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HomeMy WebLinkAbout2006-08-09 CC Packet CITY COUNCIL & WORK SESSION MEETING Wednesday, August 9, 2006 6:30 p.m. Work Session to Commence Immediately following Regularly Scheduled Council Meeting COUNCIL MEETING L CALL TO ORDER 1. RoD Call n. PUBUC REARINGS m APPROVAL OF AGENDA IV. APPROVAL OF COtJNCIL MlNUTES 1. July 26, 2006 City Couneft Meeting Minutes (Page 1..') 2. August 2, 2006 City Couneft Work SessloR Meeting Minutes (Pages 10) V. CONSENT AGENDA 1. City ofCenterville July 27, 2006 through August', 2006 Claims (page 11) 2. CenteDDial Fire Distriet ClailDs through August 4, 2006 (pages 12) 3. Successful Completion of Year 6 & Perfol'lllance Review, Ms. Kris Sweeney, Account Oerk n - Grade 4, Step 6 to Step 7 4. Pay Request #1 and Final, lseIer DemoUtion, IDe. (Water Tower Demo.) .. $9,200.00 (page 13-15) 5. Change Order #1, Backage Road & 21st Avenue Improvements.. $9,611.16 (page 16-17) 6. Change Order #2, Backage Road & 21st Avenue Improvements .. 53,492.00 (page 18-19) VL A WARDSIPRESENTATIONS/APPEARANCES VB. OLD BUSINESS 1. CSAH 14 Joint Powen Agreement - CORt'd From Previous Meeting (page 20-30) 2. Proposed Ordinance #1##, Second Series Amending Section 30.02 ReJatiDg to Mayor and CouncD E-F (Cont'd From Previous Meeting (pages 31) 3. Consider Improvements to Old MIl Road (Prom a Point Approx. 200 Feet North of Revoir to North City Limits) (Cont'd From Previous Meeting) (page 32-34) 4. T-MobDe Request to Amend Aareement for Antennas on Water Tower (page 35-38) 5. Res. ##06-037 - Appointing E1eetlon Judges & Interim Deputy Oerk For Upcoming Primary & General Elections (page 39-40) vm. NEW BUSINESS 1. Res. ##06-038 - Awarding Sale efS2, 700,000 G.O. Bend (Page 41-6%) X. ANNOUNCEMENTSlUPDATES 1. City Administrator, Mr. Dallas Larsen %. CSAH14 (Update) 3. Fermati_ efEDA XL ADJOURNMENT * *REMINDERS* * Fete des Lacs August 4, 5 & 6, 2006 - Parade & Laurie LaMotte Memorial Park - (See Website for More Detailed Info.) Council Meeting August 23, 2006 - 6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING JULY26,2~ 6:30 p.m. Pursuant to due call and notice thereof: the City of Centerville held their regularly scheduled meeting on July 26, 2006, at City Hall, 1880 Main Street. PRESENT: Council Member Lee Council Member Paar Council Member Lakso ABSENT: Mayor Capra Council Member Terway STAFF': City Engineer Statz City Attorney Glaser City ft.dministrator Larson L CALL TO ORDER Acting Mayor Lee called the July 26, 2006, City Council meeting to order at 6:30 p.m. n. PUBUC BEARINGS None. m. SET AGENDA :MQUon by Coed Member ltakso. seconded bv CODDeD ~ember p.ar to a09rove the Atrenda. AD, Jp. favor. Motion carried unanimol!Slv. IV. APPROVAL OF COUNCIL MINUTES 1. 1uly 12. 2006 City Council Work Session Meeting Mimttes Mltion by Coed Member I,abA. seconded bv CooncD.l~Jember Paar.. to aoorove ~ .f*J~ 3006 ~itv CooeD Work Session meetIu mJnates as oresenteet. AU jq favor. Motion carried onanimousty. 2. 11,J1y 12. 2006 City Council Meeting Minutes Motion Ipy Cood Member T,abA. second. by Co_eD Member r_r.. to aoorove _ J..~~OM CitY CoeeD meetintr minutes as Dresenteet. AU"" favor. MolJ.,Il earri~ onanimouslv" / City otCenterriDe Council Meeting Minutes July 26. 2006 v. CONSENT AGENDA Council Member Pur requested clarification on the $65,000 to Lino Lakes. City Administrator Larson explained that it is part of the fire district expenses for payroll. 1. City ofCenterville July 13, 2006 through 1uly 26,2006 Claims 2. Centennial Fire District Claims through July 30, 2006 3. Centennial Lakes Police Department Claims through July 14, 2006 4. Volk Sewer" Water, Inc., Pay Request #3 - $134,389.23 (Hunter's Crossing) 5. Burschville Construction, Inc., Pay Request #1 - $104,734.60 (21. Avenue Backage Road Utility " Street Improvements) 6. Authorize Asbestos Abatement - DA VCO - $4,100 7. Parks" Recreation Committee Recommendation to Purchase Five (5) Mats and Two (2) Additional Boxes of Shredded Rubber Mulch Not to Exceed $2,000 - Laurie LaMotte Park M~tjon bv CODneB Member paAr. seconded bv CouneB Member t.ak!IA- to aDDrove JIlt Consent .ARenda as oresented. AD jg favor. !\lotion carried DnAnlmouslv. VI. AWARDSlPRESENTATlONS/APPEARANCES None. VB. NEW BUSINESS NOrthdale~~on Co~y. ~ P: R:"~ #9 Final - $3.800 (JInnter's Crossing Addition) and ~hAnge Order #1 Part A and B City Engineer Statz indicated that everything was reviewed and is in order. 1. Motion bv CouneB Member Pur. seconded bv Counm Member t ak!IA... to aDDrove Nortbdale Construction ComDanv. IDe.. Pay ReaDest ##9 final $3.800 and ChAntre Order ##1 Part A and B. J\II in favor. Motion carried Dnanimouslv. 2. ~ce of Letter of Resignation. Chair Tedd Peterson - Parks and Recreation Committee Council Member Lee noted that Mr. Peterson has resigned due to personal reasons. Motion bv Counm Member paAr. seconded bv Counm Member t akllA. to acceDt the remipAtion of l'edd Peterson from Parks and Reereation. AD in favor. Motion carried nnani....ouslv. 3. Pay Eqpity Stucly Page20f9 z City ofCenterri11e Counei1:MeeIiDg Minutes July 26. 2006 City Admitlistrator Larson indicated that this was discussed previously and the proposal is to hire Springllfed to conduct a pay equity study. MttioD JlY Coum M.....ber PAAr. seeoDd~ bY ConeD t{eDlber l4Jbft- to aDDrove "hiD. SprjDt!Sted to. eondud a DaY eaoitY stoctY ia the AmOOD. of~. AD iD favor. M9flOD c:arried nnAnim..usIY. 4. Removal of Studebaker & Fire f'..artfTan1c from 1694 Sorel Street Council and Staff discussed the Studebaker and agreed that it is not worth storing. A resident in attendance recommended the City contact the Vulcans from St. Paul to see if they would take it. Council asked Staff to look into options for disposal of the vehicle. Council agreed to keep the hose cart for seJ'ltimental purposes and asked Staff for a recommendation on where it could be stored. 5. Resolution #06-036 C".nmmllnity DevelQpment Grant (J>RRD) 8-9~P bY Coum Member l4tJcso. seconded bY CooDcil !\IeDlber p_r to aDDrove ResolutioD ~ CommoDitY Develooment Grant (PUB}. AD fA favor. Mod,.. carried unAnimouslY. Council Member Paar asked for clarification on the TIP part of this request. City Administrator Larson explained the TIP and costs associated. 6. T -Mobile R.eqpest to Amend Aareement for Antennu on Water Tower City Administrator Larson indicated that T -Mobile has asked to rework the lease on the water tower and proposed a reduced rent in exchange for a guarantee on the rent term. He then said that the benefit of this would be a guaranteed income stream for 72 months where in the CUITeDt agreement they are only responsible for the CUITeDt month's rent. City Administrator Larson indicated there is discussion on renewal terms and it looks like they are trying to set up five renewal terms for a total of 25 years and the existing contract nms out at 2016. City Administrator Larson indicated that they have proposed rent increases of 3% each year and the old contract was the greater of 4% or the CPl Council Member Lee indicated he would be in favor of the five year term but not 25 y~. Page 3 of9 o City ofCenterviJle Council Meedus Minutes July 26, 2006 Council Member Pur agreed to leave it as it is and in five years renegotiate the contract. Council Member Lakso indicated she does not want to commit to something that goes out 25 years. Council indicated a willingness to accept the terms if it were only a five year period but not a 25 year period with automatic renewals. Council Member Paar indicated that more money would be made if left as it is but the other one guarantees 72 months at a lower amount. Council asked Staff to review and come back with further information. 7. Removal QfllrAin9 Structure from Riaht-of:.Way - Heritage Street City Engineer Statz indicated the issue is who pays to remove it, the owner of the property or the City. He then said that Staff feels that the engineer memo stated a request for more detail on the structure and none was provided so Staff feels that clarification was not provided when requested and it should be the owner's responsibility to move the structure. City Administrator Larson indicated he asked Tom W'1lharber this afternoon to check to see if the beehive catch basin and manhole structure would work with the draintile and was told he would talk to the engineer and Rice Creek and contact StatI city Administrator Larson indicated that the Church received a price to move it and the price is $5,000 and they do not think it should be their cost. Council Member Lee disagreed and said he feels that the Church should move it and pay to do so. City Attorney Glaser agreed that the City is not liable. Council Member Paar indicated that the trail easement was discussed numerous times but nothing like this was understood to be like what is actually out there. He then said that he does not think: that this should be paid for by the City as more detail was requested and not received. He 1brther indicated that the structure needs to be removed as the trail needs to go there. City Engineer Statz indicated that, if the structure is something required by the Watershed, it must be moved out of the right of way but, if there is a way to modifY it and get rid of the danger that would be allowed provided it fits with the trail or it needs to be on their property. Mo"'. by CoDDCil t'fember '4'hn- seeo.ded bv CORet Member Lee to direct StatJ to reaoest t~~t the stroetore tie removed udJQfonD the Droaertv OWIler thAt the Page4of9 1 city ofCenterville Council MeetiDg Minutes July 26, 2006 Qty is not 20mt! to nay rQf it aDd to recommend removiDsr the strueture ..... the opt of way with no cost to CitY. AD ill favor. M,tioD carried f'nA.inlousIv. 8. Consideration of Public Works Director7s Recommfllnd~on to ~1ace 1985 Ford Plow/~ Truck - Not to Exceed $120,000 (lnch1di'-ll Necessm.y AttRchmenttt) City Administrator Larson explained that the Public Works Director bas looked into moving up the purchase of this truck and, after review, it does make sense to move it up in the replacement cycle as there were issues with it and the changes on the next model year will have increased costs. Motion by ~oDcI ~ember llORA.. seeonded JlY CODeD Member PA.,r.. to aoorove DlU'dtllSC of the new truek not to exeea'- $120.",. AD m favor. M~on earried D.Aninlously. 9. PrQgress Road Water Extension 708S Progress Road Council Member Lakso indicated that she does not want to jeopardize any grants with this improvement. Council Member Paar asked if this would get the City in trouble for allowing a well when the City usually does not. City Administrator Larson indicated the City can allow a temporary well until City water is available. ~,don bv CODeD !\{ember f4lbA- seeoDded by CODDcI Member pAAr to aonrove a telBDOn" we' at 7085 ~ subject to sumi.tr an A.'.ment for telBDOn" welL AD in favor. MqfiOD earrilt) D.A.imouslv. 10. 'atka & Recreation Committee's l\ef'nmmendation - Trail Easement at 18\8 Fox RYn Council Member Paar indicated that Park and Rec bas indicated that they do not want to give up the easement and suggest that the bridge be removed or the homeowner apply for a permit to have a structure in the easement provided he meets the City's requirements. City Attorney Glaser asked how long the bridge, shed and utUity easement have been in the easement. He then said that when someone puts those things in the easement and leaves them there after a number of years they may acquire the right to keep them there permanently. M~Uon bv p.Ar.. seeonded bv CODejI MelBber T~bA. to aOJ8'OVe the teeOmmendation mAde bv Park and Ree. AD, m favor. Mo.n earried U.Animouslv. PageS of9 5' city ofCentrile Council Meeting Minutes July 26, 2006 Acting Mayor Lee indicated. that Staff should investigate what other items are in that easement and have them removed. vm. OLD BUSINESS 1. CSAH 14 Joint Powers Aareement Council briefly discussed this item and agreed to add it to the work session Agenda for August 2, 2006. Mr. Francis Zimney of72S2 LaValle Drive indicated he has not seen the previous MOU and he has had an issue relative to a design issue on this county road. He then said that the issue he has had in ftont of them for two years is regarding a tiny retaining wall next to his property and two weeks ago he got into negotiations regarding right of way and was told if he wanted an answer on the retainjng wall he should ask Lyndon Robjent, which he did and got no response. Mr. Zimney indicated that the design elements are County driven so his point is on item 12 it does say that any retaining walls and fences required due to trail someone should pay for those and he feels it should be the County and he would like to know if it becomes a City issue. Mr. Zimney indicated the retaining wall would be 150 or more feet. Mr. Zimney indicated that Item 9 the city is paying l000A. of new concrete and or bituminous for all upgraded driveways and he would be impacted by that as it is a private road that they are proposing to blacktop SO feet of that to pull the culvert and improve drainage and he would be assessed if the City chose to pass that on. ~.n bv C...cilJWelDber 'dllmA~ seconded bv Coucil :t{ember PaAr to add JJd! item to the work session af!eDda. AP ill 'avor. Motion carried unAnimouslv. 2. PrQposed Ordinanc-.e #9 Second Series Amending Section 30.02 Relating to Mayor and Council CompenlUltion. Mation bv Coucil M4?lDber '.lImA.. seconded bv Coucil JWelDber pAAr. to aDDrove QuJinAnce #9. Second Series Am_dint! SeetioD 30.02 ReIatiD, to ~or and C9DDeiI CAmntm_~D. 4JIiJ ftlv~)". ~Qtion earried unAnimous"'. 2A Proposed Ordina.nc-.e ##XX" Second Series AmeDding Section 30.02 Rc;latinl1 to Mayor and Council Duties Motion"" <;oucD ~elDber l4tk... seconded by Co_cD Member pAAr to table. AU bI favor. M....n carried u".nimoudv. Page 6 of9 ~ City ofCenteniDe CouDcll MeetiDs Minutes July 26, 2006 3. eon,ider Iq)rovements to Old ~ Road (from a Point A,wroYim~ty 2Q9 Feet North of Revoir to North City Limits Mttl9D bY f;OUDdI Member Pur. seeoDded bv COUDetJ, :tfem~r ~_ to tAble. AD in favor. Motion carried nnanimonslv. 4. Westview Wat<<main Extension city Administrator Larson indicated that based upon cootractor proposals, it will cost around $25.000 to 528,000 to do the watermain extension. Mr. LaLond indicated the cost is very high and he is not willing to pay the money to get it up the street. city Administrator Larson had a proposal from someone working in town to do it and in addition would need a contractor to dig at each end and hook it up and those pieces at the two ends is what changed the most in cost. City Administrator Larson asked Council to consider whether the City should participate in the costs to bring water to the area for future development and the ability to recover costs in the future. Mr. LaLonde asked about 7121 Centerville Road. City Adtninistrator Larson indicated that while they could use it they would most likely be served from the front side. Mr. LaLond asked whether a well could be put in. City Administrator Larson said that Council has to determine whether City water will be made available and a well could be installed only if it is determined that city water cannot be made available. City Administrator Larson indicated that a well costs about $6,000. City Administrator Larson indicated that over on Mound Trail the City ran the water main up and established a hook up charge. Council agreed to have the City pay the overage and the property owners pay $7,000 to $8.000 each. Mr. LaLond asked about water quality with just two properties. City Engineer Statz indicated that there will be stap,m water with only two services on a line and it can be flushed more frequently. Page 7 of9 1 city ofCentervDle CouIlcil Meetiug Minutes July 26, 2006 City Administrator Larson suggested set*ing a public hearing a feasibility study. for the next meeting and then work on this with the property owners between now and then. Mttion bv Council Member La_. seconded. bv CoocH Member p..ar to aDDrove Resolution #39. Settinl! a fublie Bearinl! and OrderiD, Feasibility Reoort f'J: Aut!llSt 21~. AD IA favor. MotioD eanied ~D..nimooslv. s. P & Z Ret'.nmmendatinn to Ado.pt Ordina.l'lce Amending Chapter 154.016: Non- conf{l1'lDing Uses ~1!d StructlU.'es The prQpOsed ordinance allows additiolU\l flexibility in what kind. of pro.perty improvements are allowed in corijunction with no~confonnillS uses. MotioD by Conneil Member l$8hA.. secondtcl bv CooeD Member pAar. to aglDrove P "..Z- Reeom"endatiqD to AdoDt Ord5Dance Amendi... Chapter 18."6: NOD- Conlonninl! Uses and Stroetores. AU m favor. MoJjoD carried unAniDlOu-b'.. 6. Authori7Jltion to Secure Appraisal of Public Works Site City Administrator Larson suggested Council request an appraisal to determine the value of the public works site. / Motion bv ConneD Member paar. secoDded bv Connc4J Member 1 {abo to authorize StatTto secure aDDraisaI ~f"'e DubHe works site Dot to exceed.,S4... All ta,favor. Motion carried unanimooslv. IX. ANNOUNCEMENTSlUPDATES 1. City .Administrator. Mr. Dallas Larson No report. 2. CSAH 14 No report. Page 80f9 ! ~ ofCentervi11e Council Meeting Minutes 1uly 26. 2006 X. ADJOURNMENT Motioa by C,ueiJ.Member paar. secoaded bv Coud Member I~ to adioum the JJIl! ~6. 2006 Catv Coud Meetin. at ..;J' D"pt. AD, iA favor. M~tioa ~ nnanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of9 9 city Council 08-02-2006, 6:30 p.m. Summary of Work Session Present were Mayor Mary Capra, Council members Michelle Lakso, Richard Terway, JeffPaar and Tom Lee. Also present was John Meyer, Finance Director. John Meyer reviewed a draft of the budget which indicated a tax rate that is about the same as last year. Non-tax revenues are up about $70,000, but current expenditures are up about $150,000 resulting in a slight levy increase. Capital expenditures were reduced by about $40,000 to help compensate for the increase in other expenditures. After some discussion there was consensus that the capital expenditures should be raised back to the planned amount. The proposed levy can be reduced later if appropriate, but may not be increased. The Council briefly discussed the proposal ofT-Mobil for a contract modification that would result in slishdy less revenue, but would suarantee a lease income for 72 months. The agreement would have one renewal so would extend no more than ten years. The Council was okay with the proposed changes under those terms. The matter will be placed back on _ regular meeting apnda. The Council reviewed the draft Joint Powers Agreement with Anoka County for the CSAH 14 improvement. The Council indicated that the staff redraft of the agreement and proposed letter looked pretty good, but that we should identify a credit for the city's leadership and insistence that the ponds (east of 20th Avenue) be moved from the north side ofCSAH 14 to the south side. The result saved the County several hundred thousand dollars. The modifications will be made in the drafts and will be placed on the next regular agenda for action. The meeting was adjourned at 8:00 p.m. w Dallas Larson, City Administrator /0 CITY OF CENTERVILLE .Check Summary Register 08104106 9:53 AM Page 1 ervilfe 'E..~J8S? Check Chk II Search Name 021528 CHOPS INC. 021529 JACK BRASS BAND 021530 OSMUND SHRINE 021531 ST. PAUL CLOWN CLUB 021532 ST. PAUL WINTER CARlVAL SENIOR 021533 lWlN CITIES METRO PIPE BAND 021534 WOODLOCH STABLES 021535 ZUHRAH STEEL DRUM BAND 021536 AFLAC 021537 BONESTROO, ROSENE, ANDERUK 021538 CENTER POINT ENERGY MINNEGASCO 021539 CONNEXUS ENERGY 021540 HAWKINS WATER TREATMENT 021541 HUGO FEED MILL 021542 IMPERIAL HOMES 021543 INSIGHT PUBLIC SECTOR 021544 ISELER DEMOLITION, INC. 021545 KEY AUTOMOTIVE SERVICE CENTER 021546 MENARDS - FOREST LAKE 021547 METROPOLITAN COUNCIL ENVIROMEN 021548 MooR SIGN COMPANY, INC. 021549 NCPERS LIFE INSURANCE 021550 NORTHERN WATER WORKS SUPPLY 021551 OTTER LAKE ANIMAL CARE CENTER 021552 PEREZ, JUAN & KIM 021554 REHBEINS BLACK DIRT 021555 S & T OFFICE PRODUCTS 021556 STORK lWlN CITY TESTING CORP 021557 TIME SAVER 021558 TRU GREEN - CHEM LAWN 021561 PRESS PUBLICATIONS Date 81212006 81212006 81212006 81212006 81212006 81212006 81212006 81212006 8/9/2006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 8/912006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 81912006 8/912006 81912006 81912006 "Check #21553, 21559, & 21560 are Voided due to a computer error. Amount Comments $1,500.00 2006 FETE DES LACS PARADE $1,000.00 2006 FETE DES LACS PARADE $1,500.00 2006 FETE DES LACS PARADE $175.00 2006 FETE DES LACS PARADE $30.00 2006 FETE DES LACS PARADE $1,200.00 2006 FETE DES LACS PARADE $100.00 2006 FETE DES LACS PARADE $600.00 2006 FETE DES LAcs PARADE $129.22 AUGUST 2006 AFLAC PAYMENT $67,220.62 CEDAR ST. WATER MAIN EXTENSION - SERV THRU 7-1-06 $97.44 1880 MAIN ST -SERVTHRU THRU 7-19-06 $496.38 7087 20TH AVE N - SERV THRU 7-17-06 $1,241.25 CHEMICALS $13.83 SUPPLIES $3,400.00 6821 BEAVER POND WAY - 05-103 SITE MAlNT. ESCROW $367.43 OFFICE 2003 WIN32 ENG CD CROM $9,200.00 PAY REQUEST 1 - DEMOLITION OF WATER AT TRACY $25.55 OPERATING SUPPLIES FOR CUB CADE & MOWER $125.51 OPERATING SUPPLIES $4,603.50 JULY 2006 SAC CHARGES $665.96 SIGNS FOR HUNTER'S CROSSING 3RC ADDN $32.00 T. BENDER & J. MEYER ADDN LIFE INS. $1,069.63 PARTS $106.92 ANIMAL CARE $157.61 OVER PAID FINAL UTILITY BILL - REFUND $25.00 BLACK DIRT FOR LAMOTTE PARK PLAY STRUCTURE $567.65 CHAIRS FOR CITY HALL (2) $1,454.50 HUNTERS CROSSING 3RC ADDN STR & UT IMPRV. $201.00 7-12-06 CITY COUNCIL MEETING $1,389.84 6907 LAMOTTE DR - LAMOTTE PARK $28.60 SECOND SERIES $98,724.44 Please note there will be an updated list of disbursements for approval on 8.9-06. t--'-'=_.~_.=- II CentennIal Fire. District Check Register 814/2008 The dl8but881n8nt8118ted below are eubmltted by the Centennial fire DIstrIct for your approveI: DATE CHECK# NAME ACCOUNT AMOUNT 8I3QOO6 15278 Arthur Mohler 42000 - Vehicle Expense 7.33 8I3QOO6 15279 Aspen MIlls 42120 - Uniform Expense 34.00 8I3QOO6 15280 BatterIes PIu8 42000 - Vehicle Expense 129.00 8I3flOO8 15281 CentennIal UtiflIIes 42251 - Station 1 - Gas 200.17 8f.WOO8 15282 Center Mart 42100 - Fuel end Lube 278.93 8I3QOO8 15283 CenterPoInt Energy 42253.. staIIon 2.. Gas 59.55 8I3QOO6 15284 COmcast 42180.. OffIce SUpplies Expense 95.00 8I3lZOO8 15285 DavId Bruder 40100.. LogJstlcaI Expense 52.35 8I3QOO6 15286 Emergency Apparatus MeIntenance 42000.. Vehicle Expense 856.08 8I3QOO6 15287 Emergency Medical ProduclB, Inc. 42280 - MedIcal SUpplies 193.32 8I3QOO6 15288 FrattBIone'8 Hardware 42110.. Other Melntenance 25.52 8I3llOO8 15289 Janet Haapoja 42180 .. Office SUpplies Expense 16.30 8I3QOO6 15290 McLeod USA 42240.. Telephone 381.42 8I3QOO6 15291 MetrocaIJ 42240 - Telephone 88.99 SMooe 15292 MID Bennett 42280.. Medical SUpplies 14.82 8I3QOO6 15293 Ne$I 42240.. Telephone 143.23 8I3QOO6 15294 Northway IrrIgatlon 42110.. Other MaIntenance 177.00 8I3l2OO8 15295 PIoneer Product8 42130 - Equipment Expense 684.48 8I3l2OO6 15296 Qwest 42240.. Telephone 107.31 8f.WOO8 15297 Verlzon Wireless 42240.. Telephone 74.47 8I3QOO6 15298 Janet Haapoja 45010 - Safely Camp Expense 48.88 8I3l2OO6 15299 KIm EwIngs 45010.. Safety Camp Expense 10.00 8I3QOO6 15300 LIz Sheehy 45010.. Safely Camp Expense 89.83 8I3l2OO8 15301 Susan Booth 45010.. Safely Camp Expense 1JJKl Total 3,581.58 1of1 11- ,. # , . Date: June 30, 2006 " " - --~-----~-~~-;..~ ~.- --~'--;~-'-.." R uest No: 1 -";-.,-,~-~ .k. lseler Demolition, Inc., 71231 Burlison Lane, Romeo, MI48085 CONTRACTOR'S REQUEST FOR PAYMENT OLD TOWER DEMOUTION BRA FILE NO. 000616-06145-0 SCANNED JUL 26 2006 SUMMARY 1 Original Contract.~unt $ 9,200.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 9,200.00 5 Value Completed to Date $ 9,200.00 6 Material on Hand $ 0.00 7 Amount Eamed $ 9,200.00 8 Less Retalnage 0% $ 0.00 I 9 Subtotal $ 9,200.00 " J1 10 Less Amount Paid Previously $ 0.00 -- 11 Uquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 $ 9.200.00 Recommended for Approval by. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES,INC. ~4~ Approved by Contractor: ISELER DEMOLITION,INC. ~'~~-=7. Approved by OWner: CITY OF CENTERVILLE .r Specified Contract Cornpletion Date: Date: \ 61606145REQ1FINAL.xIs /3 .F Contract Unit Current Quantity Amount No. . Item Unit Quantity Price Quantity to Date to Date , . BASE BID: 1 WATER TOWER DEMOLmON LS 1 9200.00 1 1 $9,200.00 .~:"-. -, .....TOTAr-SASE alD:'-'~-~~'~'"'1'"" ~,2oo.oo TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE $9,200.00 $9,200.00 ,'. 61608145REQ1F1NAl..ld1l /.t/ ... <' ~l It PROJECT PAYMENT STATUS OWNER CITY~6FCENTERVILLE BRA FILE NO. 000616-06145-0 CONTRACTOR ISELER DEMOLITION, INC. CHANGE ORDERS No. Date Description Amount I Total Change Orders PAYMENT SUMMARY No. From To Payment Retalnage Completed 1 06/01/2006 06/29/06 9,200.00 9,200.00 Material on Hand $9 200.00 Ort Inal Contract $9 200.00 1 Chan e Orders $9,200,00 Revised Contract $9,200.00 61608145REQ1FINAL.xIs /5' lBoiie.SttoO biuie .:::: ArideriIk'& :. ~~ ~&~ Date of . 1880 Mala . w.... WI 55341 TX772S1 3979961 P. 0. Box 1 CBANG.& ORDER. NO. 1 BACKAGE R.OAD AND 21ST AVENUE UTD..1TY AND Sl'REBT IMPR.OVEMBNTS BRA PILB NO 000616-05143-0 DescrlDtloa of Work ParlAl Part A of Ibis Cbanp Orderprovides that. on 7/17/06 tho CoDIraClOr exposcd.lDd capped Ole existiDs watermain at tho lacatiou specified. by the City The Cordractor lenlOied lbe pte w1vc top secti.oas aad ex1eDIioIl rods on tine axisliDs service stubs An sa1vapl material WIll de1i.er.cd 10 die City, l!!:tJh Part b of this Change Order provides dial on 7/18106 the ConlrlCtor exposed. and lowered the exisliDg samtlDy sem:r &m:c 1'DIIin to accommodate the fttture -till')' Sewef ~ Part C of this Cbaap Order provides 1bat on 7/18106 the CoIlIracIor exposed au4 removerlaa. existiDg tee, gate valve, and box per the Ci1ts request Salvaged. material was delivered to the City No. ltDaI CBANGE 01mER NO. 1, PART It. CRBWTJMB S"DlPPI..lJO TOTAl..CHANGBORDBllNO I.PAllY A CSANGE ORDB1\NO. 1,IAllT B CRBW TJMB 8" DIP 45 DBGRBB BIND S" PVC, C900 WAIBRMAJN lS"lWCK.ST.A8JUZAlION TOTAL CHANOBORDBll NO I, PARI B UnIt Coatnlct Qaaatlty Utdt Prlce HR. SA 3.5 I smoo S73 4!J J 1 4 to l.S sm.oo $179 88 St4.n 51' 73 3 4 .5 , HR. SA ur TN 7 ClL\NGZORDEllNO.l,PARTC CRBWTJMB tOl"AL.CHANOsORDBllNO I, PART C 0.5 S7JS 00 HR TOtAL. CHANOB ORDBR NO. I,PARI A TOTAL. CHANOB ORDER NO 1. PAIlY B lOrAL. CHANOBOJDII NO I, PARI C TOTAL. CHANGE OR1)DNo. 1: 611lO51~lllIa Total AmDlDIt $2,531.50 $73.49 S2,filO 99 s.s.o75 00 SI.1l951 $14720 $295.9.5 Sf.637 .61 $3G..50 $362 .50 S2,tSlO 99 Sf.07 61 S3G2..50 .,'11.16 /}; Original Contract Amount Previous Change Orders 1'bis Change Order Revised Contract Amount (includiDg tbis cbao&e order) $1,118,251.90 $000 $9,611.16 $1,127,86306 CHANGE IN CONTRACT TIMES 0rigjDaI CoDtract Times: SubstantiBl Completion (days or date)~ Ready for 6naI Payment (days or date): Increase of this Change Order. SubstaDtia1 Completion (days or date); Ready for final Payment (days or date). Contract Time with aD approved Cha:ap 0nIeJs: Substmtial Completion (days or date): Ready fur final Payment (days or date): R.ecommended for Approval by: BONESTROO, ROSENE, ANDERLIK& ASSOCIATES, INC. ~.d.. J.1f -- Dille: fl."" , Approved by Contractor: BURSCHVlLLE CONSTRUCfION, INC. Approved by Owner; CITY OF CENTERVILLE Dllte Dilts cc: Owner Contractor BondinS Company BonesIroo" Assoc G1W143CHO.llIa /1 a.:.:r:. OWlllll': . of . IBBOMainSt. CeDlDn' MN5S038 Date .~& . ,"":. ....... QmIIaCltot: BlIJlIIC1MIIo lac. 1l4408daSllwl P.O. Bolt 65 HaInMr.NNS.5341 ~~ ~~A;h~~ib Bond . WesIurD . P. 0. b 1068. DC 77251 3!mK1 CHANGE ORDD.NO. Z BACKAGE ROAD AND 21ST AVBNUB UTILITY AND STREET IMPR.OWMBNTS BRAPILB NO 000616-05143..0 DesaiDlloq ofWep. This CiUIage 0lcIer provides for a WIllem1lIiu exteDsiou requested by the City of LiDo Lakes Contnsct 1Jd TobII No. 1tcIa UaIt QIIJIIdtty Prlle AImUIIt CBANOE ORDDNo.l I S8 DIP \VATBR. MAIN, CLASS .52 L.F 3.5 S29 00 SI.01500 2 rGAIB VALVBAND BOX BA 1 S9SO 00 S950 00 3 CONNBCT TO BXISTING S" WAl'BR MAIN BA 1 $1,000 00 SI,GOD 00 4 a"!lO DBGRBE 8BND BA 1 1235.00 S235 00 5 8" PLUO BA I $100.00 Sloo 00 , 8" PInING ltESTRAINl SA 4 S48 00 $192.00 TOTAL CtIANGB ORDEB.NO. 2: S3,4ln.OO 611lDS14!CH02 * /t 0rigiDal Conttact Amount Previous Change OtdeIs This ClJange Order Revised Contract Amount (including this change order) 51,118.251 90 59.611 16 $3,492.00 $1,131,355.06 CHANGE IN CONTRACfTIMES 0r:igiDaI Contmct Trmes. Substantial Completion (days or date): Ready for ftnal Payment (days or date): Increase oftbis CbaDge Order. Substantial Completion (days or date): Ready Cor &naJ Payment (days or date): Contract Time with all approved. CbaDge Orders: Substantial Completion (days or date): Ready Cor fina] Payment (days or date): R.ecamm.ended for Approval by: BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. ~~ Dille: s .. "'..0 f. Approved by Contractor: BURSCHVlLLE CONSTRUCTION, INC. Approved by Owner: CITY OF CENTERVlLLE Dtlte DtIIe = Owner ConImclor BoudInI Company Boaestroo &: Assoc 616DS143CH01lds /9 ~terviCCe T.stalifisIiet{ 1857 1880 !M.tzin Street, Ctmti1l't1Ufe, !M!N' 55038 6.51-429-3232 or 'FflJ(. 651-429-8629 Date DRAFT 2006-08-03 Doug Fischer County Engineer Anoka County Highway Dept. 1440 Bunker Lake Blvd. NW Andover, MN 55304 Dear Mr. Fischer: We have reviewed the draft joint powers agreement and found several things of concern. 1) The first item and perhaps of greatest con.cem is the inclusion of storm drainage system. costs in the JPA The memorandum of agreement did not include this item and the cost estimate didn't give a hint that you might be looking for participation. We caunot accept this afterthought. It is outrageous to eApect. to now allocate these costs-we will not pay for drainage system costs. 2) We have inserted on Page 4 the same language that was in the MOU that indicates Anoka County's intention to secure reimbmsement for the trail costs from Metro Parks Trail Program. 3) We deleted city participation in the mobilization and field office. These items were not contemplated by the MOU and in fact were specifically allocated to the County in Exbibit C of the MOU. 4) We deleted city participation in traffic control for the same reason as mobilization. 5) We have offered alternative schedule for PaYment of the City's share. We will provide 200/ct at bid award and 75% on June 1, 2007, as long as the bulk of CenterviIle costs are still planned to occur in 2007. Specifically if the downtown area were delayed to 2008, then we would not pay those costs until closer to the expected construction. 6) We deleted the engineering reimbursement for considering alternative designs on CSAH 54. If you expected to be reimbursed, you should have indicated that at the time those discussions were taking place. 7) We inserted in section V. B that the City would receive a credits of $300,000 and $150,000 in providing alternative pond locations (and for efficiencies created by construction of"Backage Road") which only happened because of the City's insistence, thus saving the county at least double that amount. 4J D. Fischer Draft Page 2 8) You have the City involved in providing the power source for the traffic signal (Item IX). This was not mentioned in the MOU, in fact the MOU Exhibit D stated that all traffic signal costs in cities under SOOO population would be County responsibility. Since all legs of the intetsecting roadways are County, there is no reason for the city to be involved. This is a County expense. 9) Item X Maintenance provides that the storm sewers are the maintenance responstlillity of the City. Nowhere in the MOU was this indicated and in all of the meetings we had, this was never mentioned. I do remember you stating that the City would be asked to me.intain the grit chambers but this was because you didn't have vactor equipment. We have deleted reference to the City rpainqiQing the storm sewer system and ponds. We have attached a redlined version of the agreement with the suggested changes. If these changes are incorporated into the agreement, Centerville is prepared to approve and sign the agreement. Yours tIUly, Dallas Larson City Administrator Cc: Mike Grocha1a. Community Development, Lino Lakes Centerville Mayor and City Council ;U Anoka CGmty Ccm1ract.No.2006-0SSa JOINT POWERS AGREBMBNT , FOR THERBCONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 14 (MAIN STRBBT) FROM 1-3SWto 1-3 . (COUNTYPROJECTNO. 02-614-24) This Agreement made and entered into this day of of Anob, State of Minnesota, a political subdivision of the Avenue North, Anob, Minnesota 55303, hereinafter CenterviU.e, 1880 Main Street, Centerville, MN 55038, WHEREAS, the parties of this asreement ba condition and tratlic capacity of County State g N)for . Ie to CODSIrUct conduit and for possloIe future ~1i7..,f)D.: along portions of County State Aid funds through the Surface Transportation Program . Street); and. the County shall cause the consttuction of County State Aid unty Highway Department has prepared plans and specifications for ., County State Aid Highway 14 (Main Street) under Project No. S.P.02-614- Specifications are on file in the office of the County Engineer; and, parties have an existing Memorandum of Underst~g ('"MOUj dated No , 2005, regarding said project; and. 1 ~ Anoka County Con1ract No.2006-0SS8 WHEREAS, Minnesota Statute 471.59 authorizes political so ... joint powers agreements for the joint exercise of powers common NOW, THEREFORE, IT IS MUTUALLY STIPULATED WHEREAS, the parties agree that any extra woik performed beyond that shown in the bid shall be the xesponsibiJity of the requested party; and, WHEREAS, the parties agree that it is in their best interest that the cost of said and, I. PURPOSE The parties have joined together for the traiJlconcrete sidewalk, sb:eetscape, drainage. portions of County State Aid Highway No. specifications numbered S.P. 02-614-24 on Dep8&Ment (hereinafter collective t u. The County shall cause the construction of County shall do bituminous utilities on plans and Highway the cost of a11labor, to complete the work, shall to herein. R&t:imAfooR costs are inc for the Project. Aetua1 costs may vary parties will be responsible. ~ect (including County furnished materials) is the Project are capped at $6,523,550.00. The of elisJ."ble cost incur.red by each party to the total the costs of items that can participate in federal funding .on in the construction costs is as follows: shall provide construction observation for the relocation and and approve for acceptance the work as it is completed. The City shall pay one hundred percent (IOOOA.) of the hydrant and curb gate box a4justment as wen as water and sewer relocation and construction. ity cost of these items is $397,050.00. 2 E as in' cd _....... DeIdIJd: split..... tile CiIf 8114 __._______________....... ~ ~~tIle~of ......d.II...... IIUW _by..... $000 f-L.:..:h procIulltof~f,\.~."..__lUlIDlf . 0 WIl,N -maieDt. 11a4llllimaledpnal8&e of ~fIowtMm tile cq is '.I1Ud, BiPt pnct (38%). 'Dallol8l oIiaibIe estimatId CIOIIt oftllelllOrm_ is $1,439,844.00 ofwbillh the esIimatecl CIOIIt to tile CiIf Ie $547,140.12. Anoka Co\mty CoIl1raGt No.2006-4Ssa 3. The City shall furnish and deliver to the CODStr:uction site repl~ hydrants for 8DJ hydrants. which are being relocated as a part of this project. which want replaced. 4. The City shaD provide construction observation for reconstruction oftbeir utilities and approve for aeceptance the work as it is 4a. The City sba11 be respousible for any defici relocation and reconstruction of the utilities that . completion of the Project. S. The City shall pay one and non-eligible portion of the stonn sewer of stonn sewer CODStruction. Stonn sewer basins. manholes. castiDgs. rip rap. inlet outlet structures and grit chambers and/or co eligible and eligible portions are defined in the the cost of concrete curb and total cost of curb and gutter st is 1115,222.00. (1000A.) of the cost of decorative ~Ated cost for decDrative median is percent (100%) of the cost ofstreetscape ... plantings. trees,. tree pes, street lights. stamped City ohooses to include with the Project. The lioeDsed lAQd-.ape architect and meet the Anoka County Guidelines. The City's estimated cost for The City shall pay one hundred percent (100%) of the cost of new . us driveway pavement for aU upgraded driveways. The City's estimated is $6,345.00. Any in place driveway pavement dismpted by the construction will be by the County at DO cost to the City. 3 /1 Aaoka Cowlty Contract No.2OO6-OSsa 11. The City shall pay for one l1uudIed percent (I000Aa) of the cost of new sidewalk iDstalled on the project including pedestrian curb ramps with truncated The City's ~ cost for new sidewalk is $97,617.25. ~Jn place concrete walk will be replaced by the County City....______________________._._____._____________________.___.....______.__________.__.__._____..... 1'oI1IIIldted: 1. JPA,.JustIIIlld DeIeIId: f FIIlllllaed: FaIIt: U pt 1'01.....: 1ndent: Left: 0", fIr&t IIIIe: 1-, 0atIIne I\IIIIlbenld + LeweI: 3 + Numbellngsarre: 1. 2, 3, _ + Start at: 1 + AIIgDmeat: Left + AJIgned at: 1" + Tab aftIII': 13' + ImfeDtat: 13' . . ..{ ,.......: FaIIt: U lit .' .' ...............----.........-...,.. (100%) of an iDterconnect costs. 100%) of Emergency Vehicle SO.OO. (Not in cost estimate aJ Id offices ...-- Deleted: City shall JlII&' 1heir..... of - - - - - --- ~1IIlCUlelclofliae8B deIllamiaecl by MaIDOT. 'DIo Cltr'8 CIIlimatccl 0CIIl: of.. items ill $85,800.00 "... ------------.. Deleted: City shall JlII&' their..... of .;..~ ......_......:- cost to the Cftv for the ............... . 1Ild1io00ll1l0lBBdeIllamiaeclby:val.DOT. gu ,^,~lAiUUU. ....J r"~J-" 18 ThoCity"seslimateclOClll:ofthes8items is $11.400.00 1 2 I 3 4 S 6 (included in Storm Sewer) &; Gutter $397.050.00 $0.00 Se;2;_______________._._____________________________---.-..i Deleted: 547.140. n $0.00 $115,222.00 $0.00 4 /5' Anob CoImty CoIlbIlt No.20Q6.0Ssa 7 ~Features 8 Driveways 9 Concrete Sidewalk 10 Trails 11 Street Lights 12 Tratlic Sipals 13 EVP 14 Mobilizatiou. Field Office 15 Traftio Control Total ~AtM Share of ConsIIuction Cost To The City E...nnAted Federal Funds available to the C' Total Cost less Federal Funds Total CODStnIetloa Cost to CIty S5OO.ooo.00 $6,345.00 $97.617.25 $484.777.50 $0.00 $0.00 $0.00 \;2;--- ___________u_____------ DeIeIIed: 8$.lIOO.00 ___________________.---- Deleted: 11.400.00 ___________________..--- DeIetIed: 2,.24S.352.41 ____uu_u_______..--.-{ DeIeIled: 1.4lIS,367.27 _u___u__u______-----{ DeIeIIed: 1'-'-.21 project is $ _______.__~______....-.{ .........1.4lIS,367.27 . cost _~____~_~_..-..-.~ ......... 179.628.20 un__n___n___...-..-.- DeIeIIed: 1.~.41 DeIettIlIIIIiaIlty tive DeIeIIed: lJS . DeIeIIed: 1.581.145.69 the CODli1f:rUction cost will be to the iDitial Dinety five percent or ohqes to the City's share. Also. . 0 . the const:ruction costs shall be paid. . . . . . . . . . . .. ............................--............................-..--.....................................-............................-...................................................! . costs for plan changes and additions the City emonmdum of Understanding. The followmg by the City: . DeIeIIed: <#>AmtJ.yze 8lIll proYide pJ.. fill' CSAH 5411Gl1lh ofCSAH 1411l1iD8 a IIII8l cJesip fill'8I1 cdlIGlI plIIk davu10pmeat GD the WlllIt side ofCSAH 54. 11111 City's 00llt fill'this cfesian lB $l5,55O.ClOI DeIeIIelI: <#>A1laIyze 8lIll pnwlde IayoulIl tor CSAH 54INordImn Lia1dB Blvd Il\IUth ofCSAH 14 8B 811 udlan IIIlClIiOIt. 1Iae City's GCIIt fill'tbls Usip is 55,200.001 . ""..iliad. BuIIela IIId RumberIng .......... BuIIIlts end NlIIIlIleIfIIt ... ----------e-~piiiii8ii(r~OiiS-iDiO-PiOjeci.--TiiCcii.s.-----_.-~------ cost for this design is $6.800.00 \ .. ... +. . ~",... '" Revise ponding and drainage computations to relocate two ponds on north side of CSAR 14 (Rehbein property) to south side of CSAH 14. The parties s ;?t Aaoka ColmtyCoafraot No.2OO6-OSSa .ect .'0" Del..dn.1l1uIllipOGetforthisia ..0' $16,750.00 ofwhlah thllCily's 0Get is $0.00. LThe total e.cmnAted design cost forthe City, . Upon award of the CODtract, the City shall pay to the County. on hundred peMeDt (lOOOA,) of its portion 0 -R.?~:...Thc!.gltt:~.~~f~.~.~.9.9~.9!... expense and does not include administrative -----...--------~::--1.......~ BulIIds and NumberIng I '" Deleted: 18,S50.oo by the at' .. :..__..:.~..,oo.o,{ DeIeIed: 18,S50.oo IV. TERM v. An be made by the County in party at any time. with or without cause. upon not delivered by mail or in person to tho other party. If deemed to be received two (2) days after mail.....g Such with respect to any solicitation of bids or any purcbases of prior to such notice of termination. The City shall pay its pro County incuITed prior to such notice oftermmAtim\ to.te~.~fui~~~~!o~~~Aii~-,.o....{Deleted:Citr 6 /.1 Anoka Colmty Coil1nlCtNo.2006.0558 I Avenue North) including.necessary extension of power lines. The ~\W1X_~J.!L~..~.....-{ DeIeled:CilF agency in ~ matter. Upon completion of said traffic control signal installation. the jog I cost of the e1ectrical power to the sip! sba1l be the sole cost and expeDSe of the _~...______.......{ Deleted: CilF X MAINTENANCE s. ....-. Deleted: starm_<..oaIDh ------------ basiIIlI8IId oaIDh baslD",>, clebmtkm basiIIlI (inoludirlapcmds 8IId thelrautlet 8lrl1atmm 1. :t.(Ait)tet)~ of the completed watermain. sanitary sewer. and/or collectors) shall be the sole obtigation of the City. 2. MA;pten~ of all trails and sidewalks. including responsibility of the City. 3. M~~ of streetlights and cost of e1ectrical sole obligation of the City. 4. The City sbaJl be responsible to Project. ~amteJ'l~ sbaJl be Highway Department lmuIsoapel 6. of the luminaries. 'hl1"mAn.., reJamping. shall be completed by tho County. The City quarterly basis for all incurred costs. installed on and used only by Emergency Vehicles ency IS defined in Minnesota Statutes 1169.01. SUbdivision S. ity shall provide a list to the County Engineer. or the County's tative. of all such vehicles with emitter units on an annual ions of the EVP Systems sbaJl be immediately reported to the County. of said EVP Systems shall be detE\flJ.ined by the County. 7 /P Anoka County Con1ract No.2006-0SS3 For purposes of delivery of any notices hereunder. the notice County Admiuistrator of Anoka County 2100 Third Avenue behalf of the County. and the City of Centerville. 1 beha1fofthe City XII. INDEMNIFICATION The City and the County mutually agree to . claims. losses. costs. expenses or officers. agents. or employees Agreement. xm. ENTIREA 16. In the event said EVP Systems or compo.llCUb are. in the opinion of the County. being misused. or the conditions set forth are violated. and suoh misuse or . lation continues after receipt by the City. written notice thereof ftom the County. shall remove the EVP Systems. Upon removal of the EVP Systems paragraph, the field wiring. cabinet wiring. detector receiver. . and indicator lamps and all other components shall become County. XL NOTICE 8 ~9 ,. Anoh Couady Coafraclt No.2OO6-OSS$ IN WITNBSS w:HBRBOP. the paIties to this ApomeuUave heiewIto set thoirbaadS . the dates written below. COUNTY 01' ANOn By: Margatet LauglbJd, Chair ADoka ComIty BoatdofCo~DeJS Dated: ATl'EST By: r Dated: By: By: ..iIm_Sl1.s;r..______________________________.....__.......{ DeIetlIlb 1aaJea Baea City Attorney Dated: 9 3~ QTl'OI'~........... AKOIC&u,md.'I. , , II " I r," . ';.< I I'. tL '- ....,..,~ AN AIIBIOBKGCIIU'J.D_"DlBU.uAftLLBCDTC08Z BY .........sa;....... ........"..mMAYORAKDUJUftCu. 'lBBCllYOPCIN'IBllVILLBOBDA1NS: ~ Coc1e ...Ioa 30.02 ... .. ....,.. by ... ~ (B) ... (F) . tbIowI: (&)DtiIlII6 If,.,.,. TIle.,........... _tlll.of.c.,...~ ........... .. 81. ~m". ....... D-_ILIII sII8Il ~..."1Is .........,or... filii wIlD ... ........... ,hll .... of... ~.. ... ... .......,..Ia .. of the .,.-......, or ....w 'De..,........... .4..JlI- "'~iU_ .. ...... Cl\llr"'. ... I..... upoatlll .,.. by UI~-IIIJlI- of.. aiIr ... tile Jaw of ... .... 'De ..,or .. he IIUIII' -. ,. 81 tile ... of oily au. 01.. Iff'" aU .,.._~~.... pIII~JI.Il. .,... COIIds ... ..... .. pRH J fT. ... ., till _.~ fbr JlDlJlIII of...... law. 1IIIt... ... _ ..--LlbdM..... ....lIpId..,. ..,... The..,...., M....4 II I m.'f totlleGGUDCP ad the puhIIt\ 1nc1.........-a"1 lL- Tn raT ......-1 ..of.*,. (llJDI1IJIJ8qf* c.-l .... oouncn. p..q.4............. 81,.", om. or till ~ .... ... .... aD ~_A ... ...... aD ..... ~...,.. aad I....,.... 1IpOIl lis .......... ., ......... of till *' .. ... Jaw of tile .... Ol\!i · L-4w1da......IIT ~JRdwto.,.~~h.w~.......1r 1"1' o-.......afcilratlWra,... .,..... ..........,......L..ofthe., .."~m",,, ... ~1 I.JI ...w. ~-11JJ .. ~_.IIIJ9II' to die...... To dial all... Il1f 1L_.. ,... aD 01_ dadI8 of o8Ico ~.... but _ a....... to .....,... .. .. .... lid ....~ ~I ! to die GCI4~.... 8IId aD .,....11I ... .....1.. __........ 011, or..... to ......... of. w1o-......- or ., ....~ -'... . pubIIo .4fI" \-hld~.of'" *'....., ~ .....1. tJtet 1'_ ahaat tile... of ~~__ by ....... ......,.,..,. to -, ... or. ~,,~~~dI,J'. Tf...d- ~ ~ e....... TIlls ua."-"o!PiOl'''' be....... "d~l_ .. lis J r, . _....~III-ta..ID_. ...-.... DUJ,y Auuru;u tills o,-n or... CltJofClltlf'" _of . 2006 .,.. a.., ClTYOP CBNDII.'YJLLB BY: ..., Capla.1IaJar kI nsS'1-: T_...... CltJCIcIk 1 ~{R... '~r;:.0~' ,~>. .~. '/ ;." ~f.J.<~ b ~ ~ H-.~,,, \ Proposed Assessments for Old Mill Road Improvements Prom AsspaDtions . Project cost is based on BurschviUe estimate, option 2 . Water and Sewer are distn"buted per proposed lot . Road improvements are distributed per lineal foot . HaDzaJ.'s pay all property owners $4,500.00 per lotlproposed lot for water and sewer . All number have been rounded up . S1reet, storm sewer, and services are based on e$timAted lineal feet Total ll'.mmated ADaoJDds - Burschville 9ution 2 Water and sewer cost $93,319.59 Water and sewer divided between 11 lots $8,483.60 Street, storm sewer, and services $221,043.81 S1reet, storm sewer, and services divided by approximately 1360 lineal feet $162.54 As.--_nhl Pat and Ka1hy Fruth 330 lineal ft and 2 lots $70,605.40 Fred 330 lineal ft and 3 lots $79,089.00 AI and Melissa Jaques 200 lineal ft and 1 lot $40,991.60 Bowen 100 lineal ft and 1 lot $24,737.60 HaDzaJ. 400 lineal ft and 4 lots $98,950.40 Total 5314,373.00 Assessments After Ranr.al Assistance Pat and Kathy Fruth $70,605.40 - $9,000.00 = $61,605.40 Fred $79,089.00 - $13,500.00 = $65,589.00 AI and Melissa Jaques $40,991.60 - $4,500.00 = $36,491.60 Bowen $24,737.60 - $4,500.00 = $20,237.60 HaDzaJ. $98,950.40 + $31,500.00 = $130,450.40 Total 5314,373.00 We ask that the city defer assessments for a period of 5 years and then spread the payments out over a period of20 years due to the unusually large amounts of assessments per home owner. 3l- Dallas Larson From: Sent: To: Cc: Subject: JEFFERY J HANZAL LAURA J HANZAL (llhanzal@msn.com] Friday. August 04, 2006 11:53 AM dlarsonocemervlUemn.com jlhanzaJ@msn.com RE: Improvement tfJ Water and !f' cost.doc (3( Dallas, We would like to move ahead with the scheduled council meeting on Wednesday August 9th. Fred and Pat have verbally agreed to the principal amounts, as well as Jaques, however now it appears that Jaques' have questions that we CaDDot answer. We have rec01llllleDded that Jaques call you to discuss their outstanding items before the meeting on August 9th. To date, we have not received any c01llDlUDication from Bowen. The meeting will give everyone a chance to gain clarification to outstanding questions and publically agree or disagree. We have attached the worksheet that was sent to our neighbors and would like to request that the City COUncil members receive a copy for the meeting on August 9th, so that they are aware of what the improvements were before and will be after our assistance. This will put everyone on level ground. Please let us know what else we can do. Jeff Hanzal >From: "Dallas Larson" <dlarsonocentervillemn.c011l> >lteply-To: <dlarsonctcentervillemn. com> >To: '" JEFFERY J BUTZAL LAURA J HUlZAL'" <j lhaDzal@mSn. com> >SUbj ect: RE: Improvement >Date: Thu, 3 Aug 2006 16:42:05 -0500 > >ThaDks, Jeff. If we don't get everyone on board by early next week, it >18 going to be difficult to get this project approved by the Council on >WedDesday. If it takes too much longer, we may miss the window of >opportunity with Burshville Construction. Please keep me posted. > >Dallas Larson, Administrator >City of CeDterville >651-429-3232 > > >-----OrigiDal Message----- >From: ulSr"UY J BUTZAL LAURA J BAIfZAL [mailto:jlhaDzalctmsn.com] >Sent: Thursday, August 03, 2006 4:38 PM >To: dlarsontJcentervillemn. com >SUbj ect: RE: Improvement > >Dallas, >We have dropped off all of the information to them and we are waiting >for their reSPODSes. I will contact them and see if they have made a >decision yet. Jeff > > > >From: "Dallas Larson" <dlarson(icentervillemn.c011l> 1 33 > >Reply-To: cdlarson<IC:entervillemn. COllI> > >To: · 'JIUTBRY J DIJZAL LAURA J BARZALu <jlhanzal<imsn.cOlll> > ,.Subj ect : Improvement > >Date: Tbu, 3 Aug 2006 10:28:47 -0500 > ,. > >Jeff: > > > > > > > >How are you doing with getting your neighbors on board with the > >improvement? I would like to get them all signed up aDd then put this > >back on the Council > >agenda. > > > > > > ,. >Dallas Larson, Administrator > > > >City of Centerville > > > >651-429-3232 > > > > > > > > >Express yourself instantly with MSIT lies senger ! Download today - it's >FREE! bttp://messenger.msn.click-url.com/g%Dm00200471ave/direct/Ol/ > > Don' t just search. Find. Check out the new IISR Search! bttp://search.msn.click-url.com/go/oum00200636ave/direct/Ol/ 2 3f tF s -lVlobile. · · LEASE PB.O'l'KCTION TERM SB.ua' To: Dallas Larscm I'roJD: Bacl~ Lease ~. qeDtmr T-Mobilo Subject: AlNOOO4A66733 Date: July 13. 2006 CC: T -MobiIo Lease File On thotcrms and ~ set fordahcniD. T-Mobi1e wouIcl ccnhf<< ~ng your wireless comln..tl~ &cffity lease asreemeat tbr tho site 10catecl at: 1815 Fox:Rma Ce.IltaviIlo. MN 55038 New RelIt A. New Base_ B. New hilt Fmqueacy C. NewBraJ~ D. New~~ FRqU.IlCy $14574.00 AmmaIly 3.00% AmmaIIy New Term A. New IaitiaI Tam (mo) B. Number ofRouewal Tenus C. R.eaowa1 Term Length (mo) 60 5 60 New TCI'IIlin4ltioa" G.....- A. New TorminsdiC)ft Notice (days) B. New Terll/liftllticpa Feo(mo) C. _~Period{mo) 30 12 72 Other A. Please verify or write in tho correct legal ownership for1bis Sa. Is 1bis correct? Yes INo B. Please verify or write in tho coaect fIh,sfcal address tbrthis Site. Is this correct? Yes INo 1m 'ox Run. Ce.IltaviIlo. MN 55038 C. Please verify or write in tho coaect address fbrDOtico aDd COJI~~. Is this c:ornct? Yes INo 1880 MaiD St.. CeatervilIe. MN 5~038 D. &rccti.vedamofthe Now ~ '"'1bis.puposaI is_ abiadiD& ~A_'\Alitm~1t and is au18ecttoreview ad app;oval of p..I_,w:m. by all p8ltiesand will apileatthecbeof busiaessJUmIom tl10 date ofdlis!cl.1erUDtess~~ by a T-MobfIe ofticer ordiDlclor. Pi.d.~ in1ldspost8lDis_Nq1IiredaDd T-MobiIew.lll c:ontimIeto abide 1Jy the terms ofyoar oaigiaa1 Lease~ ~extI1lisiDg t-m:...... lights "lIhcmtley cxi&t. ~ .' Ii- ~. ,. 35 -...------..... fa; T-MobUe Lease S:'ll'~,"'" '" ,~ "'l- '1 .';-- July DOl OrIgInal Lease RevIsed PerIOd Year (4%) Lease PerIod DIffer8nce 1 1996 $ 10,500.00 2 1997 $ 10,920.00 3 1998 $ 11,356.80 4 1999 $ 11,811.07 5 2000 $ 12,283.51 6 2001 $ 12,774.86 7 2002 $ 13,285.85 8 2003 $ 13.817.28 9 2004 $ 14,369.98 10 2005 $ 14,944.77 11 2008 $ 15,542.56 12 2007 $ 16,164.21 $14,574.00 1 $ (1.590.27) 13 2008 $ 16,810.84 $15,011.22 2 $ (1,799.62) 14 2009 $ 17,483.27 $15,461.56 3 $ (2,021.72) 15 2010 $ 18,182.60 $15,925.40 4 $ (2,251.20) 16 2011 $ 18,909.91 $16,403.17 5 $ (2,506.74) 17 2012 $16,895.28 .e $ 18,895.26 $ 87,550.89 $ 94,210.81 Net PntsentValue $ 8,719.72 $3,893.12 3/; " -----------------------.-------- CeI Site II: Cd Site Name: Address: ((Site t#JJ [[Site N8IIle)) . ((Site Address lD, ([SIte Address 20, DSite City)L ((SIte State)) [(SIte ZIP)) (JAMRNDMl!NTllll AMRNDMR'NT TO T ....Aft Ap~ THIS QAMENDMENTf#)) AMBNDMBNT TO LBASB AGRBBMBNT ("~lt' dated.atthe Bffective Date (as ~.w:1 below), by aud W"'~ IP ......9I'Il Name)), with aD ofticeIresidiDs at ((LudIonI Mch-D (h6eic"'" Jeferced to as '1.a8dIordj - [(TM EatityJ1 a DeIIhwe COIpOJa&a. haviDs aD oIico at 12920 SB. 3'" Street, BeIlevue, w...s~ 98006 (lMPi.satMr referred to IS "TeD8IIt"). WBBRBA.S. LaDdlord and TeD8Dt entered iDto a Lease ~ datecl ((Leese DateD; whereby J.Aft~ leased to Temmt certain Pnftises. therein ~ that are a portion of the Property located at ([Site AcIdnss 1)), ((Site Address 2D, ((Site atyJ), (ISite StateD ((SIteZlPJ) r Agreement"); and WBBRBA.S. LaDdlord and Teaant, in their UDlt... iatoJ:a4., wish to amead the ~ as set forth below; NOW 11IBRBFOl.m. in COIISideration of the foregoiag and of other good and valuable CODSideratioa, the receipt and sufHciency ofwhich is hereby ~ I.andlord and Teuaat hereby agree as follows: 1. TerRI. AD. loLences to the Term of the .Agr\"AIIleDt sbaU be amended to provide that the Agreement tas a New IDitiaI Term of [(N- IDitiaI TermD ~ ("New IDitial Term"), CC)i.~...a."" on ((New eo...llPaftleat Date)] and the Term wDl be automadcally NDfi.~ for up to ((.New..... TIIIIISD acIditiomtl ((LeDath oflleaenl T--U IIlODth terms (each a "R.enewal Term") without further action by Teoant for additiona1 periods of((LeDath of........ TermD JIb.nt1uL 2. M~. of'" Commencma OIl (IN- ~ Date)], the RelIt payableuader the ~ sbaJI be $((New Base RelIt)] per month, aud shalt ~Je cJuriDa the New IDitia1 Term ami aD Renewal Terms . provided below. 3. MocIiftaticm of ~ RelIt IRcn8ses. TIle Agreemeut is amended to provicIe that CODIIIl8IlCing on [[New EscaJation DateD. Rent sha1l be (fixed, incnased on ~ "amuaI/term" basis by X% of the then cummt rent. 4. MMUlcAt1ea of Teaaat's 0ItIIpd0D to Pay - 1le8t Gunmtee. Por a [[ReDt GuIIrmtee Periocl]] month pedocl (W'..Ut...... [[ReDt Guaranteee CoamnaneemeJJt DateD and endiDg [[ReDt GuaraDteoBnd DateD. Tenant's ~ to pay relit cIuriDg the New Initia1 Tam pursuant to this ~1IlAIIdJnp wiJ1 not be subject to oftiet or telndDation by TeDaDt (the "B.eat GUlum. Period"). s. Term-'" AftertheReDt Guarantee Period. Tenant may~the ~ at aaytirile with thirty (30) clays prior written DOtice to Laudlord. Pudhe1.more, no~ld~t1And1rw 81lJ other provision of the Asreemeut or of this Amea.dm.eDt, Temm.t may ."li,tAt, the~ cIurina or after the lleat Guanatee Period. upon Landlord .,..Jt.. or upon casualty or condP.lnlHltinn of the PnmIises that substantia1ly biDders Te.nant's abDity to use the Premi~ Pap 1 012 LIlaiIkll4ia11ia1: ~1 _0______________.__ _ _ _ _ _______________ 6. NoCices. Section ~",,~JJ of the Afpemeat is hereby cIeleted in its ~ and replaced with the foJIowiDg: NOTICBS. All no1ices, nquests, d~ and comnb~ hereuacler will be alveD by fint class c:ertifled mail, retum receipt requested. or'" a aationa11y recopized ovemigbt courier, postage prepaid, to be efrecIivo when received, rethsecl or l'CltUrDed undeJivaabJe. Notices wiB be adcIressed to the parties as follows: tl8toT~ . . (IT-- Vesti8IJ) ((TM Eatity)), asso W. BrynMaw!' Avenue, ~ JL 60631- Atta: PCS Lease ~dmini$tiator, Cell Site ## ((Site ##J), Cell Site Name USite Name]); with a copy to: (fI'MEatityD. 12920 S.B. 3&6 $treet, BeBevue. W~ 98006 - Attn.: Legal~~ Be: ('AJl Site II [(SIte I#JJ, 01 Site Name USlte NameD; tIIId as to Landlord, ((Ludlord NaaeJJ, ((LaadIord AdtnsD. Bither party hereto may.~ the place for the am. ofaotice to it by tbirty (30) days prior \Witton notice to the other as provkled hereiD. 7. Other T__ 8IId CoDdItioaI..... In the eveat of any incoasistondes b4.....__ the Aareemont IIlCl this ~. the __ of tis Amea.dDloDt shaD control Bxcept as apressIy set fbrthin this ~n,ent. the ~ othelwise is ~ and ~ iD 1Wl force aacI eJIect. Bach IAvw:e In the Asr-aeat to itseJfsbaJI be deemed also to refer to this. a. ~.ed TenDS. AU ~1i. terms used but not ~ herein shall have the SII1Ile IJIeAnit~ as de1ined in the Aareement. IN WITNESS WHBBEOF. tho parties havo caused their plopedy authorlzecIlWlpt~-.:yes to execute this .Amen<lnlOllt. as of the clam and year below ~ Date"). LANDLORD: [(LaacRonI NameD TBNANT: (lTM EadtyD By: Name: TJtle: Tax Id: By: Name: T1tle: Date: Pap 2 012 L8aI1lanIIailfa1: 3! 1880 !Main Street, ~ !M!N .55038 6.51-429-3232 or tp~ 6.51-429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #106 - 037 A RESOLUTION APPOINTING ELECDONS JUDGES FOR THE UPCOMING PRIMARY" GENERAL ELECTIONS (September 12, 2006 .. NoveDlber 7, 2006) AND INTERIM DUUTY CLERK FOR THE PlJRPOSE OF ACCEPTING AFFIDAVITS OF CANDIDACY WHEREAS, pursuant to Minnesota State Statute 204B.21, subd. 2, the City Council of the City ofCenterville must select and appoint election judges for the upcoming Primary (September 12, 2006) and General (November 7, 2006) elections; and WHEREAS, the City Clerk has advertised for individuals interested in serving in the capacity of election judg~ contacted individuals provided by the County through lists from both the Republican and Democratic parties, uti1i7ed previously appointed judges or a combination of all to compile the list below of those that Council will consider appointing; and WHEREAS, all of the listed individuals are required to receive training either in the capacity of head judge (3 hours) or election judge (2 hours) as required by Minnesota State Statute 204B.2S and ifany of the individuals listed below are not trained, the Election AdministratorlHead Judge has the duty and responsibility to not allow that individual to serve in the capacity of head judge or election judge; and Sharon Anderson Janis Hac1nnan Marcia Bartels CliffKath Teresa Bender (Election Admin./Head Judge) Joyce Dupre David Osgood Nancy FitzGerald Shirley Sager (Head Judge) Joyce Gruber Irene Seashore Kris Sweeney Shirley Sundquist Mary Ann Thill Anita Thompson Suzanne Seeley WHEREAS, the Council of the City of Centerville will appoint Ms. Kris Sweeney as interim Deputy Clerk for the period of August 29, 2006 through September 12, 2006 for the sole purpose of accepting affidavits of Candidacy if the City Clerk is absent from City offices; and NOW THEREFORE, BE IT RESOLVED BY THE OTY COUNCU, OF THE CITY OF CENTERVILLE, MINNESOTA: 1. Authorizes the Election AdministratorlHead Judge to deny an individual the opportunity to serve as a Head Judge or Election Judge due to fiilure to receive proper training per Minnesota State Statute 204B.2S. 09 2. Appoints the above stated individuals for the primary and general elections to serve in the capacity of head judge or election judges if trained according to Minnesota State Statute 204B.2S. 3. Appoints Ms. Kris Sweeney as interim Deputy Clerk for the period of August 29, 2006 through September 12, 2006 for the sole purpose of accepting affidavits of Candidacy if the City Clerk is absent from City offices. PASSED AND ADOPTED by the City Council this 9th day of August, 2006. Attest City Clerk Mayor 1IJ Extract of:Mimlfes of Meeting of the City Council of the City of Centerville, Anoka County, Minnesota . Pursuant to due can and notice thereof: a regular meeting of the City Council of the City ofCenterville, Minnesota, was duly held in the City Hall in said City on Wednesday, August 9, 2006, commencing at 6:30 P.M The following members were present: and the following were absent: ... ... ... The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $2,700,000 General Obligation Improvement Bonds, Series 2006A The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Offering for the Bonds. The proposals were as set forth in EXlDBIT A attached. After due consideration of the proposals, Member introduced the following resolution, and moved its adoption: then 41 erviCCe ~1857 RESOLUDON #86-038 1880 !MaIn Street, cmterrJilfe. !M9f 55038 6.11-429-3232 or '.F~ 6.11-429-8629 A RESOLUDON AWARDING THE SALE 0' 52,700,000 GENERAL OBUGATION IMPROVEMENT BONDS, SERIES 2006A :FIXING TIIEJ.K 'ORM AND SPECIFICATIONS; DIRECTING THEIR EXEcunON AND DELIVERY; AND PROVIDING POR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Centervi11e, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bond A, 1.01 It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereot by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Pro" J&I" " &~ ~eet _W'Rtion on: Total PrQjeet Cost Hunter's Crossing 3m Addition, 21 lit Avenue, Improvements Construction and related costs Engineering Costs ofIssuanee Capitali7.ecl Interest Discount Allowance Total $2,187,691 225,000 42,809 192,000 52.500 $2,700,000 [Amounts are estimates, to be fioali7<<l upon award] (b) it is necessary and expedient to the sound financial m.~ent of the affairs of the City to issue $2,700,000 General Obligation Improvement Bonds, Series 2006A (Bonds) pursuant to the Act to provide financing for the Improvements. (c) The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. The actions of the Page 2 of22 Aj,L city staff and financial advisers in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purr-nA'" and Interest Rates. The proposal of (Purchaser) to purchase $2,700,000 General Obligation Improvement Bonds, Series 2006A (Bonds) of the City described in the Terms of Offering thereof is hereby found and determined to be a reasonable otter and is hereby accepted, the proposal being to plU'Chase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity . Interest Biltc Year of Maturity Interest BatI 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 True interest cost: 1.03. PurrJu.~ Contract. The sum of$ being the amount proposed by the Purchaser in excess of $2,647,500 shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund under Section 4.01 hereof: as determined by the City's financial advisor. The City Finance Director is directed to retain the good 1B.itb. check of the Purchaser, pending completion of the sale of the Bonds, and to return the good fBith checks of the unsuccessful proposers. The Mayor and City ~dministrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal AmnuntA of the HondA, The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of $3,000,000, originally dated September 1, 2006, in the denomination of $5,000 each or any integral multiple thereof: numbered No. R-l, upward, bearing interest as above set forth, and maturing serially on March 1 in the years and amounts as follows: Page 3 of22 .t!3 X. Amount Ym Amnlmt 2009 $135,000 2016 $195,000 2010 145,000 2017 205,000 2011 lSO,OOO 2018 215,000 2012 160,000 2019 220,000 2013 170,000 2020 235,000 2014 175,000 2021 250,000 2015 185,000 2022 260,000 1.05. Qptional Redemption. The City may elect on March 1, 2010, and on any day thereafter to prepay Bonds due on or after March 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. Ifless than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price ofpai' plus accrued interest. 1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Reaistration and Payment. 2.01. Reaistered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof: is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Pa\Yment Dates. Each Bond will be dated as of the last interest payment date precedillg the date of authentication to which interest on the Bond bas been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ti) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on March 1 and September 1 of each year, commencing March 1, 2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Reaistration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as fonows: . (a) J9ste1'. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. Page 4 of22 11 (b) T1'R11Afer of Rnn~., Upon SU1TeIlder for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month precedins each interest payment date and until that interest payment date. (c) ExchanF of Bonds. When Bonds are SU1TeIldered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter dispo$ed of as directed by the City. (e) InwrQper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good &itb, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of: or on account of: the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and CbaJ:ges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Muti'atflwt 1..0., Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of Page S of22 15' the ownership thereot: and upon furnishing to the Registrar of an appropriate bond or indemnity in fo~ substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilat~ destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Recleq)tion. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedi1\fPl for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appnintment of IniQ.al Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove thexRegistrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of aU principal and interest then due. 2.05. Execution. Authentication and Delivety. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those Sig1'stflU'eS may be printed, engraved or lithographed filcsimiles of the originals. If an officer whose signature or a filcsimile of whose si81'ature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for aU purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the tnanual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in Page 6of22 ~ accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporaty BnndA, The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to retlect more than one maturity "" a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bogds. The Bonds will be printed or typewritten in sub~lIy the fonowing form: No.R- $ UNITED STATES OF AMBRICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVllLE GENERAL OBUGATION IMPROVEMENT BOND, SERIBS 2006A 1m Maturity Date of Original Issue CUSIP March 1, 20_ September 1, 2006 Registered Owner: Cede &, Co. The City ofCenterville, Minnesota, a duly organi7.ed and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ . on the maturity date specified above, with interest thereon from the date hereof at the anmlaJ rate specified above, payable March 1 and September 1 in each year, commencing March 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof: the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Asent, Transfer Agent and Authenticating Agent, or its desi8"Ated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Page 7 of22 41 The City may elect on March 1, 2010, and on any day thereafter to prepay Bonds due on or after March 1, 2011. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notifY Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest \in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Coun.cil has desigJ'ated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the mestning of Section 26S(b)(3) of the In.temal Ilevenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the S10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $3,000,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 9, 2006 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a tbll statement of rights and powers thereby conferred. The tbll faith and credit of the City are irrevocably pledged for payment oftbis Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations ofSS,OOO or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate 'and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such traDSfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof: whether this Bond is overdue or not, ~ the pwpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. Page 8 of22 ~ IT IS HEREBY CERT.l}i]W, RECITHU, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance oftbis Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City ofCenterville, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalfby the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF CENTERVILLE, MINNESOTA (f'ac-cimi1~) City Administrator (facsimile) Mayor CERTIFICATE OF AUTHBNTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative Page 9of22 '5'9 The following abbreviations, when used in the inscription on the face of this Bond, will be consttucted as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACf Custodian (Cust) (Minor) TEN ENT - as tenants by entireties under Uniform Gifts or Transfers to Minors IT TEN - as joint tcmst-nts with right of survivorship and not as tenants in common Act. . . . . . . . . . . . (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, 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: NOTICE: S~re(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion SilP'mJres Program ("MSP") or other such "siwumn guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Excbaage Act of 1934, as amended. Page 10of22 61J The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date ofReiistration Reiistered Owner Cede&. Co. Federal ID #13-2555119 Sig1'AtlJre of Officer ofReaistrar 3.02. ApJ)l'Oving Legal Opinion. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy &. Gra~ Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledses and CovenantA, 4.01. Debt Service Fund, (a) The Bonds are payable from the Improvement Bonds, Series 2006A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the Improvements described in Section 1.01 are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the sattle, the City Administrator is directed to pay such principal or interest from the general fbnd of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund (i) capita1i7,ed interest funded &om Bond proceeds, if any, (ii) any amount over the minimum pmchase price paid by the Purchaser, to the Pase 11 of22 c6l extent desigJUried for deposit in the Debt Service Fund in accordance with Section 1.03 and (ill) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. (b) The proceeds of the Bonds, less the appropdations made in paragraph (a), together with any other fbnds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used sOlely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remllining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.02. City Covena.nbI, It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders ftom time to time of the Bonds as follows: (a) The City bas caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not 1ater than 2008 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all fbrther actions that are required for the construction of each Improvement financed wholly or partly ftom the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any CUlTent or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefore and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance ofuupaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. Pledae of Tax Le~. It is determined that at least 200.4 of the cost of the Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Bonds, th~ is levied a direct "",,,aI irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Page 12of22 5J- Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): :x. l&Y! (See EXHIBIT B) 4.04. Certification to Coun13 Auditor as to Debt Service FUl)d Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Administrator may certify to the Manager of Property Records and Taxation of Anoka County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records and Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. Coun13 Auditnr Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section S. Authep.tication ofTra.nscQpt. 5.01. City ~i~p and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and traDscripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Administrator and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Payment of Costs of'''IA~. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy " Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers " Associates, Inc. Page 13 of22 ~3 Section 6. Tax Covenant, 6.01. Tax-Exenwt BondA. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury RegJI1ations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2006) exceed the small-issuer exception amount ofSS,ooo,ooo. (b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed SS,ooo,ooo, within the meaning of Section 148(t)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through ISO of the Code. 6.04. Qt~jfied Tax-Exempt Obliptions. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 26S(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code' , (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 26S(b )(3) of the Code; (c) the reasonably anticipated ~ount of tax-exempt obligations (other than any private activity bonds that are not qualified SOI(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed SI0,000,000; and Page 140f22 ~L/ (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been desi{V'Slted for purposes of Section 265(b)(3) of the Code. 6.05. Procedural ReqpirementA. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Enlly System: Limited Obliption ofCif3. 7.01. Mt. The Bonds will be initially issued in the form of a separate single typewritten or printed tblly registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initi&l issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede It Co., as nominee for The Depository Trust Company, New York, New York:, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede " Co., as nominee ofDTC. 7.02. Participant.C1- WJ.th respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede " Co., as nominee ofDTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede " Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any. other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (ill) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of: premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal ot: premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to tblly satisfy and discharge the City's obligations with respect to payment of principal ot: premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No penoIl other than a registered owner of Bonds, as shown in the registration books kept. by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Aclministrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede " Co., the words "Cede " Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator willf'romptly deliver a copy of the same to the Bond Registrar and Paying Agent. Page 15 of22 5~ 7.03. Rep'Me1Itation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of: premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book.Rnt1y System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the ParticipantS, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereofwill apply to the transfer, exchange and method of payment thereof. 7.0S. Payments to Cede" Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede " Co., as nominee ofDTC, payments with respect to principal of: premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Contimlinl1 Disclosure. 8.01. City CoRU)liA11ce with Provisions of Contimli'W Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mat1date or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Contimtil'li Disclosure Certificate. "Contim,ing Disclosure Certificate" means that certain Contim,ing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Page 16of22 5& Section 9. Defeasance. 9.01. Pl~ CovenantJI *'"" Other 3i1lht.. to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in tU1l force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereofin full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) Page 17 of22 51 The motion for the adoption of the foregoing resolution was duly seconded by Member . and upon vote being taken thereon, the following voted in favor thereof and the following voted ~ the same: whereupon said resolution was declared duly passed and adopted. Page 18of22 .j}' STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. ) CITY OF CENTERVILLE ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Centerville, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on August 9,2006 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $2,700,000 General Obligation Improvement Bonds, Series 2006A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of o. 2006. City Clerk Centerville, Minnesota (SEAL) 2948S8vl SJB CE155-26 $r; STATE OF MINNESOTA MANAGER OF PROPERTY RECORDS AND TAXATIONS CERTIFICATE AS TO TAX LEVY AND REGISTRATION COUNTY OF ANOKA I, the undersigned Manager of Property Records and Taxation of Anoka County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Centerville, Minnesota, on August 9, 2006, levying taxes for the payment of $2,700,000 General Obligation Improvement Bonds, Series 2006A, of said municipality dated September 1, 2006, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of . 2006. 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I ~ - h ~f"r4.-J' Olty .1' LI.'O LAKCS . ~ // i f(- ; I II J'I ~<~ 7 " III as c .. o . - wi .. o .. .. - .. ~ .. MONTHLY ENGINEER'S REPORT AUQUST, 2006 1 Huftters Qoa8lIIg 2lIlI AlIIlItIall (prlwte) , "'-tt IICltIII 3rtI AdlIItIOll (prtwota) , Hufttttll CrMne 3rd AdlIItIGll (prtwte) " lilt Aw./IOIaOet RollI , ClAM '4 , 01lI ... T_ llII'noIItlolI 7 IOll8 S10nft water AftaIJIII 8 Odll\lll Rood ~t 9 ,... Street b'1pl6_te 10 Cedar Street lfDler lIolft 11 ~ terville Established 1857 (lIClllIla-031D-D) (lIClllI1a-031J4-D) (ClOD81a-DO'.'-O) (ClOD81a-DO'43-O) (ClOD81a-oe'....O) (OlllII'....4I-D) (ClOD818-OI1*"O) (0lID818-0I147-D) (ClOD81a-061*"D) (OlIllI18-DO'48-D) na Ij=:- -=- AndftrIlk a lJ1~ ~. ...... k\8l6\6t&ooap\cad\lfolotloly I........ ~\8la...>uo..l'llO.~ 8/4/IID ""'10 W. mT ...:. , I) 10 lot " " I ~1! ct i ~ III . 4 wi n I. ! I ~ L aDD lIcole III felt 1lF ./. CITY OF CEN'I'ERVILLE IIOIITHL Y EIIG'IIEER'S REPORT For August 9, 2006 City ('.nuncil Meeting Italics = New Info1'1Tliltion. Normal = No chaDge from last report. 1. Bunten Crossing"" AdditioD (Private) (000616-03132-0). The City Council has approved the FintIl Pay Request and the project has been closed out. 2. Pbeasaat Manh 3rd AdditioD (Private) (000616-03134-0). All utiltties have been completed. Once the project site dries up.from the heavy rains this week the contractor will continue working on the roads. The site should be workable again next week and the contractor will begin installtngfabrlc, drain tile, SII1Id, and gravel 3. Bunten Crossing 3rd AdditiOD (Private) (000616-05141-8). All utilities, Cllf'b, and bit1Jmtnous work is completed The contractor is currently working on punch list items. 4. 21st AVeDuelBaekage Road (000616-05143-0). Contractor has completed all clearing and grubbing on the project site area other than the Sheehy property. A major portion of the grading is underway and will continue into the next few weeks. Some minor utility work has been completed and will also continue next week. 5. CSAH 14 (000616-04139-0, 000616-06144-8, 000616-06150-0). I'orr.em.'q Plans have been submitted to the County. Water MfIa Plans have been submitted to the County. S~ne Pions have been submitted to the County, however, they are now hocking at the idea of including the improvements in the overall CSAH 14 bid due to issues with the environmental documents. We are working with the County and MNDOT to resolve this situation which may require us to bid the improvements 1l1II.kr separate contract. ~,demass Our grant application was sent out for the Safe Routes to School funding package. We should know, sometime in October, ifwe have been awarded a grant. 6. Old Water Tower Demolitioo. (000616-06145-0). A first and final pay request is on tonight~ agenda. 7. 2006 Storm Water Analysis (000616-06146-0). We reviewed with Rice Creek Watershed District stqff a S1I1Il11IQI'Y of 0111' proposed Best Management Practices (BMPs) for juture street project areas. Next steps are to look at each location injin1her tktail and consitkr the option ofproviding Cllf'b cuts to rain gardens and localized BMPs. 8. Old MJD Road Improvement (000616-06147-8). The contractor is reviewing the proposed change order which would odd the OldMtl1 Road improvements to the Baclroge Roadjob. 9. Fairview Street ImprovemeDts (000616-06148-8). Easements are being worked on. We received comments ftom Anob County Highway Department regarding a right turn lane and additional right-of-way along the Royal Oaks plat. The developer is hoping to build Fairview Street this summer. 10. Cedar Street Water Main (008616-06149-0). The C011Iractor has finished instolling the new water main. The water main has passed a pressure test and a bacteria test. Contractor is still currently working on restoration and the building connection. 11. MiscelJaDeous . We are working with the Sf. Genevieve Church to address storm sewer and trail issues. - End ofmemo- ., Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784-7472 - Office (651) 784-2427 - Fax July 26, 2006 Dallas Larson 1880 Main Street Centerville, MN 55038 Dear OaHas, The Centennial Fire District along with the Lexington Fire Department, the Centennial Lakes Police Department, the Lino Lakes Police Department and the Lino Lakes Park & Recreation Department will be holding their annual Safety Camp on August 10,2006. This event consists of approximately 150 children who attend and are between third and fourth grade. This program consists of 6 classes that are all safety related and mixed with fun in between the ,cl~sses. This is an all day event and will be held at Rice Lake School located at 575 Birch Street in Lino Lakes. Each year this event has been such a great success in teaching the children of our community safety procedures. We would like to invite you to come and observe any part of our full day event. Our graduation ceremony takes place at approximately 5:30 p.m. and is a great highlight of the day. With 150 children in the camp on this day, I may miss your attendance, therefore please bring it to my attention that you are present. With your busy schedule, we do understand if you cannot attend. However, it is a. wonderful feeling to see hQwwe have educated these children in our community. Sincerely, . c., . .:~......:;:i"""""."""IJ':~~ .. - .. . -, ,-. " .. - q... . . -. . - . '-. ,- . - .--,. ,- - .... " ,. ,\., . . . ,..: "..;",<,:: ....... ...._.:...'""..:.-...'.;-,~~.i::J.'.:r:._.~., ' '.~ .~. '~:';::'-. Milo Benn.ett'~:J:?', ' Fire'Chief' ;)'I':'~ ...... ::berndt law offices PLLC DENO W. BERNDT, ESQ. dwberndt@berndtlawoffiees.eom July 26, 2006 VIA COURIER City Administrator Centerville City Hall 1880 Main Street Centerville, MN 55038 SCANNED JUL 28 Z006 Re: Our Clients: Beth and David Fisher Property Address: 7072 Centerville Road, Centerville, MN 5 038-9712 Our File No. 11402-0001 Dear Sir or Madam: This correspondence should serve to confirm that your undersigned has been retained in connection with certain matters regarding the alv-- 'e-referenced individuals and their residential real property and improvements 1,. 'Un the municipality of Centerville, State of Minnesota. ~\ ~cJY {~~ The pwpose of this correspoD\ 1:.\ a.. \ DLP ...tter or not a sale of the property to the City of Centerville is feasi\ _...st resolution to my further involvement in connection with this matter. If ...ould kindly contact me to confirm receipt of this correspondence, and to furthe~' confirm if this is a transaction which the City of Centerville may entertain, it would be greatly appreciated. The extent to which we may receive a response prior to 5:00 p.m. this approaching Friday, it would be greatly appreciated. Prior to addressing concer. Fishers have determined to circumstances that the City t 'ters undertaken by the City, the Never, it may appear under the lyer for the subject property. Very truly yours, BERNDT LAW OFFICES, PLLC -" ~- ' .. --<q - .j Deno W. Berndt Attorney at Law z C CD :E c;:) w W c;:) ..J ~ C'.I ..J co ~ W N (.) -J W W => I- ~ ""':) Z W 0 DWBllmr Cc: Beth and David Fisher flsher/zoningmatterslcity 01 (07-26-06) 300 Union Plaza · 333 Washington Avenue North · Minneapolis, MN 55401 Telephone: 612.373.7060 · Facsimile: 612.373.7062 IJrItwl'- -....----., filmier .' COurler~ ANA (612) 349-2712 UNION PLAZA OFFICENTER 333 WASHINGTON AVE N STE 300 MINNEAPOLIS MN 55401-1353 SHIP TO: ATTN: CITY ADMINISTRATOR CENTERVILLE CITY HALL 1880 MAIN ST CENTERVILLE MN 55038-9794 ATTN: CITY ADMINISTRATOR HI 111111 I1I1 Z55039-9794 References: Berndt Law Offices Page I ofl Express - 2 HR 07126106 12:26 Pieces: 1 Weight: 1 Tracking Number: 1386199 mil liD III! III X..()()38.01386199 Signature: FOLD HERE Internet Shipping: ViewlPrint Label 1. Print the label: Click the Print button above. (Both will be hidden when printing begins) 2. Fold the printed label at the dotted line. Cut these instructions from label. 3. Affix the label to your package using clear plastic shipping tape over the entire label. 4. SPECIAL INSTRUCTIONS: http://www.shipwithpriority.comlshippingLabel.asp 7/26/2006