a private activity bond, (c) ninety-five percent or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (d) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; Cc) Code; the Certificates are not "private activity bonds" as defined in Section 141 of the (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2004 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2004 have been designated for purposes of Section 265(b)(3) of the Code. 1649174vl 16 - 1 548- G; The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions hereof. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The foregoing resolution was moved by Councilmember and seconded by Councilmember and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 1649174vl 17 - 1549- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, tree and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to authorizing the issuance and awarding the sale of $500,000 General Obligation Equipment Certificates, Series 2004C. WITNESS my hand on May ,2004. Clerk 1649174vl - 1550- EXHIBIT A Bid Tabulation C 1649174vl A-1 - 1551 - 5341 Maywood Road Mound, MN 55364 (952) 472-3190 EXECUTIVE SUMMARY- ADDENDUM NO. 3. TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: May 6, 2004 SUBJECT: Proposed Text Amendments to City Code - Temporary Structures Membmne BACKGROUND At its May 11, 2004 meeting, the City Council continued the review of the proposed text amendment to the Zoning Ordinance to regulate membrane structures. Specific issues included the following: · Removal of the 180-day restriction for membrane structures. · Establishment of a minimum 3-foot setback on all sides. · The location of the existing structure at the Public Works facility located on Lynwood Boulevard. · Allowing the use of membrane structure in the commercial and industrial districts. COMMENTS Respectfully, Staff offers the following additional comments: Staff has prepared a revised draft of the proposed ordinance to reflect the suggested changes from the City Council and City Attorney -I'iedjen that has been prepared in "highlighted / strikeout" form. Additionally, a copy of the previous draft of the proposed ordinance has also been included as requested by Mayor Meisel. Public Works Supt. Skinner has verified that the existing membrane structure, which is located on the inside of the fence, is approximately 4 feet from the east (side) lot line and 5 feet from the south (front) lot line. Therefore, the City's existing building would be conforming with the proposed 3-foot setback. - 1552- C CITY OF MOUND ORDINANCE NO. -200 AN ORDINANCE AMENDING SECTION 350:310 (DEFINITIONS) AND 350:435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO ADOPT REGULATIONS REGARDING THE PLACEMENT OF ~ MEMBRANE STRUCTURES The City of Mound does ordain: Subsection 350:310 (Definitions) of the Mound City Code is hereby amended to add a new definition for T~:~a,w-Membrane Structure as follows: A t~structure usually consisting of an aluminum, steel or plastic frame which is covered with a plastic, fabric, canvas or similar non-permanent material and is used to provide temper~ry-storage of vehicles, boats, recreational vehicles or other personal property. The term shall also apply to tcmporaG' structures commonly known as hoop houses, canopy-covered carports and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public water= Subsection 350:425 (Accessory Buildings) of the Mound City Code is hereby amended to add a new Subdivision 8 --Temperary-Membrane Structures as follows: Permit Procedure. No person shall place a ~membrane structure on private property without first obtaining a permit from the City. ~ ~' ...... * ~"d ....... " Failure to obtain a permit or to ~., ~shall be considered to be a violation of the Ci~ Code and subject to the penalties defined therein. Fee. The permit fee shall be determined by the City Council as set forth in City Code Chapter ~nn ,.. h,, ,~;,,o,,,.,~ qRfl C. Special Provisions. :~ M__membrane-covered buildings shall be permitted uses in all residential, commercial and industrial districts and shall be neutral colored (ie. dark green, tan, brown, etc.). 1 - 1553- ho There shall be no more than one (1) ~membrane- structure ........ shall eeveredstructure....,,..,, ~'' ,;l~lin,~,~ per property and such not exceed 400 square feet. :~emt~s-Rf-Mmembrane structures ........ shall not be placed on public property or in a location Which obstructs traffic visability. ~Mmembrane-_eever-ed structures shall meet the 3-foot front, side and rear minimum setback requirement. :Femt~-R~M_membrane structures shall also be included in hardcover calculations ~ ..... ;'~'"*;"~ ..... '+; .... '~ ..... * ..... ,~ [,~m p~rccnt ~- ~*- ~ record ~-~/~nx ~ ..... ~*" cf record. Membrane sStructures shall be adequately anchored and/or secured to the ground. i. Membrane structure shall be placed a minimum setback of three (3) feet on all sides. Passed by the City Council this Published in The Laker the Effective on day of day of ,200 . 200_. ,200 . Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 - 1554- C: CiTY OF MOUND ORDINANCE NO. -200 AN ORDINANCE AMENDING SECTION 350:310 (DEFINITIONS) AND 350:435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO ADOPT REGULATIONS REGARDING THE PLACEMENT OF TEMPORARY MEMBRANE STRUCTURES The City of Mound does ordain: Subsection 350:310 (Definitions) of the Mound City Code is hereby amended to add a new definition for Temporary Membrane Structure as follows: A temporary structure usually consisting of an aluminum, steel orplastic frame which is covered with a plastic, fabric, canvas or similar non-permanent material and is used to provide temporary storage of vehicles, boats, recreational vehicles or other personal property. The term shall also apply to temporary structures commonly known as hoop houses, canopy-covered carports and tent garages and can be fully or partially covered. Subsection 350:425 (Accessory Buildings) of the Mound City Code is hereby amended to add a new Subdivision 8 - Temporary Membrane Structures as follows: Permit Procedure. No person shall place a temporary membrane structure on private property without first obtaining a permit from the City. Each structure placed in accordance with this section shall be issued a placard that must be prominently displayed indicating the date of placement and removal. Failure to obtain a permit or to post the placard shall be considered to be a violation of the City Code and subject to the penalties defined therein. Bo Fee. The permit fee shall be determined by the City Council as set forth in City Code Chapter 500 or by ordinance. C. Special Provisions. Temporary membrane-covered buildings shall be permitted uses in all residential districts and shall be neutral colored (ie. dark green, tan, brown, etc.). b. There shall be no more than one (1) temporary membrane-covered building per property which shall not exceed 400 square feet. 1 -1555- Temporary membrane-covered buildings shall not be placed on public property or in a location which obstructs traffic visability. d. Temporary membrane-covered structures shall meet the appropriate setbacks for accessory buildings as set forth in the Zoning Ordinance. so Temporary membrane structures shall also be included in hardcover calculations for residential properties and cannot exceed (40) percent for lots of record and (30) for non-lots of record. f. Hardcover regulations shall also apply to temporary membrane- covered structure. g. Structure shall be adequately anchored and/or secured to the ground. Temporary membrane-covered buildings shall not be placed on residential property for more than (180) days within a (12) month period on a single premises unless an extension has been applied for (30) days prior to the expiration and is approved by the City Council Passed by the City Council this day of 200_. Published in The Laker the day of ,200_. Effective on ,200 . Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 2 - 1556- .Wv'l(7 '~7/6 7 ~7 CT O OA4 /V/< 7 .... O0 '0 ~'/ .... 1'02 MINUTES MOUND ADVISORY PLANNING COMMISSION MAY 3, 2004 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:06 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Becky Glister, Cklair Hasse, David Miller, Greg Raines, Jon Schwingler and Dave Osmek. Absent and excused: Michael Mueller; Staff present: Community Development Director Sarah Smith, Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander. The following individuals were present: Allison Fish (4629 Hampton Rd); Phil Bowman (1717 Finch La); Eva Hasch (4804 Northern Rd); David Wiegert (4065 Quaker La, Plymouth); Jeff Hanratty (1749 Bluebird La) APPROVAL OF APRIL 197 2004 MEETIN~J~NUTES It was noted that Greg Raines was liste~ present and absent. Change status to absent and unexcused. MOTION by Hasse, second by Schwingler, to approve the minutes of the April 19, 2004 Planning Commission meeting with the requested change. MOTION carried unanimously. MOTION by Glister, second by Schwingler, to table the minutes for the joint City Council/Planning Commission meeting on April 26. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS MOTION by Schwingler, second by Raines, to approve the agenda as presented. MOTION carried unanimously. BOARD OFAPPEAL~ CASE #04-08 VARIANCE DECK/PORCH CONSTRUCTION 1749 BLUEBIRD LANE- JEFF HANRATTY The applicant has submitted a variance request to remodel the existing deck and porch. The porch will be larger. The variance is needed because of the existing rear yard - 1 562 - Planning Commission Minutes May 3, 2004 setback of 8.6 feet. Required setback is 15 feet. Findings in support of the variance request include: 1. The applicant did not create the existing property condition. 2. The rear yard setback maintains the existing setback of the current house and porch. 3. The placement of the proposed porch is a logical location. 4. The proposed porch will not increase the current level of nonconformity. 5. The proposed porch will add to the livability of the house. Staff recommends approval of the variance with the following conditions: 1. The City Engineer review grading and drainage iSsues at the time of building permit application. 2. The applicant shall be responsible for the payment of all costs associated with the variance request. 3. The applicant shall be responsible for all necessary building permits. Discussion General discussion ensued regarding the e~-~g and proposed conditions on the site. Jeffrey Hanratty (applicant) clarified a f~ues on the site drawing. Ayaz made the point that he would like<~)o see the deck reconstruCted conforming. Staff responded by indicating the rear setback for a deck was 10 feet making the proposed deck conforming. Hanratty was confused about the Commission's comments. The original plan was to add on to the existing structure with the least amount of change. He would like to maximize the porch structure because of the weather constraints. MOTION by Osmek, seconded by Schwingler, to recommend Council approve the variance as proposed. Osmek amended the motion, seconded by Schwingler, to require any exterior open deck to be conforming in all respects. MOTION carried unanimously. CASE #04-09 VARIANCE REMODEL/ADDITION 1717 FINCH LANE- PHILIP BOWMAN The applicant requests a front yard variance to build a second level bedroom over the existing entry. The bedroom would cantilever 3 feet toward Finch Lane reducing the setback from 7 to 4 feet. In addition, the applicant will be residing the home to update its appearance. - 1563- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director May 20, 2004 Planning Commission Preliminary Report - Lake Access for Parcels Which are Physically Separated / Subdivision Procedures Background. At its April 13, 2004 meeting, the City Council discussed the City's subdivision procedures and whether splitting off a portion of a lakeshore parcel which would be tax-combined with an adjacent non-lakeshore parcel for the purpose of providing lake access was possible. Based on its review, the City Council requested that the matter be referred to the Planning Commission for discussion. Additionally, the item was included on the 2004 project list as discussed at the April 26, 2004 joint workshop. Planning Commission Review. The matter was preliminarily reviewed by the Planning Commission at its May 17th meeting. While the Planning Commission is not adverse to the concept, discussion took place about whether the "dock lot" should meet the minimum lot area of the zoning district so as to not create a nonconforming lot. It is important to note that while the new "dock lot" being created physically may not meet the minimum size, it would be tax-combined with the adjacent property. The Planning Commission also discussed the need for modifications to the subdivision regulations and directed Staff to bring back some proposed language for consideration. A copy of the minute excerpts (draft) from the May 17th meeting have been included. Staff would like to request additional discussion with the City Council regarding this item and also offers the following comments: LMCD Staff indicated that the "dock lots" would be subject to the provisions of the LMCD Code. Members of the City Council are advised grandfathering provisions may be affected for properties that are subdivided. -1558- Planning Commission Minutes May 3, 2004 c. Preliminary discussion of 2004 project list items · Front setback requirement from unimproved public streets One of the issues is the undeveloped street that acts more like a side yard but, according to the code, requires a double front setback as a corner lot because it is dedicated public right of way. Do we want to make a code change allowing a side setback in these cases or do we want to evaluate each one as they come up? Mueller felt that making a front setback requirement in these cases is ridiculous. Doing an inventory of the unimproved streets for potential for improvement and establishing a specific setback in those cases makes sense. · Lake access for parcels which are physically separated - applicable subdivisior~=::::~~. procedures Presently, the City's subdivision regulations generally contemplate the creation of buildable parcels that conform to the ordinance but do not appear to prevent the creation of "other" types of parcels, such as "dock lots". Private agreements between property owners could likely be undertaken to provide lake/dock access. Dock location or installation would be subject to the regulations of the LMCD. Discussion took place about making the lots subject to the minimum lot size requirement for the specific zoning district before the subdivision would be allowed. Additionally, clarifications to the subdivision ordinance to tighten up the requirements would also likely be needed. The change would affect some lots on CR 125, CR 144, Black Lake and Seton have a few parcels, Langdon has a few that are not as critical at this point. A few up off of West Arm. Even though there is potential for many parcels to be subdivided in the city but the LMCD currently wouldn't give out dock licenses for just any size of lot. Raines felt some if these regulations would restrict the development of currently vacant parcels within the city. Mueller brought up several scenarios regarding development of the individual parcels that would need to be addressed in the process. Staff was instructed to bring back some language for consideration. - 1559- 5341 Maywood Road Mound, MN 55364 (952) 472-3190 MEMORANDUM To: From: Date: Re: Planning Commission Sarah Smith, Community Development Director May 13, 2004 Agenda Item No. 6C - 2004 Projects List Lake Access - Physically Separated Lots Recently, Staff has received a number of inquiries regarding the City's subdivision procedures and how to split off a portion of a lakeshore parcel which would be tax- combined with a non-lakeshore parcel for the purpose of providing lake access. For example, a property exceeding the minimum requirements may consider splitting off a portion of his / her lot for the purpose of assigning it to an adjacent parcel which does not include lake frontage. Specifically, there are a number of parcels in Mound which include property on two sides of a City street and/or County road which include lakeshore on one side which could be split off independently and/or combined with an adjacent parcel for the purpose of providing lake access. If the Planning Commission recalls, the matter was discussed at a recent City Council meeting who requested that the issue be referred to the Planning Commission for review and discussion. Preliminary Staff Comments: Presently, the City's subdivision regulations generally contemplate the creation of buildable parcels which conform to the Zoning Ordinance but does not appear to prevent the creation of "other" types of parcels. It is important to note that private agreements between property owners could likely be undertaken to provide lake / dock access. Dock location / installation would be subject to the regulations of the LMCD. 3. Staff has begun discussions with LMCD Staff regarding the matter. o If appropriate, the Planning Commission should discuss whether or not the subdivision ordinance needs to be revised to reference this type of subdivision. - 1560 - 330.00 Mound City Code Section 330 - PLATTING AND SUBDIVISION REGULATIONS 330.01 Purpose. The process of dividing'raw land into home sites, or separate parcels for other uses, is one of the most important factors in the orderly growth of any community. Few activities have a more lasting effect upon its appearance and environment. Once the land has been subdivided and the streets, homes and other structures have been constructed, the basic character of this permanent additionto-the community has become firmly established. It is then virtually impossible to alter its basic character without substantial expense, in most subdivisions, roads and streets must be maintained and various public services must be provided. The welfare of the entire community is thereby affected in many important respects. It is, therefore, to the interest of the general public, the developer and the future owners that subdivisions be conceived, designed and developed in accordance with sound rules and proper standards. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of these regulations to: 1. encourage well planned, efficient and attractive subdivisions by establishing reasonable standards for design and construction; 2. provide for the public health, safety and general welfare of residents by requiring properly designed streets, park land and adequate sanitary sewer, storm sewer and water service; 3. place the cost of improvements against those benefiting financially from their construction; and 4. secure the rights of the public with respect to public lands and waters. The Council of the City .of Mound deems these regulations to be necessary for the preservation of the health, safety and general welfare of this community. These regulations have been developed under the authority contained in Section 462.358, Minnesota Statutes Annotated (M.S.A.), and are supplemented by appropriate sections of Chapter 505, M.S.A., as indicated. 330.05 Definitions. Subd. 1. Block - A tract of land bounded by streets, or by a combination of streets and public parks, railroad rights-of-way, shoreline of waterways, or boundary · lines of municipalities. Subd. 2. Boulevard - That portion of the street right-of-way between the curb line and the property line. - 618/03 - 1561 - Planning Commission Minutes May 3, 2004 Staff recommends denial of the variance with the following points of support: 1. The proposed setback of 4 feet further encroaches on the front yard setback. 2. It has not been adequately demonstrated that the proposed room addition could be accommodated in some other manner that wouldn't exacerbate the existing conditions. 3. Other reasonable alternates may be available to accomplish the intended outcome. Discussion Ayaz asked to clarify if outgrowing a house creates a hardship? Gordon indicated that would be a self-imposed condition not a hardship by definition. Philip Bowman (applicant) - The house is about 100 years old. He feels the hardship is the reality of a third child. The additional bedroom is a minimal size. Miller observed that the impact on the lake view for other Finch Lane residents would be significant. It was agreed that the look and usability of th?,~ouse would be vastly improved. MOTION by Osmek, seconded by Rain~~able action until May 17. MOTION carried unanimously. CASE #04-10 VARIANCE DECK REPLACEMENT 4804 NORTHERN ROAD - EVA HASCHIGREG LUNDE The applicant, Greg Lunde of Annointed Carpentry, has requested a variance to repair and replace an existing deck. A small portion of the deck on the northwest side does not meet the required 50-foot lakeshore setback. The requested variance requested is 5 feet. Staff wishes to point out that the original construction approval occurred before the hardcover and 50-foot setback from the OHW regulations were in place. Staff recommends approval of the proposed variance subject to the following conditions: 1. The lakeside deck shall be located in the same location and shall not encroach further into the lakeshore setback area. 2. Applicant shall be responsible for payment of all costs associated with the land use request. 3. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. 4. Applicant shall be required to submit all required information upon submittal of the building permit application. - 1564- Planning Commission Minutes May 3, 2004 5. Applicant shall be responsible for procurement of any and/or all permits. 6. Application shall be subject to comments and recommended .conditions from City Staff. Discussion Greg Lunde, (Applicant) indicated that the gravel driveway could be pared back to reduce hardcover, if necessary. MOTION by Osmek, seconded by Miller, to recommend Council approve the variance as recommended. MOTION carried unanimously. CASE #04-11 VARIANCE GARAGE ADDITION 4679 HAMPTON ROAD - ALLISON FISH/SCOTT FREDRICKSON The applicants have requested a side setback variance to allow construction of a 2-car garage addition to the home. The requested variance is 10 inches on the west side of the structure. The pro~,o, se.,d addition is approximately 22'~'~'. The applicants are also planning to add a 16 x 6 patio below the existing de~t is located in the SE corner of the house. approval of the var~'~subject to the following conditions: Staff recommends 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans and/or building permits is included as part of this action in the event the variance application is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit application. 4. Applicant shall be responsible for procurement of any and/or all permits. 5. Application shall be subject to comments and recommended conditions from City Staff. MOTION by Miller, seconded by Ayaz, to recommend Council approve the variance. MOTION carried unanimously. OLD I NEW BUSINESS Reschedulin~ of July 5th Meeting - Consensus was to reschedule to July 12th. Staff Update - Smith gave a brief overview of current issues and updates. Council Update - Osmek addressed the downtown traffic issue as well as the ordinance regarding "hoop houses" that was stalled at the Council level. - 1565- Planning Commission Minutes May 3, 2004 ADJOURNMENT MOTION by Hasse to adjourn. Seconded and carried by affirmation at 9:09 p.m. Chair Geoff Michael Attest, Planning Secretary - 1566- MINUTES MOUND ADVISORY PLANNING COMMISSION MAY 2004 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:05 p.m. ROLL CALL Those present: Chair"Geoff Michael; Commissiorrers.diieckyGlister,-Cklair H asse, David Miller, Michael Mueller, and Greg Raines. Absent and Excused: Jon Schwingler, Jori Ayaz, Dave Osmek; Staff present: Planning Consultant Loren Gordon, and Recording Secretary Jill Norlander. The following individuals were present: Phil Bowman (1717 Finch Lane), Mark Krawiecky (1736 Shorewood Lane) APPROVAL OF APRIL 26~ 2004 AND MAY 37 2004 MEETING MINUTES MOTION by Mueller, second be Hasse, to accept the minutes of the April 26, 2004 meeting as presented. MOTION carried unanimously. A change was noted on Page 5, item 2 on the May 3, 2004 minutes. Add the word not to read "could not be accommodated. MOTION by Glister, second by Miller, to approve the minutes of the May 3, 2004 Planning Commission meeting as amended. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS Agenda was not amended. BOARD OF APPEALS CASE #04-09 VARIANCE (CONTINUED FROM 5~3~04) REMODEL/ADDITION 1717 FINCH LANE - PHILIP BOWMAN Applicant has revised the original plan to expand the 2nd story addition on the north/ south sides and decrease the east/west measurement. Front setback is going to be maintained as it currently exists at 7 feet; Staff recommended approval with the following conditions: - 1567- Planning Commission Minutes May 3, 2004 1. The City Engineer review grading and drainage issues at the time of building permit application. 2. The applicant shall be responsible for the payment of all costs associated with the variance request. 3. The applicant shall be responsible for all necessary building permits. Discussion Discussion ensued about the expansion of a non-conformance when there is lot area available for a conforming addition. It was pointed out that this short block has a number-of-ne n ~co nferm-ing ..... '~; ........... ~,, ,.,~, ...... 2_m d-that *~';,, ,,,, .... ,,, ,,.. is ""*, ,,,, ....... I. MOTION by Raines, second by Miller, to recommend Council approve the variance with recommendations. MOTION carried. Voting for: Glister, Miller, Raines and Mueller. Voting against: Hasse and Michael Findings of Fact 1. This street is more conducive to these modifications due to a number of non- conforming properties on the block. 2. Existing non-conforming setback is not likely to change 3. Floor plan is conducive to having the addition in the proposed place. OLD / NEW BUSINESS a. Review of survey for 1736 Shorewood Lane Application has been made for a variance to replace a deck on the lakeside of the home. Upper level was altered and, in the process, the deck was removed with intent to replace. MOTION by Mueller, second by Raines, to accept the survey for use in a future variance request. MOTION carried unanimously. b. Review of proposed zoning amendment - lakeshore setback requirement in the Pedestrian District for commercial and mixed-use structures. MOTION by Mueller, second by Miller, to recommend acceptance of the change as proposed. MOTION carried unanimously. - 1568- Planning Commission Minutes May 3, 2004 c. Preliminary discussion of 2004 project list items · Front setback requirement from unimproved public streets One of the issues is the undeveloped street that acts more like a side yard but, according to the code, requires a double front setback as a corner lot because it is dedicated public right of way. Do we want to make a code change allowing a side setback in these cases or do we want to evaluate each one as they come up? Mueller felt that making a front setback requirement in these cases is ridiculous. establishing a specific setback in those cases makes sense. · Lake access for parcels which are physically separated - applicable subdivision procedures Presently, the City's subdivision regulations generally contemplate the creation of buildable parcels that conform to the ordinance but do not appear to prevent the creation of "other" types of parcels, such as "dock lots". Private agreements between property owners could likely be undertaken to provide lake/dock access. Dock location or installation would be subject to the regulations of the LMCD. Discussion took place about making the lots subject to the minimum lot size requirement for the specific zoning district before the subdivision would be allowed. Additionally, clarifications to the subdivision ordinance to tighten up the requirements would also likely be needed. The change would affect some lots on CR 125, CR 144, Black Lake and Seton have a few parcels, Langdon has a few that are not as critical at this point. A few up off of West Arm. Even though there is potential for many parcels to be subdivided in the city but the LMCD currently wouldn't give out dock licenses for just any size of lot. Raines felt some if these regulations would restrict the development of currently vacant parcels within the city. Mueller brought up several scenarios regarding development of the individual parcels that would need to be addressed in the process. Staff was instructed to bring back some language for consideration. - 1569- Planning Commission Minutes May 3, 2004 d. Next meeting dates: June 7th, June 21st and July 12th Suggestion was made to cancel the first July meeting and go with the 19th unless a first meeting is critical. e. City Council update - Councilman Osmek was not in attendance. f. Staff update - Gordon expanded upon the Staff Update as submitted in the packet. ADJOURNMENT MOTION by Hasse to adjourn. Seconded and carried by affirmation at 9:42 p.m. Chair Geoff Michael Attest, Planning Secretary -1570- Review Request Item #: $ SKETCH PLAN / REZONE / COMP PLAN AMENDMENT REVIEW: Request from Halsted Point L.L.C. to redevelop property at 6701 County Road 110 West, and to rezone said property from R2 (single family residential) to R5 (multi family residential) Halsted Pointe L.L.C. is seeking to redevelop the existing trailer Court on County Road 110 West. Attached you will find the sketch plan illustrating the proposed seven multi- family units within both Mound and Minnetrista. In conjunction with a sketch plan review, they are also seeking the following: 1) A rezone of the property fi:om R2 (single family residential) to R5 (multi family residential). This rezoning would allow for their proposed 48 condmninktm town-homeunits(appr-oximate!y ll-A3 m,,its-per aore): 2) To accommodate the rezone request, the City's comprehensive plan would need to be amended to create a new residential land use classification of"high (multi family)" to allow between 9 and 12 units per acre. Additionally, 6701 County Road 110 West would need to be assigned this new land use classification. Also attached is the applicant, s variance narrative for the following questions: a. A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engirteer, surveyor, and any other relevant associates; b. A listing of the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s); c. A description of the land's current characteristics (i.e. rolling hills, streams, wetlands, beautiful views, mature woods, etc.); d. Information on the proposal: i. A narrative explaining the intent of the project ii. The proposed name of the subdivision iii. Number'Of lots iv. Description of proposed parks and/or open space v. Discuss proposed infi:astmcture extensions e. A statement showing the proposed density of the project with the method of calculating said density shown; f. A description of how conflicts with nearby land uses (livability, value, potential future development, etc.) and/or disturbances to wetlands or natural areas are being avoided or mitigated; g. A brief statement on the proposed ownership and maintenance of public and private open space areas; h. A narrative addressing concerns/issues raised by neighboring properties (staff always suggests discussing your proposal with the neighboring land owners to get a sense of what issues may arise as your application is processed); -1571 - i. A proposed development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space areas). j. Provide justification that the proposal will not place an excessive burden on roads (traffic), sewage, water supply, parks, schools, fire, police, or other public facilities/services (including traffic flows) in the area. - 1572- Written Statements Halstead Pointe LLC Sketch Plan Application April 23, 2004 A listing of contact information including name(s), address(es) andphone · number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor and any other relevant associates; Owner of record: Lake Miunetonka Highlands LLC 6542 Regency Lane, #203 Eden Prairie, MN 55425 Purchasing entity: Halstead Pointe LLC Craig Fink 2373 East Old Shakopee Rd Bloomington, MN 55425 612-385-2252 Project Manager: KMJ Management LLC Stephen John.qon 9909 South Shore Drive Plymouth, MN 55441 612-384-4218 Architect: Harriss Architects John Harriss 33'1 Second Ave N Minneapolis, MN 55401 612-339-2190 Civil Engineer: James R. Hill, Inc Joel Cooper 2500 West County Rd 42 Burnsville, MN 55337 952952-890-6044 Surveyor: MFRA Henry Nelson - 1573- 15050 23r~ Ave N Plymouth, MN 55447 763-476-6010 Environmental & Geo-technical Engineer Braun Intertee Mike Heuer 11001 Hampshire Ave S Bloomington, MN 55438 952-995-2258 Sales & Marketing Anne Hunt/Jay Nord 952-476-5399/952-927-1119 A listing of the following site data: Address, current zoning, parcel size in acres and square fee6 property identification numbers (PID) and current legal description(s); ' The proposed development consists of two PID's straddling the Mound and Minnetrista boundaries. 6701 County Rd 110 W PID # 22-117-24-43-0002 COM ON THE NWLY LINE OF HALSTEAD AT A PT 520 8/10 FT N'ELY FROM THE MOST WLY COR OF HALSTEAD PARK TH NWLY LINE OF HALSTEAD 182,118 sq.ft = 4.181 acres 6639 Bartlett Blvd PID# 22-117-24-43-0007 HALSTEAD HEIGHTS, LOTS 1, 2 & 3 74,755 sq.ff = 1.716 acres Property is currently zoned Residential, R-2 / Mobile Home Park Parcel is approximately 5.897 acres/256,873 sq. ft. c) A description of the land's current characteristics (i.e. rolling hills, streams, wetlands, beautiful views, mature woods, etc); The site is wooded with sloping topography from County Rd 110 down to Halstead's Bay. There is a pocket of mature, native trees in the NE comer of the property. The majority of the remaining property is covered with Boxelder and Poplar. There is a bluff line that was created when the street and utility improvements were done a number of - 1574- years ago. Prior to that point the property was farmland that sloped more unifomaly down to the lake. The upper portion of the property has views of Halstead Bay. d) Information on the proposal: i) A narrative explaining the intent of the project The proposed project consists of seven-eight unit buildings (6 in Minnetrista and I in Mound) for a total of 56 condominium town-homes. The buildings will be designed to look like "old Lake Minnetonka" style mansions or resorts. There will be 4 units spaced along the upper (north) side of the property and 3 units along the lower (south) portion. Every effort will be made to have the buildings blend in with the natural topography and feel like they belong on the site. The proposed name of the subdivision Halstead Pointe Number of lots N/A Description of proposed parks and/or open space Halstead Pointe will attempt to preserve as much open space as possible. The area between the upper and lower buildings will be designed as a community "green" area with extensive ponding and landscaping. The shoreline will be natural vegetation with an area for picnics, a gazebo and a small dock. Discuss proposed infrastructure extensions County Road 110 will not be significantly impacted. The number of access points will actually be reduced. It is not anticipated that replacing the current mobile home park with condominiums will significantly increase mfffie to the The sewer service is sufficient to handle the needs of the site. There is currently a lift station near the site that has ample capacity for the increased usage of the new units over the current trailers. - 1575- Water supply is an issue that pre-dates this development and will continue to be a problem, with or without this proposed development. There is sufficient supply and pressure available for domestic use, but not for fire protection. A series of meetings have occurred with the engineers for the developer, the city of Mound and the city of Mirmetrista to explore solutions, both short term and long term. Although a couple of long term solutions have been identified, these do not appear options that will be available in time to help this project. An over-sized well built near the site would offer a short term solution for the development as well as contribute to the city's future needs by being integrated into the city's system. ~4 statement showing the proposed density of the project with the method of calculating sam density shown; The Minnestrista portion of the project is situated on approximately 4.2 acres or 182,950 sq ft. With the planned 48 units on the Minnetfista side, this works out to 11.43 units/acre. A zoning change will be requested to R-5. Under R-5, the project will be within the 12 units per acre density the zoning allows. Minnetrista's comprehensive plan does not have a category that matches the R-5 zoning. An amendment to the comp plan will be sought to have the zoning and comp plan match. /1 description of how conflicts with nearby land uses(livability, value, potential · future development, etc. and/or disturbances to wetlands or natural areas); It is anticipated that the proposed development will increase value for the surrounding area as well as the community at large. This property is the eastern gateway to the city. An attractive, well-designed housing project will be an asset to the area. There will be very little impact to the neighboring residents as to sight lines and views. The orientation of the area is toward Halstead's Bay. This project will not block anybody's views and will improve the view of those entering the community on County Rd 110. No wetlands or natural areas will be disturbed. The property is wooded, primarily with Boxelder and Poplar. Every effort will be made to preserve the natural feel of the property. A brief statement on theproposed ownership and maintenance of public and private open space areas; The private open spaces will be owned and maintained by the Hastead Pointe homeowner' association. There are no public spaces anticipated. - 1576- A narrative addressing concerns/issues raised by neighboringproperties (st~tJf always suggests discussing your proposal with the neighboring land owners to get a sense of what issues may arise as your application is processed); A neighborhood meeting will be held early in the development process to hear and address any concerns the neighbors may have. Preliminary discussions indicate that there may be concerns for traffic issues, sight-lines/views and how the development will fit in with the Lake Minnetonka, semi-rural feel. 0 /1 proposed development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space areas). A construction schedule is hard to estimate on this project given the relative complexity of concurrent applications being processed through two municipalities, as well as making sure that the closing of the mobile home park is handled in the appropriate fashion. If all goes well, sales would occur in 2005. Provide justification that the proposal will not place an excessive burden on roads (traffic), sewage, water supply, parks, schools, fire, police, or other public facilities/services (including traffic flows) in the area. The target market for this development is "Empty Nesters". This type of resident has a very Iow impact on community services. With one or two non-commuting drivers per housing unit the impact on roads is minimal. Access to the property will be' off of County Rd 110. Currently there are several access points - this number will be reduced. There are now approximately 24 households on the site. Although the number of units will double, the traffic may not increase significantly, if at all. Schools will not be affected, except to the extent that the increased value will lead to a greater tax base to fund schools. There is ample sewage caPacity available now and for any future growth. Water supply is currently an issue in the community. There is suffictent domestic water supply, but not enough for fire protection. We propose building an over-sized well on-site that can be eventually turned over to the city to assist in the community's fire protection. Schedule for removal of manufactured home park and associated legal issues. Every effort will be made to meet both the letter and the intent of the closure statutes. With two municipalities involved, there will be some scheduling issues to be dealt with. As the development schedule is firmed up, so will the park closure plan. - 1577- Page 1 of 2 Sarah Smith From: To: Sent: Subject: "Carlton Moore" <CarltonMoore@cityofmound.com> "Sarah Smith" <SarahSmith@cityofmound.com> Tuesday, May 11, 2004 12:09 PM Fw: Your Questions Yesterday Sarah, This is the email from Bob Byers I mentioned to you. Carlton Moore Public Works Director City of Mound 5341 Maywood Road Mound, MN 55364-1687 952-472-0636 work 952-472-0620 fax ..... Original Message ..... From: <Robert. Byers~co.hennepin.mn.us> To: <carltonmoore~cityofmound.com> Sent: Tuesday, May 11, 2004 7:53 AM Subject: Your Questions Yesterday Page 1 of 1 Sarah Smith From: To:~ Sent: Subject: "Carlton Moore" <CarltonMoore@cityofmound.com> ~'Sarah Smith" <SarahSmith@cityofmound.com> Tuesday, May 11, 2004 12:09 PM Fw: Your Questions Yesterday > I checked with Marcia Wilda (612-348-8537) who is in charge of property > management for the Regional Rail Authority. She confirmed what I initially > told you the County HCRRA now has completed the abandonment process and > at the PreSent time no additional actions are planned. There were some > initial conversations with the Three Rivers Regional Park District > regarding maintaining and operating a trail, however until some significant ' ' ~ .... > funding sources are foUnd; no cooperative agreement will be set-up between > our agencies. She also confirmed that there are some major future costs > out there for repair or replacement of the tressels and buffering from > homes that have minimal setback from the trail. > - 1578- 5/11/2004 · - 1579- -1580- HENNEPIN COUNTY WEEKLY MEETING AGENDA CP 9417 SAP 27-615-16 DAN ALLMARAS TED KRUSE ANDY LEITH HENNEPIN COUNTY CONST HENNEPIN COUNTY CONST HENNEPIN COUNTY ENVIOR. 2 JEREMY GIBBS LARRY SIKKILA PARK CONSTRUCTION PARK CONSTRUCTION 3 SUBCONTRACTORS ~.~~_.. --. 4 UTILITIES 5 CITY OF MOUND - 1581 - HENNEPIN COUNTY WEEKLY MEETING AGENDA CP 9417 SAP 27-615-16 DAN ALLMARAS TED KRUSE ANDY LEITH HENNEPIN COUNTY CONST HENNEPIN COUNTY CONST HENNEPIN COUNTY ENVlOR. 2 JEREMY GIBBS LARRY SIKKILA PARK CONSTRUCTION PARK CONSTRUCTION - 1582- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, April 28, 2004 Tonka Bay City Hall CALL TO ORDER Skramstad called the meeting to order at 7:01 p.m. ROLL CALL Members present: Tom Skramstad, Shorewood; Jose Valdesuso, Excelsior; Bob Ambrose, Wayzata; Orv Burma, Mound; Miles Canning, Greenwood; Debbie Halvorson, Orono; Pete Nelson, Victoria; Tom Scanlon, Spring Park; Tom Seuntjens, Uinnetonka Beach. Also present: Charles LeFevere, LMCD Counsel; Greg Nybeck, Executive Director; Judd Harper, Administrative Technician. Members absent: Doug Babcock, Tonka Bay; Bert Foster, Deephaven; Paul Knudsen, Minnetrista; Herb Suerth, Woodland; Katy Van Hercke, Uinnetonka. CHAIR ANNOUNCEMENTS, Chair Skramstad There were no Chair Announcements. READING OF MINUTES-4/14/04 LMCD Regular Board Meeting Skramstad asked for comments or entertained a motion to approve the draft minutes as submitted. Harper recommended that a change needed to be made to the motion under the Queen of Excelsior, Inc. public hearing on page 4. He stated that the condition to "approve a full refund of the $3,000 preliminary investigation fee" should be removed and the following inserted in its place "approve a refund of $1,150 to Sunboat Cruises of Lake Minnetonka for the duplicate fees they submitted for 2004". MOTION: Seuntjens moved, Nelson second to approve the minutes from the 4/14/04 Regular LMCD Board Meeting with the change recommended by Harper. VOTE: Ayes (8), Abstained (1, Skramstad); motion carried. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) There were no comments from the public on subjects not on the agenda. CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in one motion unless a Board member requests discussion of any item, in which case the item will be removed from the consent agenda. Seuntjens moved, Nelson seconded to approve the consent agenda as submitted. Motion carried unanimously. Items so approved include: lB, Hennepin County Sheriff's Office Water Patrol Significant Activity Report, 2C, 2004 Multip_l_e Dock and DMA Licenses, staff recommends Board approval of 2004 renewal without change - 1 583- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 _ applications for Al and Alma's, Minnetonka Yacht Club (DMA), and Wayzata Marine, 3B, March financial summary and balance sheet, and 4A, Minutes from the 4/9/04 EWM/Exotics Task Force Meeting. Page 2 LAKE USE & RECRETATION A. Three Rivers Park District, presentation of "2003 Water Quality of Lake Minnetonka" Repod by John Baden. Skramstad stated that John Baden from the Three Rivers Park District was in attendance to review the "2003 Water Quality of Lake Minnetonka" Repod. He welcomed Baden on behalf of the Board and asked for an overview of the 2003 Repod Baden thanked the Board for its initial and continued funding suppod of the water quality sampling program on Lake Minnetonka. Similar to recent years, 16 bays were monitored on Lake Minnetonka. 2003 was a relatively good year compared to 2002. Eight bays met the criteria for full recreational use in 2003 compared to four or five in 2002. In general, the water quality on bays on the east end of the lake had better water quality than those on the west and nodh ends of the lake. He provided an overview of the key chads included in the 2003 Report. A number of questions were asked by the Board that Baden addressed. Some of these included: 1) What was the definition of full recreational use that the Three Rivers Park District used, 2) How Three Rivers Park District determined the bays to be included in the sampling program and whether Smithtown Bay could be added in the future, 3) The possible impact of water quality on Lake Minnetonka with the recently adopted state legislation that prohibits using fedilizer with phosphorous in it, 4) Whether density of housing and docks on a specific bay has an impact on phosphorous levels in that bay, 5) The nutrient impact of tributaries leading into Lake Minnetonka compared to internal loading, 6) What impact the LMCD harvesting program has on the removal of phosphorous on Lake Minnetonka, 7) An explanation of the effect decomposing curlyleaf pondweed had on phosphorous levels and whether programs existed to address this, and 8) the ability of wetlands to improve water quality concerns by removing nutrients. Nybeck stated that the financial contribution of the LMCD from the 2003 "Save the Lake" Budget for the water quality sampling program was $3,000. In the 2004 "Save the Lake" Budget, he believed that the Three Rivers Park District was requesting $3,000 for the Lake Minnetonka water quality sampling program. MOTION: Seuntjens moved, Canning seconded to approve $3,000 of "Save the Lake" funds for the 2004 Lake Minnetonka water quality sampling program. VOTE: Motion carried unanimously. Skramstad thanked Baden on behalf of the Board and informed the public that a copy of the 2003 Repod was available in the LMCD office. C. Additional Business. There was no additional business. - 1584- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 - Page 3 2. WATER STRUCTURES A. Kenneth Peterson, consideration of draft Findings of Fact and Order for approval of a dock length variance application at 1074 Wildhurst Trail on Forest Lake. Skramstad asked for background from Nybeck on this agenda item. Nybeck stated that LeFevere had prepared draft Findings for consideration by the Board consistent with the Board discussion at the 4/14/04 Regular Meeting and the staff memo. He entertained questions or comments from the Board on the draft Findings. MOTION: Halvorson moved, Seuntjens seconded to approve the Kenneth Peterson Findings of Fact and Order for a dock length variance at 1074 Wildhurst Trail. VOTE: Motion carried unanimously. B. Shorewood Yacht Club (Site 2), consideration of 2004 renewal, without change, multiple dock license Application. Skramstad asked for background from Nybeck on this agenda item. Nybeck made the following comments: · Mr. John Cross has submitted a renewal without change multiple dock license for Shorewood Yacht Club (Site 2) on Gideon Bay in the City of Shorewood. The facility is considered a legal conforming facility for density purposes because it was granted a special density license in 2001 for 35 Boat Storage Units (BSU's) on 350' of continuous shoreline. Without this special density, the maximum number of BSU's it could be licensed for is seven. · Traditionally, renewal without change multiple dock license applications are approved by the Board through the consent agenda. However, the Board did not consider the 2003 renewal without change application through the consent agenda because staff expressed concern that this multiple dock facility and the adjacent multiple dock facility, Shorewood Yacht Club (Site 1), were not in compliance with LMCD Code and license requirements in 2002. The Board approve the 2003 renewal without change applications for both multiple dock facilities with two conditions. These included: 1) discontinuing the illegal storage of unauthorized boats on the backside of the main walkway between the two sites, with the removal of any unauthorized structure by 5/15/03, and 2) the applicant coming into conformance with providing and maintaining all public amenities that are required by the 1/24/01 special density license order. · Staff had three primary concerns in 2002 regarding the illegal storage of watercraft on the backside of the main walkway and unauthorized structure. These included: 1) two BSU's from Site 1 were illegally relocated on the back side, 2) three boats were being stored in unauthorized locations on the backside of the main walkway, and 3) an illegal seasonal dock structure was installed as a bridge between the land for Sites 1 and 2. Based on the multiple dock inspections conducted in 2003, the seasonal dock and the unauthorized storage of watercraft had been resolved. With regards to the removal of unauthorized structure by the 5/15/03 deadline, the decking was removed by this deadline but the removal of the pilings for the unauthorized BSU's was not removed until the last 30 days. · The primary concern that staff had in 2002 regarding approved public amenities was that the - 1 585- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 Page 4 applicant documented that he did not provide the public amenity that required him to "Provide free charter boat excursions or fishing trips for at least 100 handicapped or underprivileged persons per year". In 2003, approval of his renewal without application required him to "Provide free charter boat excursions or fishing trips for at least 200 handicapped .or underprivileged persons" to compensate for this public amenity not being provided in 2002. Based on the documentation provided by the applicant, this public amenity was not provided again in 2003. · The applicant has communicated that they provide more than enough public amenities to meet the minimum number of points required by LMCD Code, 20. If the applicant would like to amend the public amenity points required for the approved special density license, he believed that this was a valid request. However, he recommended that the Board not allow the applicant to substitute these amended public amenities for those that he did not provide in 2002. He recommended that any Board approval of the 2004 renewal application should have a condition that would require to "Provide free charter boat excursions or fishing trips for at least 200 handicapped or underprivileged persons" by a date established by the Board. He expressed concern about the proposed public amenity of a "Dry Sail Program" because this might be qualified as "off-lake" storage and would be prohibited by LMCD Code. This was raised during the public hearing in 2000 for the approved special density license and the attorney representing the applicant stated that it would cease if it did not comply with LMCD Code. · He did not make a recommendation on the 2004 renewal without change multiple dock license application; however, he believed there were two options for the Board to consider. First, the Board could notify the applicant that it would be scheduling a public hearing to revoke its special density license because they have not been providing the approved public amenities annually. Second, the Board could approve the 2004 renewal application with conditions deemed necessary. Conditions deemed necessary by the Board could include: 1) how to deal with public amenities not provided in 2002 and 2003, 2) how to deal public amenities to be provided by the applicant in 2004 and future boating seasons, and 3) requiring the applicant to provide additional information for the ""Dry Sail Program" to ensure that it does not qualify as "off-lake" storage based on LMCD Code Section 2.045. · He entertained questions or comments from the Board. Canning asked for clarification of the "Dry Sail Program" proposed. Nybeck recommended that the applicant should clarify this question. Mr. John Cross, owner of Shorewood Yacht Club (Site 2), stated that his wife ran the day to day operations of the property. He was unaware of the "Dry Sail Program" referred to in the staff memo. It has not been conducted in recent years. He pointed out that they had a sailing school and that staff had clarified where the unrestricted watercraft associated with the sailing school needed to be stored. Nybeck stated that it was not uncommon for yacht clubs to have a sailing school that uses sailboats that qualify as an unrestricted watercraft. This is not prohibited at a multiple dock facility as long as they are entirely stored on land out of the water. When these unrestricted watercraft are stored in the water, they need to be located at authorized BSU locations and each BSU can store only one unrestricted watercraft. LeFevere stated that for the purposes of determining whether an activity to store boats on land would qualify as "off-lake" storage, unrestricted watercraft would not qualify. When an unrestricted watercraft is - 1586- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 - Page 5 stored in the water at a licensed multiple dock facility, there is not a distinction between restricted and unrestricted watercraft. Nybeck stated that the reference to the proposed public amenity for a "Dry Sail Program" was included in the letter submitted by the applicant, dated 4/16/04. This was proposed by the applicant originally in 2000; however, it did not make the approved public amenities because there was concern that the activitY might qualify as "off-lake" storage. This has been proposed again for 2004 and further clarification might need to be provided to verify whether it would qualify as "off-lake" storage. Ms. Judy Cross, owner of Shorewood Yacht Club (Site 2), stated that "Dry Sail Program" has not been conducted by the yacht club since it was brought her and her husband's attention that it might qualify as "off-lake" storage. If it was included in the proposal to amend the public amenities for 2004, it was mistakenly included in the 4/16/04 letter. She pointed out that the six outboard motor rental boats were being stored in authorized BSU locations. Skramstad stated that there appeared to be sufficient public amenities in the approved special density license order to allow for some amendments in 2004 and continue to meet the minimum points required by LMCD Code. He believed that the primary discussion of the Board should be to discuss what public amenities have not been provided in recent years. Nybeck stated that he believed the applicant was primarily proposing to amend the approved public amenities by eliminating the amenity that requires them to "Provide free charter boat excursions for at least 100 handicapped or underprivileged persons per year". If this public amenity is deleted, they would have more than an adequate number of public amenity points, approximately 60, to meet the minimum 20 points required by LMCD Code. Canning stated that if the applicant provided more than an adequate number of public amenity points in 2002 and 2003 than required by LMCD Code, would it be appropriate to not require the applicants to make up the charter boat public amenity not provided in 2002 and 2003. Nybeck stated that he would recommend the Board require to provide the public amenities they did not provide in 2002 and 2003 because they were proposed by the applicant in 2000. Skramstad questioned the applicants whether they were comfortable providing more public amenities than the minimum required by LMCD Code. Ms. Judy Cross stated that she was unclear on what the Board would like her and her husband to do. If the Board would like them to provide 20 public amenity points, they will do so. If the Board would like them to provide more, they also would be willing to do so because they believe in giving back to the community, The problem associated with the free charter boat public amenity was that handicapped persons cannot get on their boats. Nybeck stated that a significant number of the approved public amenities would be provided by the applicant, whether or not the points are reduced to 20. He cited vegetative screening and shoreline protections as two examples. He suggested that the Board should focus its discussion on how to emend the public amenities for the 2--004 season and then focus its discussion on what to do for the public - 1587- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 amenities not provided in 2002 and 2003. Page6 LeFevere stated that the Code allows the Board latitude on what public amenities to accept and the associated point values. In this example, the applicants have proposed a greater number of public amenities than the minimum number of points required by Code. Because of this, the review by the Board of points associated with each approved public amenity may not have been detailed. He encouraged the Board to be careful in deleting a public amenity after the fact because the Board might not have accepted the remaining amenities if it had. Seuntjens questioned whether discussion of the full list of public amenities, and their availability, took place originally. He believed that there was a need to improve the process of reviewing proposed public amenity points, including the possible public amenities and their associated point values. Nybeck stated that the point values proposed in the 4/16/04 letter from the applicants are consistent with LMCD and the staff memo discussed by the Board originally in 2000. He noted that "PUBLIC ACCESS" amenities are valued at 10 points, that "ENVIRONMENTAL PROTECTION" amenities are valued at five points, and "PUBLIC SERVICE" amenities are valued at three points. Nelson stated that he believed it appeared that the applicants provide a significant number of public amenity points up and above the 20 points required for the special density license. It appears that the applicants have agreed to provide more public amenities in excess of the 20 points required by Code to allow them the latitude what they provide on an annual basis. He believed that the Board would like the applicants to propose public amenities that total 20 points that they agree to provide on an annual basis. LeFevere questioned whether the Board took the time in 2000 when the special density license application was originally approved to assign a point value for each approved public amenity. If the Board approves the request of the applicants to amend their public amenities, the Board should conduct this exercise to ensure that the facility meets the minimum of 20 amenity points. Skramstad stated that he believed the public amenity point section for special density licenses needs review by the Board. Nybeck stated that there are other facilities around the lake that have approved public amenities when the point values associated with them greatly exceed the minimum point values required by Code. He pointed out that there have been other facilities around the lake that are required to provide free charter boat trips to the handicapped or underprivileged on an annual basis that have not been provided. In these examples, the license required the doubling of this public amenity the following boat season and the applicant has followed through on this license requirement. Canning stated that he had sympathy for the applicants because they are providing the majority of the public amenities on the special density license order. He concurred with Nelson that the applicants are providing more than enough public amenities required by Code and that they would like to have the latitude on which amenities they provide on an annual basis. He did not believe the Board should punish the applicants for a misunderstanding of which public amenities they did not provide in previous years. Ms. Judy Cross stated that one of the problems they have had associated with the free charter boat - 1588- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 - Page 7 excursions trips was that handicapped persons could not get access into their sailboats. LeFevere stated that the Board adopted the point system for public amenities after the ordinance was originally adopted to make the review of the Board more objective. He pointed out that the latitude of the Board was whether to accept a proposed public amenity rather than deciding how many points to assign to a public amenity. With regards to free charter boat excursion trips, this is not limited to handicapped persons because it can also be provided to underprivileged persons. Nybeck stated there has been some suggestion that the applicants did not understand their license requirements in 2003. He believed that the language on the license sent out in the spring to the applicants in 2003 was quite clear. It stated "Subject to Variance Order 1/24/01; Special Density License Order 1/24/01; Subject to discontinuing the illegal storage of the watercraft(s) on the backside of the main walkway, with the removal of any unauthorized dock structures or bridges by 5/15/03, and the applicant coming into conformance with providing and maintaining all public amenities that are required by the 1/24/01 Special Density License Order with the applicant required in 2003 to provide free charter boat excursions or fishing trips for at least 200, rather than 100, handicapped or underprivileged persons to compensate for this public amenity not being provided in 2002. (Documentation needs to be provided at the end of the 2003 boating season)." Seuntjens stated that he believed the problem was associated with the process. He suggested that he believed that staff could do a better job of communicating with the applicants about prioritizing public amenities. He questioned why the Board ever approved the free charter boat excursion public amenity. He recommended that the list of public amenities, staff work, and communications could be improved. LeFevere stated that anyone could provide the free charter boat public amenity because it would not require the applicant to own a charter boat. MOTION: Canning moved, Nelson seconded to approve the 2004 Shorewood Yacht Club (Site 2) renewal without change multiple dock license application: 1) subject to the applicant fine-tuning the public amenities with staff, and 2) review by the Board at the 5/12/04 Regular Meeting. The Board discussed how to' deal with the applicants non-compliance of the free charter public amenity for 200 handicapped or underprivileged persons in 2002 and 2003. The consensus of the Board was waive this license requirement from 2002 and 2003. Canning and Nelson agreed to this as a friendly amendment. LeFevere stated that staff cannot decide what public amenities to.accept or what are important to the Board. He suggested that staff should sit down with the applicants and prioritize the public amenities prior to review by the Board at the 5/12/04 Regular Meeting. VOTE: Motion carded unanimously. B. Additional Business. There was no additional business. - 1589- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 3. FINANCIAL A. Audit of vouchers (4/16/04 - 4130104). Page8 Nybeck reviewed the audit of vouchers as submitted. MOTION: Ambrose moved, Burma seconded to approve the audit of vouchers as submitted. VOTE: Motion carded unanimously, C. Additional Business. Nybeck stated that the draft 2003 LMCD was being finalized and would be reviewed at the 5/12/04 Regular Board Meeting. 4. EWM/EXOTICS TASK FORCE B. Evaluation of Truck Hauling Bids for the 2004 EWM/Harvesting Season. Skramstad asked Nybeck for background on this agenda item. Nybeck reported that trucking bids were due in the LMCD office by 2 p.m. on 4~22~04. One bid was received from Curfman's Trucking and Repair, Inc. by this deadline. The bid received was for $58.00 per hour for one-truck service and $112.00 per hour for two-truck service. The bid submitted by Curfman's Trucking and Repair, Inc. complies with all bid specifiations. He recommended that the Board award the contract to haul Eurasian Watermilfoil for the 2004 EWM Harvesting Season to Curfman's Trucking and Repair, Inc. MOTION: Seunjtens moved, Burma seconded to award the 2004 Eurasian Watermilfoil trucking contract to Curfman's'Trucking and Repair, Inc. VOTE: Motion carried unanimously. C. 2004 EWM Harvesting Season, staff overview of project. Skramstad asked Nybeck for background on this agenda item. Nybeck stated that he believed the staff overview of this project was relatively self-explanatory. The total EWM/Exotics Budget for 2004 is $133,500, which further breaks down to $106,000 for the EWM Harvesting Program and $27,500 for the Zebra Mussel Inspection Program. Anticipated revenues for the 2004 EWU/Exotics Budget is $126,000, with the remaining funds to likely be appropriated through the "Save the Lake" Budget. He reviewed staffing for the 2004 EWM Harvesting Program and recommended the Board approve the hiring rates outlined in the staff memo. MOTION: Nelson moved, Scanlon seconded to accept the 2004 EWM/Exotics Budget as proposed and to authorize the hiring or EWM employees at the rates outlined in the staff memo. - 1 590- Lake Minnetonka Conservation District Regular Board Meeting - April 28, 2004 - Page 9 Canning stated that there was rumor that there was an interest of some of the member cities to have the MCWD fund the harvesting program in the future. Halvorson stated that this concept was raised at a recent Mayors' meeting by the Deephaven Mayor, Although he was unable to attend this meeting, the Deephaven Mayor suggested that both the MWCD and the MN DNR should be lobbied to take over the financial responsibilities of the harvesting program. The Board bdefly discussed this matter and the consensus was to get an update from Board member Foster on his discussions with the MCWD. Mr. David Gross, 19700 Lakeview Avenue, stated that he was the recently appointed by the City of Deephaven to serve on the Board beginning next February. He pointed out that he attended the Mayors' meeting referenced and the principle issues were that the tax base of the MCWD is substantially larger than the LMCD and that it is a watershed distdct issue rather than just specifically Lake Minnetonka. He believed the MCWD has indicated in the past that they would only get involve in the milfoil harvesting program through financial assistance and that pursuing of this should be focused on the Board of Managers. VOTE: Motion carried unanimously. D. Additional Business. Halvorson stated that one of the Orono city council members recommended that the LMCD should pursue public service announcements through the local radio stations, Nelson updated the Board on the power point presentation promoting a more comprehensive zebra mussel program. Although it was not complete because the LMCD was awaiting feedback from the MN DNR, it should be in the near future. He stated that he would be meeting with representatives the Freshwater Society regarding the possibility of a video tape relating to zebra mussels. Fundraising of an undetermined amount of funds should commence sometime soon utilizing the "Save the Lake" program and the LMCD website. He circulated a brochure he prepared regarding invasive species and what can be done to stop this invasion, He stated that he would keep the Board up to date on this project. 5. ADMINISTRATION A. Training Session for Board members on Open Meeting Law. Skramstad asked LeFevere for background on this agenda item. LeFevere briefed the Board on Open Meeting Law requirements. LMCIT Liability Coverage- Waiver Form, discussion by Board on the amount of liability coverage for 2004 and whether to waive monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Skramstad asked Nybeck for background on this_agenda item.- -1591 - Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 Page 10 Nybeck stated that he made a recommendation at the 4/14/04 Meeting for the Board to approve a motion that: 1) the LMCD does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04, and 2) the LMCD accepts liability coverage of $2,000,000 from the LMCIT. The Board did not approve this motion because staff was to investigate why the LMCD in the past has accepted $2,000,000 of liability coverage rather than $1,000,000 and to clarify what costs are associated with the increased amount of liability coverage. He stated that he discussed why the LMCD has had the additional $1,00,000 of liability coverage in the past with the insurance contact and was unable to conclude exactly why. For the $1,000,000 of additional liability coverage, the insurance agent estimated that this would cost the LMCD an additional $1,500. MOTION: Canning moved, Nelson seconded: 1) that the LMCD accepts liability coverage limits of $1,000,000 from the LMCIT, and 2) that the LMCD does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. VOTE: Motion carried unanimously. C. Additional Business. There was no additional business. 6. SAVE THE LAKE Nelson stated that he would be working with Board member Babcock, LeFevere, and Nybeck on the logistics of using the "Save the Lake" Fund as a means of fundraising for the Zebra Mussel project. 7. EXECUTIVE DIRECTOR REPORT Nybeck updated the Board on three items. First, the lake level on Lake Minnetonka was 928.41' and the dam closed. Second, he updated the Board on a recent incident that occurred at the new Grays Bay public access where a large charter boat was launched that caused concern for both the City of Minnetonka and the MN DNR because the only access the commercial transporter had into the lot was to enter through the designed exit and jump the curbing because it was too large to enter the lot as designed. He pointed out that all pods of call for charter boats need to be authorized by each affected city and the Board might want to consider a similar approval for the launching ramp sites in the spring and fall. Third, he stated that he had recently met with Board member Ambrose, Wayzata city staff, and LMCC Station Manager Jim Lundberg regardingthe possibility of using the Wayzata city council chambers for future LMCD Board meeting so that they could be taped for local cable television. Progress is being made but there is a significant amount of follow-up work yet to be done. He stated that he and Ambrose would keep the Board informed on this project. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS - 1 592- Lake Minnetonka Conservation District Regular Board Meeting April 28, 2004 There was no new business. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 p.m. Page 11 Tom Skramstad, Chair Jose Valdesuso, Secretary - 1593- LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, May 12, 2004 Tonka Bay City Hall 6:30 p.m. (optional)- Viewing of Fresh Water Society videotape "Lake Minnetonka's Future". CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Skramstad READING OF MINUTES- 4/28/04 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) · Abdo, Eick, & Meyers, review of draft 2003 LMCD Audit. PUBLIC HEARING · Howards Point Marina, reconfiguration of non-conforming multiple dock license application. 1. Public Hearing 2. Discussion and/or Consideration WATER STRUCTURES A) Shorewood Yacht Club (Site 2), consideration of proposal to amend public amenities for the 2004 .renewal without change multiple dock license application that was approved at the 4/28/04 Regular Board Meeting; B) Discussion of 5/7104 staff memo that summarizes expenses incurred to be deducted from the $250 refundable deposits for recently submitted variance applications; C) Additional Business; FINANCIAL A) Audit of vouchers (5/15/04 - 5/15/04); B) Review of timetable to consider draft 2005 LMCD Budget; C) Additional Business; - 1594- 3. ADMINISTRATION A) Consideration of staff recommendation for compensation adjustment for Administrative Technician, Judd Harper (handout); B) Additional Business; 4. EWM/EXOTICS TASK FORCE 5. LAKE USE & RECREATION 6. SAVE THE LAKE 7. EXECUTIVE DIRECTOR REPORT 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT - 1595- 18338. Minnetonka Blvd. Deephaven, MN 55391 (952) 745-0789 EXECUTIVE DIRECTOR NEWSLETTER Gregory S. Nybeck May 12, 2004 Lake Minnetonka Water Patrol Update: For the fourth consecutive boating season, there will be increased Water Patrol presence on Lake Minnetonka in 2004 by adding two full-time Hennepin County Sheriff's Office Water Patrol deputies from mid May through mid October. This project has been highly successful in its first three seasons and expectations are that it will be successful in 2004. Similar to 2003, this program will be funded 100% by Hennepin County in 2004. However, continued 100% funding of this program beyond 2004 is questionable due to the economic challenges that Hennepin County is facing. Lake Minnetonka Solar Light Buoy Project: For the third consecutive boating season, a solar light buoy project is planned for 2004. These solar lights were mounted on the top of red and green navigational buoys throughout Lake Minnetonka in 2002 and 2003. These solar lights have been purchased with "Save the Lake" funds and there has been a significant amount of positive feedback received from the public. Further expansion of this project is likely in 2004 and steps are being considered to make this solar light project more effective. Lake Minnetonka Invasive Species Manaqement Programs: The 2004 Eurasian Watermilfoil (EWM) Harvesting Program is scheduled to commence on or around June 9th and continue until around August 20th. Consistent with past years, harvesting priorities will be based upon impediment to public boat navigation to open water. The Lower Lake South option will be implemented in bays that dictate the need for harvesting done at least once, with high growth areas being harvested twice, time permitting. Please feel free to contact the LMCD office if you have questions or comments relating to this program. The LMCD is concerned about the introduction of other invasive species into Lake Minnetonka, with an emphasis on zebra mussels. In 2002 and 2003, the LMCD worked with the Lake Minnetonka Association on a pilot program to inspect boats prior to launching at selected public accesses utilizing MN DNR watercraft inspectors. In 2004, this program is being stepped up even further with inspections to be conducted at high volume public accesses during peak boating periods. The LMCD is i~vestigating the concept of a more comprehensive beyond 2004 and we will keep you informed on this. Please feel free to contact the LMCD office if you have questions or comments relating to this program. 2004 Lake Minnetonka Boat Density and User Attitude Surveys: The Management Plan requires that Boat Density and User Attitude Surveys be conducted every four years. The last year that this Management Plan project was conducted was in 2000 and it will be conducted this upcoming summer. The Board awarded the contract to conduct this project in 2004 to ThomTech Design, Inc. for an amount not to exceed $47,500. Both the LMCD and the MN DNR will pay 50% of the costs associated with this project. A Report that summarizes the key details of this project will be available sometime late fall or early winter. 2004 Lake Minnetonka Shoreline Inventory: The LMCD is preparing to conduct an inventory for watercraft storage on Lake Uinnetonka in 2004 beginning in June. This Management Plan project, which is to be completed every two years, was last conducted during the 2002 boating season. A Report that summarizes the key details of this project will be available sometime this fall. - 1596- EXECUTIVE DIRECTOR NEWSLETTER, 5112/04, PAGE 2 2005 LMCD Budget: The LMCD has initiated the process for the 2005 LMCD Budget. In accordance with Minnesota Statues 103B.635, the Board must on or before July 1 of each year prepare and submit a detailed budget of the District's needs, for the next calendar year, to the governing body of each municipality in the District with a statement of the proportion of the budget to be provided by each municipality. The first review of the draft 2005 LMCD Budget.is planned for the May 26, 2004 Regular Board Meeting. A meeting will be scheduled in early June in the LMCD office to review the draft 2005 LMCD Budget with interested city officials. For those city officials unable to attend this meeting that would like to comment on the draft 2005 LMCD budget, comments will be received by the LMCD until Monday, June 21,2004. Further review by the LMCD Board of the draft 2005 LMCD Budget is scheduled for the June 9, 2004 and June 23, 2004 Regular Meetings. A copy of the approved 2005 LMCD Budget will be forwarded to the 14 member cities by Thursday, July 1, 2004. On-going Licenses/Permits: The LMCD has generally completed processing all new and renewal applications for the 2005 season on Lake Minnetonka for multiple dock facilities, district mooring area facilities, charter boat registrations, and liquor licenses for these charter boats. A number of special event permit applications for Lake Minnetonka have been processed and this will be on-going throughout the summer. A copy of these permits will be forwarded to those member cities that are affected by the activities outlined above that are regulated by the LMCD. Web Page: The LMCD's WebPage address is: http://www.lmcd.org. - 1597- Hay 14 2004 18:84:26 Via Fax -> 9524720GZO ~idninis%rator Page 881 Of 883 -FridayFax- A weekly legislative update from the League of Minnesota Cities Contact State Representatives today to urge opposition to efforts to remove local control related to annexation State lawmakers may consider amendments to H.F. 2629 (Haas) today or Saturday that would severely limit the ability of cities to implement annexation decisions. An amendment was offered on the House floor last night by Rep. Peter Nelson (R- Lindstrom) to block Chisago City and Monticello annexation proposals that are currently in mediation. No vote was taken on that amendment last night, as Rep. Bill Haas (R - Champlin) pulled the bill before that could occur. Rep. Larry Howes (R - Walker) had a further amendment at the desk to reinstate annexation referendum requirements. These amendments are opposed by the League of Minnesota Cities, the Coalition of Greater Minnesota Cities and the Minnesota Association of Small Cities. Minnesota cities oppose these amendments bemuse: ° The system is not broken. There are 300- 400 annexations approved in Minnesota each year. Only 3 or 4 end up as contested cases, and those are almost always resolved in mediation. A process that resolves controversial issues 99% of the time without ending up in a contested case hearing is a phenomenal success, not a state policy crisis in need of sweeping overhaul; It would strike a blow to local control by Minnesota cities by imposing a moratorium on contested annexations larger than 500 acres and would shift leverage in annexation negotiations overwhelmingly to townships; Undermines the cooperative work of cry and township officials convened by Rep. Jerry Dempsey, R-Red Wing, and May 14, 2004 Page 1 Sen. Linda Higgins, D-Minneapolis, to seek solutions to these difficult issues through work sessions over the coming summer and fall. This process should be allowed to proceed before any changes are made to existing annexation law. Annexation law was changed only two years ago. Cities agreed to address township concerns by making orderly annexation agreements legally binding contracts. ° There will be negative consequences if these amendments are adopted. These changes run counter to state goals related to orderly and responsible land-use planning, controlling urban sprawl, consistent and permitted environmental protection through wastewater and stormwater management, and successful economic development in greater Minnesota. Please call your State Representatives to voice your opposition to these annexation amendments to H.F. 2629. A directory of lawmakers can be found at http://www.leg, state, mn.us/leg/legdir, asp or by calling 651.296.2146/800.657.3550. Questions can be directed to Craig Johnson, LMC Intergovernmental Relations Representative, at cjohnson@lmnc, org or 651.281.1259. If you contact your legislators, please take a moment to send a quick email to Craig letting him know how it went. No agreement With just four days left in the 2004 legislative session and no agreement between legislative leaders about how to bring the session to an orderly close, folks around the capitol are wondering whether the Legislature will be able For more information on city legislative issues, contacl any member of the League of Minnesota Cilie~ Inle~governmenlal Relal/ons learn, 651.281.1200 or 800.925.1122 - 1598- Hap 14 ZflB4 18:85:87 Via Fax -> 95Zq?ZBGZB ~dminis~ra~or P~g~ flBZ 0£ 883 -FridayFax- A weekly legislative update from the League of Minnesota Cities to complete its work on several key items. But, here's what we do know: -The 2004 session must end by midnight, Monday May J 7, 2004. -The Legislature cannot pass bills on the last day of the session (Monday). -The House and Senate have agreed not to have a floor session on Sunday. -Therefore, only approximately 40 hours remain for floor action. - The Timberwolves play tonight. -Saturday is the fishing opener. The past three legislative sessions have ended without the Legislature completing its work and in each case, the governor called a special session. This year, the Legislature may not finish its work--again. But in contrast to the stalemates in the previous three years, this year there may be no special session. Why? There are comparatively few issues the Legislature must tackle before May 17. The state's budget deficit could be addressed by drawing down the state's rainy day reserve or through other administrative financial maneuvers. In addition, there is nothing that requires the state to enact a capital projects (bonding) bill, which is frequently seen as the major focus of even-year sessions. In fact, some legislators are questioning the need for the even-year session. On Wednesday, a bill was introduced that would amend the state's constitution to only allow the Legislature to meet in odd-numbered years, which is the budget-setting year. There have been several public attempts Lo find a compromise. On Thursday, the Governor and the House made an offer that would resolve the state's $160 million deficit. Under the May 14, 2004 Page 2 proposal, the governor would eliminate $97 million of the problem by canceling an $80 million transfer from the state general fund to the health care access fund and reducing state agency operating budgets by an additional $17 million. The other $63 million of the solution would have come from provisions contained in the Governor's plan and the House and Senate budget bills including the $32 million acceleration of sales tax collections on car leases, a modification to cigarette taxes that would generate $11 million and a series of tax compliance measures that would generate an estimated $13 million. The Senate rejected that offer, in part because it used short-term or one-time fixes that would not address what many believe is a much bigger budget problem on the 2006-07 horizon. Although the legislative clock is winding down, there is still time to pass many more bills, which could include pared-down tax and bonding bills or a streamlined budget solution. And of course, a special session might still be a possibility. One near certainty is that over the next few days, the Legislature will burn the midnight oil. Non-Conforming use amendment passes the Home On Wednesday, House members debated SF 2274 (Vickerman), a bill proposed by the Alliance for Reasonable Municipal Regulation (ARMR) that would place limitations on cities' use of building moratoria. Under current law, city officials can implement a 12-month building moratorium to study and evaluate development options in their cities and extend that moratorium an additional 18 months. F0t mote information on city legialalive i,~suea, conlact any member of the I_~ague of Minnesota Cities Intergovemrr~mal Relalion,~ team, 651.281.1200 or 800.925.1122 - 1599- ~ag 14 ZBB4 IB:BS:4B Via F~x -> 95Z4?ZB6ZO Adniois~ra~or Pag~883 0£ 883 -FridayFax- A weekly legislative update from the League of Minnesota Cities After weeks of negotiations, LMC and other local government groups had reached an agreement with the proponents of this legislation to allow an extension for 120 days beyond the time needed to comply with a process or approval required by state statute, federal law or court order, but not to exceed an additional 18 months. The compromise bill passed the Senate unanimously and we expected the House to pass a clean bill without any amendments. Unfortunately, that was not the case. While Rep. Buesgens, the House author, agreed to pass a clean bill, the proponents breached our agreement when they amended the bill on the House floor to include language that would restrict cities' ability to regulate non- conforming uses. The non-conforming use provisions were part of another ARMR proposal (HF 2057/SF 2251) that did not meet committee deadlines in the Senate. Under the ARMR amendment, an entity with a non-conforming property would be allowed to make improvements to that property, but could not expand operations without municipal approval. The amendment also eliminated the 50 percent damage threshold that allows a city to require that a substantially damaged non- conforming use rebuild under current zoning requirements. The amendment passed on a 71- 61 vote and SF 2274, as amended, was sent back to the Senate for concurrence. The League and other city groups called on members of the Senate to refuse to concur with the House amendments and send the bill to conference committee for further discussion. The bill author and proponents were hesitant to conferee the bill with so little time left in the regular session, but they eventually agreed to talk about a compromise. May 14, 2004 Page 3 In subsequent discussions, both sides agreed to leave the 50 percent damage threshold intact, but only if the owner of the damaged non- conforming property fails to apply for a building permit within 180 days o f when the property is damaged. Under the agreement, municipalities could also impose reasonable conditions to mitigate newly created impacts on adjacent property. We expect that a conference committee will be appointed today and that the committee members will adopt this compromise language as part of the conference committee report on SF 2274/HF 2021. Take part in LMC policy committees Soon it will be time to begin preparing for the 2005 legislative session with the League's policy development committees. This is your opportunity to help the League establish its legislative policies for the coming two-year period. There will be 3 to 4 meetings per policy committee from June through September held at the League office in St. Paul. The four policy committees are: Improving Local Economies, Improving Service Delivery, Improving Fiscal Futures, Personnel Services. At LMC Regional Meetings during July and August, members will have an opportunity to review the policy issues that policy committee members crafted during their first meetings in June. Members will then be able to comment on the policy committees' draft policies during the fait Annual Conference to be held October 9 - 12 in Duluth. To participate contact Lynn Peterson 651.281.1254 or lpeterson@lmnc.org. For mor~ information on city legislalive issues, contact any member of the L..~ague of Minnesota Cities Interlgovernmenlal Relations team, 651.281.1200 or 800.925.1122 - 1600- Ma~ 17 ZBB4 15:55:B7 Via Fax -> 95Z~TZBbZB The End -MondayFax- The House and Senate met into Sunday morning to complete the work of the 83rd biennial session of the Minnesota legislature. The final I-louse and Senate floor sessions were marathonsmthe Senate convened at 10:00 AM on Saturday morning while the Rouse convened at 11:30 am. The Senate adjourned sine die at 7:00 AM on Sunday morning while the House only temporarily adjourned at 7:00 AM, only to reconvene about 15 minutes later to take up the state labor contract ratification bill and then adjourn sine die. A legislative update from the League of Minnesota Cities May 17, 2004 Page 1 vulnerability and planning information without those reports having to be publicly released. The meetings must be public noticed as closed meetings and must be tape-recorded. Those tapes must be kept for a minimum of four years. Below is a brief summary of bills that were passed or that died in the final days of the session. We will have a more complete summary of legislation in this week's Cities Bulletin and in our Law Summary publication that will be prepared after the Governor has taken final action on pending legislation. Under the state's constitution, final action could take several weeks - not including the time necessary to process bills passed in a special session, should the Governor call legislators back to St. Paul to finish work on unresolved issues Bills that passed .05 D WI threshold (I-IF 97/SF 58)mThe I-Iouse and Senate passed a bill that will tighten the standard for drunken driving from 0.10 to 0.08 percent blood-alcohol concentration, effective in August 2005. The adoption of the .08 standard will allow Minnesota to continue to qualify for federal transportation funding. Data practices/Open meeting law exemptions (I-IF 2087/SF 1889)--Language proposed by LMC, AMC, and I-Iennepin County was passed in the Data Privacy bill that will allow city staff to present security information to elected officials in a closed meeting. This will allow elected officials to be apprised of sensitive homeland security A provision that would have required cities to make costly and far-reaching changes to information management systems used by police departments, prosecuting attorneys, probation officers and other local law enforcement agencies was not included in the final bill during the waning hours of the session. Representative Mary Liz I-Iolberg (District 36A-Lakeville) had proposed new comprehensive requirements for access to data for individuals (data subjects) about whom these systems maintain data and for creation and long-term maintenance of audit trail data on such records. Direct deposit (HF I995/SF 1787)~This bill gives municipalities the authority to require direct deposit for their employees. Salary cap study (I-IF 28 74/SF 2 703)--The Rouse and Senate approved a provision directing the Legislative Coordinating Commission (LCC) to complete a study to determine the impacts of the compensation limit on local units of government. This study is included in SF 2703, the department of employee relations hiring practices bill. The bill was presented to the governor for approval on May 14, 2004. Contracting flexibility (I-IF 1717/SF 1790)~The I-Iouse and Senate approved legislation authorizing municipalities to use reverse auctions to purchase supplies, materials, and equipment and clarifying that local governments may accept bids and quotes electronically. The bill also increases the competitive bidding threshold for small municipalities and gives managers in plan B cities greater flexibility to make purchases and negotiate contracts. For more [nformslion on ally legtslal[v¢ issues, conlacl any member of the Lea,l~ue of Minnesota Cities Inler~overnmental Relalions team. 65L281.~.200 or $00.925.1~.22 - 1601 - Hay 17 Z~B4 1SISSIS6 Via Fax -> 95Z4?Z6GZO A&ainistrator Page 06Z Of 604 -MondayFax- A legislative update from the League of Minnesota Cities Moratorium/Non-Conforming Use (HF 2057/SF 2251)--LMC reached an agreement with the Alliance for Reasonable Municipal Regulation (ARMR) to allow an interim ordinance extension for 120 days beyond the time needed to comply with a process or approval required by state statute, federal law or court order, but not to exceed an additional 18 months. However, the compromise bill was amended on the House floor to include a provision restricting cities' ability to regulate non-conforming uses. LMC reached a last-minute agreement to moderate aspects of this proposal. The agreement keeps the 50 percent damage threshold intact, but only if the owner of the damaged non-conforming property fails to apply for a building permit within 180 days of when the property is damaged. Municipalities may also impose reasonable conditions to mitigate newly created impacts on adjacent property. Omnibus liquor bill (SF 2696/HF 2826)--The legislature approved the omnibus liquor bill during their final days of session. Among the provisions: the bill clarifies restrictions on the location of liquor establishments in proximity to other public institutions, and grants some liquor licenses to certain establishments outside current statute. The bill is on its way to the governor for signature. Elections (HF JOO6/SF 986)--The conference committee report on HF 1006 was adopted in the last hours of session. Key features in the bill of interest to cities include an agreement on voter registration requirements that comply with federal election reforms (Help America Vote Act). Those include: definition of mail-in registrations (applies only to voter registration applications postmarked or delivered by commercial carriers); use of state election day registration requirements for voter eligibility; voter bill of rights statement posting; and voter May 17, 2004 Page 2 registration application requirements. The House and Senate were unable to reach agreement with each other or with the Secretary of State regarding use of federal I-lAVA funding for purchase of assisted voter equipment or for grants to counties for purchase and/or replacement of optical scan voting equipment. That issue will be revisited in the 2005 session. Telecommunications (HF 2151/SF 2774)--The legislature adopted the conference committee report on HF 2151, which contains provisions (Article 8) initially proposed by the Minnesota Association of Community Telecommunications Administrators (MACTA) to streamline and clarify local franchising requirements in Chapter 238 (cable regulation). Proposals to ease entry of new cable service providers to compete with incumbent cable franchise operations were deleted from the final report when cable industry representatives as well as two local franchise authorities (St. Paul and Ramsey-Washington) objected to terms that MACTA and the League had negotiated with the Minnesota Telecommunications Alliance (MTA). Senator Steve Kelley and Representative Torrey Westrom, the Senate and House chairs of the conference committee and the original authors of the competitive entry legislation (SF 2331/HF2542), indicated that they intend to introduce legislation in 2005 to accomplish the goal of encouraging easier competitive entry. Bills that did not pass Budget balancing agreement--The failure of the legislature to adopt any solution to the state's projected $160 million deficit will either force the governor to solve the deficit on his own or call legislators back to St. Paul for a special session. At this time, unallotment of city aid programs by the governor seems unlikely due to the relative size of the state budget reserve. For more informal/on on cily legislative issues, contact any member' of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925,1122 - 1602- Xay 17 2884 15:56:35 Via Fax -> 9524?ZflG20 fl&minis~ra~or Page 083 Of B04 -MondayFax- A legislative update from the League of Minnesota Cities Bonding bill (SF 3057/HF 2991)--The legislature adjourned without agreeing to a bonding bill. The failure to adopt a bonding bill means that traditional biennial funding has not been provided for wastewater and drinking water infrastructure, road and bridge repair, housing, economic development, and many other specific, local projects. This is one of the areas that could be dealt with in a special session if the two bodies and the Governor can reach some sort of a deal ahead of time. Tax bill (HF 2540/SF 2302)---For the first time in recent memory, the House and Senate also adjourned without agreeing on a major tax bill. Within the now-deceased House and Senate versions, there were provisions that would have restored of $60 million of the 2003 city aid cuts, provided local option sales tax authority for first, second and third class cities (cities over 10,000 population), modified tax increment financing statutes including several city specific TIF requests, as well as other changes to the property tax system. A tax bill could become a part of a special session agenda--should the governor call legislators back to St. Paul. Public finance bill (HF 3081/SF 2302 article 6)-- The legislature failed to pass the annual public finance bill. Among the items of interest to cities were a provision that would have allowed cities to extend the term from 5 to 10 years for certificates of indebtedness when purchasing capital equipment, authority to issue capital notes for computer software, the extension of the sunset date for cities' special service districts and modifications to the state's business subsidies statutes. Annexation amendments--The League and other city groups were successful in preventing any language from being passed during the final days of the legislative session that would change annexation statutes. On Friday, during May 17, 2004 Page 3 consideration of HF 2629, a Department of Administration bill, Representative Bill Haas, the bill's author first tried to remove any references to annexation contained in the bill to make an annexation amendment non-germane. He was only partially successful and as expected, an amendment was offered by Representative Pete Nelson that would have placed a moratorium on annexations of more than 500 acres. Representative Haas chose to table his bill which along with the annexation moratorium amendment and another amendment that would have reinstated township referendum votes on proposed annexations, were never reconsidered before adjournment. Eminent domain (I-IF 1901/SF 2037)-- The House Omnibus Transportation bill (HF 2247) included a provision supported by the auto dealers that would require a city to prove by a preponderance of evidence that a taking for redevelopment serves a primarily public purpose. The League and other local government groups proposed an alternative approach that would have required cities to hold public hearings and articulate on the record the public benefits derived from the proposed acquisition. We also suggested a change in the standard of proof by requiring a reviewing court to find that "substantial evidence" exists to support the city's condemnation decision. While changes to eminent domain did not pass this legislative session, LMC committed to the House and Senate authors to continue working on this issue in the interim. Homeowners' protection act (t-IF 180I/SF 2248)--This legislation included provisions that would have required continuing education for building inspectors and additional building code enforcement reporting. The Senate version also would have provided a property tax reduction for structures that are uninhabitable due to mold contamination. For more information on oily le~:ialalive is,,uea, conlacl any rnemb~ of Ihe l.,~agu~ of Minnesota Cities lnl~govetnrr~nlal Relaliona team. 653..281.:].200 or 800.925.1122 - 1603- -> 95Z4?ZSGZ8 ~dminis~ra~or Page 804 Of 084 -MondayFax- A legislative update from the League of Minnesota Cities County plat approval (I-IF 1913/SF 2600)--City and county groups negotiated a compromise that would have required developers to submit information regarding "plat roadway elements" to the county engineer at least 30 days before submitting the preliminary plat to the city. The builders expressed concerns that this new requirement would essentially extend the plat review process by at least 30 days. The House bill contained language that would have included the submission to the county engineer within the 120-day preliminary plat approval limit-leaving cities less time to review and approve a preliminary plat. In the end, no changes were enacted this session. Administrative fines (HF 2243/SF 1951)mA bill that would have given cities authority to use administrative fines for speeding violations under 10 miles/hour did not pass. The bill was heard and laid over in the Local Government and Metropolitan Affairs committee, and no hearings were scheduled on the Senate companion bill. No proposals to limit authority in this area were offered this session. Compensation limits (HF ] 7591SF 2713)m Legislation repealing the compensation limit for local government employees did not move forward, but the House and Senate both approved a legislative study to determine the impacts of the compensation limit on local units of government. This study will help set the stage for changes to the salary cap next session. Pay equity reporting (SF 1782/HF 2215)m The Senate passed a bill that would have rolled-back the changes made to pay equity reporting that were enacted in 2003. Provisions removing the five-year reporting extension and eliminating the moratorium on pay equity reports due in 2005, May 17, 2004 Page 4 were also included in the Senate's omnibus supplemental appropriations bill (HF 2028). The House companion bill did not meet the committee deadline, and no action was taken on the budget bill. As a result, no changes were enacted this se.~.~ion. Retirements Following legislative custom, the end of the biennium is punctuated with farewell speeches by those members not seeking reelection. After adjournment on Sunday morning, the House continued for nearly another hour as the following departing members said goodbye: Representative Dale Walz (R-Brainerd)-District 12A Representative Steve Strachan (R-Farmington)- District 36B Representative Dick Borrell (R-Waverly) District 19B Representative Carl Jacobson (R-Vadnais I--Ieights)-District 54B Representative Eric Lipman (R-Lake Elmo)- District 56A Representative Elaine Harder (R-Jackson)- District 22B Representative Doug Stang (R-Cold Spring)- District 14B In addition, there have been reports that other members may not seek reelection including: Representative Len Biernat (DFL-Minneapolis)- District 59A Representative Arlon LiMner (R-Corcoran)- District 32A For more information on city legislative issue-,, contacl any member of Ihe League of Minnesola Cities Inlergovernmenlal Relations team. 651.281.1200 or 800.925.1122 - 1604- General Fund $1,003,840 CDBG 1,114 Area Fire Protection Services 261,843 Dock 236,324 G.O. Bonds 2001 - C 96,522 Commerce Place TIF (292,751) TIF 1-2 Notes (5,530) G.O. Bonds 2001 - A 7,122 G.O. Bonds 2003 - A 176,853 HRA Lease Rev Bonds (235,381) Capital Improvement 2,966,316 MSA 20,014 Sealcoat 38,809 CDB 4,264 Downtown TIF 1-2 241,621 HRA Public Safety Bldg 9,467 Water 1,506,735 Sewer 1,165,207 Liquor Store (348,411) Recycling 11,736 Storm Water 290,310 Fire Relief (38,567) HRA 0 Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated/reserved resources, etc. Only some accrued transactions are reflected. Investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. 05112~2004 CashReportCouncil Gino - 1605- CITY OF MOUND BUDGET REVENUE REPORT April 2004 33.33% GENERAL FUND Taxes Business Licenses Non-Business Licenses/Permits Intergovernmental Charges for Services Court Fines Franchise Fees Street Lighting Fee Charges to Other Dpts Other Revenue April 2004 YTD BUDGET REVENUE REVENUE 2,222,510 9,150 273,500 368,200 257,050 100,000 352,000 75,000 14,000 38,600 0 2 380 10 046 12 693 4 771 9 864 57 507 9.757 69 29O PERCENT VARIANCE RECEIVED 0 (2,222,510) 0.00% 5,530 (3,620) 60.44% 34,472 (239,028) 12.60% 12,693 (355,507) 3.45% 19,979 (237,071) 7.77% 24,977 (75,023) 24.98% 143,319 (208,681) 40.72% 34,919 (40,081) 2,648 (11,352) 18.91% 853 (37,747) 2.21% TOTAL REVENUE 3,710,010 107,377 279,390 (3,430,620) 7.53% FIRE FUND DOCK FUND MOUND HRA WATER FUND SEWER FUND LIQUOR FUND RECYCLING FUND STORM WATER UTILITY 674,140 46,592 287,897 (386,243) 42.71% 115,900 (26,470) 110,125 (5,775) 95.02% 0 0 178 178 ERR 700,000 95,459 174,596 (525,404) 24.94% '1,202,000 151,215 428,834 (773,166) 35.68% 2,400,000 153,651 589,914 (1,810,086) 24.58% 137,400 6,860 31,042 (106,358) 22.59%' 120,500 13,403 41,810 (78,690) 34.70% 05/12/2004 rev01 Gino -1606- CITY OF MOUND BUDGET EXPENDITURES REPORT April 2004 33.33% GENERAL FUND Council Promotions City Manager/Clerk Elections Finance Assessing Legal City Hall Building & Srvcs Computer Police Emergency Prepardeness Planning/Inspections Streets Parks Cemetery Transfers Cable TV Contingencies April 2004 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED 72 850 3.750 276.900 13.46O 234.070 79.300 135 580 124 270 29 900 1,301 340 7 130 367 880 701 130 351 820 9.610 256 690 50 D00 60,440 4,810 0 35,498 84 24,340 2 12,149 11 804 1 020 139 803 1 848 35 489 122 392 70 525 936 31,944 0 2,264 14,381 58,469 19.74% 3,750 0 100.00% 89,541 187,359 32.34% 1,098 12,362 8.16% 68,344 165,726 29.20% 5 79,295 0.01% 27,680 107,900 20.42% 60,570 63,700 48.74% 3,458 26,442 11.57% 434,619 866,721 33.40% 2,681 4,449 37.60% 117,653 250,227 31.98% 292,075 409,055 41.66% 166,962 184,858 47.46% 603 9,007 6.27% 127,776 128,914 49.78% 0 50,000 0.00% 3,545 56,895 5,87% GENERAL FUND TOTAL 4,076,120 494,908 1,414,741 2,661,379 34.71% Area Fire Service Fund 638,140 Dock Fund 143,150 Capital Projects 0 TIF 1-2 0 Water Fund 687,240 Sewer Fund 1,201,940 Liquor Fund 559,800 Recycling Fund 167,680 Storm Water Utility 96,870 51,495 124,001 514,139 19.43% 5,607 26,873 116,277 18.77% 128,897 223,526 (223,526) 15,065 368,430 (368,430) 45,644 191,589 495,651 27.88% 95,543 352,498 849,442 29.33% 51,534 178,577 381,223 31.90% 22,333 51,438 116,242 30.68% 4,865 29,133 67,737 30.07% Exp-02 05112~2004 Gino - 1607- bY itith tl{ AIEproyal or Ackttowledgrnen[ F0i' Uae 0f Gamblitig Funds I,rev ou iy 0 . O e l Ot§~i~t~itl6~ Information (p~eese print) EX~dltu~ D~ctlptlon (~.~ch additional Sheets If necessaW) ~. Amoun[ ot pro~ la~l put.se expenditure 2. Chec~ ~ ~Ppr~rlate ~xpenditure cation: ~.CH ~C~ / I ~. Cb~tri~ti0~ to ~ ~.ti ~ gov~m~.t - Unlied Slates, s~ate of Minnesota, or any of its subdivisions, ~cles, or inSt~menlalltles. NOTE:.~ contribution may not be made directly to a law enfor~ment or pro~ecUtorlal agent, Such es a police dep~ent~ coun~ Sheriff, or ~un~ attorney. ~. ~ ~ilWlt~ manag~.t proJ~ ihat b~.~fit~ th~ p%llc ai iarg~ with approval of the sl~te a~ency thai h~S ~uthorlty over t~.-~:-. bb~crtb~ ihs proposed expenditure. Including vendors. ~ C. Gfo0r~jn~ ~,nd m&Jntalnlng snowmobile or all4erraln vehicle trails with approval by DNR. All tr~tl~ must be Open to public use. besCrlbe the proposed expenditure, including vendors. O~Jh * i ~ffirrn ~hat th~ contrlbuUon or expenditure, in accordance with Minnesota Rules 788t .0i20, Subpar[ 5O(i0), do~){ result in ~ny n~t monetary gain or other Pecuniary benefit to our organ zat on , I affirm that wJ3en levvb]l gemb lng funds are Used for grooming and maintaining snowmobile or ail-terraln vehlcl~ or for any wJldlJf6 management Project for which reimbursement is received from ~i unit'of government, the reimbursb- sent fugd~ust 5ed~ct in our lawful gambling account and rbcorded on the LGi010- Schedu e C/D report. /gnle! executive oscars signature Phone number Yale ..... J gO~bi'Wfi~ tit 'APproVal/A~knOwiedgrne m (Chbck onb) ~y ~J~n~tui-~ b&low, the representative of the unit of government: __ ~ickn0WJb~J~6~ th6 contribution in 2A above, which will not be used for a pension or retirement fund. ~ 6bbr°vi~§ Jrt6 Wlldit~e m~nh~ement project as described In 2B above (state agency only). .. ~ippmv~t~ iJi~ ~(Pendltur~ for grooming and malniatnlng Snowmobile and/or all4erraln vehicle trails described Jrt '~C §~,~ (b~J~ onjy). Unlt°J~G°V~drH~)h} C ~q L~ 0'~ ~'~C~ nd Phonenumberr~ -L/"~a Kebp thi§ completed form aUached to the LG 1010 - Schedule CID tn your organization's records. You do not need to submit this form to the Gambling Control Board. This form will ~ made avaiiable in alter%live format (i.e. will become public Information, when requested by the Board, lar~6 print, JBr~ll]~)upon reqUeSt, t,fyou use a TTY, call u~ and will be used to determtn~ your compliance wtth by u~,in[j the ~Jnn{i~ot~i J:{elay Serwc~ and ask 1o place a rail MinneSOta statutes and niles governing lawful gambling to 65i-63g-4000. The information requested on thL, r form activities. For additional information, check our web site at www.gcb.state.mn.us - 1608- Hennepin County Assessor Department A-2103 Government Center Minneapolis, Minnesota 55487-0231 www.co.hennepin.mn.us May l0,2004 Ms. Kandis Hanson, Administrator City of Mound 5341 Maywood Road Mound, MN 55364 Dear Kandis, Re: 2004 Open Book Meeting We have completed the 2004 Mound Open Book Meeting and subsequent review of properties for those in attendance. I have enclosed a copy of the sign-in sheet for the Open Book Meeting and a copy of our findings for those property parcels noted. I have also included a listing of the contacts we made prior to Open Book meeting. If you have any questions or concerns please contact our offices. Very truly yours, ~A.M.A. Senior Appraiser Hennepin County Assessors Office An Equal Opportunity Employer - 1609- Recycled Paper 1 2 3 4 5 6 Name Mound Open Book Sign In Sheet Wednesday May 5th~ 2004 Parcel Number Address Phone 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 -1610- -1611- · JjOPEN BOOK MEETING APPOINTMENTS Wednesday 5/5/04 4:00-7:00pm mease include Taxpayer's Name and Property Identification NUmber in the time slot. .~ ....... :~&:EASE SG~EDUbE,~:,~ISEE;,#$;~ND~,4RS~ ~j~qhl APPRAIS]ER #1, APPRAISER #2 APPRAISER #3 4:00 2-.4.'-'/17-'7--'4'- 13-.-bol I 4:20 4:40 5:00 5:20 'o.40 6:00 6:20 6:40 7:00 -1612- -1613- Hennepin County Assessor Department A-2103 Government Center Minneapolis, Minnesota $5487-0231 www.co.hennepin.mn.us Date May 6, 2004 Mr. and Mrs. Robert Keil 6357 Sugar Mill Lane, Mound, MN. 55364 Dear Robert and Kari; Re: PID # 14-117-24-33-0063 As you requested at the 2004 Mound Open Book meeting, we have reviewed the assessment on your real property located in the City of Mound A review of the 2004 assessment of the above mentioned parcel has resulted in the following deteImination. Previous Estimated Market Value Estimated Market Value Reduced To $ 358,000 $ 339,O00 Our records are being adjusted accordingly. Very truly yours, Philip E. Jensen SAMA Senior Appraiser Hennepin County An Equal Opportunity Employer - 1614- Recycled Paper Hennepin County Assessor Department A-2103 Government Center Minneapolis, Minnesota 55487-0231 www. co.hennepin.mn.us Date May 11, 2004 Mr. and Mrs. Gary Cogswell 2549 Emerald Dr., Mound, MN. 55364 Dear Gary and Laura; Re: PID # 24-117-24-13-0011 As you requested at the 2004 Mound Open Book meeting, we have reviewed the assessment on your real property located in the City of Mound A review of the 2004 assessment of the above mentioned parcel has resulted in the following determination. Previous Estimated Market Value Estimated Market Value Reduced To $ 262,000 $ 255,000 Our records are being adjusted accordingly. 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A menu- ~Theresa Sunde- tsunde~mediacomcc.com driven timer program also allows the i customers to select and record their desired .. programs for viewing at their leisure. No --- _ more miSsing those favorite episodes of Reality TV! -1616- DID YOU KNOW ...... - -- · That Mediacom was named one of the top 500 fastest growing technology companies in 2003? · Mediacom has spent over $1 billion dollars in capital over the last 5 years to build and,upgrade our networks? · Mediacom serves over 1,700 communities across the country? ° Mediacom employs over 3,700 workers? · Mediacom collects over $30 million in franchise fees paid to cities and communities? · Mediacom pays over $8.5 million in local property taxes? · That programming costs paid by Mediacom to content providers have had a Compound Annual Growth Rate of 18.2% from 1996- 2001 ? In the last programming programming versus 26% programming? three years the costs for sports increased 59% for non-sports I BtEIJT][t Mediacom is a proud member of Cable in the Classroom, which is dedicated to promoting positive change in education locally and nationally using cable content and new technologies to improve teaching and learning for children in schools, at home, and in their communities. C-SPAN and Cable Television are celebrating Twenty-Five Years of public service this year. Recently noted for their balanced and extensive treatment of candidates in the Presidential election race, C- Span has planned an extensive public awareness campaign in 2004. Included in the plans for this year is a competition for high school students called, "Campaign Cam"! The contest will award cash prizes ' totaling $50,000 and will be awarded to the best videos about issues important to them in the 2004 elections. The deadline is May 17th, 2004 and more information can be found at: c-span.org. Page 1 of 4 Kandis Hanson From: To: Sent: Subject: "Leah Weycker" <weyckerl@westonka.k12.mn.us> "Leah Weycker" <weyckerl@westonka.k12.mn.us> Thursday, May 20, 2004 11:03 AM WHCC.5/26/04 **Westonka Healthy Community Collaborative Wednesday, May 26, 2004** 12:00-1:30 PM Gillespie Center 2590 Commerce Blvd. Mound Any comments or questions, contact Leah Weycker, Collaborative Coordinator, at 952-491-8058 or ...W__e_.y__c~e_r!~.yv~_e_stQ~.,k!.2.~n_:__u~ 1. Lunch 12:00 Feel free to bring your own bag lunch or join us for a light "free will donation" lunch, suggested value $6.00. 2. Introductions 3. Additions or Changes to the Agenda / Minutes 4. Announcements 5. County wide priorities We will review the priorities for Hennepin County and The Alliance for Families and Children in Hennepin County. Grant funding, county spending and service coordination will be focused on these priority areas. 6. Community Statement- What others are doing. Amy Taggart will review some of the research she has done on developing community based support for alcohol and chemical abuse. "Example is not the main thing in influencing others. It is the only thing." - Albert Schweitzer 1875-1965 **Advisory Group Updates** Health - Depression and Suicide Awareness Task Force Sandy Olstad, Mary Goode, Jeanette Metz, Mark Brekke Camp TOAD students £ound additi6nal funding from the VFW. - 1618- 5/20/2004 Page 2 of 4 Ridgeview Hospital has agreed to give $7,500 to be-used for services at the clinic for uninsured or under insured people. We will be working with WeCAN to set up a method for allocating this service. Youth Activities - Skate Park Task Force Sandy Rauschendorfer-temp chair, Jean Ann Thayer, Kathy Jones, Kim Erickson Heiar The skate park bowl is done and the sidewalk around the park and the sign are needed in order to open the park for use. We need volunteers to finish the park! We are picking students to do NYPUM, the summer mini bike program with the YMCA. The word is out, many kids want to do the progam and it has been very successful. Parent Education Sandy Wing, Sandy Olstad, Bill Erickson, Amy Taggart The parent education group is designing a flier with information related to parenting that may be mailed out to families in the Westonka area. Community Margaret Holste, Carol Olson, Ginny Lozano, Jeanette Metz, Dena Kuenzel The Housing and Home Improvement Fair on May 4th, was well received but very limited attendance. This may be a project that should be done with other groups. The Community group will debrief about the housing fair. Executive / Finance Kim Heiar, Carol Olson, Margaret Holste, Sandy Wing, Sandy Raushendorfer, Mary Hughes The Executive group did not meet this month. Alliance for Families and Children in Hennepin County No new Alliance information. ** Westonka Healthy Community Collaborative Minutes - April 28, 2004** Present: Kim Erickson-Heiar, Carol Olson, Sandy Rauschendorfer, Sandy Olstad, Amy Taggart, Johanna Eckman, Ginny Lozano, Sandy Wing, Dena Kuenzel, Mary Goode, Mary Hughes, Elaine Lyman, JeanAnn Thayer, Laura Lundberg, Kathy Jones, Jennifer Brown, Jennifer Wigton, Gloria Lundberg-Jorgenson, Jessie Billiet, new Family Advocate for WeCAN, Leah Weycker Guests: Jim Skyrms, West Metro Faith Communities in Action 1. After introductions were made, the minutes were tabled until it is determined who made the motion to approve the budget at the last meeting. There were no changes to today's agenda. 2. Announcements: * Hennepin County is working on it's budget and would like citizen - 1619- 5/20/2004 II, I,l, Page 3 of 4 input. Leah shared a schedule including a hearing at the Ridgedale Library on May 10, 2004 from 2- 4 p.m. for this purpose. - * Sandy Olstad shared that the Ridgeview Hospital has designated $7,000 to cover medical costs for the underinsured or uninsured at area clinics. The WHCC Health Advisory Group will determine how to spend and handle the money. * A $37,500 donation for the Skate Park may be in jeopardy so further work on the Park is on hold since all the current funds have been spent. There is a need for donated cement to finish up several projects. Kids have been using it now, but they need to be told to come back when it's done. * Leah will be receiving the Volunteer Service Award from the Chamber at their Awards Banquet on Thursday this week. Members of WHCC are welcome to attend. Way to go, Leah!!!! * Flyers were shared for the Housing Fair the WHCC Community Advisory Group is sponsoring on May 4, 2004 from 6:30 - 9:00 p.m. at the Gillespie Center. Members were asked to help promote it. * Dena announced that Presbyterian Homes is having its 10th annual Alzheimer's Walk on Saturday, September 25, 2005, an event that raised $6,000 last year. They also plan to have community groups build scarecrows in the park for picture taking and a boutique with food. * A huge crowd attended the 9th annual ECFE "Kid Stuff" sale on 4/17/04. * Elaine Lyman, Hennepin County School Success Program, shared information about the program which is geared to helping families, schools, and communities support kid's success in school. She works with three school districts including Westonka. She hopes to focus on a community within our district, e.g. Mound, targeting families who are transient or those who keep kids home to babyrsit. School staff offered that she could attend the next Guidance Committee meeting to make contacts with school staff. * Gloria Lundberg-Jorgenson, from Hennepin County Human Services, shared a draft of the reorganization of the department which collapses six departments into one large one where staff are organized around functions and services. * Kathy Jones taught the chemical health brain information to the 10th grade health classes today and commented that "they were awake the whole time." 3. Update on Community Statement: There was an item in The Laker on April 24, 2004. Thanks to Kathy Jones for writing the letter in our name. The next step will be crafting an article for The Laker asking for feedback about the statement. 4. Jim Skyrms, West Metro Faith Communities in Action (WMFCA): Jim shared information about the group which provides advocacy for legislative and policy change affecting western Hennepin County. The group encourages citizens to vote, become informed and have their voices heard. They promote lively and thoughtful conversation about public policy based on a vision of what the state ought to be like, including health care, education, affordable housing, transportation, and decent - 1620- 5/20/2004 Page 4 of 4 wages. The group supports economic growth and social justice and increasing citizen participation in the process. He shared that - emergency action is needed now regarding State cuts in childcare subsidies which resulted in 1300 families being dropped from the program with many others being on the waiting list for lack of funding. This change dropped MN from 4th in the nation to 31 st. WMFCA is advocating that the Legislature fully fund those who are eligible, restore the funding cuts ($86 million), and assure that every child in MN get high quality child care. Jim also shared information about the MN Children's Health Security Act which would solve the problem of 60,000 - 70,000 children being uninsured in MN. Although there is no expectation that this bill would pass this legislative session, it is hoped that it would encourage thoughtful discussion and activate supporters. Jim shared postcards giving us a variety of ways to become involved in the work of WMFCA. Margaret moved, seconded by Carol, that the meeting be adjourned. Motion passed unanimously. Margaret Holste, Recorder - 1 621 - 5/20/2004 FROM LAKE M I NNETONKA COMMUN I CA TO P, 02 - 1622- 0S-19-2004 10:33AM FROM LAKE MINNETONKA COMMUNICA TO 4?206200 P.03 ~llII ,I, -1623- TOTRL P,03