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2006-03-14
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA��� *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. Call meeting to order 2. Pledge of Allegiance 3. Approve agenda, with any amendments 4. *Consent Agenda *A. Approve minutes of: February 28, 2006 regular meeting 679 -682 *B. Approve payment of claims 683 -710 *C. Approve resolution approving waiver of platting application submitted 711 -724 by Randy Gabrelcik for property located at 4712 Richmond Road to create (2) lots *D. Approve Partial Payment No. 1 to Veit Companies for Lost Lake 725 -727 Dredge Project 5. Comments and suggestions from citizens present on any item not on the agenda. (Limit to three minutes per speaker.) 6. Public Hearings A. Review of an ordinance amending City Code Chapter 350.445 (Access 728 -731 Drives and Access) of the Mound Zoning Ordinance PC Recommendation: Approval 7. Introduction of Ed Kodet of Kodet Architectural Group, firm hired for 732 -774 maintenance facility space needs study 8. Representative from Ehlers & Associates requesting action on sale of bonds 775 Adopt Resolution Providing for the Sale of Bonds 9. Miscellaneous /Correspondence A. Questions and comments from Council members B. Correspondence: *DNR letter dated January 23, 2006 regarding 776 -782 distribution of City of Mound Shoreland Overlay District flexibility request PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCEL CHAMBERS. Correspondence 10. Adjourn *Xcel Energy — rate increase *Mediacom *The Mist *Mound Fire Department letter *LMCC schedule 783 -793 794 795 796 -798 799 -801 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting - igendas may be viewed at City Hall or at the City of Mound web site: www.cityofmound.com. COUNCIL BRIEFING March 14, 2006 Upcoming Events Schedule: Don't Forget!! Mar 14 — 7:30 - CC regular meeting Mar 28 — 6:30 - HRA regular meeting Mar 28 — 7:30 - CC regular meeting April 1 — Daylight Savings Time begins April 4 — 7:00 — Workshop for Annual Reports April 11- 6:30 — HRA regular meeting April 11 — 7:30 — CC regular meeting May 13 — 8 -3:00 — Recycling Day June 17 — 3 -12:00 — Fire Department Fish Fry June 24 — Skate Park Grand Opening July 13 -15 — Spirit of the Lakes festival Sept 15 — 6:30 -12:00 — Taste of the Lakes Upcoming Absences Kandis Hanson May 10 -12 City Manager Conf No news! Short agenda! `^ Kandi* MOUND CITY COUNCIL MINUTES FEBRUARY 28, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 28, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers David Osmek, Bob Brown, Mike Specht and John Beise. Others Present: City Attorney John Dean, Finance Director Gino Businaro, Community Development Director Sarah Smith, City Planning /Engineering Technician Ray Hanson, Thomas Walsh, Scott Rosenlund, Phil McClellan. 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 Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Meisel requested the removal of Item 4E from the agenda entirely, and the addition of Item 4F and 4G to the consent agenda. MOTION by Specht, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of February 14, 2006 regular meeting B. Approve payment of claims in the amount of $357,005.24. C. Approve Garbage and Refuse Collection Licenses for Allied Waste Services, Randy's Sanitation, and Waste Management, all contingent upon receipt of all applications, fees and certificates of insurance. D. RESOLUTION NO. 06 -29: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2006 STREET RECONSTRUCTION PROJECT E. (removed) -679- Mound City Council Minutes — February 28, 2006 F. Approve Change Order #1 with Veit & Company for the Lost Lake Dredge in the amount of $30,000. G. Approve Planning Commission Appointments of Mike Paulson and Christine Ebert. 5. Comments and suggestions from citizens present on any item not on the agenda. - None were offered. 6. Public Hearings Planning Commission Cases #05 -80 through #05 -83 — 5776 Bartlett Blvd., - Mayor subdivision /preliminary plat conditional use permit, variance, comprehensive plan amendment wetland and water resource applications for a 4 -lot subdivision. Sarah Smith reviewed the applications from 10 Spring, Inc, requesting a major subdivision /preliminary plat, conditional use permit, comprehensive plan amendment, variance, water resource (floodplain alteration and erosion control) and wetland applications for a proposed 4 -lot subdivision of the property located at 5776 Bartlett Blvd. The Planning Commission reviewed the applications and addressed concerns from the public on traffic, pedestrian safety, wetlands, proposed density, and parking. Both staff and the Planning Commission are recommending approval of the requests with conditions. It was noted that hardcover will be reduced from 40% to 30 %, and the existing wetland will stay as it now exists. Mayor Meisel opened the public hearing at 7:40 p.m. Scott Rosenlund of 10 Spring, Inc., was there to answer any further questions, but none were offered. Phil McClellan, 5870 Beachwood Road, asked about the application process and stated that he is opposed to the proposed changes because he wishes to preserve the wildlife and habitat. He also objects to the increased density. Mayor Meisel closed the public hearing at 7:51 p.m. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. *See Page 3 where resolution revised* RESOLUTION NO. 06 -30: RESOLUTION APPROVING A MAJOR SUBDIVISION AND VARIANCE FOR LAKE FRONTAGE MINIMUM FOR THE PROPERTY LOCATED AT 5776 BARTLETT BOULEVARD. P&Z CASE #05 -80 THROUGH #05 -83. PID #23- 117 -24 -14 -0017 2 Mound City Council Minutes — February 28, 2006 MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -31: RESOLUTION ADOPTING A LAND USE PLAN AMENDMENT TO THE MOUND COMPREHENSIVE PLAN FOR 5776 BARTLETT BOULEVARD — PID #23- 117 -24 -14 -0017. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -32: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE STREET FOR THE PROPERTY LOCATED AT 5776 BARTLETT BOULEVARD — PID #23- 117 -24 -14 -0017. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -33: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING THE WATER RESOURCE PERMIT APPLICATION FOR FLOODPLAIN ALTERATION AND EROSION CONTROL FROM 10 SPRING INC. FOR 5776 BARTLETT BOULEVARD — PID #23 -117- 24 -14 -0017. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06 -34: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND TO APPROVE A WETLANDS PERMIT APPLICATION FROM 10 SPRING, INC. IN CONJUNCTION WITH DEVELOPMENT AT 5776 BARTLETT BOULEVARD — PID #23- 117 -24 -14 -0017. MOTION by Osmek, seconded by Brown to reconsider Resolution No. 06 -30. All voted in favor. Motion carried. It was noted that the resolution should read that this is the preliminary plat. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 06 -30: A RESOLUTION APPROVING A PRELIMINARY PLAT AND VARIANCE FOR LAKE FRONTAGE MINIMUM FOR THE PROPERTY LOCATED AT 5776 BARTLETT BOULEVARD. P &Z CASES #05- 80 THROUGH #05 -83 — PID #23- 117 -24 -14 -0017. 3 Mound City Council Minutes — February 28, 2006 7. Miscellaneous /Correspondence A. Questions and comments from Councilmembers — Osmek thanked Businaro for supplying him with line item explanations on the Parks position upgrade. The cost for this position is more like $30,000 than the $18,000 proposed in the budget (including all benefits). Meisel asked the reason for this discrepancy and Businaro explained. Specht asked what amount will be saved in unemployment by putting this individual full -time and Businaro stated about $3,500. Brown questioned why the Council was not given those numbers before the budget was approved. B. Reports: POSD 2006 Chair & Vice Chair and Work Rules C. Minutes: February 13, 2006 Planning Commission minutes D. Correspondence: Letter from Chief Kurtz Planning Case Update from Sarah Smith LMC Information /Eminent Domain — Mayor Meisel asked for input from the Council on this topic. John Dean stated that the legislature will consider the use of eminent domain in this session. The legislation proposed is an effort to eliminate the ability of cities in almost every instance to acquire private property for the purpose of redevelopment by other private property owners, by greatly changing the criteria. Osmek would like to see the final version of the bill before taking a side on this issue. 8. Adjourn MOTION by Specht, seconded by Brown to adjourn at 8:23 p.m. All voted in favor. Motion carried. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 0 MARCH 14, 2006 CITY COUNCIL MEETING TOTAL $4169 69.96 123105S U E $8,148.00 DEC 022106CHARCD $71220.38 FEB 030106S U E $413.00 MAR 030806S U E $9,719.55 MAR 031406SUE $391,369.03 MAR TOTAL $4169 69.96 City of Mound 03/09/06 9:00 AM Page 1 (f Payments I, CITY OF MOUND Current Period: December 2005 Batch Name 123105SUE7 User Dollar Amt $8,148.00 Payments Computer Dollar Amt $8,148.00 $0.00 In Balance Refer 123105 GRAND PERE WINES, INCORPOR AP Payment E 609 -49750 -253 Wine For Resale WINE $748.00 Invoice 15882 12/31/2005 Transaction Date 12/3112005 Due 12/31/2005 Accounts Payable 20200 Total $748.00 Refer 123105 HENNEPIN COUNTY PUBLIC WOR AP Payment E 601 - 49400 -455 Permits 4TH QTR UTILITY PERMITS $215.00 Invoice UTIL00686 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $215.00 Refer 123105 PAUL A WALRDON, ASSOC (FIRE) AP Payment E 222 -42260 -308 Building Inspection Fees 10 -26 -05 THRU 12 -31 -05 FIRE INSPECTIONS $980.00 Invoice 123105 12/31/2005 Transaction Date 12131/2005 Due 12/31/2005 Accounts Payable 20200 Total $980.00 Refer 123105 WIDMER CONSTRUCTION, LLC AP Payment E 601 - 49400 -400 Repairs & Maint Contract 07 -11 -05 DICKENS /HAWTHORNE $6,205.00 Invoice 1066 12/31/2005 Transaction Date 12/31/2005 Due 12/31/2005 Accounts Payable 20200 Total $6,205.00 Fund Summary 20200 Accounts Payable 222 AREA FIRE SERVICES $980.00 601 WATER FUND $6,420.00 609 MUNICIPAL LIQUOR FUND $748.00 $8,148.00 Pre - Written Check $0.00 Checks to be Generated by the Compute $8,148.00 Total $8,148.00 City of Mound 02/28/06 9:21 AM Page 1 ---. 'l Payments CITY OF MOUND Current Period: February 2006 h+fl" W' JAU. , .. w.x aza.a;tiaag,?y,¢Y .,za*95•N. , ww .yea ..� . 4roV z»'1.Mlrveciv`i3YxrrnkmWwM a.m»cwssw'a,.�„u,^tmaF .. vm+';.x. m+ukww. Batch Name 022106CHARCD User Dollar Amt $7,220.38 Payments Computer Dollar Amt $7,220.38 $0.00 In Balance Refer 22106 ELAN CREDIT CARD Ck# 099129 2/21/2006 Cash Payment E 101 -43100 -322 Postage 01 -09 -06 USPS $11.63 Invoice 022106 2/21/2006 Cash Payment E 101 - 43100 -434 Conference & Training 01 -10 -06 MN RURAL WATER,NELSON $41.67 Invoice 022106 2/21/2006 Cash Payment E 601 - 49400 -434 Conference & Training 01 -10 -06 MN RURAL WATER,NELSON $41.67 Invoice 022106 2/21/2006 Cash Payment E 602 -49450 -434 Conference & Training 01 -10 -06 MN RURAL WATER,NELSON $41.66 Invoice 022106 2/21/2006 Cash Payment E 601 -49400 -434 Conference & Training 01 -10 -06 MN RURAL WATER,TACHNEY $125.00 Invoice 022106 2121/2006 Cash Payment E 101 - 43100 -430 Miscellaneous 01 -15 -06 MYWEATHER $1.98 Invoice 022106 2/21/2006 Cash Payment E 601 -49400 -430 Miscellaneous 01 -15 -06 MYWEATHER $1.98 Invoice 022106 2/21/2006 Cash Payment E 602 -49450 -430 Miscellaneous 01 -15 -06 MYWEATHER $1,99 Invoice 022106 2/21/2006 Cash Payment E 101 -43100 -226 Sign Repair Materials 01 -24 -06 SIGNCAD SYSTEMS,03 -01 -06 THRU $962.35 02 -28 -07 MAINTENANCE Invoice 022106 2/21/2006 Cash Payment E 101 - 43100 -434 Conference & Training 01 -24 -06 AMERICAN TRAFFIC $95.00 SAFETY,GRADY Invoice 022106 2/21/2006 Cash Payment E 101 - 43100 -434 Conference & Training 01 -24 -06 AMERICAN TRAFFIC SAFETY,GEISE $95.00 Invoice 022106 2/21/2006 Cash Payment E 101 -42400 -210 Operating Supplies 01 -31 -06 DELL CATALOG SALES,BATTERY $114.98 FOR LAPTOP Invoice 022106 2/21/2006 Cash Payment E 101 -41910 -210 Operating Supplies 01 -19 -06 INNET7 $32.95 Invoice 022106 2/21/2006 Cash Payment E 101 -41920 -210 Operating Supplies 01 -31 -06 TIGER DIRECT USB 2.0 $21.98 Invoice 022106 2/21/2006 Cash Payment E 222 -42260 -210 Operating Supplies 01 -23 -06 SUMMIT RACING EQUIP.WASHING $157.36 EQUIP Invoice 022106 2/21/2006 Cash Payment E 609 - 49750 -430 Miscellaneous 01 -21 -06 FRANKLIN COVEY $8,47 Invoice 022106 2/21/2006 PO 19524 Cash Payment E 609 - 49750 -430 Miscellaneous 01 -25 -06 OFFICE MAX, PRESENTATION $78.76 PAPER Invoice 022106 2/21/2006 Cash Payment E 101-42110-430 Miscellaneous 01 -11 -06 EBAY,KURTZ REIMBURSE $81.05 Invoice 022106 2/21/2006 Cash Payment E 101 -42110 -500 Capital Outlay FA 01 -17 -06 HPSHOPPING NOTEBOOK PC $1,711.97 -- Invoice 022106 2121/2006 Cash Payment E 101 - 42110 -200 Office Supplies 01 -19 -06 HPSHOPPING PRINTER $119.99 CARTRIDGE Invoice 022106 2/21/2006 ~� __ City of Mound 02/28/06 9:21 AM rr� Page 2 Payments CITY OF MOUND Current Period: February 2006 Cash Payment E 101 - 42110 -404 Repairs /Maint Machinery 01 -23 -06 STARWEST CHEV PAINT FOR $9.81 INVESTIGATOR SQUAD Invoice 022106 2/21/2006 Cash Payment E 101 - 43100 -210 Operating Supplies 01 -23 -06 OFFICE MAX $14.69 Invoice 022106 2/21/2006 Cash Payment E 101- 42110 -404 Repairs /Maint Machinery 01 -27 -06 GERRINGS CAR WASH #845 $12.73 Invoice 022106 2/21/2006 Cash Payment E 101 - 42110 -434 Conference & Training 01 -28 -06 HOLIDAY INN DULUTH,NICCUM $216.96 Invoice 022106 2/21/2006 Cash Payment E 101 - 42110 -430 Miscellaneous 01 -26 -06 WOLF CAMERA FILM PROCESSING $6.81 Invoice 022106 2/2112006 Cash Payment E 101 -42400 -200 Office Supplies 01 -06 -06 DYMO CORP CLEAR LABELS $48.69 Invoice 022106 2/21/2006 Cash Payment E 101 -43100 -200 Office Supplies 01 -06 -06 DYMO CORP CLEAR LABLES $48.69 Invoice 022106 2/21/2006 Cash Payment E 601 - 49400 -200 Office Supplies 01 -06 -06 DYMO CORP CLEAR LABELS $48.69 Invoice 022106 2/21/2006 Cash Payment E 602 -49450 -200 Office Supplies 01 -06 -06 DYMO CORP CLEAR LABELS $48.68 Invoice 022106 2/21/2006 Cash Payment E 101 - 42400 -434 Conference & Training 02 -01 -06 MECA SERVICE RETURN - $18.75 Invoice 022106 2/21/2006 Cash Payment E 101 - 43100 -434 Conference & Training 02 -01 -06 MECA SERVICE RETURN - $18.75 Invoice 022106 2/21/2006 Cash Payment E 601- 49400 -434 Conference & Training 02 -01 -06 MECA SERVICE RETURN - $18.75 Invoice 022106 2/21/2006 Cash Payment E 602 - 49450 -434 Conference & Training 02 -01 -06 MECA SERVICE RETURN - $18.75 Invoice 022106 2/21/2006 Cash Payment E 101 - 45200 -500 Capital Outlay FA 01 -10 -06 SEARS TOOLS $1,256.69 Invoice 022106 2/21/2006 Cash Payment E 101 -45200 -500 Capital Outlay FA 01 -10 -06 SEARS TOOLS $1,240.54 Invoice 022106 2/21/2006 Cash Payment E 101 -45200 -500 Capital Outlay FA 01 -20 -06 SEARS TOOLS $219.96 Invoice 022106 2/21/2006 Cash Payment E 281 -45210 -500 Capital Outlay FA 01 -20 -06 SEARS TOOLS $375.00 Invoice 022106 2121/2006 Transaction Date 2/14/2006 Wells Fargo 10100 Total $7,220.38 City of Mound 02/28/06 9:21 AM Page 3 Payments 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 Current Period: February 2006 10100 Wells Fargo $6,328.62 $157.36 $375.00 $198.59 $73.58 $87.23 $7,220.38 Pre - Written Check $7,220.38 Checks to be Generated by the Compute $0.00 Total $7,220.38 City of Mound 03/01/06 3:29 PM Page 1 Payments CITY OF MOUND Current Period: March 2006 Batch Name 030106SUE User Dollar Amt $413.00 Payments Computer Dollar Amt $413.00 $0.00 In Balance Refer 30106 NELSON, JOYCE Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $159.99 Invoice 030160 3/1/2006 Cash Payment E 101 -43100 -305 Medical Services 02 -27 -06 EYE EXAM $16.67 Invoice 030160 3/1/2006 Cash Payment E 601 - 49400 -305 Medical Services 02 -27 -06 EYE EXAM $16.67 Invoice 030160 3/1/2006 Cash Payment E 602 -49450 -305 Medical Services 02 -27 -06 EYE EXAM $16.66 Invoice 030160 3/1/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $209.99 Refer 30106 N/CCUM, DANIEL- Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $203.01 Invoice 030106 3/1/2006 Transaction Date 3/1/2006 Wells Fargo 10100 Total $203.01 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $379.67 601 WATER FUND $16.67 602 SEWER FUND $16.66 $413.00 Pre - Written Check $0.00 Checks to be Generated by the Compute $413.00 Total $413.00 ff .:: _ City Of Mound 03/08/06 10:51 AM /r Page 1 Payments CITY OF MOUND Current Period: March 2006 uti .'. Batch Name 030806SUE User Dollar Amt $9,719.55 Payments Computer Dollar Amt $9,719.55 $0.00 In Balance Refer 30806 BARB, PAUL Cash Payment E 222 -42260 -434 Conference & Training 03 -05 -06 NORTH $250.00 MANKATO,VENTALATION /FIRE ALARMS Invoice 030806 3/8/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $250.00 Refer 30806 CARQUESTAUTO PARTS (FIRE)V Cash Payment E 222 - 42260 -409 Other Equipment Repair XBO 8030AA $303.53 Invoice 1347 3/8/2006 Transaction Date 3/6/2006 � Wells Fargo 10100 Total $303.53 Refer 30806 CASH, PETTY CASH Cash Payment E 101 -42110 -210 Operating Supplies REPLENISH PETTY CASH MISCELLANEOUS $237.95 ITEMS Invoice 030806 3/8/2006 PO 19432 Transaction Date 3/3/2006 Wells Fargo 10100 Total $237.95 Refer 30806 MORRISON COUNTY�� Cash Payment G 101 -22801 Deposits /Escrow JENSEN, WARRANT #W16441 $150.00 i Invoice 030806 3/8/2006 Transaction Date 3/3/2006 .. ,.w u l ,M11-11 1-1.. -- x,�-1 mo. ,r Wells Fargo 10100 Total $150.00 One' Fla7 C6 NT -7411saw ,a to Y!?t9&- Refer 30806 NEXTEL COMMUNICATIONS (FIRE Cash Payment E 222 -42260 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 CELL PHONES $67.01 Invoice 030806 3/8/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $67.01 Refer 30806 NEXTEL COMMUNICATIONS (PAR �� Cash Payment E 101 - 45200 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 612- 221 -6740 $32.65 Invoice 886763315 -051 3/8/2006 Cash Payment E 101 -45200 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 612 - 221 -6794 $14.01 Invoice 886763315 -051 3/8/2006 Cash Payment E 101 -45200 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 612 - 221 -6812 $80.41 Invoice 886763315 -051 3/8/2006 Cash Payment E 101 -45200 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 612 - 221 -8385 $33.66 Invoice 886763315 -051 3/8/2006 Cash Payment E 101 -45200 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 612 - 363 -5883 $27.28 Invoice 886763315 -051 3/8/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $188.01 Refer 30806 NEXTEL COMMUNICATIONS (POLL �^ Cash Payment E 101 - 42110 -321 Telephone & Cells 01 -19 -06 THRU 02 -18 -06 CELL PHONES $562.02 Invoice 030806 3/8/2006 Transaction Date 3/212006 Wells Fargo 10100 Total $562.02 Refer 30806 NORLANDER, JILL City of Mound 03/08/06 10:51 AM Page 2 Payments CITY OF MOUND Current Period: March 2006 Cash Payment G 101 -21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT Invoice 030806 3/8/2006 $3.07 Transaction Date 3/3/2006 Wells Fargo 10100 Total $3.07 Refer 30806 PEDERSON, GREG Cash Payment G 101 -21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $543.34 Invoice 030806 3/8/2006 Cash Payment E 222 -42260 -430 Miscellaneous REIMBURSE REGISTRATIONS,TITLES,ETC $202.37 Invoice 030806 3/812006 Transaction Date 3/3/2006 � Wells Fargo 10100 Total $745.71 Refer 30806 RANDY'S SANITATION Cash Payment E 101 -41910 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $91.46 Invoice 030806 318/2006 Transaction Date 313/2006 Wells Fargo 10100 Total $91.46 Refer 30806 SMITH, SARAH Cash Payment G 101 -21715 Flex Plan Medical 2005 MEDICAL REIMBURSEMENT $300.00 Invoice 030806 31812006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $300.00 Refer 30806 SPEEDWAY SUPERAMERICA (FIR Cash Payment E 222 - 42260 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $308.30 Invoice 030806 3/8/2006 Transaction Date 2/2812006 Wells Fargo 10100 Total $308.30 Refer 30806 SPEEDWAY SUPERAMERICA (P/W Cash Payment E 101 -45200 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $20.70 Invoice 030806 3/8/2006 Cash Payment E 101 -43100 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $1,556.02 Invoice 030806 3/8/2006 Cash Payment E 601 -49400 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $585.10 Invoice 030806 3/812006 Cash Payment E 602 -49450 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $787.37 Invoice 030806 3/8/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $2,949.19 Refer 31406 SPEEDWAY SUPERAMERICA (PAR��� Cash Payment E 101 - 45200 -212 Motor Fuels THRU 02 -21 -06 GASOLINE CHARGES $508.51 Invoice 030806 3/8/2006 Transaction Date 2128/2006 Wells Fargo 10100 Total $508.51 Refer 30806 SPEEDWAY SUPERAMERICA (POL Cash Payment E 101 - 42110 -212 Motor Fuels THRU 02 -22 -06 GASOLINE CHARGES $2,408.58 Invoice 030806 3/8/2006 Transaction Date 3/212006 Wells Fargo 10100 Total $2,408.58 Refer 30806 SWARTZER, BRIAN Cash Payment G 101 -21715 Flex Plan Medical 2006 MEDICAL REIMBURSEMENT $92.00 Invoice 030806 3/8/2006 Cash Payment E 101 -45200 -305 Medical Services 02 -21 -06 EYE EXAM $50.00 Invoice 030806 3/8/2006 Cash Payment E 101 - 45200 -305 Medical Services 2006 EYE GLASS REIMBURSEMENT $202.98 Invoice 030806 3/8/2006 .•1 City of Mound 03/08/06 10:51 AM Page 3 Payments CITY OF MOUND Current Period: March 2006 a Transaction Date 3/3/2006 Wells Fargo 10100 Total $344.98 Refer 30806 VER/ZON WIRELESS (PM/) Cash Payment E 101 -43100 -321 Telephone & Cells 02 -17 -06 SHARE CELL PHONES $47.08 Invoice 030806 3/8/2006 Cash Payment E 601 -49400 -321 Telephone & Cells 02 -17 -06 SHARE CELL PHONES $47.08 Invoice 030806 3/8/2006 Cash Payment E 602 -49450 -321 Telephone & Cells 02 -17 -06 SHARE CELL PHONES $47.08 Invoice 030806 3/8/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $141.24 Fund Summary 10100 Wells Fargo 101 GENERAL FUND $7,121.71 222 AREA FIRE SERVICES $1,131.21 601 WATER FUND $632.18 602 SEWER FUND $834.45 $9,719.55 Pre - Written Check $0.00 Checks to be Generated by the Compute $9,719.55 Total $9,719.55 -691- Invoice 42604 3/14/2006 PO 19532 Transaction Date 3/6/2006 Wells Fargo 10100 Total $2,266.62 Refer 31406 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $47.80 Invoice 463605906 3/14/2006 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE $24.40 Invoice 463605305 3/1412006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $72.20 Refer 31406 BELLBOY CORPORATION Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $276.54 Invoice 41182800 3/14/2006 -692- City of Mound 03/09/06 11:06 AM Page 1 Payments CITY OF MOUND Current Period: March 2006 4Z,": a Batch Name 031406SUE User Dollar Amt $391,369.03 Payments Computer Dollar Amt $391,369.03 $0.00 In Balance Refer 31406 ACTION RADIO AND COMMUNICA Cash Payment E 101 -42115 -210 Operating Supplies LIGHT /SIREN CONTROL,ETC $1,830.68 Invoice 4414 3/14/2006 PO 19424 Cash Payment E 101 - 42110 -404 Repairs /Maint Machinery #845 PUSH BUMPER $187.50 Invoice 4701 3/14/2006 PO 19428 Transaction Date 3/2/2006 Wells Fargo 10100 Total $2,018.18 Refer 31406 ALLIED WASTE SERVICES #894 Cash Payment E 101 -43100 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $41.88 Invoice 031406 3/14/2006 Cash Payment E 601 - 49400 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $41.88 Invoice 031406 3114/2006 Cash Payment E 602 -49450 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $41.88 Invoice 031406 3/1412006 Cash Payment E 222 -42260 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $89.73 Invoice 031406 3/14/2006 Cash Payment E 101-42110-384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $89.72 Invoice 031406 3/14/2006 Cash Payment E 101 - 45200 -384 Refuse /Garbage Dispos 02 -06 GARBAGE SERVICE $65.13 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $370.22 Refer 31406 AMERICAN MESSAGING Cash Payment E 222 - 42260 -322 Postage 02 -06 PAGING SERVICE $115.64 Invoice 8000092502333 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $115.64 Refer 31406 AMUNDSON, M. LLP Cash Payment E 609 -49750 -255 Misc Merchandise For R CIGARETTES $562.68 Invoice 196212 3/1412006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $562.68 Refer 31406 ANCOM TECHNICAL CENTER Cash Payment E 222 - 42260 -325 Pagers -Fire Dept. NYLON CARRY CASE $51.65 Invoice 42725 3/14/2006 Cash Payment E 222 -42260 -325 Pagers -Fire Dept. MINITOR PAGERS $2,214.97 Invoice 42604 3/14/2006 PO 19532 Transaction Date 3/6/2006 Wells Fargo 10100 Total $2,266.62 Refer 31406 ARCTIC GLACIER PREMIUM ICE Cash Payment E 609 -49750 -255 Misc Merchandise For R ICE $47.80 Invoice 463605906 3/14/2006 Cash Payment E 609 - 49750 -255 Misc Merchandise For R ICE $24.40 Invoice 463605305 3/1412006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $72.20 Refer 31406 BELLBOY CORPORATION Cash Payment E 609 -49750 -255 Misc Merchandise For R MERCHANDISE $276.54 Invoice 41182800 3/14/2006 -692- City of Mound 03/09/06 11:06 AM Total $129.40 Refer 31406 Page 2 3/14/2006 PO 19530 Payments Cash Payment E 222 -42260 -205 Computer Software ANNUAL VIRUS UPDATE $65.63 CITY OF MOUND 3/14/2006 3/14/2006 Current Period: March 2006 Cash Payment ...us. nx`. wan +��iSFawAwv'�ra, iP+tvrw+V.^!. �ta.A4'`nvh -V �L �.��,��'ikuti rv+a�4•n'Y r°�a#:h�M vnAxxmssra�,., a .uX.. v .wx .: Cash Payment E 609 -49750 -253 Wine For Resale WINE $722.90 Invoice 36274200 3/14/2006 Transaction Date 3/6/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $768.40 Invoice 36273200 3/14/2006 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,350.50 Invoice 36307200 3/14/2006 Invoice 031406 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $1,422.25 Invoice 36376500 3/14/2006 3/4 MINUS (CL 2) $129.80 Cash Payment E 609- 49750 -251 Liquor For Resale LIQUOR $2,119.18 Invoice 36384500 3/1412006 Transaction Date 2/2812006 Wells Fargo 10100 Total $7,659.77 Refer 31406 BERRY COFFEE COMPANY Cash Payment E 222 - 42260 -210 Operating Supplies COFFEE $89.00 Invoice 546866 3/14/2006 Cash Payment E 222 - 42260 -430 Miscellaneous COFFEE $63.90 Invoice 550830 3/1412006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $152.90 Refer 31406 BORDER STATES ELECTRIC SUP Cash Payment E 101 -43100 -230 Shop Materials Invoice 94977236 3114/2006 Cash Payment E 601 - 49400 -230 Shop Materials Invoice 94977236 3/14/2006 Cash Payment E 602 -49450 -230 Shop Materials Invoice 94977236 3/14/2006 LIGHT BULBS $43.13 LIGHT BULBS $43.13 LIGHT BULBS $43.14 Transaction Date 3/2/2006 Wells Fargo 10100 Total $129.40 Refer 31406 BRAND NETWORKING 3/14/2006 PO 19530 Cash Payment E 222 -42260 -205 Computer Software ANNUAL VIRUS UPDATE $65.63 Invoice 16058 3/14/2006 3/14/2006 Cash Payment E 101 -42110 -205 Computer Software ANNUAL VIRUS UPDATE $65.63 Invoice 16058 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $131.26 Refer 31406 BRYAN ROCK PRODUCTS 3/14/2006 Cash Payment E 601 - 49400 -224 Street Maint Materials 3/4 MINUS (CL 2) $129.81 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -224 Street Maint Materials 3/4 MINUS (CL 2) $129.80 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $259.61 Refer 31406 CARDIAC SCIENCE, INC. Cash Payment E 222 -42260 -219 Safety supplies AED BATTERY $260.93 Invoice 757810 3/14/2006 PO 19530 Cash Payment E 222 - 42260 -219 Safety supplies AED BATTERY $436.72 Invoice 767129 3/14/2006 Transaction Date �31406�CHADWICKAND 3/6/2006 Wells Fargo 10100 Total $697.65 r'^ Refer MER7Z Cash Payment E 101 -41600 -300 Professional Srvs 02 -06 PROSECUTION SERVICES $3,697.50 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $3,697.50 -693- City of Mound 03/09/06 11:06 AM Page 3 Payments CITY OF MOUND Current Period: March 2006 Refer 31406 CLAREY'S SAFETY EQUIPMENT, I Cash Payment E 222 -42260 -210 Operating Supplies RANGER LEATHER BUNKER $245.13 Invoice 48116 3/14/2006 PO 18864 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $245.13 Refer 31406 CLASSIFIEDS, ROUNDUP, LAKER,� $17.95 Invoice 352246 Cash Payment E 101 -43100 -328 Employment Advertising 02 -04 -06 CLASSIFIED $32.11 Invoice 203477 3/14/2006 BEER Cash Payment E 601 - 49400 -328 Employment Advertising 02 -04 -06 CLASSIFIED $32.11 Invoice 203477 3/14/2006 Transaction Date 312/2006 Cash Payment E 602 -49450 -328 Employment Advertising 02 -04 -06 CLASSIFIED $32.12 Invoice 203477 3/14/2006 Transaction Date 3/9/2006 Wells Fargo 10100 Total $96.34 Refer 31406 COCA COLA BOTTLING - MIDWEST 3/14/2006 Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $211.60 Invoice 80517074 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $211.60 Refer � 31406 DAVIES WATER EQUIPMENT Cash Payment E 601 -49400 -220 Repair /Maint Supply METERS,METER CPLG $1,088.66 Invoice S010004968.001 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $1,088.66 Refer 31406 DAY DISTRIBUTING COMPANY Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,587.75 Invoice 352245 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $17.95 Invoice 352246 3/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,217.70 Invoice 353220 3/14/2006 Transaction Date 312/2006 Wells Fargo 10100 Total $2,823.40 Refer 31406 EHLERS AND ASSOCIATES, INC. Cash Payment G 101 -22908 Mound Harbor Renaissance 01 -06 MOUND HARBOR RENAISSANCE $1,050.00 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $1,050.00 Refer 31406 EMERGENCY APPARATUS MA1NT Cash Payment E 222 - 42260 -409 Other Equipment Repair #29 REPAIRS /PARTS $1,328.67 Invoice 19529 3/14/2006 Transaction Date .,FIRE 3/8/2006 Wells Fargo 10100 Total $1,328.67 Refer 31406 CHI� CHIEFS, INTNAL ASSOC /ATI Cash Payment E 222 - 42260 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $170.00 Invoice 031406 3114/2006 Transaction Date 3/9/2006 Wells Fargo 10100 Total $170.00 Refer 31406 FIRE MARSHALLS ASSOC MINNES����� Cash Payment E 222 - 42260 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $5.00 Invoice 031406 3114/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $5.00 Refer 31406 FIRE RESCUE SCHOOL, STATE M Refer 31406 FULLERTON BUILDING CENTER Cash Payment E 281 -45210 -500 Capital Outlay FA WOOD,ETC $795,47 Invoice 2095448 3/14/2006 PO 18936 Cash Payment E 281 -45210 -500 Capital Outlay FA SALES TAX $51.71 Invoice 2095448 3/14/2006 PO 18936 Transaction Date . t 3/7/2006 City Of Mound 03/09/06 11 :06 AM Refer 31406 G & K SERVICES Page 4 -- E 101 - 43100 -218 Clothing and Uniforms Payments $48,07 �_ CITY OF MOUND 3/14/2006 Current Period: March 2006 E 601 -49400 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS $17.85 Cash Payment E 222 - 42260 -434 Conference & Training FIRE TRAINING $320.00 Invoice 031406 3/14/2006 E 602 -49450 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS Transaction Date 316/2006 Wells Fargo 10100 Total $320.00 Refer 31406 FIRSTLAB E 101 -45200 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS Cash Payment E 101 -45200 -305 Medical Services DRUG SCREENING,BERENT $36.50 Invoice 128265 3/14/2006 E 101 - 43100 -230 Shop Materials 02 -21 -06 MATS Cash Payment E 101 -43100 -305 Medical Services DRUG SCREENING,JOHNSON $36.50 Invoice 128265 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $73.00 Refer 31406 FRONTIER/CITIZENS COMMUNICA�� Cash Payment E 101 - 41910 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $1,061.00 Invoice 031406 3/14/2006 Cash Payment E 101 -42110 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $442.09 Invoice 031406 3/14/2006 Cash Payment E 222 -42260 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $265.25 Invoice 031406 3114/2006 Cash Payment E 101 - 43100 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $563.09 Invoice 031406 3/14/2006 Cash Payment E 601 -49400 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $563.09 — . Invoice 031406 3/14/2006 Cash Payment E 602 - 49450 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $563.09 Invoice 031406 3/14/2006 Cash Payment E 101 -45200 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $19,55 Invoice 031406 3/14/2006 Cash Payment E 609 -49750 -321 Telephone & Cells 02 -06 TELEPHONE SERVICE $735.98 Invoice 031406 3/14/2006 Transaction Date �FROVARP, 3/7/2006 Wells Fargo 10100 Total $4,213.14 Refer 31406 ROBERT Cash Payment. R 281 -45210 -34745 Wait List Fee 2005/2006 REFUND DOCK FEE $40.00 Invoice 031406 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $40.00 Refer 31406 FULLERTON BUILDING CENTER Cash Payment E 281 -45210 -500 Capital Outlay FA WOOD,ETC $795,47 Invoice 2095448 3/14/2006 PO 18936 Cash Payment E 281 -45210 -500 Capital Outlay FA SALES TAX $51.71 Invoice 2095448 3/14/2006 PO 18936 Transaction Date . t 3/7/2006 Wells Fargo 10100 Total $847.18 Refer 31406 G & K SERVICES Cash Payment E 101 - 43100 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS $48,07 Invoice 6712998 3/14/2006 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS $17.85 Invoice 6712998 3/14/2006 Cash Payment E 602 -49450 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS $24.57 Invoice 6712998 3/14/2006 Cash Payment E 101 -45200 -218 Clothing and Uniforms 02 -21 -06 UNIFORMS $8.20 Invoice 6712998 3/14/2006 Cash Payment E 101 - 43100 -230 Shop Materials 02 -21 -06 MATS $30.53 Invoice 6712998 3/14/2006 -695- Invoice 6719486 3/14/2006 Transaction Date 3/9/2006 Wells Fargo 10100 Total $705.84 Refer 31406 GARY'S DIESEL SERVICE Cash Payment City of Mound 03/09/06 11:06 AM Invoice 69999 3/14/2006 Page 5 E 101 - 43100 -404 Repairs /Maint Machinery #186 REPAIRS Payments 3/14/2006 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery #183 REPAIRS CITY OF MOUND Invoice 69723 3/14/2006 Current Period: March 2006 E 101 - 43100 -404 Repairs /Maint Machinery #183 REPAIRS $11.84 '•��xmy «?r'?uV 4 {o-E .nY (S pi*AiRaA`x�bik`�"LF `T§wnu+.. i5 i aeuNFrdxw— miwafn is a . e,u -..an, t?..- Cash Payment E 601 -49400 -230 Shop Materials 02 -21 -06 MATS $30.53 Invoice 6712998 3/14/2006 Cash Payment Cash Payment E 602 -49450 -230 Shop Materials 02 -31 -06 MATS $30.53 Invoice 6712998 3/14/2006 E 101 -41910 -210 Operating Supplies 02 -06 WATER SERVICE $164.66 Cash Payment E 101 -45200 -223 Building Repair Supplies 02 -28 -06 MATS $42.19 Invoice 6719489 3/14/2006 Refer 31406 _ , .,w -- _.. _...-,�.0 , -.. e 1111111111- -1�.. GOVERNMENT FINANCE OFFICER Cash Payment E 101 - 41910 -460 Janitorial Services 02 -28 -06 MATS $131.05 Invoice 6719490 3/14/2006 Cash Payment E 609 - 49750 -460 Janitorial Services 02 -28 -06 MATS $44.19 Invoice 6719484 3/14/2006 Cash Payment E 101 -42110 -460 Janitorial Services 02 -28 -06 MATS $38.94 Invoice 6719488 3/14/2006 Cash Payment E 222 -42260 -216 Cleaning Supplies 02 -28 -06 MATS $59.09 Invoice 6719487 3/14/2006 Cash Payment E 101 -43100 -218 Clothing and Uniforms 02 -28 -06 UNIFORMS $48.07 Invoice 6719486 3/14/2006 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -28 -06 UNIFORMS $17.85 Invoice 6719486 3/14/2006 Cash Payment E 602 -49450 -218 Clothing and Uniforms 02 -28 -06 UNIFORMS $24.57 Invoice 6719486 3/1412006 Cash Payment E 101 -45200 -218 Clothing and Uniforms 02 -28 -06 UNIFORMS $8.20 Invoice 6719486 3/14/2006 Cash Payment E 101 -43100 -218 Clothing and Uniforms 02 -28 -06 MATS $33.80 Invoice 6719486 3/14/2006 Cash Payment E 601 -49400 -218 Clothing and Uniforms 02 -28 -06 MATS $33.80 Invoice 6719486 3/14/2006 Cash Payment E 602 -49450 -218 Clothing and Uniforms 02 -28 -06 MATS $33.81 Invoice 6719486 3/14/2006 Transaction Date 3/9/2006 Wells Fargo 10100 Total $705.84 Refer 31406 GARY'S DIESEL SERVICE Cash Payment E 101 -43100 -404 Repairs /Maint Machinery #285 REPAIRS $779.92 Invoice 69999 3/14/2006 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery #186 REPAIRS $71.89 Invoice 69637 3/14/2006 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery #183 REPAIRS $21.30 Invoice 69723 3/14/2006 Cash Payment E 101 - 43100 -404 Repairs /Maint Machinery #183 REPAIRS $11.84 Invoice 69941 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $884.95 Refer 31406 GLENWOOD INGLEWOOD Cash Payment E 101 -41910 -210 Operating Supplies 02 -06 WATER SERVICE $6.71 Invoice 1860179 3/14/2006 Cash Payment E 101 -41910 -210 Operating Supplies 02 -06 WATER SERVICE $164.66 Invoice 214083000 3/14/2006 Transaction Date 3/712006 Wells Fargo 10100 ,.,..m, „ , -111,11_1 _. -. Total $171.37 Refer 31406 _ , .,w -- _.. _...-,�.0 , -.. e 1111111111- -1�.. GOVERNMENT FINANCE OFFICER ..-71,,. 11-- --,, ..._ Cash Payment E 101 - 41500 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $155.00 Invoice 031406 3/1412006 PO 19330 City of Mound BEER 03/09/06 11:06 AM Invoice 382200 3/14/2006 Page 6 -- v Payments Refer 31406 HOME DEPOT /GECF(P/lN) CITY OF MOUND Cash Payment E 101 -45200 -220 Repair /Maint Supply VACCUM FILTERS $31.89 Current Period: March 2006 ff tdirt.. 'Nr L`r'�3TV� tra road NkMSMw'iv ' s' a� .v�0'%adk"�'5'�:,d�'.d"�uP i' -. 6+Id.n mw.wl,�Y:• t hiet ?kp'faN'�"'A...uv .mi`k'e' Transaction Date 3/8/2006 Wells Fargo 10100 Total $155.00 Refer 31406 GRIGGS COOPER AND COMPANY Cash Payment E 609 - 49750 -251 Liquor For Resale LIQUOR $2,008.18 Invoice 372855 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $956.37 Invoice 372856 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale CREDIT — LIQUOR - $41.85 Invoice 688554 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $385.03 Invoice 369514 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $10,740.13 Invoice 369330 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $14,047.86 Refer 31406 HAWK LABELING SYSTEMS Cash Payment E 222 -42260 -200 Office Supplies LABEL TAPE $64.80 Invoice 152373 3/14/2006 PO 19539 Transaction Date 3/8/2006 Wells Fargo 10100 Total $64.80 Refer 31406 HENNEPIN COUNTY INFORMATIO Cash Payment E 222 - 42260 -418 Other Rentals 01 -06 RADIO LEASE $1,068.52 ' Invoice 26018033 3/14/2006 Cash Payment E 222 - 42260 -418 Other Rentals 02 -06 RADIO LEASE $1,068.52 Invoice 26028032 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $2,137.04 Refer 31406 HENNEPIN COUNTY SHERIFF'S A Cash Payment E 101 - 41600 -450 Board of Prisoners 01 -06 BOOKING FEE $567.11 Invoice 963 3/1412006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $567.11 Refer 31406 HENNEPIN COUNTY TREASUR (R Cash Payment E 101 - 41600 -450 Board of Prisoners 01 -06 ROOM AND BOARD $1,207.00 Invoice 001324 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $1,207.00 Refer 31406 HENNEPIN COUNTY TREASURER Cash Payment E 101 -41500 -300 Professional Srvs 2006 ANNUAL SPECIAL ASSESSMENTS $1,175.60 Invoice 10- 44720- 671500 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $1,175.60 Refer 31406 HOHENSTEINS, INCORPORATED Cash Payment E 609 -49750 -252 Beer For Resale BEER $79.50 Invoice 382200 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $79.50 Refer 31406 HOME DEPOT /GECF(P/lN) Cash Payment E 101 -45200 -220 Repair /Maint Supply VACCUM FILTERS $31.89 Invoice 02375617013235 3/14/2006 PO 18935 Transaction Date 3/3/2006 Wells Fargo 10100 Total $31.89 Refer 31406 IKON OFFICE MACHINES� -697- City Of Mound 03/09/06 11:06 AM � Page 7 Payments CITY OF MOUND Current Period: March 2006 Cash Payrrlent E 101 -42110 -202 Duplicating and copying 02 -24 -06 THRU 03 -24 -06 COPIER $166.61 MAINTENANCE Invoice 23057915 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $166.61 Refer 31406 1N THE LINE OF DUTY Cash Payment E 101 -42110 -434 Conference & Training SALES VIDEO $115.00 Invoice C03374 3/14/2006 PO 19310 Transaction Date 3/2/2006 - - .1-11-1-11,11.111-1. Wells Fargo 10100 Total $115.00 _ .1 . . ,w. Refer 31406 INFRATEC1. ,. -... , _ _ , 41 -8 . 1 -11-1 _ . -��l A _ "- - ..-.. . , . Cash Payment E 601 - 49400 -220 Repair /Maint Supply MARKING PAINT $46.97 Invoice 0600199 3114/2006 PO 19471 Transaction Date 3/6/2006 Wells Fargo 10100 Total $46,97 Refer 31405 JAKUBIK, MATTHEW Cash Payment E 222 -42260 -200 Office Supplies REIMBURSE OFFICE SUPPLIES $87.27 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $87.27 Refer 31406 JANI -KING OF MINNESOTA, INCOR s Cash Payment E 101 - 41910 -460 Janitorial Services 03 -06 CLEANING SERVICE $1,227.95 Invoice MIN03060533 3/14/2006 Cash Payment E 222 - 42260 -460 Janitorial Services 01 -06 CLEANING SERVICE $342.17 Invoice MIN01060836 3/14/2006 Cash Payment E 101 - 42110 -460 Janitorial Services 01 -06 CLEANING SERVICE $342.17 Invoice MIN01060836 3/14/2006 Cash Payment E 101 -43100 -460 Janitorial Services 03 -06 CLEANING SERVICE $51.12 Invoice MIN03060532 3/14/2006 Cash Payment E 601 -49400 -460 Janitorial Services 03 -06 CLEANING SERVICE $51.12 Invoice MIN03060532 3/14/2006 Cash Payment E 602 - 49450 -460 Janitorial Services 03 -06 CLEANING SERVICE $51.12 Invoice MIN03060532 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $2,065.65 Refer 31406 JESSEN PRESS INCORPORATED Cash Payment E 101 -41110 -350 Printing SPRING 2006 NEWSLETTER $1,157.77 Invoice 52703 3/1412006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $1,157,77 Refer 31406 JOHNSON BROTHERS LIQUOR Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $102.99 Invoice 1036688 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $583.45 Invoice 1036689 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $212.26 Invoice 1036690 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $255.15 Invoice 1040367 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $810.11 Invoice 1040368 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $2,330.90 Invoice 1040369 3/14/2006 City of Mound 03/09/06 11:06 AM ---, -- Page 8 Payments CITY OF MOUND Current Period: March 2006 s v'4..u1,x0 '�',«47!✓x'.... . ?.�- .e ?` i Y&"°' -# "5ra. ri, '+s.na._... ,.a...t Mr aeF; �:-- ,- +s+,p, wk�B. mwMe..irit�snu iMe.�lua'sa�wiMxh ii A�5 ,iz .u'4'v.• Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $34.25 Invoice 1040370 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $4,329.11 Refer 31406 JUBILEE FOODS (FIRE DEPT) Cash Payment E 222 - 42260 -431 Meeting Expense MEETING EXPENSES $356.91 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $356.91 Refer 31406 KENNEDY AND GRAVEN Cash Payment E 101 -41600 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 455 -46386 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment G 101 -22908 Mound Harbor Renaissance Invoice 031406 3/14/2006 Cash Payment E 401 -46377 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 101 -41600 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 101 -41600 -300 Professional Srvs Invoice 031406 3/1412006 Cash Payment E 401 -46388 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 101 -41600 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 101 -41600 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 401 -43110 -300 Professional Srvs Invoice 031406 3/14/2006 Cash Payment E 101 -41600 -316 Legal P & I Invoice 031406 3/14/2006 Cash Payment G 101 -22855 MetroPlains Develop 00 -64 Invoice 031406 3/14/2006 Cash Payment G 101 -22908 Mound Harbor Renaissance Invoice 031406 3/14/2006 Cash Payment E 496 -46580 -500 Capital Outlay FA Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -300 Professional Srvs Invoice 031406 3/14/2006 01 -06 MISC LEGAL $38.50 01 -06 T.I.F. DISTRICT $329.00 01 -06 MOUND HARBOR RENAISSANCE $3,963.80 01 -06 CTY RD 15 REALIGNMENT $200.45 01 -06 DREAMWOOD LAWSUIT $30.00 01 -06 GARDNER LAWSUIT $283.50 01 -06 TRANSIT DISTRICT PARKING $162.00 01 -06 EXECUTIVE $1,098.00 01 -06 ADMINISTRATIVE $312.00 01 -06 2006 RETAINING WALL PROJECT $387.20 Project PWO602 01 -06 MISC PLANNING AND ZONING $588.00 01 -06 METRO PLAINS DEVELOPMENT $138.00 01 -06 MOUND HARBOR RENAISSANSCE $24.00 01 -06 PUBLIC SAFETY BUILDING $90.00 01 -06 2385 BAYRIDGE ROAD EASEMENT $211.30 Transaction Date 316/2006 Wells Fargo 10100 Total $7,855.75 Refer 31406 LAKE MINNETONKA CONSERVATI Cash Payment E 281 - 45210 -430 Miscellaneous 2006 DOCK APPLICATION BALANCE $4,648.00 Invoice 031406 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $4,648.00 Refer 31406 LAKER NEWSPAPER �— Cash Payment E 101 -42400 -351 Legal Notices Publishing ORDINANCE #03 -2006 $95.52 Invoice 2286 3/15/2006 Cash Payment E 101 -42400 -351 Legal Notices Publishing ORDINANCE #5 -2006 $63.68 Invoice 2276 3/15/2006 Transaction Date 3/7/2006 ,. _F ,. r�. �. ., . City of Mound Refer 31406 LOBE TECH, INCORPORATED 03/09/06 11:06 AM Cash Payment E 101 - 43100 -230 Shop Materials DEGREASER $124.14 Page 9 Payments Cash Payment E 601 - 49400 -230 Shop Materials DEGREASER $124.14 Invoice 1282701 3/14/2006 PO 19474 Cash Payment E 602 -49450 -230 Shop Materials CITY OF MOUND Invoice 1282701 3/14/2006 PO 19474 Transaction Date 3/7/2006 Current Period: March 2006 Total $372.41 Refer 31406 MARK Vll DISTRIBUTOR Cash Payment E 101 -42400 -351 Legal Notices Publishing ORDINANCE #02 -2006 $47.76 Invoice 2266 3/1512006 Cash Payment E 101 -42400 -351 Legal Notices Publishing ORDINANCE #04 -2006 $23.88 Invoice 2256 3/15/2006 Cash Payment G 101 -23061 5776 Bartlett Blvd #05-45 Sk 5776 BARTLETT SUB -DIV $37.81 Invoice 2186 3/15/2006 Cash Payment E 101 - 41110 -351 Legal Notices Publishing SUMMARY BUDGET $100.88 Invoice 2185 3/15/2006 Cash Payment E 401 -43106 -300 Professional Srvs 03 -04 -06 STREET IMPROVEMENTS $67.66 Invoice 3046 3/15/2006 Cash Payment G 101 -22908 Mound Harbor Renaissance 03 -04 -06 MOUND HARBOR RENAISSANCE $47.76 Invoice 3066 3/15/2006 Cash Payment E 101 - 41110 -351 Legal Notices Publishing 03 -04 -06 AMEND #350.445 $71.64 Invoice 3056 3/15/2006 Transaction Date 2/28/2006 yLAKER/P10NEER Wells Fargo 10100 Total $556.59 Refer 31406V NEWSPAPER Cash Payment E 609 -49750 -340 Advertising 02 -04 -06 WINE SALE $318.99 Invoice 031406 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $318.99 Refer 31406 LAKESHORE WEEKLY NEWS Cash Payment E 101 -43100 -328 Employment Advertising 01 -19 -06 THRU 02 -28 -06 CLASSIFIED $80.50 Invoice 031406 3/14/2006 Cash Payment E 601 -49400 -328 Employment Advertising 01 -19 -06 THRU 02 -28 -06 CLASSIFIED $80.50 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -328 Employment Advertising 01 -19 -06 THRU 02 -28 -06 CLASSIFIED $80.50 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $241.50 Refer 31406 LEAGUE OF MINNESOTA CITIES - ' "- Cash Payment E 101 - 43100 -434 Conference & Training 2006 SAFETY /LOSS CONTROL $13.32 WORKSHOP,MOORE Invoice 031406 3/14/2006 Cash Payment E 601 - 49400 -434 Conference & Training 2006 SAFETY /LOSS CONTROL $3.34 WORKSHOP,MOORE Invoice 031406 3/14/2006 Cash Payment E 602 - 49450 -434 Conference & Training 2006 SAFETY /LOSS CONTROL $3.34 WORKSHOP,MOORE Invoice 031406 3/14/2006 Transaction Date 3/7/2006 ,. _F ,. r�. �. ., . Wells Fargo 10100 Total $20.00 Refer 31406 LOBE TECH, INCORPORATED .. . ,, , .. _ • ,�d .. Cash Payment E 101 - 43100 -230 Shop Materials DEGREASER $124.14 Invoice 1282701 3/1412006 PO 19474 Cash Payment E 601 - 49400 -230 Shop Materials DEGREASER $124.14 Invoice 1282701 3/14/2006 PO 19474 Cash Payment E 602 -49450 -230 Shop Materials DEGREASER $124.13 Invoice 1282701 3/14/2006 PO 19474 Transaction Date 3/7/2006 Wells Fargo 10100 Total $372.41 Refer 31406 MARK Vll DISTRIBUTOR -700- City of Mound 03/09/06 11:06 AM Page 10 ._.. � Payments CITY OF MOUND Current Period: March 2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,175.70 Invoice 902039 3/1412006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $1,914.00 Invoice 904498 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $35.40 Invoice 904499 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 � Total $3,125.10 Refer 31406 MARLIN'S TRUCKING DELIVERY Cash Payment E 609 -49750 -265 Freight 02 -16 -06 DELIVERY CHARGE $187.00 Invoice 16682 3/14/2006 Cash Payment E 609 - 49750 -265 Freight 02 -20 -06 DELIVERY CHARGE $35.20 Invoice 16694 3/14/2006 Cash Payment E 609 -49750 -265 Freight 02 -22 -06 DELIVERY CHARGE $145.20 Invoice 16716 3/14/2006 Cash Payment E 609 -49750 -265 Freight 02 -22 -06 DELIVERY CHARGE $64.90 Invoice 16720 3/14/2006 Cash Payment E 609 - 49750 -265 Freight 02 -27 -06 DELIVERY CHARGE $23.10 invoice 16732 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $455.40 Refer 31406 MATRX MEDICAL Cash Payment E 222 - 42260 -219 Safety supplies COMBO KIT,RED $27.36 Invoice 8085750 -01 3/14/2006 PO 19523 Cash Payment E 222 -42260 -219 Safety supplies MEDICAL KIT SUPPIES $987.27 Invoice 8184865 -01 3/14/2006 PO 19523 Transaction Date 3/6/2006 Wells Fargo 10100 Total $1,014.63 Refer 31406 METRO FIRE Cash Payment E 222 - 42260 -409 Other Equipment Repair BLOWOUT DISC $42.97 Invoice 23418 3/14/2006 Cash Payment E 222 -42260 -409 Other Equipment Repair PACKING GLAND $200.00 Invoice 23380 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $242.97 Refer 31406 METROPOLITAN COUNCIL SAC C Cash Payment G 602 -21825 SAC Deposits 01 -06 SAC CHARGES $0.00 Invoice 031406 3/14/2006 Cash Payment G 602 -21825 SAC Deposits 02 -06 SAC CHARGES $1,534.50 Invoice 031406 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $1,534.50 Refer 31406 MINNESOTA DEPT OF HEALTH Cash Payment R 601 -49400 -37170 State fee - Water 01 -01 -06 THRU 03 -31 -06 1ST QTR $4,819.00 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $4,819.00 Refer 31406 MINNESOTA FIRE AGENCIES FUR Cash Payment E 222 -42260 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $35.00 �-^ Invoice 031406 3/1412006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $35.00 Refer 31406 MINNESOTA LABOR AND INDUST -701- City of Mound 03/09/06 11:06 AM Payments Page 11 CITY OF MOUND Current Period: March 2006 Y+.erm+ #rwh� Cash Payment E 101 -43100 -230 Shop Materials 02 -27 -06 CERTIFY BOILERS $6.67 Invoice B42351RO821541 3/14/2006 MINNETONKA PORTABLE DREDGI Cash Payment E 601 -49400 -230 Shop Materials 02 -27 -06 CERTIFY BOILERS $6.67 Invoice B42351RO821541 3/14/2006 $1,250.00 Invoice 031406 Cash Payment E 602 - 49450 -230 Shop Materials 02 -27 -06 CERTIFY BOILERS $6.66 Invoice B42351RO821541 3/14/2006 Wells Fargo 10100 Total $1,250.00 Transaction Date 3/2/2006 Wells Fargo 10100 Total $20.00 Refer 31406 MINNESOTA REGIONAL CORNERS Cash Payment E 101 -43100 -212 Motor Fuels Cash Payment E 101 - 42110 -300 Professional Srvs CASE #06 -150 MEDICAL RECORDS $27.87 Invoice 031506 3/15/2006 PO 19427 Transaction Date 3/3/2006 Wells Fargo 10100 Total $27.87 Refer 123108 MINNESOTA VALLEY TESTING LA� Invoice 031406 3/14/2006 Cash Payment E 601 - 49400 -470 Water Samples COLIFORM, MF - WATER, CHLORINE REPOR $77.50 Invoice 290128 3/14/2006 02 -23 -06 EMINENT DOMAIN MTG $2.55 Transaction Date 3/6/2006 Wells Fargo 10100 Total $77,50 Refer 31406 MINNETONKA CUSTOM HOMES Cash Payment R 101 -42000 -34114 Planning Commission REFUND PUBLIC LANDS PERMIT Invoice 031406 3/14/2006 $200.00 Transaction Date 3/7/2006 Wells Fargo 10100 Total $200.00 Refer 31406 MINNETONKA PORTABLE DREDGI Cash Payment E 675 -49425 -220 Repair /Maint Supply HARRISON HARBOR TOWNHOME RUNOFF $1,250.00 Invoice 031406 3/14/2006 PO 19477 Transaction Date 3/3/2006 Wells Fargo 10100 Total $1,250.00 Refer 31406 MOORE, CARLTON� Cash Payment E 101 -43100 -212 Motor Fuels 02 -23 -06 EMINENT DOMAIN MTG $10.16 Invoice 031406 3/14/2006 Cash Payment E 601 -49400 -212 Motor Fuels 02 -23 -06 EMINENT DOMAIN MTG $2.55 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -212 Motor Fuels 02 -23 -06 EMINENT DOMAIN MTG $2.55 Invoice 031406 3/14/2006 Cash Payment E 101 -43100 -212 Motor Fuels 02 -09 -06 STORMWATER REGULATIONS $16.58 Invoice 031406 3/14/2006 Cash Payment E 601 - 49400 -212 Motor Fuels 02 -09 -06 STORMWATER REGULATIONS $4.15 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -212 Motor Fuels 02 -09 -06 STORMWATER REGULATIONS $4.15 Invoice 031406 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $40.14 Refer 31406 MORAN USA, LLC � � � v � ..... .... Cash Payment E 609 - 49750 -255 Misc Merchandise For R MERCHANDISE $324.49 Invoice 280404 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $324.49 Refer 31406 MOUND FIRE DEPARTMENT Cash Payment E 222 -42260 -180 Fire -Drill Pay 02 -06 MAINTENANCE $996.00 Invoice 031406 3/14/2006 Cash Payment E 222 -42260 -185 Fire - Maintenance Pay 02 -06 DRILLS $730.00 Invoice 031406 3/14/2006 -702- City of Mound 03/09/06 11:06 AM Page 12 Payments CITY OF MOUND Current Period: March 2006 '_ �a Cash Payment F-222-42260-190 Fire - Monthly Salaries 02 -06 SALARIES $7,786.25 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $9,512.25 Refer � 31406 MUZAK- MINNEAPOLIS Cash Payment E 609 -49750 -440 Other Contractual Servic 03 -06 MUSIC SERVICES $97.16 Invoice A649147 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $97.16 Refer 31406 NATIONAL FIRE PROTECTION AS Cash Payment E222-42260-433 Dues and Subscriptions 02 -28 -06 THRU 05 -31 -07 MEMBERSHIP DUES $135.00 Invoice 061406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $135.00 Refer 31406 NATIONAL WATERWORKS Cash Payment E 601 -49400 -220 Repair /Maint Supply CLAMPS AND PIPES $805.52 Invoice 3209749 3/14/2006 PO 19473 Cash Payment E 601 -49400 -220 Repair /Maint Supply BATTERY PACK $119.30 Invoice 3199997 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $924.82 Refer ,31406 NORLANDER, JILL Cash Payment E 101 -42400 -212 Motor Fuels 02 -16 -06 REIMBURSE MILEAGE $34.53 Invoice 031406 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $34.53 Refer 31406 NORTH MEMORIAL EDUCATION Cash Payment E 222- 42260 -434 Conference & Training 03 -04 -06 EMT SCH00, GUSTAFSON $240.00 Invoice LHS0110 3/14/2006 PO 19533 Transaction Date 3/6/2006 Wells Fargo 10100 Total $240.00 Refer 31406 OFFICE DEPOT Cash Payment E 101 -41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.80 Invoice 327219611 -001 3/14/2006 Cash Payment E 101 - 41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.80 Invoice 327219611 -001 3/14/2006 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.80 Invoice 327219611 -001 3/14/2006 Cash Payment E 101 -45200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.80 Invoice 327219611 -001 3/14/2006 Cash Payment E 101 -43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.80 Invoice 327219611 -001 3/14/2006 Cash Payment E 609 -49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $0.92 Invoice 327219611 -001 3/14/2006 Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.86 Invoice 327219611 -001 3/14/2006 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $1.86 Invoice 327219611 -001 3/14/2006 Cash Payment E 101 -42400 -200 Office Supplies INKJET CARTRIDGE $102.40 Invoice 326874504 -001 3/1412006 Cash Payment E 609 -49750 -200 Office Supplies TOILET TISSUE,PAPERTOWELS $100.64 Invoice 32818029 -001 3/14/2006 -703- Invoice 102355 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $42.40 Refer 31406 PROLA INNS ON THE LAKE Cash Payment E 101 - 41910 -400 Repairs & Maint Contract WEED /FERTILIZATION PROGRAM $99.00 Invoice 6919 3/14/2006 PO 18926 -704- City Of Mound 03/09/06 11:06 AM Page 13 Payments CITY OF MOUND Current Period: March 2006 Cash Payment E 101 - 41500 -200 Office Supplies PLANNER $10.83 Invoice 328221588 -0014 3/14/2006 Cash Payment E 101 - 41310 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.18 Invoice 326573145 -001 3/14/2006 Cash Payment E 101 - 41500 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.18 Invoice 326573145 -001 3/14/2006 Cash Payment E 101 -42400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.18 Invoice 326573145 -001 3114/2006 Cash Payment E 101 - 45200 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.18 Invoice 326573145 -001 3/14/2006 Cash Payment E 101 - 43100 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $8.18 Invoice 326573145 -001 3/14/2006 Cash Payment E 609 -49750 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $2.70 Invoice 326573145 -001 3/14/2006 Cash Payment E 601 -49400 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.45 Invoice 326573145 -001 3/14/2006 Cash Payment E 602 -49450 -200 Office Supplies MISCELLANEOUS OFFICE SUPPLIES $5.45 Invoice 326573145 -001 3/14/2006 Transaction Date 3/9/2006 Wells Fargo 10100 Total $287.01 Refer 31406 PAUSTIS AND SONS WINE COMPA� Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $10.50 Invoice 8099601 3/1412006 Cash Payment E 609 -49750 -253 Wine For Resale CREDIT —WINE - $25.66 Invoice 8099605 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $742.00 Invoice 8100248 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $705.84 Refer 31406 PEPSI -COLA COMPANY Cash Payment E 609 -49750 -254 Soft Drinks /Mix For Resa MIX $122.20 Invoice 32280240 3/1412006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $122.20 Refer 31406 PHILLIPS WINE AND SPIRITS INC� Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $351.55 Invoice 2298819 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $1,551.00 Invoice 2298820 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $239.35 Invoice 2301564 3/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $680.70 Invoice 2301565 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $2,822.60 Refer 31406 PLUNKETT'S, INCORPORATED Cash Payment E 609 - 49750 -440 Other Contractual Servic FEB.MAR.APR. PEST CONTROL $42.40 Invoice 102355 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $42.40 Refer 31406 PROLA INNS ON THE LAKE Cash Payment E 101 - 41910 -400 Repairs & Maint Contract WEED /FERTILIZATION PROGRAM $99.00 Invoice 6919 3/14/2006 PO 18926 -704- City Of Mound '—` 03/09/06 11:06 AM ter' Page 14 Payments CITY OF MOUND Current Period: March 2006 µ w uh4 Cash Payment E 101-42110-400 Repairs & Maint Contract WEED /FERTILIZATION PROGRAM $157.50 Invoice 6919 3/14/2006 PO 18926 Cash Payment E 222 -42260 -401 Repairs /Maint Buildings WEED /FERTILIZATION PROGRAM $157.50 Invoice 6919 3/14/2006 PO 18926 Cash Payment E 101 -45250 -400 Repairs & Maint Contract WEED /FERTILIZATION PROGRAM $936.00 Invoice 6919 3/1412006 PO 18926 Cash Payment E 101 - 45200 -400 Repairs & Maint Contract WEED /FERTILIZATION PROGRAM $5,132.00 Invoice 6919 3/14/2006 PO 18926 Transaction Date 3/8/2006 Wells Fargo 10100 Total $6,482.00 Refer 31406 QUALITY WINE AND SPIRITS � z. Cash Payment E 609 - 49750 -253 Wine For Resale WINE $182.16 Invoice 672102 -00 3/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $326.66 Invoice 671793 -00 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $810.57 Invoice 674609 -00 3/14/2006 Cash Payment E 609 -49750 -253 Wine For Resale WINE $68.56 Invoice 672494 -00 3/14/2006 Cash Payment E 609 -49750 -251 Liquor For Resale LIQUOR $162.63 Invoice 675263 -00 3/14/2006 Cash Payment E 609 - 49750 -253 Wine For Resale WINE $1,059.31 Invoice 674902 -00 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $2,609.89 Refer 31406 REYNOLDS WELDING SUPPLY CO Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $22.45 Invoice R01061038 3/14/2006 Cash Payment E 222 - 42260 -418 Other Rentals AIR AND OXYGEN $20.62 Invoice R02061028 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $43.07 Refer 31406 RIDGEVIEW MEDICAL, WACONIA Cash Payment E 222 -42260 -305 Medical Services HEALTH SURVEILLANCE,ETC $299.00 Invoice 031406 311412006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $299.00 Refer 31406 RILEY, DETTMANN, AND KELSEY Cash Payment E 609 - 49750 -300 Professional Srvs JOB CONTENT ASSISTANT MANAGER $225.00 Invoice 7180 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $225.00 Refer 31406 SHOREWOOD TREE SERVICE Cash Payment E 281 - 45210 -533 Tree Removal 4909 ISLANDVIEW TREE REMOVAL $1,917.00 Invoice 5647 3/14/2006 Cash Payment E 281 -45210 -533 Tree Removal ISLANDVIEW DRIVE TREE REMOVAL $1,597.50 Invoice 5648 3/14/2006 Transaction Date 312/2006 Wells Fargo 10100 Total $3,514.50 Refer 31406 ST. JOSEPH EQUIPMENT, INCORP Cash Payment E 101 -43100 -500 Capital Outlay FA BROOM ATTACHMENT FOR STIGA $3,977.62 Invoice VM02859 311412006 PO 19466 Transaction Date 3/6/2006 Wells Fargo 10100 Total $3,977.62 -705- -706- City of Mound 03/09/06 11:06 AM Page 15 Payments CITY OF MOUND Current Period: March 2006 Refer 31406 STA -SAFE LOCKSMITHS COMPAN Cash Payment E 601 - 49400 -440 Other Contractual Servic BRIGHTON/WILSHIRE FROZEN LOCK $65.00 Invoice 16458 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $65.00 Refer 31406 STREICHER'S a Cash Payment E 101 - 42110 -404 Repairs /Maint Machinery GRILL GUARD $191.65 Invoice 1328675 3/14/2006 PO 19309 Cash Payment E 101 -42110 -210 Operating Supplies FINGERPRINT PAD $28.65 Invoice 1330313 3/14/2006 PO 19429 Transaction Date 3/2/2006 Wells Fargo 10100 Total $220.30 Refer 31406 SUBURBAN TIRE WHOLESALE Cash Payment E 101 - 45200 -404 Repairs /Maint Machinery TIRES $463.19 Invoice 10048874 3/14/2006 Cash Payment E 101 - 45200 -404 Repairs /Maint Machinery CREDIT -TIRES - $362.65 Invoice 10048968 3/14/2006 Transaction Date 3/212006 Wells Fargo 10100 ..•31406� Total $100.54 Refer IC SWEEPERSERV VICES Cash Payment E 101 - 43100 -404 Repairs/Maint Machinery REPAIR STREET SWEEPER $1,438.18 Invoice 5731 -B 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $1,438.18 Refer 31406 TAYLOR, J.J. DISTRIBUTING MINN Cash Payment _ E 609 -49750 -252 Beer For Resale BEER $34.50 Invoice 221172 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $2,954.60 Invoice 221173 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $77.00 Invoice 42251 3/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $3,399.85 Invoice 221256 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $6,465.95 Refer 31406 THE BANK OF NEW YORK Cash Payment E 455 -46384 -650 TIF Payments to Develo 01 -08 -05 THRU 01 -31 -06 TIR NOTES SERIES $250.00 2002 Invoice 0936397 3/14/2006 Transaction Date 2128/2006 Wells Fargo 10100 Total $250.00 Refer 31406 THORPE DISTRIBUTING COMPAN Cash Payment E 609 -49750 -252 Beer For Resale BEER $312.00 Invoice 402845 3/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $10,318.70 Invoice 402694 3/14/2006 Cash Payment E 609 -49750 -252 Beer For Resale BEER $0.00 Invoice 402693 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $39.40 Invoice 402692 3/14/2006 Cash Payment E 609 - 49750 -252 Beer For Resale BEER $291.00 Invoice 41428 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $10,961.10 -706- —707— City of Mound 03/09/06 11:06 AM Page 16 Payments CITY OF MOUND Current Period: March 2006 Refer 31406 THRIFTY WHITE DRUG STORE Cash Payment E 222 -42260 -210 Operating Supplies PHOTO PROCESSING $8.16 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $8.16 Refer 31406 THYSSEN -KRUPP ELEVATOR COR Cash Payment E 101 - 41910 -440 Other Contractual Servic 03 -10 -06 THRU 05 -31 -06 ELEVATOR $584.68 MAINTENANCE Invoice 285484 3/14/2006 Transaction Date � G 2/28/2006 Wells Fargo 10100 Total $584.68 Refer 31406 TOTAL REGISTER SYSTEMS, INC. � _ ��������•������� ��� � � � �� Cash Payment E 609 - 49750 -210 Operating Supplies REGISTER ROLL PAPER $118.19 Invoice 19466 3/14/2006 Transaction Date 2/28/2006 Wells Fargo 10100 Total $118.19 Refer 31406 TRI- COUNTY LAW ENFORCEMENT Gash Payment E 101 - 42110 -433 Dues and Subscriptions 2006 MEMBERSHIP DUES $60.00 Invoice 031406 3/14/2006 PO 19431 Transaction Date 3/3/2006 Wells Fargo 10100 Total $60.00 Refer 31406 TRUE VALUE, MOUND Cash Payment E 101 -45200 -220 Repair /Maint Supply MISCELLANEOUS SUPPLIES $51.94 Invoice 031406 3/14/2006 Cash Payment E 281 -45210 -220 Repair /Maint Supply MISCELLANEOUS SUPPLIES $28.93 Invoice 031406 3/14/2006 Cash Payment E 101 - 45200 -223 Building Repair Supplies MISCELLANEOUS SUPPLIES $4.22 Invoice 031406 3/14/2006 Cash Payment E 101 -43100 -230 Shop Materials MISCELLANEOUS SUPPLIES $17,72 Invoice 031406 3/14/2006 Cash Payment E 601 - 49400 -230 Shop Materials MISCELLANEOUS SUPPLIES $9.75 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -230 Shop Materials MISCELLANEOUS SUPPLIES $33.55 Invoice 031406 3/14/2006 Cash Payment E 609 -49750 -210 Operating Supplies MISCELLANEOUS SUPPLIES $51.08 Invoice 031406 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $197.19 Refer 31406 US BANK TRUST NATIONAL ASSO Cash Payment E 396 -47000 -620 Fiscal Agent's Fees LEASE REV BONDS 2002 $1,050.00 Invoice 1653666 3/14/2006 Cash Payment E 601 -49400 -620 Fiscal Agent's Fees OBLIGATION BONDS SERIES 2001A $156.80 Invoice 1651518 3/14/2006 Cash Payment E 675 - 49425 -620 Fiscal Agent's Fees OBLIGATION BONDS SERIES 2001A $196.00 Invoice 1651518 3/14/2006 Cash Payment E 360 - 47000 -620 Fiscal Agent's Fees OBLIGATION BONDS SERIES 2001A $78.45 Invoice 1651518 3/14/2006 Cash Payment E 351 -47000 -620 Fiscal Agent's Fees GO IMPROVEMETN BONDS SERIES 2001C $431.25 Invoice 1651526 3/14/2006 Cash Payment E 609 -49750 -620 Fiscal Agent's Fees GROSS REV 2001B $431.25 Invoice 1651523 3/14/2006 —707— City of Mound 03109/06 11:06 AM Page 17 / Payments CITY OF MOUND Current Period: March 2006 Cash Payment E 355 -47000 -620 Fiscal Agent's Fees TAXABLE GO TAX INCREMENT BONDS OF $431.25 2003C Invoice 1649919 3/1412006 Cash Payment E 601 -49400 -620 Fiscal Agent's Fees REVENUE BONDS 2003B $194.06 Invoice 1649918 3/14/2006 Cash Payment E 602 - 49450 -620 Fiscal Agent's Fees REVENUE BONDS 20038 $237.19 Invoice 1649918 3/14/2006 Cash Payment E 367 -47000 -620 Fiscal Agent's Fees GO IMPROVEMENT BONDS SERIES 2003A $431.25 Invoice 1649964 3/14/2006 Transaction Date 3/2/2006 Wells Fargo 10100 Total $3,637.50 Refer 31406 VEIT AND COMPANY, INCORPORA Cash Payment G 101 -22908 Mound Harbor Renaissance REQUEST #1 THRU 02 -27 -06 $213,710.40 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $213,710.40 Refer 31406 VOSS LIGHTING Cash Payment E 609 - 49750 -210 Operating Supplies LIGHT BULBS $134.03 Invoice 15038968 -00 3/14/2006 Transaction Date 3/812006 Wells Fargo 10100 Total $134.03 Refer 31406 WASTE MANAGEMENT- TC WEST Cash Payment E 670 - 49500 -440 Other Contractual Servic 02 -06 CURBSIDE RECYCLING $8,326.48 Invoice 1290637 - 1593 -9 3/14/2006 Cash Payment E 670- 49500 -440 Other Contractual Servic 03 -06 CURBSIDE RECYCLING $8,326.48 Invoice 1290637 - 1593 -9 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $16,652.96 Refer 31406 WATERTOWN PARTS CENTER Cash Payment E 101 -45200 -220 Repair /Maint Supply GAS,40 CU FEET $57.40 Invoice 031406 3/14/2006 PO 18938 Transaction Date 3/7/2006 Wells Fargo 10100 Total $57.40 Refer 31406 WEIST, KATHY.. Cash Payment E 222 - 42260 -430 Miscellaneous 02 -22 -06 REIMBRUSE MEAL $19.98 Invoice 031406 3/14/2006 Cash Payment E 222 -42260 -210 Operating Supplies PLASTIC BOX $11.70 Invoice 031406 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $31.68 Refer 31406 WIDMER CONSTRUCTION, LLC Cash Payment E 601 - 49400 -440 Other Contractual Servic 02 -07 -06 FAIRFIELD AVE BREAK $2,630.00 Invoice 1337 3/14/2006 Cash Payment E 602 -49450 -400 Repairs & Maint Contract 02 -11 -06 THREE PTS /BAYWOOD BREAK $2,555.00 Invoice 1371 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $5,185.00 Refer 31406 WILLIAMS TOWING Cash Payment E 601- 49400 -440 Other Contractual Servic WATERMAIN BREAK TOWS $210.87 Invoice 85397 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $210.87 Refer 31406 WINE COMPANY 55": City of Mound 03/09/06 11:06 AM Page 18 Payments CITY OF MOUND Current Period: March 2006 n mw'�'ve?enn ==.1Z- =try: tea, t 1' x_, s ..v:. e'Z 711'11`111'1' , .. Cash Payment E 609 -49750 -251 Liquor For Resale WINE $179.20 Invoice 136240 -00 3114/2006 Cash Payment E 609 - 49750 -253 Wine For Resale CREDIT —WINE -$6.00 Invoice 130137 -00 -B 3/14/2006 Transaction Date 3/3/2006 Wells Fargo 10100 Total $173.20 Refer 31406 WINE MERCHANTS r 6002836-0 Cash Payment E 609 -49750 -253 Wine For Resale WINE $890.75 Invoice 149844 3/14/2006 $42.43 Cash Payment E 609 -49750 -253 Wine For Resale WINE $813.75 Invoice 150545 3/14/2006 02 -03 -06 THRU 03 -02 -06 #51- 4802601 -1 $5,835.22 Transaction Date 2/28 /2006 Wells Fargo 10100 Total $1,704.50 Refer 31406 WINKLER, BOB Refer � 31406 ZARNOTH BRUSH WORKS, INCOR Cash Payment E 101 -43100 -224 Street Maint Materials SAND /SALT MIX $1,940.83 Invoice 031406 3/14/2006 Transaction Date 3/8/2006 Cash Payment E 601 -49400 -224 Street Maint Materials SAND /SALT MIX $865.93 Invoice 031406 3/14/2006 Cash Payment E 602 -49450 -224 Street Maint Materials SAND /SALT MIX $865.93 Invoice 031406 3/14/2006 Transaction Date 3/6/2006 Wells Fargo 10100 Total $3,672.69 Refer 31406 XCEL ENERGY Cash Payment E 101 -43100 -381 Electric Utilities #303956603 01 -29 -06 THRU 02 -27 -06 #51- $42.43 6002836 -0 Invoice 100332416 3/14/2006 Cash Payment E 101 -43100 -381 Electric Utilities #303981672 01 -29 -06 THRU 02 -27 -06 #51- $42.43 6002836-0 Invoice 100332936 3/14/2006 Cash Payment E 101 -43100 -381 Electric Utilities 01 -29 -06 THRU 02 -26 -06 #51- 6002836 -0 3080 $42.43 HIGHLAND Invoice 100332387 3/14/2006 Cash Payment E 101 -43100 -381 Electric Utilities 02 -03 -06 THRU 03 -02 -06 #51- 4802601 -1 $5,835.22 Invoice 100820854 3/14/2006 Transaction Date 3/7/2006 Wells Fargo 10100 Total $5,962.51 Refer � 31406 ZARNOTH BRUSH WORKS, INCOR Cash Payment E 101 - 43100 -221 Equipment Parts POLY WAFER $313.27 Invoice 104923 3/1412006 Transaction Date 3/8/2006 Wells Fargo 10100 Total $313.27 I IR911 1 CITY OF MOUND 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 367 G.O. 2004 - A Improvements 396 2002 -HRA Lease Revenue Bonds 401 GENERAL CAPITAL PROJECTS 455 TIF 1 -2 496 HRA PUBLIC SAFETY BLDG 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 670 RECYCLING FUND 675 STORM WATER UTILITY FUND City of Mound Payments Current Period: March 2006 10100 Wells Fargo $259,315.34 $20,488.76 $9,078.61 $431.25 $431.25 $78.45 $431.25 $1,050.00 $817.31 $579.00 $90.00 $12,279.19 $6,640.74 $61,558.92 $16,652.96 $1,446.00 $391,369.03 Pre - Written Check $0.00 Checks to be Generated by the Compute $391,369.03 Total $391,369.03 -710- 03/09/06 11:06 AM Page 19 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 PLANNING REPORT TO: Honorable Mayor and City Council FROM: Sarah Smith, Community Development Director DATE: March 7, 2006 SUBJECT: Request for waiver of platting approval APPLICANT: Randy Gabrelcik PLANNING CASE NUMBER: 05 -75 LOCATION: Lots 28 -31, Block 12, Wychwood ZONING: R -lA Residential COMPREHENSIVE PLAN: Residential CV)41u 0.3.1 The City Council will review a waiver of platting request from Randy Gabrelcik to subdivide the property located at 4712 Richmond Road to create (2) lots. The property is legally describes as Lots 28 -31, Block 12, Wychwood, Hennepin County and is proposed to be split along original lot lines as follows: West Lot Lots 28, 29, Block 12, WYCHWOOD, HENNEPIN COUNTY East Lot Lots 30, 31, Block 12, WYCHWOOD, HENNEPIN COUNTY SUBDIVISION REVIEW PROCEDURE V. 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. However, if it so desires, the City Council may remand the application to the Planning Commission if it determines that their advice will be helpful in determining if the request meets the City's planning and zoning objectives. 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. -711- BACKGROUND INFORMATION 1. A survey of the subject property prepared by Taylor Land Surveyors, Inc was submitted with the application and shows the existing and proposed configuration(s) of the new lots. 2. The subject property is approximately 12,719 SF. 3. There is presently an existing house on the subject property which is to be demolished. 4. The applicant has signed a Consent and Waiver for Special Assessment(s) so as to improve Richmond Road to City standards which is to be done as part of the 2006 Street Project. 5. While the current application does not involve any construction activities, the applicant has demonstrated a proposed building pad on the subject lot(s) which meets the requirements of the R -lA District. 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. TIMELINE The application was submitted and deemed to be complete on March 2, 2006. 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 -lA Single and Two Family Residential. Single - family homes are a permitted use in the R -lA District. -712- The following table includes the lot area, width and setback requirements for the R -lA District: The lots, as proposed are consistent with the R -lA District requirements. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on all 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. 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. RECOMMENDATION City staff recommends that the City Council approve the application from Randy Gabrelcik for a waiver of platting for the property located at 4712 Richmond Road to create (2) lots subject to 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 permits. 3 -713- Lot Area Width Depth Front Side Setback(s) Rear Setback Setback R -1A 6,000 SF 40 FT 80 FT 20 FT 6 FT / 6 FT* 15 FT *denotes `lot of record" setbacks. The lots, as proposed are consistent with the R -lA District requirements. Adjacent Land Uses — Land Use Plan. The subject property is surrounded on all 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. 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. RECOMMENDATION City staff recommends that the City Council approve the application from Randy Gabrelcik for a waiver of platting for the property located at 4712 Richmond Road to create (2) lots subject to 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 permits. 3 -713- 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. Sanitary Sewer and Watermain Area Trunk Charges in the amount of $1500.00 each shall be paid prior to the release of the resolution. 9. One (1) park dedication fee in the amount of $1100.00 is paid prior to the release of the resolution. 10. Sewer Connection and Water Connection Fees of $240.00 each for (2) lots shall be paid as part of the building permit. 11. One (1) MCES charge 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. 13. A hazardous materials survey shall be submitted to City prior to any demolition activities and permit issuance for formal review. A draft resolution has been prepared for review and consideration by the City Council. 4 -714- CITY OF MOUND RESOLUTION # 06- RESOLUTION TO APPROVE REQUEST FROM RANDY GABRELCIK FOR WAIVER OF PLATTING APPROVAL FOR PROPERTY LOCATED AT 4712 RICHMOND ROAD TO CREATE TWO (2) LOTS PID #19- 117 -23 -32 -0137 PLANNING CASE # 05 -75 - WHEREAS, the applicant, Randy Gabrelcik, has submitted a request for waiver of platting approval pursuant to City Code Chapter 330:10 for the property located at 4712 Richmond Road in order to create two (2) lots; and WHEREAS, the property is legally described as Lots 28 -31 Block 12, Wychwood, Hennepin County, Minnesota and is proposed to be split along original lot lines as follows: West Lot Lots 28, 29, Block 12, Wychwood, Hennepin County, Minnesota East Lot Lots 30, 31, Block 12, Wychwood, Hennepin County, Minnesota and; WHEREAS, the property is zoned R -1A and single - family residential is a permitted use; and WHEREAS, Lots 28 -31, Block 12, Wychwood, Hennepin County, Minnesota are platted lots and were combined previously for tax - purposes; and WHEREAS, as proposed, the West Lot and East Lot, meet the lot size, width and and depth requirements of the R -lA District; and -715- WHEREAS, City Code Chapter 330:10 states that a waiver of the 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 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. Sanitary Sewer and Watermain Area Trunk Charges in the amount of $1500.00 each shall be paid prior to the release of the resolution. 9. One (1) park dedication fee in the amount of $1100.00 is paid prior to the release of the resolution. 10. Sewer Connection and Water Connection Fees of $240.00 each for (2) lots shall be paid as part of the building permit. 11. One (1) MCES charge 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. -716- 13. A hazardous materials survey shall be submitted to the City prior to any demolition activities and permit issuance for formal review. B. This waiver of platting request is hereby approved for the following described property: Existin Lots 28, 29, 30, and 31, Block 12, WYCHWOOD, HENNEPIN COUNTY, MINNESOTA Proposed Lots 28, 29, Block 12, WYCHWOOD, HENNEPIN COUNTY, MINNESOTA Lots 303 31, Block 12, 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 14, 2006 Attest: Bonnie Ritter, City Clerk Pat Meisel, Mayor -717- Property Information Search by Street Address Result page Page I of 2 Hennepin +Coo tVr N www. .us Property Information Search The Hennepin County Property Tax web data daily (Monday - Friday) at approximately 9; Search By: $123,000 Parcel Data for Taxes Payable PROPERTY ,Print FMW - Total Net Tax: $1,365.65 Property ID: 19- 117 -23 -32 -0137 Solid Waste Fee: Address: 4712 RICHMOND RD $1,385.14 Municipality: MOUND ...DITO— NAME School Dist: 277 ConstrL INTERACTIVE MAP Watershed: 3 Approx. 1 Sewer Dist: Owner Name: GABRELCIK ENTERPRISES INC HOUSE or BUILDING Taxpayer Name GABRELCIK ENTERPRISES INC #: & Address: 6285 PAINTERS CIR 4712 MOUND MN 55364 ..................... STREET NAME: (at least first 3 characters) Most Current Sales Informal Richmond Road Sales prices are reported as listed on the Certificate of Real Estate Value UNIT # (if applicable) arms - length transactions. Sale Date: May, 2005 Sale Price: $136,000 Searc% : i Transaction Type: 20 records per page Tax Parcel Description Addition Name: WYCHWOOD Lot: Block: 012 Metes & Bounds: LOTS 28 TO 31 INCL Abstract or Torrens: TORRENS Value and Tax Summary for Taxes P Values Established by Assessor as of 3; Estimated Market Value: $123,000 Limited Market Value: $123,000 Taxable Market Value: $123,000 Total Improvement Amount: Total Net Tax: $1,365.65 Total Special Assessments: Solid Waste Fee: $19.49 Total Tax: $1,385.14 http://www2.co.hennepin.mn.us/pins/addrresult.jsp -718- 3/8/2006 HCPropertyMap go: Pf lot Recenteit on click o i Yes _.' No Hennepin County Property Map 4 aL -fol X 081 i3FF0LX- 4725 1 L —887 5749 X315 %WV 4711►, 1 as 86 tS27 2873 32 85 imund 2873 4M 85 2WS 2925 '30 � `' ., � tstl4 $ 4&W-' 030 46M Ij 11 , Last update: 2/24 /2006 at 3:30 PM — READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this parcel Property ID Approximate Property Perimeter Approximate Property Area 19- 117 -23 -32 -0137 476 ft. 12,460 sq.ft. = 0.29 acres Property Address Market Value Total Tax (2006) 4712 RICHMOND RD MOUND, MN 55364 $123,000.00 $1,385.14 Page 1 of 2 Give us your feedbac Hennepin County Su How to use Map To zoom in farther, click o the zoom bar. (Lot dimens For quicker respon: information on surrr 'Recenter on click'. Show: i *o Aerial Photos Ofi 2004• Aerials On City Names Street Names Address Number "Mpis. aerials south of Fran from 2003 The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can oni licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. Th purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any ml: derivatives. Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. MapS@CO.hennepit The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or higher Explorer 3.02 or Netscape 2.01 or later version for proper operation. Home I Your County Government I Licenses, Certificates, & Registration I Employment & Volunteering I Health, Housin, Environment, Property, & Transportation http: / /wwwl3.co.hennepin .mn.us /publicparcelii -71 9 -, ropertymap.aspx ?PID= 1911723320... 3/8/2006 16 I 4C, 40 4) 4 40 1 40 414, 40 1 J,) 4,) 1 4 3 o5 4 2 1 9 7 !x I1 0 eo 07 - LS 65) �2 �3 SO low 21.4 :F 10 II 64) (6 671 4 50 4 10 40 -10 Q 49 4 0 0 z .. 50 5P Lnn -R.[)- No- f�) — — — Ki ELLS RD 5 5 6i. 40 40 4Q ap� 'U �4U 41 " 4-� 40 45 1 40 5 L- 4 7 :1F. 5 4 3 ? I I ' . L9 4c 3 167 m " ;� - -' - 163i I 2 0 165 6 52)4 113 43 J, 0 4) 4-1 1 v) 14� Jc 4fl .1 ICJ. 2 rCg 20 5UFFOLK 5 5 6, 3C 40 U 40 i 40 40 40 40 45 A-) .41,' 1 4/0 1 40 1 .10 40 4 40 76 2�- 1 1 o- ... "0 e ....... .. 5 4 3 :123 14 1 1 10 9 8 7 �6 52 2 08 154 150 142) 143 4 20) !9) 40 5?r 4— '9 2 .7' . ....... 7 /. 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CUMBERLAND �40 401 40 40 40 4 40 40 40 50 =s- m 3f .56 �l 32 '331 34 35 -46 37 38 3b 40 41 42 4-3 44 F. 1102'. 110 -- 1 45 46 ;47 55 71 127) 9-3. 5 107 '081 109 ( 195): 196 191 229 (2w (208):( I- 20 3 ------ 2'14 V 4 .,28.2 3 40 S -9 2 201)4 4 InA I'll. -.1 90 X, (gal Y a�► -720- HCPropertyMap _V H<-run, q ) <n j .a ll� IMi► Q MW Perm Recente on click Yes No Hennepin County Property Map 2873 4732 l Mound 2873 4712 r —4725 1 85 Last update: 2124/2006 at 3:30 PM — READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information__ on-this oarcel Property ID Approximate Property Perimeter Approximate Property Area 19- 117 -23 -32 -0137 476 ft. 12,460 sq.ft. = 0.29 acres Property Address Market Value Total Tax (2006) 4712 RICHMOND RD MOUND, MN 55364 $123,000.00 $1,385.14 Page 1 of 2 Give us your feedbac Hennepin County _Su. How _to use Map For quicker respont information on sum 'Recenter on click'. Show: Aerial Photos Ofl 2004'` Aerials On City Names Street Names vAddress Number El Lot Dimensions `Mpis. aerials south of Fran from 2003 The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can on[ licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. Th purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any ml! derivatives. Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyo-r.,Maps -0co_ hennepi_i The quality of the display may be Influenced by your screen size and resolution setting and is best viewed at 1024x768 or higher Explorer 3.02 or Netscape 2.01 or later version for proper operation. Home I Your County_ Government Licenses, Certificates, &.Registration I Employment &_volunteering I Health, Housin, I Environment,_Property, & Transportation http:// wwwl3. co. hennepin. mn. us/ publicparcelimage ldefault.aspx ?PID = 1911723320137 3/8/2006 -721- HCPropertyMap q +i�uit w Q trro. parwt Recenter on click Yes No Hennepin County Property Map Last update: 2/24/2006 at 3:30 PM — READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information _ on-this parcel Property ID Approximate Property Perimeter Approximate Property Area 19- 117 -23-32 -0137 476 ft. 12,460 sq.ft. = 0.29 acres Property Address Market Value Total Tax (2006) 14712 RICHMOND RD MOUND, MN 55364 $123,000.00 $1,385.14 Page 1 of 2 Giveus-you rfeed bac Hennepin County-Su How to use. Map For quicker respont information on surr. 'Recenter on click'. Show: Aerial Photos Ofl 2004` Aerials On City Names Street Names Address Number Lot Dimensions `Mpis. aerials south of Fran from 2003 Lot lines different froi The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can onl licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. Th purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any mi: derivatives. Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. Maps @co_. hen _neph The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or higher Explorer 3.02 or Netscape 2.01 or later version for proper operation. Home I Your County__Government I Licenses,_ C_ertificates,_._ &..Registration I Employment ,& Volunteering I Health,_Housin Environment, Property, & Transportation http: / /www l 3. co. hennepin. mn. us/ publicparcelimage /hcpropertymap.aspx ?PID= 1911723320... 3/8/2006 -722- ". r� I �Vj [oil 10 r 5341 Maywood Road, Mound, MN 55364 Phone 952 -472 -0600 FAX 952 - 472 -0620 we wr aP � In 11IC%I^LI APPLICATION Application Fee and Escrow Deposit required at time of application. PLANNING COMM. DATE CITY COUNCIL DATE: CASE • u !���, Please type or print clearly SS EXISTING Subject Address yi 1 Z ` c �c�c�pc�c�j 9,A PROPERTY c� Lot 2% 3kBlock \ 2 LEGAL Subdivision DESCRIPTION Poo \A \c W1 '2„ 3 '?-)20,-�)-J Zone APPLICANT The applicant is: '__`` owner other — Name Name PC&.V"C� U C- xcx�r�� \C +% Address Phone Home yTZ- %2545 Work (oil -3(0'i -lam +L OWNER Name (if other than applicant) Address Phone Home Work Fax SURVEYOR/ Name_SU,Ky \1 P �t 0 k c:, -\ S �i" ENGINEER ,�^� Address 4' o � ®?� i i � � 1 L1 �C)._i l � �C� Ivt _ ©i (As � � +N ! �0�1 \*I Phone Office20 "�J " 0 l Z Cell Fax2.0 ^ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all 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 accurate. I acknowledge that 1 have read all of the information provided and that 1 am responsible for all costs incurred by the City related to the processing of this application. I consent to the entry in or upon the premises described in this application by a y authorized official of the City of Mound for the purpose of inspecting, or of posting) majpyning a9dymog I ces as may be required by law. re Minor Subdivision Information (811612005) Page 4 of 4 -723- '— /' Date Date W 40 � I � O w �N O a k _ � V b L. 4 v U a m N N � � ° h H ' m Y 2 i ° U QQQb 4� v�i a 4 � t1 a o Y i A 0 b' h ,9 sJ".4% c- - _958 °1 k 6p ��� z 00r N R1 Y � r r g $ o g o yAA h Y n m y �n 5' R I�III� 9 Y ~ a ° U QQQb 4� v�i a 4 � t1 a o Y i A 0 b' h ,9 sJ".4% c- - _958 -724- k 6p ��� 00r N R1 gy yAA 5' R I�III� tz 0 Ln N ^ b a � O a -724- 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 MEMORANDUM To: Honorable Mayor and City Council From: Carlton Moon:, Director of Public Works Date: March 14, 2006 Subject: Payment No. 1 to Veit & Company for Lost Lake Dredge The City has received payment request no. 1 from Veit & Company for work on the Lost Lake Dredge contract. This contract is for dredging Lost Lake for the proposed docks for the Mound Harbor Renaissance townhomes. The amount of the request is for $213,710.40 to cover work completed through February 27, 2006. Staff has reviewed the request and find the work covered under this request was completed in general accordance with the plans and specifications and recommends that payment no. 1 be approved. -725- APr-LICATION AND CERTIFICATION FOR PAYMENT To Owner: City of Mound Pay Request No. 1 5310 Maywood Road Period To: 27- Feb -2006 Mound, MN 55364 Project: Dredging of Lost Lake (PW- 06 -07) From Contractor: Veit & Company, Inc_ Location: Mound, MN 14000 Veit Place Eng. Project No.: MD004003 Rogers, MN 55374 Contract Manager: Daniel W. Hughes, P_E_ CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the contract Original Contract Amount $290,345.00 Change Orders Increased Amount + $30,000.00 Change Orders Decreased Amount - $0.00 Total Contract Amount = $320,345.00 Value of Work Performed to Date $237,456.00 Less Previous Pay Requests - $0.00 Total Amount Due = $237,456.00 Less Retainage of 10% - $23,745.60 Amount Due this Pay Request = $213,710.40 Contractor's Certification CHANGE ORDER SUMMARY Total changes approved by Owner Change Order # 1 Change Order # 2 Change Order # 3 Change Order # 4 Totals Additions Deductions $30,000.00 $30,000.00 $0.00 The undersigned contractor certifies that to the best of the Contractors knowledge, information, and belief the Work covered by this Application for Payment has been completed in accordance with the contract Documents, that all amounts have been paid by the Contractor for Work for which previous Applications for Payment were issued and payments received from the Owner, and that current payment shown herein is no Contractor: Veit & Company, Inc. State of Minnesota JODIE HACKENMUELLER - - - -- - �y PUBLIC •MINNESOTA County of Hennepin Nt3i'A My od� EpIres Jan. 31, 2008 By: Subscribed and sworn to before me this day of 1 (/{ j Notary Public: r Date: - g - �(p My Commission E fires: Engineer's Certification In accordance with the contract Documents, based on on -site observations and the data comprising this application, the Enginer certifies to the Owner that to the best of the Engineer's knowledge, information, and belief, the Work has progressed as indicated, the quality of the Work is if accordance with the Contract Documents, and the contractor is entitled to the payment shown herein. Engineer: Daniel W. Hughes, P.E. .111L Landform Engineering Company ;VMA 650 Butler North Building By: LANDFORM 510 First Avenue North Minneapolis, MN 55403 MINNEAPOLIS - PHOENIX Date: _— (92 -Z 77-06 - -- — - - -- - -- Owner's Acknowledgement Owner: City of Mound By' - - - -- - -- -- - - -- - - - - _ _ _ Date: -726- I W LANDFORM MINNE-LIS FNDE- Mobilization 1 IMobilization I I LS 1 $30,000.001 1 $30,000.001 1 $30,000.00 100.00% SUBTOTAL Mobilization $30,000.00 $30,000.00 100.00% - Section 02310 1 Mechanical Dredging I CY 1 $23.501 5,5001 $129,250.001 3,8781 AMOUNT I PERCENT OF 2 Drying of Dredged Material CY I CONTRACT I CONTRACT QUANTITY TO I EARNED TO CONTRACT I ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT DATE DATE AMOUNT Mobilization 1 IMobilization I I LS 1 $30,000.001 1 $30,000.001 1 $30,000.00 100.00% SUBTOTAL Mobilization $30,000.00 $30,000.00 100.00% - Section 02310 1 Mechanical Dredging I CY 1 $23.501 5,5001 $129,250.001 3,8781 $91,133.00 70.51 2 Drying of Dredged Material CY 1 $1.001 5,500 $5,500.00 3,8781 $3,878.001 70.51% 3 Transport of Material to Disposal Site CY $15.00 5,500 $82,500.00 3,878 $58,170.00 70.51% SUBTOTAL Dredging - Spcticn 02310 $217,250.00 $153,181.00 70.51% Erosion Control - Section 02370 1 IFloating Silt Curtain I LF 1 $19.00 905 $17,195.001 905 $17,195.001 100.00% 2 1 Erosion Control Matting I Sy 1 $4.q 70 $2,800.001 0 $0.00 0.00% SUBTOTAL Erosion Control - Section 02370 $19,995.00 $17,195.00 86.00% Revegetation - Section 02936 1 Pre-Vegetated Erosion Control Blanket I SY 1 $80.00 185 $14,800.001 0 $0.001 0.00% . 2 1 Protective Heavy -Duty Silt Fence LF 1 $4.001 3051 $1,220.001 0 $0.00 0.00% I SUBTOTAL Revegetation - Section 02936 $16,020.00 $0.00 0.00% Miscellaneous 1 1 Orange Snow Fencing w/ Reflective Tape LF $6.001 1.1801 $7,080.001 1,1801 $7,080.001 100.00 SUBTOTAL Miscellaneous $7,080.00 $7,080.00 100.00% SUMMARY Mobilization $30,000.00 $30,000.00 100.00% Dredging - Section 02310 $217,250.00 $153,181.00 70.51% Erosion Control - Section 02370 $19,995.00 $17,195.00 86.00% Revegetation - Section 02936 $16,020.00 $0.00 0.00% Miscellaneous $7,060.00 $7,080.00 100.00% TOTAL - BASE CONTRACT $290,345.00 $207,456.00 71.45% Orders 1 1 Change Order #1 LS $30,000.001 1 $30,000.001 1 $30.000.001 100.004 SUBTOTAL Change Orders $30,000.00 $30,000.00 100.00% SUMMARY Mobilization $30,000.00 $30,000.00 100.00% Dredging - Section 02310 $217,250.00 $153,181.00 70.51% Erosion Control - Section 02370 $19,995.00 $17,195.00 86.00% Revegetation - Section 02936 $16,020.00 $0.00 0.00% Miscellaneous $7,080.00 $7,080.00 100.00% Change Orders $30,000.00 $30,000.00 100.00% Revised Contract Amount $320,345.00 $237,456.00 74A3% 650 BUTLER NORTH BUILDING 51n FlRCT Al /FNUE NORTH MINNEAPOLIS, MN 55403 PHONE: 612.252.9070 - 727 - ?52.9077 www.landform.net 5341 Maywood Road Mound, MN 55364 (952) 472 -3190 EXECUTIVE SUMMARY TO: Honorable Mayor and Council FROM: Sarah Smith, Community Development Director ( on behalf of Planning and Engineering Technician Ray Hanson and Public Works Director Carlton Moore) DATE: March 7, 2006 SUBJECT: Review of Proposed Zoning Amendment — City Code Chapter 350.445 (Access Drives and Access) APPLICANT: City of Mound SUMMARY The City Council will hold a public hearing to review a proposed text amendment to City Code Chapter 350.445 which regulates driveway access and materials. A copy of the proposed ordinance, as amended, has been included. REVIEW PROCEDURE Minnesota State Statutes 462.357 Subd. 3 states that no zoning ordinance or amendment can be adopted until a public hearing is held by the planning agency or by the governing body. Additionally, the notice of the public hearing must also be published at least (10) days prior to the hearing date. City Code Section 350:520 also requires that any proposed text amendment which is not initiated by the Planning Commission must be referred to the Planning Commission for review and must not be acted upon until it has received the Planning Commission's recommendation. The notice of public hearing was published in the Laker on March 4, 2006 and was also posted at City Hall. Therefore, all publication requirements have been satisfied. GENERAL COMMENTS As the Council may be aware, Planning and Engineering Staff has been reviewing the City Code and requesting amendment(s) as needed to address deficiencies and /or inconsistencies within the code. The proposal, as submitted, amends the current regulations to require a hard surface driveway (as required by the subdivision regulations), establishes minimum and maximum driveway access width(s) and includes provisions to require review and approval by the City Engineer. PLANNING COMMISSION RECOMMENDATION The proposed amendment was reviewed by the Planning Commission at its February -728- 13, 2006 meeting who unanimously voted to recommend Council approval of the proposed text amendment to City Code Chapter 350.445 (Access Drives and Access.) A copy of the 2/13 Planning Commission meeting minute excerpts has been included. -729- PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A CITY COUNCIL PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENT(S) TO SECTION 350.445 (Access Drives and Access) OF THE MOUND ZONING CODE NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, March 14, 2006 and hold a public hearing to consider amendments to Zoning Code Section 350.445 (Access Drives and Access) of the Mound Zoning Code. The following amendments are proposed: 350.445 Access Drives and Access. Subd. 1. Access drives may be ,heed adjaeef4 to p pe fty lines e ept that. drives eensisting of e she r-eek other- non finished r f ,z shall be no closer than one (1) foot to any side or rear lot line and shall be a hard surface as approved by the City Engineer and in accordance with city code 330.130 Subd. 13. Subd. 2. The number and types of access drives onto major streets shall be limited to a single access unless approved by the City Engineer e eentfolled and limited in the intefests e4 publ;e safety an e ffieient tf ffie 41ew. Subd. 3. Access drives onto county roads shall require a- review and approval by the County Engineer. The County Engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. Subd. 4. Access drives to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. The City of Mound Building al shall review all access drives (driveways) for compliance with accepted community access drive standards. All driveways shall have a minimum width of ten (10) feet and a maximum width of 24 feet with a pavement strength capable of supporting any emergency vehicles. Subd. 5. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from an existing dedicated improved public roadway. Copies of the ordinance amendment(s) are available to the public upon request at City Hall. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Published in the Laker on March 4, 2006 -730- Jill Norlander, Planning and Inspections Secretary -- MINUTE EXCERPTS MOUND ADVISORY PLANNING COMMISSION FEBRUARY 13, 2006 CASE #06-05 ZONING ORDINANCE AMENDMENT SECTION 350:445 (ACCESS DRIVES AND ACCESS) Staff proposes an amendment to address requirements for access drives and access requirements. From a stormwater management, erosion control and good construction practices standpoint, it is a fairly straightforward housekeeping matter. MOTION by Burma, seconded by Osmek, to recommend Council approve the amendment to ordinance section 350 :445. MOTION carried unanimously. -731- Proposed New Public Works /Parks Facility Timeline August 16, 2001 - Facility Study by SEH - Concept C, includes Public Works with Fire Station project November 26, 2001 - Space Needs Report by SEH includes Public Works and Parks Departments June 10, 2003 — Council tour of Public Works Facility May 10, 2004 — Council tour of Parks Facilities May 10, 2004 — Jim Prosser of Ehlers & Associates reviews financing scenarios and options of proposed Public Works /Parks Facility January 24, 2005 — Jim Prosser of Ehlers & Associates presents Financial Management Plan with projected costs of Public Works /Parks Facility June 21, 2005 — Goal Setting Session includes setting priorities for needs with number two being Public Works /Parks Building December 13, 2005 — Council approves Kodet Architectural Group to prepare Space needs Study and Conceptual Plans for proposed new Public Works Maintenance Facility. -732- . " aw=m Document B151TM —1 Copy To Owner ArOitect. File Abbreviated Standard Form of Agreement Between Owner and Architect L3Uj v,,ccS .zr r space txeeas :tuay ana concept Flan Vevelopment of Maintenance Facility The Owner and Architect agree as follows. Architectural ( Sub - Consultant services not required) Services as follows 1: Evaluate existing Maintenance (2) facilities I. Evaluate potential park Maintenance Facility site for sale 3. Programming to verify department needs 4. Conduct divisional meetingg,-tetc. 5. Identify equipment needed b,. Identify and maximize use /reuse of existing building 7 Develop: 604o three designs K Develop preliminary cost estimates 9. Present concepts: Nine meetings included in above. Add'1 meetings @550.00 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 B151^" —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. VVAR 14G: Tnis A;fA Go urr c nt is rxroieeiatd'af U,^,. Copyright Law and international a i e ails t R r ti ac{Z c rt:pr uls "on or di: rlbution of this All' ` Document, or any pmtlon a it, ?. <: r result n m ver.: evil and r inli(1 1 penalties, and v €!: b(c t ., nett <? to thr, maximum ex.ent pos",, I ible :indf r 31. 6svr. This document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No. 1000165379 1 which expires on 2/24/2006, and is not torresale. User Notes: (513766345) -733- ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 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, §:1.3 The Architect shall' designate a representative authorized to act on behalf of the Architect with respect to the Project. §! 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 .SCOPE OF `ARCHITECT'S BASIC SERVICES 2.1•DEFINITION .The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified' in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engirt ering services. 61 2 SCHEMATIC DESIGN, PHASE §:2,2.1 The Architect shall - review the program furnished by the Ownerto:ascertain thitrequirements-of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2,2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in:;terms of the other, subject to the limitations set forth in Section 5.2.1. §'2.2.3The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.14 Based on.the mutually agreed-upon program, schedule and construction budget requirements, the Architect `-'shall prepare to approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. §:2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estnnating techniques. § 2.3 DESIGN ,DEVELOPMENT PHASE §.2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepareJor approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as May be appropriate. 12.3.2 The Architect, advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or duality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the. construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. AIA Document B1517M - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. '01A KING, This AIA Dvc:� ;rrwmk is prot4.,Oed by U,S, C pytlght Lave and lnmgnal r nai Trpat es, t.'nauthorizeci reproducljail rr cilslrSi;t!liar; h s; AIA`' Document, or 2 3n t pf Hior. of .I, n,1 }, F1 -:5J : 'sn ',Iev tc. and grit mj. 7enal2 es, and Yriic bo proseouwd to ilia m.ixirniim extent postit)ie ,r , i ;t the i:.4 This . document was produced by AIA software at 11:20:49 on 1 2/0112 00 5 under Order No.1000165379_1 which expires on 2/24/2006, and is notfor resale. User Notes: (513766345) -734- § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. § 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. §.2.6 CONSTRUCTION PHASE— ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. §,2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document':A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 6.2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be se-stricted,= mpdi&d r c atiled witkt tt ea gteementof tie B_wt3es and krchiteer with- constont=oft -he -- -- -- Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration ofthe Contract for Construction.. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, otas otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to,endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge.of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, § 2.6.6 The Architect shall report.to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect.shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress, § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AIA Document B151 TM — 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This ni -,, v - ..,szv a a, by U.S f znvy ,i,! E.. a,.;i reproducilim u n. ,, ibv;ic;n of :hiy �.A Gr ;:v. meat, or any t:.. €;fa,.tr: <. Rtr.., t e,c,. >e ;c tctwr :iii tev.. This document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No. 1000165379_1 which expires on 2/24/2006, and is not for resale, User Notes: (513766345) -735- § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6,9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. § 2:6:9.2, The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § -2� ',6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained -how or for what purpose the Contractor has used money previously paid on account of the Contract Sum., §.2:6.10 The Architect'shall:have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in' accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith v �o- exercise: -ornotto: exercise =such�authority= shall_ei:ve- rise= ta- "ut= v=©r- r- esnonsibilaty =raf- tae— Acr- c- hitec -t =tn- the - - - - -- Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing,portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable, promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is norconducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems; all of which'remain the responsibility of the Contractor as required by the Contract Documents. The Architect review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods; techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate perforinance.and'design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3. 1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the AIA Document 8151 *u —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. VVAR dING: z`his >A.k urn er€>. ,r €F Lq U.S i o r i r Liw und .t' r a1 c r. t Tr..ar s r .uYr r ci t € o €�.s„ 1!ors c r i troy €e . of 1i Alt, 11 4 any sr, 1 c>t _.,:` nu v.. r, s ,,n:: { _4t : ^5 and t 0l we ;,r; .:,ec. _, .c t n*,a'� rnur. eyN nt 1. _s 3 F uno.. , 1he ,a;;°. This g an'd document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No.1000165379_i which expires on 212412006. and is not for resale. User Notes: (513766345) -736- Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret. and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations: and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show, partiality to. either, and shall not be liable for results of interpretations or decisions so rendered in good faith: § 2:6.17 The Architect sha11 render initial decisions on claims, disputes or other matters in question between the Owner and Contractoras provided in the Contract Documents. However, the Architect's decisions on matters relating to Aesthetic effect shAll , be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect s decsions on claims, disputes or other matters in question between the Owner and Contractor, except for those'relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation And arbitratto'n as provided1n this Agreement and in the Contract Documents. ARTICLE 3 —XI)DITIONAL SEW ES _ _3,1_GEMERA( § 3.1.1. The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they Shall be paid for by.the Owner as provided in this Agreement, in addition to the compensation for Basic Services._ The se' rvices described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by'the Owner. If services described under Contingent Additional Services in Section 33 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. §,12 PROJECT REPRESENTATION.BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more P.roject.Representatives to assist in carrying out such additional on -site responsibilities. § 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise 'agreed. § 312:3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement § 3.3 CONTINGENT ADDITIONAL 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 necessary 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. AIA Document 8151 Te —1997. Copyright © 1974, .1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. W4F, PIING.. This AIA Lar umcar t is pr r c tc r a v U Lr pyr.ghl Law and Intornalionai Trealia s. unauthorized repmdu0i3n -,r d;slr to +! ar of this ala'° Docurnenl, or 5 i..r e t I s.;Ve _.....rn: cr rr,in a' pery u! .'s, and will 60, proserutecd tc ihk n. �:c a :;rn f: tent p. ss o : a vncler the iasx. This document was produced by AIA software at 11:20:49 on 12/0112005 under Order No.1000165379_1 which expires on 2/24/2006, and is notior resale. User Notes: . (513766345), -737- § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making .subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in. evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party there-t4._____ —_— r; -z - s -n -D.a r I fel _. -- - sel Vices in connectiorrwitj - -- -- -- bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. § 3.4.2 Providing financial feasibility or other special studies. § 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or I others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipment. §.3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4:7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. § 3.4.10 Providing detailed estimates of Construction Cost. § 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3,4,12. Providing analysis of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. AIA Document B151 TO — 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. This 6 document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No.1000165379_1 which expires on 2/24/2006, and is not for resale. User Notes: (513766345) -738- § 3.4.14 Providing services for planning tenant or rental spaces. 14.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-Lip prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and Consultation during operation. § 3A.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate forPayment, more than 60 days after the date of Substantial Completion of the Work. § 3.4.19.Pr'oviding: services ofconsultants for other than architectural, structural, mechanical and electrical engineering g portions,pf the Project provided as a part of Basic Services. § 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE OWNER'S RESPONSIBILITIES he provide 16-11 information in a timely manner regarding requirements for and limitations on the including space requirements and relationships, flexibility, expandability, special equipment, systems and site :requirements. The Owner sfiall1urnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for;theArchitect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall est9blis . h and periodically update an overall budget for the Project, including the Construction f Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3, 'The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid ivoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys; to describe physical characteristics, legal limitations and utility locations for the site of the Project, and :a written. 1661 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: andmecessary data with respect to existing buildings, other improvements and trees; and information concerning availabIle 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 The Owner shall :furnish the services of geotechnical engineers when such services are requested by the Architect. Such. services ma y include but are not limited to test borings, test pits, determinations of soil bearing 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. § 4.6 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. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AIA Document 8151 TM —1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. VAR RING: This Docut, or AW' i�.. -,,,,xotpufwxi by U.S. Cupynqhl and r ,,i ��, k`4ibutio n of th" s A :A men ��,Ovee and �%t,�w Dt,�s� , �ble �_;ndei thtf-,w, This 7 document was produced by AiA software at 11:20:49 on 12/0112005 under Order No.1000165379_1 which expires on 2/24/2006, and is not for resale. User Notes: (513766345) —739— § 4.8 The Owner shall furnish all legal, 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. § 4.9 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 prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the, Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5:1 DEFINITION § 5.1.1 The Construction Cost. shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a'reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensatiorrof the Architect and the Architect's consultants, the Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.11 l3vaivations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. § 51.2 No fixed.lismt of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Projectb.udget, unless such fixed limit has been agreed upon in writing and signed by the parties' hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design,,:bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents,.to make reasonable adjustments in the scope of the Project: and to include in the Contract Documents alternate bids as .may be. necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; 3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the AIA Document B151 *M — 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. 'WAf NPIG; This �a s prci&clfid t>y U. rr p ,.. i La • and WernafiorK! Treat rl. r is c:1 ryr or dii;TritngVmi Dflhus AW Doc a t!eh1, or .:r "n,! .:,npiti ns;, and vnif> he P..:. ac,. t _d to a.;. .. xirrmm ,,t .nt �o,,� b tst.3a.. e l :.i This 8 document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No.1000465379_1 which expires on 2/2412006, and is not for resale. User Notes: (513766345) -740- fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments 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 the Architect 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 deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other sinularly 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 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 Projector 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. , § 6.4 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. I—, ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.1.1 Any claim, dispute or other.matter in question arising out of or related to this Agreement shall be subject to mediation as a condition to 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. § 7.1.2 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 may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in AIA Document 8151 TM —1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. `'YYAS ]i?4Gz This t l lE t Sf , t 3 t} ?! 5 Tilt..+' ti,i ?ni; or This 9 document was produced by AIA software at 11:20:49 on 12 /0112005 under Order No. 1000165379_1 which expires on 2/24/2006, and is not for resale. User Notes: (513766345) -741- advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.13 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. § 7.2 ARBITRATION §_7.2.1 Not applicable. (Paragraphs deleted)' §' 7.3 CLAIMS 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. ARTICLE TERM.INATIONOR.SUSPENSION 18.1 if the Owneffails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services, under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of-services, the Architect shalthave no - liability to the Owner for delay or damage caused the Owner because of such suspension ofservices Be" resualing saA,iees, the AFG11406t shall be paid all stims due prier to suspension and any uxprliscs incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 82 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated -for services „performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8,.7.: § 8.6 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. (Paragraph deleted) ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12, § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. AIA Document B151711 — 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. W` MINMG: This AJA Oo rler ful w 7 c 6y U,S, U,` r p yr d Luw and It = r - a c s unnutlloyi moflucllon di :ritulior. ol NIA tiin ,rant, or le, s .. .�; , ee „_ , .r sL„ ,t'z ""Ind .- rir ru,wte. Ex- pc...:.:e wvn.. ,ae {.:J. D document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No.1000165379_1 which expires on 2/24/2006, and is notfor resale. User Notes: (513766345) -742- § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as theyimy have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatiyes 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 mancing 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. §`9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, represents.' or agr men c either written nr oral This AgrPP nr may he amended only by written instrument signed by both Owner and Architect. § 9.7 Nothing contained in this. Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or pop ietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 If the Owner requests, the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreemert. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 10.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: AIA Document B15111 –1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. -V` Iuf NG; This M �,' c i x r r L t} r r J r> 1 a = a# ne rtti ,z z c r• a r t nn �r ti A �•.. ' S s v rx dr - a >Y Doc �zr.xznt, or w.s ,• , �.. , rd ;r.l: t x.. Ewe [ tPG , . Y . �_1x rrx� .x Pnt po .y, lase,. This 1 document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No. 1000165379_1 which expires on 2/24/2006, and is not for resale. User Notes: (513766345) -743- .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .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 SERVICES AND BASIC SERVICES §10 .3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. § 10.12 Subsequent p, I aym.ents for Services and Basic Services shall be made monthly and, where applicable, shall be in proportion to services s p6jorrned within each phase of service, on the basis set forth in Section 11.2.2. §,10.3.3 If and fa' 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 time shall be computed in the manner set forth in Section 11.3.2. r 01jr-CL are § 10 3 4 Wh --penga"an is bas d off a pmewap Vf E3�Lllivil 605, andailypultionscifthe F deleted, or otherwise . not constructed, compensation for those portions of the Project shall be payable to the extent servicesare.performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona . fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. .§ 1.0.4,PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon . presentation of the Architect's statement of services rendered or expenses incurred. §;10.5 PAYMENTS WITHHELD No deductions shall . be made, from th I e Architect's compensation on account of penalty, liquidated damages or other sums, withhe1.d,fro.m payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable, Expenses and expenses pertaining to Additional Services and services performed on the .basis of hourly rates or a of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative, at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: §`11.1 An Initial Payment of Zero Dollars and Zero Cents ($0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION § 112.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Lump Sum Fee of $12,000.00 AIA Document B151 TM —1997. Copyright@ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. 'NARJNING� "his ,pia Docurnent ,s, vroli?c.led b Copyrkjht Law and 1r1tVrqa0u1*1',)i Tttmfl.,as. unaulhoaized mpt�>duzllon ar uiMnbutirmt V 'his, AW f. i,ocurnmml, or any PcOv�;411 0{ r,w�l z;vi. a!"d �:l lmmql �.n:0 be to 1hp. rnaxim.vw. ey.["mt p")5%it W ,m6-t L) w. This 12 document was produced by AIA software at 11:20:49 on 12101/2005 under Order No.10001653791 which expires on 2/2412006, and is notfor resale. User Notes: (513766345) -744- § 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) The following phases are only applicable should the owner authorize basic services as outlined in this agreement. Schematic Design Phase: Fifteen percent ( 15% %) Design Development Phase: Twenty percent ( 20% %) Construction Documents Phase: Forty percent ( 40% %) Bidding or Negotiation Phase: Five percent ( 5% %) Construction Phase: Twenty percent ( 20% %) (Paragraph deleted) Total Basic Compensation one hundred percent ( 100.00 %) § 11.3 COMPENSATION FOR,ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3,2, compensation shall be computed as follows: . Hourly or mutually agreed`to lump sum. 1:11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project 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 ofcompensation apply, if necessary.) Hourly ormutuaIly agreed to lump sum. § 1!.133 :For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( 1.15 )times the amounts billed to the Architect for such services. (Identify specific types of consultants' in Article 12, if required.) §.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 ( 1.15 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS., § 1'!1:5:1 If the Basic Services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated. as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable the twenty fifth day of the month from the date of the Architect's invoice. Amounts unpaid after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 12 % per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document 8151 TM —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. `NAANINGt 'This Ate'`' D rn tr ; pr si i i Ur S Copyright Law and i z r ,zr a+ Tre al U au o n ti r.:p. c da c1gon or Casarihc a r r of this AIA° 'Dcruarent, or 13 a , pp t .o at! , iv e.,r i ::e+s 1 sn + .rlrnma, p_ .3 t<_S. ;� viii; t prose:c Is._,a I .he nicu0 m €m e t p ,.. b,,, u;7, :e, thelasa,. This document was produced by AIA software at 11:20:49 on 12/01/2005 under Order No.1000165379 1 which expires on 2/24/2006, and is not for resaie. User Notes: (513766345) -745- § 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. OWN T (S ature) Sign ture) Edward J. Kode , Jr., FAIA, President Printed name and title) (Printed name and title) AIA Document 8151 TM —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. '-.NASNING: This A D i •% r t illi s rc;t s is + irr U' Copyright Law and Intt nazi 3 a Tmaiies. Unautri >x z ! r produdicn or d'sstr t c trop uf this AIA' Ore <:i meol, or 4 any isrfl„n ;2f + .au r�.e,'.1 in si Beare civk a _r.a.i,x t ¢3e;ra._.tic =, and 01 he prosss i„ri to Ulf, m,, xfrnurn extent p..x<;,_ ur.i'r the inn. This document was produced by AIA software at 11:20:49 on 1210112005 under Order No.1000165379_1 which expires on 2/24/2006, and is notfor resale. User Notes: (513766345) -746- Mound City Council Minutes — December 13, 2005 E. (removed) F. Approve Hennepin County /City of Mound Lease Agreement for Election Equipment G. (removed) H. (removed) I. Cancel special meeting previously set for December 19, 2005, at 8:00 a.m. (for consideration of Lost Lake Dredge bids, which will now occur at the regular January 10, 2006 meeting) J..Approve Kodet Architectural Group, LTD, for preparation of Space Needs Study and Conceptual Plans for proposed new Public Works Maintenance Facility. K. (removed) L. RESOLUTION NO. 05 -154: RESOLUTION APPROVING THE CONSERVATION EASEMENT FOR PRESERVATION OF CITY -OWNED REMNANT PARCEL IN LOST LAKE DISTRICT 4D. Award of Bid for Repainting of Island Park Standpipe Specht asked reason for bid being higher than the estimate, and Hanson reported that she would check into that for him, as this would be question for the City Engineer. MOTION by Osmek, seconded by Beise to award the bid for the Repainting of the Island Park Standpipe to Champion Coating, with a bid of $166,000. All voted in favor. Motion carried. 4E. Award bid for 2006 Retaining Wall Proiect Specht again questioned why the bids came in higher than the estimate and Hanson will get back to him after consulting the City Engineer. MOTION by Osmek, seconded by Beise to award the bid for the 2006 Retaining Wall Project to Rosti Construction, with a bid amount of $266,496.00. All voted in favor. Motion carried. 4G. Adopt Resolution Approving a Premises Permit Application by Mohawk Jaycees for Gamblina at Dailey's Pub Specht requested the removal of this item from the consent agenda because he will abstain as he is a member of the Mohawk Jaycees. MOTION by Beise, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Beise, Osmek and Meisel. The following voted against: None. Specht abstained from voting. Motion carried. RESOLUTION NO. 05 -155: RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR GAMBLING AT DAILEY'S PUB -747- AL MEMO DATE: July 21, 2005 TO: Mayor Meisel Council Members FROM: City Manager Kandis Hanson RE: Reaching City of Mound Goals 5341 MAYWOOD ROAD MOUND, MN 55364 -1687 PH: (952) 472 -0600 FAX: (952) 472 -0620 WEB: www.cityofmound.com At the..C4uncil and_Staff Goai _.S_e_tting_retre_at,_held_June 21, 2005 ,...prioritxes_fQr.the_needs... at the City of Mound were established. As indicated in the 2005 Strategic Planning Report by Ehlers and Associates, the next step is allotting the resources to carry out the goals. It is Management's recommendation that the top five goals become the focus over the next 1-2 years, and that the resources of time, money and information be dedicated to them. Staff is recommending Council Member approval to move forward with the assessment stage of these first five priorities. City Code At the Goal Setting Retreat, re- codification of the City Code was deemed the top priority. Codification would include reorganization and update of the existing City Code and would most likely be undertaken by a consultant retained by the City who specializes in this type of work. Typically the process can take up to and may exceed a year, depending on the status of the existing ordinances. Preliminary estimates for the project is $8,000 to $12,000 and could possibly be budgeted over a 2 -year period. /2. Public Works and Parks Building At the Goal Setting Retreat the Public Works& Parks building was ranked as the #2 priority. The existing buildings do not provide for adequate storage, repair facilities, salt storage and personnel needs for the City. The buildings do not meet the OSHA standards or building codes. The Public Works building was last updated in 1988 and parts of the building are 50 and 60 years old. The Park building on the Island is 68 years old. printed on mmr-Wi nano. -748- The first phase of the process is to update the Needs Assessment Study. The City would select an architect with a background in Parks & Public Work facilities who would then study the City's needs and report on what improvements and construction is recommended to meet current and future needs. It is anticipated the study would be completed in 4 -6 months. After the needs study is completed the City Council would review the assessment and determine if they wish to proceed with a public process with the focus being on public acceptance of a new building and its location. The public process could take 6 months depending on the response of the public and the complexity of the project. Should the project receive a favorable response from the public, a project could be bid for construction to begin in 2007. Rental Property Code The addition of a Rental Property Code was the third priority at the Goal Setting Retreat. Due to increase demand for inspections by Police, Fire and Building inspections associated with rental units from tenants and/or landlords, the need for _ :_..__.a rental-ordinance -is-be coming - increasingly -import-ant- especial -ly- with-- regard_tfl._._ costs currently incurred by the City. These costs are not being recouped for complaint related and public safety issues. Additionally, it is important to note that the City has a significant amount of rental housing stock some of which is not being maintained and we are seeing more units being converted to "rental" for investment purposes. City of Mound building officials, Waldron and Associates, is well - experienced in this type of code enforcement and is meeting with staff on July 22 to discuss their proposal for a policy. Council members will consider the policy at an upcoming meeting. 4. Next -Up Redevelopment The planning and implementation stages of the Mound Harbor Renaissance Redevelopment are virtually behind staff. The next step is the planning for the next redevelopment locations, which was the fourth priority at the Goal Setting Retreat. The preparation of a master plan in cooperation with Westonka Schools for the Shirley Hills and Grandview Middle School sites may be needed in light of a possible referendum to undertake a "new" campus style plan at the school site which would turn these two parcels into possible redevelopment sites. Preliminary estimate for the project is $15,000 for the master plan and $30,000 to $40,000 if a public process is included in the process. 2 -749- 2008 Comprehensive Plan Update The #5 priority at the Goal Setting Retreat was the 2008 comprehensive plan update. Pursuant to state statute, the City will need to update its comprehensive plan by 2008. The last update of the plan was in 1999 -2000. It is estimated that the project will take 6 -12 months and will cost approximately $35,000 if done by a consultant but less if specific parts are prepared by Staff. If future possible redevelopment sites (i.e., Balboa and/or Shoreline Plaza site) are included in the 2008 update, an additional $20,000 would be needed. The comprehensive plan could be budgeted over a 2 -year period. -750- MOUND CITY COUNCIL MINUTES JUNE 21, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, June 21, 2005, at 5:00 p.m. at the Lafayette Club, 2800 Northview Road, Minnetonka Beach, Minnesota. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Liquor Store Manager John Colotti, Parks Director Jim Fackler, Police Chief Jim Kurtz, Public Works Superintendent Greg Skinner, Finance Director Gino Businaro, Fire Chief Greg Pederson, Public Works Director Carlton Moore, David Callister and Jim Prosser. 1. Call meeting to order Mayor Meisel called the meeting to order at 5:10 p.m. ✓2. Goal Setting Session Jim Prosser of Ehlers & Associates implemented a goal setting session, stressing that the Key Financial Strategies is the financial plan to accomplish these goals. Covered in this session were updating and identifying new issues and needs, refining priorities, establishing and clarifying expectations and reviewing the decision - making process. 3. Ad"ourn Mayor Meisel adjourned the meeting at 9:35 p.m. Attest: Bonnie Ritter, City Clerk -751- Mayor Pat Meisel .-. r > A O N N T O A W N O (WO co V OW) (W7) A 00-4004W N N N+ O CD T V T C71 A W N -+ O CD T V T U1 j N pW� j N 70 m -4 o -4 Q0'D'D�� - �cccm "� 0�T nO o 9 -m -f rr Dm Qmox On () --i �mm (D W v W W W N m D� F- m- ri°Jr°r°mm D mnm m 0T�DmTAm �o 00 m T N z c m U7pcnn z m nm�tn m r m�Q,4�m X M MM2 r �m z om�v -iz m A 41 H N < m �zZ0 -n 9 V m gZuom z mR°�r u Ln W j N W W O W W m z m y < zm m ncmm� m zm=lcn 0 v7m< Zmm�cnzp '. ;_-� m G> " 0 A CO O V O c v cn �� o co <Z mrpm �Nm� z ch m 0 W N C7) -� A N A O V CD N D O T N N V T CO A cn ) O T o n NZ o o T O V (T T v O O CO [V A (.7 0) T A W Q m W , z m -i n m z N O O O y CC 0 0 0 W O 00000 O V T O O O O O (O O m v co T T V m m N > O V > O V O O N N A O A T N V O T T g A 07 Vt O 00 v .-. r > A O N N T CD `1 w N_ N V t71 C D W A N m N j N pW� j N 00 Ja N C7t - 0 T A O M V> CO71 O W N co (D W v W W W N T W T V CD CO N O O N m T W CA O C O V W A 00 m T N .9, O A N V A 1 Ci A 41 H N W co W N W 00 N A A W j N W W O W W 71 V V O O V O 0) O T O T 7 (D V O T W T 07 O O T T N N N N (O OD ro T CT T U t) . O N A o O t 0 A CO O V O V 0) 0 A CO T A N O co (n N O 07 00000 0 T 0 0 0 0 0) T O O O O O O A 0 O A 0 0 7 0 0 0 ch W A to O 0 W N C7) N N A N A O V CD N D O T N N V T CO A cn ) O T T > V T O N A OD N V N T O V (T T v O O CO [V A (.7 0) T A W O W , t O 0) ) CID CA V W O to A O V N O O O co O N-8 0)W 0 0 0 0 0 0 CC 0 0 0 W O 00000 O V T O O O O O (O O A r > A O N N T N A O 00 (c) 4) N A W N N T W W c0 00 0) N O) V A -I 00 W W m V co to O 00 T A 00 N N N (O (D N CC A C71 01 01 T co V > 1 O) T CO A t0 W tO O W to A t0 1 0� O A W V T W co A j W C7) co N co O T T CT C71 N 00 O CA A O T CO V V C71 W O 00 N O CO fJ 07 01 A 1 Ci A 41 H N W co N A1t0O A N A A N N N co V tll O CO j C71 O N T O T A W 07 O O O CO O A (P V Cfl A W 00 CO A C>t O N V T N V O OD W T co O) W r) N O to CO i CT T U t) > V N W 0) �N1 O N W W T N W W 0) 01 T N O T N T N T N W CD -+ A 00 W J -+ T V c0 co ch W A to O 0 W N C7) N N 0 > J W W. V V V 0 V CO (0 D O T N N V T CO A cn ) O T T V tD A Oo V A 0) 00 0) 0 1 T 1 T? W co CT V O) N O V T V O T 0) 0) [7) t0 W W A V N V O W co O > T N fD N O O W+ O V C71 > N > A N Of W W A fJ O V W N >_ -• A N W co T T V m N V c0 j O W W 0) (0 W > O V > O V O O N N A O A T N V O T T co IV A 07 Vt O 00 v (4 W 71 N O W W T tA o V T (D (A V T W 0) J W T to CC J O N > N 07 N A A N W -752- P W N -+ 0 c 0 N X CD CD N TI z r C7 Z o GDi o 3= ma z z { N O 0 7 N 7 7 0 ) O 0 0 7 T N °o 01 N ) O O e a N 0) .cm N 00 0 0 O 1 Ci O V 41 H 0 N O Un 0 Co 0 0 O � O ) O � � 1 N O 0 0 N °o (O CT N O CA Co 0 0 v�� 2 WCUVVVVVVVV' - �Ot00vICft71AWN- ZC S Q y. O cD3dEi 3-i� 0 a Cc w NO r C d OA (D 3 W W M m fT a0 •L N O ai m 3 v+ t0 d N 3 � m � y O 7 O k 7 y. N N °o c A .T{J O v 0 N m 0 0 0 0 O do a o 0 w 0 v V 0 O O O OOO o 0 0 W N N Cn rn i rn o m o a o o a N CA —00 ? O c O 08 0 0 0 A � � e O W O O A o 0 0 m 4 W m- o o , Om ZOO 0z 0 -1 O r 0 y m O O � 0 0 m A y N N A A O O m O V V co N W W O NON N A A W 10 W O N cc W W N C1 T O O � CNit 0 0 o m N to w cc m w w 10 rncD+no m in IV V j p O V Ln N O IO O 0 o w w co W O A lo A O O w W rn L� A rn ONi O CD <AJI (O UA7 W W N A OD N N ca tD C7t A tD fD cc W 0) COD to (DD co -753- �r Q m z m D r T c z v i o W M V o O� U) m v A W N -+ 0 •� z N Z n D0 D � m= Ma Z r D Z fD CD j N C N � N W O 0 [T N oo °o 0 0 p N O O 0 0 (n N O O 0 0 v o � O r � N O O � 0 0 � No A m n m � 7 O O o (n N O O 0 0 Exhibit B City of Mound Financial Management Plan CIP Requests Compared to Available Resources 1 Available New Debt Service/Special Levy Capacity 2 3 Projected Additional CIP and Related Requests 4 Level One 5 Personnel 6 Human ResounaslCOmmunication 7 Planner B Accountant 9 P.W. Street Staffing 10 PW- Receptionist 11 Parks- Seasonal 12 Parks- Receptionist 13 Parks Staffing FT 14 Police staffing 15 Capital 16 Eng/Planning Staff Office Area 17 Admin city car 18 Comp Plan 19 Zoning ordinance update 20 Comprehensive Tech Plan 21 Financial system improvement/replacement 22 Squad car equipment 23 Squad car computer 24 Police Beet replacement 25 Police MIS upgrade 26 Emergency preparedness siren 27 Fire tanker truck 28 First response fire fescue 29 Aerial ladder 30 Emergency preparedness SW 31 Minipumper grass rig 32 Fire pumper 33 Fire equipment replacement 34 P.W. Street Equipment Replacement 35 Parks Equipment Replacement 36 Park Planning & Redevelopment 37 City Entrance & Park signage 38 Retaining Wall replacement 39 LaserFiche Upgrade 40 Services 41 Interactive, online services 42 Tech support 43 Facilities 44 City Hall replacement 45 P.W. Park Building replacement -,--'f kt*m Ca 4 & 46 Public safety facility repair/maint (J 47 Public safety facility repaidmaint 48 Other 49 Marina 5o Mound Bay Park Redevelopment 51 Lost Lake Canal 52 Level Two 53 Personnel 54 Fire staffing wages 55 Level Four 56 Community Center 57 Lifeguards 58 Leaf Collection Site 59 60 81 62 63 64 65 Additional Bonding 66 67 Street reconstruction -2005 projects 68 Street reconstruction -2006 projects 89 Street reconstruction -2007 projects 70 Street reconstruction -2008 projects 71 Street reconstruction -2009 projects 72 73 Building replacement Cn-a 74 76 77 78 79 Total Additional BO 81 Subtotal Excess (Deficit) Levy Capacity 82 83 84 Dept 2005 2006 2007 2008 2009 2010 0 0 0 0 0 0 Note 1 Admin 53,425 53,425 65,000 65,000 65,000 65,000 53,425 Plan/inspect Note 1 60,000 60,000 50,000 60,000 60,000 Finance 53,425 53,425 60,000 60,000 60,000 60,000 53,425 Street 404,735 40,000 40,000 40,000 40,000 40,000 Street 8,000 8,000 8,000 Parks 21,000 23,200 Parks 8,000 8,000 8,000 Parks 40,000 40,000 40,000 40,000 40,000 Police 36,000 68,000 58,000 City Hall Bldg 20,000 Admin 30,000 Plan /Inspect 50,000 Plan /Inspect 30,000 Finance 38,500 38,500 3,500 Finance 20,000 20,000 20,000 Police 9,000 9,000 7,000 Police 60,000 Police 42,000 28,000 26,000 44,000 26,000 Police 3,500 3,000 3,000 Police 17,000 17,000 17,000 Note 3 Fire 78,000 Note 3 Fire 75,000 Note 3 Fire 750,000 Note 3 Fire 21,000 Note 3 Fire 24,000 Note 3 Fire Note 3 Fire 7,200 9,000 9,000 10,800 10,800 Street 225,000 310,000 305,500 182,000 15,000 Parks 43,300 48,300 16,500 36,500 77,000 62,000 Parks 500,000 500,000 500,000 500,000 500,000 Parks 40,000 40,000 Street City Clerk 8,000 4,000 10,000 Finance 0 50,000 10,000 10,000 10,000 10,000 Finance 5,000 36,250 50,750 72,500 72,500 City Hall Bldg 50,000 15,000 3,500,000, P.WJParks 25,000 50,000 0 Fire 15,000 Police 15,000 Note 4 100,000 224,853 224,853 224,853 224,853 224,853 25,000 60,000 2,000,000 76,000 75,000 75,000 75,000 75,000 75,000 Fire 30,000 30,600 31,200 32,000 Note 5 25,000 50,000 269,823 269,823 269,823 15,000 15,000 15,000 15,000 15,000 15,000 25,000 50,000 1,000,000 Note 1 53,425 53,425 53,425 53,425 53,425 53,425 Note 1 53,425 53,425 53,425 53,425 53,425 Note 1 53,425 53,425 53,425 53,425 Note 1 53,425 53,425 53,425 Note 1 53,426 53,425 Note 2 404,735 404,735 404,735 404,735 6 562,725 1,873,453 2,428,813 2,761,211 5,421,536 6,499,336 • (562,725) (1,873,453) (2,428,813) (2,761,211) (5,421,536) (6,499,336) -754- 1/24/2005 MOUND CITY COUNCIL MINUTES MAY 10, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Monday, May 10, 2004, at 6:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Peter Meyer. Members Absent: Councilmember Bob Brown Others Present: City Manager Kandis Hanson, Finance Director Gino Businaro, Public Works Director Carlton Moore, Parks Superintendent Jim Fackler, Public Works Superintendent Greg Skinner, and Jim Prosser of Ehlers & Associates. 1. Open Meeting Mayor Meisel called the meeting to order at 6:45 p.m. V 2. Preview by Jim Prosser of Ehlers & Associates and Kandis Hanson Kandis Hanson reviewed the space needs analysis, with the outstanding need being Public Works facilities. This meeting is for the Council to give direction regarding the proposed improvement of the Public Works facilities. Jim Prosser reviewed financing scenarios and options for the proposed improvement of the Public Works facilities, and recommended that a task force be used to implement public participation. After discussion it was decided to obtain First Right of Refusal for properties on Lynwood Boulevard, to the east of the existing Public Works Facility, as well as the properties to the north. V3. Tour of Parks Facility, Including Island Park Hall At 7:30 p.m. the Council proceeded to tour the Parks Facilities 4. Additional Presentation and Discussion at City Hall It was the decision of the Council not to return to City Hall. 5. Admourn Mayor Meisel adjourned the meeting at 8:30 p.m. _ Attest: Bonnie Ritter, City Clerk -755- Mayor Pat Meisel Mound City Council Minutes — June 10, 2003 5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA None were offered. 6. TOUR OF PUBLIC WORKS FACILITY LOCATED AT 5468 LYNWOOD BOULEVARD Mayor Meisel recessed at 7:37 p.m. to the Public Works Facility for the scheduled tour. 7. INFORMATION /MISCELLANEOUS A. LMC Friday Fax B. Correspondence: LMCD C. Report: Harbor Wine & Spirits D. Report: Hennepin County Open Book Meeting E. Newsletter: Gillespie Center F. LMCC Calendar G. Hennepin County CSAH 15 Project Schedule H. LMC memo on Board vacancies I. FYI: Letter to Spring Park from Super America 8. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 8:55 pm. All voted in favor. Motion carried. Attest: City Manager Kandis Hanson -756- Mayor Pat Meisel CITY OF MOUND PUBLIC FACILITIES STUDY MEETING SCHEDULE December 17, 2001 Review Options Meeting Purpose of Meeting: Attempt to reduce the number of options for Public Safety /City Administrative Facilities Attempt to reduce the number of options for Parks /Recreations and Public Works. Review of Options Agenda: 1. Present Background information 2. Review all 5 options to include: cost, advantages /disadvantages, existing conditions and space need requirements 3. Open discussion 4. Determine options to carry forward to the next step 5. Brainstorm site locations for selected options 6. Review 2 options for Parks /Recreation and Public Works: cost, advantages /disadvantages, existing conditions and space need requirements 7. Confirm next meeting time, agenda and schedule Who should attend: Kandis Hanson, Len Harrell, rep(s) from PD, Greg Pederson, Greg Palm, Jeff Anderson, Facilities Committee Members, Greg Skinner, Jim Fackler, Island Park Task Force, Sarah Smith, Jodi Rahn, Gino Businaro, Bonnie Ritter, Jim Prosser Location of Meeting: Council Chambers Time of Meeting: 6:00 p.m. - 9:30 p.m. December 20, 2001 Major Spaces Worksession Purpose of Meeting: Develop a site plan that locates all the Major Spaces of the project for each selected option. (Public Safety and City Administration Departments only) Review of Options Agenda: 1. Present Background information 2. Present Design Criteria 3. Worksession guidelines 4. Selection of preferred concepts 5. Wrap up 7. Confirm next meeting time, agenda and schedule Who should attend: Kandis Hanson, Len Harrell, PD rep(s) Greg Pederson, Greg Palm, Jeff Anderson, Facilities Committee Members, Sarah Smith, Jodi Rahn, Gino Businaro, Bonnie Ritter, Jim Fackler, Greg Skinner. Each department head should bring others who could benefit the design process. �--. Location of Meeting: Fire Station Time of Meeting: 6:00 p.m. - 10:30 p.m. -757- January 3, 2002 Presentation of the Selection Options Purpose of Meeting: Confirm site concept plan details for Public Safety, City Administration, Public Works, and Parks and Recreation. Review of Options Agenda: 1. Present Background information 2. Review all site concept plan options 3. Open discussion 4. Determine revisions 5. Brainstorm site locations for selected options 6. Confirm next meeting time, agenda and schedule Who should attend: Kandis Hanson, Len Harrell, Greg Pederson, Greg Palm, Jeff Anderson, Facilities Committee Members, Sarah Smith, Jodi Rahn, Gino Businaro, Bonnie Ritter, Jim Fackler, Island Park Task Force reps, Greg Skinner. Location of Meeting: Council Chambers Time of Meeting: 6:00 p.m. - 9:30 p.m. January 10, 2001 V Public Input Sessions Purpose of Meeting: Allow public to rank options, provide input and feedback on all site concept plan options. Review of Options Agenda: 1. Present Background information 2. Presentation of all concepts 3. Open discussion 4. Ranking of the options 6. Opinion feedback cards 7. Confirm next meeting time, agenda and schedule Who should attend: One PD, one FD, one CH, one parks or public works person, to each session. Those assignments made by Department Head. Location of Meeting: Senior Center Time of Meeting: Morning, 12:00 - 2:00 p.m. and 7:00 - 9:00 p.m. Iwo Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Project Space Needs Report City of Mound Public Works and Parks Departments SEH No. A- MONC10202.00 -759- November 26, 2001 Page i Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Project Space Needs Report City of Mound, Minnesota Addition to Public Works Building And Parks / Recreation Building SEH No. A- MONC10202.00 November 26, 2001 I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Architect under the laws of the State of Minnesota. Nancy Schultz Date: Reviewed By: Short Elliott Hendrickson Inc. (SEH) Bulter Square Building Minneapolis, MN 56302 -1717 (320) 229 -4300 -760- Reg. No. 20488 Page 2 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota i Table of Contents Letter of Transmittal Certification Page Table of Contents ExecutiveSummary ..................................... ............................... Section I SpaceNeeds Report ............ ............................... ........................Section II Public Works 1.0 Parks and Recreation 2.0 SiteIssues ................................................... ............................... Section III Public Works 1.0 Parks and Recreation 2.0 ProjectProbable Costs ............................. ............................... Section IV Option 1 1.0 Option 2 2.0 General Building Conditions Survey ............... ........................Section V Public Works 1.0 Parks and Recreation 2.0 Island Park Hall 3.0 NextSteps .................................................. ............................... Section VI -761- Page 3 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section Introduction Section I Executive Summary -762- Section 1.0 Page 4 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section II Space Needs Report 1.0 Public Works Meeting Attendees: Greg Skinner, City of Mound Miles Britz, SEH Sam Bontrager, SEH Meeting Time: November 14, 2001 Staffing: Planning & Design Issues ♦ Prefer to have 16 feet wide doors on all new equipment storage bays. ♦ The old equipment storage space has areas where the wood decking is exposed to moisture and mold has started to grow around those areas. These areas need to be fireproofed again to meet code requirements. ♦ Currently need six new equipment bays, but ideally would like to have 10 to accommodate future expansion. ♦ For the time being the office configuration is adequate and meets the client's needs but may have to be reconfigured to accommodate any changes made concerning space needs at City Hall. ♦ Salt/sand storage area needs to be covered. Also need a relative large staging area for mixing. ♦ Need adjacent lots to the east to meet expansion and growth of Public Works Department. ♦ Minimal exterior lot storage space needed — most equipment can be stored inside. Section 1.0 Page 5 -763- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Space Program Summary Detailed Space Program Section 1.0 Page 6 -764- t 1.1 Administration Area Front Office/Work Room 32 x 21 672 672 X Space for Secretary and waiting area Office 12 x 10 120 360 X Office 10 x 15 150 150 X Storacie 12 x 20 240 240 X Kitchen / Break Room 22x16 352 352 X Reconfigure equipment and counter space TOTAL X1.2 XXXX 1.2 Facility Support Water Department Storage 28x18 504 504 X Currently space is too small Street Department Storage 22x19 418 418 X Space size is adequate Sign Room / Storage 19x27 513 513 X Plenty of space for operations Men's Restroom 10x9 90 90 X Not ADA accessible Women's Restroom 6x9 54 54 X Not ADA accessible Locker Room 9x19 171 171 X One shower Mezzanine Storage 94x42 3008 3008 X Adequate space available Vehicle Maintenance 35x42 1470 1470 X Two vehicle lifts with 2 bays Vehicle Maintenance Storage 19x16 304 304 X Area is too small to accommodate all storage Vehicle Wash Bay 18x42 756 756 X Can be relocated TOTAL XXX X1.2 XXX 1.3Equipment Stora e West drive -in bas 16x42 672 2 1344 X Northwest storage space 43x42 1806 1 1806 X North drive -in bas 15'6 °x43 666 81 5328 X TOTAL XXX X1.2 XXX Section 1.0 Page 6 -764- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section 1.0 Page 7 -765- 1.4 New Space Needed Equipment Maintenance Bay 20x42 840 1 840 X Would not require a new lift Equipment Stora a Bay 20x42 840 10 8400 X Four of the bays would be for future growth. Sand /salt storage 100x100 10,000 1 10,000 Covered area TOTAL I I XXX X1.2 XXX 1.5 Existing Equipment Chevrolet 4x4 Chevrolet S10 Blazer New Holland LS180 Ford L8000 Ford L8000 Ford L8000 New Holland 1-785 Ford L8000 Chevrolet 1 ton Case 621 Chevrolet 1 ton Ford 1 ton Ford L8000 Chevrolet 1 ton 4x4 Chevrolet Step van Peterbilt Trackless Vac -Jet ford Cheverolet 1 ton Chevrolet 4x4 9000 tandem Elgin sweeper Elgin sweeper Chevrolet 1 ton dump Ford Tanker Ford F350 Ra o- roller Etn re -oiler Chevrolet 1 ton ROD Ford 4x4 Chevrolet 4x4 3/4 ton Chevrolet S10 Blazer Peabody — Barnes Air Compressor Melrose bobcat Ditchwitch Trailer Honda GX620 Hobart Welder JD 6059T 4AO84 -3 20KW 4A084 -3 20KW Section 1.0 Page 7 -765- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section II Space Needs Report 2.0 Parks and Recreation Meeting Attendees: Jim Fackler Miles Britz Sam Bontrager Meeting Time/Date: November 14, 2001 11:00am Staffing: Planning & Design Issues: ♦ Would like to incorporate a wash bay — maybe shared with public works? ♦ Current overhead door sizes are at 12'-0"; new doors need to be at 14'-0". ♦ Total need of three extra bays — two on the east end of the existing equipment storage building and one on the west end. Allow for some green space between the building and the road. ♦ New floor drains need to be installed in the existing bays. ♦ Electrical service needs to be upgraded. ♦ New concrete apron and asphalt paving throughout entire lot. ♦ Dependant on SBPO ruling, the existing Island Park Building could be used for the Parks and Recreation office /storage area. The large space in the hall could also serve as a recreational event space for large groups. ♦ Eroding soil from the steep slope behind both buildings is causing mold to grow on the inside of the exterior walls. This is due to improper wall construction and lack of moisture protection. Section 2.0 Page 8 -766- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Space Program Summary Detailed Space Program Y R r {µ #[p � ! 73.,�i�t' ,( �H' ,r �.Fei �nkv u11 a E�� 1.1 Equipment Storage - -- -I__ Equipment i5ay Unisex - -- -_- Part of existing bay in omer • • Unisex Restroorns _I_ Lockable area File/ Storage Room Equipment Bay Section 2.0 Page 9 -767- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota 72" Mower John Deer Chevrolet 1 ton 4x4 d Utility Trailer 7,000 Ib Chevrolet blazer4x4 John Deere 60" broor Pushmower JD 21"s( Rotory broom Shinda'. Utility Trailer, 10,000'. Skidsteer Bobcat 843 Utility Trailer, 2000 Ib Ford S/4 ton 4x4 w/ plc Brush cutter Pushmower JD 21" si Metal Detector Ford 1 ton 4x4 dump Chemical Sprayer Zodiac Jet Boat and Johnson Outboard 1( JD 48" mower Chevrolet S10 4x4 Utility Trailer, 6000 Ib JD 72" mower w/ cab Sthil blower backpacl JD 47" snow blower Ford 1 ton 4x4 with p Toro 62" mower JD 55 ho mower / flai •: Section 2.0 Page 10 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section III Site Issues 1.0 Public Works Meeting Attendees: Greg Skinner Miles Britz Sam Bontrager Meeting Time: November 14, 2001 9:00am Planning & Desi2n Issues: ♦ Currently there is 1,000 cubic yards of sand/salt storage on site. Need at least space for 3,000 cubic yards. ♦ 5 units of sand to 1 unit of salt mix rate. ♦ Need to have a covered sand/salt storage shed. ♦ Currently, the site is too small to accommodate extra square footage — would need to acquire neighboring 4 house lots to the east of the current site. uerattea 1.1 Site ,I-- -769- Section 5.0 Page 11 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section 111 Site Issues 2.0 Parks and Recreation Meeting Attendees: Meeting Time: Staffing: Planning & Design Issues: ♦ Need to repave areas in front of equipment storage buildings. ♦ Dumpster area needs to meet city requirements for enclosure. ♦ New site contouring required to address eroding soils on south side of property. Space Program Summary .E �F1 d �ta IM t5t� W V NO art{ 5.k �ti k 4...Ct><_{h4 ! 1 ��.:D4 F t ,tip t YI wM hyi tt_ti f'`t 1.1 Site S {t0 { 7 s� i ts'3' 1i fil.��Wx't� "f'FY��tyn.�t�x'sskj'E fd'.f i'ad5 R�? "l(...11il ) �]�yyi J4f ;yif}. ) ft{ L i { d t X41 i� .� Fi Ijg t"`Frtw£ 4..F .V��SCt Af' !'l 4 S {1C sr��h h �S JR - `�/� S4 5 jCOU tiCBw„S"aCU y /Kf ^.�C$ yj[{ n _ nipG CO ����'11vy�j 1`i }.:i I p OWE �1fO"�i Y �4F4 ➢1 h j�.14 {rW is WWSS kiY {`ud+r.�.},d,R y�VA�r•l.rni� E,! �.: — 'Ie�J��y.)'h „ t��ir' W4( C?C�, ys. �h °..a.�hY�..t�^3.iX��+� ?L'n.,'Sr 't FUt "Y+:... ,Y' W R i:.ir :- 1 "Yyy,''I Fy 4•^ 2��5c �{ .t M4 MEN* 00, G t Qf f Y C �tit3rdWkni F''}',k ;� - "Y£i^ i N h .. Y %C F,' .� � VI'ty�Qy ^F{c' .n xki+Y'^S ,P ail F. t-5 t �... e . _ y z 3 Detailed Space Program C i«; 'fLS�F' tt t t �F1 d �ta IM t5t� !4� (a S *tFita4 yt� f'SR +. x4R vy'ba S r C f z �i (/�,t. ('t! ..t.� t �t t Y y�r4 � C +�! iL M! ,y ] S d }:- 1 t u art{ 5.k �ti k 4...Ct><_{h4 ! 1 ��.:D4 F t ,tip t YI wM hyi tt_ti f'`t '4.k ; S {t0 { 7 s� i ts'3' 1i fil.��Wx't� "f'FY��tyn.�t�x'sskj'E fd'.f i'ad5 R�? "l(...11il ) �]�yyi J4f ;yif}. ) ft{ L i { d t X41 i� .� Fi Ijg t"`Frtw£ 4..F .V��SCt Af' !'l 4 S {1C sr��h h �S JR - `�/� S4 5 jCOU tiCBw„S"aCU y /Kf ^.�C$ yj[{ n _ nipG CO ����'11vy�j 1`i }.:i I p OWE �1fO"�i Y �4F4 ➢1 h j�.14 {rW is CP y�VA�r•l.rni� E,! �.: — 'Ie�J��y.)'h „ t��ir' £4 ' ^Yi' �r�0. z 3 hLY tC' i ub: a{, I�5 �Fi�'£1 {{ 4T£ SE t��r ��' V � �y X £i J✓ u t 'CY 3 {Y f 3� { iY� ��L •!�'y I i3 Y� .z €alb Iv at il:. t z %IBSt}18tiC �,r �em ;f Y18W$, {a j arty n ,t .a [s. +fin t e I fi r A 1.1 Site Dum ster 12x10 120 1 1 120 1 X Exterior Storage 50x75 3750 1 1 1 3750 1 X I Fenced for securi Section 5.0 Page 12 -770- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section Introduction Section IV Project Probable Costs -771- Section 6.0 Page 13 Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section V General Building Conditions Survey 1.0 Public Works Building Public Works Building Exterior Construction: • Precast concrete wall panels and painted cmu walls. Roof Construction: • Single ply membrane roof over metal decking and joists and sloped metal trusses with corrugated metal roofing. General Construction: • Interior: Painted CMU and gypsum board walls with vct floor cover in the office areas and exposed concrete floor in the storage areas. Function/Condition of Building: • First constructed in 1965 as a bus garage and then an addition was done in 1988 to convert to the current public works facility. • Building is structurally sound and able to resist the elements. • Restrooms are not ADA accessible. Section 6.0 Page 14 -772- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota Section V General Building Conditions Survey 2.0 Parks and Recreation Building _Equipment Storage Building Exterior Construction: • Painted CMU walls with no insulation. Roof Construction: • Single ply membrane roof over metal decking and joists. General Construction: • Interior: Painted CMU walls with concrete floor. Function/Condition of Building: • First constructed in the 1940s and then an addition was done in the 1960s. • The overhead doors are insulated even though the building is not. • The exterior walls would have to be insulated to comply with State Energy Code. Island Park Communitv Center Exterior Construction: • Painted poured in place concrete walls with a lapped siding look. Roof Construction: • Wood trusses and cross - member purlins with wood decking and asphalt shingles. General Construction: • Exterior: Single pane wood -framed windows and painted wood doors and frames. (Majority of the windows are boarded up.) • Interior: Stained wood paneled walls; wood flooring. Function/Condition of Building: • Constructed in 1936 for Island Park Township City Hall and fire station. • Need to contact the State Historical Preservation Office (SHPO) to determine if the building qualifies for registration on the state historical list. This determination would limit the amount of remodeling that could be done to the building to preserve its original design. • Building is structurally sound and able to resist the elements. • Roof rafters and framing are structurally sound and in good shape. Section 6.0 Page 15 -773- Space Needs Report Public Works and Parks Departments City of Mound, Minnesota • Roof would require new shingles; all roof penetrations would require new flashing. • Need to replace all windows with energy efficient models. • Kitchen area would need a major renovation to meet ADA and other food service requirements. • Building wall and roof insulation should be added to conform to State Energy Code. • Several areas in front of the building would need to be re- patched with concrete. New handrails need to be installed to comply with ADA. • Mechanical ductwork needs to be rerouted in the main hall; currently hiding architectural detailing on the roof trusses. • New mechanical heating/cooling ventilation system would need to be installed. • New Men's and Women's ADA accessible toilet rooms would need to be provided on the main floor level. • Electrical power distribution and service to building would need to be upgraded/replaced. Section 6.0 Page 16 -774- CITY OF MOUND RESOLUTION NO.06- Resolution Providing for the Sale of $1,600,000 General Obligation Improvement Bonds, Series 2006A $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B $315,000 General Obligation Equipment Certificates, Series 2006C A. WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,600,000 General Obligation Improvement Bonds, Series 2006A (the "Series 2006A Bonds "), to finance public improvements in the City; and B. WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Series 2006B Bonds "), to finance water, sewer and storm water improvement projects in the City; and C. WHEREAS, the City Council of the City of Mound, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $315,000 General Obligation Equipment Certificates, Series 2006C (the "Series 2006C Bonds "), to finance equipment purchases in the City; and D. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Mound, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds. 2. Meeting, Proposal Opening. The City Council shall meet at 7:30 pm on March 14, 2006 for the purpose of considering sealed proposals for and awarding the sale of the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Series 2006A Bonds, Series 2006B Bonds and the Series 2006C Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council this 14th day of March, 2006. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel -775- Minnesota Department of Natural Resources Central Region Waters - 1200 Warner Road, St. Paul, MN 55106 -6793 Telephone: (651) 772 -7910 Fax: (651) 772 -7977 January 23, 2006 The Honorable Jean Stark Mayor, City of Woodland 20225 Cottagewood Road Woodland, Minnesota 55331 -6700 RE: REVIEW AND COMMENT ON CITY OF MOUND'S REQUEST FOR FLEXIBIL Y FROM STATE OF MINNESOTA'S SHORELAND MANAGEMENT STANDARDS Dear Mayor Stark: As required by the statewide shoreland management standards, the Commissioner of the Minnesota Department of Natural Resources (DNR) and the City of Mound are hereby notifying your city of Mound's request for flexibility from the statewide shoreland management standards pertaining to lot size and lot width as outlined below. State standards for riparian lots are 15,000 square feet on General Development lakes (Lake Minnetonka and Lost Lake), 20,000 square feet on Recreational Development lakes (Langdon Lake), and 40,000 square feet on Natural Environment lakes (Saunders Lake). For non - riparian lots, the state standards are 10,000 square feet, 15,000 square feet, and 20,000 square feet, respectively. In 1994 the City of Mound received approval for a minimum lot size of 10,000 square feet and a minimum lot width of 60 feet in all shoreland districts after review and approval of all other Lake Minnetonka communities. Enclosed are correspondence and a diagram from the city to provide further explanation and clarification of their request. The city and the DNR are asking that you provide your review and comments, if any, to the DNR within 45 days of the data of this letter. If no reMonse is received prior to then we will assume that Your city approves the City of Mound's proposal. The City of Mound describes the zoning districts that pertain to shoreland areas as follows: R-1 (Single Family Residential): allows the continuation of .existing. residential development and the-infill of existing lots in residential areas of the City where services are available; R- 1A (Single Family_ Residential): shall function as an area where historical platting practices of small lots call for a relaxation of development standard for remodeling and construction of infill residential; and R -2 (Two Family Residential): is intended to provide a district which will allow two family residential dwellings and twin homes upon review. The City of Mound is. requesting the following standards in shoreland areas: 1) Require lots created through the waiver of platting procedure outlined in City Code Chapter 330.10 (B) to have a minimum lot area of at least 10,000 square feet in R -1 districts and 6,000 square feet in R- IA/R -2 districts. 2) Stipulate that riparian lots created by subdivision must have a minimum lot area of at least 10,000 square feet in all zoning districts. Riparian lots which are separated from public waters by commons or undeveloped, platted streets may include a portion of this adjacent area to meet the minimum lot area standard. The portion of 'the commons or undeveloped, platted street to be included to meet lot area requirements must be above the ordinary high water level (OHWL), identified on the plat, and be agreed to by the City. These areas would have to be kept in an undeveloped state for as long as the lot existed. DNR Information: 651 - 296 -6157 - 1- 888 -646 -6367 • TTY: 651- 296 -5484 - 1 -800- 657 -3929 An Equal Opportunity Employer #y Printed on Recycled Paper Containing a Who Values Diversity �t� Minimum of 10% Post - Consumer Waste -776- January 23, 2006 Page (2) 3) Require non - riparian lots created by subdivision to have a minimum lot area of at least 10,000 square feet in R -1 districts and 6,000 square feet in R- lA/R -2 districts. 4) Permit the development of vacant, existing lots which do not require subdivision if they meet the minimum lot area requirement of 10,000 square feet in R -1 districts and 6,000 square feet in R- lA/R -2 districts. 5) Require minimum Idt widths in R- lA./R -2 districts to be 50 feet for all riparian lots and 40 feet for all non -riparian lots (where the state standard is 75 feet for riparian and non - riparian). 6) Allow the redevelopment of an existing lot with an existing house where it is not in conflict with the requirements of MN Rule 6120.3300, Subpart 2, D which requires contiguous lots that are under the same ownership and smaller than 60% of the 10,000 square foot lot size requirement (or 6,000 square feet) to be combined prior to their development or sale. Please have appropriate staff review the proposed flexibility request and, if necessary, provide your comments to me at the address listed above within 45 days. If there are any questions, contact me at 651- 772 -7910 or Sarah Smith, Mound Community Development Director at 952 - 472 -0604. Sincerely, ulie C. Ekman Area Hydrologist Enclosure c: Sandra Langley, City Manager Peder Otterson, Shoreland Unit Hydrologist -777- Mailing: January 23, 2006 City of Mound's Request For Flexibility From State Shoreland Management Standards Mailed to: Lake Minnetonka Communities: Mayors /Clerks The Honorable Tom L. Anderson Mayor, City of Deephaven Clerk: Ms. Sandra Langley The Honorable Nick Ruehl Mayor, City of Excelsior Clerk: James Olds The Honorable Bob Newman Mayor, City of Greenwood Clerk: Roberta Whipple The Honorable Karen J. Anderson Mayor, City of Minnetonka Clerk: Kathy Magrew The Honorable James Gasch Mayor, City of Minnetonka Beach Clerk: Marilyn Regnier The Honorable Cheryl Fischer Mayor, City of Minnetrista Clerk: Brenda Juneau The Honorable Barbara Peterson Mayor, City of Orono Clerk: Lin Vee The Honorable Woody Love Mayor, City of Shorewood Clerk: Jean Panchyshyn The Honorable Jerome Rockvam Mayor, City of Spring Park Clerk: Sharon Corl The Honorable Douglas Keller Mayor, City of Tonka Bay Administrator, Sara Irvine -778- The Honorable Jerry Bohn Mayor, City of Victoria Clerk: Jennifer Kretsch The Honorable Andrew Humphrey Mayor, City of Wayzata City Manager: Allan Orsen The Honorable Jean Stark Mayor, City of Woodland Manager: Sandra Langley -779- H C VA crtr IV Y, 0 H 0 A a0 O -n MO mc = v °' H O In j s s z cu m °i 3 sy 3 cg cn ,...� B.S & �D B O N u 3 fD Yo a. 3 II s rt II s w N O @ O O N @ m C= a(nto m m O O rL O cr -* 3:�rtAA 0 C < 0 C O o d to rp 0) n ° S ° o ? ._... _ __.. '* o o X v to O rt 'i_ TT �^ O in Ol .TT N a O N = N e-r •0 '"t N Ol CL a; .o g o d Di of L CL oto :Z �_ '' rt �0 s �0 �o s a EF � � s �a 2_ 2L LP 3 o �a 0 0 7 3 CD C S C � C ° 0 Crn B d o rn Im s H o Q y CD N ry� o 7 A gS M Fy M_ CL fD ~ r µ � (�D 01 N � Er N in X tn En rt tL rr rt 0 O Cr1 Q o -779- H C VA crtr IV Y, 0 H 0 A a0 O -n MO mc = v °' H O In j c� 193 =L N = p C = o O to tp u =3 = - O 7' N OI 3 c m o?a, o Ckf m y (x a+ t rOr rt f'h O N �G N 7 {� X. 0 N f�CAy IT �( z o � an = _ a o � a ul o "o 0 s or ? fl+ , �2 im n _7S o = =L ' a CP � C GIN 3 � 3 CD s S U) CD s �p9z ul a rt C . � r 0 cn c En c rt cr. N • / H C Lp 0 y n 0 t4 so FA 0 �n C� ao 0 a v cr H rt O 1 In K O' Y C1 OF MQUND BY ELECTRONIC AND USMAIL January 11, 2005 Julie Ekman Area Hydrologist DNR Waters 1200 Warner Road St. Paul, MN 55106 RE: Mound Flexibility Request Dear Ms. Ekman, The purpose of this correspondence is to formally follow -up to the City's October 25, f^ 2005 request for flexibility and your November 14, 2005 response. The City of Mound is requesting flexibility in its shoreland regulations as allowed in Minnesota Rules 6120.2800 Subpart 3. As more fully outlined in the October 25, 2005 correspondence, the City of Mound is requesting flexibility in an effort to continue its historical development pattern of smaller sized lots. Mound was originally platted with small lots and substantial areas of park commons surrounding Lake Minnetonka. The established pattern of small lots, narrow street right -of -ways and public commons results in issues that are unique to Mound and are not found in suburban communities that are either developing, or that initially developed with larger lots. The continuation of "similar sized" lake lots helps maintain consistency with the City's established neighborhoods. In addition, as Mound is nearing full development there are relatively few "larger" vacant parcels, rather, the majority of the remaining vacant residential land consists of smaller, infill lots. Specifically, the City proposes to revise its current language in City Code Chapter 350.1225 in a manner which will: 1. Add wording from MN Rule 6120.3300, Subpart 2, D which would require contiguous lots that are under the same ownership and smaller than 60% of the 10,000 square foot lot size requirement (or 6,000 square feet) to be combined prior to their development or sale. -781- 2. Require lots created through the waiver of platting procedure outlined in City Code Chapter 330.10 (B) to have a minimum lot area of at least 10,000 square feet in R 1 districts and 6,000 square feet in R- lA/R -2 districts. -- -- 3 — Stipulate that-riparian -lots- created by- subdi-vision- must - have -a min;mum.- lot - area - - - - -- of at least 10,000 square feet in all zoning districts. Riparian lots which are separated from public waters by commons or undeveloped, platted streets may include a portion of this adjacent area to meet the minimum lot area standard. The portion of the commons or undeveloped, platted street to be included to meet lot area requirements must be above the ordinary high waxer level (OHWL), identified on the plat, and be agreed to by the City. These areas would have to be kept in an undeveloped state for as long as the lot existed. 4. Require non - riparian lots created by subdivision to have a minimum lot area of at least 10,000 square feet in R -1 districts and 6,000 square feet in R- 1A/R -2 districts. 5. Permit the development of vacant, existing lots which do not require subdivision if they meet the minimum lot area requirement of 10,000 square feet in R -1 districts and 6,000 square feet in R- IA/R -2 districts. 6. Require minimum lot widths in R- lA/R -2 districts to be 50 feet for all riparian lots and 40 feet for all non - riparian lots. 7. Allow the redevelopment of an existing lot with an existing house where it is not in conflict with the requirements added as part of item #1 above. Respectfully, Staff requests your prompt review of this request. In the event you have any questions, or require any further information, please feel free to contact me at 952- 472 -0604. Sincerely, Sarah Smith Community Development Direc -782- NOTICE OF PUBLIC HEARINGS FOR XCEL ENERGY permission to increase its electiaty rates. If approved by the MPUC, the proposed new rates will result in an overall increase in revenue of $168 million, or approxinodely 8 percent annualllt While the MPUC considers Xcel EnerWs request, state law allows Xcel Energy to collect higher rates on an interim basis. The overall interim rate increase is 7.25 percent over current rates, or $3.92 per month for an average residential carstow.. This increase appears on customer bills as an interim rate adjustment The Compari/s last request for a rate increase was in 1992. Hate changes for ti ffeent customer classes may be higher or lower than the overall increase of 8 percent based on the costs of serv- ing those classes. The MPUC has until September 5, 2006 to issue its decision. In addition, Xce] Energy is requesting changes in its terms of service. In particular, our request proposes that dffw f-day mates apply to all customers in the large commercial class with electric demand of 1000 kW and above. Xcel Energy is also proposing a supplement to the demand side marnagernent recovery mednardsm, and a rate mechanism to allow for recovery of certain finan- dal implicationns resulting from future purchased power agreements. Rate increases stemming from these last two proposals are not reflected in the final rate increase noted above. Under Xcel Energy's proposal, any rate change under these two requests would occur under parameters established by the MPUC in this rate case proceeding. Specific rate adjustments pursuant to these proposals would not take effect prior to January 1, 2007 and would be subject to further notice, heating, and approval by the MPUC Adnunistradve Law judge Kathleen D. Sheehy has scheduled public hearings so that customers may have an opportunity to present their views on the proposed rite increase Any Xcel Energy customer or other person may attend or provide comments at the hearings. You are invited to comment on the adequacy and quality of Xod Energy's service, the level of nab, or other related matters. You do not need to be represented by an attorney. PUBLIC HEARING SCHEDULE: Bloomington - Monday, March 13, 2006 at 1:30 pm Bloomington Civic Plan - Rehearsal Room 1800 W. Old Shakopee Road (Finer on the North side Art Center entrance) Minneapolis - Tuesday, March 14, 2006 at 7 pm. Minneapolis Community and Technical College Wheelock Whitney Library -Room 13000 1501 Hennepin Avenue St Paul - Thursday, Mandl it 20M at 7 p.m. St Clair Recreation Center - Gym 265 Oneida Street Oakdale - Monday, March 20, 2006 at 7 pm Prom Calder- Rreside Room 484 Inwood Avenue Winona - Tuesday, March 21, 2006 at 7 pm. Winona City Hall - Council Chambers 201 Letayette Mankato - Thursday, March 212006 at 7 pm. Intergovemmentel Carder - Minnesota River Room 10 Civic Center Plata St Cloud - Monday, March 27, 2006 at 7 pm. Steams County Courthouse - Commissioners Room 725 Courthouse Square Moorhead - Tuesday, March 28, 2006 at 7 pm Video Conference Clay County Family Services 71511th St North Plymouth - Tuesday, March 2a, 20M at 7 pm Video Conference Onvoy 10300 61h Ave. North Montevideo - Thursday, March X 2006 at 7 pm Chippewa County Courthouse 629 N.11th Street St Paul - Thursday, April It 2006 at 7 pm. Minnesota Public Utilities Commission Large Hearing Room, 3rd floor Metro Square Building 121 Seventh Place East Individuals unable to attend the public hearings may send written comments by April 17, 2006, to Administrative law Judge Kathleen D. Sheehy, Office of Administrative comments are most effective vdien the following four items are included: (1) the sec- tion of Xcel Energy s proposal you are addressing; (2) your specific recommendation; (3) the reason for your recommendation; and (4) the OAH Docket No. 3 -2500- 17033-2 and MPUC Docket No. E002/0-05 -1428. You may also provide comments to the MPUC, 121 Seventh Place East, Suite 350, St Paul, MN 55101 -2147, telephone (651) 296 -0406 or (800) 657 -3782, or e-mafl consumerpuc @state.mn.us. Please be sure to reference OAH Docket No. 3- 2500 - 17033 -2 and MPUC Docket No. E002/GR -05 -1428 in all correspondence, requests, inquiries, and public comments. Formal evidentiary hearings on Xcel Energy's proposal are scheduled to start on April 20, 2006, at 9:00 am. in the MPUC's Large Hearing Room, 3rd Floor, 121 Seventh Place East, SL Paul, MN. The purpose of the evidentiary hearings is to allow Xcel Energy, the Minnesota Department of Commerce Energy Planning and Advocacy t)ffice, the MiZ 0" of the ce Attornhers to pimony and to cross-examinpod rate You may contact Admirtisttadve Law Judge Sheehy for informs - don about procedures at the public and evidentiary hearings. Below are examples of the effect of interim rates and the proposed increase on typi- cal bills of Xcel Energy's customers. Individual changes may be higher or lower depending on actual electricity usage. I volsomm Residential Low 400 $35.02 $37.56 $4030 Residential Avg 650 $54.04 $57.96 $61.06 Residential High 1,000 $80.67 S86.52 $90.12 Sm. General Low 750 $63.89 $68.53 S71.69 Sm. General Avg 1,500 $121.91 $129.67 $133.96 Sm. General High 4,000 $310.96 S333.50 $341.54 General Svc Low 14,600 $97931 $1,05030 $1,060.16 General Svc Avg 40 ,150 $2,373.52 $2,545.60 $2,572.56 General Svc High 189,800 $10,384.55 $11,137.43 $11,220.70 Peak Control Low 32,850 $2,456.22 $2,63430 $2,695.40 Peak Control Avg 109,500 S7,095.86 $7,61031 $7,763.61 Peak Control High 306,600 $18,405.41 $19,739.80 $20,065.45 The rate changes described in this notice have been requested by Xcel Energy The MPUC may either grant or deny the requested changes, in whole or in part, and may grant a lesser or greater increase than drat requested for any class or classes of service. For more information about the public hearings or the proposed increase, you may contact the Minnesota Public Utilities Commission, 121 Seventh Place East, Suite 350, St. Paul, MN 55101 -2147; (651) 296 -0406; (800) 657 -3782; or consumer.puc@state.imi.us. The proposed rate schedule and a comparison of present and proposed rates may be examined by the public during normal business at Xcel Energy's offices located at 414 Nicollet Mall in Minneapolis. You may also examine our current and proposed rate schedules and our request for new rates by visiting wwwacelenergy:com. Or, you may contact the Minnesota Department of Commerce, located at 85 Seventh Place Fast, Suite 500, St Paul, MN 55101 -2198, Telephone: (651) 296 -6913, or Try: (651) 297 -3067, to examine this filing. -783- xcalanerpccom 02006 Xcel Energy Inc, BEFORE THE v rNN— ESOTA PUBLIC UTILITIES COMMISSION -- e ov oppen raver Chair Marshall Johnson Commissioner Ken Nickolai Thomas Pugh Phyllis A. Reha In the Matter of the Application of Northern States Power Company d/b /a Xcel Energy for Authority to Increase Rates for Electric Service in Minnesota Commissioner Commissioner Commissioner ISSUE DATE: January 24, 2006 DOCKET NO. E- 002 /GR -05 -1428 ERRATUM NOTICE On December 30, 2005, the Commission issued its NOTICE AND ORDER FOR HEARING in this matter. On page 2 of that procedural Order, a table which was intended to show the Company's proposed rate increase by customer class included. by inadvertence, six rows of data not properly a part of such table. The roves in question (entitled Municipal Pumping, Stored Heat, Water Heating, Other Revenue. Subtotal. and Resale - Firm Service) were part of a table created for another utility's rate case and do not relate to Xcel's case. In addition. the row entitled Commercial and Industrial (Total) was inadvertently repeated. The corrected table showing the Company's proposed rate increases by customer class therefore is as follows: own Class of Service Operating Revenue (S1.000's) Present Proposed Percent Residential $747.540 $829.127 10.9% Commercial and $81.511 589,745 10.1% Industrial (non -Demand Metered) Commercial and $1.240,518 $1.316,076 6.1% Industrial (Demand Metered) Commercial and 51,322,029 $1,405,821 6.3% Industrial (Total) Public Authorities S6,524 $7,010 7.4% Lighting S22.592 $24,668 9.2% �-- Total Retail (Unadjusted, $2,098.685 52,266,625 8.0% The Order is unchanged in all other respects and remains in effect as of the date of issuance. December 30. 2005. BY ORDER OF THE COMMISSION Burl aar ?;�� Executive Secretary (SEAL) This document can be made available in alternative formats (i.e., large print or audio tape) by calling 651- 201 -2202 (voice) or 1- 800 - 627 -3529 (MCI relay service). 2 -785- BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION LeRoy Koppendray C rZV9 O E Chair Marshall Johnson D Commissioner Ken Nickolai (� JAN 32006 Commissioner nh Phyllis A. Reha Commissioner In the Matter of the Application of Northern ISSUE DATE: December 30, 2005 States Power Company d/b /a Xcel Energy for Authority to Increase Rates for Electric Service DOCKET NO. E- 002 /GR -05 -1428 in Minnesota NOTICE AND ORDER FOR HEARING PROCEDURAL HISTORY On November 2, 2005, Xcel filed an Application for a Proposed Increase in Electric Rates with the Commission. The Commission met on December 15, 2005 to consider this matter. Contemporaneously with this Order, the Commission is issuing its ORDER ACCEPTING FILING AND SUSPENDING RATES and its ORDER SETTING INTERIM RATES. FINDINGS AND CONCLUSIONS I. Jurisdiction and Referral for Contested Case Proceedings The Commission has jurisdiction over proposed rate changes under Minn. Stat. § 216B.16. If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates on the basis of the filing itself, the Commission is to refer the matter to the Office of Administrative Hearings for contested case proceedings. Minn. Stat. § 216B.16, subd. 2. The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates on the basis of the Company's filing. The Commission will therefore refer the matter to the Office of Administrative Hearings for contested case proceedings. II. Proposed Rates The Company proposes rate increases by customer class as follows: Class of Service Operating Revenue ($1,000's) Present - Proposed Percent Increase/Decrease Residential $747,540 $829,127 10.9% Commercial and Industrial (non - Demand Metered) $81,511 $89,745 10.1% Commercial and Industrial (Demand Metered) $1,240,518 $1,316,076 6.1% Commercial and Industrial (Total) $1,322,029 $1,405,821 6.3% Commercial and Industrial (Total) $1,322,029 $1,405,821 6.3% Commercial and Industrial (Total) $1,322,029 $1,405,821 6.3% Public Authorities $6,524 $7,010 7.4% Lighting $22,592 $24,668 9.2% *Municipal Pumping $1,130,911 $1,371,214 21.2% *Stored Heat $10,583 $25,21613 8.3% *Water Heating $218,739 $478,951 119.0% *Other Revenue $5,128,047 $5,131,316 0.1% *Subtotal $67,023,828 $71,785,276 7.1% *Resale - Firm Service $35,773 $43,019 20.3% Total Retail (Unadjusted) $2,098,685 $2;266,625 8.0% 787- Xcel is also proposing changes to the residential monthly customer charge. For example, the following Table summarizes the present and proposed customer charge for the residential class: Residential Customer Charges Present Charge Proposed Charge 44.59 $7.09 Overhead Underground $6.59 $9.09 Overhead - Electric Space Heating Underground - Electric Space Heating $6.09 $8.09 $9.09 $11.09 M. Issues to be Addressed Parties shall specifically and thoroughly address the following issues in the course of the contested case proceedings ordered herein: (1) Is the test year revenue increase sought by the Company reasonable or will it result in unreasonable and excessive earnings by the Company? (2) Is the rate design proposed by the Company, including proposed revisions to customer charges, reasonable? (3) Are the Company's proposed capital structure, cost of capital, and return on equity reasonable? The parties may also raise and address other issues relevant to the Company's proposed rate increase. IV. Procedural Outline A. Administrative Law Judge The Administrative Law Judge assigned to this case is Kathleen Sheehy. Her address and telephone number are as follows: Office of Administrative Hearings, Suite 1700, 100 Washington Square, Minneapolis, Minnesota 55401 -2138; 612 - 341 -7602. B. Bearing Procedure Controlling Statutes and Rules 3 Hearings in this matter will be conducted in accordance with the Administrative Procedure Act, Minn. Stat. §§ 14.57 - 14.62; the rules. of the Office of Administrative Hearings, Minn. Rules, parts 1400.5100 to 1400.8400; and, to the extent that they are not superseded by those rules, the Commission's Rules of Practice and Procedure, Minn. Rules, parts 7829.0100 to 7829.3200. Copies of rint Communications Division of the Department of Administration, 660 Olive Street, St. Paul, Minnesota 55155; (651) 297 -3000. These rules and statutes also appear on the State of Minnesota's website at www.revisor.leg.state.mn.us. The Office of Administrative Hearings conducts contested case proceedings in accordance with the Minnesota Rules of Professional Conduct and the Professionalism Aspirations adopted by the Minnesota State Bar Association. Right to Counsel and to Present Evidence In these proceedings, parties may be represented by counsel, may appear on their own behalf, or may be represented by another person of their choice, unless otherwise prohibited as the unauthorized practice of law. They have the right to present evidence, conduct cross - examination, and make written and oral argument. Under Minn. Rules, part 1400.7000, they may obtain subpoenas to compel the attendance of witnesses and the production of documents. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. Discovery and Informal Disposition Any questions regarding discovery under Minn. Rules, parts 1400.6700 to 1400.6800 or informal disposition under Minn. Rules, part 1400.5900 should be directed to Susan Mackenzie, Public Utilities Rates Analyst, Minnesota Public Utilities Commission, 121 r Place East, Suite 350, St. Paul, Minnesota 55101 -2147, (651) 201 -2241; or Kari Zipko, Assistant Attorney General, 1100 NCL Tower, 445 Minnesota Street, St. Paul, Minnesota 55101, (651) 296 -1408. Protecting Not - Public Data State agencies are required by law to keep some data not public. Parties must advise the Administrative Law Judge if not -public data is offered into the record. They should take note that any not -public data admitted into- evidence may become public unless a parry objects and requests relief under Minn. Stat. § 14.60, subd. 2. Accommodations for Disabilities; Interpreter Services At the request of any individual, this agency will make accommodations to ensure that the hearing in this case is accessible. The agency will appoint a qualified interpreter if necessary. Persons must promptly notify the Administrative Law Judge if an interpreter is needed. 4 290 Scheduling Issues The times, dates, and places of public and evidentiary hearings in this matter will be set by order of the Administrative Law Judge after consultation with the Commission and intervening parties. Any party intending to appear at the hearing must file a notice of appearance (Attachment A) with the Administrative Law Judge within 20 days of the date of this Notice and Order for Hearing. Sanctions for Non - compliance Failure to appear at a prehearing conference, a settlement conference, or the hearing, or failure to comply with any order of the Administrative Law Judge, may result in facts or issues being resolved against the party who fails to appear or comply. C. Parties and Intervention The current parties to this case are the Company, the Minnesota Department of Commerce, and the Residential and Small Business Utilities Division of the Office of the Attorney General. Other persons wishing to become formal parties shall promptly file petitions to intervene with the Administrative Law Judge. They shall serve copies of such petitions on all current parties and on the Commission. Minn. Rules, part 1400.6200. D. Prehearing Conference A prehearing conference will be held in this case on Friday, January 13, 2006, at 1:30 p.m. in the Large Hearing Room at the offices of Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101. Persons participating in the prehearing conference should be prepared to discuss time frames, scheduling, discovery procedures, and similar issues. Potential parties are invited to attend the pre - hearing conference and to file their petitions to intervene as soon as possible. E. Time Constraints The Commission is required to act on substantially complete rate case filings within ten months, although this ten -month period can be extended for brief periods to permit the negotiation and consideration of settlements.' The Commission asks the Office of Administrative Hearings to conduct contested case proceedings in light of these time constraints and requests that the Administrative Law Judge submit her final report within eight months of November 2, 2005, the date on which this rate case filing was substantially complete. ' Minn. Stat. § 216B.16, subd. 2; Minn. Stat. § 216B.16, subds. la and 2. 5 -790- V. Application of Ethics in Government Act The lobbying provisions of the Ethics in Government Act, Minn. Stat. § § 10A.01 et seq., apply to general rate cases. Persons appearing in this proceeding may be subject to registration, reporting, ----- and other- r-equir-ernents- set-forth-in - Act — All -persons- appearing -in this- ease - are- ur- ged -to -refer to - -_ the Act and to contact the Campaign Finance and Public Disclosure Board, telephone number (651) 296 -5148, with any questions. VI. Ex Parte Communications Restrictions on ex parte communications with Commissioners and reporting requirements regarding such communications with Commission staff apply to this proceeding from the date of this Order. Those restrictions and reporting requirements are set forth at Minn. Rules, parts 7845.7300- 7845.7400, which all parties are urged to consult. VII. Notices Required; Delegation of Authority Finally, the rate case statute and the Commission's rules require comprehensive notice of proposed general rate increases. Those notices are required in the ordering paragraphs below, and to promote administrative efficiency, the Commission will delegate to the Executive Secretary the --. authority to approve customer notices and bill inserts for the duration of this proceeding. The Commission hereby refers this case to the Office of Administrative Hearings for contested case proceedings, as set forth above. 2. A prehearing conference shall be held on Friday, January 13, 2006 at 1:30 p.m. in the Large Hearing Room at the offices of the Minnesota Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101. 3. The Company shall promptly mail copies of this Order to all municipalities and counties within in its Minnesota service area. 4. Public hearings shall be held in this case at locations within the service area of the Company. The Company shall give the following notices of the evidentiary and public hearings: a. individual written notice to each customer, which may be in the form of a bill insert, and shall be served at least ten days before the first day of hearings; b. written notice to the governing bodies of all municipalities and counties in the area affected and to all parties in the Company's last two rate cases; these notices shall be mailed at least ten days before the first day of hearings; -791-5 C. display advertisements in legal newspapers of affected counties and other newspapers of general circulation within the Company's Minnesota service area; these advertisements shall appear at least ten days before the first day of hearings. They shall include the heading RATE INCREASE NOTICE, which heading shall -appear in -bold fac -eA"em mailer- than -3a -points; 6. The Company shall submit proposed notices for Commission approval prior to publication or service. 7. The Commission delegates to the Executive Secretary the authority to approve customer notices and bill inserts for the duration of this proceeding. 8. This Order shall become effective immediately. PW.Haar THE MMIS SION Executiv e Secretary (S E A L) This document can be made available in alternative formats (i.e., large print or audio tape) by calling (651) 297 -4596 (voice), or 1- 800 - 627 -3529 UVIN relay service). 7 -792- ATTACHMENT A �- BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401 -2138 FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION 121 Seventh Place East Suite 350 SL Paul, Minnesota 551-01-2147_ _ In the Matter of the Application of Northern States Power Company d/b /a Xcel Energy for Authority to Increase Rates for Electric Service in Minnesota MPUC Docket No. OAH Docket No. E- 002 /GR -05 -1428 NOTICE OF APPEARANCE Name, Address and Telephone Number of Administrative Law Judge: Kathleen Sheehy, Office of Administrative Hearings, Suite, 1700, 100 Washington Square, Minneapolis, Minnesota 55401; (612) 349 -7602. TO THE ADMINISTRATIVE LAW JUDGE: You are advised that the party named below will appear at the above hearing. NAME OF PARTY: ADDRESS: TELEPHONE NUMBER: PARTY'S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: W1.0101 Medi-a--com Theresa Sunde Community Relations Coordinator March 1 2006 Dear Community Official: Mediacom Communications has invested extensively in building a fiber optic network to provide area residents with advanced video and high -speed broadband services. Mediacom is now pleased to announce the introduction of Mediacom's phone service in your community. The delivery of phone service delivered over the same line as video and high -speed Internet services completes the "triple play" bundle of telecommunications services and provides direct competition to the existing telephone provider. Mediacom's phone service will provide unlimited local and long distance residential service, including the most popular features, for a flat monthly fee as low as $29.95 per month. We believe most customers will enjoy the opportunity to save on their total monthly communications bill by choosing Mediacom for voice, video and Internet service. . Delivering telephone service marks another major achievement in bringing our customers better value and more choice. Mediacom's broadband network continues to provide a platform for new products and services. Please contact me directly at (507) 835 -2356 if you have any questions regarding this new product. Sincerely, Theresa Sunde Enclosures Mediacom Communications Corporation 1504 2nd Street SE • Waseca, MN 56093 • 507- 835 -2356 • Fax 507- 835 -4567 -794- 32 MNMO JULY 200 -795- M."a Vd.-z-t &71,W 1 2415 Wilshire Blvd. Mound, Minnesota 55364 Memorandum To: Kandis Hanson From: Greg Pederson Subject: Mound Fire Department Customer Service Date: March 6, 2006 The firefighters in Mound quietly go about there business in a professional manner every day and every week. Our Mound firefighters have a positive attitude that reflects the importance of customer relations and customer service. The firefighters go about their business without fanfare or the desire for individual recognition. On a regular basis here at Mound Fire Department we get letters and/or a verbal thank you from the people we help and serve. I have attached copy of a recent letter (example) that we received from one of our customers that is also a local resident. The letter is an indication of our fire departments regular day -to -day service and quality of work. I would appreciate it if you would include this letter in the city council packet as a reminder of the professional quality volunteer staff we have here at Mound Fire Department. Note: obviously, the firefighters are not looking for any special recognition. Thank You, .5""� Greg P erson Fire Chief Enclosure -796- ANN & MICHAEL CARR 5606 KRAMER ROAD MINNETRWA, MN 55364 February 20, 2006 'ro- fcre,Vepa nt Moue4 MIV: I wZ never, ewer complaity about wry tcrx * agaW Boy, do-I jiel,, Utcky a ui,g ateft4tn -Uve,E vt wOvwc�va, fwwgroccp of people, av the, FtmPepa tmont: fferer's,t� short vers�iovv of my sorry I've, beery Oten� an& fib wWv tw/ 4mf v"VbY s but that one, ik better %vvpersovu About 1:30 al ou Saturday morning, (February 18), I wa4 awair-�out of a, sQwn,d, sleep by a's" ''i o-Cw. 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' .M Im CL i i jL la a� a a E a g I II P 4.'k Mic m jc Ic c ip I -801- 01 d0 I Nf1WW0O UAN013NN I W 37141 WOaA WdOtb : Z Z 9007 -P ? -FA C1 ? 1�1 Q �D N O 3 CD CL c ~3 ~~ ~ ~~ _ ~ , 5341 MAYWOOD ROAD Ir OF MDUND MOUND, MN 55364-1687 March 13, 2006 PH: (952) 472-0600 FAX: (952) 472-0620 WEB: www.cityofmound.com TO: Mayor and City Council FROM: Bonnie Ritter RE: Item No. 8 The resolution in your packet was adopted on February 14. The following resolutions are to be adopted this evening. 8A. Resolution Providing for the Issuance and Sale of $1,600,000 General Obligation Improvement Bonds, Series 2006A, Pledging Special Assessments for the Security Thereof and levying a Tax for the Payment Thereof. 8B. Resolution Providing for the Issuance and Sale of $1,240,000 General Obligation Utility Revenue Bonds, Series 20066 and Pledging for the Security Thereof Net Revenues 8C. Resolution Providing for the Issuance and Sale of $315,000 General Obligation Equipment Certificates, Series 2006C, and Levying a Tax for the Payment Thereof Sorry for the inconvenience. Bonnie ®printed on recycled paper CITY OF MOUND RESOLUTION NO. 06- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Mound, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $1,600,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements for the 2006 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 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. 1879907v1 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated April 11, 2006, 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 2008 $ 80,000 2015 $105,000 2009 80,000 2016 110,000 2010 85,000 2017 115,000 2011 90,000 2018 120,000 2012 90,000 2019 125,000 2013 95,000 2020 130,000 2014 100,000 2021 135,000 2022 140,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only S sue. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have 1879907v1 2 any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 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 maybe, 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. ig~99o~~i 3 (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 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 1879907v1 4 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 February 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 Year 2008 2009 2010 2011 2012 2013 2014 Interest Rate Maturity Year 2015 2016 2017 2018 2019 2020 2021 2022 Interest Rate 5. Rede>~tion. 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, 1879907v1 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 Re istrar. 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. 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: 1879907v1 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A INTEREST MATURITY RATE DATE FEBRUARY 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DATE OF ORIGINAL ISSUE APRIL 11, 2006 DOLLARS CUSIP THE CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 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 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. 1879907v1 7 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 Redem tp ion. 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 Obli ag tion. This Bond is one of an issue in the total principal amount of $1,600,000, 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 14, 2006 (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 2006A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange• Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully 1879907v1 registered Bonds of other Authorized Denominations in equal aggregate principal amounts at tale 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 won Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 1879907v1 9 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 1879907v1 1 Q ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) (Minor) 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.) 1879907v1 1 1 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 1879907v1 1 2 g. 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 maybe 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 1 1, 2006. 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 1879907v1 1 3 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. 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. Ri hg is Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1879907v1 1 4 14. Delivery Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2006A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be .maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 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 special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before February 1, 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 1879907v 1 15 Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of 5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than 20% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified below: i a~99o~~i 16 Levy Collection Improvement Desi ng ation Amount Years Years Rate 2006 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 Lew; 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 Lew Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. is~99o~~i 17 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. (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 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. 1879907v1 1 8 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. 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. 1879907v1 1 9 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (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 if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bond is a private activity bond; (iii) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of .all tax exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Qualified Tax-Exempt Obli ations. 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; 1879907v1 20 (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 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 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. Adopted by the City Council of the City of Mound this 14"' day of March, 2006. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 1879907v1 2 1 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 $1,600,000 General Obligation Improvement Bonds, Series 2006A. WITNESS my hand on March _, 2006. Clerk 1879907v1 22 EXHIBIT A Bid Tabulation 1879907v 1 A-1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAX AND PUBLIC RECORD'S CERTIFICATE COUNTY OF HENNEPIN AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting Director of Property Tax and Public Records of Hennepin County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on March 14, 2006, by the City Council of the City of Mound, Minnesota, authorizing the issuance of $1,600,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds, and the Bonds have been entered in my Bond Register and the tax levy required by law has been made. WITNESS my hand and the seal of the Director of Property Tax and Public Records on 2006. Director of Property Tax and Public Records By: Deputy County Auditor (SEAL 1879907v1 CITY OF MOUND RESOLUTION NO. 06- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,240,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2006B AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Mound, Minnesota (the "City"), owns and operates a municipal water utility system (the "Water System"), a municipal sewer utility system (the "Sewer System"), and a municipal storm sewer utility system (the "Storm Sewer System" and, together with the Water System and the Sewer System, the "System"), as separate revenue producing public utilities and there are outstanding (i) $1,355,000 original principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003B, dated July 1, 2003 (the "2003 Bonds"), which are payable from the net revenues of the Water System and Sewer System and (ii) $1,585,000 original principal amount of General Obligation Bonds, Series 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 (iii) $1,675,000 original principal amount of General Obligation Revenue Bonds, Series 2004B, dated June 22, 2004 (the " 2004B 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 (together, the "Outstanding Bonds"); and B. WHEREAS, the City Council has heretofore determined that it is necessary and expedient to issue $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes Chapter 475 and Section 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: 1880291v1 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 11, 2006, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 $45,000 2018 $65,000 2009 45,000 2019 70,000 2010 45,000 2020 70,000 2011 50,000 2021 75,000 2012 50,000 2022 80,000 2013 55,000 2023 80,000 2014 55,000 2024 85,000 2015 60,000 2025 90,000 2016 60,000 2026 95,000 2017 65,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only sue. 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. ~ssoa9i~i 2 (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"}. Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) 'The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all 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 isso29i~i 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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only S sy tem. 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 isso29i~i 4 Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Cost. The Bonds shall provide funds to finance the Project in the City. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 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: Maturi Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Interest Rate Maturit~Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 Interest Rate 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 issoa9i~i 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 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 Re i~ar. 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 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: isaoz9i~i 6 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2006B INTEREST MATURITY DATE OF CUSIP RATE DATE ORIGINAL ISSUE _% FEBRUARY 1, 20_ APRIL 11, 2006 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 February 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 iasoz9i~i 7 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, 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 Obli ag tion. This Bond is one of an issue in the total principal amount of $1,240,000, 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 14, 2006 (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 2006B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. iaso29i~t 8 Denominations• Exchange; Resolution. The Bonds are issuable solely in fi.~lly 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 won 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 Re istered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. _Qualified Tax-Exempt Obli ag tion. 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 issoa9i~i 9 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 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 iaso29i~i 10 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) (Minor) 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.)) isso29~~i 11 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 issoz9i~i 12 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 maybe 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 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 11, 2006. 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 maybe 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 issoz9~~i 13 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. isso29i~i 14 14. Deliverv• Annlication 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 2006B 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. isso29i~i 15 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• Covers e 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; (ii) the net revenues of the Water System and the Sewer System are sufficient to pay the 2003 Bonds; (iii) the net revenues of the Storm Sewer System are sufficient to pay the 2001 Storm Sewer Bonds; (iv) the net revenues of the Water System are sufficient to pay the 2001 Water Bonds; (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; (vii) the net revenues of the Storm Sewer System are sufficient to pay the Storm Sewer System portion of the 2004B Bonds; and (viii) the net revenues of the Water System axe sufficient to pay the 2005B 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. 18. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will 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 issa29i~i 16 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 Resulations. 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 includetengineering or architectural, J 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. 1880291v1 1 7 (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 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 issoz9i~i lg 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. 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 (1) requirements relating to temporary periods for investments., (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that isaoa9~~1 19 (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 27. Designation of Qualified Tax-Exempt Obli ations. 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 oftax-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 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 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. issoa9i~i 20 Adopted by the City Council of the City of Mound this 14`h day of March, 2006. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel isaoa9i~i 21 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 $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B. WITNESS my hand on March _, 2006. Clerk issoa9i~i 22 EXHIBIT A Bid Tabulation 1880291 v I A-1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAX AND PUBLIC RECORD'S CERTIFICATE COUNTY OF HENNEPIN AS TO REGISTRATION I, the undersigned, being the duly qualified and acting Director of Property Tax and Public Records of Hennepin County, Minnesota, DO HEREBY CERTIFY that on the date hereof there was filed in my office a certified copy of a resolution adopted on March 14, 2006, by the City Council of the City of Mound, Minnesota, authorizing the issuance of $1,240,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Bonds"), together with full information regarding the Bonds and the Bonds have been entered in my Bond Register. WITNESS my hand and the seal of the Director of Property Tax and Public Records on 2006. (SEAL) Director of Property Tax and Public Records By: Deputy County Auditor iasoa9i~i CITY OF MOUND RESOLUTION NO. 06- RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $315,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006C, 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 $315,000 General Obligation Equipment Certificates, Series 2006C (the "Certificates" or individually, a "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various items of capital equipment for the City (the "Equipment") and each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City ($ 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 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• Maturities• Term Bond Option. The Certificates shall be dated April 11, 2006, as the date of original issue, shall be issued forthwith 1880371v1 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: Year Amount 2007 $60,000 2008 60,000 2009 60,000 2010 65,000 2011 70,000 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry Onl~ystem. 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 1880371v1 2 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.. (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 asbook-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 1880371v1 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 S sy tem. 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 February 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: issos~i~i 4 Maturi Year Interest Rate 2007 2008 2009 2010 2011 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Re ig stray. 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. 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: 1880371v1 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF MOUND R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006C INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP _% FEBRUARY 1, 20_ APRIL 11, 2006 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 February 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 1880371v1 6 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• Purpose• General Obli ag tion. This Certificate is one of an issue in the total principal amount of $315,000, 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 14, 2006 (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 2006C Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations• Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. 1880371v1 ~ 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. 4ualified Tax-Exempt Obli action. 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: 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 By Authorized Signature Registrable by: BOND TRUST SERVICES CORPORATION Payable at: BOND TRUST SERVICES CORPORATION CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Manager 1880371v1 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 (Gust) (Minor) (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT Uniform 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.) 1880371v1 9 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 maybe printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal maybe 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 11, 2006. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate maybe registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates maybe exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated 1880371v1 1 0 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. Ri h~ is Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment• Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. issos~i~i 11 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 2006C Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued received thereon, and less any amount paid for the Certificates in excess of the minimum bid. 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. 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 1880371v1 1 2 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 Lew; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Lew 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, 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 isso3~i~i 13 Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and' in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 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 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 Certificates in accordance with the Undertaking. isao3n~i 14 (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Manager of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) 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. 1880371v1 1 5 26. Tax-Exempt Status of the Certificates• Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Certificates are issued by a governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 27. Designation of Oualified 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 oftax-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 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 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. Pavment of Issuance Ex enses. 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. 1880371v1 1 6 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. Adopted by the City Council of the City of Mound, Minnesota this 14t'' day of March, 2006. Mayor Pat Meisel Attest: Bonnie Ritter, City Clerk 1880371v 1 17 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 $315,000 General Obligation Equipment Certificates, Series 2006C. WITNESS my hand on March , 2006. Clerk 1880371v1 1 $ EXHIBIT A Bid Tabulation 1880371v1 A-1 STATE OF MINNESOTA DIRECTOR OF PROPERTY TAX AND PUBLIC RECORDS CERTIFICATE AS COUNTY OF HENNEPIN TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting Director of Property Tax and Public Records of Hennepin County, Minnesota, DO HEREBY CERTIFY that on the date hereof there was filed in my office a certified copy of a resolution adopted on March 14, 2006, by the City Council of the City of Mound, Minnesota, authorizing the issuance of $315,000 General Obligation Equipment Certificates, Series 2006C (the "Obligations"), and levying a tax for the payment thereof, together with full information regarding the Obligations, and the Obligations have been entered in my Register and the tax levy required by law has been made. WITNESS my hand and the seal of the Director of Property Tax and Public Records on 2006. Director of Property Tax and Public Records By: Deputy County Auditor (SEAL 1880371v1 ''`Mar-09.=2006 12:43pm From-CITY OF ORONO ~ , ,~ ~ ~ ~. ~ /'¢1O~\ /~ March 9, 2006 +9522494616 T-134 P.002/002 F-433 CITY of ORONO Mur icipat Offices Street Address: Melling Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323A066 G~/ Julie C. Ekman, Area Hydrologist Minnesota Department ot'Natural Resources ~~ C~•ntral Region Waters ,~ ; 1 z00 Warner Road Sc. Paul, MN 55106-6793 Re: City of Mound Shoreland Flexibility Request Dear Ms. Elanan; The City of Orono has received and reviewed the City of Mound Shore and flexibility request. The rf quest provides for comments by the City. The development history and philosophy of Orono and Mound are significantly different. This was evident in the early 1990's when shoreland regulations were being put in place by cities on Lake Minnetonka. 'T'lie City of Orono has long held the philosophy that high density ]akeshore development is detrimental to t},e aesthetic and environmental quality of Lake Minnetonka. To that znd, more than three decades ago, Orono adopted zoning standards that limit the intensity of lakeshore development, including minimum lakeshore lat size, structure setback from Lake Minnetonka, sad hardcover limits that are all more restrictive than those of the DNR, as well as a 15% structural coverage limit for any lakeshore lot smaller Shan two acres. Both Mound and Orono are faced with the ongoing re-development of lakeshore property, and the tendency is that developers and property owners wish to create much larger homes and cover more of the ]and with structures and impervious surfaces than the existing condition. While we recognize that each city is unique and each has its own philosophy, goals, and methods of dealing with re-development, we share one lake. To the extcynt that Mound's proposed ordinances would allow the creation or development of lots smaller than the DNR standards, or allow the separation of previously combined substandard lots to accommodate two homes where only one might be allowed under DNR's lot size standards, Orono v~~ould not embrace the proposed flexibility request. Sincerely, ~ ~'~ Ronald J. Moorse Orono Ciry Administrator CC: Kandis Hanson, Mound City Manat;Cr Telephone (952) 249-4600 •)Fax (95Z) z49-461b 1V 1'-' W.CI.Oi'pi10.i1iQ.il s ,. ,:.%.