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Agenda Packets - 1991/04/15
CITY OF MOUNDS VIEW CITY COUNCIL APRIL 15, 1991 7:00 P.M. AGENDA SESSION 1. Department Quarterly Reports o Finance Director Don Brager o Public Works Director Ric Minetor o Police Chief Tim Ramacher o Parks, Recreation and Forestry Director Mary Saarion o Fire Chief Ron Fagerstrom 2. Consideration of Staff Report Regarding Variance Appeal, 2673 Sherwood Road, Continental Development Corporation 3. Discussion of Staff Report Regarding Garages and Accessory Buildings 4. Consideration of Proclamation for Arbor Day and Arbor Month 5. Consideration of Staff Report Regarding Tree Removal Contract with Whitesell Tree Service, Inc. and Precision Landscape and ee;Ins. 6. Discussion Regarding Update of Park Improvement Projects 7. Consideration of Resolution No. 4069 Relating to the Issuance of Certain General Obligation Bonds for Fire Protection Purposes and Levying Taxes for the City's Share Thereof • AGENDA PAGE TWO APRIL 15, 1991 8. Consideration of Resolution No. 4070 Regarding Recognition for Edgewood 6th Grader Mark Gibson for being the First Student to Represent District 621 in the Star Tribune State Spelling Bee 9. Discussion of Feasibility for Handicapped Housing - Councilmember Wuori 10. Discussion regarding "Information Only" Material for Council 11. Consideration of Resolution Awarding the Sale of $2,875,000 General Obligation Water Revenue Bonds and Setting the Terms. 12. Discussion of the Creation of a County Road J Land Use Study Task Force. NEXT REGULAR MEETING: APRIL 22, 1991 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATOR DATE: APRIL 11, 1991 RE: INDEX FOR APRIL 15, 1991 AGENDA SESSION PACKET ***************************************************************** MEETINGS SCHEDULED FOR THE WEEK OF APRIL 15, 1991 City Council Agenda Session - 7:00 p.m. , April 15, 1991 Environmental Quality Task Force - 7:30 p.m. , April 16, 1991 Planning Commission Agenda Session - 7 :30 p.m, April 17, 1991 Ramsey County League of Local Government - 7:00 p.m. , April 17, 1991 ITEMS PROVIDED IN THIS WEEK'S AGENDA PACKET: 1. Agenda 2 . Meeting Notice for the Joint Meeting of the Ramsey County Cities Regarding Continued Discussion of Municipal Cooperative Efforts, April 27, 1991 3. Meeting Notice for Goal Setting Session, May 10 and 11, 1991 4 . Informational Item - Citizen Complaint Memorandum from City Administrator Orduno Dated April 9, 1991 5 . Informational Staff Report - Ramsey County "Cooperative Study" Legislation from City Administrator Orduno Dated April 11, 1991 so/mjs TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATOR DATE: APRIL 11, 1991 RE: NEW AGENDA SESSION STAFF REPORT FORMAT ***************************************************************** Today you are experiencing what I hope will be a more organized, efficient and understandable method of providing staff reports to you for both agenda sessions and Council meetings. The format used for agenda sessions has been used for the first time this week. In using staff reports of this kind, we will have a uniform format which will provide a systematic approach to records management. I hope you like it! so/mjs REQUEST FOR COUNCIL CONSIDERATION Agenda Section: T tPm 2 OMf�D� STAFF REPORT Report Number: 91 -1A OM AGENDA SESSION DATE Apr i 1 15, 1991 Report Date: 4-11-91 • DISPOSITION Item Description: Variance Appeal , 2673 Sherwood Road, Continental Development Corporation Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) FUMMARY; The Mounds View Planning Commission has reviewed and denied the request for the variance of Mr. Chuck Cook, representing Continental Development, at their regularly scheduled meeting of March 6, 1991. Pursuant to City Codes, Mr. Cook has elected to exercise his right of appeal. A copy of the letter of appeal is attached. Mr. Chuck Cook has requested a variance to allow the construction of a single family home at 2673 Sherwood Road, legally known as Lot 16, Block 1, Red Oak Park,with a front yard setback of 30 feet where a 58 foot setback is required by a previous planning action. In the Fall of 1986, Mr. Cook received approval of a major subdivision for what is currently Red Oak Park. At Ipthe time of approval for that plat, stipulations covering setback requirements for certain lots within the subdivision were included in City Council Resolution No. 2120. Specifically, Lot 16 was to have a front yard setback of 58 feet. This stipulation was intended to keep a principal structure located on the property in line with three (3) homes to the immediate east of the subject property which all had front yard setbacks of approximately 58 feet. In addition to the aforementioned front yard setback requirement, a 25 foot drainage easement is located along the eastern property line. This easement, along with the required building setback on the west property line, severely limit the width of the buildable area on the lot. As a result of these limitations, the location of a home on the property with an orientation towards Sherwood Road becomes quite difficult. I-have-included-copies-of the-site--planTelevat-ions,-floor-plan,-plat, City-Sauncil Resoiution To-.-2t20and Planning Commission Resolution No. 309-91 for your review. If there is any additional information you need, please do not hesitate to call. 1 Harrington, Pla. i'e: Technician 4110 RECOMMENDATION; Staff recommends denial of the variance request appeal. n, 4P81910 CONTINENTAL DEVELOPMENT CORPORATIO c ��< ,�A 12093 IT,RX STREET cam. COON RAPIDS, MN 55433 �r tzzzii z' April 3, 1991 City of Mounds View City Council 2401 Highway 10 Mounds View, MN 55112 RE: Variance Appeal Dear City Council: The purpose of this letter is to formally request an appeal of my variance denial from the Planning Commission at their meeting of March 6, 1991. Enclosed you will find a copy of my initial letter to the Planning Commission, in which I explain my request. Under your city ordinance #40.05 subd. C, A, the front yard set back for lots in this situation may vary from 30 feet to the greatest set back of the buildings on the adjoining lots. My new home buyers for this lot are Steve and Linda Peterson of Mounds View. Linda has personally spoken with all of the adjoining property owners to this lot. She has explained our request and has not received any objection from any of the neighbors. Please give this request your careful c• Respectfully, eLaeo dr-er • Charles S. Cook, President Continental Development Corporation enclosure 411 ~~~ CONTINENTAL DEVELOPMENT CORPORATION 12093 ILEX STREET COON RAPIDS, MN 55433 February 8, 1991 City of Mounds View Planning and Zoning 2401 Highway 10 Mounds View, MN 55112 Re: Front set back variance Dear Planning and Zoning Commission : This is a request for variance to allow a 30 foot front yard set back for a new house to be built on Lot 16 of Red Oak Park . Enclosed you will find : 1 ) A reduced copy of the original preliminary plat of Red Oak Park. ��� 2) A lot survey of lot 16 showing the placement of the proposed new house, as well as the easements and set backs. 3) A copy of the plat showing lot 16. 4) The proposed house plan for lot 16. When I originally platted this property in April of 1986, a condition of the plat approval was a 58 foot front yard set back for lot 16. This set back was required as a means to try to align the new house in lots 15 and 16 of the plat with the set backs of the existing homes on the adjoining property . At the time, this requirement did not concern me. Now, a er our years, i as proven very NifffaTrt-to designanc!sasll_a1home on lot_16_with_its very ivP building set backs. Lot 16 is 75 feet wide. There is a 25 foot storm sewer easement on the east side of the lot. On the west side, the building setback requirements are 5 feet for the garage and 10 feet for the house. This reduces the maximum house width to 40 feet. With a 58 foot front set back and a 30 foot rear set back , the maximum depth of the house and garage is also reduced down to 58 feet. With these set back limitations, I have not been able to sell a conventionally designed home on this lot. Lots 2, 3 and 4 all have homes which were built with a 30 foot set back from Sherwood Road . Lots 5 through 15 all have new homes which were built with 30 foot front yard set backs from Red Oak Court. ^ ^ . . 411 The home directly across Sherwood Road from lot 16, located on the southwest corner of Sherwood Road and Sunnyside Road , is built approximately 16 feet from its front property line. The house on the southeast corner of this intersection is built with a 29 foot front set back . As you can see, there is much inconsistency in these set backs. I now have an opportunity to build a very nice home on lot 16, but this requires a variance from the 58 foot set back imposed at plat approval . I do not feel that reducing this set back to 30 feet -will have a detrimental effect on any adjoining property owners. The new home buyers are Steve and Linda Peterson , who are presently residents of Mounds View. They have joined this application with me. A quick drive by the property and viewing the varied set backs will give a perspective to this request. Feel free to call me if you have any questions, 757-7568. Respectfully , ' Charles S. Cook , President Continental Development Corporation enclosures 411 Page - 2 / ..„,-- a 4y� 811 .J �+ • Ci) limmi_ ,V cm's' 4.,..,...L.,__1_,, �.�� • ti��j����'• "L;- ; �--fit ini= tr: ?e;irlIF .-- ii 11 . .„ 1 , % rip.g_iii 1 0 —,%-,--,/•\\- p. • >ff° ,, s r71.1 . � _,...._ _ __. ,.. .i o � Y _...../ ,„, ,,/,Y0 .,...,4i'ir ,<;.. 8 c' alti i\ W ® �� t N . I 1 ` • Ali �' f•----a �r�_. _ r•, 400 _, __.p cez.-_ - ., r; -' 1 '`��-•-- /moi - c—A x,i,, ri:._: : rro^h 'r:r _r Il .. k� fi Vim' -;;• 4,111 Ili , g ° + `: i' �I �' �.r �, ri ce=r_ 1,,,,,llln Huh_ :.• a�,� 1 " Ililr�i ..I�1 �:• 1 iF ��� `�(•` 04'0.1li ll is .t i -';-..--.• S :1111 , I t 1, ���j�l.i ,,i, ,!r -_ `1 C C at Ve ,,,,Ii I Y`. �Ii��r'��i� I4�illir'rill"!II I��''t1 j �T �,tf. 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I , I . i 1 4 N . 4 1 p .. ,..... • L E. ..., _ .. , -7,............ • .......I N -..-.7 0 0 . 0 e a 00 k _....> I I OD_ PI i-- OL I I ( '-\ 0 . ... , 1 _./ ._• . . li) i , — --- _ \\ • . - . . - - \ ".1 N e-N,, RESOLUTION NO. 2120 ..,411 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REGARDING PLANNING CASE NO. 184-86 , RED OAK PARK MAJOR SUBDIVISION (RED OAK DRIVE AND SHERWOOD ROAD) WHEREAS, Mr. Chuck Cook has requested City approval of a -3 major subdivision; and - WHEREAS, the request is to subdivide the property into 16 lots and to grant a drainage easement for a detention pond over a portion of lots 8, 9 and 10; and WHEREAS, the preliminary plat satisfies all City Code requirements including Chapters 40 , 42, 48, 49, 49A and State statutes; and - WHEREAS, the development will +be reviewed and approved by the Rice Creek Watershed District (RCWD) prior to construction; and E WHEREAS, there is no wetland or flood plain located on the Csubdivisiosn; and IIIWHEREAS, an informational meeting was held on January 29, 1986; and E •WHEREAS, Lot 2 shall have a sideyard setback of 44 feet; and WHEREAS, Lot Nos. 1, 15 and 16 shall have front yard { setback of 44 feet, 58 feet and 58 feet, respectively; ; NOW, THEREFORE, BE IT RESOTVED that the Mounds View City Council approves the request by Chuck Cook to subdivide the land as presented in the drawings received by the City on September 25 , 1986 , contingent-upon-approval-I-re—Rice Cree-Wa--ez shed ' District and entering into a development agreement. Adopted this 27st day of October, 198. . s ATTEST: /Or 4 --- rePZ , Ma� kawre (SEAL) Allik # / 3?ougme. !II - C erx minis rato 11 im MW MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 309-91 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING VARIANCE REQUEST BY CONTINENTAL DEVELOPMENT FOR A FRONT YARD SETBACK, 2673 SHERWOOD ROAD, PLANNING CASE NO. 321-91 WHEREAS, the Planning Commission has reviewed the request by Continental Development for a variance to allow the construction of a single family residence into the front yard setback; and WHEREAS, the Planning Commission has determined that the hardships that exist on the lot were self-created by the applicant at the time of platting; and WHEREAS, a 58 foot front yard setback is required for the lot by a previous planning action; and WHEREAS, a 25 foot drainage easement is located along the east property line; and WHEREAS, the Planning Commission has reviewed and taken into consideration the applicant's hardship statement as required • for a variance request; and WHEREAS, the Planning Commission has reviewed the criteria for granting a variance; and WHEREAS, the Planning Commission has determined that alternatives to a variance do exist, therefore, the request is not the minimum needed to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission denies the request of Continental Development to rr nst-rnct a single faml-l3s�elsi-dence 28 feet ince-thefront yard setback. BE IT FURTHER RESOLVED that the applicant has the right to appeal to the Mounds View City Council as allowed for in Section 40 .26, Subdivisions (e) and (f) , of the Mounds View of the Mounds View Municipal Code. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes . Adopted this 6th day of March, 1991. ATTEST: 411 Chairman (SEAL) Planning Technician 111J7 REQUEST FOR COUNCIL CONSIDERATION Agenda Section: Item 3 708 STAFF REPORT Report Number: 91-2A lb AGENDA SESSION DATE . Aori 1 15, 1991 Report Date: 4-11-91 A DISPOSITION Item Description: Report Regarding Garages and Accessory Buildings Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: Pursuant to your request at the April 8, 1991, City Council meeting, I have capsuled the regulations governing garages and accessory building in an R-1, Single Family Zoning District in the following paragraphs. Hopefully, this will eliminate any confusion that exists. A private garage is defined by the Municipal Code as"a detached accessory building or portion of the principal building, including a carport, which is used for storing vehicles." Accessory building or use is defined as "a subordinate building or use which is located on the same lot which the main building or use is situated on and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use." SVithinthe R-1 District, each dwelling unit is permitted one (1) private garage. Limitations on the garage tructures are height (15 feet), and setback (5 feet from all lot lines). Additionally, no garage shall exceed 864 ) square feet nor shall it occupy more than 25 percent of the rear yard. One (1) accessory building other than a garage is also allowed in any "R" District. Limitations on the accessory building are height (15 feet maximum), setback (5 feet from all lot lines), and size (216 square feet). Also, as with a garage, no accessory building shall occupy more than 25 percent of the rear yard. The aforementioned requirements can be found in Chapter 40.10, Subdivision C(1) and (2). The Municipal Code allows for increased accessory building square footage by conditional use permit. Chapter 40.10, Subdivision D(6) allows for up to 400 square feet with the acquisition of a conditional use permit. At the April 8th meeting the issue of compatibility, as it relates to the principal structures and accessory structures,was raised. Presently, the Code states that the accessory building shall be, "...designed and maintained to provide a uniform appearance with the dwelling unit." Although this may appear to be a somewhat vague description, it does provide enough latitude to allow certain types of pre-engineered buildings such as those available at Knox and Menards to be acceptable. Conversely, this definition, when interpreted literally, could have the potential of requiring residents to use similar materials on the exterior walls of the accessory building as those used on the dwelling unit. For example, would a home with a brick exterior be required to have a brick exterior on any accessory structures? Council may choose to make revisions and/or corrections to the section of the Municipal Code regulating garages and accessory buildings. Any potential actions taken to amend the Municipal Code will need to first go to Planning Commission and then to City Council. • � RECOMMENDATION; '•• 1 Ha '.gton_Pla 1 '. Technician Staff recommends that the language used to define terms within this section of the Code be examined and any items which need to be better defined in order to eliminate any contradictory or inconsistent wording be reviewed. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: I tem 4 11117133 STAFF REPORT Report Number: 9 -3 A AGENDA SESSION DATE April 15, 1991 Report Date: 4-3-91 DISPOSITION Item Description: Arbor Day Proclamation Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The Parks, Recreation and Forestry Department wishes the City Council to proclaim April 24, 1991 as Arbor Day and the month of May as Arbor month in the City of Mounds View with the reading of the following Proclamation: (See other side) MaryS --=rion Direc for of Parks, Recreation & Forestry • • gE COMMENDATION; PROCLAMATION i ARBOR DAY AND ARBOR MONTH IN THE CITY OF MOUNDS VIEW WHEREAS, the City of Mounds View has been recognized by the National Arbor Day Foundation as a Tree City USA for nine consecutive years; and WHEREAS, trees in our City beautify our surroundings, increase property values and enhance the economic vitality of business areas; and •WHEREAS, school children, citizens and staff of Mounds View will be planting trees April 24 at Greenfield Park in support of the state effort known as "Minnesota Re Leaf; and NOW, THEREFORE, BE IT PROCLAIMED, that I, Jerry Linke, Mayor of the City of Mounds View, Minnesota, do hereby proclaim April 24, 1-991;as Arbor-Day-in the City of Mounds View. BE IT FURTHER PROCLAIMED that the month of May be "Arbor Month" and that public spirited and foresighted citizens be called upon to plant trees now for the enjoyment and use of future generations. Jerry Linke, Mayor • • PROCLAMATION ARBOR DAY AND ARBOR MONTH IN THE CITY OF MOUNDS VIEW WHEREAS, the City of Mounds View has been recognized by the National Arbor Day Foundation as a Tree City USA for nine consecutive years; and WHEREAS, trees in our City beautify our surroundings, increase property values and enhance the economic vitality of business areas; and WHEREAS, school children, citizens and `staff of Mounds View will be planting trees April 24 at Greenfield Park in support of the state effort known as "Minnesota Re Leaf'; and NOW, THEREFORE, BE IT PROCLAIMED, that I, Jerry Linke, Mayor of the City of Mounds View, Minnesota, do hereby proclaim April 24, 1991, as Arbor Day in the City of Mounds View. BE IT FURTHER PROCLAIMED that the month of May be "Arbor Month" and that public spirited and foresighted citizens be called upon to plant trees now for the enjoyment and use of future generations. Jerry Linke, Mayor • ©7 )Et' Agenda FOR COUNCIL CONSIDERATION 91_4 ONJM�� Report Number: U��MIu° Report Date: 4/3/91 • AGENDA SESection: Item 5 STAFF SSION DATE Agenda REPORT April 15. 1991 DISPOSITION Item Description: Tree Removal Contract Agreement Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Forester Richard Wriskey has received bids from contractors for the removal of trees and stumps. After reviewing the bids Forester Wriskey is recommending Whitesell ' s Tree Service, Inc. and Precision Landscape and Tree Inc. for their services in 1991 . Both of these companies have been contracted before with the City for the removal of trees and stumps. It is Forester Wriskey's opinion that these firms provide a tree and stump removal service that offers residents and the City of Mounds View the best service at the most reasonable cost. • Mary Say ion Parks, ecreation and Forestry Director • RECOMMENDATION; Approval for contracting with Precision Landscape and Tree, Inc. and Whitesell ' s Tree Service, Inc. for tree and stump removal services until December 31 , 1991 . REQUEST FOR COUNCIL CONSIDERATION Agenda Section: Item 6 OMf�D�S STAFF REPORT Report Number: 91-6A ate'• AGENDA SESSION DATE April 15, 1991 Report Date: 4-11-91 DISPOSITION Ade-Li 41- - !n Item Description: Resolution No. 4071 - Special Recognition to Mark Gibson Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: Attached please find a resolution of special recognition for Mark Gibson, a sixth grader, at Edgewood Middle School who is participating in the Star Tribune State Spelling Bee. 4 ),‘6„ Q -Samantha Ordun :t? =:' City Administrator RF,,COMMENDATION; Place on Consent Agenda of April 22, 1991 for Council Approval. 1 RESOLUTION NO. 4071 410 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF SPECIAL RECOGNITION TO MARK GIBSON, 6TH GRADER AT EDGEWOOD MIDDLE SCHOOL FOR HIS PARTICIPATION IN THE STAR TRIBUNE STATE SPELLING BEE • WHEREAS, Edgewood Middle School sixth-grader Mark Gibson is the first student to represent Mounds View District 621 in the Star Tribune State Spelling Bee; and WHEREAS, Mark has exemplified consistent outstanding ability and achievement in spelling by representing Pinewood Elementary School in District Spelling Bees the past 3 years; and WHEREAS, Mark represented Edgewood Middle School in the District Spelling Bee and won the first place title; and WHEREAS, his specialtalent and hard work .is deserving of special recognition from his school and his community. NOW, THEREFORE, BE IT RESOLVED that the City Council in and for the City of Mounds View does hereby recognize the special achievements of Mark Gibson and does further declare Wednesday, April 26, 1991 as "Mark Gibson Day" in the City of Mounds View. Congratulations Mark: Adopted this 22nd day of April, 1991. ATTEST: Mayor Jerry Linke Councilmember Blanchard Councilmember Quick Councilmember Rickaby Councilmember Wuori SEAL: 411 Clerk-Administrator Samantha Orduno b • REQUEST FOR COUNCIL CONSIDERATION Agenda Section: Item 7 OMI�E STAFF REPORT Report Number: 91-5A E AGENDA SESSION DATE April 15, 1991 Report Date: 4-11-91 • DISPOSITION Item Description: Resolution No. 4069 Relating to the Issuance of Certain General Obligation Bonds for Fire Protection Purposes and Levying Taxes for the City's Share Thereof Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The City of Blaine has set the public sale of the 1990 issue of the Fire Improvement Bonds for April 18, 1991. Approval of the attached resolution is necessary for the bond sale to proceed. Each of the three cities will approve similar resolutions . The current "formula" shares of the three cities is 67 . 65% for Blaine, 21. 15% for Mounds View and 11.20% for Spring Lake Park. Mounds View's initial share of the debt service is $941. 175 . The resolution allocates (in separate paragraphs) each city's respective share of the debt and further makes the appropriate fundings and determiniations. Following the sale of the Bonds on the 18th, Jim O'Meara, the representative Bond Counsel, will be able to insert the actual interest rates in the resolution. Based on the actual rates, the financial advisor to the City of Blaine (the issuer of the Bonds) will •e a. e o ca cu a e e total amount of ax evies nee•e• o provi•e • - statutorily required-debt_service coverage-- - - >2 . Samantha rduno City Administrato RECOMMENDATION; EXTRACT OF MINUTES OF A MEETING OP . THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESO Pursuant to due call and notice hereof, a regular or special m -eting of the City Council of th-- City of Mounds View, Minnesota, was duly held in the Mounds V ew City Hall on the 22nd day of Apri' , 1991, commencing at 7:00 • 'clock P.M. , C.T. Th-` following Councilmember- were present: and the followin• were absent: Councilmem•-r introduced the following resolution, he re-ding of which was waived by unanimous consent of th- Co cil, and moved its adoption: RESO UTIO NO. 4069 • RESOLUTION 'ELATING TO •E ISSUANCE OF CERTAIN GENERAL OBLIGA ,ION BONDS FO.' FIRE PROTECTION 'URPOSES AND LEVYIN' TAXES FOR THE CIT 'S SHARE THEREOF BE IT 'ESOLVED by the City Cou •cil (the "Council") of the City of Mou, ds View, Minnesota (the "• •ty") , as follows: 1. Rec. als. (a The Cities of Mounds View, Blain_ and Spring Lake Park (•ollectively, the "Cities") jointly c••perate in meetin• their municipal fire protection needs and have for that !-urpose entered into various contracts wi • the Spring Lake 'ark Fire Department, Inc. , a Minnesota non •rofit corp•ration. (b) The Cities entered into a certain Joint Po -rs Ag. eement for the Provision of Fire Protection Service- 15717 • 1 , 411 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESOTA Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Mounds View, Minnesota, was duly held in the Mounds View City Hall on the 22nd day of April, 1991, commencing at o'clock P.M. , C.T. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution, the reading of which was waived by unanimous consent of the Council, and moved its adoption: • RESOLUTION NO. RESOLUTION RELATING TO THE ISSUANCE OF CERTAIN GENERAL OBLIGATION BONDS FOR FIRE PROTECTION PURPOSES AND LEVYING TAXES FOR THE CITY'S SHARE THEREOF BE IT RESOLVED by the City Council (the "Council") of the City of Mounds View, Minnesota (the "City") , as follows: 1. Recitals. (a) The Cities of Mounds View, Blaine, and Spring Lake Park (collectively, the "Cities") jointly cooperate in meeting their municipal fire protection needs and have for that purpose entered into various contracts with the Spring Lake Park Fire Department, Inc. , a Minnesota non-profit corporation. (b) The Cities entered into a certain Joint Powers Agreement for the Provision of Fire Protection Services, • 15717 1 1 • • dated December 11, 1990 (the "Joint Powers Agreement") , providing in part for the issuance by the City of Blaine (on behalf of all the Cities) of its bonds in an amount not to exceed $4 ,450, 000 (the "Bonds") for the purpose of defraying the expense of the acquisition, construction, furnishing, and betterment of land, buildings, and equipment for municipal fire protection and firefighting purposes. (c) Pursuant to Section III(G) of the Joint Powers Agreement, each City's share of the debt service on the Bonds is from year to year equal to that City's percentage for that year derived from a certain formula (the "Formula") multiplied by the total amount of debt service due on the Bonds in the applicable year. (d) The City's Formula share applicable for 1992 (the year in which first payment of debt service on the Bonds occurs) is 22 .75%. Accordingly, the City's share of the principal amount of the Bonds (which share is hereinafter referred to as the "City's Bonds") is initially $1, 012, 375. (e) At the general municipal election held in the City on November 6, 1990, the electorate of the City gave its approval by a vote of 3 , 198 in favor to 1, 317 opposed to the following question, which was duly presented to the electorate for its consideration: • "Shall the City of Mounds View, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $945, 000 to defray the expense of the acquisition, construction, furnishing, and betterment of land, buildings and equipment for municipal fire protection and fire- fighting purposes?" M--- the-nt-erests-of—ef ici-eney, and-as-provided-In the Joint Powers Ag eement, the City of Blaine is to be the issuer of the Bonds, and the Council has been advised that on April 18, 1991, the Blaine City Council adopted a resolution awarding the public sale and setting the terms of the Bonds. Pursuant to that resolution, the Bonds will be dated as of May 1, 1991, will mature on February 1 in the years and amounts, and will bear per annum interest, respectively, as follows: M 15717 2 • Maturity Year Amount Interest Rate 1994 $ 125, 000 1995 135, 000 1996 140, 000 1997 150, 000 1998 165, 000 1999 175, 000 2000 185, 000 2001 195, 000 2002 210, 000 2003 220, 000 2004 235, 000 2005 250, 000 2006 265, 000 2007 280, 000 2008 300, 000 2009 320, 000 2010 345, 000 2011 365, 000 2012 390, 000 $4,450, 000 2 . Purpose and Ratification. The purpose of this Resolution is in part to provide for the security for and payment of the City's Bonds pursuant to Minnesota Statutes, Section • 475. 61, to the same extent and with the same effect as though the City had issued the City's Bonds. The Council hereby ratifies and approves the issuance of the Bonds by the City of Blaine for the benefit of the Cities and the Council further reaffirms and ratifies the City's obligation to contribute its share of the debt service on those Bonds from year to year. 3 . Small Issuer; Rebate. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements provided in Section 148 (f) (4) (D) of the Internal Revenue Code of 1986, as amended (the "Code") , the City hereby finds, determines and declares that (1) the City is, and the Bonds arc issued bye—governmenta-l—uri a- _ - ' • powers, (2) no Bondis a private activity bond, (3) 95% or more_ - --- of the net proceeds of the City's 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 (4) the sum of the $1, 012, 375 of the City's Bonds plus the aggregate face amount of all other tax-exempt obligations (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 1991 calendar year is not reasonably expected to exceed $5, 000,000, all within the meaning of Section III15717 3 • 148 (f) (4) (D) of the Code. For purposes of the foregoing, the City is treating the City's Bonds as a loan made by the City of Blaine to the City within the meaning of Section 148 (f) (4) (D) - (ii) (II) of the Code. 4. 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 City's Bonds are issued after August 7, 1986; (b) the City's Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the City's Bonds as "qualified tax-exempt obligations" for purposes of Section 265 (b) (3) of the Code; (d) the sum of the $1, 012 , 375 of the City's Bonds plus the reasonably anticipated amount of all other 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 subordinate to, or treated as one issuer with, the City) • during calendar year 1991 will not exceed $10, 000, 000; (e) the sum of the $1, 012, 375 of the City's Bonds plus the aggregate principal amount of all other obligations issued or to be issued by the City during calendar year 1991 which have been designated or which are anticipated to be eligible for designation for purposes of Section 265(b) (3) of the Code does not and is not reasonably expected to exceed $10, 000, 000; and (f) pursuant to Section 265 (b) (3) (C) (iii) of the Code, the City states that it is receiving the benefits from the issuance of the—$1,012, 375 he—Cwt 's—Bonds—azo �re—C hereby irrevocably agrees with the City of Blaine to the allocation of said amount to the City for purposes of Section 265 (b) (3) of the Code and further agrees and finds that said allocation bears a reasonable relationship to the respective benefits received. 5. Tax Levies. To provide moneys for payment of the principal of and interest on the City's Bonds, and for the benefit of the owners from time to time of the City's Bonds and for the benefit of the City of Blaine in respect of its payment . 15717 4 • obligations as the issuer thereof, 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 Year of Tax Levy Collection Amount 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 • 2008 2009 2009 2010 2010 2011 The tax levies shall be irrepealable so long as any of the City's 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 , and to reduce or increase the levies in response to changes from year to year in the City's Formula share of the debt service on the Bonds. t is—hereby—found and—dete-rm-ilred—th - provided herein for the payment of the City's Bonds will be available in amounts sufficient to produce at least five percent (5%) in excess of the amount needed to meet, when due, the principal and interest payments on the City's Bonds. For the prompt and full payment of the principal and interest on the City's Bonds, as the same respectively become due, the full faith and credit and taxing powers of the City shall be and are hereby irrevocably pledged. t 15717 5 The provisions of this Resolution are made expressly for the benefit of the owners from time to time of the City's Bonds and for the benefit of the City of Blaine in respect of its obligation as issuer thereof to make timely and full payment of the debt service thereon. The City irrevocably pledges to use such amounts of the foregoing levies and, in the event of any insufficiency thereof, such other available funds of the City as may be necessary to provide for the timely and full payment of the debt service on the City's Bonds. The City Clerk-Administrator is directed to file a certified copy of this Resolution with the Director of Property Taxation of Ramsey County and to obtain the certificate of said official required by Minnesota Statutes, Section 475. 63 . Adopted this 22nd day of April, 1991, by the Mounds View City Council. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. • 15717 6 Jf REQUEST FOR COUNCIL CONSIDERATION Agenda Section: Ttem 7 1111703 STAFF REPORT Report Number: 91-7A AGENDA SESSION DATE April 15, 1991 Report Date: 4-1 1-91 • DISPOSITION Item Description: Discussion of Feasibility for Handicapped Housing - Councilmember Wuori Administrator's Review/Recommendation: - - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; See other side for news article brought in by Councilmember Wuori regarding the above referenced subject. i r RECOMMENDATION: —Business Media—April 1991 • Handicapped . housing comes •to Champlin "This building represents the absolute state- -... —of-the-art-in terms of designing living envi- by Michael Bjerkesett •ronments for mobility-impaired persons," 535-9771 said Accessible Space, Inc.'s (ASI)Presi- Wiggins Apartments in Champlin is a new dent Stephen.Vander—Schaaf. :`The 24 unit building-designed for persons with building's location at.206-Hayden Lake physical disabilities. Road in Champlin is ideal,the surrounding area allows for easy wheelchair access to Special features include electronic systemsthis community's many features;like the which allow residents to open the building Mississippi River, a major park preserve, • 'door by remote control. The same system shopping virtually in the backyard,govern- will call the:elevator, select the elevator ment services,restaurants,churches,public transit, banking, community•center and •.stop,open the apartment door and turn on an grocery." appliance or light inside the apartment. _ Persons who require personal attendant care Residents of the building will be eligible for can call for assistance with the same system, AS I's personal attendant care services which and trained attendants will be in the building will be provided on a 24 hour shared service on-call 24 hours a day. basis. The building has a complete sprinkler sys- The two corporations responsible for this tern for fire protection, trash chutes on all development,ASI.and the National Handl- levels,special'quad'release window hard- _ capped Housing Institute,Inc.(NHHI),have ware, lever door handles throughout, a over 27 years experience in developing, ,magnetic card security.system, open unit designing, managing and providing serv- •design for maximum.accessibility, large ices relative to housing for the handicapped. multi-purpose meeting room,large laundry room,outdoor tet'race.with gas_grill,fully carpeted apartments and building commons. - -; The City of Champlin provided tax incre- ment financing for many of the project's special features and.for the acquisition of land. The U.S. Department of HUD pro- ' vide& the.construction monies and will • • subsidize rents for lowincome.residents. c Agenda Section: I tem REQUEST FOR COUNCIL CONSIDERATION STAFF REPORT Report Number: 91-6A • AGENDA SESSION DATE April 15, 1991 Report Date: 4-11-91 DISPOSITION Item Description: Resolution No, 4071 - Special Recognition to Mark Gibson Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached please find a resolution of special recognition for Mark Gibson, a sixth grader, at Edgewood Middle School who is participating in the Star Tribune State Spelling Bee. 4il amantha Ordun • City Administrator 411 RECOMMENDATION: Place on Consent Agenda of April 22, 1991 for Council Approval. RESOLUTION NO. 4071 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF SPECIAL RECOGNITION TO MARK GIBSON, 6TH GRADER AT EDGEWOOD MIDDLE SCHOOL FOR HIS PARTICIPATION IN THE STAR TRIBUNE STATE SPELLING BEE WHEREAS, Edgewood Middle School sixth-grader Mark Gibson is the first student to represent Mounds View District 621 in the Star Tribune State Spelling Bee; and WHEREAS, Mark has exemplified consistent outstanding ability and achievement in spelling by representing Pinewood Elementary School in District Spelling Bees the past 3 years; and WHEREAS, Mark represented Edgewood Middle School in the District Spelling Bee and won the first place title; and WHEREAS, his special talent and hard work is deserving of special recognition from his school and his community. • NOW, THEREFORE, BE IT RESOLVED that the City Council in and for the City of Mounds View does hereby recognize the special achievements of Mark Gibson and does further declare Wednesday, April 26, 1991 as "Mark Gibson Day" in the City of Mounds View. Congratulations Mark! ' Adopted this 22nd day of April, 1991. ATTEST: Mayor Jerry Linke Councilmember Blanchard Councilmember Quick Councilmember Rickaby Councilmember Wuori SEAL: • Clerk-Administrator Samantha Orduno • j 3 /9 C7 M27//,(1e42 j ''ttrJ)'d )5; /- % i / ) 9(9- 77 - /4},c-e-0--c/_ ch, - e 7 / -e74' y U/9• - 6c=7i A5zzyvya-e4-(56- 2-71z-tyL 1 ;fL 61(_L 1 / Adx6) iL-evt_&(Le // • - /T/y/i' (07 g-7eCL__ • ' ayy-(_a_g P/L,Ao_c/idr.2, /Jo kted WZ-E- /0/ ' • ‘,VAL_ I s 0 = f w • 111,•x/ /J /___r____e.j ("1---(---- 1 0 / ,0 t ' ' . '��t a., , ' .moi u'.., ,� 1/ 2de % .e ` 1 " , ' J ., 67,e___, / ..... _..., :-.24,22-o-ie 2?/--,c,' C, . v/z) . 0 , ,/ ,. j i • ,:ira-t/-z_l_t 4,1 , 9 y 0 Ce„..77 . d-e, 72 _ 7f _6 v6. • // introduced the follow- ing Resolution, the reading of which was waived by unanimous consent of the Council, and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2 ,875, 000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991A BE IT RESOLVED by the City Council (the "Council") of the City of Mounds View, Minnesota (the "City") , as follows: 1. It is hereby determined: (a) That the improvements to the City's municipal water system (the "Improvements") described in the Council's March 25, 1991, resolution relating to these Bonds have been duly ordered by the City and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with Minnesota Statutes, Section 444 . 075. (b) That is it necessary and expedient to the sound financial management of the affairs of the City that the City issue its bonds pursuant to Minnesota Statutes, Section 444 . 075 and Chapter 475, to provide financing for the Improvements. 2 . Acceptance of Offer. The bid of (the "Purchaser") to purchase the City's $2, 875, 000 General Obligation Water Revenue Bonds, Series 1991A (the "Bonds") , as described in the notice of sale thereof, is hereby found and determined . .- • - • ' • - . . . .-st hi received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, the Bonds to bear interest, to mature in the years and amounts, and to be subject to such other terms and conditions as hereinafter provided. The sum of $ , being the amount bid in excess of $2 , 837, 625, shall be credited to the Debt Service Account hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forthwith. 3 . Title; Original Issue Date; Denominations; • Maturities. The Bonds shall be titled "General Obligation Water 16244 2 . . , • Revenue Bonds, Series 1991A, " shall be dated May 1, 1991, 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 Bonds shall mature on February 1 in the years and amounts as follows: Years Amounts Years Amounts 1993 $ 35, 000 2004 $135,000 1994 55, 000 2005 145, 000 1995 80, 000 2006 155, 000 1996 85, 000 2007 165, 000 1997 90, 000 2008 175, 000 1998 95, 000 2009 190, 000 1999 100, 000 2010 205,000 2000 105, 000 2011 215, 000 2001 115, 000 2012 230,000 2002 120, 000 2013 250, 000 2003 130, 000 4 . 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. • 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, 1992, calculated on the basis of a 360-day year consisting 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 1993 2004 1994 2005 1995 2006 1996 2007 1997 2008 1998 2009 1999 2010 2000 2011 2001 2012 2002 2013 2003 410 16244 3 6. Redemption. All Bonds maturing after February 1, 2000, shall be subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; 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. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. 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 of that maturity 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 411 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 or Bond Registrar duly executed by the registered owner thereof or by the registered owner's attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner 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 registered owner, 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 , , 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 0 unless and until a successor paying agent is duly appointed. The 16244 4 410 principal of and interest on the Bonds shall be paid to the registered owners (or record owners) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 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: 410 16244 5 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MOUNDS VIEW R- $ GENERAL OBLIGATION WATER REVENUE BOND, SERIES 1991A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP May 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Mounds View, Ramsey County, Minnesota (the "City") , hereby acknowledges itself to be 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 duly called for earlier redemption, and 411 to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date") , commencing February 1, 1992, at the rate per annum specified above (calculated on the basis of a 360-day year consisting 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 • _ " :• � . ; -. " • ,• as paying agent, or at the principal office of any successor paying agent duly appointed by the City. - 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 "Registered Owner") 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 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 Registered Owner hereof as of the Regular Record Date, and shall be payable to the person who is the Registered Owner 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 16244 6 of the Special Record Date shall be given to Registered Owners 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. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to have happened 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 indebtedness of the City outstanding on the date of original issue hereof and the date of its actual issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or Charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Mounds View, Ramsey 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 Clerk-Administrator; has caused the corporate seal of the City to be intentionally omitted herefrom, as 41, permitted by law; and has caused this Bond to be executed manually by the Bond Registrar, acting as the City's duly appointed authenticating agent for the Bonds. 16244 7 110 Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CITY OF MOUNDS VIEW, CERTIFICATE OF RAMSEY COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile City Clerk-Administrator Bond Registrar 0 By /s/ Manual Authorized Signature ON REVERSE OF BOND I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion executed by the above-named attorneys, except as to the dating - - thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature) City Clerk-Administrator City of Mounds View, Minnesota 411 16244 8 Redemption. All Bonds of this issue maturing after February 1, 2000, are subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the Bonds of that maturity 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. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. 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 of that maturity 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 411 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 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing) , and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner 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 registered owner, 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 $2, 875, 000, all of like date of original issue and tenor, except as to registration number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City and pursuant to a 0 resolution adopted by the City Council on April 22, 1991 (the 16244 9 110 "Resolution") , for the purpose of providing money to finance certain costs of improvements to the City's municipal water system. This Bond constitutes a general obligation of the City, 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 City have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5, 000 and integral multiples thereof of a single maturity 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 Registered Owner in person or by the Registered Owner' 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 City 411 contained in any agreement with the Bond Registrar. Thereupon the City 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 •a able in connection w't the t ansfe •_. exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The City 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 City 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 16244 10 111 the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligations. The Bonds have been designated by the City as "qualified tax-exempt obligations" for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act 111 Additional abbreviations may also be used though not in the above list. i 16244 11 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint as 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 411 company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account. ) 16244 12 • 9. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Clerk-Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed 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 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 411 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 May 1, 1991. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The City Clerk-Administrator shall obtain a copy of the proposed approving legal opinion of bond counsel, Briggs and Morgan, Professional Association, St. Paul, Minnesota, which shall be complete except as to datingthereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk-Administrator in substantially the form set forth in the foregoing form of the Bonds. 16244 13 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 10) 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 registered owner thereof, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the 110 date of registration of, and deliver the Bonds which the registered owner 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 registered owner thereof or the registered owner's 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. 411 16244 14 Transfers shall also be subject to reasonable regula- tions 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. 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 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 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 registered owner thereof as of the Regular Record Date, and shall be payable to the person who is the registered owner 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 registered owners not less than ten (10) 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 above) 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. 15. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the City Finance Tirector 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 created a special fund of the City designated the "$2 ,875, 000 General Obligation Water Revenue Bonds, Series 1991A Fund" (the "Fund") to be held and administered by the City as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall continue to be maintained in the manner herein specified until all of the Bonds herein authorized and all other bonds payable from said • Fund and the interest thereon have been fully paid. There shall 16244 15 be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account" , respectively. (i) 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 $2 ,837, 625. From the Construction Account there shall be paid all costs and expenses of making the Improvements, 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; and the moneys in said account shall be used for no other purpose except as otherwise provided by law. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) the net revenues of the City's municipal water system (as hereinafter described, the "Net Revenues") , but only in amounts and at such times as will be sufficient (together with other amounts in the Debt Service Account) to pay, when due, the principal of and interest on the Bonds; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $2 ,837, 625; (d) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (e) all investment earnings on 110 funds held in the Debt Service Account; and (f) any and all other moneys which are properly available and are appropriated by the Council 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. As used in this paragraph, Net Revenues shall mean the gross revenues derived by the City from the operation of its municipal water system, including all charges for service, use, availability, and connection to said system, and all monies received from the sale of any facilities or equipment of said system or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the system. If any payment of principal or interest on the Bonds shall become due when there are not sufficient funds in the Debt Service Account to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund shall be reimbursed for such advances from the proceeds of the Net Revenues or of any general ad valorem taxes hereafter levied for such purpose, when collected. The City hereby covenants that it will impose and collect charges for the service, use, and availability of and connection to the City's municipal water system, at the times and 410 in the amounts required to produce Net Revenues adequate, 16244 16 together with other sources of funding available to the Debt Service Account, to pay all principal of and interest on the Bonds, when due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the Net Revenues of the City's municipal water system for the payment of other or additional obligations of the City, provided that it has first been determined that the estimated Net Revenues of the City's municipal water 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 said Net Revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation herein. 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 (5%) of the "issue price" 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 Subaccount or Debt Service Account in excess of amounts which under then-applicable federal arbitrage regulations 0 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 or any Additional Bonds to be "federally guaranteed" within the meaning of Section 149 (b) of the federal Internal Revenue Code of 1986, as amended (the "Code") . 17. 105% Debt Service Coverage. It is hereby determined that the estimated collections of Net Revenues will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest on the Bonds, and accordingly no ad valorem tax levy is required at this time. The City Clerk- Administrator is directed to file a certified copy of this Resolution with the Director of Property Taxation of Ramsey County and to obtain the certificate of said official required by Minnesota Statutes, Section 475. 63 . 18. General Obligation Pledge. The full faith and credit and taxing powers of the City are hereby pledged to the 0 payment of the principal of and interest on the Bonds, and in the 16244 17 • event of any current or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City in the amount of such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. 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. • 20. Negative Covenant as to Use of Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements or to cause or permit the Improvements 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. 21. 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 but only if and to the extent applicable (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) 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 small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (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 16244 18 • the jurisdiction of which is entirely within the jurisdiction of the City) , and (4) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 1991 calendar year is not reasonably expected to exceed $5, 000, 000, all within the meaning of Section 148 (f) (4) (C) of the Code. 22 . Designation of Oualified 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 111 bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during calendar year 1991 will not exceed $10, 000, 000; and (e) not more than $10, 000, 000 of obligations issued or to be issued by the City during calendar year 1991 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. 23 . 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. 24. 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 owners 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 16244 19 . 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, subject 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. 25. Headings. Headings in this Resolution are included for convenience of reference only and shall not limit or define the meaning of any provision hereof. Adopted this 22nd day of April, 1991, by the Mounds • View City Council. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. • 16244 20 PAGE TWO REPORT NO. 91-5A APRIL 11, 1991 In talking with St. Paul staff, it is clear that they do not have an understanding of how suburban governments operate. They are quite used to and most comfortable with a form of government (and process) which does not exist in the suburban communities. Suburban communities, unlike St. Paul, are not bound to bow to the whims and pressures of large (and multiple) unions or powerful neighborhood power bases which often dictate policy. The proposed legislation is viewed by most suburban communities as St. Paul's last ditch attempt to find alternative ways of financing their tremendous overhead costs before the rug is pulled out from under them by redistricting. At yesterday morning's meeting of the Ramsey County cities (administrative staffs) , new language was suggested as an amendment to the proposed bill. We met again in the afternoon to finalize the language. The proposed changes are attached. Basically, the first paragraph has been changed to broadened the purpose statement, eliminate the "consolidation" concept and replace it with a call for study of "service delivery" . The change to Section (9) is amended language which would allow for an administrative committee to be selected by the Commission. It is this subcommittee which will provide vital input to support the suburban agenda. It was felt that the original narrative which followed Section (9) calling for the use of the planning staffs of the County and the City of St. Paul was not acceptable as these two entities do not have a clue about suburban governmental operations. After reviewing our changes, Commissioner Ruby Hunt made some changes of her own (which are also attached) . She would like to see more County representation on the Commission and changed the number of County representatives from 2 to 4 . The--final piece of this informational update is the summary of the meeting of Ramsey County cities which was held last week. At that meeting, a consensus had been that the suggestion would be made to the infamous St. Paul "Summit Group" that any study undertaken would be done in conjunction with the RCLLG. The St. Paul summit group met on Tuesday but failed to seriously consider the suggestion in light of Senator Cohen's proposal. Cohen's bill was heard this morning before the Senate Governmental Operations Committee. The bill must move out of committee today or it is a dead deal. It is almost certain to move out of the GO committee and head to the Senate Judiciary Committee. If the amendments are not incorporated into the bill today, we will have another opportunity to do so as the bill progresses through the Senate Judiciary Committee. PAGE THREE REPORT NO. 91-5A APRIL 11, 1991 The timeline set for the Commission to report back to the Legislature is a bit energetic, if not unrealistic . We chose not to extend the deadline. Such action could have been seen as the cities attempt to drag their feet. We chose, instead, to let the deadline remain knowing that, once this study is undertaken and proves to be more difficult than initially perceived, an extension will have to be granted by the legislature. I will keep you posted as events occur. This issue appears to be here for the duration. Even the State has jumped on the bandwagon by praising Ramsey County and St. Paul for their attempts to initiate cost savings in local government (per Lyle Schwarzkopf's remarks at the luncheon yesterday) . so/mjs • .HFR-4=1S-1='91 11 11 FF:OM F'.C .P. -- —? 4 , P.C.P.P.EE. !i._ r._�.,�tir_` x.4.1'1 _ Fast-It''brae fax transmittal marrso 7571 mag pare.e2.21 1 R`yf icy of the ist=v Dir c �a1 I ,:�: (—.} .4.47;511..77,77.--w �F`�� -�` 'f f; w 236 Cour House 15 ; ? ke?,zgo 3;.;c. �Ci' lC ` 'S V� f t- Lr�/ (CO �' f , p y Saint Paul, Minnesota 55102 rept. #none? 4 � ) f� j e /tot] (612) 298-5980 , Fax+ iFAK# s� , ��j RAIASE?'rr ►m i� ta o{ 9.o 0 .0 Y+� SCa2t2 r Y T XeCUt .e 0. re-410 !." - iia+ a `,4) MEMORANDUM 4r/I'°:)iiiiti TO: Ramsey County City Managers '10 FROM: Terry Sch tte 3e . DATE: April 9, 1991 SUBJECT: Information Update Today at the 7 : 30 aums St. taLl Summit group meeting, the major discussion item was Senator Richard t rt introduction of the attached bill. This bill would form f rmGRamsey County commission s�mm sson to study consolidation of local government in the County. There will be a hearing on the bill on Thursday, April 11 , 8:00 a.m., Room 107 State Capitol, at the meeting of the Local Government Committee. Further, Tom Baldwin and Mark Sather attended t iems 's mr.,,tt irg, representing th-e RamseyCounty League of Local Governments. Should you wish to contact them, they would be able to give you more detailed information. I believe this is the essence of what was accomplished a: today' s r : meeting. Should you wish further information, please contact Terry r : Lindeke at 292-7140 concerning activities at the Legislature. Again, we hope you will share this information with youx mayors, police chiefs and/or other appropriate elected oViciaiss. cam Attachments cc: Ramsey County Board of Commissioners Phased,:n Xe-y:;eu Pcy"r APP-Cr_- ___ 11: 12 FPON TO i243 5 F.n2 (RETYPED FOR CLARITY) A bill for an act relating to Ramsey County; creating aSait�sey county consolidationstudy commission) setting its duties; appropriating money. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1 . [RAMS ,Y COUNTY CONSOLIDATION STUDY. ) A Pamsey CC? Etconsolidation study commission ig established to study consolidation oflocal government in Ramsey coups. The commission shall study the priv, s` services to the people of Ramsey county and_21:222p.e and anal ze possible methods for a consolidation of the units._of local government in the c our.ty. It shall_ study proposed consolidated county ' o v erne ent and report fully on its advantages and disadvantages with attention to fa3 citizenryoartici-�atirn in . r ernment, + (b) ) efficiency and effectiveness of the provision ision of public service; (c) taxation Arid o he publ c f_11I ncejEa tr" L t Cd) public =mp?ogees (e) structure of government; ( f) possible public economies; (q) historic identity of the community; (h) economic development; ( i) social development ( j ) environment; and (kl other significant factors. The commission shall report and make re ,mmenda tion s to the legislature., the members of the legislature from Ramalu countv and the several local government units in the county before January 1/ 1992. The commission shall be 25 residents of Ramsey county selected as follows: ( 1 ) one a[ember of the county board who reside_____iin the cit St Paul, selected by the board 19 12 FR Mrd P.'_'.F W To T'=;24 2 P..i_ i ) oris meYtlber o f the county board who resides in the county but not in the city of St. Pau]- r selected h, the board; tt three members selected by the St. Paul city council from among *she y maor and ciuncjl members; r _(� ) three 1 3.embers seiected, 212:tli' bSf the c councils and town board of the cities and town in the county, other than St. Paul, from wrong their mayors and members; (5) two members of the school board of inde,;.jen-dent school district 625, selected by the board; 1.6129 two members of the school boards of other school districts o De;atina in Rams t-tcounty selected ;c inti the board members of the several districts; (7 Z six members of the public who are .now _puh is em 3o ees ands do not hold public office ce, selected by he members of thelegislature �� the - _�is�.at#,i...G� who represent the ci y of St. Paul and the members of the commission servia2.22.4A212_2212.42.ql_LL.L.22LL_Itlig_l_5.11. ( 8)six members rhe ubli c who are o pEI2lic em ;l oyers and do nog. hold public officet_sel.ected by the members of the legislature iiy2 of ZT:sei soul oL?'} s de ' .'3``e _city of St. Paul and the meat ers_of the commission serving under clauses (2 (4 ) , and (6) ; and a chair selected by the other members . The research and olanning staffs of Ramses,/ county, the city of St. Paul and the other local czernm.eat wits of the county, and the state p3a�? is Lacersr- shall orov .de assistance to the commission. The members Shall serve without compensation other than the reimbursement of expenses . The commission shall complete its--- �. sYor}S. before January 1, i 492 a Section 2. [APPROPRIATION. ] S. . . . . , is a arra r Mated from the uerie,al fund to the commissioner of administration to be disbursed for the costs of the Ra2021 county conso?idation study commission. ThiQ,,A2prooriation lapses March 1, 1992. Section 3. [EFFECTIVE DTE. ] This act takes effect the Lya after final enactment. A bill for an act relating to Ramsey County; creating a Ramsey County study commission; setting its duties; and appropriating money. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. (RAMSEY COUNTY STUDY) A Ramsey County Study Commission is established. The Commission shall study how to deliver services to the citizens of Ramsey County in the most effective and cost efficient manner. The purpose of the Commission shall be to explore cooperative ventures which would be mutually beneficial to the communities involved, to review and recommend ways to eliminate overlap and duplication, to design programs that would improve services and reduce costs to the public, and to develop a systematic, objective, and credible process in which consensus can be reached on matters of cooperation or restructuring. The Commission shall resort full on the advanta•es and disadvanta•es of the programs and services which they study, with attention to: - ,eiporlaP ;f141:1 Fb. DRAFT The Commission shall be 25 residents of Ramsey County selected as follows: ( 1 ) two members of the Ramsey County Board who reside in the city of St. Paul, selected by the board; (2 ) two members of the Ramsey County Board who reside in the county, but not in the city of St. Paul, selected by the board; (3 ) two members selected by the St. Paul City Council and the Mayor from among the Mayor and City Council members; (4 ) two members selected jointly by the city councils and mayors and town boards of the cities and town in the county, other than St. Paul, from among their officials; (9) a chair selected by the other members. The Commission shall be assisted by a subcommittee whose members shall consist of the City Managers and Chief of Staff from the communities within Ramsey County, the Ramsey County Executive Director, and professional staff of these governmental units. This subcommittee shall provide assistance to the Commission by researching matters for the Commission and developing a set of recommendations regarding the delivery of services and programs. The subcommittee may request the research assistance of the Metropolitan Council and/or the State Planning Agency in the development of materials for the Commission. Members of the Commission and the subcommittee shall serve without compensation other than those expenses which would be reimbursed to them by the units of government who they represent. 04-05/1991 13:25 FROM CITY PO=c.,_LLE I t I'.J 9.7" -434 E.2 .� _ Meeting Summary Thursday, April 4, 1991 at Roseville City Hall. Participants: Gary Berger,Arden Hills Michael McGuire, Maplewood Sue Vanderheyden,St. Anthony Samantha Orduno,Mound..,View Dave Childs, New Brighton LaVanche Peterson, Lauderdale Joel Hanson, Little Canada Steve Sarkozy,Roseville Dwight Johnson,Shoreview . Mark Sather,White Bear Lake Roger Israel,Met Council Gerald Urban, Vadnais Heights Sharon Klurnpp,Met Council Roger Williams,State Planning Agency (Note:Bob Gatti,North Sl. Paul and Susan Hoyt,Falcon Heg t$were unable to attend) RE: "Cooperation" Issues The purpose of the meethtg was to explore the suburban response to the ongoing "Cooperation„ discussions. All parties felt that cooperation between communities on some issues may result in savings and improved services. Support was unanimous to explore ways to improve service and reduce costs, thereby possibly expanding the areas Lri which cooperation already exists between communities It was suggested that each City prepare: I) A catalogue of all services offered,and 2) A summary of where your City currently cooperates with other units of govet invent. This information will be useful as we begin to study areas of cooperation. This information should be available at the end of this month. Summary: Concensus was reached on a recommended process for review of potential al aj e of cooperation. Purpose (Goals) A. To explore cooperation which would be mutually beneficial to the communities es invol sed. B. To improve service aid reduce costs for the public. C. To dclop a systematic, objective,and highly credible process in which to reach concensus C`n matters of cooperation Process: Local Government Boards Ramsey County League of Local Governments Intergovernmental Cooperation perating Com :ittee • Police Public Works Parks 'Co. em Development 04/n5/1991 1=:26 FROM CITY F ROSE')I LLE TO 973474L P.07. Roles: A. Local Governing taards: Each municipality and the County would 1)actively support the study effort,and 2)review to the merits of cooperation as it affects their community. B. Ramsey County League of Local Governments(RUM: The RCLL C would provide the forum to review cooperation.. C. Intergovernmental Coopeeat.on Operating Committee(ICOC):The ICOC would be composed of a single representative from each community. In addition,there may be an appropriate role for the Met Council and/or the State Planning Agency(e.g..facilitation,staff support,etc.)which will be considered at a later date. • Assignments: -- Sharon Kiumpp:to evaluate possible role in process for Met CounciL information to be available at next meeting. -- Mark Sather:to contact and copy notices to North Oaks,Clem Lake and White BearTow;whip — Steve Sarkozy: to contact St. Paul (Mayor Sheihel and Ken Peterson,Chief of Staff)and Terry Schutten Next Meeting: Wednesday,April 10 at 7:30-900 a.m., at the Roseville City ll Police Training Room funle.s you h fit; otherwise, the meeting will occur) Prepared By: Steve Sarkozy (Note:if there are any changes to this meeting summary please let me know prior to April 10) TOTI,_ P.02