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2007-03-13
0 PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA -�-i i,.. *Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted by a single roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests. In that event the item will be removed from the Consent Agenda and considered in normal sequence. Page Call meeting to order 2. Pledge of Allegiance Approve agenda, with any amendments 4. *Consent Agenda *A. Approve meeting minutes: Feb 27, 2007 — Regular Meeting 3546 -3550 *B. Approve payment of claims 3551 -3578 • *C. Approve resolution approving plans and specifications and ordering 3579 -3581 advertisement for bids for 2007 Street Improvement Project *D. Approve construction plans submitted by Three Rivers Parks District 3582 -3583 for Dakota Rail Regional Trail *E. Set special meeting for Finance Workshop: Tues, Apr 10, 6:00 p.m. *F. Approve resolution approving Planning Case No. 07 -05 for waiver 3584 -3605 of platting for property located at 47XX Manchester Road (PID No. 19- 117 -23 -32 -0089) Applicant: Charles Henke Owner: Byron/Christina Cooper Staff recommendation: Approve with conditions *G. Approve agreement for disposal between NRG Processing Solutions, 3606 -3607 LLC and the City of Mound *H. Approve Transient Merchant License for Northwest Tonka Lions for 3608 Music in the Park, with fee waived *I. Approve temporary sign permit for Dailey's Pub for advertisement of 3609 -3610 • St Patrick's Day specials /events PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) • 6. Public Hearings Review Planning Case No. 06 -43 and 06 -44 3611 -3635 2 -lot minor subdivision and street vacation 4731 Wilshire Boulevard Applicant: Vladimir Silriver PC recommendation: Approval with conditions 7. Dave Callister of Ehler's & Associates on sale of bonds for 2007 capital purchases and projects A. Action on resolution providing for the issuance and sale of $2,725,000 3636 -3659 General Obligation Improvement Bonds, Series 2007A, pledging special assessments for the security thereof and levying a tax for the payment thereof B. Action on resolution providing for the issuance and sale of $2,355,000 3660 -3682 General Obligation Utility Revenue Bonds, Series 2007B, and pledging for the security thereof net revenues C. Action on resolution providing for the issuance and sale of $180,000 3683 -3701 General Obligation Equipment Certificates, Series 2007C, and levying a tax for the payment thereof 8. Action approving professional services contract with Architectural Alliance for the 3702 -3725 concept development stage of a proposed public works maintenance facility 09. Miscellaneous /Correspondence A. Comments /reports from Council Members B. Reports: Planning Commission minutes — Feb 26, 2007 (draft) 3726 -3727 Park, Open Space & Docks Comm minutes — Jan 2007 3728 -3730 Finance Department — Feb 2007 3731 -3734 Harbor Wine & Spirits — Feb 2007 3735 C. Correspondence: Calendar: LMCC 3736 -3738 Newspaper article 3739 Letter: Metropolitan Council on Comp Plan Update 3740 -3741 Newsletter: Gillespie Gazette 3742 10. Adjourn This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www.cityofmound.com. • COUNCIL BRIEFING March 13, 2007 0 comin- Events Schedule: Don't Forget!! Mar 13 — 6:30 — Regular HRA meeting - cancelled Mar 13 — 7:30 — Regular CC meeting Mar 14 — 4:00 — Community Development/Public Works orientation (Mark & Greg) Mar 27 — 6:30 — Regular HRA meeting Mar 27 — 7:30 — Regular CC meeting Mar 31— Chamber of Commerce Mid - Winter Ball Apr 10 — 6:00 -7:30 — Finance Workshop special meeting Apr 10 — 7:30 — Regular CC meeting Apr 12 — 7:00 — Emergency Training — Public Safety Facility June 2 — 3:00 -12:00 — Fire Department Fish Fry July 19 -21 — Spirit of the Lakes Festival City Hall Closings May 28 Absences Mar 21 May 9 -11 Other Mar 2 -17 • Mar 11 Memorial Day Kandis Hanson Vacation Kandis Hanson MCMA Conf Harbor Wine & Spirits wine sale Day Light Saving Time begins Trainin All supervisors are attending a full day of Avian Flu training, being offered by the Minnesota Division of Homeland Security on March 22. All supervisors and administrative staff will attend an in -house Ergonomics Workshop on March 30, to ward off the potential for workplace injury due to repetitive computer use. is MOUND CITY COUNCIL MINUTES • FEBRUARY 27, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, February 27, 2007, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht, John Beise and Greg Skinner. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Public Works Director Carlton Moore, Police Chief Jim Kurtz, Fire Chief Greg Pederson, Amanda Schwarze, Jim and Amy Dailey, Floyd Larsen, Scott Qualle, Dean Mau, Ken Perbix Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. • 2. Pledge of Allegiance is 3. Approve agenda Hanus requested removing Item 4C from the consent agenda for possible correction. MOTION by Osmek, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Beise, seconded by Specht to approve the consent agenda with the exception of item 4C. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the February 13, 2007 regular meeting B. Approve payment of claims in the amount of $347,301.83. C. (removed) 250 for D. Authorize payment to Hennepin County in the amount of $2, remnant portion of parcel 3 on SCAH 15 project per ROW agreement E. Approve contract amendment with Hoisington Koegler Group, Inc. for consulting services for 2008 Comprehensive Plan Update -3546- Mound City Council Minutes — February 27, 2007 F. Approve Garbage Collection Licenses, contingent upon receipt of all application forms, fees, and certificates of insurance, for Randy's Sanitation, Allied Waste Services, and Waste Management. G. RESOLUTION NO. 07-24: RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) H. ORDINANCE NO. 04-2007: ORDINANCE AMENDING SECTION 610 OF THE MOUND CITY CODE AS IT RELATES TO WATER METERS 4C. Public Lands permit for Floyd Larsen, 4617 Island View Drive Hanus stated that the resolution reads that City Staff unanimously recommended approval of the subject public lands permit, and thinks it should read that the Parks, Open Space, and Docks Advisory Commission gave the unanimous recommendation. MOTION by Osmek, seconded by Specht to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 07 -25: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR 4716 ISLAND VIEW DRIVE • 5. Comments and suggestions from citizens present on any item not on • the agenda. Ken Perbix, 5575 Shoreline Drive, approached the Council asking when the developer plans on doing in the Auditor's Road District, and if their contract with the City has any time deadlines as to the development of that area. John Dean explained that the developer has a contract with the HRA, not the City and it does include the development of the Auditor's Road District. Perbix expressed his concern over the time it is taking for anything to get done, which is hurting the property owners in that area. He feels there should be a time limit put on the development contract and if it can't be met, get another developer in there that will start now. Hanus stated he appreciates the comments and is aware that a lot of people are being impacted and if he could speed it up, he would. The City is trying to push it as fast as they can. • 2 -3547- Mound City Council Minutes — February 27, 2007 • 6. Public Hearin Liquor License Violation (fourth) for The Dailey Group Inc. d.b.a. Dailey's Pub Chief Kurtz reviewed the violation, stating that during the weekend of February 9, it was reported and confirmed by the Police Department that an advertisement banner was hanging from the patio fence. This is a violation of the resolution placing conditions on Dailey's liquor license, which states that no signage or banners of any kind will be erected or placed on outside fencing of the patio except as approved by the City Council. Staff recommends a $300 fine for this minor violation. Dailey stated that the liquor licenses for Dailey's Pub and Carbone's Pizzeria were previously two separate licenses, and were combined in January of 2006. He doesn't think it's right to count the violations before the combination as violations on the present license. After discussion it was determined that to date Dailey has paid a $1000 fine, and the fee schedule calls for $500 for first offense, $750 for second and $1000 for third. So in essence, Dailey should have paid a total of $1250 if charged for all three previous offenses. MOTION by Osmek, seconded by Specht to enforce this violation of the • resolution for operations of Dailey's and Carbone's, and fine $300 per staff recommendation, and that Council consider in the near future, clemency after a certain length of time to allow owners to receive credit for good behavior or a good record for a certain period of time. Beise offered a friendly amendment, being in addition to the Council discussion on clemency at a future date, that the Council also discuss whether this banner stipulation should be on this liquor license, or should his banners be governed like every other business in town. Osmek and Specht accepted the friendly amendment. Skinner stated that he agrees with the $300 fine, but not how the motion is worded in relation to violation of the resolution, as the resolution states conditions of the liquor license. John Dean stated that if the motion is that it's a violation of the terms of the resolution it leaves it open to interpret if that means that violation of the resolution is violation of the liquor license. His opinion is that it is a violation of the liquor license. Vote taken on above motion: All voted in favor. Motion carried. • It was noted that the public hearing was not opened. Mayor Hanus opened the public hearing at 8:32 p.m. Craig Goodrich, 1776 Lafayette Lane, spoke in favor of Dailey being able to hang banners on the railing, as he promotes not only his own business but other community events. 3 -3548- Mound City Council Minutes — February 27, 2007 • Mayor Hanus closed the public hearing at 8:38 p.m. MOTION by Osmek, seconded by Beise to reconsider. All voted in favor. Motion carried. MOTION by Osmek, seconded by Specht to enforce this violation of the resolution for operations of Dailey's and Carbone's, and fine $300 per staff recommendation, and that Council consider in the near future, clemency after a certain length of time to allow owners to receive credit for good behavior or a good record for a certain period of time, and that the Council also discuss whether this banner stipulation should be on this liquor license, or should his banners be governed like every other business in town. All voted in favor. Motion carried. 7. Update from City Engineer Dan Faulker on status of current engineering rp ojects Dan Faulker of Bolton & Menk, Inc., presented an overview of 2006 projects completed or to be completed in 2007, along with 2007 projects. 8. 2007 Lift Station Improvements Dan Faulker reviewed the 2007 Lift Station Improvement Project. is MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07 -26: RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2007 LIFT STATION IMPROVEMENTS 9. Joint Cooperative Agreement for Contract Management (Mound to assist Minnetrista in purchase of fire truck) MOTION by Osmek, seconded by Specht to approve the Joint Cooperative Agreement for Contract Management between Mound and Minnetrista to provide provision for Mound to assist Minnetrista in the purchase of a fire truck. All voted in favor. Motion carried. 10. 2007 Appointment to Ex- Officio _Trustees for Fire Department Relief Assn. MOTION by Beise, seconded by Osmek to appoint Mayor Mark Hanus, Finance Director Gino Businaro and Chief Greg Pederson as the three ex- officio trustees for the Fire Relief Board for 2007. All voted in favor. Motion carried. • 4 -3549- • Mound City Council Minutes — February 27, 2007 11. Discussion /Review of proposed new rental regulations and licensing program and process Greg Pederson stated that included in the packet is a summary version of the proposed rental regulations and recommends that the Council refer this to the Planning Commission for their review and recommendations. Scott Qualle and Dean Mau of Waldron & Associates also were present and stated their support of pursuing an ordinance regulating rentals and licensing of such. MOTION by Osmek, seconded by Specht to remand the proposed new rental regulations and licensing program and process to the Planning Commission for their review and consideration. All voted in favor. Motion carried. 12. Miscellaneous /Correspondence A. Comments /reports from Councilmember B. Reports: Harbor Wine & Spirits — Preliminary Financial Report C. Correspondence: Letter from City Manager regarding packets /document signing LMCC: Tips for Improved Meeting Recordings WeCAN: Birthday Shelf • 13. Adiourn MOTION by Specht, seconded by Osmek to adjourn at 9:30 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk U Mayor Mark Hanus 5 -3550- MARCH 13, 2007 CITY COUNCIL MEETING TOTAL $196579579.72 -3551- • 0 123106SUE6 $16,742.38 DEC 022007CRCARD $37611.71 FEB 022807SUE $47085.33 FEB 030707SUE $97496.42 MAR 031307SUE $176237643.88 MAR TOTAL $196579579.72 -3551- • 0 City of Mound 03/06/07 4:16 PM Page 1 Payments CITY OF MOUND Current Period: December 2006 Batch Name 123106SUE6 User Dollar Amt $16,742.38 Payments Computer Dollar Amt $16,742.38 $0.00 In Balance Refer 123106 BELLBOY CORPORATION _ AP Payment E 609 -49750 -265 Freight FREIGHT $124.85 Invoice 38669800 -C 12/31/2006 AP Payment E 609 - 49750 -265 Freight FREIGHT $77.00 invoice 39650600 -C 12131/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $201.85 Refer 123106 BERENT, TOM _ AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $58.50 Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $58.50 Refer 123106 EMPIREHOUSE, INCORPORATED _ AP Payment E 101 -42110 -210 Operating Supplies BULLETPROOF WINDOW, ETC $2,000.00 Invoice 122904 -B 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $2,000.00 Refer 123106 HART, PATRICK _ AP Payment G 101 -22803 Police Reserves 2006 SEVERE NCE /EXPENSES $6.50 •Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $6.50 Refer 123106 HUGHES, TIMOTHY - AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $97.00 Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12131/2006 Accounts Payable 20200 Total $97.00 Refer 123106 LEE, JEREMIAH AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $58.00 Invoice 123106 12/31/2006 Transaction Date 12131/2006 Due 12/31/2006 Accounts Payable 20200 Total $58.00 Refer 123106 MID- AMERICA _ AP Payment G 101 -22803 Police Reserves GLOWSTICKS BALANCE DUE $36.00 Invoice 4196 -B 12/31/2006 Transaction Date 12/3112006 Due 12/31/2006 Accounts Payable 20200 Total $36.00 Refer 123106 RESOURCE RECOVERY TECHNOL AP Payment E 670 - 49500 -460 Janitorial Services 2006 LEAF AGREEMENT $12,500.00 Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $12,500.00 Refer 123106 RIDGEVIEW MEDICAL, WACONIA - AP Payment E 222 -42260 -305 Medical Services ANNUAL MAINTENANCE FEE $175.00 Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $175.00 •Refer 123106 SANDE, LORI _ AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $39.00 Invoice 123106 12/31/2006 -3552- City of Mound 03/06/07 4:16 PM Page 2 Payments CITY OF MOUND Current Period: December 2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $39.00 Refer 123106 STEELE, TAM] AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $32.50 Invoice 123106 12/3112006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $32.50 Refer 123106 TAYLOR, J.J. DISTRIBUTING MINN AP Payment E 609 -49750 -252 Beer For Resale BEER $208.50 Invoice 1033301 12/31/2006 Transaction Date 12131/2006 Due 12/31/2006 Accounts Payable 20200 Total $208.50 Refer 123106 WILLIAMS, JENNIFER AP Payment G 101 -22803 Police Reserves 2006 SEVERENCE /EXPENSES $6.50 Invoice 123106 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $6.50 Refer 123106 XCEL ENERGY AP Payment E 101 -43100 -381 Electric Utilities 12 -06 #51- 4802601 -1 $1,323.03 Invoice 159949452 12/31/2006 Transaction Date 12/31/2006 Due 12/31/2006 Accounts Payable 20200 Total $1,323.03 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $3,657.03 • 222 AREA FIRE SERVICES $175.00 609 MUNICIPAL LIQUOR FUND $410.35 670 RECYCLING FUND $12,500.00 $16,742.38 Pre - Written Check $0.00 Checks to be Generated by the Compute $16,742.38 Total $16,742.38 -3553- r� -3554- City of Mound 02/23/07 1:31 PM Page 1 Payments • CITY OF MOUND Current Period: February 2007 Batch Name 022007CRCARD User Dollar Amt $3,611.71 Payments Computer Dollar Amt $3,611.71 $0.00 In Balance Refer 22007 ELAN CREDIT CARD Ck# 099147 2/20/2007 Cash Payment E 101 - 43100 -430 Miscellaneous 01 -12 -07 MY WEATHER $� 98 Invoice 4697 -A 2/20/2007 Cash Payment E 601 - 49400 -430 Miscellaneous 01 -12 -07 MY WEATHER $1.98 Invoice 4679 -B 2/20/2007 Cash Payment E 602- 49450 -430 Miscellaneous 01 -12 -07 MY WEATHER $1.99 Invoice 4679 -C 2/20/2007 Cash Payment E 101 -43100 -321 Telephone & Cells 01 -22 -07 VERIZON, CASE, TRANSFER $10.44 Invoice 1792 -A 2/20/2007 Cash Payment E 601 -49400 -321 Telephone & Cells 01 -22 -07 VERIZON, CASE, TRANSFER $10.44 Invoice 1792 -B 2/20/2007 Cash Payment E 602 -49450 -321 Telephone & Cells 01 -22 -07 VERIZON, CASE, TRANSFER $10.44 Invoice 1792 -C 2/20/2007 Cash Payment E 602 - 49450 -221 Equipment Parts 01 -26 -07 BATTERIES PLUS, 12V BATTERIES $134.36 Invoice 5914 2/20/2007 Cash Payment E 101 -43100 -230 Shop Materials 02 -02 -07 OFFICE MAX, FAX SUPPLIES $19.90 Invoice 2887 -A 2/20/2007 Mash Payment E 601 -49400 -230 Shop Materials 02 -02 -07 OFFICE MAX, FAX SUPPLIES $19.90 nvoice 2887 -B 2/20/2007 Cash Payment E 602 -49450 -230 Shop Materials 02 -02 -07 OFFICE MAX, FAX SUPPLIES $19.90 Invoice 2887 -C 2120/2007 Cash Payment E 101 - 43100 -210 Operating Supplies 02 -02 -07 PC HARD DRIVE $12.43 Invoice 0724 -A 2/20/2007 Cash Payment E 601 -49400 -210 Operating Supplies 02 -02 -07 PC HARD DRIVE $12.43 Invoice 0724 -B 2/20/2007 Cash Payment E 602 -49450 -210 Operating Supplies 02 -02 -07 PC HARD DRIVE $12.42 Invoice 0724 -C 2/20/2007 Cash Payment E 101 -43100 -221 Equipment Parts 02 -05 -07 CABELA'S, RADIO, BATTERY, ETC $60.43 Invoice 5998 -A 2/20/2007 Cash Payment E 601- 49400 -221 Equipment Parts 02 -05 -07 CABELA'S, RADIO, BATTERY, ETC $60.43 Invoice 5998 -B 2120/2007 Cash Payment E 602 -49450 -221 Equipment Parts 02 -05 -07 CABELA'S, RADIO, BATTERY, ETC $60.43 Invoice 5998 -C 2/20/2007 Cash Payment G 601 -16300 Improvements Other Than BI 02 -05 -07 BEST BUY, 2355 CHATEAU, INLINE $10.65 COUPLER Invoice 4048 2/20/2007 Cash Payment E 101 -42400 -433 Dues and Subscriptions 01 -16 -07 AMERICAN PLANNING ASSOC. $260.00 2007 MEMBERSHIP DUES Invoice 0040 2/20/2007 Cash Payment E 101 -41920 -210 Operating Supplies 01 -22 -07 INET 7 $37.95 Invoice 2953 2120/2007 Cash Payment E 101 - 41920 -210 Operating Supplies 01 -25 -07 MERTLINE, PEN DRIVES $78.79 Invoice 4299 2/20/2007 PO 19854 ash Payment E 222 -42260 -210 Operating Supplies 01 -09 -07 OUR DESIGNS, INC. DECALS $19.25 nvoice 5280 ' 2/20/2007 PO 19989 Cash Payment E 222 -42260 -210 Operating Supplies 01 -18 -07 OUR DESIGNS, DECALS $8.25 Invoice 3054 2/2012007 PO 19996 -3554- _ City of Mound 02/23/07 1:31 PM Payments Page 2 CITY OF MOUND Current Period: February 2007 Cash Payment E 222 - 42260 -434 Conference & Training 01 -29 -07 NWA, 2007 FDIC, JAKUBIK $310.41 Invoice 6813 2/20/2007 PO 19995 Cash Payment Cash Payment E 222 -42260 -434 Conference & Training 01 -29 -07 NWA, 2007 FDIC, JAKUBIK Invoice 7381 2/20/2007 PO 19995 Invoice 4861 -B Cash Payment E 222 - 42260 -434 Conference & Training 01 -29 -07 FDIC FIRE ENGINEER, JAKUBIK Invoice 0157 2/20/2007 PO 19994 Cash Payment Cash Payment E 222 -42260 -210 Operating Supplies 01 -29 -07 OUR DESIGNS, DECALS Invoice 3120 2/20/2007 PO 19996 Cash Payment E 609 -49750 -200 Office Supplies 01 -08 -07 OFFICE MAX, CALENDAR, PENS, ETC Invoice 1051 2/20/2007 Cash Payment E 101 -42110 -210 Operating Supplies 01 -11 -07 HP HOME STORE, COMPUTER PRINTER Invoice 7140 2/20/2007 Cash Payment E 101 - 42110 -400 Repairs & Maintenance 02 -01 -07 MICROSOFT TECH, SUPPORT KIT, DVD Invoice 7154 2/20/2007 Cash Payment E 101 -43100 -210 Operating Supplies Invoice 4861 -A 2/20/2007 PO 19830 Cash Payment E 601 -49400 -210 Operating Supplies Invoice 4861 -B 2/20/2007 PO 19830 Cash Payment E 602 -49450 -210 Operating Supplies Invoice 4861 -C 2/2012007 PO 19830 Cash Payment E 281 -45210 -210 Operating Supplies Invoice 4861 -D 2120/2007 PO 19830 Cash Payment E 101 -45200 -218 Clothing and Uniforms 01 -31 -07 BUY.COM, AUTOCAD 01 -31 -07 BUY.COM, AUTOCAD 01 -31 -07 BUY.COM, AUTOCAD 01 -31 -07 BUY.COM, AUTOCAD 01 -11 -07 SPORTS AUTHORITY, CLOTHING ALLOWANCE Invoice 3731 2/20/2007 Cash Payment E 101 -45200 -210 Operating Supplies 01 -19 -07 SERVICE RETURN Invoice 0061 2/20/2007 Cash Payment E 101 -45200 -210 Operating Supplies 01 -19 -07 SERVICE RETURN Invoice 0079 2/20/2007 Cash Payment E 101 -45200 -210 Operating Supplies 01 -22 -07 ARGON, 30OW TOOL TEXT HEAD Invoice 0102 2/20/2007 Cash Payment E 101 - 41910 -400 Repairs & Maintenance 01 -30 -07 EMERGENCY LITE SERVICE, EXIT LIGHTS Invoice 2409 2/20/2007 Transaction Date 2/23/2007 Wells Fargo -3555- 10100 Total $10.00 $410.00 $37.30 $151.18 $179.38 $532.19 $196.74 $196.74 $196.74 $196.75 $48.72 -$1.95 - $29.99 $286.00 $28.71 $3,611.71 • 101 is • - w CITY OF MOUND Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND City of Mound Payments Current Period: February 2007 10100 Wells Fargo $1,719.72 $795.21 $196.75 $312.57 $436.28 $151.18 $3,611.71 Pre - Written Check $3,611.71 Checks to be Generated by the Compute $0.00 Total $3,611.71 1� u -3556- 02/23/07 1:31 PM Page 3 City of Mound 03/01/07 9:52 AM Page 1 Payments now CITY OF MOUND Current Period: February 2007 Batch Name 022807SUE User Dollar Amt $4,085.33 Payments Computer Dollar Amt $4,085.33 $0.00 In Balance Refer 22807 BECK, KENNETH Cash Payment G 101 -21716 Flex Plan Dependents 2007 DEPENDENT REIMBURSEMENT $304.20 Invoice 022807 2/28/2007 Transaction Date 2/28/2007 Wells Fargo 10100 Total $304.20 Refer 22807 FOSTER, BEN Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -03 -07 MANKATO FIRE SCHOOL $300.00 Invoice 022807 2/28/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $300.00 Refer 22807 MINNESOTA DEPT OF HEALTH Cash Payment E 601 - 49400 -434 Conference & Training WATER SUPPLY SYSTEM OPERATOR EXAM $32.00 APPLICATION, KIVISTO Invoice 022807 2/28/2007 Cash Payment E 601- 49400 -434 Conference & Training WATER SUPPLY SYSTEM OPERATOR EXAM $32.00 APPLICATION, MORRIS Invoice 022807 2/28/2007 Cash Payment E 601 - 49400 -434 Conference & Training WATER SUPPLY SYSTEM OPERATOR EXAM $32.00 Invoice 022807 2/28/2007 APPLICATION, BERENT • Transaction Date 3/1!2007 Wells Fargo 10100 Total $96.00 Refer 22807 MINNESOTA POLLUTION CONTRO Cash Payment E 601 - 49400 -434 Conference & Training CLASS SD CERTIFICATION, STRICKLEN $23.00 Invoice 022807 2/28/2007 Transaction Date 2/27 /2007 Wells Fargo 10100 Total $23.00 Refer 22807 MYERS, TONY Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -03 -07 MANKATO FIRE SCHOOL $300.00 Invoice 022807 2/28/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $300.00 Refer 22807 NICCUM, DANIEL Cash Payment G 101 -21715 Flex Plan Medical 2007 MEDICAL REIMBURSEMENT' $102.83 Invoice 022807 2/28/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $102.83 Refer 22807 PAUSCHE, CATHERINE _ Cash Payment G 101 -21716 Flex Plan Dependents 2006 DEPENDENT CARE REIMBURSEMENT $1,950.00 Invoice 022807 2/2712007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $1,950.00 Refer 22807 PEARSON PRECISION COLLISION Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs 01 -11 -07 AUTO REPAIRS $586.40 Invoice 16249 2/28/2007 PO 24022 Transaction Date 2/26/2007 Wells Fargo 10100 Total $586.40 Refer 22807 PEDERSON, GREG _ Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $395.09 • Invoice 022807 2/28/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $395.09 -3557- CITY OF MOUND City of Mound Payments Current Period: February 2007 03/01/07 9:52 AM Page 2 Refer 22807 SUBURBAN TIRE WHOLESALE $27.81 Cash Payment E 101 - 45200 -409 Other Equipment Repair TIRE Invoice 10064660 2/28/2007 Wells Fargo 10100 Total $27.81 Transaction Date 2/26/2007 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 601 WATER FUND 10100 Wells Fargo $3,366.33 $600.00 $119.00 $4,085.33 Pre - Written Check $0.00 Checks to be Generated by the Compute $4,085.33 Total $4,085.33 10 • -3558- City of Mound 03/08107 8:46 AM ALL Page 1 Payments CITY OF MOUND Current Period: March 2007 Batch Name 030707SUE User Dollar Amt $9,496.42 Payments Computer Dollar Amt $9,496.42 $0.00 In Balance Refer 30707 BERENT, BRIAN Cash Payment G 101 -21715 Flex Plan Medical 2007 MEDICAL REIMBURSEMENT $126.78 Invoice 030707 3/7/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $126.78 Refer 30707 CASH, PETTY CASH Cash Payment E 101 -42110 -210 Operating Supplies REPLENISH PETTY CASH $298.48 Invoice 030707 3/7/2007 PO 20076 Transaction Date 3/6/2007 Wells Fargo 10100 Total $298.48 Refer 30707 HENNEPIN COUNTY TREASURER _ Cash Payment E 401 -46377 -300 Professional Srvs DEED OF CONVEYANCE $2,250.00 Invoice 030707 3/7/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $2,250.00 Refer 30707 KURTZ, JAMES Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $38.13 Invoice 030707 3/7/2007 Cash Payment G 101 -21716 Flex Plan Dependents 2007 DEPENDENT REIMBURSEMENT $479.00 Invoice 030707 3/7/2007 Cash Payment G 101 -21715 Flex Plan Medical 2007 MEDICAL REIMBURSEMENT $324.83 Invoice 030707 3/7/2007 Transaction Date 3/6/2007 Wells Fargo 10100 Total $841.96 Refer 31307 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222 -42260 -321 Telephone & Cells 01 -19 -07 THRU 02 -18 -07 CELL PHONES $50.37 Invoice 030707 3/13/2007 Transaction Date 318/2007 Wells Fargo 10100 Total $50.37 Refer 30707 NEXTEL COMMUNICATIONS (POL! _ Cash Payment E 101 -42110 -321 Telephone & Cells 01 -19 -07 THRU 02 -18 -07 CELL PHONES $698.75 Invoice 030707 3/7/2007 Transaction Date 3/7/2007 Wells Fargo 10100 Total $698.75 Refer 30707 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222 -42260 -212 Motor Fuels THRU 01 -26-07 GASOLINE CHARGES $540.30 Invoice 030707 3/7/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $540.30 Refer 30707 SPEEDWAY SUPERAMERICA (P/W Cash Payment E 101 -43100 -212 Motor Fuels THRU 02 -26-07 GASOLINE CHARGES $1,525.03 Invoice 030707 3/7!2007 Cash Payment E 601 -49400 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $1,758.62 Invoice 030707 3/7/2007 Cash Payment E 602 -49450 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $39627 Invoice 030707 3/7/2007 Cash Payment E 101 -45200 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $50.35 Invoice 030707 3/7/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $3,730.27 -3559- • 01 • • w CITY OF MOUND City of Mound Payments Current Period: March 2007 03/08/07 8:46 AM Page 2 Refer 30707 SPEEDWAY SUPERAMERICA (PAR _ Cash Payment E 101 -42400 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $9.64 Invoice 030707 Cash Payment 3/7/2007 E 101 -43100 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $9.64 Invoice 030707 3/7/2007 Cash Payment E 601 -49400 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $9.64 Invoice 030707 Cash Payment 3/7/2007 E 602 -49450 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $9.64 Invoice 030707 3/7/2007 Cash Payment E 101 -45200 -212 Motor Fuels THRU 02 -26 -07 GASOLINE CHARGES $539.96 Invoice 030707 3/712007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $578.52 Refer 30707 T- MOBILE CELL PHONE _ Cash Payment E 101 -42110 -321 Telephone & Cells 01 -07 -07 THRU 02 -06 -07 CELL PHONES $380.99 Invoice 030707 3/7/2007 Transaction Date 3/7/2007 Wells Fargo 10100 Total $380.99 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $4,481.58 222 AREA FIRE SERVICES $590.67 I • 401 GENERAL CAPITAL PROJECTS $2,250.00 601 WATER FUND $1,768.26 602 SEWER FUND $405.91 $9,496.42 Pre - Written Check $0.00 Checks to be Generated by the Compute $9,496.42 Total $9,496.42 • -3560- $0.00 In Balance Refer 31307 3B, S SEWER AND DRAIN SERVICE Cash Payment E 602 - 49450 -440 Other Contractual Servic 02 -20 -07 BARTLETT BLVD SEWER BREAK Invoice 031037 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total Refer 31307 3M COMPANY Cash Payment E 101 -43100 -226 Sign Repair Materials City of Mound 03/08/07 8:46 AM Invoice SS07768 3/13/2007 Page 1 Payments CITY OF MOUND Wells Fargo 10100 Refer 31307 ACCURINT Current Period: March 2007 Batch Name 031307SUE User Dollar Amt $1,623,643.88 Payments Computer Dollar Amt $1,623,643.88 $0.00 In Balance Refer 31307 3B, S SEWER AND DRAIN SERVICE Cash Payment E 602 - 49450 -440 Other Contractual Servic 02 -20 -07 BARTLETT BLVD SEWER BREAK Invoice 031037 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total Refer 31307 3M COMPANY Cash Payment E 101 -43100 -226 Sign Repair Materials CUTTABLE FILM Invoice SS07768 3/13/2007 Invoice D2044078HC 3/13/2007 Transaction Date 315/2007 Wells Fargo 10100 Refer 31307 ACCURINT Wells Fargo 10100 Total Cash Payment E 101-42110-440 Other Contractual Servic 2007 ANNUAL CONTRACT Invoice 1224674- 200702 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Refer 31307 ALLIED WASTE SERVICES #694 $674.65 Cash Payment E 101 - 43100 -384 Refuse /Garbage Dispos 02 -07 WASTE SERVICE Invoice 802978 -A 3/13/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R Cash Payment E 601 - 49400 -384 Refuse /Garbage Dispos 02 -07 WASTE SERVICE Invoice 802978 -B 3/13/2007 Cash Payment E 602 -49450 -384 Refuse /Garbage Dispos 02 -07 WASTE SERVICE Invoice 802978 -C 3/13/2007 $814.65 Cash Payment E 101 -42110 -384 Refuse /Garbage Dispos 03 -07 WASTE SERVICE Invoice 802975 -A 3/13/2007 Cash Payment E 222 - 42260 -460 Janitorial Services Cash Payment E 222 -42260 -384 Refuse /Garbage Dispos 03 -07 WASTE SERVICE Invoice 802975 -B 3/13/2007 Transaction Date 3/7/2007 Wells Fargo 10100 Refer 31307 AMERICAN MESSAGING $79,71 $5,850.00 $5,850.00 $415.35 Total $415.35 $360.00 Total $360.00 $46.94 $46.94 $46.95 $100.53 $100.53 Total $341.89 Cash Payment E 222 -42260 -325 Pagers -Fire Dept. 03 -07 PAGING SERVICE $106.70 Invoice D2044078HC 3/13/2007 Transaction Date 3/8/2007 Wells Fargo 10100 Total $106.70 Refer 31307 AMUNDSON, M. LLP Cash Payment E 609 -49750 -256 Tobacco Products For R CIGARETTES $674.65 Invoice 8601 -A 3/13/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $140.00 Invoice 8601 -B 3/13/2007 Transaction Date 2/2712007 Wells Fargo 10100 Total $814.65 Refer 31307 APACHE GROUP Cash Payment E 222 - 42260 -460 Janitorial Services TOWELS, CUPS, TRASH LINERS $238.05 Invoice 110387 3/13/2007 PO 19871 Cash Payment E 101 - 42110 -460 Janitorial Services TOWELS, CUPS, TRASH LINERS $79,71 Invoice 110387 3/13/2007 PO 19871 Transaction Date 3/1/2007 Wells Fargo 10100 Total $317.76 Refer 31307 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE $122.85 Invoice 463706503 3/13/2007 -3561- • 01 is City of Mound 03/08/07 8:46 AM COFFEE Invoice 626296 3/13/2007 Page 2 Cash Payment E 222 -42260 -210 Operating Supplies COFFEE Invoice 623627 Payments Transaction Date 3/2/2007 Wells Fargo Refer 31307 BOBCAT OF WEST METRO _ CITY OF MOUND Cash Payment E 101 -45200 -409 Other Equipment Repair KIT CONVERSION Current Period: March 2007 3/13/2007 Transaction Date 3/6/2007 Wells Fargo 10100 Total $122.85 Refer 31308 ASSURED SECURITY _ REKEY LOCK LOWER LEVEL, NORTH ash Payment $139.05 Cash Payment E 101 - 41910 -401 Building Repairs Invoice 96159483 3/13/2007 Invoice 50369 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $139.05 Refer 31307 BABB, PAUL Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 04 -14 -07 BRAINERD FIRE SCHOOL $350.00 Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $350.00 Refer 31307 BELLBOY CORPORATION $167.72 Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE Invoice 42664200 -A 3/13/2007 $242.75 Cash Payment E 609 -49750 -210 Operating Supplies C y SUPPLIES Invoice 42664200 -B 3/13/2007 $1,147.00 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 40058600 3/13/2007 $155.00 Cash Payment E 609- 49750 -251 Liquor For Resale CREDIT -- LIQUOR Invoice 40058200 3/13/2007 $159.50 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR voice 40058300 3/13/2007 $3,585.65 ash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 40071100 -A 3/13/2007 $240.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 40071100 -B 3/13/2007 Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $1,804.11 Invoice 40131300 3/13/2007 $78.87 Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE Invoice 42687900 3/13/2007 $494.40 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 40122400 -A 3/13/2007 $5,580.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 40122400 -B 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $13,345.00 Refer 31307 BERRY COFFEE COMPANY _ Cash Payment E 222 -42260 -210 Operating Supplies COFFEE Invoice 626296 3/13/2007 Cash Payment E 222 -42260 -210 Operating Supplies COFFEE Invoice 623627 3/13/2007 Transaction Date 3/2/2007 Wells Fargo Refer 31307 BOBCAT OF WEST METRO _ Cash Payment E 101 -45200 -409 Other Equipment Repair KIT CONVERSION Invoice 20313 3/13/2007 Transaction Date 3/1/2007 Wells Fargo Refer 31307 BORDER STATES ELECTRIC SUP - ash Payment E 101 - 41910 -220 Repair /Maint Supply INTER LAMP, ETC Invoice 96159483 3/13/2007 -3562- 10100 Total 10100 Total $43.50 $81.50 $125.00 $397.30 $397.30 $73.21 City of Mound 03/08/07 8:46 AM I, Payments Page 3 CITY OF MOUND Current Period: March 2007 Cash Payment E 101 -41910 -220 Repair / Maint Supply 9WATT BULBS $31.68 Invoice 96168523 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $104.89 Refer 31307 CARGIL SALT DIVISION Cash Payment E 101 -43100 -224 Street Maint Materials BULK SALT $2,806.29 Invoice 1810488 3/1312007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $2,806.29 Refer 31307 CENTRAL PARTS WAREHOUSE Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs REPAIR KIT $65.58 Invoice 89783A 3/13/2007 PO 19847 Transaction Date 3/5/2007 Wells Fargo 10100 Total $65.58 Refer 31307 CHADWICK, MERTZ, BLEDSAW AN Cash Payment E 101 -41600 -304 Legal Fees 02 -07 PROSECUTION SERVICES $7,041.17 Invoice 031307 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $7,041.17 Refer 31307 CLEMONS, JOSH Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -24 -07 DULUTH FIRE SCHOOL $200.00 Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $200.00 Refer 31307 COCA COLA BOTTLING- MIDWEST • Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $284.40 Invoice 0178058109 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $284.40 Refer 31307 COPY IMAGES, INCORPORATED Cash Payment E 101 - 42400 -440 Other Contractual Servic 02 -07 COPIER MAINTENANCE $3.85 Invoice 81426 3/13/2007 Cash Payment E 101- 43100 -440 Other Contractual Servic 02 -07 COPIER MAINTENANCE $3.85 Invoice 81426 3/13/2007 Cash Payment E 601- 49400 -440 Other Contractual Servic 02 -07 COPIER MAINTENANCE $3.84 Invoice 81426 3/13/2007 Cash Payment E 602 - 49450 -440 Other Contractual Servic 02 -07 COPIER MAINTENANCE $3.84 Invoice 81426 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $15.38 Refer 31307 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $118.00 Invoice 399221 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,648.25 Invoice 399958 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $57.80 Invoice 399959 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $34.30 Invoice 395521 -C 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $71.75 Invoice 400814 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,310.15 • Invoice 400813 3/13/2007 -3563- City of Mound 03/08/07 8:46 AM __...�` Page 4 Payments CITY OF MOUND Current Period: March 2007 Transaction Date 2/27 /2007 Wells Fargo 10100 Total $4,240.25 Refer 31307 EVERGREEN LAND SERVICES _ $170.00 Cash Payment E 401 -46590 -300 Professional Srvs 01 -01 -07 THUR 02 -15 -07 PIW, PARKS FACILITY Invoice 00 -7931 3/13/2007 Project 08900 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $170.00 Refer 31307 EXTREME BEVERAGE _ $64.00 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 529165 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $64.00 Refer 31307 FIRE CHIEF, MN ASSOCIATION Cash Payment E 222 - 42260 -433 Dues and Subscriptions 2007 MEMBERSHIP DUES $235.00 Invoice 031307 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $235.00 Refer 31307 FLAIG, KEVIN M. Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -30 -07 ROCHESTER FIRE $300.00 SCHOOL Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $300.00 •Refer 31307 G & K SERVICES $103.42 Cash Payment E 222 - 42260 -460 Janitorial Services 02 -27 -07 MATS Invoice 6254673 3/13/2007 1 Cash Payment E 101 -43100 -218 Clothing and Uniforms 02 -20 -07 UNIFORMS $62.85 Invoice 6248202 3/13/2007 $32.96 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -20 -07 UNIFORMS Invoice 6248202 3113/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 02 -20 -07 UNIFORMS $36.80 Invoice 6248202 3/13/2007 Cash Payment E 101- 45200 -218 Clothing and Uniforms 02 -20 -07 UNIFORMS $4.58 Invoice 6248202 3/13/2007 Cash Payment E 101 -43100 -230 Shop Materials 02 -20 -07 MATS $36.43 Invoice 6248202 3/13/2007 Cash Payment E 601 -49400 -230 Shop Materials 02 -20 -07 MATS $36.43 Invoice 6248202 3/13/2007 Cash Payment E 602 -49450 -230 Shop Materials 02 -20 -07 MATS $36.42 Invoice 6248202 3/13/2007 Cash Payment E 609-49750 -460 Janitorial Services 02 -27 -07 MATS $51.03 Invoice 6254670 3/13/2007 Cash Payment E 101 - 41910 -460 Janitorial Services 02 -27 -07 MATS $131.09 Invoice 6254676 3/13/2007 Cash Payment E 101 -45200 -223 Building Repair Supplies 02 -27 -07 MATS $66.89 Invoice 6254675 3/13/2007 Cash Payment E 101 - 43100 -218 Clothing and Uniforms 02 -27 -07 UNIFORMS $62.85 Invoice 6254672 3/13/2007 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -27 -07 UNIFORMS $32.96 • Invoice 6254672 3/13/2007 Cash Payment E 602 -49450 -218 Clothing and Uniforms 02 -27 -07 UNIFORMS $36.80 Invoice 6254672 3/13/2007 -3564- City Of Mound 03/08/07 8:47 AM Page 5 Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 101 -43100 -230 Shop Materials 02 -27 -07 MATS $41.97 Invoice 6254672 3/13/2007 Cash Payment E 601 -49400 -230 Shop Materials 02 -27 -07 MATS $41.97 Invoice 6254672 3/13/2007 Cash Payment E 602 -49450 -230 Shop Materials 02 -27 -07 MATS $41.96 Invoice 6254672 3/13/2007 Cash Payment E 101- 42110 -460 Janitorial Services 02 -27 -07 MATS $47.04 Invoice 6254674 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $904.45 Refer 31307 GENERAL CONSTRUCTION SERVI Cash Payment G 601 -16300 Improvements Other Than BI REMOVE ICE IN ELEVATED TANK $2,700.00 Invoice 031307 3/13/2007 Project PW0608 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $2,700.00 Refer 31307 GLENWOOD INGLEWOOD Cash Payment E 101 -41310 -210 Operating Supplies 02 -07 HOT /COLD COOLER $6.71 Invoice 6034769 3/13/2007 Cash Payment E 101 -41910 -210 Operating Supplies 02 -07 HOT /COLD COOLER $155.89 Invoice 6032435 3/13/2007 Transaction Date 3/6/2007 Wells Fargo 10100 Total $162.60 Refer 31307 GRAPE BEGINNINGS, INCORPOR _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $610.50 • Invoice 88911 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $610.50 Refer 31307 GRIGGS COOPER AND COMPANY Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $114.79 Invoice 551348 3/13/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,176.07 Invoice 551347 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,127.10 Invoice 551346 3/13/2007 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa CREDIT —MIX - $15.50 Invoice 715868 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $563.36 Invoice 553879 3/13/2007 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $3,087.22 Invoice 553880 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT - -WINE -$28.80 Invoice 716514 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $8,024.24 Refer 31307 GUSTAFSON, BRUCE Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -31 -07 ROCHESTER FIRE SCHOOL $250.00 Invoice 031307 3/13/2007 Transaction Date 2/2712007 Wells Fargo 10100 Total $250.00 Refer 31307 HAWKINS, INCORPORATED _ • Cash Payment E 601 -49400 -227 Chemicals CHLORINE CYLINDER $50.00 Invoice 1034846 RI 3/13/2007 -3565- City of Mound 03/08/07 8::47 A Page 6 Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 601- 49400 -227 Chemicals CHLORINE CYLINDER $1,726.61 Invoice 1038219 RI 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $1,776.61 Refer 31307 HD SUPPLY WATERWORKS, LTD Cash Payment E 601 -49400 -220 Repair /Maint Supply REPAIR CLAMPS $475.24 Invoice 4731220 3/1312007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $475.24 Refer 31307 HEDBERG AGGREGATES, INCOR _ Cash Payment E 101 - 45200 -431 Meeting Expense 03 -09 -07 SEMINAR, SWARTZER $30.00 Invoice 497170 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $30.00 Refer 31307 HENNEPIN COUNTY GIS USER GR Cash Payment E 101 - 43100 -440 Other Contractual Servic PICTOMETRY SOFTWARE $227.44 Invoice 20070228002 3/13/2007 PO 19850 Cash Payment E 675 - 49425 -440 Other Contractual Servic PICTOMETRY SOFTWARE $227.00 Invoice 20070228002 3/1312007 PO 19850 Cash Payment E 101 -42400 -440 Other Contractual Servic PICTOMETRY SOFTWARE $227.00 Invoice 20070228002 3/13/2007 PO 19850 Cash Payment E 101 - 42110 -210 Operating Supplies PICTOMETRY SOFTWARE $227.00 20070228002 3/13/2007 PO 19850 •Invoice Cash Payment E 222 - 42260 -430 Miscellaneous PICTOMETRY SOFTWARE $227.00 Invoice 20070228002 3/13/2007 PO 19850 Transaction Date 3/7/2007 Wells Fargo 10100 Total $1,135.44 Refer 31307 HENNEPIN COUNTY INFORMATIO Cash Payment E 222 - 42260 -418 Other Rentals 01 -07 RADIO LEASE $1,036.12 Invoice 27018033 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $1,036.12 Refer 31307 HENNEPIN COUNTY PUBLIC REC Cash Payment E 601- 49400 -455 Permits UTILITY PERMITS (3) $645.00 Invoice UTIL00832 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $645.00 Refer 31307 HENNEPIN COUNTY TREASUR (R Cash Payment E 101 - 41600 -450 Board of Prisoners 01 -07 ROOM AND BOARD $173.75 Invoice 001798 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $173.75 Refer 31307 HENNEPIN COUNTY TREASURER Cash Payment G 402 -20800 Due to Other Governments RIGHT -OF -WAY COST $1,442,373.99 Invoice TRAN00957 3/1312007 Transaction Date 318/2007 Wells Fargo 10100 Total $1,442,373.99 Refer 31307 HENTGES, MATTHEW _ Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -31 -07 ROCHESTER FIRE $250.00 SCHOOL Invoice 031307 3/13/2007 •Transaction Date 2/27/2007 Wells Fargo 10100 Total $250.00 Refer 31307 HOME DEPOT /GECF (P/W) _ -3566- Cash Payment E 101 -43100 -220 Repair /Maint Supply LUMBER Invoice 2016006 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo Refer 31307 HYDRAULIC SPECIALTY COMPAN Cash Payment Invoice 25315 E 101 - 43100 -404 Machinery/Equip Repairs SANDING MOTORS 3/13/2007 PO 19817 $149.67 10100 Total $149.67 $567.33 Transaction Date 3/1/2007 Wells Fargo 10100 Total $567.33 Refer 31307 INFRATECH _ E 101 - 42110 -404 Machinery/Equip Repairs #DTF WIPER BLADES Cash Payment E 602 -49450 -221 Equipment Parts TAIL HOSE GUIDE WITH CLAMP ROPE $114.82 Invoice 0700015 3/13/2007 $27,99 Invoice 23174 Cash Payment E 602 -49450 -221 Equipment Parts SCREW, BUSHING, ETC $480.12 Invoice 0700014 3/13/2007 3/13/2007 Cash Payment E 602 -49450 -221 Equipment Parts MALE CONNECTORS, ETC $117.15 Invoice 0700019 3/13/2007 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs WATER PUMPS, COOLING SYSTEM Cash Payment E 602 -49450 -221 Equipment Parts LEVEL WIND SCREW $158.30 Invoice 0700083 3/13/2007 $754.77 Invoice 23117 Cash Payment E 602 -49450 -221 Equipment Parts POWER CONTROL UNIT $1,443.36 Invoice 0700088 3/13/2007 3/13/2007 Cash Payment E 401 -43106 -300 Professional Srvs JET/VAC CLEANING $2,590.00 Invoice PR70065 3/13/2007 Project PWO601 E 101 - 43100 -404 Machinery/Equip Repairs DIESEL OIL, FILTERS Transaction Date 2/27 /2007 Wells Fargo 10100 Total $4,903.75 Refer 31307 ISLAND PARK SKELLY • Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #847 MOUNT, BALANCE TIRES, ETC $156.71 Invoice 23041 3/13/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #DTF WIPER BLADES $30.99 Invoice 23089 3/13/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #851 OIL CHANGE $27,99 Invoice 23174 3/13/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #840 TIRE REPAIR $2.10 Invoice 23187 3/13/2007 Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #850 RACK, PINION, RACK ASSY, ETC $895.42 Invoice 23190 3/13/2007 Cash Payment E 101 - 45200 -404 Machinery/Equip Repairs WATER PUMPS, COOLING SYSTEM $399.59 Invoice 23006 3/13/2007 Cash Payment E 601 - 49400 -404 Machinery/Equip Repairs STEERING COLUM, CABLE $754.77 Invoice 23117 3/13/2007 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs FUEL GUAGE $256.45 Invoice 22978 3/13/2007 Cash Payment E 602 - 49450 -404 Machinery/Equip Repairs BATTERY ASSEMBLY, BATTERY $1,257.60 Invoice 23123 3/13/2007 Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs DIESEL OIL, FILTERS $120.21 Invoice 23150 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $3,901.83 Refer 31307 JESSEN PRESS INCORPORATED _ Cash Payment E 101 -41110 -350 Printing SPRING 2007 NEWSLETTER $1,174.27 Invoice 631972011 3/13/2007 • Transaction Date 2/26 /2007 Wells Fargo 10100 Total $1,174.27 Refer 31307 JOHNS VARIETY AND PETS -3567- A� • CITY OF MOUND City of Mound Payments Current Period: March 2007 03/08/07 8:47 AM Page 8 Cash Payment E 101 -45200 -223 Building Repair Supplies GLASS FRAMES $12.78 Invoice 0286630 3/13/2007 $11.48 Cash Payment E 222 -42260 -200 Office Supplies FOAM BOARD Invoice 0130281 3/13/2007 $13.83 Cash Payment E 101 - 42110 -440 Other Contractual Servic NATURES MIRCLE Invoice 0257803 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $38.09 Refer 31307 JOHNSON BROTHERS LIQUOR _ Cash Payment E 609-49750 -251 Liquor For Resale LIQUOR $0.00 Invoice 1216458 3/13/2007 $2,928.11 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 1216459 3/13/2007 $1,036.20 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1216460 3/13/2007 $57'88 Cash Payment E 609- 49750 -254 Soft Drinks /Mix For Resa MIX Invoice 1216461 3/13/2007 $3,529.78 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 1219766 3/13/2007 $878.65 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 1219767 3/13/2007 '$12.12 Payment E 609 -49750 -251 Liquor For Resale CREDIT -- LIQUOR •Cash Invoice 1007259 -B 3/13/2007 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT -- LIQUOR -$2.76 Invoice 1081597 -C 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE -$6.90 Invoice 1085200 -B 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $15.16 Invoice 1900971 -B 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $8,393.68 Refer 31307 JUBILEE FOODS (FIRE DEPT) _ Cash Payment E 222 -42260 -210 Operating Supplies 01 -13 -07 MEETING EXPENSE $28.68 Invoice 031307 3/13/2007 Cash Payment E 222 -42260 -210 Operating Supplies 02 -01 -07 FOAM CUPS $12.05 Invoice 031307 3/13/2007 Cash Payment E 222 -42260 -210 Operating Supplies 01 -06 -07 MEETING EXPENSE $17.05 Invoice 031307 3/13/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $57.78 Refer 31307 JUBILEE FOODS _ C h P f E 101 - 41110 -431 Meeting Expense PAPER PRODUCTS $19.25 as ay Invoice 020107 3/13/2007 Cash Payment E 609- 49750 -400 Repairs & Maintenance Invoice 022407 3/1312007 Transaction Date 3/1/2007 Refer 31307 LAKE MINNETONKA CONSERVATI •Cash Payment E 281 - 45210 -430 Miscellaneous Invoice 031307 3/13/2007 Cash Payment E 401 -46540 -300 Professional Srvs Invoice 031307 3/13/2007 SIDEWALK SALT Wells Fargo 10100 Total 2ND HALF 2007 DOCK APPLICATION FEE 2ND HALF 2007 DOCK APPLICATION FEE -3568- $4.36 $23.61 $4,603.00 $332.50 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $4,935.50 Refer 31307 LAKER NEWSPAPER E 450 - 46388 -300 Professional Srvs Invoice 13927 Cash Payment E 101 -42400 -351 Legal Notices Publishing 02 -24 -07 ORD #03 -2007 $155.22 Invoice 2257 3/13/2007 E 101 -41600 -361 General Liability Ins Invoice 031307 Cash Payment G 101-231174731 Wilshire Blvd., Zhuk, R 02 -24 -07 CASE #06- 43/06 -44 $68.75 Invoice 2267 3/13/2007 E 101 -42110 -361 General Liability Ins Invoice 031307 Cash Payment E 101 -42400 -351 Legal Notices Publishing 02 -24 -07 ORD #02 -2007 $107.46 Invoice 2247 3/13/2007 E 101 -42400 -361 General Liability Ins Invoice 031307 Transaction Date 3/5/2007 Wells Fargo 10100 Total $331.43 Refer 31307 LAKESHORE COMMUNICATIONS, Cash Payment E 609 -49750 -340 Advertising 02 -27 -07 AD Invoice 00114497 3113/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Refer 31307 LANDFORM Cash Payment E 45046388 -300 Professional Srvs Invoice 13854 3/13/2007 Cash Payment E 450 - 46388 -300 Professional Srvs Invoice 13927 3/13/2007 Transaction Date 315/2007 Refer 31307 LEAGUE MN CITIES INSURANCE T Cash Payment E 101 -41110 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -41310 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -41500 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -41600 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment . E 101 - 41910 -361 General Liability Ins Invoice 031307 3113/2007 Cash Payment E 101 -42110 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -42115 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -42400 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -43100 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 101 -45200 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 222 -42260 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 281 -45210 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 601 -49400 -361 General Liability Ins Invoice 031307 3/13/2007 Cash Payment E 602 -49450 -361 General Liability Ins Invoice 031307 3/13/2007 $396.00 Total $396.00 01 -07 ALTA LAND TITLE SURVEY $6,017.26 Project 06001 01 -07 ALTA LAND TITLE SURVEY $383.96 Project 06001 Wells Fargo 10100 Total $6,401.22 QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE QTRLY INSURANCE DUE -3569- $35.71 $9.96 $12.87 $2.35 $5.21 $75.87 $1.02 $12.21 $77.40 $17.47 $93.60 $10.32 $78.98 $73.06 r� u CITY OF MOUND City of Mound Payments Current Period: March 2007 03/08/07 8:47 AM Page 10 Cash Payment E 609 -49750 -361 General Liability Ins QTRLY INSURANCE DUE $133.97 Invoice 031307 3/13/2007 Invoice 18075 3/13/2007 Transaction Date 3/7/2007 Wells Fargo 10100 Total $640.00 Refer 31307 LEE, MARK AND BECKY E 609- 49750 -265 Freight Invoice 18112 Cash Payment E 222 -42260 -434 Conference & Training ADVANCE 03 -24 -07 DULUTH FIRE SCHOOL $200.00 Invoice 031307 3/13/2007 E 609 -49750 -265 Freight Invoice 18899 Transaction Date 2/27/2007 Wells Fargo 10100 Total $200.00 Refer 31307 MARK VII DISTRIBUTOR _ E 609 -49750 -265 Freight Invoice 18930 Cash Payment E 609 -49750 -252 Beer For Resale BEER $55.35 Invoice 160265 3/13/2007 Invoice 7636 3/1312007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,542.50 Invoice 160264 3113/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $2,139.30 Invoice 162610 3/13/2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $32.84 Invoice 20472 -B 3113/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $3,769.99 Refer 31307 MARLIN'S TRUCKING DELIVERY Cash Pa ment E 609 - 49750 -265 Freight 02 -01 -07 DELIVERY CHARGE $210.10 I $20.90 18065 3/13/2007 •Invoice Cash Payment E 609- 49750 -265 Freight Invoice 18075 3/13/2007 Cash Payment E 609 -49750 -265 Freight Invoice 18101 3/13/2007 Cash Payment E 609- 49750 -265 Freight Invoice 18112 3/13/2007 Cash Payment E 609 -49750 -265 Freight Invoice 18886 3/13/2007 Cash Payment E 609 -49750 -265 Freight Invoice 18899 3/13/2007 Cash Payment E 609- 49750 -265 Freight Invoice 18921 3/13/2007 Cash Payment E 609 -49750 -265 Freight Invoice 18930 3/13/2007 Transaction Date 2/26/2007 Refer 31307 MINNESOTA PUBLISHING Cash Payment E 609 - 49750 -340 Advertising Invoice 7636 3/1312007 Transaction Date 3/6/2007 Refer 31307 MINNESOTA VALLEY TESTING LA 02 -05 -07 DELIVERY CHARGE $20.90 02 -08 -07 DELIVERY CHARGE $99.00 02 -12 -07 DELIVERY CHARGE $34.10 02 -15 -07 DELIVERY CHARGE $267.30 02 -19 -07 DELIVERY CHARGE $26.40 02 -22 -07 DELIVERY CHARGE $195.80 02 -26-07 DELIVERY CHARGE $34.10 Wells Fargo 10100 Total $887.70 03 -07 1/4 PAGE AD IN MOUND BUSINESS $90.00 Wells Fargo 10100 Total $90.00 Cash Payment E 601 - 49400 -470 Water Samples Invoice 336330 3/1312007 Transaction Date 2/27/2007 Refer 31307 MINUTEMAN PRESS •Cash Payment E 101 -42110 -203 Printed Forms Invoice 8093 3/13/2007 PO 20070 Transaction Date 3/6/2007 COLIFORM, MF WATER TEST $77.50 Wells Fargo 10100 Total $77.50 WARNING NOTICE BOOKS $321.84 Wells Fargo 10100 Total $321.84 -3570- Refer 31307 MOUND FIRE DEPARTMENT Cash Payment E 222 -42260 -180 Fire -Drill Pay City Of Mound 03/08/07 8:47 AM Page 11 iAi� Payments CITY OF MOUND Cash Payment E 222 -42260 -185 Fire - Maintenance Pay Current Period: March 2007 Refer 31307 MOUND FIRE DEPARTMENT Cash Payment E 222 -42260 -180 Fire -Drill Pay 02 -07 DRILLS $740.00 Invoice 031307 3/13/2007 Cash Payment E 222 -42260 -185 Fire - Maintenance Pay 02 -07 MAINTENANCE $747.00 Invoice 031307 3/13/2007 Cash Payment E 222 -42260 -190 Fire - Monthly Salaries 02 -07 SALARIES $5,240.50 Invoice 031307 3/13/2007 Transaction Date 3/8/2007 Wells Fargo 10100 Total $6,727.50 Refer 31307 MUZAK - MINNEAPOLIS Cash Payment E 609 - 49750 -440 Other Contractual Servic 03 -07 MUSIC SERVICE $100.16 Invoice A752956 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $100.16 Refer 31307 MYERS, TONY Cash Payment E 222 - 42260 -434 Conference & Training REIMBURSE FIRE SUPPRESSION CLASS $277.82 Invoice 031307 3/13/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $277.82 Refer 31307 NEOPOST Cash Payment E 101 - 41910 -400 Repairs & Maintenance BRUSH ASSEMBLY, SPONGE $13.92 Invoice P218876101 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $13.92 Refer 31307 NORTHERN WATERWORKS SUPP Cash Payment E 601 -49400 -220 Repair /Maint Supply METER $562.94 Invoice S01069372.001 3/13/2007 PO 19842 Cash Payment E 601 -49400 -220 Repair /Maint Supply METER $35.33 Invoice SO1069546.001 3/13/2007 PO 19842 Transaction Date 3/1/2007 Wells Fargo 10100 Total $598.27 Refer 31307 OFFICE DEPOT Cash Payment E 101 -42110 -200 Office Supplies Invoice 376332173 -001 3/13/2007 PO 20069 Cash Payment E 101 -42110 -200 Office Supplies Invoice 369376765 -001 3/13/2007 PO 19783 Cash Payment E 101 -42110 -200 Office Supplies Invoice 369376765 -001 3/13/2007 PO 19873 Cash Payment E 101 -42110 -200 Office Supplies Invoice 369377348 -001 3/13/2007 PO 19783 Cash Payment E 101 -42110 -200 Office Supplies Invoice 369435352 -001 3/13/2007 PO 19783 Cash Payment E 101 - 41310 -200 Office Supplies Invoice 376248523 -001 3113/2007 Cash Payment E 101 -41500 -200 Office Supplies Invoice 376248523 -001 3/13/2007 Cash Payment E 101 -42400 -200 Office Supplies Invoice 376248523 -001 3/13/2007 Cash Payment E 101 -45200 -200 Office Supplies Invoice 376248523 -001 3/13/2007 Cash Payment E 101 -43100 -200 Office Supplies Invoice 376248523 -001 3/13/2007 INKJET CARTRIDGE $142.09 MISCELLANEOUS OFFICE SUPPLIES $584.56 MISCELLANEOUS OFFICE SUPPLIES $124.59 MISCELLANEOUS OFFICE SUPPLIES $52.54 MISCELLANEOUS OFFICE SUPPLIES $19.16 MISCELLANEOUS OFFICE SUPPLIES $2.31 MISCELLANEOUS OFFICE SUPPLIES $2.31 MISCELLANEOUS OFFICE SUPPLIES $2.31 is • MISCELLANEOUS OFFICE SUPPLIES $2.31 MISCELLANEOUS OFFICE SUPPLIES $2.31 • -3571- City of Mound 03/08/07 8:47 AM LIQUOR Invoice 2433213 Page 12 Cash Payment E 609 -49750 -253 Wine For Resale WINE Payments 3/1312007 • Cash Payment E 609- 49750 -251 Liquor For Resale CITY OF MOUND Invoice 2435686 3/13/2007 Current Period: March 2007 E 609 -49750 -253 Wine For Resale Cash Payment E 609 -49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.79 Invoice 376248523 -001 3/13/2007 Cash Payment . $1.54 Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES Invoice 376248523 -001 3113/2007 E 609 -49750 -253 Wine For Resale $1.54 Cash Payment E 602 - 49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES Invoice 376248523 -001 3/13/2007 $9.95 Cash Payment E 281 -45210 -200 Office Supplies BANKERS BOXES Invoice 376707277 -001 3/13/2007 PO 19922 Cash Payment E 101 -41110 -200 Office Supplies LITERATURE ORGANIZER $207.98 Invoice 375613079 -001 3/13/2007 PO 19510 Cash Payment E 222 -42260 -200 Office Supplies VERTICAL SORTERS, FOLDERS, ETC $54.77 Invoice 374728270 -001 3/13/2007 PO 19872 Cash Payment E 222 -42260 -200 Office Supplies ORGANIZER, PAPER, LABELS $111.53 Invoice 374378739 -001 3/13/2007 PO 19870 Transaction Date 2/26/2007 Wells Fargo 10100 Total $1,322.59 Refer 31307 OHLIN SALES, INCORPORATED _ Cash Payment E 222 -42260 -200 Office Supplies AA BATTERIES $26.51 Invoice 00159521 3/13/2007 PO 19562 Transaction Date 3/512007 Wells Fargo 10100 Total $26.51 Refer 31307 PALM, TIM •Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -31 -07 ROCHESTER FIRE SCHOOL $250.00 Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $250.00 Refer 31307 PAUSTIS AND SONS WINE COMPA _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,220.74 Invoice 8137142 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $426.00 Invoice 8137843 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $88.00 Invoice 8137626 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $1,558.74 Refer 31307 PHILLIPS WINE AND SPIRITS, INC Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 2433213 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 2433214 3/1312007 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR Invoice 2435686 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 2435687 3/13/2007 Cash Payment . E 609 -49750 -254 Soft Drinks /Mix For Resa MIX Invoice 2435688 3/1312007 Cash Payment E 609 -49750 -253 Wine For Resale LIQUOR I ice 2433213 3/13/2007 $253.35 $1,878.75 $358.45 $3,254.95 $70.00 - $12.90 nvo •Transaction Date 2/26/2007 Wells Fargo 10100 Total $5,802.60 Refer 31307 P-J DISTRIBUTING COMPANY -3572- City of Mound 03/08/07 8:47 AM I; Page 13 Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 101 -43100 -221 Equipment Parts #102 BOB CAT TIRES $511.20 Invoice 42580 3/13/2007 PO 19844 Transaction Date 3/5/2007 Wells Fargo 10100 Total $511.20 Refer 31307 PLUNKETT'S, INCORPORATED Cash Payment E 609 - 49750 -440 Other Contractual Servic FEB, MAR, APR, PEST CONTROL Invoice 495040 3/13/2007 WINE Transaction Date 3/6/2007 Wells Fargo 10100 Refer 31307 PROFESSIONAL LAW ENFORCEM Invoice 829701 -00 3/13/2007 Cash Payment E 101 - 42110 -434 Conference & Training 04 -26-07 CONFERENCE, QUAAS Invoice 031307 3/13/2007 PO 20074 Cash Payment E 609 -49750 -251 Liquor For Resale Cash Payment E 101 - 42110 -434 Conference & Training 04 -26 -07 CONFERENCE, HAWKS Invoice 031307 3/13/2007 PO 20074 Refer 31307 RANDY'S SANITATION Transaction Date 3/5/2007 Wells Fargo 10100 Refer 31307 QUALITY WINE AND SPIRITS Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 826446 -00 3113/2007 Invoice 031307 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 826917 -00 3/13/2007 E 101 -41910 -384 Refuse /Garbage Dispos Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 829701 -00 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 829657 -00 3/1312007 REYNOLDS WELDING SUPPLY CO Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR Invoice 829117 -00 3/13/2007 AIR AND OXYGEN Transaction Date 2/26/2007 Wells Fargo 10100 Refer 31307 RANDY'S SANITATION Transaction Date 3/5/2007 Cash Payment E 101- 45200 -384 Refuse /Garbage Dispos 02 -07 GARBAGE SERVICE Invoice 031307 3/13/2007 Cash Payment E 101 -41910 -384 Refuse /Garbage Dispos 02 -07 GARBAGE SERVICE Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Refer 31307 REYNOLDS WELDING SUPPLY CO Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN Invoice 843313 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Refer 31307 RIDGEVIEW MEDICAL, WACONIA Cash Payment E 222 -42260 -305 Medical Services VACCINATIONS Invoice 031307 3/13/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Refer 31307 ROGERS, RICHARD Cash Payment E 222 - 42260 -434 Conference & Training ADVANCE 03 -31 -07 ROCHESTER FIRE SCHOOL Invoice 031307 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Refer 31307 SHADOW PLASTICS, INCORPORA _ -3573- $42.40 Total $42.40 $65.00 $65.00 Total $130.00 $345.60 $1,325.01 $1,461.02 $80.70 $527.16 Total $3,739.49 $106.49 $136.69 Total $243.18 $23.77 Total $23.77 $168.50 Total $168.50 $250.00 • 01 Total $250.00 • City Of Mound Page 8:47 AM Page 14 0/// Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 101 -45200 -384 Refuse /Garbage Dispos VENTED BAGS $1,235.94 Invoice 58489 3/13/2007 PO 19917 Transaction Date 3/1/2007 Wells Fargo 10100 Total $1,235.94 Refer 31307 SHANKEN COMMUNICATIONS, IN _ $12.50 Cash Payment E 609 -49750 -255 Misc Merchandise For R 02 -28 -07 PUBLICATION Invoice 266415 3/13/2007 Transaction Date 3/6/2007 Wells Fargo 10100 Total $12.50 Refer 31307 SOUTHWEST TRAILS ASSOCIATIO _ Cash Payment G 101 -22801 Deposits /Escrow BENCHMARK 2, #607582262 -A $12,181,75 Invoice 031307 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $12,181.75 Refer 31307 ST. BONIFACIUS FORD, INCORPO Cash Payment E 101 - 42110 -404 Machinery/Equip Repairs #848 LOCK SWITCH $90.54 Invoice 3304 3/13/2007 PO 20073 Transaction Date 3/512007 Wells Fargo 10100 Total $90.54 Refer 31307 ST. JOSEPH EQUIPMENT, INCORP Cash Payment E 101 - 43100 -404 Machinery/Equip Repairs REPAIR A/C COMPRESSOR $612.12 Invoice SF04426 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $612.12 •Refer 31307 STERNE ELECTRIC COMPANY _ $1,262.12 Cash Payment E 101 -43100 -381 Electric Utilities STREET LIGHT REPAIR Invoice 9069 3/1312007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $1,262.12 Refer 31307 STREICHER'S _ $31.95 Cash Payment E 101 -42110 -219 Safety supplies ERU SHIRT, HOOPER Invoice 1417105 3/1312007 PO 20068 Transaction Date 3/6/2007 Wells Fargo 10100 Total $31.95 Refer 31307 TAYLOR, J.J. DISTRIBUTING MINN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $58.00 Invoice 1055161 3/13/2007 $4,298.32 Cash Payment E 609 -49750 -252 Beer For Resale BEER invoice 1055160 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $4,356.32 Refer 31307 THORPE DISTRIBUTING COMPAN _ Cash Payment E 609 -49750 -252 Beer For Resale BEER $5,595.10 Invoice 438879 3/13/2007 $89.20 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 438878 3/13/2007 $2,305.00 Cash Payment E 609 -49750 -252 Beer For Resale CREDIT - -BEER Invoice 435445 -B 3/13/2007 $195.00 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 436794 3/13/2007 $452.00 Cash Payment E 609 -49750 -252 Beer For Resale BEER •Invoice 52949 3/13/2007 $5,821.95 Cash Payment E 609 -49750 -252 Beer For Resale BEER Invoice 439619 3/13/2007 -3574- City of Mound 03/08/07 8:47 AM Page 15 Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 609 -49750 -252 Beer For Resale BEER $63.10 Invoice 439618 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $9,911.35 Refer 31307 THRIFTY WHITE DRUG STORE Cash Payment E 222 -42260 -210 Operating Supplies PHOTO PROCESSING $5.31 Invoice 798629 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $5.31 Refer 31707 THYSSEN -KRUPP ELEVATOR COR Cash Payment E 101 - 41910 -440 Other Contractual Servic 03 -01 -07 THR 05 -31 -07 ELEVATOR $584.68 MAINTENANCE Invoice 652909 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $584.68 Refer 31307 TONKA PLUMBING HEATING & CL Cash Payment E 101 -43100 -223 Building Repair Supplies 01 -12 -07 AIR INTAKE REPAIRS $49.33 Invoice 031307 3/13/2007 Cash Payment E 601 -49400 -223 Building Repair Supplies 01 -12 -07 AIR INTAKE REPAIRS $49.33 Invoice 031307 3/13/2007 Cash Payment E 602 -49450 -223 Building Repair Supplies 01 -12 -07 AIR INTAKE REPAIRS $49.34 Invoice 031307 3/13/2007 Transaction Date 2/27 /2007 Wells Fargo 10100 Total $148.00 Refer 31307 TRUE VALUE, MOUND _ Cash Payment E 222 -42260 -210 Operating Supplies 02 -03 -07 STAPLE, PLUG, ETC $40.94 Invoice 30865 3/13/2007 Cash Payment E 222 -42260 -210 Operating Supplies 02 -09 -07 TOWER, CLEANER, ETC $22.96 Invoice 31065 3/13/2007 Cash Payment E 222 -42260 -210 Operating Supplies 02 -17 -07 NIPPLE, TAPE, ETC $4,23 Invoice 31291 3/13/2007 Cash Payment E 222 -42260 -322 Postage 01 -17 -07 FREIGHT $10.90 Invoice 30349 3/13/2007 Cash Payment E 222 - 42260 -409 Other Equipment Repair 01 -20 -07 WINDSHIELD FLUID $48.51 Invoice 30438 3/13/2007 Transaction Date 3/212007 Wells Fargo 10100 Total $127.54 Refer 31307 TRUXSTOR CUSTOM TRUCK ACC _ Cash Payment E 101 -42110 -500 Capital Outlay FA 2007 DAKOTA COVERS, KEYLESS ENTRY $1,647.56 Invoice 4998 3/1312007 PO 19779 Transaction Date 3/7/2007 Wells Fargo 10100 Total $1,647.56 Refer 31307 US BANK TRUST NATIONAL ASSO Cash Payment E 366 -47000 -620 Fiscal Agent's Fees Invoice 1857488 3/13/2007 Cash Payment E 601 -49400 -620 Fiscal Agent's Fees Invoice 1855277 -A 3/13/2007 Cash Payment E 675 -49425 -620 Fiscal Agent's Fees Invoice 1855277 -B 3/13/2007 Cash Payment E 360 -47000 -620 Fiscal Agent's Fees Invoice 1855277 -C 3/13/2007 GO IMPROVEMENT BONDS SERIES 2003A $431.25 GENERAL OBLIGATION BONDS SERIES $117.61 2001A • 101 GENERAL OBLIGATION BONDS SERIES $235.23 2001A GENERAL OBLIGATION BONDS SERIES $78.41 • 2001A -3575- City of Mound o3ro8/o7 8:47 AM e 6 Payments CITY OF MOUND Current Period: March 2007 Cash Payment E 355 -47000 -620 Fiscal Agent's Fees TAXABLE GO TAX INCREMENT BONDS OF $431.25 2003C Invoice 1857494 3/13/2007 GO WBATER AND SEWER REVENUE BONDS $194.06 Cash Payment E 601 -49400 -620 Fiscal Agent's Fees Invoice 1857491 -A 3113/2007 Fiscal Agent's Fees GO WATER AND SEWER BONDS 20036 $237.19 Cash Payment E 602 -49450 -620 Invoice 1857491 -B 3/13/2007 GO IMPROVEMENT BONDS SERIES 2001C $431.25 Cash Payment E 351 -47000 -620 Fiscal Agent's Fees Invoice 1855281 3/13/2007 E 609 -620 Fiscal Agent's Fees MUNICIPAL LIQUOR STORE GROSS REV $431.25 Cash Payment -49750 011 Invoice 1855279 3/13/2007 E 396 47000 -620 Fiscal Agent's Fees HRA PUBLIC SAFETY BLDG LEASE REV $1,050.00 Cash Payment - BONDS 2002 Invoice 1859980 3/13/2007 Transaction Date 3/2/2007 Wells Fargo 10100 Total $3,637.50 Refer 31307 VERIZON WIRELESS (P/ V) $426.01 Cash Payment E 101 - 43100 -321 Telephone & Cells 03 -05 -07 CELL PHONES Invoice 031307 3/13/2007 Cash Payment E 601 -49400 -321 Telephone & Cells 03 -05-07 CELL PHONES $406.40 031307 3/13/2007 $311.19 •Invoice Cash Payment E 602 -49450 -321 Telephone & Cells 03 -05 -07 CELL PHONES Invoice 031307 3/13/2007 $18.83 Cash Payment E 101 - 42400 -321 Telephone & Cells 03 -05-07 CELL PHONES Invoice 031307 3/13/2007 $160.06 Cash Payment G 101 -22816 Personal Cell Phone 03 -05 -07 CELL PHONES Invoice 031307 3/13/2007 Transaction Date 2/2812007 Wells Fargo 10100 Total $1,322.49 Refer 31307 VINOCOPK INCORPORATED _ $560.00 Cash Payment E 609 -49750 -253 Wine For Resale WINE Invoice 0002416 -IN 3/13/2007 Transaction Date 3/1/2007 Wells Fargo 10100 Total $560.00 Refer 31307 VOSS LIGHTING $610.06 Cash Payment E 222 - 42260 -402 Building Maintenance LIGHT BULBS Invoice 15068138 -00 3/13/2007 PO 19873 Transaction Date 3/5/2007 Wells Fargo 10100 Total $610.06 Refer 31307 WACONIA FARM AND HOME SUPP $9.00 Cash Payment G 601 -16300 Improvements Other Than BI HOSE RENTAL Invoice 1009073 3/13/2007 Project PW0608 Transaction Date 3/1/2007 Wells Fargo 10100 Total $9.00 Refer 31307 WALDRON AND ASSOCIATES _ $65 00 Cash Payment Invoice 031307 Cash Payment •Invoice 031307 Cash Payment Invoice 031307 E 222 -42260 -308 Building Inspection Fees JAN, FEB FIRE INSPECTIONS 3/13/2007 E 450 -46388 -300 Professional Srvs 02 -27 -07 5515 SHORELINE DRIVE 3/13/2007 Project 06001 E 101 -42400 -308 Building Inspection Fees 02 -07 INSPECTIONS 3/13/2007 -3576- $17,214.37 $1,987.02 City of Mound 03/08/07 8:47 AM Payments Page 17 CITY OF MOUND • Current Period: March 2007 Cash Payment E 101 -42400 -308 Building Inspection Fees 02 -07 RENTAL INSPECTIONS $40.00 Invoice 031307 3/13/2007 Transaction Date 3/6/2007 Wells Fargo 10100 Total $19,306.39 Refer 31307 WEIST, KATHY Cash Payment E 222 - 42260 -431 Meeting Expense REIMBURSE MEETING EXPENSE $19.98 Invoice 031307 3/13/2007 Transaction Date 3/8/2007 Wells Fargo 10100 Total $19.98 Refer 31307 WIDMER CONSTRUCTION, LLC Cash Payment E601-49400-400 Repairs & Maintenance 02 -16 -07 WATERMAIN REPAIR $2,700.00 Invoice 1784 3/13/2007 Cash Payment E 601 - 49400 -400 Repairs & Maintenance 02 -12 -07 BIRCH ROAD WATERMAIN $940.00 Invoice 1789 3/13/2007 Transaction Date 3/5/2007 Wells Fargo 10100 Total $3,640.00 Refer 31307 WINE COMPANY. Cash Payment E 609 -49750 -253 Wine For Resale WINE $847.50 Invoice 160879 -00 3/13/2007 Transaction Date 2/26 /2007 Wells Fargo 10100 Total $847.50 Refer 31307 WINE MERCHANTS _ Cash Payment E 609 -49750 -253 Wine For Resale WINE $480.00 Invoice 183806 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,200.00 • Invoice 184436 3/13/2007 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,686.00 Invoice 184564 3/13/2007 Transaction Date 2/26/2007 Wells Fargo 10100 Total $3,366.00 Refer 31307 WINE NEWS INCORPORATED Cash Payment E 609 -49750 -255 Misc Merchandise For R 02 -07 PUBLICATION $14.85 Invoice 26990 -A 3/13/2007 Cash Payment E 609 -49750 -255 Misc Merchandise For R 03 -07 PUBLICATION $14.85 Invoice 26990B 3/13/2007 Transaction Date 3/6/2007 . Wells Fargo 10100 Total $29.70 Refer 31307 XCEL ENERGY Cash Payment E 101 -43100 -381 Electric Utilities 02 -07 #51- 6002836 -0 $52.76 Invoice 161525926 3/13/2007 Transaction Date 3/7/2007 Wells Fargo 10100 Total $52.76 Refer 31307 ZACKS, INCORPORATED Cash Payment E 101 -43100 -223 Building Repair Supplies FOAM SQUEEGE $56.90 Invoice 22547 3/13/2007 Cash Payment E 601 -49400 -223 Building Repair Supplies FOAM SQUEEGE $56.90 Invoice 22547 3/13/2007 Cash Payment E 602 -49450 -223 Building Repair Supplies FOAM SQUEEGE $56.90 Invoice 22547 3/13/2007 Cash Payment E 101 -43100 -223 Building Repair Supplies RUBBER SQUEEGE $18.61 Invoice 22587 3/13/2007 Cash Payment E 601 -49400 -223 Building Repair Supplies RUBBER SQUEEGE $18.61 • Invoice 22587 3/13/2007 -3577- CITY OF MOUND City of Mound Payments Current Period: March 2007 03/08/07 8:47 AM Page 18 Cash Payment E 602 -49450 -223 Building Repair Supplies RUBBER SQUEEGE $18.61 Invoice 22587 3/13/2007 Transaction Date 2/27/2007 Wells Fargo 10100 Total $226.53 Fund Summary 101 GENERAL FUND 222 AREA FIRE SERVICES 281 COMMONS DOCKS FUND 351 2001 -C G.O. Improvement 355 2003 -C G.O. TIF 1 -2 360 2001 -A G.O. Bonds 366 2003 -A G.O. Improvement 396 2002 -HRA Lease Revenue Bonds 401 GENERAL CAPITAL PROJECTS 402 MUNICIPAL ST AID ST CONSTUCT 450 Transient Parking Deck 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 675 STORM WATER UTILITY FUND I* Pre - Written Check Checks to be Generated by the Compute Total • 10100 Wells Fargo $40,036.43 $12,602.97 $4,623.27 $431.25 $431.25 $78.41 $431.25 $1,050.00 $3,092.50 $1,442,373.99 $23,615.59 $11,794.92 $10,628.40 $71,991.42 $462.23 $1,623,643.88 $0.00 $1,623,643.88 $1,623,643.88 -3578- Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200, Chaska, MN 55318 Phone: (952) 448 -8838 • Fax: (952) 448 -8805 March 7, 2007 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: 2007 Street Improvement Project, City Project No. PW -07 -01 Final Plans and Specifications Dear Mayor and City Council Members: At the November 14, 2006 City Council meeting, the public improvement hearing was held for the 2007 Street Improvement Project as required by Minnesota Statutes Chapter 429 for assessed improvement projects. At the conclusion of the hearing, the project was ordered along with the preparation of final plans and specifications. The final plans and specifications have been completed and a bid advertisement prepared indicating a bid date of April 3, 2007 at 10:00 a.m. We are requesting your approval of the attached resolution approving final plans and specifications for the 2007 Street Improvement Project and ordering the advertisement for bids. Sincerely, Daniel L. Faulkner, P.E. City Engineer cc: Carlton Moore, Director of Public Works -3579- • • CITY OF MOUND • RESOLUTION NO. 07-- RESOLUTION APPROVING PLANS FOR 2007 STREET RECONSTRUCTION ADVERTISEMENT FOR BI ION PROJECT WHEREAS, pursuant to a resolution passed by the City Council on November 14, 2006, the City Engineer has prepared plans and specifications for the proposed improvement of: East Tonkawood Edgewater Drive Edgewater Drive Arbor Lane Fairview Lane Chateau Lane Chateau Lane Pecan Lane Rosedale Road Hickory Lane Northern Road Sandy Lane Shirley Hills Eden Road Lakewood Lane • Lakewood Lane Fairview Lane Chateau Lane Woodridge Road Fernside Lane Bayport Road Avon Lane Montclair Lane Lost Lake Road Avon Drive Area Emerald Drive Emerald Drive Channel Road Ruby Lane Glendale Road Avon Lane Fairview to Arbor Lane Northern Road to Arbor Lane Edgewater Drive to north end Edgewater Drive to Lynwood Boulevard Edgewater Drive to south end Shoreline Drive to north end Edgewater Drive to Rosedale Road Pecan Lane to Hickory Lane Edgewater Drive to Northern Road Hickory Lane to east end Edgewater Drive to Shoreline Drive Wilshire Boulevard to Hidden Vale Lane Bartlett Boulevard to south end Bartlett Boulevard to Wilshire Boulevard Shoreline Drive to Bartlett Boulevard Shoreline Drive to Fairview Lane Chateau Lane to Fernside Lane Shoreline Drive to Bartlett Boulevard Avon Lane to Woodridge Road Bartlett Boulevard to Bayport Road Shoreline Boulevard to Bartlett Boulevard Bartlett Boulevard to end Bartlett Boulevard to Wilshire Boulevard Wilshire Boulevard to Glendale Road Emerald Drive to north end Channel Road to Glendale Road Bartlett Boulevard to Avon Lane Bartlett Boulevard to Emerald Lane and has presented such plans and specifications to the Council for approval; NOW, THEREFORE BE IT RESOLVED by the City Council of Mound, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. • -3580- Resolution No. 07- • 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published in the official city newspaper, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on April 3, 2007, at which time they will be publicly opened in the council chambers of city hall by the City Clerk and Engineer, will then be tabulated and will be considered by the City Council at 7:30 p.m. on Tuesday, April 10, 2007, in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5% of the amount of such bid. Adopted by the City Council this 13th day of March, 2007. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus • • 2 -3581- • T'hreeRivers PARK DISTRICT February 16, 2007 Ms. Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: Three Rivers Parks District - Dakota Rail Regional Trail Construction Plans Dear Ms. Hanson: Three Rivers Park District Board_ of Commissioners' Intergovernmental Committee has authorized the release of the construction plans for the Dakota Rail Regional Trail at their meeting on February 15, 2007. Pursuant to the direction of the Three Rivers Park District Board of Commissioners, a copy of the final construction plans is forwarded to each • community through which the trail corridor passes for their review and comment. The Board is requesting that each community forward their written response and resolution of support on or before the end of business March 20, 2007. Three Rivers Park District staff will summarize comments and forward to Three Rivers Park District Board of Commissioners' Intergovernmental Committee prior to the meeting on April 5, 2007. Three Rivers Park District staff, as part of this project, has met with and held discussions with City of Mound staff and have an understanding of the following issues requiring a formal agreement between the City of Mound and Three Rivers Park District. Pursuant to the Dakota Rail Task Force report and construction plans, a trailhead will be constructed and located adjacent the transit station in the City of Mound at a mutually agreed upon location. Three Rivers Park District will provide site amenities including benches, bike rack, trash receptacle and standard Three Rivers Park District information kiosks at the designated trailhead site. City of Mound will provide an easement for the trailhead as well as identify a minimum of six parking spaces as reserved for trail users. Three Rivers Park District will work with City of Mound and Hennepin County Department of Transportation to secure necessary easements and right -of -way permit for the trail crossing at County Road 15. • Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441 -1299 Information 763.559.9000 • TTY 763.559.6719 • Fax 763.559.3287 • www.ThreeRiversParkDistrict.org Three Rivers Park District Board of Commissioners Marilynn Corcoran Rosemary Franzese Mark Haggerty Joan Peters Dale Woodbeck Sara district Wyatt district3 — 3582- >inted district district 2 district 5 pending appointment After receipt of comments and upon authorization from Three Rivers Park District Board of Commissioners to proceed with the project, Three Rivers Park District staff shall contact City is staff to review and prepare the final agreement prior to the project being released for bids. If I can be of further assistance regarding this issue, please contact me at (763) 559 -9000. Sincerely, Douglas F. Bryant, Superintendent and Secretary to the Board BC: hg Enclosure C: Boe R. Carlson, Governmental Relations Administrator Donald J. DeVeau, Planning and Development Administrator File RTE 06O1G • J: \PROJECTS \Regional Trails \RTE 0601 Dakota Rail Regional Trail - Development Plan \B Planning & Design \Construction Design Phase \02- 16 -07- Dakota Rail Regional Trail - Mound letter.doc is -3583- � erg-, q r' Ae rGee �t4 5341 Maywood Road City of • • Mound, MN 55364 Planning and Building Department (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: March 13, 2007 Re: Waiver — previous 5' ft roadway easement and 7.5 ft. utilities easement supplemental information Based on Staff review of "new" Certificate of Title information supplied by the applicant (C. Henke) which was obtained from Hennepin County during recording of the vacation resolution, it appears that all easements in favor of the City were terminated in 2000 (both roadway and utilities.) As the Council may recall, the 5'ft roadway abutting Cumberland Road and the 7.5 storm sewer easement were retained as part of the January 2007 vacation approval by the City. Staff recommends that an additional condition be added to require the re- dedication of the 51 roadway easement and 7.5 utility easement. 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 • PLANNING REPORT TO: Honorable Mayor and City Council City of Mound planning and Building De artment FROM: Sarah Smith, Community Development Director DATE: March 7, 2007 SUBJECT: Request for waiver of platting approval APPLICANT: Charles Henke PLANNING CASE NUMBER: 07 -05 LOCATION: 47XX Manchester Road PID : 19-117-23-32-0089 ZONING: R -2 COMPREHENSIVE PLAN: Residential SUMMARY • The City Council will review a waiver of platting request from Charles Henke to subdivide the property located at 47XX Manchester Road to create (2) lots. The property is legally described as Lots 8, 9, 24 & 25, Block 9, Wychwood and is proposed to be split along original / exterior lot lines as follows: • Parcel A Lots 9 and 24, Block 9, Wychwood Parcel B Lots 8 & 25, Block 9, Wychwood SUBDIVISION REVIEW PROCEDURE City Code Chapter 330:10 states that any parcel of land, either platted or unplatted that has been combined for tax purposes or other reasons, cannot be separated or divided without an approved subdivision or a waiver of the platting requirements of the subdivision ordinance. A waiver of the platting requirement may be granted by the City Council after receipt of the background information provided by City staff. The waiver of platting and release of the tax combination may be approved if it is determined to be in compliance with all City codes. The City may impose conditions to the waiver. Applications for waiver of platting do not require review by the Planning Commission unless a variance(s) is needed. Following an amendment to the subdivision regulations in June 2005, waiver of platting applications retain "lot of record" status with regard to setbacks and hardcover. -3584- • BACKGROUND INFORMATION 1. A survey of the subject property prepared by DeMars Gabriel Land Surveyors dated October 6, 2006 was submitted with the application and shows the existing / proposed configuration(s) of the new lots. 2. The property is currently vacant. There are single - family dwellings located on both the west and east sides of the subject property. 3. The property is encumbered by a 5 FT easement adjacent to Cumberland Road. 4. A easement for roadway purposes which was intended for storm sewer purposes in 1979 was formally vacated by the City of Mound in January 2007. Based on discussions with the applicant and/or Hennepin County, it is Staff's understanding that the roadway easement was previously terminated by the County. 5. The proposed waiver application does not involve any construction activities. 6. As stated previously, waiver of platting applications, if approved, retain "lot of record" • provisions. 7. According to Hennepin County property tax records, the subject property is considered to be one parcel. A copy of the current property information from Hennepin County has been included as an attachment. 8. Waiver applications do not require Planning Commission review according to the City Code. 9. Abutting property owner(s) on the west and east side(s) were provided notice of the waiver application and 3/13 City Council meeting on March 8, 2007 by US Mail. 10. Both Manchester Road and Cumberland Road are improved public streets. 11. The four lots are being combined and divided in an east/west configuration using the original perimeter lot boundaries from the Wychwood plat. Staff does not deem this proposal to be contrary to the waiver provisions. In the event the City Council has any concerns regarding the application's conformity with the waiver regulations, it may remand the request to the Planning Commission if it feels their input is valuable prior to taking any formal action. The request could also be reviewed using the Subdivision Exemption procedures. -3585- • 12. The "rear setback" for the proposed lots is incorrectly shown as 15 ft. As Cumberland Road is a public street, a "front setback" of 20 ft is required. lie TIMELINE The application was submitted and deemed to be complete on January 31, 2007. Per state statute, the City has 120 days to approve or deny a subdivision application. ISSUES ANALYSIS Comprehensive Plan. The Future Land Use Map included in the Mound Comprehensive Plan guides the property for future low- density residential use (1 -6 units / acre.) Zoning. The subject property is zoned R -2 Single and Two Family Residential. Single - family homes are a permitted use in the R -2 District. The following table includes the lot area, width and setback requirements for the R -2 District: R -2 The applicant has provided a table which outlines the projects conformity with the R -2 District regulations as part of the application. Council members are advised that both Parcel A and Parcel B, as proposed, meet the current regulations of the R -2 District. No variances are being requested. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on both sides by residential use(s). CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all involved City departments for review and comment. See Below: Consulting Planner Rita Trapp. Application is complete. City Engineer Dan Faulkner. When the proposed building and grading plan is submitted as part of the building permit process, the drainage needs to be closely reviewed as there is a 20 -foot difference in elevation between Cumberland and Manchester. Submitted information shows all • necessary easements. Water and sewer is available. 3 -3586- Width Depth Front Setback ]2oFT Side Setback(s) Rear Setback Lot Area 40 FT 80 FT 6 FT / 6 FT* *denotes "lot of record" setbacks. 15 FT 6,000 SF The applicant has provided a table which outlines the projects conformity with the R -2 District regulations as part of the application. Council members are advised that both Parcel A and Parcel B, as proposed, meet the current regulations of the R -2 District. No variances are being requested. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on both sides by residential use(s). CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all involved City departments for review and comment. See Below: Consulting Planner Rita Trapp. Application is complete. City Engineer Dan Faulkner. When the proposed building and grading plan is submitted as part of the building permit process, the drainage needs to be closely reviewed as there is a 20 -foot difference in elevation between Cumberland and Manchester. Submitted information shows all • necessary easements. Water and sewer is available. 3 -3586- Building Official Dan Menth. No objections or comments. Building permit required including • submittal of all necessary information. Police Chief Kurtz. No objections. Planning and Engineering Technician Ray Hanson. Application is complete. Parks Supt. Jim Fackler. Staff to confirm amount of Park Dedication Fees required for subdivision. ADDITIONAL COMMENTS 1. Approval of the proposed waiver of platting does not constitute or guarantee future approval of any building permit(s) or any other necessary approval by any other public agency. STAFF RECOMMENDATION. Approval with conditions. A draft resolution has been prepared for review and consideration by the City Council. 7 • 4 -3587- • CITY OF MOUND RESOLUTION # 07- RESOLUTION TO APPROVE REQUEST FROM CHARLES HENKE FOR WAIVER OF PLATTING APPROVAL FOR PROPERTY LOCATED AT 47XX MANCHESTER ROAD TO CREATE TWO (2) LOTS PID #19- 117 -23 -32 -0089 PLANNING CASE # 07 -05 • WHEREAS, the applicant, Charles Henke, has submitted a request for waiver of platting approval pursuant to City Code Chapter 3 30: 10 for the property located at 47XX Manchester Road in order to create two (2) lots; and WHEREAS, the property is legally described as Lots 8, 9, 24, and 25 Block 9, Wychwood, Hennepin County, Minnesota and is proposed to be subdivided using original lot line(as) as follows: Parcel A Lots 9 and 24, Block 9, Wychwood Parcel B Lots 8 & 25, Block 9, Wychwood and; WHEREAS, the property is zoned R -2 and single - family residential is a permitted use; and WHEREAS, Lots 8, 9, 24, and 25, Block 9, Wychwood, Hennepin County, Minnesota are platted lots and were combined previously by another owner; and WHEREAS, as proposed, proposed Parcel A and Parcel B meet the lot size, lot width and depth requirements of the R -2 District; and • WHEREAS, City Code Chapter 330:10 states that a waiver of platting request may be granted by the City Council if it is determined that the proposal is in compliance with all City Codes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: A. The City does hereby approve the waiver of platting request with the following conditions: 1. Applicant shall be responsible for payment of all costs associated with the land use request. 2. No future approval of any development plans, land use applications and/or building permits is included as part of this action in the event the waiver of platting request is approved. 3. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 4. Applicant shall be responsible for procurement of any and/or all • permits. 5. Applicant shall provide drainage and utility easements along all new lot lines, five feet wide on side and rear lot lines and ten feet in width along the front lot lines. Easement(s) to be provided in an appropriate form so as to allow for recording at Hennepin County and shall be subject to review and approval by the City Engineer. 6. Final grading and drainage plan(s) to be approved by the City Engineer at time of building permit application. 7. The installation of utilities, if appropriate, must either be completed or an escrow deposit in the amount of 125 percent of a contractor's estimate shall be submitted which shall be subject to review and approval by the City Engineer. 8. (2) Sanitary Sewer and Watermain Area Trunk Charges in the amount of $2000.00 each shall be paid prior to the release of the resolution. Total: $8000.00 • -3589- • Proposed Parcel A Lots 9 and 24, Block 9, Wychwood, Hennepin County, Minnesota Parcel B Lots 8 and 25, Block 9, Wychwood, Hennepin County, Minnesota The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted March 13, 2007 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -3590- 9. Two (2) park dedication fees in the amount of $1100.00 each are • paid prior to the release of the resolution. Total: $2200.00. 10. Sewer Connection and Water Connection Fees of $240.00 each for (2) lots shall be paid as part of the building permit. 11. Two (2) MCES charges shall be paid as part of the building permit. 12. Applicant shall be responsible for providing evidence of recording of the resolution and easement document(s) following recording at Hennepin County prior to the issuance of any future building permit. submitted to the City prior 13. A hazardous materials survey shall be Y P to any demolition activities and permit issuance for formal review. 14. The setback for the new lots abutting Cumberland Road shall be a minimum of 20 FT as required by the R -2 District as it is deemed to be "front" setback. B. This waiver of platting request is hereby approved for the following described • property: Existinij Lots 8, 9, 24, and 25, Block 9, Wychwood, Hennepin County, Minnesota • Proposed Parcel A Lots 9 and 24, Block 9, Wychwood, Hennepin County, Minnesota Parcel B Lots 8 and 25, Block 9, Wychwood, Hennepin County, Minnesota The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted March 13, 2007 Attest: Bonnie Ritter, City Clerk Mark Hanus, Mayor -3590- r rcu rw M04 109! WAIVER OF PLATTING ' aQ 0� 5341 MWWOW Road, Mound, MN 5364 APPLICATION �a�� r 0 Phone 952 - 472 -0600 FAX 952 - 472 -06M /rr City Council Date: case PROPERTY INFO EXisTiNG LEGAL DESCRIPTION PROPOSED LEGAL DESCRIPTION PROPERTY APPLICANT OWNER (If other than applicant) SURVEYOR/ ENGINEER >FIcauon Fee and Escrow De it uitled at time of /� Subject Address " / 7r Lot$ ) k t Z/5_ - Brock,^ �_ Subdivision PtD# 1 / / - 2= 4� Plat # A. Lot(s) Cf X Btodc. B. I Lot(s )_ � d� yJ Block Zoning District Circle: R -1 R -1A ;9 R -3 B-1 &2 B-3 Are there existing structures on the property? yes / no Do the existing structures cavrntsiy with the zoning ordinac for setbacks, hardcover. etc.? yes / no The applicant is: —owner ,- other: Name__ L H)�- i-i!F 9 1-11, 13 �_34/0, �,yRle Phone Home ll� 7I 7d ©Work —5 r Celt_ ��I ' �F E -mail Address MON 9' c AR157P OG� M rf / 00 Yl/ Phone Home m 7 -2� Nae_,! "/4T 8S; Address 2Q Office Phone 76 3 � — Fax 414--Rl Pg..Il�"t��ST�. Work Fax RD rlas an application ever been nracle for zoning, variance, conditional use vi vp-x_ t ! nn If wghaL xnf .terse. t _s _ _ _, Y. -- Fax Permit, or other zoning I -� - �-rr� . c.ww� wnvct. tvawuuvn numo,eRS) and provwe copies of rewlutionS Nit/, D T I-'ci "1� ; c � -� C. �� ; l 67 IYe&pr -J 0 Application mast be signed by C owners of the subject property, or explanation given why this Is not the case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and a=rste. f acknowledge that i have read ati of the information provided and that I am reeponsibla for all costs incumsd by the Ch,Y d to the Pfoo a hV of this appllca&m consent to the entry in or upon the Pramisss described in this application by any authorized ing ottieial of the City of Mound for the purpose of lnspeeft, or of poaft, maintain and such n�otices'as may be by � Applicant Signature L z E . �� • Date 7 Owner's Signature AII Date Waiver of Ptaft Inbrr On a' (122g'� RVK 5 SIP Z�z _ -3591- Current Zoning: R2 -------------------------------- MANCHESTER ROAD M SAN. MH hiv. 94 1.98 _ F r „rh S 89 °55'08" E 80.01 - -- -- 40.00 s 40.00 Drainage & °- Drainage & Utili Eoseglent Utili! Easem of 5 '�� ! o 1 ? Parcel A. Proposed Drainage & 03) `'° 3a•3 9� Utility Easement 20' -Front S�tbpck' 20�Front Setba�c��,'L The northerly 10.00 feet of Lot S�. 9, Block 9, WYCHWOOD. And, the 2 -15" 1TONWOOD I southerly 10.00 feet of Lot 24, / I I "It said Block 9. And that part of prop 6 Cq the easterly and westerly 5.00 pfoPpSed o ' t4 Full et which lies northerly of he em Full �j x L Bas plef p CO o southerly 10.00 feet of said Lot I w Bose r N Rom v "'t O— 24 and southerly of the amble ^ "� o northerly 10.00 feet of said Lot R "? 9. Cry 10" ELM a 17.4 Parcel B: Proposed Drainage & o Utility Easement � 4" C ONWOOD �� The northerly 10.00 feet of Lot I 951.7 x ? 0 8, Block 9, WYCHWOOD. And, the C1J Q' �j Q southerly 10.00 feet of Lot 25, ►() said Block 9. And that part of as -4 28,0 --- ^ the easterly and westerly 5.00 O 28' 0 N �i (953 y.5 feet of said Lots 8 and 25. O v -> v which lies northerly of the Deck southerly 10.00 feet of said Lot 25 and southerly of the O _ u __ northerly 10.00 feet of said Lot s.... I I'� �� 1 -' �) Catch Basin B. is Rim =950.9 _ J�SZJ _ EXISTING HARDCOVER 6 "I 1 • Vii, ,' L - f" 16 " &l 954- Building 0 Sq.Ft. �0" �_yg6- Patios & Decks 0 Sq.Ft. �` PLAR _ B Conc. Walks &Drive 0 Sq.Ft. 77 T6- BASSWO 05 Landscaping 0 Sg.Ft. � SASS1}�00D '� 60� ` 12 LM Total Hardcover 0 Sq.Ft. _961' � do BOX ELDE� ` , 6a' Lot Area 12.322 Sq.Ft. qh %• i 15� ReyL-Seth k I �.,,,_ ` _ 15' R r Set a I = X of Hardcover 0.0 X 6 24 CA 96a PROPOSED HARDCOVER — - { i6 =t3AK —'- 24_ ELA4 _ - o PARCEL A 40.00 40.00 97p' Building 1.736 Sq.R. Patios & Decks 0 Sq.Ft. G eyi( re e '.,ur N Conc. Walks & Drive 400 Sq.Ft. 80.00 MH ^ 11 i Landscaping 0 Sq.Ft. �c N 89049'18" W _ _ g Total Hardcover 2,136 Sq.Ft, CUMBERLAND ROAD Lot Area 6,399 Sq.Ft. X of Hardcover 33.4 X --- -------- - - - - -- PROPOSED HARDCOVER EXISTING LEGAL DESCRIPTION: PARCEL 8 Lots 8,9,24 &25, Block 9, WYCHWOOD Building 1,736 Sq.Ft. patios & Decks 0 Sq.Ft. PROPOSED LEGAL DESCRIPTIONS: Conc. Walks & Drive 400 Sq.Ft. PARCEL A: Lots 9 & 24, Block 9, WYCHWOOD Landscaping 0 Sa.Ft. PARCEL B: Lots 8 & 25, Block 9, WYCHWOOD Total Hardcover 2,136 Sq.Ft. Address unassigned AREAS: sq.Ft. O D iron monument Total Area: 12,803 Sq.Ft. Lot Area 6,404 :notes • D €, i ter r'nund monument Parcel A: 6,399 Sq.Ft. Parcel b: 6,404 Sq.Ft. X of Hardcover 33.4 X Sheet 1 of 2 x p );).p Dr.'rrotes existing elev. I hereby certify that this survey, plan or report was prepared by me and that I a duly Registered Land POSED PROPERTY DIVISION DEMARS— GABRIEL or under my direct supervision . Su^ and h Lows of the State of Minnesota. • LAND SURVEYORS, INC. FOR R �_-�- 3030 Harbor Lane No. Plymouth, MN 55447 David E. Crook eve coddon Phone: 763) 559 -0908 Fox :x(763) 559 -0479 Dote: Oct. 6. 2006 Minn. Reg. No. 22414 —3592— Lot Area /Bulk Standards Table [-OR: Mr. Steve Coddon PROPOSED MINOR SUBDIVISION AT 47XX MANCHESTER ROAD PROPERTY ZONED R2 Sheet2of2 DEMARS— GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559 -0908 PARCEL A MINIMUM LOT ARE4=6000 SF PROPOSED LOT AREA =6,399 SF MINIMUM LOT WIDTH =40 FT PROPOSED LOT WIDTH =40 FT MINIMUM LOT DEPTH =80 FT PROPOSED LOT DEPTH =160 FT BUILDING SETBACK TABLE _ REQUIRED PROPOSED FRONT 20 20 LAKESHORE N N A REAR E 1 SIDE CORNER N A N A V C�� PARCEL B MINIMUM LOT AREA =6000 SF PROPOSED LOT AREA =6,404 SF MINIMUM LOT WIDTH =40 FT PROPOSED LOT WIDTH =40 FT MINIMUM LOT DEPTH =80 FT PROPOSED LOT DEPTH= 160 FT _BUILDING SETBACK TABLE REQUIRED PROPOSED FRONT 20 20 LAKESHORE N16 N A REAR 1 1 SIDE CORNER NIA N A tI Cwt 5,11 I hereby certify that this sketch, plan or report was prepared by me or under File No. my direct supervision and that I cam a duly Registered Land Surveyor under the 13253 Law` of the 5e of Minnesota. /^ —mil((/ f'►�+ � Book —Page David F. Crook Date: 10 -0606 --- -3593- I Scale Minn. Reg. No. 22414 N/A u CERTIFICATE City of Mound STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) 4�p I, the undersigned, being duly qualified and the City Clerk of the City of Mound, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached and forgoing extract was transcribed. 2. 1 have carefully compared said extract with said original record. 3. 1 find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including any resolution adopted at such meeting, insofar as they relate to: RESOLUTION NO. 07-18 • A RESOLUTION TO APPROVE THE VACATION OF ROADWAY EASEMENT PLANNING CASE NO. 06-46 • Said meeting was duly held, pursuant to call and notice thereof as required by law on the 23rd day of January, 2007. WITNESS my hand officially as such Clerk, and the seal of said City, this 26th day of January, 2007. -3594- Bonnie Ritter, City Clerk • CITY OF MOUND RESOLUTION # 07 -18 A RESOLUTION TO APPROVE THE VACATION OF ROADWAY EASEMENT PLANNING CASE NO. 06-46 WHEREAS, the applicant, Charles Henke, has submitted an application to vacate a roadway easement previously dedicated in favor of the City of Mound in 1979 as the easement was intended for permanent storm sewer purposes; and • WHEREAS, the roadway easements to be vacated is legally described on the attached Exhibit A; and WHEREAS, City policy requires that all vacation requests are reviewed by the Planning Commission prior to review by the City Council; and WHEREAS, Mound Staff and consultants reviewed the vacation request and recommended approval; and WHEREAS, the vacation request was reviewed by the Planning Commission at its December 18, 2006 meeting who voted to recommend approval of the roadway vacation subject to conditions as recommended by Mound Staff and consultants; and WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City Council of Mound held a public hearing on the vacation request on January 23, 2007 and provided proper notice thereof pursuant to state law; and WHEREAS, no comments in objection of the vacation request were. received. • -3595- Resolution No. 07 -18 • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve the roadway vacation request, as submitted, as there is no public benefit to retaining the roadway easement as it was intended for permanent storm sewer purposes only, subject to the following conditions: 1. The applicants shall be responsible for payment of all costs associated with the vacation request. 2. The storm sewer easement in subject area, in favor of the City of Mound, shall remain in full force and effect. Adopted this 23 Id day of January, 2007. /s/ Bonnie Ritter Attest: Bonnie Ritter, City Clerk • • /s/ Mark Hanus Mark Hanus, Mayor -3596- Resolution No. 07 -18 EXHIBIT A That art of the east 7.50 feet of Lot 25 and L B • p of 8, lock 9, WYCHWOOD, which lies north of the south 5.00 feet of said Lot 25. • • -3597- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 Executive Summary rY City of Mound Planning and Building Department TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: January 16, 2007 SUBJECT: Vacation Request of Roadway Easement — Lots 8 & 25, Block 9, Wychwood (47XX Manchester Road) LEGAL: Lots 8, 9, 24 and 25, Block 9, Wychwood APPLICANT: Charles Henke PLANNING CASE NUMBER: 06-46 ZONING: R -2 i COMPREHENSIVE PLAN: Residential REQUEST • The City Council will review the vacation application from Charles Henke to vacate a roadway easement previously dedicated in favor of the City of Mound in 1979 as the easement is intended for storm sewer purposes and is not being used as a road. PROCEDURE Minnesota State Statutes Section 412.851 states that a statutory city may abandon ownership or control over all or any part of the land they have set aside, dedicated or used as streets or alleys and further states that a City Council may initiate the action by resolution or by the submission of a petition by a majority of the landowners and the owners of at least 50 percent of the land area. Procedurally, state statute requires that the City Council must hold a public hearing on the proposal following two weeks of published notice and posted notice. The City must also provide written notice to each affected owner at least (10) days before the public hearing. Members of the Council are advised that all required notification requirements have been satisfied. City policy also requires that any proposed vacation request is reviewed by the Planning Commission, Parks, Open Space and Docks Advisory Commission (as appropriate) prior to formal review by the City Council. • -3598- CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all involved departments for review and comment: Public Works Director Moore Planning /Engineering Tech Hanson City Attorney Dean PUBLIC AGENCY REVIEW Based on review of document, it appears easement is for storm sewer. Utility easement rights to be retained. Review of easement document indicates that "temporary easement" was for roadway purposes and "perpetual easement" was for utility (storm sewer) purposes. Easement in favor of roadway can be terminated using the vacation process in Minnesota Statutes (MS). Easement(s) for storm sewer purposes to be retained, if needed. Staff has determined that the vacation request does not affect Hennepin County or the DNR. GENERAL COMMENTS 1. In considering a vacation request, the City Council must make a finding that there is no public benefit to retaining ownership of the right -of -way and /or easement. 2. Vacation requests are not subject to the timeline provisions as set forth in MS 15.99. 3. Staff considers this request to be "housekeeping" in nature. 4. Following review and recommendation from the Planning Commission, a public hearing will be scheduled in accordance with Minnesota Statutes (MS.) 2 -3599- • .7 • • As the Council may be aware, the City did a significant street and utilities 5. Y improvement project in 1979. The easement(s) taken on the property were likely undertaken to provide temporary access during the construction project and to provide adequate space for future maintenance of the new infrastructure. 6. No subdivision or lot division activities are included in the current application. 7. If private utilities exist in the subject area(s), appropriate easement(s) will be maintained as allowed by MS. 8. Vacation of the 5' roadway easement abutting Cumberland Road is not part of current request. PLANNING COMMISSION RECOMMENDATION At its December 18, 2006 meeting, the Planning Commission unanimously voted to recommend approval of the request, as recommended by Staff, as there appears to be no public benefit to retaining the "roadway portion" of the easement as the easement(s) were originally only retained for temporary roadway and permanent . utilities purposes. A draft resolution based on the Planning Commission's recommendation has been included for review and consideration by the Council. • 3 -3600- Property Information Search by Property ID Result page Page 1 of 2 Value and Tax Summary for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Estimated Market Value: $29,000 Hennepin County, MN $23,800 www: us $23,800 Property Information Search Result • Total Net Tax: $307.05 The Hennepin County Property Tax web database is updated Solid Waste Fee: $3.73 daily (Monday - Friday) at approximately 9:15 p.m. (CST) RESIDENTIAL Search By: NON- HOMESTEAD Parcel Data for Taxes Payable 2007 Agricultural Exempt Status !.P Prin (�"""` Property ID: 19- 117 -23 -32 -0089 l Address: 85 ADDRESS UNASSIGNED i Municipality: MOUND School Dist: 277 Construction year: Property ID: Watershed: 3 Approx. Parcel Size: N 70 X 150 19- 117 -23 -32 -0089 Sewer Dist: Owner Name: B A COOPER & C L COOPER Search j Clear Taxpayer Name BYRON COOPER & Address: 4731 MANCHESTER RD MOUND MN 55364 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms - length transactions. Sale Date: June, 2000 Sale Price: $23,000 Transaction Type: Vacant Land Tax Parcel Description Addition Name: WYCHWOOD Lot: Block: 009 Metes & Bounds: LOTS 8 9 24 AND 25 SUBJECT TO ROAD • Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Estimated Market Value: $29,000 Limited Market Value: $23,800 Taxable Market Value: $23,800 Total Improvement Amount: $23,800 Total Net Tax: $307.05 Total Special Assessments: Solid Waste Fee: $3.73 Total Tax: $310.78 ' S Property Information Detail for Taxes Payable 2007 Values Established by Assessor as of January 2, 2006 Values: Land Market $29,000 Building Market Machinery Market Total Market: $29,000 Land Limited $23,800 Building Limited Total Limited: $23,800 Qualifying Improvements Classifications: Property Type VACANT LAND - RESIDENTIAL Homestead Status NON- HOMESTEAD Relative Homestead Agricultural Exempt Status • 6086096 http://www2.co.hennepin.mn.us/pins/pidresult-3601 - 3/7/2007 • • • Hennepin County Oblique Aerials Page 1 of 1 http;// wwwl3 .co.hennepin.mn.us/HCPropertyl- 3602- Iseye.aspx ?PID= 1911723320089 3/7/2007 t, J V V w WQ' O p �r �o 5 i •/(e 8 ?r 603 �� <` � • 6� 0 This information sheet only summarizes a portion of the requirements outlined In the City of Mound Zoning Ordinance.. For further infonnation, contact the City of Mound Planning Department at 952. 472 -06x7. General Zoning Information Sheet 11-2 Zoning District • Single Family Residential, Two Family Residential and Twin Homes SINGLE FAMILY DWELLINGS Lot Area Lot Width and Setback Reauirements *Minimum lot frontage on an improved public street shall be 80 feet, except that lots fronting on a cul-de -sac shall be 8o feet at the front .building setback line (i.e. 20 feet back from front property line). Applicable side or rear yard setbacks apply to lot lines abutting fire lanes, alleys or unimproved street right -of -ways. Building Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice the of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. No building shall exceed two and one half (2 -1/2) stories or thirty -five (35) feet in height. LOTS OF RECORD Special Provisions (Single Family & Two Farnllvl Side yard setbacks for lots of record shall be six (6) feet unless the structure or site does not contain a garage in`which case, one side yard setback is required to be ten (10) feet to accommodate a driveway access. Lot Width Minimum Side Yard Setback Corner 40 - 50 feet 10 feet Lots 51 — 80 feet 20 feet 81 feet or more 30 feet • 2006 -3604- 6,000 Square Feet Minimum Lot Area (non - Lakeshore) 10,000 Square Feet Minimum Lot Area (lakeshore) ........ ...... ............................... 40 Feet ...•....•••.•.......•••• •••••• Minimum Lot Width (non - lakeshore) ................................................ ••••• Feet - ••50 Minimum Lot Width ( lakeshore) .... ...... ............................... 6,000 Square Feet Minimum Lot Area ................................... ............................... . Feet Minimum Lot Width ............................ ............................... ...........................40 -Yard Feet Front Setback............:.. ................. ............................... ..........................20 Feet SideYard Setback . ............................. ............................... ..................10 Feet. Rear Yard Setback ... ................................................. .............................15 Feet Minimum Lot Depth:..... ..... .............. ............................... ..........:80 Feet Lakeshore / Ordinary High Water Setback ........................... .............................50 Square Feet Minimum Floor Area Requirement............ ..........................840 TWO FAMILY DWELLINGS Lot Area Lot Width and Setback Requirements —.. Square Feet Minimum Lot Area ... ............................... . ...................14,000 80 Feet: Minimum Lot Width ...................... ..... ............................... 20 Feet Front Yard Setback ..........:...: ....... ............................... ...................... .. Feet Side Yard Setback: .................., ............................. : ..........................10 Feet. Rear Yard Setback... .......... ............................... ..15 Feet Lakeshore / Ordinary High Water Setback.......... I ................... ...................50 *Minimum lot frontage on an improved public street shall be 80 feet, except that lots fronting on a cul-de -sac shall be 8o feet at the front .building setback line (i.e. 20 feet back from front property line). Applicable side or rear yard setbacks apply to lot lines abutting fire lanes, alleys or unimproved street right -of -ways. Building Height. The vertical distance to be measured from the average grade of a building line to the top, to the cornice the of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. No building shall exceed two and one half (2 -1/2) stories or thirty -five (35) feet in height. LOTS OF RECORD Special Provisions (Single Family & Two Farnllvl Side yard setbacks for lots of record shall be six (6) feet unless the structure or site does not contain a garage in`which case, one side yard setback is required to be ten (10) feet to accommodate a driveway access. Lot Width Minimum Side Yard Setback Corner 40 - 50 feet 10 feet Lots 51 — 80 feet 20 feet 81 feet or more 30 feet • 2006 -3604- HARDCOVER REQUIREMENTS Impervious surface coverage of lots shall not exceed 30 percent of the lot area. On existing lots of record *, impervious coverage may be permitted by a maximum of 40 percent providing that: techniques are utilized as identified in Section 350;1225, Subd. 6.13.1. Impervious cover is any surface impervious or resistant to the free flow of water or surface moisture, including all buildings, driveways and parking areas whether paved or not, tennis courts, sidewalks, patios and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in" impervious cover calculations. • vin -I rays$ /imW r 1GiV��.V�t�L7�7 1�iMISl1VG�71�717GL/a71 — 1.ULUUVVraae Una gemaciKMQUirements An accessary building shall be considered to be an integral part of the •principal structure unless it is five (5) feet or more from the principal. structure or use and providing that the structure exceeds 120 square feet 1. Area and: Size ° Requirements (see hardcover requirements on page 11 A. Accessory buildings shall not exceed a total gross floor area of 3000 square feet or 159 of the total lot area whichever is less. B. Each individual Laccessory building shall not exceed 1,200 square feet of gross floor area: C. The total number of accessory buildings for lots measuring 10,000 square feet or less shall be two (2). On lots exceeding 10,000 square feet, accessory buildings shal[be limited to a total of three (3): 2. Front Yard Setback. Ali accessory buildings shall meet the same front yard setback'. requirements as the principal building, except for Lakeshore and through lots. For detached garages on a Lakeshore or - t roug 10ts, 'a minimum twenty (20) foot front yardLL setback 'Lis required if tfie garage doors) open to the street; an eight (8) foot front yard setback is required if the garage door(s) open to the side lot line. 3. Side Yard Setback. A detached accessory building may be located within four (4) feet of the side.lot line in the rear yard with a minimum of a six (6) foot setback in side yard location. On through and . lakeshore lots, a detached accessory - building may be located within four (4) feet of the side lot. line in thefront yard. Whenever a garage is`designed with the doors facing `s side lot line, the minimum distance between the doors and the side lot line shall be'twenty (20) feet. 4. Rear Setback. L A detached accessory building may be located within four (4) -feet of the rear lot'iine. 5. Lakeshore Setback: Detached accessory buildings must;maintain a 50 foot setback frorn -the ordinary high water. DECKS See separate deck handout for more information. Front and Sides ......... ....................::........I ... .......Same as Accessory Building: Setbacks Rear. ..... ..... ................. 10 feet ELEVATION REQUIREMENTS Ordinary High Water Flood Elevation Lowest Floor Elevation LAKE MINNETONKA 929.4 MCWD 931.5 CITY 931 933 DUTCH LAKE 939.2 940 942 LAKE LANGDON 932.1 935` 937 2006 -3605- • • AGREEMENT FOR DISPOSAL BETWEEN • NRG PROCESSING SOLUTIONS, LLC. AND THE CITY OF MOUND This agreement is made and entered into by the City of Mound and, hereinto referred to as the City, and Resource Recovery Technologies, LLC., or any successor, hereinto referred to as RRT PS. Section 1. TERM OF AGREEMENT This agreement will commence April 1, 2007 or when site is opened for the season, and shall expire December 1, 2007 or when the site is closed for the season. Section 2. AREA TO BE SERVED RRT PS will accept delivered, compostable yard waste material, without charge, from the private (i.e., non - commercial) residents of the City of Mound provided the material is prepared and delivered to the facility in a manner reasonably acceptable to RRT PS. The residents of the City will be required to show proper identification to show that they live in the City of Mound. Section 3. COMPOSTABLE MATERIALS • The following are examples of the materials that will be accepted at the yard waste composting facility at no charge to residents of the City of Mound: Grass /Lawn Clippings Garden Waste Leaves Weeds Mil Foil Items may be added to or deleted from this list as agreed between the parties or required by law. Section 4. PAYMENT For the operation of accepting material from the residents of the City of Mound, the City will pay $13,750.00 up front to cover the material brought in by the residents of the City of Mound. Due to the amount of material delivered to the compost site during the year 2006, 2,175 cubic yards or 325 yards short of the 2,500 yards that were prepaid for the 2006 season, RRT PS will deduct $1,625.00 from the $13,750.00 total due. The result is the City owes $12,125.00 for the 2007 season. RRT PS shall keep records of all yardages that is brought into the facility by the residents of the City. The $12,125.00 will cover 2,500 cubic yards. If the total for the year is less than 2,500 cubic yards RRT PS will refund to the City the difference at $5.50 per cubic yard for every cubic yard fewer than 2,500. If the total for the year is more than 2,500 cubic yards the City will pay RRT PS $5.50 per a cubic yard for every cubic yard over 2,500. • -3606- Section 5. CANCELLATION AND TERMINATION • Either party may terminate this Agreement for a material breach of the Agreement.by the other party after giving written notice of breach and allowing the other party thirty (30) days to correct the breach to the satisfaction of the complaining party. Except as provided in the paragraph above, this Agreement may be canceled by either party only after thirty (30) days negotiation period and ninety (90) days notice to the other party. Section 6. APPLICABLE LAW This agreement is entered into, and governed by, laws of the State of Minnesota. Section 7. ENTIRE AGREEMENT This agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement In witness thereof, the parties hereto executed this agreement on the day of 2007. • CITY OF MOUND Kandis Hanson City Manager -3607- RRT PS Robert Friend Resource Recovery Technologies • 7-% CITY OF MOUND ��Fs• 5341 MAYWOOD ROAD MOUND, MINNESOTA, 55364 TRANSIENT MERCHANT LICENSE �AR Lo DATE OF BIRTH: �-3 APPLICANT NAME: p �, /,� o T- T �� I HOME ADDRESS: DR. LIC. #: !�,I,( HOME PHONE #: TYPE OF BUSINESS OR DESCRIPTION OF THINGS TO BE SOLD: BUSINESS N BUSINESS ADD PLACE BUSINESS IS TO BE CARRIED ON: ONE #: SALES TAX #: RESIDENCE OF THE APPLICANT t FOR THE LAST 5 YEARS: /yD '/O vs SALES PEOPLE FULL NAMES & DRIVER'S LICENSE PS & DATES OF BIRTH IP REFERENCES: (GIVE NAMES, ADDRESSES AND PHONE # OF THREE) lUA161 '- -A/--9g T k IA 9 -a 6p � SIGNATURE APPLICANT 5341 Maywood Road Mound, MN 55364 • (952) 472 -3190 will MEMORANDUM To: Honorable Mayor and City Council From: Sarah Smith, Community Development Director Date: 3/8/2007 Re: Temporary Sign Permit — Banner for Dailey's Pub SUMMARY Jim Dailey, on behalf of Dailey's Pub, is requesting approval of a temporary sign permit(s) to allow placement of a temporary banner to be placed on the fence at Mound Marketplace outside his business for the purpose of advertising and promoting St. Patrick Day's specials at Dailey's Pub. As the Council is aware, City approval of temporary signs/banners is a condition/requirement of the current liquor license for Dailey's Pub. With regard to the request, City staff offers the following comments: 1. Pennant / Banner. City Code Section 365:15 Subd. 9 (C) allows temporary banners and pennants employed for special events as long as they are removed within (30) days. No fees are required. 2. According to the applicant, the banner is approximately 3' x 6' and is constructed of a plastic -type • material. 3. The banner will include details associated with St. Patrick's activities at the pub including, but not limited to, food and beer specials, etc. Staff would expect that the banner would be put up following formal approval by the City and would be taken down immediately after the St. Patrick's Day event. RECOMMENDATION City staff recommends that the City Council approve the temporary sign request(s) for Dailey's Pub subject to the following conditions: 1. The applicant fills out a temporary sign permit application form to include all required information. 2. All signage is removed immediately following the St. Patrick's Day promotional event. Any and/or all fees owned to the City are paid prior to the issuance of the permit in accordance with City Policy. -3609- SIGN PERMIT APPLICATION QUASI PUBLIC FUNCTION - PORTABLE SIGN City of Mound, 5341 Maywood Road, Mound, MN 55364 • Phone: 472 -0600 FAX: 472 -0620 Portable signs used for the purpose of directing the public used in conjunction with a governmental unit or quasi - public functions. The period of use shall not exceed ten (10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertised event, and /or on such other premises as approved by the City Council when granting the permit. A permit is required, however is exempt from all fees. ADDRESS OF SIGN LOCATION 05 l �+-U� %Vo V'o (If more than one, please list on separate sheet of paper) ! �j�'� NAME OF APPLICANT . J I�`' �>4'I PHONiOU _ APPLICANT 's ADDRESS NUMBER OF SIGNS: • ITYPE OF SIGN: SIZE OF SIGN: DATES OF USE: banner temporary _feet high x FROM/ DESCRIBE REASON/ PURPOSE FOR QUEST: _wall mount _free standing _permanent feet wide = square feet TO / /U /2 J N;4 DESCRIBE SIGN (message, materials, is it illuminated, etc.) CIO sit OL 1 Appl cant's Si nature Date • /l/l////////l/l/llll llll/l/lllllllll!l llllllll/ l /l /Illl /lllll /llIllllllllllllJ APPROVED BY CITY COUNCIL ON: -3610- 5341 Maywood Road Mound, MN 55364 City of Mound (952) 472 -3190 Planning and Buikling Department Executive Summary TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: March 6, 2007 SUBJECT: Public Hearing — 2- Lot Minor Subdivision and Vacation Approval(s) APPLICANT: Vladimir Sivriver OWNER: Roman Zhuk and Elena Koval PLANNING CASE NUMBER: 06 -43 and 06 -44 LOCATION: 4731 Wilshire Boulevard ZONING: R -2 Single and Two Family Residential COMPREHENSIVE PLAN: Residential SUMMARY. The City Council will hold a public hearing to review application(s) from Vladimir Sivriver for minor subdivision and vacation approval to subdivide the property located • at 4731 Wilshire Boulevard to create (2) lots. As proposed, the lot split will create new lot line(s) and includes the north half (15 feet) of unimproved Suffolk Road. The proposed configuration and lot dimensions are included on the attached survey from Engineering Design and Surveying dated December 30, 2006. In general, the proposal(s) are associated with the property described as Lot 5 , Lot 6 and the East one half of Lot 7, WYCHWOOD, Hennepin County, Minnesota. Members are advised that no variances are being requested as part of the current request. SUBDIVISION REVIEW PROCEDURE. The regulations for a minor subdivision are included in City Code Chapter 330.20 and generally read as follows: "Any division of land that is subject to the regulations Subsection 330.15 shall be considered either a major subdivision or a minor subdivision. The classification shall be determined under the following criteria: Subd. 1. Minor Subdivisions. The following shall be considered minor subdivisions: A. Residential. Any subdivision of land creating not more than three residential lots. Such lots must conform to all of the following: 1. Have frontage on an existing public road. 2. Not require the construction of any new public facilities improvements. 3. There will be no adverse effect on remaining or adjoining property. • -3611- I* • 4. There is no conflict with the Comprehensive Plan, Zoning Ordinance or Official Map. VACATION REVIEW PROCEDURE. Minnesota State Statutes Section 412.851 states that a statutory city may abandon ownership or control over all or any part of the land they have set aside, dedicated or used as streets or alleys and further states that a City Council may initiate the action by resolution or by the submission of a petition by a majority of the landowners and the owners of at least 50 percent of the land area. Procedurally, state statute requires that the City Council must hold a public hearing on the proposal following two weeks of published notice and posted notice. The City must also provide written notice to each affected owner at least (10) days before the public hearing. City policy also requires that any proposed vacation request is reviewed by the Planning Commission, Parks, Open Space and Docks Advisory Commission (as appropriate) prior to formal review by the City Council. Members of the City Council are advised that the application(s) were reviewed by the Planning Commission on January 22, 2007 in accordance with City policy. The public hearing notice was published in the Laker on February 17th and February 24th respectively; was posted at City Hall on February 13, 2007; and mailed to all property owners within 350 feet and involved agencies on March 1, 2007. Therefore, all notification requirements have been satisfied. TIMELINE FOR GOVERNMENTAL ACTION. Subdivision applications are subject to a 120 -day timeline for agency action. The minor subdivision application (as revised) was submitted and deemed to be complete on or around January 2, 2007. Vacation applications are not subject to the standard 60 -day or 120 -day review timeline(s.) BACKGROUND INFORMATION. The subject property is fronted on the north side by Wilshire Boulevard and unimproved Suffolk Lane on the south side. The property does not qualify as a lakeside lot and is therefore not subject to the "new" shoreland overlay district (SOD) minimum lot standard of 10,000 SF for lots in all districts. The existing house and garage, which straddles the property, is to be demolished and replaced with (2) new SF homes (including attached garages.) There is an existing driveway easement and permanent utility easement located on the west side of proposed Parcel A which encumbers the property. PUBLIC AGENCY REVIEW. A copy of the application materials was forwarded to all involved agencies for review. Comments received are as follows: Dave Zetterstrom, Hennepin County. Refer to letter dated November 15, 2006 from Hennepin County Engineer Jim Grube. The City Council is advised, however, that Hennepin County confirmed via telephone on January 16, 2007 that a right of way easement in lieu of formal dedication has been deemed to be an acceptable alternative. 2 -3612- CITY DEPARTMENT REVIEW. Copies of the request and all supporting materials were is forwarded to all involved City departments for review and comment. Comments received are as follows: City Engineer Dan Faulkner. • Hennepin County may have concerns with the request as it would necessitate additional access points on to the County Road. It appears that the existing home shares an access with the property owner to the west. Driveway access location(s) will be subject to review and approval by Hennepin County. • Applicant is advised that Hennepin County typically looks at requests for additional accesses to their County Roads only if there is no other option. • Since Wilshire is a "Collector Road" as identified in the City's official comprehensive plan, driveway accesses should be limited although there are currently residential drives on to Wilshire Boulevard. Therefore, the addition of "new" driveway accesses on to Wilshire Boulevard needs to be carefully considered. • Hennepin County requires permitting for all excavating activities in their roadway in order to make the sewer and watermain connections as proposed with the minor subdivision. • Hennepin County may require the dedication of additional right of way and / or street and trail easements as part of the minor subdivision. • Lot drainage will have to be properly handled, especially between the proposed homes, as there is a 3 -foot elevation difference between them (first floor.) Parks Supt. Jim Fackler. No comments. Police Chief Kurtz. No comments or objections. Planning and Engineering Technician Hanson. Access to adjacent properties must be provided and/or accommodated if 15 -foot strip of unimproved Suffolk Road is vacated. If vacation is approved, Staff recommends that subject 15 -foot road portion be encumbered by both roadway and utilities easements so as to preserve access capability for undeveloped property to the south of Suffolk Road including prohibiting the construction of "permanent structures" in the vacated area. All current driveway and utility easements need to be retained. Driveway access involving property to the west needs to be maintained. If existing driveway is not located within easement area, a new easement will need to be provided. Additionally, a roadway easement within this area, in favor of the City of Mound, likely needs to be provided so as to provide access for maintenance purposes (ie. utilities, etc.) Fire Chief Pederson. No concerns or issues. Building Official Menth. No comments. EK -3613- Cl • ISSUES ANALYSIS Comprehensive Plan. Existing Land Use —6,000 SF lots Land Use Plan — Residential Zoning. The subject property is zoned R -2 Single and Two Family Residential Single - family homes are permitted uses in the District. The following table includes the lot area, width and setback requirements for the R -2 District: The lots, as proposed, meet the current R -2 District standards if the adjacent street portion of Suffolk Road, as requested, is vacated. • Adjacent Land Uses — Land Use Plan. The subject property is surrounded by residential use(s). The property south of the subject parcel is undeveloped. ADDITIONAL COMMENTS 1. Subdivision approval does not constitute or guarantee future approval of any building permit(s) or any other necessary approval by any other public agency. 2. No house plans were submitted with the current applications. 3. The City Attorney has commented that the original plat refers to the involved street as "Sussex" while the certificate of survey submitted with the application shows it to be "Suffolk." Members of the Council are advised that the name was officially changed from Sussex Lane to Suffolk Road according to City Code Chapter 21.01 (Appendix E - Street Naming and Renumbering.) 4. The proposal does not follow the original, platted lot lines as the common boundary between Lots 5 and 6 is being shifted. Therefore, the proposal does not qualify for "waiver of platting" review. 5. The lots, as proposed, exceed the 6000 SF minimum lot size and dimension • requirements of the R -2 District. 4 -3614- Lot Area Width Depth Front Setback Side Setback(s Rear Setback R -2 6,000 SF 40 FT 80 FT 20 FT 10 FT 110 FT 15 FT The lots, as proposed, meet the current R -2 District standards if the adjacent street portion of Suffolk Road, as requested, is vacated. • Adjacent Land Uses — Land Use Plan. The subject property is surrounded by residential use(s). The property south of the subject parcel is undeveloped. ADDITIONAL COMMENTS 1. Subdivision approval does not constitute or guarantee future approval of any building permit(s) or any other necessary approval by any other public agency. 2. No house plans were submitted with the current applications. 3. The City Attorney has commented that the original plat refers to the involved street as "Sussex" while the certificate of survey submitted with the application shows it to be "Suffolk." Members of the Council are advised that the name was officially changed from Sussex Lane to Suffolk Road according to City Code Chapter 21.01 (Appendix E - Street Naming and Renumbering.) 4. The proposal does not follow the original, platted lot lines as the common boundary between Lots 5 and 6 is being shifted. Therefore, the proposal does not qualify for "waiver of platting" review. 5. The lots, as proposed, exceed the 6000 SF minimum lot size and dimension • requirements of the R -2 District. 4 -3614- 6. There is municipal sewer and water available to the subject property. • 7. When a city vacates a street, the involved portion of the public right -of -way is split 50 -50, (presumably to the centerline) and is usually free of easements either in favor of the public or owners of other property abutting the street. However, state statute allows that a City may specify the extent to which a proposed vacation affects existing utility easements, including the right to maintain and continue existing utility easements. Hardcover is within the 30 percent allowance for "non lot of record" parcels. 9. The status of the shared driveway which currently serves the property on the west side of proposed Parcel A is unknown but Staff assumes it will be retained per Driveway Easement No. 917246 as shown on the survey. The proposal, as submitted, shows a new "shared" driveway for the new lots associated with the subdivision which is consistent with the recommendation from Hennepin County. Members are advised that it appears the current driveway (or majority thereof) is located in the applicants' property. If the driveway is not located within the area currently covered by the driveway easement, a new easement will likely be required. If not currently provided, appropriate easements for roadway and utility purposes, in favor of the City of Mound, in the subject "driveway area" need to be provided. 10. If the requested vacation is not approved, the proposed lots do not meet the minimum • lot size requirement of 6000 SF. Members are advised that easements do not affect lot size. PLANNING COMMISSION REVIEW AND RECOMMENDATION The applications were reviewed by the Planning Commission at its January 22, 2007 meeting. In general, the vacation was supported as the road is not unlikely to be built due to the topography in the subject area and because the proposed lots meet the zoning ordinance with no variance(s). The neighboring property owner to the south was also present and expressed no objections regarding the proposed subdivision or street vacation. Based on its review, the Planning Commission unanimously voted to recommend City Council approval of the minor subdivision and vacation applications subject to the conditions as recommended by Staff. A copy of the 1/22 Planning Commission meeting minute excerpts has been included. Additionally, a draft resolution based on the Planning Commission's recommendation has also been included. • -3615- • CITY OF MOUND RESOLUTION # 07- A RESOLUTION TO APPROVE A 2 -LOT MINOR SUBDIVISION AND VACATION OF UNIMPROVED PORTION OF SUFFOLK ROAD ADJACENT TO PROPERTY LOCATED AT 4731 WILSHIRE BOULEVARD WHEREAS, the applicant, Vladimir Silriver, has submitted a minor subdivision application to divide the property at 4731 Wilshire Boulevard to create two (2) lots in accordance with City Code Chapter 330.20; and WHEREAS, the applicant has also submitted an application to vacate the north half of Suffolk Road legally described on the attached Exhibit A which is adjacent to the subject property; and • WHEREAS, the subject area of Suffolk Road adjacent to the subject property is currently unimproved; and • WHEREAS, there are no plans to improve the subject area of Suffolk Road; and WHEREAS, when the City vacates a street and/or other right of way, the involved portion of the public right -of -way is split 50 -50 and is attached to the abutting properties; and WHEREAS, the requested vacation application involved the "north half' of unimproved Suffolk Road; and WHEREAS, the City can specify the extent to which a street and/or public right -of -way affects easements including the right to maintain and continue existing utility easements; and WHEREAS, the proposed lots to be created meet the current requirements of the R -2 Zoning District and no variances are being requested; and WHEREAS, the minor subdivision and vacation requests were reviewed by the Planning Commission, at its January 22, 2007 meeting, who unanimously voted to recommend approval of the minor subdivision as the lots meet the current zoning provisions and because there is no public benefit of retaining the involved portion of the subject right -of -way as appropriate easements can be accommodated and/or provided, subject to conditions; and -3616- WHEREAS, pursuant to Minnesota Statutes Section 412.851, the City Council of Mound held a public hearing on the vacation request on March 13, 2007 and provided • proper notice thereof pursuant to state law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve the minor subdivision as submitted subject to the following conditions: 1. The lots shall have non -lot of record status and therefore subject to 10 -FT minimum side setbacks and hardcover not exceeding 30 percent. 2. Structures shall not be built into the required front, side and rear yards. A foundation survey is required if a proposed building is within 5 feet of the required minimum front/side /rear setbacks. 3. The homes shall have at least 840 square feet of area, not including any garage. 4. The Regulatory Flood Protection Elevation (RFPE) for the City of Mound is 933 feet. Floodplain regulations require that the lowest floor of all structures including basements and crawl spaces must be constructed at or above the RFPE. 5. Where pervious pavers are used to meet the hardcover requirement, the installation shall be by a commercial contractor. An as -built survey shall be submitted for all areas where pervious pavers were used to certify that the installation was done according to the submitted plan. This as -built survey shall be signed by a professional engineer. Staff suggests the applicant contact the manufacturer of the pervious paver product to • determine what inspections will be required to provide for "sign -off 'on the as -built survey by the manufacturer. Applicant should be advised that inspection(s) at specific intervals may be required. 6. Locations of water and sewer services for new homes need to be approved by the Mound Public Works Department as part of the building permit process. 7. Drainage shall not be directed to neighboring properties. 8. The installation of new water and sewer service must be completed, following review and acceptance of a contractor's estimate by the Public Works Director, prior to release of the Resolution or some type of financial guarantee provided, such as a cash escrow deposit, to cover the cost of utility service connections times 125 percent (125 %.) 9. The curb, gutter and streets which are disturbed because of construction including but not limited to installation of the water service, sewer service and small utilities, shall be replaced. 10. Payment of sanitary sewer and watermain trunk charges of $2,000.00 each respectively for one (1) lot prior to the release of the Resolution for recording. Total: $4000.00. 11. Payment of sanitary sewer and water connection fees of $240.00 each respectively as part of the building permit. 12. Park dedication fee of $1,100.00 for one (1) lot be paid prior to the release of the Resolution for-recording. C7 -3617- • 13. Payment of any City and /or associated fees incurred as a result review of the minor subdivision application. Applicant is advised that additional escrow, in an amount to be determined by the City, may be required prior to the release of the Resolution(s), depending upon the balance of the account on file with the City. 14. If required, the applicant shall prepare drainage and utility easements. These easements shall include legal descriptions as required by the City Engineer and shall be prepared in a form so as to allow for recording at Hennepin County. The easement(s) shall be subject to review and approval by the City Engineer and shall be submitted prior to the release of the resolution for recording at Hennepin County. The applicant shall allow up to seven (7) business days for the City to review and process the draft documents. 15. No future approval of any development plans and/or building permits is included as part of this land use action in the event the minor subdivision is approved. 16. Applicant shall be required to submit all required information upon submittal of the building permit applications, when appropriate. 17. Applicant shall be responsible for procurement of any and/or all public agency permits including the submittal of all required information prior to building permit issuance. 18. The applicant shall be responsible for recording the resolution(s) with Hennepin County. The applicant is advised that the Resolution(s) will not be released for recording until all conditions have been met. 19. No building permits will be issued until evidence of recording of the Resolution(s) and easement(s) has been provided to the City by the applicant. • 20. No building permits will be issued until any and/or all fees associated with the subdivision and/or land use applications have been paid unless an escrow deposit of sufficient amount is on file with the City. 21. No permanent structures shall be allowed to be placed and/or constructed within the area of Suffolk Road to be vacated due to the dedication of new roadway and utilities easement(s) over the subject area to be provided by the applicant in favor of the City of Mound. 22. The vacation application is approved. 23. The existing driveway easement involving the adjacent property to the west is maintained. In the event the existing driveway is not located within easement area, a new easement will need to be provided by the applicant. Additionally, a roadway easement in favor of the City of Mound also needs to be provided in this area. 24. The appropriate roadway and trail easements are provided to Hennepin County which shall be submitted for review to the City of Mound and/or Hennepin County for review and acceptance prior to release of the resolution and shall be an in an appropriate for form to allow for recording. 25. A shared driveway is constructed in accordance with recommendation from Hennepin County. Appropriate cross easement(s) shall be provided and recorded at Hennepin County • -3618- The City does hereby approve the public street right -of -way vacation request for a portion of Suffolk Road as submitted subject to the following conditions: 1. A roadway and utilities easement over the 15 -foot strip of Suffolk Road to be vacated is to be provided shall be provided by the City of Mound in favor of the City of Mound. 2. No permanent structures shall be allowed to be placed and /or constructed within the area of Suffolk Road to be vacated due to the dedication of roadway and utilities easement(s) by the applicants in favor of the .City of Mound. 3. The appropriate roadway and trail easements are provided to Hennepin County which shall be submitted for review to the City of Mound and/or Hennepin County for review and acceptance prior to release of the resolution and shall be an in an appropriate for form to allow for recording. In approving the minor subdivision request, the City Council makes the following findings: 1. The lots meet the minimum lot requirements of the R -2 District. No variances are being requested. In approving the vacation request, the City Council hereby makes the following findings: 1. The subject area will not be constructed as a public street. 2. Under state statute, the City has the ability to retain both public and private easements, when appropriate. 3. Access for adjacent properties is being accommodated. This vacation request is approved for that portion of the public right -of- way(s) described on the attached Exhibit A. This minor subdivision request is approved for that portion of the public right -of -way described on the attached Exhibit B. -3619- • 0 1 • 0 The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted March 13, 2007 Attest: Bonnie Ritter, City Clerk • • Mark Hanus, Mayor -3620- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION JANUARY 22, 2007 BOARD OF APPEALS CASE 06-43 & 06-44 2 LOT MINOR SUBDIVISION & STREET VACATION 4731 WILSHIRE BOULEVARD APPLICANT: VLADIMIR SILRIVER Applicant proposes to vacate the north half (15 feet) of Suffolk Road and subdivide the referenced property into 2 residential lots. Staff recommends approval of the vacation and subdivision subject to the conditions as outlined in the Planning Report. Skinner indicated that access down Suffolk Road would be maintained for public works purposes. Vladimir Silriver addressed questions of lot width, square footage and driveway location. MOTION by Ayaz, seconded by Burma, to recommend Council approve the minor subdivision and vacation as recommended by staff. MOTION approved unanimously. • is -3621- 334'1 Marw 1w Rhone 5524724000,, PAX W3Z472•-0620 • - - -- — = 'w----- ...__,...u..��o.�.�.a+ ftn,� ef;�adiiC�t�o11' �NI� Q C6mm; case ao Ct7Y cOtPubCil DATE- ■ , tq$j2p05j Page 4 OT 4 -3622- Please type or, print clear) APPLICANT Name �G Address G k Llx Z a-t- Q Phone tMame} G t2 -p �/ / E%6 work 7 6 3 :S' �/ S 2 g UQ (cell) E•Mell Address l N T`0 E Yn 2. C0"n Fax 763 —:S4 `S—," 2 a.p { Adjaaont Addmoo y ! W��sK�. nJeyd. ADJACENT PROPERTY Neme of Business (APPLICANT'S Lour IQs !/2 6fi.. 61oa "K 13 _ PROPERTY) p:D Q PLD# l.g ~ 1( -- 23 - 32- �► /6rf . Subdivision ZONING DISTRICT Circle: R -1' R -1A R•3 EW &2 B. AREA rs CQ �E'q t. S G xcr z . `TO BE:: ort <'P "cam -' ' cehyy1'' VACATED ,REASON `,,,�z t,LC FOR REOUEST.. k� IS THERE A PUBLIC: Lve G3- wa'-c�2' 0/- •. . NEED - FOR THIS LAND? I certify that all of the statements above and statements contained in. any required papers or plans to be submitted herewith are true and accurate. i. acknowledge that 1 have read all of the . information provided and that 1 am responsible for all costs incurred by the Gity rotated to the processing of this application. 1rL.A0I.Fit1 P- G,NR•d'VLP— V9W 5 cy�,c'�� -Y Print.Applicant's Name Applicant's Signature Date Print Applicant's Name Applicant's Signature Date Vacation Information (10/312006) Page 4 of 6 0 -3623- • • • 6480 Wayzata Boulevard, Minneapolis, MIST 55426 -1710 mft Phone; (763) 545 - 2800.. &mail: info edsmri:ccArt Fax: ( ERS, 763) 5452801: web. Site: httg: / /edsimn.com r zN RZr I ES1� ' : URI ERIN 6480 Wayzata Boulevard, Minneapolis, MN 55426 -1710 XA FeRS Phone: (763) 545 -2800 E -mail: info(&edsmn.com Fax: (763) 545 -2801 Web Site: httt - fledsmn 1com December 30, 2006 Sarah Smith Community Development Director 5341 Maywood Road Mound, MN .55364 RE: Property at: 4731 Wilshire Blvd,` Mound MN, 55364 I Dear Ms Smith: This letter is in response to the letters dated November 14 and December 28 requesting to provide justification for vacation of undeveloped portion of Suffolk Rd: , Please note that all properties adjacent to the undeveloped portion of the `Suffolk 'Rd. have already established excess either from Wilshire Blvd. or Bedford Rd. <( Please see .attached exhibit 1, Aerial.) The future constructing of the Suffolk Rd. will only create hardship to the already developed adjacent properties. In addition, the future reconstruction of Wilshire Blvd.", will require to acquire addition 7 foot right away, which will unreasonably decrease the. lot depth for properties north of Suffolk Rd., (from 118 to 111 feet). In order to qualify for lot split, A would require at least 109 feet • frontage for the two combined newly developed lots. If the Hennepin County wishes to have a dedication of additional 7 foot right away ft is suggested that the vacation of half of the Suffolk Rd: ' will serve as compensation to those owners or the county would agree on the 7 foot permanent easement. Referring to exhibit 1, there is only one undeveloped lot south of already do' veloped portion -of Suffolk Rd., (PID :19- 117 -23 -32 -0158, 85 ADDRESS UNASSIGNED), therefore this lot . will not benefit from further development of Suffolk. Rd. If the lot is deveioped,'the only possible excess would be from Essex or Bedford Rd,. but not from the Suffolk -Rd. Therefore the future vacation of the portion of the Suffolk Rd: will only protect and benefit all adjacent properties. If you have any further questions please feel free to give me a call at.763- 545 -2800 Thank you so much, Sincerely, V -el S.,e L) _Ate., v C-2. Vladimir Sivriver, RLS, PE Principal of EDS, Inc. • ENGINEERING WITH HIGH INTEGRITY,. OUTSTANDING QUALITY AND AFFORDABILITY -3625- LtJ LL U. 0 I�1 �d LL W U d 0 Y d Z J Ld Y �o N d G O x O O N N 0 O w L U N1 N O 10 +L+ 0 N ; 0 N O c � � V C •0 � V � c o 0 �T O o c J } J c 0 3 O c w N L N = N -Y U O O y N m 0 L N U N L0 C6 °> 0) O Q) p o a I �6 (A1N000 NId3NN3H NI 30tl003tl ION) S3SOdtlnd 1.VMOVO8 38lllOd d NOLLVOI030' NO 1N3KISV3 1N3NVNN •L 03SOdONd 3 (A1NN00 NId3NN3H NI�03021003ti ION) 1N3N35V 1N3NVVI0d ,St i O N "0 J w O O 0 y U °w' o L C N to O � 0) r� c 0, c c L O O r o p U w Q .c x O c to 3 O M C> -W J (n N -0 y 0 O L N U 0 O U 0 - m >> a. 0 c o v v N c O O U c C E w o m v •- r ° E O c O O 0 c ° '. 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T m o v v U c C > •- r ° E O E J O o y 1 C T N to N 0t c c � p O p � O 0 a c o N rn ° y E E W E N O W N M > u7 U "O N m O a O N U n o v N c N 0 N N O* 1 5 z. 0 . I yy O O O �� E m Lo Z ® o c a _ o N d a a ca Z d, 00 0) _ O O It O T > _ _ N o a L O O A O o m f to N 0t c c p O 15 Z. ii , -': a c o o W E N O W N M > b N+P :: : U "O N m O O 0) O I O N M �. : N c N O* to . I yy o c a _ o N a ca d, 00 0) _ O O It O O V1 t0 8. 3 OW 0V) O ., o w O a C5 x z o (n O O N W Q x a o C: p O 3 v d 0 tto to N .L- N 3 0 U U N J J Ld Z N 0 O w 0 Q? m O N v > 4 a 3 r c H O T 0_ v > T ° x U rrll ! o 3: 0 a o v I ° r J o ` a o o w m I F O O N W (n J S m (4 ee) I I I In o i OZ��o Naaif I _ i °• �(, 0. 1 1N4.09 By no S+ZZWON '000 Od S3SOdHOd AVM3AINO NOd 1N3N3SV3 .01 0 -3626- a a i _ z w a o � 5L Q Qi N0 W 0 I� U) rrcctr�rc t nuu���: -f.5 l W�' 13 h 1'r - e 61 it c e OWNER'S NAME: koyma � LOT AREA _. SQ. FT. X Mq = (for ali lots) ................ ,............... ........ 2 Z fi 6 SLOT AREA S i" T. x d:0° � (for Lots of ecord) Q: to R ... ......... ... .. "R Zdsting Lots of Racprd nmay have 40 percent coverage pmvkW .thikt techniques are utilized; as outlined in Zoning Ordinance section 35o:im, subd, 6.81 (me beck), A plan must be subrn(tted and approved by the Building Official. LENGTH WIDTH SQ ET HOUSE 6 35 x 25, 7i x — TOTAL HOUSE ....... ....... :.......... DETACHED BUILDINGS X — (GARAGE/SHED ) ', X TOTAL DETACHED BUILDINGS-- Q ` DRIVEWAY, PARKING _ X - AREAS, SIDEWALKS, - ETC. ^ X X TOTAL _DRIV1=111/AY, E {'C ........:..... DECKS open decks (vr min.' X Opening between board;,) with a. peMous surface undw are rsdk ; . w X — counted as hardcover. TOTAL DECK ... ........ .....::...._:.:. X TOTAL OTHER ----- -..... :..........:.........:.: 101 TOTAL HARDCOVER I IMPERVIOUS SURFACE .. ..............................: ......:.......... UNDER /OVER (indicate differanea) ;...... ............................... ............................... L992, 1® PREPARED BY DATE • Reviwd 100104 -3627- QIIVNEK'� IV,�tMi�.:n LC3T AREA al lots SQ. -FT. X.30°!0 - (f4r ! ) -- ---- -- i OT ARFA SO,. FT. X 400% =, .(far Lo#s of ke00 rd) R osifng Lots of Reoorti may'heve Pen�rri caved provkW that techniques are uttiirsd, as outlined In Zociitrg Ordrr~ana2 SectioA 35Q.1225 Srlbti. . ,5.13.9 (sae back}. ft plan must be submWod and approved by the Bc1i{tlitlg flfficirii. LEN GTFI Vtt#OTH SQ FT ; HOUSE wo o i�ra, TOTAL HOUSE.., ...... ........:. ........ ....... ....: C}ETAGHED E3UiLD(NS . ... .X (GARAGE/$HEt� X. y TOTAL DETACHED BUiLbSNGS_ • -� DRIVEWAY, PARKJNG X .. AREAS, SIDEWALKS, _ ETC. X `7 S �•:7 TOTAL DRIVEWAY, ETC ...... ... DECKS Open decks (1/+4' min. X - Opening between •board.) with e pervious surface under gins rtof — counted as hardcmcer. X _ TOTAL.DECK : ................. . ..................... -__- __-- X _ ?C ........... ... . TOTAL OTHER ........ .................................. t IMPERVIOUS SURFACE.... ................ TOTAL HARDCOVER ...................... UNDER / OVER (indicate difforenco) ...................................... ............................... OPARED BY DATE Revised 100/04 -3628- t{ NCO ✓, ; z V 7 S' I in .i D � 01 IM j �. fi1fJ d � ifrL C44 ITl 1i ._ rAy. y41 R. t{ NCO ✓, ; z V 7 S' I in .i D � H AV IM y &. C44 ITl 1i ._ rAy. y41 t 4�4fr a� ��.. 1' �. ll k, s ( t � tt �1 H AV Page 1 of 1 Hennepin County Oblique Aerials Page 1 of 1 http:// wwwl3 .co.hennepin.mn.us/HCPropertyl- 3631- lseye.aspx ?PID= 1911723320161 3/8/2007 • • •ll&G/t1n - Cc: Plat Review Committee —Byers / Drager / Holtz / Johnson / Lemke / Lindgren / Wiebe / Zetterstrom Mark Larsen, Hennepin County Surveyor's Office An Equal Opportunity Employer -3632- Recycled Paper 412.85 1, Mirmesota'Statutes 2006 - Page l of 2 Legislature Home i Links to the Wort House .I Senate I Joint Departments and Commissions' Bill Search and •Status i statutes, Laws, and Rules Minnesota, Statutes Table .of Chapters Chapter 412 Table of Contents' 412.851; Minnesota Statutes 2006 Copyright © 2006 by the Office of Revisor, of Statutes,.State of Minnesota: 412.851 VACATION OESTREETS. The council may by resolution vacate any street, alley; public grounds. public way, or:any part thereof, on its own motion or on petition of a majority of the owners of land abutting on:.the street alley, public :grounds, public way, or part thereof to be Vacated. When there has been no petition, the resolution may be adopted only by a vote of four - fifths of allmembers of the council. No vacation shall be made unless it appears in the interest of the public `to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of" the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before ;the hearing. The notice. must contain, at minimum, a copy of the petition or proposed resolution as well as the time, lace, and-' nd date of the; hearing. In addition, if the street, alley,;public _. grounds, public way, or any part thereof terminates at, abuts upon; or is adjacent to any public - water, writtenn6t1ce of the - petition or proposed resolution'must be served by certified mail upon, the commissioner of natural resources at least 60 days before the hearing on the matter; T'he - notice to the commissioner of natural-resources, does not create aright of intervention by the commissioner. At lead! days prior to convening the hearing required under this section, .the' . council or its designee must`consuIt with the commissioner of natural resources .to review proposed vacation,. The commissioner must evaluate: (1) the proposed; vacation and the public- benefits to do so; . (2) the present and potential use of the land for access to public waters; and. (3) how -the vacation would impact conservation of natural resources. The commissioner must advise the -city council or' 'ts designee accordingly upon the evaluation. After a resolution of vacation is adopted; the clerk shall prepare a notice of completion of the roceedin s which shall contain the name of the c proceedings city, an 'identification of the vacation; a statement of the time of completion thereof and a description ofahe real estate and lands affected thereby: The notice shall be presented to the county auditor who shall enter the,same in. the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county. recorder. Any failure to file the notice: shallnot invalidate any vacation proceedings: History: 1949 c 119s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15 1969 c 9 s 85; 1973 "c 123 art 2 s 1 subd 2; 1973 . c 494 s 11; 1976c 181 s 2; 1986 c 444; 1989 c 183 s 4; . 1990c433s2 ;2005c4s105; 2005c117s2 Please direct all comments concerning issues or legislation to your House Member or State Senator. • For Legislative Staff or for directions to the Capitol, visit the Contact Us page. http : / /www. revisor .leg.state.mn.us /bin/getpub -P - 3633 - 'pe= STAT_CHAP_SEC &year —cu... 1/17/2007 Property Information Search by Street Address Result page. p Page 1 oly H� • Proper y nf©ramatil o °Search' F "- The Hennepin County Property Tax =web data daily (1�Ignday - Friday) a #:approximately 9; No #e: Taxes 'Payab/e.2007 (2006, Values} wi . Search By on this web: sl #e approximately 03 Parcel ,Daata for Taxes .Payable Click here for inforrnatia►n on` your p!x©PUSEP 2007 PROP MUNI Click Here. the' 006 State` C0 - to be used when riling fora .. Print .`. Property ID•., 19 II7- 32- 01fi'1 HOUSE or BUILDING -,Address: 4731 VIIIL�aHIRE BLVD MOUND. Municipality:, 277 Consfirc . 4731 School Dist: ° APP rox. 1 STREET NAME: (at least first 3 . - Sewer. Dist• "Name: ELENAt KOVA L & ROMAN ZHUK ' ct charaers) _ - _ - -- Blvd Owner ,ELENA i{OVAL & ROMAN ZHUK Wilshire i Taxpayer Name 473 WILSHIRE BLVD UNIT'* (if applicable) & Address: MOUND MN X5364 CaeaY. -: Most Current SaieS Informa 20 records per page Sales ;prices are reported as i�sted on the Gert�cate of Real Estate Value armsm, engti transactions Sale:Date: , ` September., 2006 ., Sate :Price: $13,Sipo Transaction Type: Tax Parcel t�escrption Addition Name: - WYCHWOO© a `'Lot Block 015 , Metes .& Bounds: LOTS 5:6 AND THEE 1/2 OF LOT 7 ,Abstract or Torrens: TORRENS Value and Tax `Summary for Taxes P Values °Estabiished by Assessor as of I Estimated Market Value: $168,000 Limited Market Value: $168,000 • Taxable Market Value: $164,300 Amount: Total Improvement ep p t � 3634- . 1/17.I20Q7 rnn.us/ ins /addrresul� _ http: / /WWW2:co.henn in.;. Property Information Search by Street Address Result page Page Z of 2 Total Net Tax: $1,599.20 Total Special Assessments: Solid Waste Fee: $26.04 Total Tax: $1,625.24 • Property Information Detail for Taxes Values Established by Assessor. as of 1, Values: Land Markel $45,000 Building Market $123,000 Machinery Market. - Total Markets $168,000 Land limited $45,000 Building Limited $123,000 Total Limited: $168;000 Qualifying Improvements $3,700 Classifications: Property Type RESIDENTIAL" Homestead Status. HOMESTEAD Relative `Homestead Agricultural Exempt Status 5869608, • Hennepin County is providing this information as a public service. Tax related questions: taxi .nfo0co.hennepin.mn.0 Need help locating a property on our site? Check out our Search Tips Home I Your County Government I Licenses, Certificates, &'Regi tration. I Emi)l( Social Services I Law, Public Safety, & Courts. I Environment,` Proprty, & Transl Copyright © 2006 Hennepin County, Minnesota I .www.Henne.pin.us Accessibility Policy I Contact Hennepin County I Security /Privacy Statement httpl / /wWW2.co.hermepin.mn.us /pins /addrresu.lt Y - 3635 - 1/17/2007 EXTRACT OF MINUTES OF A MEETING OF THE • CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA HELD: MARCH 13, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on March 13, 2007, at 7:30 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $2,725,000 General Obligation Improvement Bonds, Series 2007A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 06 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,725,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND • LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $2,725,000 General Obligation Improvement Bonds, Series 2007A (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements for the 2007 Street Reconstruction Project (the "Improvements "); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers at 11:00 A.M. this same day • pursuant to the Terms of Proposal established for the Bonds; and -3636- E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided; and • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated April 5, 2007, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount • 2009 $ 2017 $ 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry nly System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the 'Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the • form of a separate single fully registered Bond for each maturity of the Bonds; -3637- and for purposes of complying with this requirement under paragraphs 5 and 10 • Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds • (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions • -3638- in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. • (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository • shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City is -3639- and discharging its responsibilities with respect thereto under applicable law. The • City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. • (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2009 % 2017 % 2010 2018 • 2011 2019 -3640- 2012 2020 2013 2021 • 2014 2022 2015 2023 2016 5. Redemption. All Bonds maturing on February 1, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2015 and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as • many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. • -3641- 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate • of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: • -3642- UNITED STATES OF AMERICA • STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2007A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP _% FEBRUARY 1, APRIL 5, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, at the rate per annum • specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the 'Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made • -3643- as provided in Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds ") maturing on February 1, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment; if redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to • the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $2,725,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 13, 2007 (the "Resolution "), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2007A Fund of the Issuer. This Bond . constitutes a general obligation of the Issuer, and to provide moneys for the prompt and -3644- full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby • irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum • sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Refzistered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax- Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding 0 -3645- on the date of original issue hereof and the date of its issuance and delivery to the original • purchaser, does not exceed any constitutional or statutory limitation of indebtedness. I* • -3646- IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile • signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES BOND REGISTRAR'S CORPORATION CERTIFICATE OF AUTHENTICATION This Bond is one of the CITY OF MOUND, HENNEPIN COUNTY, Bonds described in the MINNESOTA Resolution mentioned Within. Bond Trust Services Corporation /s/ Facsimile Roseville, Minnesota, Mayor Bond Registrar By /s/ Facsimile Authorized Signature City Manager • • -3647- • • 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 - under the (Cust) (State) as custodian for (Minor) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: • (Include information for all joint owners if the Bond is held by joint account.) PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: • AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER L • MD -0011 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the • request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either the officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have • been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is April 5, 2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. • -3650- At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and • stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. is Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. -3651- 13. Treatment of Registered Owner. The City and Bond Registrar may treat • the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery, of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2007A Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, and less capitalized • interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 2007), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the City Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and • pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of -3652- special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted • above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before August 1, 2007; (v) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (vi) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vii) all investment earnings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of 5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any • sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Assessments. It is hereby determined that no less than 20% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such • assessment be at any time held invalid with respect to any lot, piece or parcel of land due -3653- to any error, defect, or irregularity in any action or proceedings taken or to be taken by • the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified below: Levy Collection Improvement Designation Amount Years Years Rate 2007 Street Reconstruction Project $ % At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment of the • principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 1, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may • nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the -3654- payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption • on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. lei (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. • -3655- (c) The "reimbursement allocation" described in the Reimbursement • Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal • securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City • authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the MC :'1-V City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the • Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the Director of Property Tax and Public Records of Hennepin County, together with such other information as the Director shall require, and there shall be obtained from the Director a certificate that the Bonds have been entered in the Bond Register and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts • relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax - Exempt Status of the Bonds; Rebate; Elections. 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 (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty -four (24) month exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. • -3657- 26. Designation of Qualified Tax - Exempt Obligations. In order to qualify the • Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2007 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements • which may apply in order to effectuate the designation made by this paragraph. • 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: -3658- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and the sale of $2,725,000 General Obligation Improvement Bonds, Series 2007A. WITNESS my hand on March _, 2007. • Clerk • • -3659- • EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA HELD: MARCH 13, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on March 13, 2007, at 7:30 P.M., for the purpose in part, of considering proposals and awarding the sale of $2,355,000 General Obligation Utility Revenue Bonds, Series 2007B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 06- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,355,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2007B AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES • A. WHEREAS, the City of Mound, Minnesota (the "City "), owns and operates a municipal water utility system (the "Water System "), a municipal sewer utility system (the "Sewer System "), and a municipal storm sewer utility system (the "Storm Sewer System" and, together with the Water System and the Sewer System, the "System "), as separate revenue producing public utilities and there are outstanding (i) $1,585,000 original principal amount of General Obligation Bonds, Series 2001A, dated July 11, 2001, $760,000 original principal amount of which is payable from the net revenues of the Storm Sewer System (the "2001 Storm Sewer Bonds ") and $570,000 original principal amount of which is payable from the net revenues of the Water System (the "2001 Water Bonds ") and (ii) $1,355,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated July 1, 2003 (the "2003 Bonds "), which are payable from the net revenues of the Water System and Sewer System and (iii) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the "200413 Bonds "), which are payable from the net revenues of the System and (iv) $3,325,000 original principal amount of General Obligation Water Revenue Bonds, Series 2005B, dated April 19, 2005 (the "2005B Bonds "), which are payable from the net revenues of the Water System and (v) $1,240,000 original principal amount of General Obligation Utility Revenue Bonds, Series 2006B, dated April 11, 2006 (the "2006B Bonds "), which are payable from the net revenues of the System (together, the "Outstanding Bonds "); and B. WHEREAS, the City Council has heretofore determined that it is necessary and • expedient to issue $2,355,000 General Obligation Utility Revenue Bonds, Series 2007B (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes Chapter 475 and Section 1999717v1 -3660- 444.075, to finance various improvements to the System, which improvements include the reconstruction of water, sanitary sewer and storm sewer trunk lines and related appurtenances (the "Project "); and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Clerk, or designee, at the offices of Ehlers, at 11:00 A.M., this same day pursuant to the Terms of Proposal established for the Bonds; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated April 5, 2007, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount 2009 $ 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year Amount 2019 $ 2020 2021 2022 2023 2024 2025 2026 2027 2028 1999717v1 2 -3661- r� LJ • 0 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 6 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as 199971.7v1 -3662- 1999717v1 paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. 0 -3663- 0 (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. 40 (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. • (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose, Cost. The Bonds shall provide funds to finance the Project in the City. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: 1999717v1 5 -3664- Maturity Year Interest Rate Maturity Year Interest Rate 2009 % 2019 % 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 5. Redemption. All Bonds maturing on February 1, 2018 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first and the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Is To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the 'Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all 1999717v1 -3665- • • pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 13. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1999717v1 7 -3666- UNITED STATES OF AMERICA STATE OF MINNESOTA 10 HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2007B INTEREST MATURITY DATE OF CUSIP RATE DATE ORIGINAL ISSUE % FEBRUARY 1, 20_ APRIL 5, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this 1999717v1 -3667- • Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may 10 only be registered in the name of the Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds ") maturing on February 1, 2018 and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment; if redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption, Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance• Purpose• General Obligation. This Bond is one of an issue in the total principal amount of $2,355,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 13, 2007 (the "Resolution "), for the purpose of providing money to finance various water, sewer and storm sewer improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Utility Revenue Bonds, Series 2007B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are 0 hereby irrevocably pledged. 1999717v1 9 Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully 10 registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as i herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water system, municipal sewer system and municipal storm sewer system (together, the "System ") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the 1999717v1 10 -3669- principal and interest on the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CORPORATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. Bond Trust Services Corporation is Roseville, Minnesota, Bond Registrar • Authorized Signature 1999717v1 Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager 11 -3670- 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 Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.)) 1999717v1 12 MD-Yi! C: • PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 1999717v1 13 -3672- 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on 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 is 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 April 5, 2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration, Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 1999717v 1 14 -3673- • any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment, Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1999717vl 15 -3674- 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated the "General Obligation Utility Revenue Bonds, Series 2007B Fund" (the "Fund "), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Accounts heretofore established by the City for the Water System, Sewer System and the Storm Sewer System shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Accounts shall constitute or are referred to as "net revenues" until the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Finance Director of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, capitalized interest and any unused discount. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Any balance remaining in the fund after completion of the costs shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) any amount paid for the Bonds in excess of the minimum bid; (iv) any collections of all taxes which may hereafter be levied in the event the net revenues and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (v) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. 1999717vl 16 -3675- r 1 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. 17. Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that (i) the net revenues of the System are sufficient in amount to pay when due the principal of interest on the Bonds and a sum at least five percent in excess thereof; (ii) the net revenues of the Water System and the Sewer System are sufficient to pay the 2003 Bonds and a sum at least five percent in excess thereof; (iii) the net revenues of the Storm Sewer System are sufficient to pay the 2001 Storm Sewer Bonds and a sum at least five percent in excess thereof; (iv) the net revenues of the Water System are sufficient to pay the 2001 Water Bonds and a sum at least five percent in excess thereof; (v) the net revenues of the Water System are sufficient to pay the Water System portion of the 2004B Bonds; (vi) the net revenues of the Sewer System are sufficient to pay the Sewer System Portion of the 2004B Bonds and a sum at least five percent in excess thereof; (vii) the net revenues of the Storm Sewer System are sufficient to pay the Storm Sewer System portion of the 2004B Bonds and a sum at least five percent in excess thereof; (viii) the net revenues of the Water System are sufficient to pay the 2005B Bonds and a sum at least five percent in excess thereof; and (ix) the net revenues of the System are sufficient to pay the 2006B Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds for the payment of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues of the System may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 1999717v1 17 -3676- 18. Covenant to Maintain Rates and Charles. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations ". 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid.when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such 1999717v1 18 -3677- Declaration shall necessarily have been made with respect to: (i) preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of 18 months after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service, but not more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that • such action will not impair the tax- exempt status of the Bonds. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be 1999717v1 19 -3678- enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Manager of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 23. Certificate of Registration. A certified copy of this resolution is hereby directed • to be filed with the Director of Property Tax and Public Records of Hennepin County, Minnesota, together with such other information as the Director shall require, and there shall be obtained from the Director a certificate that the Bonds have been entered in the Bond Register. 24. 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. 25. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax - Exempt Status of the Bonds; Rebate; Elections. 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 (i) requirements relating to temporary periods for investments, (ii) limitations on amounts 1999717v1 20 -3679- • invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty -four (24) month exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2007 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2007 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. 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 29. 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. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof. 1999717v1 21 •i� and the following voted against the same: 0 Whereupon the resolution was declared duly passed and adopted. 0 • 1999717v1 22 -3681- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and the sale of $2,355,000 General Obligation Utility Revenue Bonds, Series 2007B. WITNESS my hand on March _, 2007. Clerk 1999717v1 23 -3682- EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA HELD: March 13, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on March 13, 2007, at 7:30 P.M., for the purpose, in part, of considering proposals and awarding the sale of $180,000 General Obligation Equipment Certificates, Series 2007C. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION NO. 06- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $180,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007C, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Mound, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $180,000 General Obligation Equipment Certificates, Series 2007C (the "Certificates" or individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various items of capital equipment for the City (the "Equipment ") and each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one - quarter of one percent (0.25 %) of the market value of the taxable property in the City ($ times 0.25% is $ ); and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the offices of Ehlers, at 11:00 A.M., this same day pursuant to the Terms of Proposal established for the Certificates; and -3683- • • • E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Certificates, in accordance with the Terms of Proposal established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Certificates are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. (a) Original Issue Date; Denominations. Term Bond Option. The Certificates shall be dated April 5, 2007, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on the February 1 in the years and amounts as follows: 0 Year Amount 2008 $ 2009 2010 2011 2012 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action taken by the Depository as the Register Holder of any Certificates (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. -3685- (vi) So long as any Certificate is registered in the name of a Nominee, • all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Certificate issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as • the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in • the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota • Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity dates as follows: Maturity Year Interest Rate 2008 % 2009 2010 2011 2012 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Registrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar "), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. -3687- The Registrar shall also serve as paying agent unless and until a successor paying agent is • duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: • C UNITED STATES OF AMERICA STATE OF MINNESOTA • HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007C INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % FEBRUARY 1, APRIL 5, 2007 20_ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2007, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of Bond Trust Services Corporation, in Roseville, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. No Redemption. The Certificates of this issue (the "Certificates ") are not subject to redemption and prepayment prior to their stated maturity dates. issuance, General Obligation. This Certificate is one of an issue in the total principal amount of $180,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 13, 2007 (the "Resolution "), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2007C Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations, Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the • manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be -3690- overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. • Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. Qualified Tax - Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Mound, Hennepin County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: BOND TRUST SERVICES CORPORATION REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. Bond Trust Services Corporation Roseville, Minnesota Registrar Authorized Signature Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager -3691- ABBREVIATIONS • The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the Uniform (Cust) (Minor) Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint • account.) -3692- 8. Execution, Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City • by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and City Manager. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is April 5, 2007. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that • -3693- no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The City Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder ") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special isRecord Date ") fixed by the Registrar whenever money becomes available for payment of -3694- the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 9 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2007C Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the • proceeds of the sale of the Certificates, less accrued interest received thereon, and less any amount paid for the Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid; (iii) all taxes herein and hereafter levied for the payment of the Certificates; (iv) all funds remaining in the Capital Account after the payment of all costs of the Equipment; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. • -3695- No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 18. Tax Levy. Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the • years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 19. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, -3696- 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. 20. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); • and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure • -3697- and, if made within 30 days after the Certificates are issued, shall be treated as made on • the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax- exempt status of the Certificates. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) to provide or cause to be provided, (i) (a) upon request to any person, or (b) upon establishment of a state information depository ( "SID "), to the SID, its audited financial statements for the most recent fiscal year, and (ii) to each nationally recognized municipal securities information repository or to the Municipal Securities Rulemaking Board and the SID, if any, notice of the occurrence of certain material events with respect to the Certificates in accordance with the Undertaking; and (b) its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and shall • be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Manager, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Certificates, and (iii) acceptable to the Officers. 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the Director of Property Tax and Public Records of Hennepin County, together with such other information as the Director shall require and there shall be obtained from the Director a certificate that the Certificates have been entered in the Bond Register and that the tax levy required by law has been made. • 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein: 25. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax - Exempt Status of the Certificates; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on is the Certificates, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption for gross proceeds of the Certificates as provided in Section 1.148- 7(d)(1) of the Regulations. The Mayor, the Manager or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Certificates as they deem necessary, appropriate or desirable in connection with the Certificates, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Certificates as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity -3699- bonds) which will be issued by the City (and all entities treated as one issuer with the • City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2007 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2007 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. 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial. advisor, Ehlers. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions hereof. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. • The motion for the adoption of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. -3700- STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting Clerk of the City of Mound, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of $180,000 General Obligation Equipment Certificates, Series 2007C. WITNESS my hand on March , 2007. Clerk -3701- • • �J • ARCHITICTURA[ ALLIANCE Response to Request for Proposals for City of Mound Department of Parks and Public Works Architectural Services for Concept Plan Development and Public Process for Proposed Maintenance Facility February 15, 2007 Architectural Alliance 400 Clifton Avenue South Minneapolis, MN 55403 Contact: Ken Sheehan, AIA Direct Dial (612) 874 -4189 -3702- February 15, 2007 Kandis Hanson, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 ARCHITECTURAL ALLIANCE 400 CLIFTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55403 -3299 TELEPHONE (612) 871 -5703 Re: Concept Plan Development & Public Process for City of Mound Proposed Maintentance Facility Dear Ms. Hanson: FAX (612) 871.7212 While recently discussing your future project with Carlton Moore, it became clear that the City of Mound will benefit from an architectural team that is proficient in managing public processes and working closely with decision makers within the City to build concensus at each step in the process. Architectural Alliance is very pleased to express our interest and submit our qualifications to you for this exciting and chal- lenging project. We believe your project needs a team that: - Can work well with the City Council, Mayor, and the Department of Parks and Public Works by listening to your concerns and proposing practical, cost - effective solutions. Has experience and a defined process to manage public input and build consensus. Has a track record for planning & design of award - winning public works facilities within budget and on schedule. Is committed to delivering excellent professional services to the City of Mound Architectural Alliance offers the best suited team for this project. We have included detailed information on four significant, relevant, recent, successful, and award winning public works projects: Carver County Public Works Facility Minneapolis Public Works Currie Facility Minneapolis Public Works Royalston Facility Hennepin County Public Works Facility We look forward to presenting our team and approach to you in person. Sincerely, ��� Ken Sheehan, AIA Principal -3703- 0 • • I* I* tab le of contents 3 COMPANY HISTORY 4 PROJECT UNDERSTANDING & APPROACH 7 ANTICIPATED TIME FRAME 8 SIMILAR WORK 15 REFERENCES 16 RESUMES 18 UNIQUE QUALIFICATIONS 19 DESIGN AWARDS 21 FEE Minneapolis Public Works - Royalston Facility Architectural Services for the City of Mound Department of Parks and Public Works 2 -3704- Architectural Alliance Minneapolis, Minnesota Since our founding, Architectural Alliance has occupied the historic Bovey Mansion on Clifton Avenue in Minneapolis. Built in t916, the mansion has been restored to retain its historic character. In 19go, the firm designed an addition that complements the original structure. company history Architectural Alliance, founded in 1970, is a Minneapolis- based, multidisciplinary firm of 7o architects, planners, interior designers, and support staff providing planning, architectural, and interior design. The firm has received national and regional recognition and design awards, including the AIA Minnesota Firm Award. Architectural Alliance has become successful through team building as an approach to design and encourages strong partnering relationships between employees, clients, contractors, and consultants. The firm has a strong base of work for a wide range of clients including: public works officials, governments, corporations, retailers, and airports. Some public projects include Hennepin County Public Works Facility, Guthrie on the River, Minneapolis Public Library, Cargill Building for Microbial and Plant Genomics, Carver County Public Works Facility, University Enterprise Laboratories (UEL), Texas Culinary Academy, Minnesota Children's Museum, and RiverCentre Connection. As the firm name indicates, Architectural Alliance allies with the best and most appropriate engineering and specialized consultants for each project. Our architectural and interior design staff work closely with our consultants to create and produce quality projects in both renovated and new construction. Architectural Alliance is proud to consistently provide a personalized and highly professional service. We have developed long standing relationships with clients and consultants that are based on mutual trust and respect. These relationships have produced designs that are creative and functional and respond to their physical, cultural and environmental context. Principals: Bruce Albinson Carey Brendalen Sharry Cooper Tom DeAngelo Cliff Dunham Cindy Ellsworth Mamie Harvey Tom Hysell Dennis LaFronce Ellen Olson Eric Peterson Ken Sheehan Stuart Stephens David Thorpe Peter Vesterholt Architectural Services for the City of Mound Department of Parks and Public Works 3 -3705- e *I r� • • Our fundamental project approach is to work very closely with the City of Mound and the Department of Parks and Public Works staff so we can deliver a product that meets their needs project understanding & approach Project Understanding The City of Mound intends to hire an architect to develop concept plans for the Public Works and Park Department facilities and to lead a public input process to inform the community of the space needs. After the Public Input phase is concluded and the City Council and Mayor have approved the plans to move forward, the City intends to continue into the Design phase of the project. (The Design phase is not part of this proposal). Proiect Approach We will validate and incorporate the findings of the Space Needs Study for the existing facilities and sites. We will develop several options including, but not limited to: new construction, adding onto and reusing existing facilities, and /or adaptive re -use of an existing facility within the community. Pros and cons for each option will be reviewed with the City and preliminary cost estimates will be provided. Once a preferred scheme is selected, we will engage the community in a series of public meetings to inform them of the space needs of the Parks and Public Works Department and to solicit comment and input on the preferred plan. At the conclusion of the public process we will present a report to the City Council summarizing the outcome of the public process and the evolution of plans, costs, and recommendations. Information Gathering and Validation of Space Needs Assessment: Architectural Alliance has developed expertise in planning and strategic analysis through years of working on similar projects for many public and corporate clients. Our expertise will allow us to analyze the existing Space Needs Analysis and ask the "right" questions to ensure that the Analysis is consistent with your goals and needs. Over the course of several meetings with City staff, we will gain a thorough understanding of how the City departments operate. Our objective is to really get to know your City and operations. We will explore issues of Mound's history, your projections for growth /stability, your culture, and your vision for how to best provide services to the citizens of Mound. We will customize our approach based on who you are and how you operate. Architectural Services for the City of Mound Department of Parks and Public Works q -3706- project understanding, & approach Exploration of Options: With input from the City, we will undertake a rigorous process to explore a variety of site and building solutions to provide three or more alternatives that will allow the City to clearly understand the options available. Each option will have pros and cons identified, as well as pricing and schedule information. We anticipate that several work sessions with the City Council and Mayor, and department staff will occur during this phase. Our preference is to keep the decision makers informed along each step of the development to minimize surprises and promote a cohesive outcome. At the end of this process a presentation will be made to the City Council and Mayor, with the goal of selecting a preferred option to bring forward into the next phase, the Public Input process. Public Input Process: We believe that the Public Input Process is a critical part of the design and consensus building phase of the project. Architectural Alliance has • years of experience leading this process for our clients and will bring our expertise to your project. In these meetings citizens will have an opportunity to express their opinions and concerns about the project, and we will convey the City's operational needs and goals for the project. We will document their comments and report back to the City Council and Mayor. It is likely that many of the comments gathered will have a direct impact on the ultimate design of your facility. We propose a process as follows: Prior to Public Process: Obtain approval of the Public Process Plan Obtain approval of the concept plans, site selection, funding, approval, etc. Architectural Services for the City of Mound Department of Parks and Public Works 5 -3707- • 0 • is project understanding 9 approach Advertising and Communication: City to promote the public meetings and project in local newspapers and media with advertising and articles — Architectural Alliance to provide images and supporting material as required. City to provide information on City website with meeting schedule and project information - Architectural Alliance to provide images and supporting material as required. Information brochures to be available at meetings and City offices. Architectural Alliance and City to create brochures and provide images and supporting material as required. Meetings: We recommend that two meetings be held at each existing facility and near the new proposed site. The meeting schedule can be concurrent for the different sites, with the second meetings preferably one week after the first. Additional meetings may be necessary to follow -up on open issues — 6 -8 meetings are assumed in our fee. At these meetings, we will provide a clear agenda with stated goals and effective communication tools such as drawings, photos, maps, etc. z meetings /open houses at the Park Department facility at Manchester Road (future plans for site will need to be presented) z meetings /open houses at the Public Works Facility on Lynwood Boulevard (future plans for site will need to be presented) 2 meetings near proposed site (focus of these meetings will be primarily on new facility) It may be desirable to hold any follow -up meetings at City Hall to allow participants from all sites to participate in a more common location. We have found that meetings to gather public input are most effective when appropriate representatives from the City and Design Team are present to address questions and remain open to input. If possible, it is preferred to have a meetings space that is large enough to accommodate the participants and to have a period after the meeting for informal questions and discussion. Our goal is to make the public input process an effective and meaningful way to receive comments from the community and present these to the City in a concise manner Architectural Services for the City of Mound Department of Parks and Public Works 6 -3708- anticipated tune &81fle We will work closely with the City of Mound to provide quality service in a timely manner. Below is a graphic view of the schedule, as we understand it, based on our discussions with City officials. After the scope of work is completed, we estimate an additional io - 12 months for design and documentation and 10 -12 months of construction. 2007 task (completion date) I MARCH APRIL MAY JUNE Explore Options Verify department needs /City meetings Meet with City Council and Mayor Develop concept plans Meet with City Council and Mayor Further develop concept plans Develop public process plan Develop financial plan (by others) - involve Ehlers 1 Request Council approval of above plans & public process I ' Report to Council on site purchase discussions (by others)' Public Process I Develop informational materials /brochures /handouts Public mtgs. /open houses at public works & park facilities Report to council on results of public process I 1 Architectural Services for the City of Mound Department of Parks and Public Works 7 -3709- • 16 Located on 45 acres in Cologne, Minnesota, the new 81,225 square foot, $6,509,000 public works complex for Carver County serves as the public works headquarters and houses five of the six divisions within the department. Designed to minimize energy consumption, the facility provides a new work environment for approximately 75 county employees. Office and conference space, vehicle maintenance, warm vehicle storage, and a vehicle wash bay • are located in the main building. Placement of the building on an intermediate plateau within the existing prairie landscape captures views to the adjacent, restored wetland and provides daylighting to shop spaces and offices. The commodity storage yard is shielded from public views by the buildings. The facility includes a dry pond water treatment system designed bythe county and intended as a demonstration site. In keeping with the site organization, the building components identify the public and private zones while offering views of how the facility operates. similar worlr Carver County Public Works Facility Cologne, Minnesota Architectural Services for the City of Mound Department of Parks and Public Works 8 -3710- siiniiar Work City of Minneapolis Public Works Royalston Maintenance Facility Minneapolis, Minnesota The 70,000 square foot, $6,59o,000 Royalston Maintenance Facility replaces several shops scattered throughout the City of Minneapolis. The new facility was completed in the Summer of 1998 on a 5 -acre site near downtown Minneapolis. Avehicle maintenance shop, radio repair shop, warm vehicle storage, and the Lands and Buildings shops are included in the facility. The Lands and Buildings Shops include a paint shop, plumbing shop, carpentry shop, mechanical engineers shop, welding shop, and a bricklayers shop. The building was placed along the southeast side ofthe site to screen existing neighbors from noise created by the facility and to create a secured yard and parking area. Throughout the facility careful attention was given to provide natural light and large flexible spaces to promote a clean and pleasant work environment and to accommodate the changing needs of the City overtime. The project received design awards from the American Institute of Architects and the American Public Works Association. n _ 1 1 Architectural Services for the City of Mound Department of Parks and Public Works iz -3711- • • KENNETH A. SHEEHAN, AIA Project Architect /Manager Architectural Alliance EXPERIENCE iesllffle Education and Professional Affiliations Bachelor of Arts, Magna cum Laude, Kansas State University, College of Architecture and Design, 1994 American Institute of Architects (AIA) • • Allianz Life Insurance Company, Corporate Headquarters Phases I and II, Minneapolis, MN • Dane County Airport, Project 2, Madison, WI Architectural Services For the City of Mound Department of Parks and Public Works 16 -3712- • Hennepin County Public Works Facility, Medina, MN Ken Sheehan has been with Architectural Alliance since 1996 and has 12 years of experience. • Minneapolis Public Works Facilities, Currie and Royalston, His background includes all aspects of project Minneapolis, MN delivery from programming through construction . Minneapolis Central Library, Minneapolis, MN administration. Ken's contributions to projects . Minneapolis Public Works, Phase III Master Plan, range from Project Manager to Designer. Minneapolis, MN His technical knowledge is complemented by University of Minnesota Cargill Building for Microbial Plant his design sensibility. Ken has experience on corporate projects, public works projects, Genomics,Minneapolis, MN higher educational facilities, industrial • Allentown Business School, Allentown, PA manufacturing facilities, institutional projects . Guthrie Theater, Minneapolis, MN and community centers. • Plastech Corporation, Amery, WI • • Blue Cross Blue Shield of Minnesota, Customer Service Center, Eagan, MN Education and Professional Affiliations Bachelor of Arts, Magna cum Laude, Kansas State University, College of Architecture and Design, 1994 American Institute of Architects (AIA) • • Allianz Life Insurance Company, Corporate Headquarters Phases I and II, Minneapolis, MN • Dane County Airport, Project 2, Madison, WI Architectural Services For the City of Mound Department of Parks and Public Works 16 -3712- resume PETER VESTERHOLT, AIA, LEED AP Principal in Charge Architectural Alliance 0 • City of Maplewood Public Safety and City Hall, Maplewood, MN • YMCA of Metropolitan Minneapolis„ MN • Minneapolis - St. Paul International Airport projects, St. Paul, MN • Normandale Community College, Phase 6B, Bloomington, MN Education and Professional Affiliations Master of Architecture, Royal Danish Academy, Denmark, 2979 LEED Accredited Professional Member, Danish Architects Association Treasurer, American Institute of Architects/ MN American Institute of Architects (AIA) Registrations Professional Architect, MN, #26854 Professional Architect, Denmark, 2979 Certified Interior Designer, MN, #Co0388 Architectural Services for the City of Mound Department of Parks and Public Works 17 -3713- • EXPERIENCE Peter Vesterholt is a Principal of Architectural • Carver County Justice Center Expansion Study, Cologne, MN Alliance and has been with the firm since • Carver County Public Works Facility, Cologne, MN 2979. He has over 24 years of comprehensive • Hennepin County Public Works Facility, Medina, MN experience in planning, design, production, • Minneapolis Public Works Facilities, Minneapolis MN and field supervision for various building types including municipal, corporate, airport, • Minneapolis Public Library, Minneapolis MN government and industrial facilities. Peter • USAFR Consolidated Lodging Facility, Minneapolis - St. Paul has also completed planning studies for International Airport, St. Paul, MN corporate offices, computer manufacturing • USPS Vehicle Maintenance Facility, Minneapolis, MN facilities, educational facilities and historic building remodeling projects. He has extensive • Arden Hills City Hall, Arden Hills, MN experience in coordinating client and consultant • City of Brooklyn Park Maintenance Facility, Brooklyn Park, MN teams. • City of Crystal City Hall /Public Safety Renovation and Expansion, • Crystal, MN • City of Maplewood Public Safety and City Hall, Maplewood, MN • YMCA of Metropolitan Minneapolis„ MN • Minneapolis - St. Paul International Airport projects, St. Paul, MN • Normandale Community College, Phase 6B, Bloomington, MN Education and Professional Affiliations Master of Architecture, Royal Danish Academy, Denmark, 2979 LEED Accredited Professional Member, Danish Architects Association Treasurer, American Institute of Architects/ MN American Institute of Architects (AIA) Registrations Professional Architect, MN, #26854 Professional Architect, Denmark, 2979 Certified Interior Designer, MN, #Co0388 Architectural Services for the City of Mound Department of Parks and Public Works 17 -3713- • n • uflique qua /ificatims Unique Qualifications 1. We have a solid understanding of the City of Mound Department of Parks and Public Works project. We are excited about the challenges that will present themselves and lookforward to working with the City of Mound. We have the relevant project experience and the design talent to meet the goals the City wishes to achieve. 2. We have assembled an outstanding team. We have relevant and demonstrated experience in the planning, programming and design of award winning facilities. 3. Architectural Alliance has worked for many years on design of public works facilities for Carver County, Hennepin County, and the City of Minneapolis. We have also worked on transportation facilities for the United States Postal Service, the Air National Guard, and for the Metropolitan Airports Commission, whom we have served continuously since 1978. 4. We are committed to providing strong project leadership, which is necessary to successfully deliver high quality service to the City of Mound. Architectural Services for the City of Mound Department of Parks and Public Works 18 -3714- Hennepin County Public Works Facility Medina, Minnesota desigfl awards 0 FIRM AWARD 1994 Firm Award, American Institute of Architects, Minnesota (AIA /MN) PUBLIC RiverCentre Connection 2003 St. Paul Preservation Awards, New Construction Award Minneapolis Public Works Facilities - Currie and Royalston 2000 Honor Award, American Institute of Architects, Minnesota (AIA /MN) University of Minnesota, Jackson Hall 2000 Design -Build Institute of America (DBIA) Award for Rehabilitation, Renovation, and Restoration Minnesota Air National Guard Civil Engineering Facility 2000 Award of Merit for Facility Design, United States Air Force (USAF) Design Awards Hennepin County Public Works Facility • 1998 Honor Award, American Institute of Architects, Minnesota (AIA /MN) 1999 Facility of the Year, Minnesota Public Works Association, United States Courthouse 1996 Citation Award for Architecture, General Services Administration Architectural Services forth e City of Mound Department of Parks and Public Works 19 -3715- • • • Init. V-..AIA Document 6151TM -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Fifth day of March in the year Two Thousand Seven (In words, indicate day,, month and year) of Mound 1 Maywood Road identified as the Owner: -5703 of Project) �J-ri iviay Wvvu —Vau vlound, MN 55364 tchitectural services for concept plan development and public process for proposed laintenartee facility. The Architect will use the City's recently completed space needs itudy to develop concept plans including but not limited to: equipment needs, maintenance areas, vehicle and equipment parking /storage, material storage including ,and and salt, administrative and personnel needs. Verify department needs for quipinent storage storage yard, service /maintenance areas, employee support and adtuinistration as identified in the space needs study. Conduct divisional metings as necessary to determine department needs and obtain input from City staff on concept plans. Identify equipment needed for the facility. Develop up to three facility design concepts based on the needs study:. The concepts may be for different locations including the feasibility of adding on and remodeling the existing facilities. Develop preliminary cost estiiiates for facility concepts. Present concepts and costs to City Council (this could include two work sessions to develop preferred final concept plans and options), City commissions, staff, the public, and other agencies if needed. Develop and implement with City staff and Council approval a public process to inform the community of the space needs and solicit input. Work with the City to facilitate public meetings; open houses, develop information handouts, news releases, and funding information. A maximum of eight (8) public meetings is included in fee. Twelve copies of the final report shall be submitted to the City and presented to the council. The final report will include but not be limited to the following: a. the concept plans and alternatives considered b. the estimated costs for each concept plan c. summary of the meetings and decisions of the study group and the council ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 6151 TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WANNiNG: i nis ArA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:48:12 on 03/0612007 under Order No. 1000245960_4 which expires on 9/1/2007, and is not for resale. (3373509125) User Notes: -3716- d copy of the financing plan for each concept • e recommended action based on the results of the study This fee is for the study as outlined above; compliance with the full Predesign requirements of the State of Minnesota would require additional compensation. The Owner and Architect agree as follows. • Init. AIA Document 8151 TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale • Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document or any 2 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3717- • ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The services performed by the Architect, Architect's employees shall be as described herein. § 1!2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and .the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 114TH ARTICLE 2 5C( a representative authorized to act on behalf of the Architect with respect to the Agreement are subject to the time limitations contained in Section 11.5.1. BASIC SERVICES this Article 3 are not included in Basic Services unless so identified in Article 12, Owner as provided in this Agreement, in addition to the compensation for Basic under Section 3.4 shall only be provided if authorized or confirmed in writing by under Contingent Additional Services in Section 3.3 are required due to ect's control, the Architect shall notify the Owner prior to commencing such t such services described under Section 3.3 are not required, the Owner shall give iitect. If the Owner indicates in writing that all or part of such Contingent ire d, the Architect shall have no obligation to provide those services. BASIC SERVICES 3:3.1 Making revisions in drawings, specifications or other documents when such revisions are: 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessity, by adjustments in the Owner's program or Project budget; 2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. (Paragraphs deleted) § 3.4.2 Providing financial feasibility or other special studies. • Init. AIA Document 8151 TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any 3 portion of It may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. (3373509125) User Notes: -3718- 3.4;12 Providing analyses of owning and operating costs. tenant or rental spaces. Ing investigations', inventories of materials or equipment, or valuations and detailed appraisals of ities. ices of consultants for other than architectural and cost estimating as a part of Basic Services. other se s se not otherwise included in this Agreement or not customarily furnished in ally accepted architectural practice. The .Owner shall prouide the space needs assessment document dated December 12, 2006. The Owner shall establish an overall budget for the Project, including the Construction Cost, the Owner's other and reasonable contingencies related to all of these costs. The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. owner or such designated representative shall render decisions in a timely manner pertaining to documents fitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the §4A If required, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 If required, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing (nit. AIA Document 8151 Tm —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3719- r� 40 values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. §':46 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. (Paragraphs deleted) § 4.8 The Owner shall furnish all legal, real estate research and services, financing, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. J,,,4 1 �9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. §, 4.10 The Owner shall provide jprompt written notice to the Architect if the Owner becomes aware of any fault or aaect.in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 . CONSTRUCTION COST §S tDEFINITION § 6.2 Upon exeeution_:of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Tnstrumetits of Service solely for purposes of constructing, using and maintaining the Project, provided that the,Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement., The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this, Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to thelArchitect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deeined iterminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, :corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory • Init. AIA Document B751TM —1997. Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 5 portion of li, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/112007, and is not for resale. (3373509125) User Notes: -3720- requirements or for similar purposes in connection with the Project is not to be construed as publication in • derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § €.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service.or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION §7.1 MEDIATION P.:1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If'such matter relates•to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by.mediation or by arbitration. p,,12 The Owner and Architect'' shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request maybe: made concurrently' with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filling, unless stayed for a longer period by agreement of the parties or court order. § 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place • where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner,. an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined, Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Init. AIA Document 8151 TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A10 • Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any 6 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3721- • § 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § T.3 CLA {MS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. § 8.61n the event,6f tertmnatiori (Paragraphs deleted) • § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock -ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; 8 other similar direct Project - related expenditures. § 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES (Paragraphs deleted) Init. AIA Document 8151 TM —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A10 • Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this A10 Document, or any 6 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/0612007 under Order No. 1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3723- • § 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of tithe shall be computed in the manner set forth in Section 11.3.2. • • - agraphs deleted) .4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES ments on account of.the Architect's Additional Services and for Reimbursable Expenses shall be made monthly n presentation of the Architect's statement of services rendered or expenses incurred. n the Architect's compensation on account of penalty, liquidated damages or other contractors, or on account of the cost of changes in the Work other than those for ideed to be liable. RECORDS ,s and expenses pertaining to Additional Services and services performed on the of Direct Personnel Expense shall be available to the Owner or the Owner's illy convenient times. Architect as follows: § 11 2 1 poi Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Servtces,;Bas'ic Compensation shall be computed as follows: (Insert.basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which qpf culae »tethods of compensation apply, if necessary.) On an hourly basis at Archrtect's `standard rates, attached as Exhibit A, not to exceed a maximum of $24,000.00. Architect shall submit invart t son a monthly basis. co ppten as toitows: n/a § 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding, services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) an hourly basis as approved in advance by Owner, at Architect's standard rates. (Identify specific types of consultants in Article 12, if required.) Init. AIA Document B151 TM — 1997. Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3724- (Paragraphs deleted) § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( 1.00 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 5`ADDITIONAL PROVISIONS 5.1 If the Basic Services covered by this Agreement have not been completed within Six ( 6 ) months of the hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be Densated'its Arovided:in Sections 10.3.3 and 11.3.2. .5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts rid Sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence of at the legal tate prevailing from time to time at the principal place of business of the Architect. ert rate of interest. agreed upon.) r the Federal Truth in Lending Act, similar state and local consumer credit laws 's and Architect's principal places of business, the location of the Project and this provision. Specific legal advice should be obtained with respect to deletions g requirements such as written disclosures or waivers.) forth for Additional Services shall be adjusted in accordance with the normal ONS OR SERVICES ervices, identify Additional Services included within Basic Compensation and and compensation terms included in this Agreement.) eluded in basic services: ie Owner's needs and programming the requirements of the Project. evaluations or comparative studies of prospective sites. .. ......:...._................... estimates of Construction Cost. ered into as of the day and year first written above. ARCHITECT (Pribited name and title)' (Signature) Peter Vesterholt, AIA, Vice President (Printed name and title) • AIA Document B151 TM —1997. Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW Document, or any 0 0 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document / was produced by AIA software at 14:48:12 on 03/06/2007 under Order No.1000245960_4 which expires on 9/1/2007, and is not for resale. User Notes: (3373509125) -3725- MINUTES MOUND ADVISORY PLANNING COMMISSION FEBRUARY 26, 2007 CALL TO ORDER Chairman Michael called the meeting to order at 7:03 p.m. OATH OF NEW MEMBERS City Manager Hanson gave the oath of office to Eva Stevens and Suzanne Claywell. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Ory Burma, Suzanne Claywell, Christine Ebert, Becky Glister, Mich LPaulsen, Eva Stevens and Greg Skinner. City Council present: Mayor Hanu, Mika Specht, Dave Osmek and John Beise. Staff present: City Manager Kandis10�"nson, Planning Consultant Rita Trapp and Recording Secretary Jill Norlander. No members of the public were preempt F � MOTION by Burma, second by Glister, to approve the minutes of the January 22, 2007 Planning Commission meeting. MOTION carried unanimously. APPROVE AGENDA WITH ANY AMENDMENTS Chair Michael added 3 items to the Agenda. MOTION by Burma, second by Glister, to approve agenda as amended. MOTION carried unanimously. JOINT PLANNING AND COUNCIL MEETING 1. Trapp reviewed the PC cases from 2006 and ordinance revisions. 2. The Comprehensive Plan schedule was discussed. Hanus thought the public should be informed via the website and newsletter about input opportunities. Claywell thought the newspaper would reach more people. 3. Consensus is that the rental ordinance and waiver of platting provisions are the 2 top • priorities. Staff is directed to prioritize the remainder as needed. -3726- Planning Commission Minutes January 22, 2007 4. Hanson gave a quick update of redevelopment progress. JOINT MEETING ADJOURNED AT 8:03 • DRIVE- THROUGH RESTAURANT ORDINANCE TEXT AMENDMENT Trapp summarized the issues and considerations involved. MOTION by Ayaz, seconded by Michael, to approved staff recommendation with performance standards. MOTION approved unanimously. OLD / NEW BUSINESS Review of transfer /acquisition of "former MTC transit station" for consistency with Mound Comprehensive Plan. MOTION by Burma, seconded by Ebert, to apprhved staff recommendation. MOTION approved unanimously. .° Approval of 2007 Work Rules x. Staff is directed to make the recom e,changes and bring back to the Commission for formal approval. • Review of 2006 survey of 5120 gwater Drive for Variance review MOTION by Glister, seconded by Ebert, to accept survey as long as it represents current conditions. MOTION approved unanimously. Chair Michael cited three example of sign issues from other communities and encouraged intelligent decision making by the Planning Commission. ADJOURNMENT MOTION by Ayaz to adjourn. Seconded and carried by affirmation at 9:14 p.m. Attest, Planning Secretary -3727- Chair Geoff Michael is APPROVED 2 -8 -07 PARKS OPEN SPACE, DOCKS ADVISORY COMMISSION MINUTES • January 11, 2007 Members Present: Chair Mason, Vice Chair Jim Funk, Teri Turner, Sue Pilling Council Member Mike Specht Others Present: Jim Fackler, Parks Superintendent, Administrative Assistant Vicki Weber, Rod Sanders Absent: Don Heywood Mike Mason called meeting to order at 7:34 p.m. 1. Election of Officers: Commission discussed the election process. MOTION by Turner to elect Mike Mason as Chair. SECOND by Funk. Motion carried unanimously. MOTION by Mason to elect Jim Funk as Vice Chair. SECOND by 40 Specht. Motion carried unanimously. 2. Approval of Agenda: MOTION by Mason to approve agenda as written. SECOND by Specht. Motion carries unanimously. 3. Approval of Minutes. MOTION by Turner to accept minutes as written. SECOND by Funk. Voting in favor: Mason, Funk, Pilling, Turner. Specht abstained from vote. Motion carried. 4. Comments and Suggestions from Citizens present: None present 5. Dicuss: Public Lands permit — Pelican Point Homeowners Association: Fackler explained the Pelican Point Homeowners Association submitted a request to plant trees as described on the Public Lands Permit. Staff recommends approval with the conditions stated in • report. -3728- APPROVED 2 -8 -07 MOTION by Turner to approve Public Lands permit for The Pelican is x. Point Homeowners Association with conditions recommended by staff. SECOND by Pilling. Motion carried unanimously. 6. Discuss: Designation of Park for installation of new Play Structure for 2007 Fackler stated the City Council had approved use of $45,000 from the Park Dedication Fund to construct a new play structure in 2007, and also $15,000 for park planning. The City Attorney informed the staff Park Dedication Funds cannot be used for Park Planning. Discussion followed. Commission requested a meeting with City Council and Bruce Chamberlain to discuss options for securing funding for park planning. Commission discussed park location for installation new play structure for 2007. MOTION by Mason to have play structure installed at Tyrone Park not to exceed $45,000.00. SECOND by Pilling. Motion carried unanimously. 7. Review: POSDAC Commission Make Up • Fackler went over the ideal make up of the Commission having members that represent dock holders and non -dock holders. We have an opening due to Michelle Olson's resignation and will advertise for an "at- large" (non dock holder) member to fill this position. 8. Review Work Rules: Fackler explained work rules are reviewed annually. 9. Calendar Fackler discussed the calendar and asked if the Commission wanted to do a parks and /or docks tour in June. Decision on where to do a tour will be decided at a later date. 10. Reports Council Member Specht stated new Council Member and Mayor were sworn in at last meeting. • N -3729- APPROVED 2 -8-07 • Parks Superintendent Fackler stated the dock application dock application process.has begun. The Dreamwood Settlement Agreement is complete. 1-0 • MOTION by Specht to adjourn meeting. SECOND by Mason. Meeting adjourned at 9:05 p.m. 3 -3730- General Fund $1,899,645 CDBG 0 Area Fire Protection Services 195,395 Dock 264,943 Mound HRA 576,750 G.O. Equip. Certf. 2004 - C 124,210 G.O. Equip. Certf. 2005 - C - 56,314 G.O. Equip. Certf. 2006 - C - 32,701 Mound Transit Center Series 2006 - 12,914 G.O. Bonds 2001 - C 54,308 Commerce Place TIF - 196,521 G.O. Bonds 2003 - C TIF 1 -2 202,979 G.O. Bonds 2001 - A 12,209 G.O. Bonds 2003 - A 212,455 G.O. Bonds 2004 - A 37,375 G.O. Bonds 2005 - A 264,561 G.O. Bonds 2006 - A 198,152 Taxable G.O. TIF Bonds 2005 - D 1,650,144 HRA Lease Rev Bonds - 414,578 Capital Improvement 1,007,341 MSA 1,136,763 Sealcoat 21,462 Parking Deck 2,364,266 Downtown TIF 1 -2 - 160,450 Downtown TIF 1 -3 MH 461,450 HRA Public Safety Bldg 0 Water 1,051,934 Sewer 1,257,360 Liquor Store - 742,460 Recycling 21,660 Storm Water 911,869 Fire Relief -8,064 • • Note: The above schedule shows the combined cash and investment balances by fund for the months indicated as recorded in the General Ledger. The balances do not reflect receivable, payables, authorized transfers, encumbered funds, or dedicated /reserved resources, etc. Only some accrued transactions are reflected. investment income will be distributed to the funds at the end of the year and is not included. A long and complete process is followed to record all transactions, before we close the books, at the end of the year. In addition, the audit from the independent auditor is performed and an official Comprehensive Report will be presented to the City Council and made available to interested parties. In no way this schedule is intended to represent balances of funds available for spending. 03/0512007 • CashReportCouncil Gino -3731- • • 10 CITY OF MOUND BUDGET REVENUE REPORT Feb. 2007 16.67% Feb.2007 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED GENERAL FUND Taxes 3,643,886 0 0 - 3,643,886 0.00% Business Licenses 19,600 475 475 - 19,125 2.42% Non - Business Licenses /Permit 243,300 3,586 17,269 - 226,031 7.10% Intergovernmental 318,060 30,000 30,000 - 288,060 9.43% Charges for Services 92,000 1,198 8,149 - 83,851 8.86% Court Fines 100,000 6,745 6,745 - 93,255 6.75% Street Lighting Fee 108,000 9,169 18,075 - 89,926 16.74% Franchise Fees 298,000 7,746 7,746 - 290,254 2.60% G.O. Equipment Certificates 165,000 0 0 - 165,000 0.00% Charges to Other Dpts 12,000 -566 -36 - 12,036 -0.30% Other Revenue 262.500 -24 79.772 - 182,728 30.39% TOTAL REVENUE 168,195 -5.0°94.151 3 FIRE FUND 828,890 49,524 163,075 - 665,815 19.67% DOCK FUND 155,573 84,988 118,249 - 37,324 76.01% MOUND HRA 173,281 667 1,404 - 171,877 0.81% WATER FUND 950,000 39,404 97,860 - 852,140 10.30% SEWER FUND 1,450,000 105,419 215,194 - 1,234,806 14.84% LIQUOR FUND 2,400,000 155,054 306,465 - 2,093,535 12.77% RECYCLING FUND 158,500 10,507 21,246 - 137,254 13.40% STORM WATER UTILITY 135,820 12,808 25,562 - 110,258 18.82% -3732- CITY OF MOUND BUDGET EXPENDITURES REPORT Feb. 2007 16.67% • Feb.2007 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND 799,621 43,050 52,190 747,431 6.53% Council 84,590 8,917 11,591 72,999 13.70% Promotions 5,500 5,500 5,500 0 100.00% City Manager /Clerk 336,445 24,892 40,300 296,145 11.98% Elections 2,850 1,830 1,830 1,020 64.21% Finance 361,930 26,297 48,019 313,911 13.27% Assessing 86,950 1 1 86,949 0.00% Legal 135,460 9,933 9,933 125,527 7.33% City Hall Building & Srvcs 106,770 7,687 11,529 95,241 10.80% Computer 13,950 115 2,855 11,095 20.47% Police 1,546,418 151,016 220,950 1,325,468 14.29% Emergency Prepardeness 7,100 779 809 6,291 11.39% Planning /Inspections 431,051 34,478 46,639 384,412 10.82% Streets 889,269 73,464 116,702 772,567 13.12% Parks 465,399 35,268 46,190 419,209 9.92% Park Dedication Fees 60,000 0 0 60,000 0.00% Cemetery 10,447 8,052 8,052 2,395 77.07% Recreation 5,000 0 0 5,000 0.00% Transfers 304,610 38,982 77,964 226,646 25.59% Cable TV 43,000 0 0 43,000 0.00% Contingencies 16,700 0 0 16,700 0.00% • GENERAL FUND TOTAL 4.913.439 427,211 648.864 4.264 575 13.27% Area Fire Service Fund 799,621 43,050 52,190 747,431 6.53% Dock Fund 195,609 10,701 21,743 173,866 11.12% Capital Projects 1,480 8,429 8,429 -6,949 Transit Parking Deck 0 39,729 39,729 - 39,729 TIF 1 -2 Downtown Mound 0 0 0 0 TIF 1 -3 MHR 0 0 0 0 Water Fund 1,085,060 217,304 242,670 842,390 22.36% Sewer Fund 1,398,168 110,156 241,575 1,156,593 17.28% Liquor Fund 528,186 51,913 68,070 460,116 12.89% Recycling Fund 171,531 9,785 19,427 152,104 11.33% Storm Water Utility 143,040 29,782 35,806 107,234 25.03% -3733- Cl r� d C t0 t6 .- va aci u Y (0 °a'aLL T o at u O "v c; w d e N C (� O V Y 13 0 A y C LLF-G5c to a Y t6 Cc M er N �tO C Y C T - N °a V I C O m o tag opt y 70 40 �YVJN o N U) C N < O � IY m YO„O� �N4) n 4 O tv $ N y g to a1 Y o � Y N V7 T N O O O O OI � w IfO9 ODD `MQ tN0 w N Of N co O 40 n INO O M + N y O n M M GV O at r n Q N T T w w w Of O O1 c w w w w w y T a O r t. N O O In rn LL rn le N W M cm O O OI d C t0 t6 .- va aci u Y (0 °a'aLL T o at u O "v c; w d e N C (� O V Y 13 0 A y C LLF-G5c to a Y t6 Cc M er N �tO C Y C T - N °a V I C O m o tag opt y 70 40 �YVJN o N U) C N < O � IY m YO„O� �N4) n 4 O tv $ N y g to a1 Y o � Y N V7 T N O O O O OI O V O at V N C-4 co 01 INO O + N y O n M M w It1 r M ti d N T w w w Of O O1 O O at 001 y M O r t. N O O In rn _w tt! rn le N W M cm N N N Y C OI O N N M W) 0 E w tD O 10 40 4) T c a O T OON 0 It V M N T w N N V O N O O N M N t MI 07 T O 0 � O NI �I n to ^ R n t0 to to O t0 O O to a M v V W a � T O O O oto N yy my T M r tn0 r T O `� N O N N t0 t0 Q fn d' Q O '2 N T T C d O � ° O � p V V CL O d 5 N C O O O O OI O V O V) O Y O N INO O + N y O W M w It1 r M ti d N w w w w Q.' O O y M O r t. N O O In _w tt! GO- le N W M cm r n tn a t1 4 Y C OI O N N M ° E w °I ti 40 4) T c a O T OON M to w N N t0 W) R t4 N N N N N N t T O O C d O � ° O � p V V CL O d 5 N -3734- O M M O 4 O V) O INO O Cl) OI W M w It1 r M N w w w w T O O T to t. N t0 n co to In le r N a °I ti 40 4) n t0 N N a O T OON tp N t0 W) R t4 n N T O O O NI �I ^ R n w1 Go CD a M v V oto yy T tn0 r V0 `� N T Q fn '2 M 01 ant O O t0 01 T 0i N N M to n N n N M tD O O1 O1 IV M OI N tD O M n t0 r M N O O Cl N 41 M Wt 4011 N A M T N T O O O O N �) pT0 T O t0 n M tn0 t A T � O O O O N C T T tD N tMD M to n 0 T OI tO co A M N M O N M T M O T v N N N N N N c R W � m w b N W -3734- O M -3735- 0 � Harbor Wine 8 Spirits February 2007 • Date Weather Cust 07 Cust 06 Variance 2007 2006 Difference +/- Cash 2/1/2007 sun wind 9 277 190 87 6170.65 3188.37 2982.28 0.11 2/2/2007 SUN 8 465 263 202 11970.09 5179.64 6790.45 „. super job! 2/3/2007 SUN 0 573 457 116 14445.27 9533.19 4912.08 -0.92 2/4/2007 565 -565 15415.15 - 15415.15 2/5/2007 SUN -3 182 182 3253.2 3253.2 wunderbar! 2/6/2007 snow /sun 8 205 173 32 3434.11 3203.1 231.01 -59.12 2/7/2007 sun 0 219 205 14 4329.03 3566.89 762.14 58.64 2/8/2007 sun -5 234 214 20 4423.26 4087.85 335.41 Bravo! 2/9/2007 sun 0 428 235 193 9366.77 4532.27 4834.5 0.01 2/10/2007 SUN 10 450 414 36 10174.44 7804.3 2370.14 Bravo! 2/11/2007 408 -408 8106.46 - 8106.46 2/12/2007 PT. SUN 12 220 220 4127.9 4127.9 -10.64 2/13/2007 sun 12 206 243 -37 3911.05 4894.18 - 983.13 -8.69 2/14/2007 sun 8 269 300 -31 5629.17 5794.55 - 165.38 0.03 2/15/2007 SUN 5 219 205 14 4114.46 3653.43 461.03 -18.99 2/16/2007/ PT SUN 18 398 220 178 9494.41 4942.91 4551.5 0.07 2/17/2007 SUN 22 451 400 51 10161.17 7627.57 2533.6 0.97 2/18/2007 434 -434 9783.53 - 9783.53 2/19/2007 SUN 42 196 196 3189.97 3189.97 -0.09' 2/20/2007 SUN 41 193 203 -10 3502.56 4039.86 -537.3 -1.22 2/21/2007 PT.SUN40 215 200 15 3896.29 3108.81 787.48 0.13 2/22/2007 SUN 40 275 222 53 5498.74 4387.44 1111.3 Awesome! 2/23/2007 ovrest 20s 516 253 263 11969.18 4667.74 7301.44 3 • 2/24/2007 snow /20s 431 382 49 9562.29 7787 1775.29 -5.01 2/25/2007 427 -427 7977.32 - 7977.32 2/26/2007 0 0 2/27/2007 216 -216 3685.33 - 3685.33 2/28/2007 211 -211 3603.26 - 3603.26 0 0 Totals 6622 7040 142624 140570.2 2053.86 -41.72 -3735- 0 � • 02-22-2007 10:55AM FROM LRKE MINNETONKR COMMUNICA TO -3736-" 4720620 P.02 .............. a all U LL. a c c Pf CL 0 ii 40 0. LL AL. JL LU . CA C6 'm .J1 q Al .2 ri -A tee , .13.18 4 06 C gL g , : a L , ..4 'CL CL rx ro ch iv Id as Lm td- I -3736-" 4720620 P.02 C 0 CD .............. C 0 CD 02-22-2007 10:56AM FROM LAKE MINNETONKA COMMUNICA c 79 Ab: i:-, sr- A Cc 116 cq LU & A Im co ..m 0 p v X cm IL .41 R' 0 T, C� a CV c CL 1c, L 6 E '!11 E :E " 79 i:-, 02 -22 -2007 10 :57AM FROM LAKE MINNETONKA COMMUNICA TO • -' ,..`,Ir' +fir; <.,';; +1 ,`�' 4720620 P.04 TOTAL P.04 0 a U -3738- ,: •,�; •::.i , ae',; :','Y,'.: ';fit! >: ' <' ' iltat f1;' :: , '•'•: '' 1 `."'•2•" °f`t ;':� )/i'�1� 41.E Yr ?1i .•t� •��� , ate, " " ' llq. t ;'�Ci �.'r'• . IL 1 :`,��} !i is t •ai. f ,`t •�C:: fdr 1 .. yp " 4'f 'rfi�i y ir. ! sW Ali �A ' ! } {: •'i +a �}• i }, �', a i� iK y Tr O T . �.1; rYl :',Q •� S; �, lij. i �I i 1! i'�S 3•ki +' ca 4720620 P.04 TOTAL P.04 0 a U -3738- 4720620 P.04 TOTAL P.04 0 a U • -3739- IV Metropolitan Council v • r� February 21, 2007 Ms. Sarah Smith Community Development Director City Of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Ms. Smith: PC , According to our infonnal poll taken last fall, only 42 percent of cities and townships in the seven - county metropolitan area had began updating their comprehensive plans. As you know, section 473.864 of the Metropolitan Land Planning Act (MLPA) requires metropolitan -area communities to review and, if necessary, update their comprehensive plans by 2008. Local government units in the seven - county region received a metropolitan systems statement from the Metropolitan Council in September 2005. Those systems statements contain updated growth forecasts and regional planning information that are used by the Metropolitan Council to plan its current and future metropolitan systems, including regional wastewater service. Each community is expected to use that new information to update its comprehensive plan in conjunction with the statutory decennial review process, no later than December 31, 2008. Please keep in mind the MLPA requires local governmental units to submit their plan updates to adjacent jurisdictions and affected school districts for review and comment six months prior to submittal to the Council. Plans submitted to the Council without having satisfied this requirement will be considered incomplete, delaying their review. This means that the latest date for circulating your plan to meet this six -month adjacent review requirement is June 30, 2008. The MLPA authorizes the Council to grant review period extensions to local governmental units to allow time to fulfill their decennial review and update obligations. The Council granted several extensions in conjunction with the first decennial review that had a December 1998 deadline. Since the first decennial review, most local governmental units have kept their comprehensive plans up -to -date as part of the ongoing comprehensive plan amendment process. Accordingly, the Council does not expect to receive or to grant many review time extensions as part of the 2008 review. I encourage you to apprise your Council sector representative of the status of review and update efforts on your plan as work progresses. This information will allow Council staff to work directly with communities encountering issues to help ensure plan reviews and updates are completed as expeditiously as possible. In the next few weeks the Council will send a simple survey asking how your community is progressing with its plan review and update efforts. This survey will help the Council gauge the need for additional technical and local planning assistance. www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal opportunity Employer -3740- February 21, 2007 Sarah Smith Page 2 In addition, the Council is currently seeking legislative authority to use, on a one -time basis, a small • amount of Livable Communities Act dollars to help small cornmunities with the costs of reviewing and updating their comprehensive plans. More information about this potential planning assistance effort will be forthcoming as the legislative proposal moves forward. Should you have any concerns or questions about this information, feel free to contact your sector representative or me. The Council's Local Planning Handbook contains guidelines and other information that your community will find helpful as it undertakes its decennial review and update work. The Handbook and other community assistance information are available online at: www.metrocouncil.org. A copy of Minnesota Statutes section 473.864 is linked in the Handbook. Sincerely, Guy Peterson Director, Community Development Division cc: Tom Weaver, Regional Administrator Phyllis Hanson, Manager of Local Planning Assistance • V:\LI BRARY1Liv_ Comm_ Move_ FoldeAPETERSOM2007 1021407_comp —plans.DOC • -3741- A 1 i, .5 TF1E GILLESPIE GAZETTE& 94 9411 t% ap VOLXIV NO 15 Greetings everyone, MAkC-i 2007 • Shelby and I thoroughly enjoyed the first 2 theme lunches and are looking forward to future ones to come. It's really nice to see the good turnout and people having a good time socializing while enjoying the fine food. We're looking forward to being open on Saturday mornings and are planning to have a grand Saturday morning opening on March 10 when we will invite the community to come and find out about the great programs and activities that take place at The Center. We need everyone to be good ambassadors for the Center. Please make an effort to bring your friends, neighbors and family. We hope that representatives from each activity can be present to talk about their activity and encourage people to take part We also hope to explore people's interest in potential new activities that we might initiate if there is sufficient interest. We need help in planning the grand opening event. If you are interested -in helping, please see Mindy Anderson or Barb Calhoun. Remember that The Center is what we, the members make it It can be as exciting as we want and are willing to help make it work. Harold Pellett Dear Members, I know it isn't the only one, but one problem of being from the South is that I am ready to see crocuses and hyacinths at this time of the year. Of course, we are looking at snow. The snowbirds are blessed with • seeing spring twice — once where they are and once here. Spring will come. When it does, a lot of us will cheer its arrival. In the meantime, let's have some fim together! ! Come to the Sunday At The Center breakfast on March 4 and enjoy an expanded menu. You're sure to find something you like: Then bring your Minnesota Friends and join others for our hot dish dinner on March 22. A selection of delicious hot dishes, Jell-0 salads and wonderful desserts will be served. These evenings are always fun, so plan on attending the Minnesota Dinner with your Friends. Do you think Spring will have arrived by then.? I won't count on it Barbara Calhoun, President of Advisory Council Hello everyone, I hope all is well with you! In February, The Gillespie Center held the Memorial Blood Centers Drive and the Westonka donors helped us to surpass our goal collecting 99 units of blood. Approximately 297 patients will benefit from the units collected at the blood drive. A big thank you to everyone who ventured out in the snow storm to donate. This past month, The Gillespie Center Rental Program was privileged to host the All School Chess Association Tournament, Boy Scouts Pack 297 Blue -Gold Banquet, Westonka Senior Class Waffle Fundraiser, MCafe Valentine Formal Dinner and Fundraiser, Westonka Alpine Ski Banquet, Lions Waffle Breakfast, and Pheasants Forever Annual Wild Game Dinner and Fundraiser. Thanks to all the volunteers and members for all your contributions at The Center. You do make a difference. We couldn't do it without you! Thanks to everyone who has worked so hard on the theme IIAQ lunches and special events here at the Center. Think positive, Spring is almost here! See you at the Open House on Saturday, March 10 from 9:30 a.m. - noon. Just a side note... check out this information web site (www.safeaging.org) for the National Resource Center for Safe Aging. Take care, Mindy Anderson Center Director -3742-