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Home My WebLink About04.16.01 Council Packet COUNCIL MEETING REGULAR April 16, 2001 VIEWING OF NEW FIRE TRUCK 6:30 p.m. 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclaim Volunteer Recognition Week - April 22-28, 2001 6. CITIZEN COMMENTS (Open for Audience Comments) a) Mr. Craig Stibbe - Akin Road Trail Concern, CSAH 31 Design b) Mr. Dave Pritzlaff - CSAH 31 Signage, Design c) Ms. JoAnne Payne - Akin Road Speed Survey, 195th Street ... CONSENT AGENDA a) Approve Council Minutes (4/2/01) (Regular) b) Approve Settlement Agreement Utili Corp - City Center - Community Development c) Authorize Grant Application - Fire Department d) 2001 First Quarter Building Permit Report - Community Development e) Capital Outlay - Police Department f) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - 195th Street Extension - Engineering b) Consider Easement Vacation - Vermillion Grove - Community Development c) Appeal of Home Occupation Permit - Community Development 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) MnDOT Speed Study Request - Akin Road - Engineering b) Consider Ordinance - Annexation of Lawrence Rother Property - Community Development c) Consider Ordinance - Annexation of Michael and Eileen Devney Property - Community Development d) Consider Ordinance - Annexation of Bernard Murphy Property - Community Development e) Consider Resolution - Middle Creek Development Contract - Engineering Action Taken Proclaimed Information Received Information Received Information Received Approved Approved Authorized Information Received Information Received Approved R36-01 R37-01 Referred to Planning Commission R38-01 ~c.1 Ord 001-4M- V~3 Ord001~ V'" .;? Ord 001-48" R39-01 11. UNFINISHED BUSINESS a) Akin Road Traffic Analysis - Update - Engineering Inform"tion :R,e~eived 12. NEW BUSINESS a) Consider Resolution - Sale of$I,655,000 General Obligation Utility Revenue Bonds Series 2001 B - Finance (Supplemental) R40-0J b) Consider Resolution - Sale of $875,000 G.O. Permanent Improvement Revolving Fund Bond Series 2001C - Finance (Supplemental) R4J-Ol c) Consider Resolution - Authorizing Execution of Documents Related to $5.830 million Public Project Revenue Bonds Series 2001A - Finance (Supplemental) R42..01 13. COUNCIL ROUNDTABLE 14. ADJOURN So- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Proclaiming Volunteer Recognition Week - April 22-28, 2001 DATE: April 16, 2001 INTRODUCTION The Farmington Area Chamber of Commerce is requesting your support in proclaiming the week of April 22-28, 2001 as Volunteer Recognition Week in Farmington. DISCUSSION In Farmington and throughout Minnesota, people's lives are touched l?y caring citizens of all ages from diverse backgrounds, who bring our communities together through their involvement and commitment. The result of this tremendous citizen involvement improves the quality of life for all Minnesotans. BUDGET IMPACT None. ACTION REQUESTED Proclaim April 22-28, 2001 be observed as Volunteer Recognition Week. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: Every Day in Every Way MINNESOTA VOLUNTEERS Over 2 million people - 66 percent of all Minnesotans - provide a multitude of volunteer services in their communities every day in every way; and, This commitment of active, engaged citizens around the state ensures healthy, vital communities positioned to solve critical problems and to improve the lives of many; and, In Farmington and throughout Minnesota, people's lives are touched by caring citizens of all ages from diverse backgrounds, who bring our communities together through their involvement and commitment; and, Farmington volunteers generously step forward to mentor at-risk youth, engage in civic action for local and state government, respond to emergencies and disasters, preserve the environment, perform chores for senior citizens and provide a multitude of services to address serious social problems; and, The result of this tremendous citizen involvement improves the quality of life for all Minnesotans; and, NOW THEREFORE, I, Gerald Ristow, Mayor of Farmington, do proclaim April 22 - 28,2001 shall be observed as: Volunteer Recognition Week Gerald Ristow, Mayor c,a-- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator 9Y FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Mr. Craig Stibbe - Akin Road Trail Concern, CSAH 31 Design DATE: April 16, 2001 INTRODUCTION At the April 2, 2001 City Council meeting, Mr. Craig Stibbe indicated that he had not yet been contacted by City staff regarding the design of the trail in front of his residence that is proposed as part of the Akin Road project. Mr. Stibbe also questioned why CSAH 31 south of 190th Street was constructed as a 2-lane roadway. DISCUSSION In regards to the proposed trail along Akin Road, staff will be contacting and meeting with affected residents regarding the design of the trail, before the plans for Akin Road are brought to the City Council for approval. Staff has attached documentation found to date from Dakota County that references the 2-lane design of CSAH 31 south of 190th Street. Staff is continuing to research this issue and will forward to Council any additional relevant information that is located. The attached documentation from the County indicates that the final decision regarding the number of lanes constructed on CSAH 31 south of 190th Street, was determined based on traffic predictions and resident input. However, as is indicated on page 3 of the August 17, 1995 memo form the County, the City initially asked for a 4 -lane design south of 190th Street. The August 11 th, 1997 letter from the previous County Engineer is a response to the City again questioning (after the change in staff), why CSAH 31 was not being constructed with 4 - lanes. BUDGET IMPACT None. ACTION REOUESTED For information only. Respectfully Submitted, ~J11~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Craig Stibbe, 20060 Akin Road Dave Pritzlaff, 20255 Akin Road , , DAKOTA COUNTY HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE. 3RD FLOOR DAVID L. EVERDS. P.E. COUNTY ENGINEER (612) 891-7100 Fax (612) 891-7127 APPLE VAllEY MINNESOTA 55124-8579 MEMORANDUM August 17, 1995 To: Honorable Mayor Eugene Kuchera and Farmington City Council Members From: David L. Everds, Dakota County Engineer ~ t ~ Re: Public Participation Status and Project History/Need The Dakota County Highway Department through discussions with the City Engineer in May of 1991 included the construction of CSAH 31 (pilot Knob Road) from 190th Street to CSAH 50 as part of our Capital Improvement Program (CIP). This project was proposed by the City of Farmington and supported by Dakota County. Dakota County supports Farmington's thoroughfare plan as it looks far enough into the future to be an appropriate use of County Funds. ) The new CSAH 31 alignment was approved as a minor arterial highway by the City of Farmington as part of their thoroughfare plan in 1982 (attachment #1). The developed areas are shown on the map. The future alignment of CSAH 31 is shown by the bold dashed line. Attachment #2 shows the map presented to the County in 1991. This map demonstrates the growth experienced at that time. Future CSAH 31 is shown as a bold solid line. . The third attachment is a map showing the anticipated 20 year growth of Farmington. . This preliminary map resulted from meetings between County and City plarming staff as input for developing the Dakota County Transportation Plan. It demonstrates the, increased development over the past several years and anticipated future single family homes along this corridor. ' County road projects are designed to safely accommodate expected traffic for a twenty year period. This is the best and most cost efficient use of taxpayer money and eliminates the more expensive alternate of short term remedies and then total reconstruction. . Printed on rec:yc:led paper. 2O'!lt posl-consumer o AN EQUAL OPPORTUNITY EMPl.OYER CSAH 31 is a road of regional significance. It is a minor arterial on the City, County and Metropolitan Council functional class maps. It fits the spacing guidelines for a minor arterial in a developing area. There are two miles between CSAH 23 (Cedar Ave.) and new CSAH 31 and two miles between new CSAH 31 and TH 3. CSAH 31 is of regional importance in that it connects the Cities of Men dot a Heights, Eagan, Apple Valley, Lakeville and Farmington. It provides connections to three principal arterials: I-35E, I~ 494, and CSAH 42. CSAH 31 will provide a more direct access to CSAH 50, when construction on CSAH 50 is completed, it will provide access to Lakeville and 1-35. . Construction of the new alignment will provide for distribution of traffic onto existing Aikin road and new CSAH 31 which will be required for the future development. Access control on the new alignment will eliminate individual driveway access. The new alignment history of CSAH 31 has been well documented and extends back to the early 1980's. Right of way has been preserved through the platting process. Landowners in the Fair Hills Fourth Addition were required to sign forms acknowledging the future County Highway at time of purchase (attaclunent #4). . Suburban land development in Farmington has increased significantly as demonstrated by the attached maps. According to the Metropolitan Council's Regional Blueprint, Fannington is expected to grow from it's current population of6,870 (April 1, 1994) to 12,900 by 2010. Besides planned development along CSAH 31, there are also approximately 400 single family units being developed by the Sienna Corporation in east Farmington. These all fit with the significant increase Farmington has witnessed in housing permits over the last several years. Wetlands will be impacted on the new alignment. Since the project is a new alignment, design of this alignment will allow the County to avoid and minimize wetland impacts to the best of our ability without jeopardizing the integrity of the road. An Upper Vermillion River tributary must be crossed and there will be impacts at that location. The County and City will work with the appropriate agencies (DNR, Corps of Engineers, SWCD) to mitigate and minimize these. Impacts to wetlands along the existing alignment would also . occur with an expanded highway. The costs and impacts to upgrading the existing alignment would be severe. Current development along existing C~AH 31 limits the ability to upgrade the road. Individual driveways and the set alignment prevent redesign of the road to County standards. Service roads would need to be constructed, this would require excessive right"ofway c ts. Dakota County is currently working through our public participation process. Open houses lasting three hours were held in Apple Valley and Farmington to initiate public input and comments regarding the proposed project. Mailings were sent to all known residents who own property adjoining the project along with public officials. Due to mailing costs, advertisements were placed in the Apple Valley, Lakeville and two 2 Farmington local papers for other residents. The open houses were well attended and comments were recorded. Since the open house, additional comments have been received through the mail and by phone. The consultant working on the design (BRW) is currently compiling the comments. Dakota County is compiling the additional comments~ During the week of August 21st, County, City, and BRW staffwill be meeting to review the comments and decide how to proceed. One of the most controversial items was the suggested four lane divided design from 190th to south ofCR 64. Although this was suggested by the City, expected traffic and traffic distribution between Aikin Road and the ~ alignment may make a three lane design possible which has less impacts. Any comments iIie""" City receives on August 21, ~1995 will also be included in the discussion between the County, City and BRW. We will be listening to all comments received during the design process. The review of all comments and input is necessary before a decision is made regarding the design s~ion ~ this area. With the importance of the investment, we feel that all comments need to be examined. CSAH 31 is one of the very important north-south corridors within the County. The proposed roadway must provide for safe travel between communities. The initial proposed design includes protected turn lanes for local traffic movements and bike trails to safely provide these travel movements off the roadway. Efforts will be made during design to minimize environmental impacts adjacent to' the roadway. Investing in the current alignment would be an irresponsible decision in accommodating future developments and a poor use of County resources. Implementing patchwork fixes for long term development is not a wise decision for transportation dollars. You will be advised as to design details as soon as they are determined. cc: Commissioner Harris Brandt Richardson Louis Breimhurst Jack Ditmore Larry Thompson n:\dept\highway\memo\k-uch-31 3 --- DAKOTA COUNTY HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE. 3RD FLOOR DAVID L. EVERDS, P.E. COUNTY ENGINEER (612) 891-7100 Fax (612) 891-7127 APPLE VALLEY, MINNESOTA 55124-8579 June 25, 1997 c~.f OF h.':..hiv:.r-;'..;;fUf.l r::'tJi"J'UN 2 '1 1991 rm , . '.\ n" r? WI . '. "" ,., '!.-J \ ; , ,. ' ~ , : I i ~ :, 1 Mr. John Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mr. Erar: The CSAH 31 design from 209th Street to 195th Street is for a rural two-lane design with paved shoulders. This design requires 120 feet of right of way. You have discussed developments that you expect will occur along the roadway in this area and the possible future needs for four lanes with bike trails. A four-lane divided roadway would typically require 150 feet of right of way. The Dakota County Contiguous Plat Ordinance would require the dedication of right of way on any plats adjacent to the county road. The right of way would be required to meet the County guidelines for a four lane divided roadway with trails. If the City requires the platting of developments, most of the additional right of way should be dedicated for the future roadway. City support of the County's right of way and access spacing guidelines is important in the process of providing future corridors and safe and efficient highways. Sincerely, -;;p-~~Z'~~ David L. Everds, P.E. Dakota County Engineer DLE/mjl N:I-erar Printed on recycled paper, 20% post-consumer o AN EaUAL OPPORTUNITY EMPLOYER ~. ~'-------- DAKOTA COUNTY HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE. 3RD FLOOR DAVID L. EVERDS, P.E. COUNTY ENGINEER (612)891-7100 Fax (612) 891-7127 APPLE VALLEY. MINNESOTA 55124-8579 C':7Y OF FARMjNGTC~J i~ f7.'l f1 mI ~ August 11, 1997 AUG 1 3 1997 ':'.11 p. , . '; !,I Mr. John Erar City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mr. Erar:~~~ The alignment and number of lanes for CP 31-31 were originally set in conjunction with City staff prior to you and the other new staff members beginning work in Farmington. The original layout for the first open house included four lanes north of 1951h Street. Many negative citizen comments were received to this proposal at the first open house. Since Akin Road was and is planned to carry a normal, unimpeded, part of the traffic south of 1901h Street, both City and County staffs and the consultant agreed that the traffic predictions for the alignment south of 1901h Street made two lanes adequate for the next twenty years. You do need to maintain Akin Road as a major parallel route. A parallel City street system is important throughout the community to carry traffic both east-west and north- south. CSAH 31 should not be expected to carry all north-south trips in Farmington. We have discussed the new alignment of CSAH 31 south of 190th Street with Metropolitan Council Transportation staff. Metropolitan Council staff felt they never indicated that four lanes are necessary south of 1901h Street. The traffic forecasts done by county and consultant personnel were again reviewed after our August 6 meeting. The design of two lanes south of 1901h Street is still appropriate. Although we do not expect four lanes to be needed south of 190th Street in the foreseeable future, if roadway expansion is needed, widening the present roadway to four lanes is just as likely to be the most cost effective solution as offsetting the two lane roadway in the right of way and adding two future lanes on the remaining right of way. The latter would require acquiring right of way in addition to the present corridor width that is planned. Printed on recycled peper, 20'lll post-consumer o AN EaUAL OPPORTUNITY EMPLOYER Access control will be an important component in the future operation of CSAH 31. City staff should work early in the platting process with the County to discuss the appropriate locations for access along CSAH 31. You have asked about signal installation and funding as part of the project. First, signals are only allowed when warrants for installation are met. Second, when warrants are met for installation, either the City or County can advance fund the signals with the other agency's approval. The agreement to do this would include the date for the other agency's reimbursement. Conduit for possible future signals will be placed at 180lh street, Euclid Path, 190th Street, 195th Street and CSAH 50. We still hope for a February letting, although the funding concerns which delayed the agreement approval makes this more difficult than if the delays didn't occur. Sincerely, ~ David L. Everds, P.E. Dakota County Engineer DLE/mjl N:je-3131 ~b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Adminislnltor ~ FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Citizen Comments - Mr. David Pritzlaff - CSAH 31 Signage, Akin Road Concerns DATE: April 16,2001 INTRODUCTION At the April 2, 2001 City Council meeting, Mr. David Pritzlaff forwarded several questions and concerns regarding CSAH 31 and the Akin Road Project. DISCUSSION Mr. PritzlafI commented that he would like to see the existing metal culverts along Akin Road replaced with the Akin Road project. Concerns regarding culvert replacements were not brought to staffs attention at any of the three neighborhood meetings that were held regarding the Akin Road Project. The culverts along Akin Road are typical for roadways that do not have curb and gutter. Mr. Priztlaff stated that it was his understanding when he bought his home that Pilot Knob Road would be a 4 - lane road. Mr. Pritzlaff has been forwarded the documentation regarding this issue discussed under the previous agenda item. In summary, the documentation indicates that the City suggested that Pilot Knob be constructed as a 4 - lane road south of 190th Street at the beginning of the project and again questioned the 2 - lane design after the staff change. The County has indicated that the final decision regarding the number of lanes constructed on CSAH 31 south of 190th Street, was determined based on traffic predictions and resident input. Mr. Pritzlaff also requested that signs be placed on Pilot Knob Road that would direct traffic to the downtown area of Farmington via Pilot Knob and CSAH 50. As CSAH 31 and CSAH 50 are County roadways, staff has forwarded this request to the County Engineer (attached). BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfull y Submitted, ~rn~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file David Pritzlaff, 20255 Akin Road City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 . e. . www.C1.J.aronnglon.mn.us April 9, 2001 Mr. Don Theisen County Engineer Dakota County Highway Department 14955 Galaxie Avenue Apple Valley, MN 55124-8579 Re: CSAH 31 Signage Dear Mr. Theisen: The City would like to forward a request from citizens in Farmington asking that signs be placed on CSAH 31 directing traffic to Farmington's downtown area. It is proposed that a sign be placed north of the intersection of 190m and CSAH 31, indicating to southbound traffic to follow CSAH 31 to reach the downtown area. At the intersection of CSAH 31 and CSAH 50, a sign would need to be placed directing traffic to continue east on CSAH 50 to the downtown area. The City respectfully asks that the County review this request at their earliest convenience. If you have any questions or comments, please do not hesitate to contact me @ 651-463-1601. Sincerely, ~rn~ Lee M. Mann, P .E., Director of Public W orkslCity Engineer cc: file Farmington City Council David Pritzlaff, 20255 Akin Road L,-__.. ._.--_..--.-.-..,......_,~- '.---------." "" ,".- ....'- . .' ... ..---. ' . . .... '..' .-........- ..---...,..--.......-.. . -. . ....q." -~...........~.....-.._-_........,... - :..-- .-- ---_. . ...._. .'-0-- ..- . .... . ... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us (;6 TO: Mayor, Councilmembers, City Administrator W FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Ms. Joanne Payne - Akin Road Speed Survey, 19Sth Street DATE: April 16, 2001 INTRODUCTION At the April 2nd, 2001 City Council meeting, Ms. Joanne Payne questioned as to when the City would request MnDOT to perform a speed survey on Akin Road. She also inquired as to why curb and gutter is proposed to be installed on 19Sth Street if the County is going to come back later and remove what is constructed in order to build a future 4-lane roadway. DISCUSSION The City received confirmation of the County's execution of the Turnback Agreement for Akin Road in a letter from the Assistant Dakota County Attorney dated March 29, 2001 (see attached). Therefore the City can move forward and request that MnDOT conduct their studies regarding speed limits on Akin Road. The City Council is considering adoption of a resolution requesting the study from MnDOT under a separate agenda item at this meeting. Ms. Payne has been forwarded a copy of that agenda item. The improvements proposed for the 19Sth Street project are being designed to accommodate the future expansion of the roadway from a 2-lane to a 4-lane undivided roadway. Attached is Figure 2 from the feasibility report for 19Sth Street that shows the proposed improvements include the northerly two lanes of the future 4-lane roadway. The intent is that in the future, the County can come in and build the southerly two lanes adjacent to the northerly two lanes with a minimum of disturbance to the existing roadway. BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfully Submitted, ~!h~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Joanne Payne, 20192 Akin Road March 29, 2001 Telephone (651) 4-38-4-4-38 FAX: (651) 4-38.4-500 (Criminal Division) FAX: (65 1) 4-38-4-4-79 (Civil Division) FAX: (651) 4-38-4-4-99 (Juvenile/Admin Division) E-mail: allorney@co.dakota.mn.us Direct Dial: (65 I) 438-4445 Email: Mike.Ring@co.dakota.nm.us OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033-2392 Charles A. Diemer. Chief Deputy Karen A,Schaffer. First Assistant CITY ADMINISTRATOR CITY OF FARMINGTON CITY HALL 325 OAK ST FARMINGTON MN 55024 RE: Agreement for the Resolution of Project Funding for 195th Street and the Tumback of Akin Road in Farmington Our File No.: C-99-334 Sir or Madam: Enclosed please find a copy of the fully-executed Agreement referenced above. By copy of this letter, I am forwarding the original Agreement to Dakota County's Transportation Department for permanent recordkeeping. Michael R. Ring Assistant Dakota County Attorney MRR:smm Enclosure c: Jennifer Cukrowski, Contract Specialist, Transportation Department, w/original Agreement Brandt Richardson, County Administrator, w/copy of Agreement LET/C99-334Itr Criminal Division Phillip D. Prokopowicz, Head VictimlWitness Coordinator Patricia Ronken Juvenile and Protective Services Division Donald E, Bruce. Head Office Manager Norma J. Zabel Civil Division Jay R. Stassen. 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Z W wW W WW ~ 0 3:~ 3:~ 0 0 (f) " (/)<..') (/)<..') Z N (f) N :::)<( :::)<( w w " Z ~ N 0tI) 0tI) 0 Z X z z Z -(/) -(/) - w ~(/) ~(/) I- ~ =><( :::)<( U ~ ~-l ~---l W . W mu mu (f) Z W <..:> 0:::: 3: : : : : 0 0 Nill Nill ~ ~ N --.J <..? (f) 0 <( LL Z i' U - I I") - ~ ~ ~ 0... 0:::: L{) 0 0 >- ~ O"l ~ .q- I- ..-- 7a., COUNCIL MINUTES REGULAR April 2, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan Verch City Attorney Jamnik, Interim City Administrator Roland, City Management Team 4. APPROYEA GENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Arbor Day - Parks and Recreation MOTION by Cordes, second by Strachan proclaiming April 27, 2001 as Arbor Day and Mayas Arbor Month in the City of Farmington. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS a) Ms. JoAnne Payne - Public Safety Staff sent a response to the resident regarding safety issues on Akin Road. b) Akin Road Project Concerns Staff sent a response to residents' requests. Mr. Craig Stibbe, 20060 Akin Road, commented that there was a statement made at the last Council Meeting that the County did not make Pilot Knob a 4-lane road because there was not enough traffic. Mr. Stibbe was at the Pilot Knob meetings and he stated that Pilot Knob was intended to be 4 lanes. Another survey was done, and he understood there was a problem with the right of way being too close to some homes so it became 2 lanes. Also, the north end of Akin Road was built differently than planned. Mr. Stibbe also stated staff was going to contact him regarding a retaining wall in front of his house along the bike trail. It has been a month and no one has contacted him. Mr. Dave Prtizlaff, 20255 Akin Road, stated he put a letter in the Farmington Independent regarding Akin Road. The newspaper switched the heading from "Opinions on Akin Road/Freeway" to "City Should Consider Different Solutions". He felt this Council Minutes (Regular) April 2, 2001 Page 2 might have taken away the number of people who would have read the article. The newspaper also left out several words and statements. Mr. Pritzlaff wanted to correct those statements. Statements were regarding the culverts not having grates, reducing the amount of traffic on Akin Road by residents driving 40 mph, thereby forcing other traffic to use Pilot Knob. When he purchased his home he was told Pilot Knob would be 4 lanes. He feels improvements to Akin Road should not offset mistakes made on Pilot Knob. He would like signs placed on Pilot Knob directing traffic to Hwy 50 and then to Farmington. He asked Council to put this on the Council agenda, or schedule a neighborhood meeting. Mayor Ristow asked ifhe received a letter from City Engineer Mann addressing these issues. Mr. Pritzlaff stated he did not. Mr. Pritzlaff stated he talked to residents regarding the 195th Street project. According to Mr. Pritzlaff, residents were told two years ago this project would happen in 10-15 years, and are shocked it will happen this year. He stated there are other City streets in poor shape and feel the City should fix what they already have. He asked what the load limit is on Akin Road. There are dump trucks going by at 8 p.m. The residents pay for improvements, and should have a say in who uses the road. Mayor Ristow stated the response to this question is in the letter from staff. Mr. Pritzlaff stated developers and builders should put money into an account with the City for road repair. Cost of road repairs should be taken out of taxes instead of assessing residents. Mr. Pritzlaffthen gave an example of stop sign warrants. He stated in Park Rapids, the Main Street is six blocks long and wanted to stop the high school students from cruising up and down Main Street. Without any warrants, the Council put up stop signs on every comer and the cruising stopped. Businesses went to the Council stating they were losing money and the stop signs were removed without warrants. He then requested any City employees, fire, police, public works, etc. should use Pilot Knob if there is not an emergency. Mayor Ristow stated there is documentation from the public meetings regarding Pilot Knob. Staffwill provide these documents to Mr. Stibbe and Mr. Pritzlaff. Councilmember Strachan stated we have many of the same goals. Council does not disagree with Mr. Pritzlaff on placing signs on Pilot Knob, but it is up to the County. A stop sign will be placed on 19Sth Street when done, which will slow traffic on Akin and hopefully direct traffic to Pilot Knob. Regarding Park Rapids, it does show Council has the authority to put up stop signs without warrants, but it also shows it is a good reason not to do it that way. Because you are putting up stop signs and taking them down again for reasons other than traffic. As far as the police and fire using Akin Road, building the new public works and police station on Pilot Knob should alleviate that. Mayor Ristow stated the police also have to patrol the road and public works has to maintain the road, checking signs, etc. Council Minutes (Regular) April 2, 2001 Page 3 Mr. Pritzlaff stated the purpose of the example in Park Rapids was to show the Council stop signs do not have to meet warrants. Residents want stop signs in critical places along Akin Road, such as crossing to the bike path. Regarding the new public works building, that is fine when it is built, but a change is needed now. Mr. Craig Stibbe, noticed there have been survey crews out and assumed there were doing studies for stop signs at 190th and 193rd. He wanted to know when any action would be taken. Staff replied the survey was to gather information for the final design of the plans. The updated traffic analysis will be brought to Council with the final plans, possibly the first meeting in May. Mr. Stibbe stated if stop signs are put in at appropriate intersections, there will not be a need for bypass lanes. Ms. JoAnne Payne, 20192 Akin Road, indicated that she received a letter from Police Chief Siebenaler and has an issue with some statements in the letter. The letter stated staff discussions, research and preparation for the meetings take place in advance with recommendations forwarded in writing for Council considerations. She wanted to know what the Police Chiefs recommendations were for Akin Road. The letter also stated unless the Council or member of the public has a question regarding an issue, no further staff input should be necessary. She stated questions were raised. The letter stated if questions do arise, staff may be able to address them at the time, but it may be necessary to conduct additional research. She wanted to know if additional research was done by the Police Department regarding safety issues on Akin Road. She contacted MnDOT and they stated they have not received a request for a speed survey on Akin Road. This was discussed at the March 5, 2001 Council Meeting and she wanted to know when that would be requested. With the latest request to amend the 2020 Comprehensive Plan to add more development, she is very concerned. The school district is already experiencing a lot of growing pains. If the current growth continues, there will be referendums which means higher taxes. She asked Council to look at neighboring communities and the problems they are experiencing with failing referendums. She wants council to take control of Farmington's growth. She also noticed that concrete curb and gutter is to be installed on 195th Street and wanted to know when the County will take it over and turn it into a 4-lane road. She asked why curb and gutter is going to be installed if it is just going to be taken up when the 4-lane road is built. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (3/10/01) (Regular), (3/21/01) (Special), and (3/28/01) (Special) b) Approved Temporary 3.2 Beer License - Administration c) Approved Appointment Recommendation - Parks and Recreation d) Received Information Capital Outlay - Fire Department e) Received Information Capital Outlay - Parks and Recreation f) Approved Reassignment of Contract - Water Tower Project - Engineering g) Received Information School and Conference - Fire Department h) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) April 2, 2001 Page 4 8. PUBLIC HEARINGS a) Consider Ordinance - Lawrence Rother Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Lawrence Rother located east of the Prairie Waterway and south of what would be the extension of213th Street. The property owner has received numerous inquiries from developers interested in the property. Proposals have ranged from multi-family townhomes to smaller single family lot development to more typical single family development. If the property is annexed, the property owner or a developer would need to seek a Comprehensive Plan and Zone change since all property annexed to the City of Farmington is assigned to the A-I zoning district. On the west half of the property can currently be served with gravity flow sewer service. A possibility to serve the east half ofthe property would involve extending anew trunk line south from the existing interceptor approximately 3/4 mil to the north or installing a lift station. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. Staff stated annexation does not guarantee MUSA and the property owners are aware of this. Growth is controlled more through MUSA than annexation. It could take several years before the property is developed. There is certain criteria the Planning Commission and staff review as to what property is developed. Annexation does increase competition as more land is available for MUSA designation. The property comes into the City as Ag-l and the Planning Commission and Council change the zoning to residential. In Ag-l zoning the property is in a holding pattern. The property would not be developed in the township. When the annexation is approved, the owner can apply for a Comprehensive Plan zone change at any time. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. b) Consider Ordinance - Michael and Eileen Devney Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Michael and Eileen Devney located east of the Prairie Waterway and north of what would be the extension of213th Street. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development proposals have been presented to the City. The property would come into the City as Ag-l. Only the west half of the property can be served with gravity flow sewer service. Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor approximately 3/4 mile to the north or installing a lift station. Minnesota Statutes require the Township to receive a declining Council Minutes (Regular) April 2, 2001 Page 5 portion of the Township's portion of the property taxes generated over a five year period. Mr. Michael Devney, 5810 21ih Street, stated developers who have looked at their property have said all of the property could be serviced by gravity flow service except for the northeast comer. They want to annex their property because taxes are getting high in Empire Township. Mayor Ristow stated the City welcomes them, but wanted to make sure Mr. Devney understood there is no guarantee as to when the property could be developed. Mr. Rick Sayers, 21020 Cambodia Avenue, stated his property is next to the Devney property. He wanted to make sure condemnation or forced annexation laws will not affect him. Staff stated the City can only do forced annexation if the property is 100% surrounded, which Mr. Sayers property is not. City Attorney Jamnik stated there is never a requirement for the City to process an annexation ordinance. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. c) Consider Ordinance - Bernard Murphy Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Bernard Murphy located east of the Dave Finnegan property, south of the Seed/Genstar Orderly Annexation area and south of what would be the extension of 195th Street. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development proposals have been presented to the City, however, the adjacent properties are currently guided for Low Density Residential or have petitioned for a Comprehensive Plan Amendment to Low Density Residential. The property owner or developer would need to seek a Comprehensive Plan Amendment and Zone Change since all property annexed to the City is assigned to the A-I zoning district. The Murphy property is adjacent to the property to the east that contains a 48" Metropolitan Council Interceptor Sewer. It is anticipated that a trunk sewer line would be extended along the 195th Street corridor to serve other properties along this corridor including the Seed/Genstar Orderly Annexation area. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes. Mr. Jim Payne, 20192 Akin Road, asked what the difference is between R-l and R-2. Staff replied R-l, or low density, allows for 2-3 1/2 units per acre. Low- medium is 3-6 units per acre. R-3 is townhouse developments with 8-9 units per acre. Mrs. JoAnne Payne, 20192 Akin Road, stated she assumes sewer and water is going through on 195th Street? Where would water and sewer enter the property? Council Minutes (Regular) April 2, 2001 Page 6 Staff replied the Met Council has a sewer interceptor that runs along the railroad track. The property is not developable until the next phase of 19Sth Street is developed. Mr. Ed Gerten, resident of Empire Township, read a statement from the Empire Town Board regarding the annexations. The Township and City previously approved an orderly annexation agreement for approximately 1000 acres of land in sections 17, 18, and 19 of Empire Township. None of the land has been developed. There are over 2000 acres shown in the City's Comprehensive Plan as urban reserve. Farmington's future urban areas should be developed before additional land is annexed from Empire Township. The town board opposes the annexations. There is no need for additional land for future development in Farmington and there are no plans for the use of this land. One of the annexations will result in the annexation of portions of 21 oth Street which are not contiguous to the City. There have been no discussions between the City and Township regarding the jurisdictional status or joint maintenance of the road. In absence of any prior discussions about the annexations and in the absence of the land use planning it appears the City is considering the annexations because current State law allows it. The properties are larger than 60 acres, which if annexed will create property remnants and will result in additional annexations for the balance of the properties. The Town Board believes action to annex the properties is premature and inappropriate. The Town Board requests the City deny the annexations until the above issues are resolved. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. Councilmember Cordes wanted to make it clear the City of Farmington did not actively seek the annexation of these properties. The City was approached by the property owners. Councilmember Strachan stated one of his questions was where does Empire Township enter into this process? Mr. Gerten does make a good point. The City does not do unfriendly annexations. Council does not initiate annexations that are not jointly planned. There is some benefit to the City in terms of increasing the pool of competition for MUSA, but that is not more important than the opinion of Empire Township. If Empire Township does not want to do this now, Councilmember Strachan could not support the annexations. If Empire, the property owners, and the City can reach an agreement then that is fine. The issue of taxes was raised and the property owners need to take that up with Empire Township. Mr. Gerten stated they have not opposed annexation for residents adjacent to the City who need to annex for sewer or water. This is like land grabbing. A farmer is seeing an opportunity to develop their land. It mayor may not be good for the City. The City has in excess of 2000 acres without counting the Seed property. Mayor Ristow stated these properties are bordering the City which is in the agreement. Council Minutes (Regular) April 2, 2001 Page 7 Councilmember Soderberg was concerned with the Devney property regarding 210th Street. The street is in the process to be turned back to the township in a year. What kind of problems does that create for Cambodia121 Oth Street? Staff replied in situations with township property across the street from City property, if the area were to be developed the City would have to have some type of joint powers agreement. MOTION by Cordes, second by Soderberg to approve all or a portion of the Rother annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Councilmember Strachan stated in the future he would like to meet with Empire Township and work out issues so it does not appear the City is trying to get the land. Councilmember Soderberg stated it is a land rights issue. The property owner has come to the City, not the other way. It has been made clear to all land owners that development would not occur in the near future. Mayor Ristow stated he agreed. It was discussed in meetings with Empire Township that any area south of CR66, as long as it abuts the City, and they are not solicited, there would be no opposition to annexation. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. MOTION by Cordes, second by Ristow to approve all or a portion of the Devney annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. MOTION by Cordes, second by Soderberg to approval all or a portion of the Murphy annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. 9. AWARD OF CONTRACT a) 2001 Sealcoat Project - Engineering Five bids were received for the 2001 Sealcoat Project. Pearson Brothers, Inc. submitted the low bid in the amount of $46,418.20. The total estimated project cost is $64,846. Seal coating will start after June 22-24 and be completed before August 6-12. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs. The remainder of the costs would be funded through the Road and Bridge Fund. MOTION by Soderberg, second by Strachan adopting RESOLUTION R35-01 accepting the base bid of Pearson Brothers, Inc. in the amount of $46,41 8.20 and awarding the project, and directing staff to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. APIF, MOTION CARRIED. Council Minutes (Regular) April 2, 2001 Page 8 b) Curbside Clean-up for Residential Customers - Parks and Recreation In January, Council authorized advertising for Requests for Proposals for a Citywide Curbside Clean Up Day. Two RFP's were received. Dick's Sanitation is proposing providing the curbside cleanup, not alleys, over a period of several Saturdays beginning May 5,2001 and ending June 2, 2001. A customer's normal solid waste/recycling collection day will determine their curbside Clean Up Day. Councilmember Strachan suggested the Community Service Officer could patrol the City and encourage residents violating the ordinance to utilize clean-up day. Staff and Council have received numerous favorable comments on this program.. MOTION by Soderberg, second by Cordes awarding the 2001 Citywide Curbside Clean Up Day contract to Dick's Sanitation. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Flagstaff Avenue Study Options - Engineering At the March 19,2001 Council Meeting, Council requested that staff bring back options for reviewing the issues along Flagstaff A venue. Two options were presented to Council. Option 1 includes staff preparing an estimate for Council identifying the approximate costs to add material to the roadway and accomplish some ditch work. This would be similar to CR 64 where the County added 6-8 inches of crushed limestone, watered and rolled it. Staff cost to prepare this estimate would be approximately $1000 and could be forwarded to Council in May. Option 2 would identify costs associated with mitigation of the existing soils in a feasibility report. This would identify the costs for the removal of poor soils and the construction of the roadway to the grade necessary for future paving. The cost to prepare a feasibility report is estimated to be $45,000, with an additional $15,000 needed for soil borings. This report could be brought back to Council in the fall. A decision could be made to correct soils in some areas and not others, but that would include the possibility of future redoing of areas to bring the road to final design grade. Mayor Ristow stated the cost for any changes for future paving could be enormous. Rather than do nothing, option 1 would be the most reasonable. Council approved option 1 and directed staff to report back to Council in May. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Soderberg: On Saturday, the Parent Advisory Council sponsored a garage sale to raise funds for scholarships for seniors. The Jaycees will match funds Council Minutes (Regular) April 2, 2001 Page 9 raised. The sale generated $4,378.52. The event was well attended and the entire community participated. Mayor Ristow: Received a request from Eureka Township to set a Workshop to communicate on where they are and where the City is going and to meet new members. Staff will contact Council and Eureka to set a date. There will be a hearing Tuesday night at Castle Rock for an industrial park to be located 4 miles south of Farmington. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ;n-;~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /b TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Settlement Agreement - Utili Corp United Inc. - City Center Expansion DATE: April 16, 2001 INTRODUCTION The quiet title action for the properties included in the proposed City Center expansion project has resulted in the discovery of a 6" gas main that crosses the north end of the site. DISCUSSION During the quiet title action for the tax forfeited properties included in the City Center expansion project, it was determined that UtiliCorp United Inc. (Peoples Natural Gas) has an existing 6" natural gas main that crosses the NE comer of the site and goes under the Vermillion River. Utili Corp does not wish to give up any easement rights they may have within the property for the existing gas main. Mathew Brokl of Campbell Knutson has prepared the attached settlement agreement that would allow the quiet title action to be completed and also allows Utili Corp to maintain its present easement rights. The location of the gas line should not interfere with any proposed private or public improvements proposed with the City Center expansion. It is intended that this easement will be platted with the plat for the City Center expansion. The HRA Board considered this agreement at their April 9, 2001 meeting and voted unanimously to approve it. BUDGET IMPACT The resolution of this issue should have no budget impact on the project. ACTION REOUESTED Authorize execution of the attached Settlement Agreement with UtiliCorp United Inc. and the City of Farmington. David L. Olson Community Development Director SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ("Agreement") is made and entered into this day of March, 2001, by and among The City of Farmington, Minnesota and the Housing and Redevelopment Authority of the City of Farmington, Minnesota (collectively the "City") and UtiliCorp United Inc. ("Utili Corp"). WHEREAS, the City has filed an action to Quiet Title property in the First Judicial District in Dakota County, Minnesota, case number 19-C8-00-10272 (the "Lawsuit"). WHEREAS, the City and UtiliCorp (collectively the "Parties") agree that UtiliCorp may have an easement, equipment and other interests in the property defined in the Lawsuit. WHEREAS, the City does not want to prejudice any rights that Utili Corp may have within the property defined in the Lawsuit. WHEREAS, The Parties want to resolve their differences concerning the Lawsuit amicably and on the tenns and conditions set forth below, without admission of fault or liability. NOW, THEREFORE, in consideration of the mutual covenants and promises made in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which · is hereby mutually acknowledged, the Parties agree as follows: ..:~ 1. Utili Corp will consent to the Lawsuit and will not Answer or oppose the Lawsuit. 2." .. Once the City obtains rights to any or all of the property sought in the Lawsuit, it shall grant UtiliCorp one or more written easements as necessary for Utili Corp to continue the operation and maintenance of any equipment located within the property described in the Complaint (and in any amended complaints) filed in this Lawsuit. The granting of such easement or easements shall not defeat or in any way undennine property rights thatUtiliCorp's asserts in areas outside of the property described in the Complaint (and in any amended complaints) filed in this Lawsuit. 3. The City agrees that at no time will the City interfere with UtiliCorp's operation and maintenance of any equipment located within the property described in the Complaint (and in any amended complaints) filed in this Lawsuit. 4. The City shall not pave, regrade, place any structure or do anything that would interfere with UtiliCofp's ability to operate and maintain the equipment within the easement area without the written pennission from Utili Corp. 5. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota, excluding its choice of law rules. 6. The Parties acknowledge that this Agreement represents the sole and final expression of their undertakings in all respects. All prior agreements, negotiations and discussions are expressly integrated herein. The Agreement may not be amended or modified except by a written instrument specifically referring to this Agreement and signed by the Parties. KC-82972S-3 7. The Parties shall each bear their own costs, fees and expenses, including attorneys fees, incurred by each of them in the Lawsuit. 8. The Parties each acknowledge that they have been represented by counsel of their choice throughout all of these negotiations in connection with the preparation and execution of this Agreement. The Parties represent they each relied solely upon their own judgment and belief, and the advice and recommendations of their own counsel in entering into this Agreement. 9. No provision in this Agreement is to be interpreted for or against a Party to this Agreement because that Party or Parties' legal representative drafted such provision of this Agreement. 10. This Agreement may be executed in counterpart originals and each such counterpart shall be binding on the Parties to this Agreement as though one agreement had been signed by each of them. . 11. This Agreement shall be binding upon and inure to the benefit of the Parties' predecessors, successors, assigns, parents, subsidiaries, affiliate corporations, persons and entities. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date' set forth above. City of Farmington, Minnesota By: Title: Housing and Redevelopment Authority of the City of Farmington, Minnesota By: Title: UtiliCorp United Inc. By: Title: KC-829725-3 2 i1r JJ J p l -' , 1 ~. .::~- .; :, j - I ~ '- : iLg CJ .,/ " . I I I: _. ___..._J 1_,. , ..,C] .~. .. '" . !' . ... - .--" q o : ! , , , ::0""'- I. 'I Ii i o /"' (, ) .--.-- ( ') 'y Q ,-. u ( ) ...t......, ..~.' 0' -, -- '....-..-.. ".__. __.._J :r.<o.....,~....__....,.~ .,,...,..._.... \2_~" ~.,.,-.._~_~ ~ m r '0---""'" .. . s: CJ) -i ,"-0 tJ "~'-"3RD ST- "'c=J ,j TIr:i!.m 0...'1: I~.. "'I!; ; ~_...:__".._-. "L~~,-)} " ; 0 -0 ., :.-~ 0 0 " [J 0 .- _.-.~~~.' _....--.---.-_~. 11--'-,..__0.., -.'_.'--~,-.----- -.,...,......-.. -~._- ---'-'.' lj "CStJ o I' [: 1\'" r" i 1, i ~ I ~ --0,.., II' !! Lr-1 . i: .'. t 1 ,..---,....: j', l.rL-.-J I j. . - -. .C_.' ~.-ii o Ii [JJ - I r~ 1..--- c::J .[( o \.:.() 1(. I I o 7c City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: FROM: SUBJECT: Mayor, Council Members Robin Roland, Interim City Administrator Authorize Grant Application - Fire Department DATE: April 16, 2001 INTRODUCTION Grant funds are available through the Federal Emergency Management Agency and the United States Fire Administration to provide assistance to firefighters. DISCUSSION The Fire department has the opportunity to apply for grant funding through the Federal Emergency Management Agency (FEMA) in up to two out of the six eligible categories. These categories include training, wellness/fitness, vehicles, firefighting equipment, personal protective equipment and fire prevention programs. The Fire department would request grant funding in the vehicles and firefighting equipment categories. Neither of the items to be requested is in the current year budget. BUDGET IMPACT If awarded, the grant funds indicated would fund 90% of a requested vehicle or communications base station. The City would have to fund the remaining 10%. ACTION REQUIRED Authorize the Fire Department to apply for the 2001 Assistance to Firefighters Grant Program through FEMA. Respedf~~ ~~nd Interim City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ?d TO: Mayor, Council Members, City Administrator ~ Michael Schultz OtP Associate Planner FROM: SUBJECT: First Quarter 2001 Building Report DATE: April 16, 2001 INTRODUCTION The following is a report summarizing the new construction permits issued during the first quarter of 2001. DISCUSSION During the first quarter of the 2001 building construction season the City issued 61 new single-family detached housing permits and 50 new townhome units. Two new commercial permits were approved; no new institutional or industrial building permits were issued during the quarter. The number of single-family permits is down in comparison to the first quarter of 2000 when 65 new single-family permits were issued. The number of townhome units though has increased significantly over the same period last year. Thirty-two of those units were approved as part of the Farmington Family rental townhome development in the Tamarack Ridge development. The remaining eighteen townhome units were also approved in the Tamarack Ridge development. The average building valuation of the single-family homes for the first quarter was $147,644, up from $123,194 oflast year. The average building valuation of the townhomes for the first quarter was $94,519. 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N <'> ..... . .... N <'> .... .... N <'> .... ..... N <'> .... .... N <'> N ..... N <'> N 10 CD ..... co a> 0 .... a> a> a> a> a> 0 0 a> a> a> a> a> 0 0 .... ..... .... .... .... N N ro Q) >- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Ie TO: Mayor, Councilmemr:.s ~ City Administrator W Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Capital Outlay Purchase Outdoor Warning Siren DATE: April 16, 2001 INTRODUCTION The 2001 budget authOrizes the purchase of an outdoor warning siren in cooperation with Empire Township. DISCUSSION Staff has completed execution of a Joint Powers Agreement between the City of Farmington and Empire Township for the purchase and installation of an outdoor warning siren. A quote for the siren and installation has been obtained from Nelcom Corporation, formerly Nelson Communication, for a Federal Signal model DC 2001. This device is rated at 127 decibels and is powered by a battery system that allows for operation even in event of a power outage. The device is activated remotely via radio transmission. As noted previously, this device is an outdoor warning siren and is not intended to overcome interior noises such as television, radio, air conditioners, etc. However, at 127 decibels, it isthe loudest outdoor warning siren available today. BUDGET IMPACT A total of $20,000.00 was authorized in the 2001 budget for this purchase. The City has received payment from Empire Township for its portion of the siren. The total cost ofthe siren will be $12,971.60. Installation cost, including pole, wiring and testing, is $4,400.00. The total cost of siren and installation will be $17,391.00. There may be a small additional charge from the local electric utility for activation. ACTION REQUESTED Information only. Respectfully submitted, Daniel M. Siebenaler Chief of Police <geL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator r FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - 19Sth Street Project DATE: April 16, 2001 INTRODUCTION At the March 19, 2001 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for April 16, 2001, on the 19Sth Street Extension project. DISCUSSION The 19Sth Street project would extend 19Sth Street from Akin Road to a point approximately 2S00 feet east. The Autumn Glenn development and future development to the south of Autumn Glen will be served by the project; participation in the cost of 195th Street is a condition of the Autumn Glen Development. This proposed design of this roadway has been coordinated with Dakota County. This extension of 19Sth Street will become County Road 64 in the future when it is extended farther to the east to Trunk Highway 3. The road and storm sewer design allows for the future transition to a County road. Staff is in the process of coordinating with the adjacent property owners regarding easement acquisition and impacts to individual properties. Staff will update the Council on these issues at the next meeting. BUDGET IMPACT The following table outlines an estimate of the project costs involved with the proposed improvements. There are three benefiting property owners that will be participating in the cost of the improvements, the City, the developer of Autumn Glen and Tax Free Exchanges, Inc. (former Reisinger property). The other properties abutting the proposed roadway have been previously assessed for CSAH 31. Cost allocations are based on property front footage. Water main costs are allocated 100% to the City as the water main proposed is trunk water main. 1 The project process is following the requirements stipulated pursuant to MS. 429 in order to allocate costs to the property owned by Tax Free Exchanges Inc., however, their costs would be deferred until such time that the property develops. The developer of Autumn Glen has waived their rights to object to assessments through the development contract process. The Finance Director has reviewed the City's cost allocation and potential deferred assessments and has verified that the City has the funds to finance the project. Estimated Proiect Costs Item Project Cost Street Improvements $820,000 Trail Improvements $32,700 Wetland Mitigation $35,800 Water Main $158,500 Storm Sewer $210,200 Miscellaneous Costs $18,300 Total $1,275,500 Project Cost Allocations City Autumn Glen Tax Free Exchanges Inc. Street Improvements $475,600 $246,000 $98,400 Trail Improvements $19,000 $9,800 $3,900 Wetland Mitigation $20,800 $10,700 $4,300 Water Main $158,500 $0 $0 Storm Sewer $121,900 $63,100 $25,200 Miscellaneous costs $10.600 $5.500 $2.200 Totals $806,400 $335,100 $134,000 2 ACTION REQUESTED Adopt the attached resolution ordering the project, approving the plans and specifications and authorizing the advertisement for bids. Also attached for Council's information is a memo from ISD 192 supporting the project. Respectfully Submitted, t& 111 ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file 3 RESOLUTION NO. R -01 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 01-07, 19Sth Street Extension Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 16th day of April 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the Ci~ Council adopted the 19th day of March 2001, fixed a date for a Council hearing on the proposed 195 Street Improvements; and WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 16th day of April, 2001, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 16th day of April 2001. 3. Plans and specifications prepared by Darren Amundsen, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than three weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 2:00 p.m. on the 17th day of May, 2001 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April 2001. Mayor Attested to the day of , 2001. City Administrator SEAL Farmington Independent School District 192 BOARD OF EDUCATION JEROME WACKER Chair CARL GROSSE Vice-chair ROBERT HEMAN Clerk CAROL MALBURG Treasurer JOHN KAMPf Trualee JULIE MCKNIGHT Trualee MJMINISTRATION GREGORY OHL .perinlendenl oC Schools NICA KmOCK-SARGENT rligh School Principal STEVEN DlBB Ass!. High School Principal STEVEN GElS Middle School Principal JOSEPH LIBBY Ass!. Middle School Principal LOWELL MILLER Middle School Principal PETER BOELTER Ass!. Middle School Principal BEN JANUSCHKA Elemenlal')' Principal MARGARET MCKERNAN E1emenlal')' Principal JONATHAN REID Elemenlal')' Principal DANA MILLER Dakolll Prairie ALC Principal CARLA NOHR SCHULZ Special Services Director KAREN BERGMAN Dit. oC Curriculum & Insuuction PERRY THINESEN Community Education Director LISA RIDER Business Manager ,ALYN PAUTZKE .Jucational Technology Director MICHAEL BURINGA Activities Director DOUGLASL.BONAR Buildings & Grounds Director Excellence, Integrity, Innovation OFFICE OF THE SUPERINTENDENT 510 WALNUT STREET FARMINGTON, MINNESOTA 55024-1389 PHONE: (651) 463-5011 FAX: (651) 463-5010 e-mail: www.farmington.k12.mn.us March 26, 2001 Mr. David Olson Community Development Director City of Farmington 325 Oak St. Farmington, MN 55024 Re: Proposed Extension of 195th St. West Dear Mr. Olson: As you know, the Farmington School District assembled a Growth Planning Task Force approximately 18 months ago to study and make recommendations to the School Board on strategies to accommodate the projected growth in the school district. The task force issued its report in January 2000. One of the findings of the task force was that the lack of east-west arterial highways in the school district creates a transportation problem for the school district. The lack of east-west corridors increases both the cost and travel time required for bussing the students in our district. The task force recommended in its report that the school board endorse Dakota County's tentative plans for new east-west highways to serve the county and thus ease the district's transportation problem. Please consider this letter as support for the citv' s plans to extend 195th Street West as oroposed bv the city. Extension of 195th Street to Highway 3 would be beneficial to the school district. As our school district continues to grow, we show 195th Street as a major transportation route for our busses to access current and future school sites. It would provide another route for our busses to access the current and future schools from the bus terminal on Highway 3. This additional route will alleviate the need for the busses to drive through town and thus help relieve traffic congestion during this busy time of day. The shortened drive time will save the school district's busses both time and cost. . AN EOUAL OPPORTIlNITY EMPLOYER" 4" Page 2 - Mr. Olson - March 26, 2001 I would also like to take this opportunity to again thank you and your staff for your continued assistance to the school district in its planning and development. It is very much appreciated that we continue to partner and work together on so many projects. 7c!y:, 9-~ /Mr.~~hl Superintendent of Schools cc: Board of Education Mark Beltz, Consultant 'if I:; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, IIllJ Acting City Administrator~' David L. Olson, Community Development Director FROM: SUBJECT: Consider Easement Vacation - Vermillion Grove DATE: April 16, 200 I INTRODUCTION As part of the platting process for the approved Vermillion Grove subdivision, the City needs to vacate an access easement from 195th Street that provides access for the existing driveway to the City's property. DISCUSSION The easement in question was acquired as part of the purchase of the City's facilities site to allow access from 195th Street. The easement dimensions consists of 60 feet in width and 235 feet in length. The easement is no longer needed since the Vermillion Grove and the City's property will replat the roadway (English Avenue) as shown on the attached plan on each respective plat. Therefore, it is necessary to vacate the easement before the Vermillion Grove plat may be filed. ACTION REOUIRED Adopt the attached resolution vacating the described portion of the access easement in the Vermillion Grove development. Respectfully submitted, David L. Olson, Community Development Director cc: Michael Noonan, Rottlund Homes RESOLUTION NO. A RESOLUTION VACATING AN EASEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of April, 2001 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, the City of Farmington owns an easement for public roadway and utility purposes in the Vermillion Grove subdivision; and WHEREAS, the City of Farmington has received a request from the Developer to vacate the easement legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to vacate the access easement legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. ~ 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacation requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington:: 1. The access easement described and attached hereto as Exhibit "A" is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April, 2001. Mayor Attested to the _ day of April, 2001. Acting City Administrator EXHIBIT A East 60 feet of the North 235 feet of the West 852 feet of the NW V4 of SW V4 of Section 24, Township 114, Range 20, Dakota County, Minnesota. 1""\ ^ I<'A, ^ I"AI 'II.IT'/ L:>A ^ 1""\ C>I/" I. 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I i 2 t a ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7Je TO: Mayor and Council ~bers, City Administrator ~r It ,p Michael Schultz, Associate Planner j)/" FROM: SUBJECT: Appeal of Planning Commission Decision to Deny Conditional U se/Home Occupation Permit DATE: April 16, 2001 INTRODUCTION The applicant, Tim Thirion, 18005 Empire Trail, has filed an appeal of the Planning Commission's decision to deny the application for a Conditional Use/Home Occupation permit involving gunsmithing and sale and distribution of firearms, DISCUSSION The Planning Commission held a public hearing on March 13,2001 for the applicant to consider the proposed home occupation permit (see attached staff report). Public testimony was taken from citizens whose concerns centered around; a) increased traffic into the neighborhood; b) public safety with the presence of firearms within the neighborhood; c) decreased home values from the presence of such a home based business, After hearing public testimony and the applicant's additional comments the Planning Commission voted to deny the Conditional Use/Home Occupation based on the following Findings of Fact (also see attached formal Findings of Fact): 1. The Planning Commission cited the fact that the proposed home occupation was contrary to what is allowed under Title 10, Chapter 6, Section 11: Home Occupations dealing with the "distribution of goods" and dealing with the "general retail public" involving the sale and distribution of firearms. 2. The use of chemicals in the process of bluing and other gunsmithing techniques could be hazardous to the health, safety and welfare of the public, 3. The concerns voiced by the neighborhood regarding the detriment to the immediate health, safety, and welfare of the surrounding residents would be jeopardized by increased traffic into the neighborhood. The applicant filed an application of appeal on March 19, 2001, requesting the issue be addressed by the City Council. The applicant on March 27th submitted a letter revising his request of the home occupation, limiting the use to only gunsmithing and not involving the sale and distribution of firearms (see attached letter). The operation of gunsmithing will involve scope mounting, bluing, rebarreling, bore sighting, rechambering, fitting guns, attaching swivels and swings and also cleaning of firearms, Most of the work will be completed on a workbench in the basement of the home; some use of chemicals will be involved. ACTION REOUESTED The City Council has the following options: 1) Affirm the decision of the Planning Commission to deny the Conditional Use/Home Occupation Permit and indicate whether it agrees with the findings of the Planning Commission or wishes to modify these findings. (Note: Finding #1 is no longer applicable since the applicant has modified his request to eliminate the sale or distribution of firearms). 2) Overturn the Planning Commission's decision to deny the Conditional Use/Home Occupation Permit and indicate findings of fact to support this decision. This action will require a 4/5 vote of the City Council. Michael Schultz Associate Planner cc: Tim Thirion application file City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Michael Schultz Associate Planner SUBJECT: Conditional Use/Home Occupation Permit - Gunsmith and Sale of Firearms Applicant: Tim Thirion DATE: March 13,2001 INTRODUCTION The applicant, Tim Thirion, has made application for a Conditional Use Permit/Home Occupation involving the operation of gunsmithing and dealing firearms out of the home. Plannine: Division Review Applicant: Tim Thirion 18005 Empire Trail Farmington, MN 55024 Attachments: 1. 2. 3. Application Location Map NICS Fact Sheet Location of Property: Southwest comer of 180th Street and Empire Trail Legal Description of Property: Lot 18, Block 2 Dakota County Estates 1st Addition Surrounding Land Uses: Single-family to the north, east and south, Pilot Knob Road abuts the rear, single-family is across the road to the west. Existing Zoning: R-4 PUD Comprehensive Plan: LowlMedium Density Off-street Parking: Yes - two stalls in driveway DISCUSSION The applicant, Tim Thirion, is requesting Planning Commission approval for a Conditional Use/Home Occupation permit to allow him to gunsmith and deal firearms. The applicant has indicated that most of his work will involve gunsmithing of firearms for people in need of work, repair or additions. Gunsmithing The operation of gunsmithing will involve scope mounting, bluing, rebarreling, bore sighting, rechambering, fitting guns, attaching swivels and swings and also cleaning of firearms. Most of the work will be completed on a workbench in the basement of the home; some use of chemicals will be involved. Dealing of Firearms The applicant is also seeking permission for the sale of firearms. The applicant is required to apply for a FFL (Federal Firearms License) with the Bureau of Alcohol, Firearms and Tobacco; approval of the FFL is dependent upon local approval. The applicant will be required to do background checks using the FBI's NICS (National Instant Criminal Background) check system on customers for any sale of firearms; the mandatory waiting period for any sale is still five (5) days. Guns will not be displayed for sale, the sale of guns will only be sold through a mail order catalog Mr. Thirion expects only one (1) gun sale per week. Safety Measures The applicant has indicated that he will have all guns inside of the house secured within a gun safe(s), the home already has been installed with a home security system and a six-foot high wood fence exists along the rear yard of the home. No ammunition for the firearms will be stored on-site. Operation Mr. Thirion indicated that he would be available for gunsmithing from 9 a.m. to 2 p.m. and then available most weekends. The applicant stated that he would be the only one working on any firearms and has indicated that if the operation is successful that he would eventually move it to a store front and hire additional staff. 10-6-11: HOME OCCUPATIONS: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. As stated above, the applicant has indicated that he would be the sole person working on the operation (B) The home occupation shall be conducted wholly within the principal or accessory structures. The gunsmithing and any sale of firearms will be conducted wholly within the home or attached garage. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. The applicant indicated that no structural alterations have or will occur for the purpose of the home occupation. (D) Only one home occupation shall be permitted for each principal structure. (Ord. 086-177, 3-17-1986) No conditional use/home occupation permit exists for this property, (E) Exterior displays or signs other than a two-sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (Ord. 089-217, 7-6-1989) The applicant has indicated that he will likely not have any signage displayed for his business, (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 086-177, 3-17-1986) The applicant has proposed that there will be a distribution of goods with the sale of firearms through the process of a mail order catalog. The operation of gunsmithing would not directly involve the general retail public. ACTION REOUESTED Determine if the operation of gunsmithing and/or the sale of firearms are acceptable under the City's Home Occupation ordinance (Section 10-6-11) and recommend any necessary conditions as acceptable. Michael Schultz Associate Planner cc: Tim Thirion - . t1.l i z.~ I: ~ :-\ 1/ I: ~ I : : 1 l I-- : I-- 1 I f-- I I : I - CO I EMERALD TRL s.... I \ Q) \ I I \ \ I '\ \ : EMPIRE TRL : \\ I II I 011 r'\T Lt"....lnc on ,- ,- \~ ~ t c: Q) 0 0- Q) - == ~ l- e > .- ~ E CJ) a.. tIl tIl ...JU- I ..... '0'0 I- 0 ~~ Q) 0 :c- uu co ~ ::l CJ) I 0.1-- co ~s.... .- 0. \;;I. E .- roW OL!) 00 ..-JO co ~ - - CITY OF FARMINGTON CONDITIONAL USE PERMIT APPLICATION Farmington, MN 55024 651-463-7111 FAX 651-463-1611 For office use Pennit Number Applicant Name (please print) -r;;~ ~6f R ;/7/'/ Applicant Address /.Poo S- ~A1/1;.t2fi'-, 772,4// ~_::J"''''/ _..,~ ,J"yozt/ Street / City State Zip Code Phone _(6 $7) ~~ 0- /::z.:2-'7 Fax ( ) Legal Description of Subject Property: (lot, block, plat name, section, township, range) .4:.- f- /.r .a/cd:2 V~,rrl c;....,-"4 G .r/,..~J. / Current Land Use /<"ii'.s;c{~__I,~/ Current Zoning District /Yd-. Specific Nature of Request: ~.~ ~,'2~/;'f~~ -i, ~APe a. 40A 6 6-1f~~ b'T.N~J-I. O:=A.JrA, /-.(L ~~/ o&_~~ ,./, .cM-A-.v'If - Following Attached: (please check) Proof of Ownership _ BoundarylLot Survey -;7 Application fee _ 6 Copies of Site Plan .L AbstractlResident List *(required 350' from subject property) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature ~~~ ' Date L- -;/r",.a' Applicant's Signature Date For office use only Request Submitted to Planning staff on ;;; - ~ ? - 01 Public Hearing Set for: .~ -/3 - n/ Advertised in Local Newspaper: 3 - 1- al Planning Commission Action: _ Approved L Denied City Council Action (if necessary): _Approved _ Denied ::;:l-~::~J~:~.ii ::~~'1t:J&:d; ;~ f!.#J~' Conditions Set: / A.. ~"I-. Planning Coordinator: Date: 3- /7-lJ I CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Tim Thirion, 18005 Empire Trail for Conditional Use/Home Occupation Permit. On March 13,2001, the Farmington Planning Commission held a public hearing to consider the application of Tim Thirion who was seeking approval for a Conditional Use/Home Occupation Permit in order to conduct a business involving gunsmithing and the sale and distribution of fireanns at property located at 18005 Empire Trail. The Commission's consideration of the request followed public testimony given at the meeting. The Planning Commission voted to deny the requested Conditional Use/Home Occupation Permit on a 4-0 vote with one member absent. The Planning Commission considered the recommendation provided by staff and evidence and testimony submitted by area residents. The applicant was present and the Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The Planning Commission cited the fact that the proposed home occupation was contrary to what is allowed under Title 10, Chapter 6, Section 11: Home Occupations dealing with the "distribution of goods" and dealing with the "general retail public" involving the sale and distribution of fireanns. 2. The use of chemicals in the process of bluing and other gunsmithing techniques could be hazardous to the health, safety and welfare of the public. 3. The concerns voiced by the neighborhood regarding the detriment to the immediate health, safety, and welfare of the surrounding residents would be jeopardized by increased traffic into the neighborhood. A motion was made to adopt these Findings of Fact and to deny the application to allow a Conditional Use/Home Occupation Permit for the home based operation of gunsmithing and the sale and distribution of firearms. BY: . Person ATIEST: Planning Coordinator C:\PIanning FileslConditional Use ApfIIicationslTlIn Thirion Home Occ Permit\Findings of Fact.doc Planning Commission Minutes Regular Meeting March 13,2001 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Barker Members Absent: Privette Also Present: Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner 2. Chairman Rotty called the meeting to order at 7:00 P.M. 3. Planning Chair Rotty introduced the public hearing for a Conditional Use/Home Occupation permit for Tim Thirion who is proposing a gunsmith and sale of firearms operation, Associate Planner Schultz presented the staff report. Schultz explained that applicant is proposing to operate a gunsmithing business and to deal firearms out of his home. Schultz explained that the applicant would be concentrating on the gunsmithing portion of the business but is also proposing to do background checks for sale of firearms in mail order catalogs. Planner Schultz explained that the applicant would need permission from the Bureau of Alcohol, Tobacco and Firearms but is dependant on local approval. Also the applicant has taken safety precautions in having a home security system installed and will be ordering gun safes, no ammunition of firearms will be stored on-site. Schultz indicated that the activity, as noted within home occupations ordinance, would involve the distribution of goods with the sale of firearms. Chairman Rotty asked if the applicant would be required to file for a variance for the distribution of goods. Schultz stated that the City Attorney has recommended that a variance should be required and that the Commission could split the two proposed uses if necessary. Schultz added that the Commission could add contingencies to the variance at the time of the hearing. Chairman Rotty requested if the applicant had any additional comments to add to the staff report. The applicant stated that they concur with the staff report, Tim Thirion approached the Commission. The applicant stated that he would be willing to establish a delivery system with clients, minimizing traffic and the number of firearms within the home, The applicant stated that gunsmithing would be the primary business. The applicant added that delivery of the firearms would meet A TF requirements and then would be locked within a gun safe, Chairman Rotty requested any public questions or comments, Jamie Woodis, 18085 Empire Trail: Presented a petition against the proposed home occupation. The resident stated concern of traffic generated in the residential area for the 21 children in the neighborhood. The resident added that it was the opinion of a home realtor that the use could have an impact on home values if business signs are present. The use should be located within a business zone and not a residential neighborhood. Dennis Kline, 18050 Empire Trail: Expressed concerned over the generation of additional traffic in a neighborhood with no sidewalks. The resident added that it is required to disclose that information of the existence of firearms dealer in the neighborhood and could result in a reduction of value between $10 to $15,000, Added that ample retail space is available for this business, Joe Bellotti, 18030 Empire Trail: Asked the applicant if a plaque needs to be displayed on the house identifying that he is an FLL dealer. The applicant responded that it only needs to be displayed somewhere within the home, the license itself needs to be displayed by the workbench area. Angela Kline, 18050 Empire Trail: Stated that they talked with several real estate attorneys that the existence of that business needs to be disclosed and that she herself would not want to live in that neighborhood with a gunsmith and dealer present. Kimberlee Simonis, 18135 Empire Trail: Stated that she didn't receive notification of the public hearing. Chairman Rotty explained that State Statute requires 350 feet for notification. The resident stated that this proposal would effect more than (those people notified), especially the increase in traffic and the recent concern in the violence in schools. Karla Tripp, 18025 Empire Trail: Expressed concern over the existing amount of traffic and any additional traffic generated. Chairman Rotty asked if there were any more public testimony at this time, There were none. Rotty requested questions and comments from the Commission. Commissioner Larson asked the applicant if it is true that the anticipated sale would be one gun per week. Mr. Thirion responded that it would one to two customers per week, and that it is side business to his full time job and does not plan to advertise or inflate this into a large business; business would be spread word of mouth. The applicant added that he would attempt to keep traffic to a minimum and would advise customers to enter off 180th Street since he lives on a corner lot. Mr, Thirion added that he has adopted a policy not to sell firearms to anybody under the age of 18, Commissioner Larson asked if one gun per week is realistic. Mr. Thirion responded that he would have 6 or 7 customers to order but has a number of requests to repair guns. Commissioner Larson asked if he is presently conducting this business. Mr. Thirion replied no, Commissioner Johnson requested if the concern of the residents is this proposed business or any home occupation in general. The residents responded that it was this business. Dialog continued between the Commissioner and the residents to receive a better understanding of their concerns, Commissioner Johnson and the applicant discussed the licensing process with the A TF and the process of ordering firearms. Commissioner Johnson voiced concern over the firearms being brought in and out of the neighborhood when being ordered. Commissioner Barker asked the applicant the type of chemicals used when gunsmithing. Mr. Thirion responded that chemicals are used when blueing or parkerizing process, a spray-on coating is placed on the barrel and baked-on (with a home oven), The acid is minimized to a 50-50 mix and is used as a acid dip and cleaning solvent and then goes into a blueing tank which is heated over a propane heater at 500 degrees with the blueing solutions and salts to blue the barrels. Commissioner Barker asked the residents if they had concern over the gunsmithing or dealer of firearms aspect of the business or both, The residents essentially responded that it was both. Commissioner Johnson added that there is some irrelevance if it were the applicant or just a neighbor were to own (numerous) guns within a home with ammunition but did voice concern over the use of chemicals within the home, Commissioner Larson responded that the concern of the residents lies within the disclosure of the home occupation and effects of home value. Commissioner Johnson agreed. Chairman Rotty stated that there appears to be a great concern among the neighbors due to turnout for a home occupation permit and that it is one of "filters" used in gauging the impact on the neighborhood, Rotty added the request of the applicant does not entirely meet the requirements of the home occupation ordinance, specifically the distribution of goods, along with the public testimony, would recommend denial of the home occupation permit. The Commission agreed to the recommendation and the reasons stated adding the concern of the use of chemicals, MOTION by Barker, second by Johnson to close the public hearing. MOTION by Johnson, second by Barker to deny the application for a conditional use/home occupation permit, APIF, MOTION CARRIED. Associate Planner Schultz reminded the Commission, applicant and residents that there is a process of appeal, indicating the number of days in which it would need to be filed, 4. Chairman Rotty introduced for discussion concerning the 2005 MUSA Review Committee. Planning Coordinator Smick presented an update to the Commission of the 2005 MUSA Review Committee process. Planner Smick requested the availability to schedule a workshop, The Commission agreed to schedule a discussion/workshop at the special Planning Commission meeting on March 27th. 5. There being no further business the Commission agreed to adjourn at this time, Respectfully submitted, Michael Schultz Associate Planner Approved ~P/'I/ /0/ ZOO/ , ~ u: - o 0> .5 (ij CI) Cl o - . 't:l CI) III o c.. c.. o 'i! ~ ~ 'Q. E w In o o co ..... - C'll l/) <- (~ ~ --- .~ ~ - ~ ~ ~;.- -.... ~ f I 0 , .!l ~ ~ -.~...' ~ · g 2'.... -:._ ~ ~ ~ (~ I'<" tvl ~<B- Q /' (/' - - i,j ~ ;i~ ~ ~ ~ ~ ~ \.. '~~7> ~'- J '"~~ /? 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"7 ~~ ).1" ~ . ;. ~ -4 ~ 01 .~ L i\ .\ l ...J, '/~/ r r::. cj \- \'" ,(), ' ~_~ Q _ N M ~ ~ ~ ~ ~ ~ Q - N M ~ ~ _ N M ~ ~ ~ ~ ~ ~ _ _ _ _ _ _ - _ - - N N N N N N o - - ........, a () Q) , ~ - co Q --t> - I I I~ (Y) F== r e ,\1 ~ ~ ~ ~ - co -~ c .21 :5 ....0;;:;;:: UJ ~ - ~ .,j ;~ c ~ -c:T / - ~ J Q) "" c - 0 .., \6 -a ~ .~ Q) -: 'ii -f ~ l- I I - ~ <.n ~ 1 ~ J - - ~ ~ lo- III r t III e ~ ,..;;; '0 'Co '0 l- e:( ~ I~ .. w v ~ ~ 'f. .;;.... ~ -:E Q) ~ l~ E ~ co ~ Z ~ ~ ~ ~ t =1 _. N M ..:t &r- CD r-- co '" 0 - N CO') ..:t II) ... N M ",,1 11); CD ..... co '" ... , _I -, ..- ... - .... .... .... .... N N N N N N .~ I- Q) ... '5. E w \l) o o co .... - co lJ) E u: - o 0> c: (ij 0) o '0 .0) lJ) o Co Co o March 27,2001 City of Farmington 325 Oak Street Farmington, MN 55024 Attn: Michael Schultz, Associate Planner RE: Conditional Use Permit Application Applicant's Name: Tim Thirion Our File No. 6320-18833 Dear Mr. Schultz: I desire to amend the Application that I submitted to state that I do not desire to have any "distribution of goods" within the meaning of Section 1O-6-11(F). Specifically, I would propose not to offer the sale of firearms through the process of a mail-order catalog and desire solely to operate the gunsmithing portion of the business. Further, to alleviate any resident concerns, I would agree, as a condition to the issuance of the permit, that I would not post any signage on the exterior of my home indicating that I provide gunsmithing services. In light of these amendments, I believe that my Application fits squarely within the parameters of Section 10-6-11 (F). Thank you for your assistance in process the Application. Very truly yours, -~ ~~~ Tim Thirion CITY OF FARMINGTON ~ _ _ I CONDITIONAL USE PERMIT APPLICATION /1/~ Farmington, MN 55024 651-463-7111 FAX 651-463-1611 For office use Permit Number Applicant Name (please print) ~~' ;;- ~/t'~ ;.,..; Applicant Address /,j200S"'" 6A7~.I~ M A// Street i" City Phone_(bf7) t:/t" /~27 Fax_() Legal Description of Subject Property: (104 block, plat name, section, township, range) ~_,;;'.J-; /YlA.l JJo;J. t/ Stde Zip Code Current Land Use Current Zoning District ,pecitic Nature of Request: r:;;a ,/J/2~/f~ ".;.../ ~ ~d~ __ ~~ ~.J'./aI' 6~ f;ro/~.,..J ~"-A.-J.h. &'/L,;"'~ /9~ ..re///"...-.4!; h~ .AV2~J' -../ ../ Following Attached: (please check) _ Proof of Ownership _ BoundarylLot Survey L.. Application fee _ 6 Copies of Site Plan _ AbstractJResident List *(required 350' from subject property) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature - T~ Date -/;;>-~/ ~(W,.o~ ~^'~ \ '-J For office use only Request Submitted to Planning staff on 3 - / , - 0 / ~I Public Hearing Set for: 4 _ I ~ -" I Advertised in Local Newspaper: .., - s:- 0/ Applicant's Signature Date Planning Commission Action: _ Approved _ Denied City Council Action (if necessary): _Approved _ Denied Comments: Conditions Set: Planning Coordinator: Date: IOClJ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E" Director of Public Works/City Engineer SUBJECT: MnDOT Speed Study Request - Akin Road DATE: April 16,2001 INTRODUCTION The City has received requests to lower the speed limit on Akin Road. DISCUSSION The Minnesota Department of Transportation (MnDOT) is the governing body that has the authority to set speed limits. With the turnback of Akin Road from the County to the City finalized, the City now has the ability to request a speed limit study from MnDOT. Attached is a resolution requesting that MnDOT conduct traffic and engineering studies for the purpose of determining the appropriate speed zones for Akin Road. Mr, Ed Brown, one of MnDOT's staff responsible for speed studies, has indicated that a MnDOT representative would be willing to attend a neighborhood meeting with interested residents to discuss MnDOT's procedures in this regard and answer resident's questions, City staff will coordinate the neighborhood meeting, which will be held before MnDOT conducts the speed studies. BUDGET IMPACT None at this time, ACTION REOUESTED Adopt the attached resolution requesting that MnDOT conduct an engineering and traffic investigation for the purpose of determining appropriate speed zones for Akin Road, Respectfully Submitted, ~111~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Joanne Payne, 20192 Akin Road Resolution No. -01 REQUESTING MNDOT CONDUCT A TRAFFIC STUDY ON AKIN ROAD Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of April at 7:00 p,m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City of Farmington has received requests to have a traffic study conducted on Akin Road because of traffic speed and safety concerns on Akin Road. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington, Minnesota, requests MnDOT to conduct an engineering and traffic investigation for the purpose of determining appropriate speed zones for Akin Road from CSAH 50 to the intersection of 190th Street and CSAH 31 in Farmington, This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April, 2001. Mayor Attested to the day of April, 2001. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /06 FROM: Mayor and Council~m)ers City Administrator ~l' David L. Olson Community Development Director TO: SUBJECT: Consider Ordinance - Lawrence Rother Annexation Petition DATE: April 16, 2001 INTRODUCTION The City Council held a public hearing on April 2, 2001 to consider a petition to annex 60 acres of property owned by Lawrence Rother located east of the Prairie Waterway and south of what would be the extension of213th Street. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. A copy of the April 2, 2001 memo to the City Council is attached that provides more specific information on the request. The Council approved the annexation request at the April 2, 2001 meeting and instructed staff to prepare an ordinance for formal adoption at the next meeting. BUDGET IMPACT Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. ACTION REOUESTED Adopt the attached ordinance and forward it to the Minnesota Office of Strategic and Long Range Planning. David L. Olson Community Development Director cc: Lawrence Rother, 3305 200th Street ORDINANCE NO. 001-_ CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF FARMINGTON, ANNEXING CERTAIN PROPERTIES TO THE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Farmington City Code Section 1-11-2: CHANGES; OFFICIAL MAP, (A) Annexations is amended by adding paragraphs 34 to read as follows: 34. The property described below is hereby annexed to the City of Farmington pursuant to MSA section 414.033: The West 2200 feet of the South one-half (SI/2) of the Northeast Quarter (NEl/4) of Section 32, Township 114, Range 19, Dakota County, EXCEPTING therefrom the West 350 feet thereof. Containing 56.12 acres more or less. SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of 2001, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Gerald Ristow, Mayor Attest: Robin Roland Interim City Administrator SEAL Approved as to form the day of ,2001. City Attorney Published in the Farmington Independent the _ day of 2001. 65602 8~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrator W FROM: David L. Olson Community Development Director SUBJECT: Consider Ordinance - Lawrence Rother Annexation Petition DATE: April 2, 2001 INTRODUCTION The City has received a petition to annex 60 acres of property owned by Lawrence Rother located east of the Prairie Waterway and south of what would be the extension of213th Street. This is a public hearing to consider the petition. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. The property owner has received numerous inquiries from developers interested in developing the property for residential development. Preliminary development proposals for this property have ranged from multi-family townhomes to smaller single family lot development (similar to East Farmington) to more typical single family development. If this property were annexed, the property owner or a developer would need to seek a Comprehensive Plan Amendment and Zone Change since all property annexed to the City of Farmington is assigned to the A-I (Agricultural) Zoning District. The City has also reviewed the feasibility of serving this property with sewer and water service. As the attached comments from Mark Rolfs of Bonestroo indicate, only the west half. of the property can currently be served with gravity flow sewer service. Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor approximately % mile to the north or installing a lift station. BUDGET IMPACT The financial impact of this annexation to the City should be relatively minor. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. Thus, 90% of the current Township taxes for this property would be retained by the Township in year one after the annexation, 70% in year two, and so on until it reaching 10% in the fifth year after annexation. ACTION REQUESTED Upon closing the public hearing, if the Council wishes to approve all or a portion of this annexation petition, it should instruct the staff to prepare an ordinance to be considered for adoption at the next meeting. Respectfully submitted, ~ David L. Olson - Community Development Director cc: Lawrence Rother, 3305 200th Street UJ z~oo T ~ro ~ ro Q) "0 ~ c<( :J c o 0 >. co:= ~o.>.ro >.rorotX ~"O~Q)Q) ro c c "O:J- 0. C co~e<( :J al ~ a.. Q) o<(ro_~ alU)a..rou >. __ >..a <( ;t:::...J;t:::Ue O~O<(CO <<DD~ ~ t a) C- O L- a.. L- a) ..c +..I 0 a: ~ L- L- eu I , --I >. 1:: Q) 0. o .... a. ~ Q) ..r::. ..... o 0:: ~ ~ l- t/) ~ ~ c .--. .....o>.cn u := 1:: Q) Q)roQ)~ ..0.-. X 0. 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /O~ FROM: Mayor and Councilmembers City Administrator ~ David L. Olson Community Development Director TO: SUBJECT: Consider Ordinance - Michael and Eileen Devney Annexation Petition DATE: April 16, 2001 INTRODUCTION The City Council held a public hearing on April 2, 2001 to consider a petition to annex 60 acres of property owned by Michael and Eileen Devney located east of the Prairie Waterway and north of what would be the extension of213th Street. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. A copy of the April 2, 2001 memo to the City Council is attached that provides more specific information on the request. The Council approved the annexation request at the April 2, 2001 meeting and instructed staff to prepare an ordinance for formal adoption at the next meeting. BUDGET IMPACT Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five-year period. ACTION REOUESTED Adopt the attached ordinance and forward it to the Minnesota Office of Strategic and Long Range Planning. ReSpectfuIlYS~~ David L. Olson Community Development Director cc: Michael and Eileen Devney, 5810 212th Street West ORDINANCE NO. 001-_ CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF FARMINGTON, ANNEXING CERTAIN PROPERTIES TO THE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Farmington City Code Section 1-11-2: CHANGES; OFFICIAL MAP, (A) Annexations is amended by adding paragraphs 35 to read as follows: 35. The property described below is hereby annexed to the City of Farmington pursuant to MSA section 414.033: The West 2200 feet of the North One-half (Nl/2) of the Northeast Quarter (NEl/4) of Section 32, Township 114, Range 19, Dakota County, EXCEPTING therefrom the North 416 feet of the West 732.98 feet, AND ALSO EXCEPTING therefrom the West 150 feet of the South 590 feet thereof. Containing 57.71 acres more or less. SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of 2001, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor Attest: Robin Roland, Interim City Administrator SEAL Approved as to form the day of , 2001. City Attorney Published in the Farmington Independent the _ day of 2001. 65602 8b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor and Councilmembers City Administrator (tJ FROM: David L. Olson Community Development Director SUBJECT: Consider Ordinance - Michael and Eileen Devney Annexation Petition DATE: April 2, 2001 INTRODUCTION The City has received a petition to annex 60 acres of property owned by Michael and Eileen Devney located east of the Prairie Waterway and north of what would be the extension of2I3th Street. This is a public hearing to consider the petition. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development concepts or proposals for the property have been presented to the City. If this property were annexed, the property owner or a developer would need to seek a Comprehensive Plan Amendment and Zone Change since all property annexed to the City of Farmington is assigned to the A-I (Agricultural) Zoning District. The City has also reviewed the feasibility of serving this property with sewer and water service. As the attached comments from Mark Rolfs of Bonestroo indicate, only the west half of the property can be served with gravity flow sewer service. Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor approximately % mile to the north or installing a lift station. BUDGET IMP ACT The fmancial impact of this annexation to the City should be relatively minor. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. Thus 90% of the current Township taxes for this property would to be retained by the Township in year one after the annexation, 70% in year two, and do on until it reaching 10% in the fifth year after annexation. ACTION REQUESTED Upon closing the public hearing, if the Council wishes to approve all or a portion of this annexation petition, it should instruct the staff to prepare an ordinance to be considered for adoption at the next meeting. ~~ctfully SU~ David L. Olson Community Development Director cc: Michael Devney, 5810 212th Street West Q) co ..c l:- t) ~ -- 1';= '-L ~ N')\ ~ \ '\ \ q-Mgaagg ~~~ \~ ----\r J~ ~a~ q~gg~ {~~~0 1 I ~ :!lll ~a~Ug~I ::~~\ ~I~ 8I8~BA9~::11I1 ~ 1:=1. Eb::8 ~ bIti:l tIIfIJ f- I I I ~ - '''~ H=I~ - .= ~~g.g ~ EEEE ___ t ~ ~l 1- I ;:::: '2C.-"'i.k .IIIIHH-o IIII11111111 ~ (illllill ~ ~ 1 .-J -Cf<rll rrrrr:1 FflrTIl I Jl r= hr ~ L ::J=:;j r J- .11 III 1'+H~~[~~Hijmmm~6tE \.~m~ ~ = ~C= \\ mw~~m~8 ~~ b=r- ~~~~~~~~~DEOQ ~ ~ ~~ l~~ nnP1~~B~~~~bJ~Rllllo:m ~ t Q) c.. o s..... a.. ~ Q) C > Q) o >. ...... !.... Q) o c.. o !.... a.. >. Q) c > Q) o \ ~ z~~ T ~ro ~ ro <D "0 l.... c::<( ::J c:: o 0 >, CO:;:; l....Q.>,ro '>.. ro ro t x. [,.""0 ~ <D ro c::..::: <D c:: "0 ::J - C. c:: c::o~e<( ::J CO l.... Cl. <D 0_ ro _ l.... COCi5Cl.rou >, --.. >,.a <( ~....J~uo ()~()<(co <<DD~ c:: _ _0>.00 () :;:: 1:: Q) Q) C1J Q) l.... ..0'-, X Q. () Q) C1J :Jc::eo (J)c::Q..c.o <( -- ~ ~ ~ N . \..., Yh': '/:I led City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor and Councilmembers City Administrator W' David L. Olson Community Development Director TO: SUBJECT: Consider Ordinance - Bernard Murphy DATE: April 16, 2001 INTRODUCTION The City Council held a public hearing on April 2, 2001 to consider a petition to annex 60 acres of property owned by Bernard Murphy located south of the SeedlGenstar Orderly Annexation Area and adjacent and south of the future extension of 19S1h Street. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. A copy of the April 2, 2001 memo to the City Council is attached that provides more specific information on the request. The Council approved the annexation request at the April 2, 2001 meeting and instructed staff to prepare an ordinance for formal adoption at the next meeting. BUDGET IMPACT Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five-year period. ACTION REQUESTED Adopt the attached ordinance and forward it to the Minnesota Office of Strategic and Long Range Planning. Respectfully submitted, cc: Bernard Murphy, 6730 Lakeville Boulevard, Lakeville, MN ORDINANCE NO. 001- CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF FARMINGTON, ANNEXING CERTAIN PROPERTIES TO THE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Farmington City Code Section 1-11-2: CHANGES; OFFICIAL MAP, (A) Annexations is amended by adding paragraphs 36 to read as follows: 36. The property described below is hereby annexed to the City of Farmington pursuant to MSA section 414.033: The West 990 feet of the Southwest Quarter (SWl/4) of Section 19, Township 114, Range 19, Dakota County. SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this _ day of 2001, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor Attest: Robin Roland Interim City Administrator SEAL Approved as to form the day of ,2001. City Attorney Published in the Farmington Independent the _ day of 2001. 65602 &:. City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Consider Ordinance - Bernard Murphy Annexation Petition DATE: April 2, 2001 INTRODUCTION The City has received a petition to annex 60 acres of property owned by Bernard Murphy located east of the Dave Finnegan property, south of the Seed/Genstar Orderly Annexation Area and south of what would be the extension of 19Sth Street (County Road 64). This is a public hearing to consider the petition. DISCUSSION This property is being petitioned for annexation under Minnesota Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development concepts or proposals for the property have been presented to the City, however, the adjacent properties are currently guided for Low Density Residential or have petitioned for an Comprehensive Plan Amendment to Low Density Residential (the Finnegan property). If this property were annexed, the property owner or a developer would need to seek a Comprehensive Plan Amendment and Zone Change since all property annexed to the City of Farmington is assigned to the A-I (Agricultural) Zoning District. The Murphy property is adjacent to the property to the east that contains a 48" Metropolitan Council Interceptor Sewer. It is anticipated that a trunk sewer line would be extended along the 19Sth Street corridor to serve other properties along this corridor including the Seed/Genstar Orderly Annexation Area. BUDGET IMP ACT The financial impact of this annexation to the City should be relatively minor. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. Thus 90% of the current Township taxes for this property would be retained by the Township in year one after the annexation, 70% in year two, and so on until it reaching 10% in the fifth year after annexation. ACTION REOUESTED Upon closing the public hearing, if the Council wishes to approve all or a portion of this annexation petition, it should instruct the staff to prepare an ordinance to be considered for adoption at the next meeting. Respectfully submitted, ~~ DavId L. Olson Community Development Director cc: Bernard Murphy, 6730 Lakeville Boulevard, Lakeville, MN ~ t (]) c.. o L- a.. ~ ..c c.. L- ::J ~ "'C L- eu c L- (]) en \P4 \ -~ ~ \ l~ "t-"im c<( &r--/~:::~I ~ c:~~ ~ <> ~ ~ , r::::J tJS\ \ >- ro ro t ~ 2:r=j::. r::t J .~ Cii -g ~ ~ c \= t:t71 ~ ~ . ~ -g 5 ~ e ~ \ ~ :::K 1 H ::3 co ... a.. Q) r-- ~~; r.J.f.ll..Je6rEl~ ;: ~~~;l~ =i8' j- I ;<;: ::::>;<;: (.) 0 -.L i J.. B;:- () ~ () <( co L J ..l JJ U -1 J.. J.JJ..lJJII I \ ........ ~ nD~ ~J L- UL~L <.>' .r;;t:: e-~ :J 0 :EO: . ~." ~ ~ :- ~~ ~ 0 >-lJl -~ 1:5 :;:: 1:: ~ ~ mromu J~ --............ :.0' >< a. ro I&. p-- cil ~ h ~D -LI<~ ,. <( ~rili~_I~~~ A ~\M'::: ~ ~L::lD1~ $-~,,~ F /L ~~~~I"f~t~ B ~<$~\,j ~ ~[J1~~ %. - D 'I1;i' &=--31'- ~~f= ~; Gi _I! ~ _III.~~O ~ ~ .. I ~ [r- ~ I;t ---- I I I I '-- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us fOe TO: Mayor, Councilmembers, City Administrator t FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Middle Creek Development Contract DATE: April 16, 2001 INTRODUCTION The Development Contract for Middle Creek is forwarded herewith for Council's consideration. DISCUSSION The final plat for Middle Creek was approved by the Planning Commission on January 9, 2001 and by the City Council on February 5,2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney, Following are conditions of approval for the development contract: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Middle Creek Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division, Respectfully Submitted, ~m~ Lee M, Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R - 01 APPROVING DEVELOPMENT CONTRACT MIDDLE CREEK ESTATES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 16th day of April, 2001 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R67-00, the City Council approved the Preliminary Plat of Middle Creek Estates. WHEREAS, pursuant to Resolution No. R13-01, the City Council approved the Final Plat of Middle Creek Estates subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April, 2001. Gerald Ristow, Mayor Attested to this _ day of , 2001. SEAL Robin S. Roland, Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 16th day of April, 2001, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and D R Horton Minnesota, a Delaware corporation, and Arcon Development, Inc., a Minnesota Corporation (collectively referred to as DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for MIDDLE CREEK (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or registrar of titles within 75 days after City Council approval of the [mal plat. 3. Development Plans and Ril!ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City has indicated that the Developer may proceed. 1 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!lDeveloDment MaD. The Developer shall provide an 8 112" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c, future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public ImDrovements and CSAH 31 Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b, Water System (trunk and lateral) c, Storm Sewer d. Streets e, Concrete Curb and Gutter f Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m, Landscaping, Screening, Blvd, Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer, Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance, In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis, The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M,S. ~505,02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed, CSAH 31 Assessments The parent parcels of Middle Creek have been assessed for improvements to CSAH 31. The total levied assessment amount for the parcels is: Parcel Nos. 140250001131 140250001232 141650003000 140250001555 Total amount levied: $373,801.41 A portion of the levied assessment plus interest becomes due with the final platting of Middle Creek. The amount due with Middle Creek will be calculated proportionally based on the area of Middle Creek being developed in relation to the entire area 2 of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of Middle Creek. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public improvements by August 1, 2002, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the. extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action, 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution, The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing, It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above, All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security, Additional rough grading may be allowed upon obtaining written authorization from the City Engineer, If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer, The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder, If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs, No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements, 3 The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 2,061 based upon the number of acres in the plat. This fee shall be paid to the City upon execution of this Agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C, The landscaping shall be accomplished in accordance with a time schedule approved by the City. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications, All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A - F, Except as otherwise provided in Plans A -F, no earth moving, construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Except as otherwise provided in Plans A -F, development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of $ 194,128 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City, The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property, The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan, The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17 . Water Main Trunk Area Charl!e. The Developer shall pay a water area charge of $ 72,969 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$10,009 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Charge to be paid with this plat is $62,960. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 44,196 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. 4 The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property, The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer trunk area charge of$ 61,832 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum, The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 140,969 in satisfaction of the City's park dedication requirements for the plat. The Developer shall furnish the City with an irrevocable letter of credit acceptable to the City Administrator, from a bank (security) for the Park Dedication Fee of$ 140,969,00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. It is understood that the Developer will dedicate land and construct improvements in a future phase and that the above letter of credit may be reduced or released as part of a subsequent development contract. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into, 21. Sealcoatine. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 5,307 for initial sealcoating of streets in the subdivision, This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. This fee shall be paid to the City upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 2,722 based upon the number of lots within the subdivision. This fee shall be paid to the City upon execution of this Agreement, 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UD. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services, The City will have the right to clean the streets as outlined in current City policy, The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 1,566,497. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: 5 Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ N/A* $ 238,875 $ 290,125 $ 238,250 $ 528,500 Monuments S1. Lights/Signs Blvd. Trees Blvd, Sodding Wetland Mitigation $ 21,750 $ 22,500 $ 62,500 $ 13,750 $N/A Two Years Principal and Interest on Assessments $ 150,247 This breakdown is for historical reference; it is not a restriction on the use of the security, *The Grading/Erosion Control is secured by a separate letter of credit. 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C, The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees, In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D, The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 6 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties, Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release, F, The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees, that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations, The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named 7 insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City, K, Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount which will be impractical and extremely difficult to ascertain, It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any deviation from the above hours are subject to approval of the City Engineer, M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N, The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2, Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 32. Notices, Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Neil Hansen D. R, Horton 3459 Washington Drive, Suite 204 Eagan, MN. 55122 Larry Frank Arcon Development, Inc. 7625 Metro Blvd., Suite 350 Edina, MN 55439 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Robin Roland, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Robin Roland, Interim City Administrator DEVELOPER: D, R. Horton Minnesota By: Its: Areon Development, Inc. By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 STATE OF MINNESOTA) (ss, COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Robin Roland, Interim City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the ofD R Horton Minnesota, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Arcon Development, Inc" a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 EXHffiIT "A" LEGAL DESCRIPTION OF PROPERTY TO BE PLATTED: That part of the Northwest Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, lying south of the north 329.20 feet thereof, lying east of the centerline of County State Aid Highway No. 31, as delineated in DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 195, according the recorded plat thereof, said Dakota County and lying westerly of the following described line: Beginning at the intersection of the south line of said north 329.20 feet and the west line of the east 386.96 feet of said Northwest Quarter; thence South 00 degrees 23 minutes 23 seconds West, along said west line, a distance of 994.56 feet; thence South 64 degrees 06 minutes 37 seconds East, a distance of 107.42 feet to the west line of the east 290.00 feet of said Northwest Quarter; thence South 00 degrees 23 minutes 23 seconds West, along said west line, a distance of 705.93 feet, to a line that is perpendicular to the east line of said Northwest Quarter and whose easterly end is 2068.5 feet southerly of the northeast corner of said Northwest Quarter; thence South 89 degrees 36 minutes 37 seconds East, along said perpendicular line, a distance of 290.00 feet to said east line of the Northwest Quarter and there terminating. EXCEPTING therefrom, that part of the south 140 acres of said Northwest Quarter, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence South 00 degrees 23 minutes 23 seconds West, along said east line of the Northwest Quarter, a distance of 1518.5 feet; thence westerly at a deflection angle to the right of 86 degrees 15 minutes 00 seconds, a distance of 55.65 feet; thence northwesterly at a deflection angle to the right of 29 degrees 15 minutes 00 seconds, a distance of 478.10 feet; thence westerly at a deflection angle to the left of 24 degrees 15 minutes 00 seconds, a distance of 638.50 feet, to the actual point of beginning; thence southerly at a deflection angle to the left of 90 degrees 00 minutes 00 seconds, a distance of 315.00 feet; thence westerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 375.00 feet; thence northerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 465.00 feet; thence easterly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 375.00 feet; thence southerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 150.00 feet, to the point of beginning. Together with: The Northwest Quarter of the Southwest Quarter and the west 23.95 acres of the Northwest Quarter of the Southeast Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, Except the south 80.00 feet of the west 330.00 feet of said Northwest Quarter of the Southeast Quarter. Together with: That part of the Southwest Quarter of the Southeast Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southeast Quarter; thence South 00 degrees 01 minutes 16 seconds East, along the east line of said Southwest Quarter of the Southeast Quarter, a distance of 60.00 feet to the north line of the south 600.00 feet of the north 660.00 feet of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees 31 minutes 27 seconds West, along said north line of the south 600.00 feet of the north 660.00 feet, a distance of 40.00 feet to the west line of the east 40.00 feet of said Southwest Quarter of the Southeast Quarter; thence South 00 degrees 01 minutes 16 seconds East, along said west line of the east 40.00 feet, a distance of 545.57 feet; thence South 81 degrees 07 minutes 25 seconds West, a distance of 46.59 feet; thence South 51 degrees 35 minutes 38 seconds West, a distance of 38.79 feet; thence South 83 degrees 57 minutes 24 seconds West, a distance of 29.48 feet; thence North 61 degrees 56 minutes 08 seconds West, a distance of 29.01 feet; thence South 75 degrees 28 minutes 13 seconds West, a distance of 47.59 feet; thence South 19 degrees 59 minutes 21 seconds West, a distance of 39.93 feet; thence South 82 degrees 52 minutes 38 seconds West, a distance of 27.51 feet; thence North 41 degrees 49 minutes 47 seconds West, a distance of 43.50 feet; thence North 87 11 degrees 30 minutes 41 seconds West, a distance of 39.28 feet; thence North 63 degrees 26 minutes 33 seconds West, a distance of 110.64 feet; thence North 77 degrees 14 minutes 48 seconds West, a distance of 92.73 feet; thence South 69 degrees 27 minutes 01 seconds West, a distance of 58.31 feet; thence North 71 degrees 34 minutes 15 seconds West, a distance of 64.75 feet; thence South 83 degrees 39 minutes 43 seconds West, a distance of 30.90 feet; thence North 53 degrees 08 minutes 21 seconds West, a distance of 42.65 feet; thence North 67 degrees 19 minutes 34 seconds West, a distance of 123.90 feet; thence North 87 degrees 38 minutes 39 seconds West, a distance of 107.59 feet; thence South 71 degrees 19 minutes 06 seconds West, a distance of 70.85 feet; thence North 82 degrees 29 minutes 27 seconds West, a distance of 19.80 feet, to the east line of the west 330.00 feet of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 23 minutes 23 seconds East, along said east line, a distance of 512.90 feet to the north line of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees 31 minutes 28 seconds East, along said north line, a distance of 1001.78 feet to the point of beginning. Together with: OUTLOT C, CHARLESWOOD, according to the recorded plat thereof Dakota County, Minnesota. 12 lieu City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Akin Road Traffic Analysis - Update DATE: April 16, 2001 INTRODUCTION Forwarded herewith is the updated intersection traffic analysis from the City's traffic engineer for Akin Road (attached). DISCUSSION The updated analysis performed by the City's traffic engineer incorporates the estimated traffic volumes that will be generated by the various developments that are proposed or on-going in the Akin Road area. The results of the analysis do not change the current recommendations at 193rd Street, 195th Street, and 208th Street. As indicated in the attached memo, the future intersection that will be created with the access to Vermillion Grove will need to be evaluated when the connection is constructed, as there may be sight distance issues. The exact location of the access to Vermillion Grove is still being determined. BUDGET IMPACT None at this time. ACTION REQUESTED For information and discussion at the meeting. Shelly Johnson is scheduled to be in attendance at the meeting to answer questions the Council may have. Respectfully Submitted, ex:: m ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto Bonestroo, P.E. . Marvin L Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, P.E. . Richard E. Turner, P.E. . Susan M. Eberlin, CPA Associate Principals: Howard A Sanford, P.E. . Keith A. Gordon, P.E. . Robert R. Pfefferle, P.E. . Richard W. Foster, P.E. . David O. Loskota, P.E. . Robert C. Russek, AlA. Mark A. Hanson, P.E. . Michael T. Rautmann, P.E.. Ted K. Field, P.E.. Kenneth P. Anderson, P.E.. Mark R. Rolfs, P.E.. David A. Bonestroo, M.BA . Sidney P. Williamson, P.E., LS. . Agnes M. Ring, M.BA, . Allan Rick Schmidt, P.E. Offices: Sl. Paul, Rochester, Willmar and Sl. Cloud, MN . Milwaukee, WI Website: www.bonestroo.com J[Jj Engineers & Architects Memorandum TO: Lee Mann FROM: Shelly Johnson DATE: April 9, 2001 RE: Traffic Control Analysis - Akin Road at 208th St., Vermilion Grove, 19Sth St., 193rd St. Our File No. 141-00-137 Pursuant to your request, we have analyzed the traffic control needs at the above referenced four intersections along Akin Road, These intersections are evaluated utilizing volume projections that assume the developments named Autumn Glen, Vermillion Grove, and Murphy Farms are built out as proposed. The other review involves a check of intersection sight distance at these locations, In order that an intersection can be considered for all way stop control, the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) states the following minimum volumes must be present at the intersection: o The total vehicular volume entering the intersection from all approaches must average at least SOO vehicles per hour for any 8 hours of an average day, and o The combined vehicle and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but o When the 8Sth percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. Akin Road at 20Sth Street The present cross-street stop control that requires 208th Street to stop is the control recommended for continuation, The intersection should be monitored on an annual basis to determine if a control change is required. A detailed write-up of the Akin Road/208th traffic control was contained in the Akin Road Feasibility Report and can be referred to for those requesting further discussion. 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 Traffic Control Analysis - Page 2 Akin Road at 193rd Street The existing volumes at the intersection do not require a change in the existing traffic control, which has a stop sign on 193rd Street. Future volume projections have been prepared for this intersection based upon the build-out of the residential developments of Autumn Glen, Vermillion Grove, and Murphy Farm, These preliminary volume projections are shown on the following table: Akin Road Approach Intersection Approach Time Period Totals 193rd Approach Totals Totals (Estimated Volumes) (Estimated Volumes) (Estimated Volumes) 6:00-7:00 A.M 280 50 330 7:00-8:00 650 100 750 8:00-9:00 350 70 420 9:00-10:00 220 50 270 10:00-11 :00 210 40 250 11 :OO-Noon 250 40 290 Noon-1:00 P.M, 210 30 240 1 :00-2:00 230 40 270 2:00-3:00 440 50 490 3:00-4:00 420 60 480 4:00-5:00 600 60 660 5 :00-6:00 620 75 695 6:00-7:00 410 60 470 7:00-8:00 320 50 370 8:00-9:00 200 40 240 The volume minimum on 193rd Street, as required by the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), is 140 vehicles per hour for 8 hours. The minimum volume requirement is not met for even one hour. All way stop control is not recommended for this location, A review of the sight distance at this intersection indicates that the sight distance requirement of approximately 800 feet for vehicles on 193rd waiting to turn left onto Akin Road, is met. The cross- street stop control is not recommended for change. Akin Road and 19Sth Street Previous analyses of existing traffic volumes have indicated that the volumes at the intersection of Akin Road and 195th Street do not warrant the installation of all-way stop sign control. These analyses were based upon 24-hour counts conducted on Akin Road in the year 2000 and on peak period turning movement counts conducted at the intersection. It has been requested that an analysis ofthe 195th Street intersection be conducted with the extension of 195th Street to the east to serve the Autumn Glen development. Additionally, the Vermillion Grove and Murphy Farm developments, which are located west of Akin Road, are to be assumed as in place developments. Therefore, we have estimated the trips generated by the above referenced developments and assumed that 195th Street is extended east beyond Embers Avenue. The Akin Road/195th Street intersection would then be a four-legged intersection. 2335 West Highway 36 I1 St. Paul, MN 55113 I1 651-636-4600 I1 Fax: 651-636-1311 Traffic Control Analysis - Page 3 The analysis concludes the following: o All-way stop control minimum volume warrants will probably be met III the future as development continues to occur. o The provision of the new 195th east leg will require all way stop control due to sight distance restraints, The stopping sight distance from northbound and southbound Akin Road will be sufficient for stop signs on Akin Road. Recommendations are as follows: o The construction of the east leg of the intersection will require all way stop control that should be installed at the time of the roadway construction, o The volumes at the intersection should be counted at least on an annual basis to see when/if signal warrants are met. When volumes meet established warrants signal consideration will need to be given. o Accident data should be monitored on an annual basis to see if accident warrants are met, Using the year 2000 data as a base and adding the estimates of traffic generated by the three above referenced developments, and assuming those at buildout, volume estimates for the Akin Road/195th intersection have been prepared. The estimates are shown in the following tabulation: Akin Road Approach 195m Approach Time Period Totals Totals Intersection Approach (Estimated Volumes) (Estimated Volumes) Totals (Estimated Volumes) 6:00-7:00 A.M 330 90 420 7:00-8:00 755 160 915 8:00-9:00 370 120 490 9:00-10:00 285 90 375 10:00-11 :00 265 50 315 11 :OO-Noon 320 60 380 Noon-1:00 P.M, 375 50 435 1 :00-2:00 305 60 365 2:00-3:00 440 90 530 3:00-4:00 560 145 705 4:00-5:00 710 150 860 5:00-6:00 730 130 860 6:00-7:00 530 100 630 7:00-8:00 390 70 460 8:00-9:00 360 40 400 The volumes estimate between 9:00 PM and 6:00 AM are minimal and not estimated because of the low expectation on 195th Street. The volumes above indicate that all way stop warrants for the minor street of 195th, and using the 70 percent reduction factor, would be met for 3 hours with 3 other hours exceeding 100 vehicles on 195th, but not meeting the 140 vehicle minimum. Volume 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 Traffic Control Analysis - Page 4 levels on Akin Road meet the minimum requirement of 350 vehicles (70 percent of 500) during 14 hours of a day, With the development of the three residential projects referenced above, the volumes become much closer to warranting all way stop control at the Akin/195th intersection. The intersection is also the intersection of an arterial with a collector street. The sight distance at the intersection, from a stopped condition on the assumed new east leg (195th Street), will not be adequate to accommodate a west to south left turn with a vehicle approaching from the left and right, That sight distance requirement is about 800 feet. Other site distance needs ( crossing maneuver) will be sufficient. The curvature of the Akin Road south leg creates this sight distance constraint. We are assuming 50 mile per hour speeds on Akin Road. Akin Road and Future Vermillion Grove Access A future access to Akin Road from the Vermillion Grove development, will form a "Tee" intersection with Akin Road. The expected volumes on Vermillion Grove, as presented in the EA W for the Vermillion Grove development, is 580 daily vehicles (290 in; 290 out), The highest peak hour volume is 22 vehicles out (eastbound) and 40 vehicles in (westbound), The future volumes for a build-out of the Vermillion Grove residential development will not meet all way stop control warrants. The site distance to the north, for left turn traffic from Vermillion Grove, may be less than the desired 800 feet and needs to be evaluated when the connection is built. The volumes of Vermillion Grove are of local street values, so an all way stop is not recommended. If the sight distance is less than 800 feet, warning signs placed for southbound Akin Road would be recommended. Such signs could indicate caution, entering traffic from right. 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 ~---- ------------- --~ - City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: Robin Roland, Interim City Administrator SUBJECT: Supplemental Agenda DATE: April 16, 2001 It is requested that the April 16, 2001 agenda be amended as follows: NEW BUSINESS 12 (a) Consider Resolution - Sale of $1,655,000 General Obligation Utility Revenue Bonds Series 2001B - Finance The purpose of these bonds is to fund that portion of the Public Facilities project. related to the City's municipal water, sewer, storm water and solid waste utilities. 12 (b) Consider Resolution - Sale of $875,000 G.O. Permanent Improvement Revolving . Fund Bond Series 2001C - Finance . The purpose.ofthese bonds is to initially fund the Akin Road Improvement Project. 12 (c) Consider Resolution - Authorizing Execution of Documents Related to $5,830,000 Public Project Revenue Bonds Series2001A - Finance These bonds will be used to construct a Central Maintenance Facility and Police Station, which will be leased by the City of Fannington for use by the Public Works, Parks and Recreation, and Police departments. Respectfully submitted, ~#/ Robin Roland Interim City Administrator l2a.. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Interim City Administrator SUBJECT: Consider Resolution - Sale of $1,655,000 General Obligation Utility Revenue Bonds Series 2001B DATE: April 16, 2001 INTRODUCTION The City Council at their meeting on March 19, 2001 authorized the sale of General Obligation Utility Revenue Bonds to fund that portion of the Public Facilities project (Central Maintenance Facility) related to the City's municipal water, sewer, storm water and solid waste utilities. DISCUSSION These bonds were part of a negotiated sale done by Dain Rauscher today. Rusty Fifield of Ehlers and Associates will be present at the meeting to advise Council on the sale results. BUDGET IMPACT Cash flow analysis will be presented at the meeting. ACTION REQUIRED Adopt the attached resolution awarding the sale of the $1,655,000 General Obligation Utility Revenue Bonds, Series 2001 B, ~4/j Robin Roland Interim City Administrator CERTIFICATION OF MINUTES RELATING TO $1,655,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2001B Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on April 16, 2001, at 7:00 o'clock p.m., at the City Hall, Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,655,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2001B I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on April 16, 2001 Acting City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,655,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 200IB BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. The City Council hereby determines that it is in the best interest of the City to issue its $1,655,000 principal amount of General Obligation Utility Revenue Bonds, Series 200IB (the Bonds). Proceeds of the Bonds will be used to finance the construction of the portion of the Central Maintenance Facility and Law Enforcement Center (the Project) related to the City's municipal water, sewer, storm water and solid waste utilities (collectively, the Utilities). 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., as independent financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. Ehlers & Associates, Inc. has solicited on behalf of the City a bid for the purchase of the Bonds, and such solicitation by Ehlers & Associates, Inc. is hereby approved and ratified. The Board has received an offer from Dain Rauscher Incorporated, in Minneapolis, Minnesota (the Purchaser), to purchase the Bonds at a price of$ on the further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and the Acting City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale ofthe Bonds with the Purchaser. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be dated originally as of May 1,2001, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2003 $55,000 % 2013 $75,000 % 2004 55,000 2014 75,000 2005 60,000 2015 80,000 2006 60,000 2016 80,000 2007 65,000 2017 85,000 2008 65,000 2018 90,000 2009 70,000 2019 90,000 2010 70,000 2020 95,000 2011 75,000 2021 100,000 2012 75,000 2022 105,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each February 1 and August 1, commencing February 1,2002, each such date being referred to herein as an Interest Payment Date, to the person in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360 day year composed of twelve 30 day months. 2.04. Redemption. Bonds maturing in 2011 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order as the City shall determine and within a maturity by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2010, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published as required by law and, at least thirty days prior to the designated redemption date, shall cause notice of the call for redemption to be mailed, by first class mail, to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure; provided that notice shall be given to any securities depository in accordance with its operational arrangements. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds -2- or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. 2.05. Appointment ofInitial Registrar. The City hereby appoints National City Bank of Minneapolis in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and the Acting 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, such corporation shall be 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 the Registrar upon thirty day's notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any 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 shall 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 preceding each Interest Payment Date and until such Interest Payment Date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall 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. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for -3- the refusal, in good faith, 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 any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such 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 such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. G) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution. Authentication and Deliverv. The Bonds shall be prepared under the direction of the Acting City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the Acting City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for -4- all purposes, the same as ifhe or she had remained in office until delivery. Notwithstanding such execution, no Bond shall 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 such Bond has been duly executed by the manual 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 each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depositorv. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or -5- with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or Acting City Administrator is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be printed in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 2001B -6- Interest Rate Maturity Date Date of Original Issue CUSIP No. May 1,2001 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF FARMINGTON, COUNTY OF DAKOTA, STATE OF MINNESOTA (the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on February 1 and August 1 of each year, commencing February 1,2002 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid 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 calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. 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 National City Bank of Minneapolis in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated 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. This Bond is one of an issue (the Bonds) in the aggregate principal amount of$I,655,000 issued pursuant to a resolution adopted by the City Council on April 16, 2001 (the Resolution), to finance the construction of the portion of the Central Maintenance Facility and Law Enforcement Center related to the City's municipal water, sewer, storm water and solid waste utilities (the Utilities) and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475 and Section 444.075. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2011 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order as the City shall determine and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1,2010, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, -7- but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment ofthe redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. 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 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 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 transfer or exchange. The City and the 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, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, 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; that, in and by the Resolution, the City has covenanted and agreed it will impose and collect charges for the service, use and availability of the Utilities at the times and in the amounts required to produce net revenues which, together with any other funds appropriated by the City, will be not less than five percent in excess of the amounts necessary to pay the principal of and interest on the Bonds when due; that if necessary for payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that the -8- issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full, true and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date of original delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalfby the facsimile signatures ofthe Mayor and Acting City Administrator. CITY OF FARMINGTON, MINNESOTA Attest: (Facsimile Signature - Acting City Administrator) (Facsimile Signature -Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: NATIONAL CITY BANK OF MINNEAPOLIS, as Registrar By Authorized Representative [insert legal opinion] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ................... as Custodian for ................ (Cust) (Minor) under Uniform Transfers to Minors Act ...... (State) TEN ENT --as tenants by the entireties JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. -9- 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 enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. GENERAL OBLIGATION UTILITY REVENUE BONDS. SERIES 2001B CONSTRUCTION FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Utility Revenue Bonds, Series 2001B Construction Fund (the Construction Fund). The Construction Fund shall be maintained until all costs and expenses attributable to the Utilities in connection with the construction of the Project have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds, the sum of $ and from the Construction Fund there shall be paid all costs and expenses incurred by the City in construction of the Project attributable to the Utilities. After payment of all such costs, the Construction Fund shall be discontinued. Any Bond proceeds remaining on hand in the Construction Fund after payment of all such costs and expenses shall be transferred to the Debt Service Fund created pursuant to Section 4 hereof. SECTION 4. GENERAL OBLIGATION UTILITY REVENUE BONDS. SERIES 2001B DEBT SERVICE FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Utility Revenue Bonds, Series 2001 Debt Service Fund (the Debt Service Fund). The principal of and interest on the Bonds shall be payable from the Debt Service Fund and the Debt Service Fund shall be maintained until the City has paid, or made provision for the payment of, all of the principal of and interest on the Bonds. If the balance on hand in the Debt Service Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other -10- funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Debt Service Fund. The money on hand in the Debt Service Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Debt Service Fund shall be paid (a) the amounts specified in Section 3 above, (b) net revenues of the Utilities appropriated to the payment of the Bonds and interest thereon in accordance with Section 6 hereof, (c) any taxes collected pursuant to Section 7 hereof, and (d) any other funds appropriated by the Council for the payment of the Bonds. SECTION 5. SUFFICIENCY OF UTILITY REVENUES. It is hereby found, determined and declared that the City owns and operates the Utilities as revenue-producing utilities and conveniences and that the net operating revenues of the Utilities, after deducting from the gross receipts derived from charges for the service, use and availability of the Utilities the expenses of operation and maintenance thereof (excluding interest, amortization and depreciation), will be sufficient, with any other funds actually appropriated by the City, for the payment when due of the principal of and interest on the Bonds herein authorized, and on any other bonds or other obligations of the City to which such revenues are or may be pledged. The Bonds shall not be secured by a mortgage lien upon or security interest in any part of the Utilities. SECTION 6. RATE COVENANT. Pursuant to Minnesota Statutes, Section 444.075, the City hereby agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are paid in full, or are discharged as provided in Section 8, the City will impose and collect reasonable charges for the service, use and availability of the Utilities, according to schedules which will produce net revenues sufficient, with any other funds appropriated by the City, to pay all principal and interest when due on the Bonds and any other bonds or other obligations of the City to which said net revenues have been or may be pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of and interest on the Bonds and shall be credited to the Debt Service Fund as required. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the Utilities for payment of additional bonds or other obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the Utilities will be sufficient, with any other sources pledged to the payment of the Bonds, any other outstanding obligations payable in whole or in part from said net revenues and the additional obligations, for payment of the Bonds, any such other outstanding obligations and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation of net revenues herein made. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the City hereby irrevocably pledges its full faith, credit and unlimited taxing powers. However, the City presently estimates that the net revenues of the Utilities available to be appropriated to the Debt Service Fund, together with any other funds to be appropriated by the City to the Debt Service Fund, will be at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds and therefore no ad valorem taxes are required to be levied at this time. -11- SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any 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; or, 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 thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepay able Bonds called for redemption on any date when they are prepay able according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or earlier designated redemption date. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The Acting City Administrator is hereby authorized and directed to file a certified copy of this Resolution with the Public Service and Revenue Division of Dakota County, together with such additional information as the Division Director may require, and to obtain from the Division Director a certificate that the Bonds have been duly entered upon the Division Director's bond register. 9.02. Authentication of Transcript. The officers of the City and the Dakota County Public Service and Revenue Division are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Official Statement relating to the Bonds, dated April 5, 2001, and the supplement thereto, relating to the Bonds prepared and distributed by Ehlers & Associates, Inc., the financial advisor for the City, is hereby approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2- 12 adopted by the Securities and Exchange Commission (the SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute -12- such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 9.04. Authorization of Payment of Certain Costs ofIssuance of the Bonds. The District authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the District's financial advisor, Ehlers & Associates, Inc. SECTION 10. TAX COVENANTS: ARBITRAGE MA TIERS: REIMBURSEMENT AND CONTINUING DISCLOSURE. 10.01. General Tax Covenant. The City covenants and agrees with the registered owners 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 payable on the Bonds to become subject to taxation under the Code and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project (or other improvements to the Utilities authorized pursuant to Minnesota Statutes, Section 444.075). The Project financed by the Bonds shall at all times during the term of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use agreement, management agreement, capacity agreement or other agreement or contract with any nongovernmental person relating to the use of the Project, or any of them, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 10.02. Arbitrage Certification. The Mayor and Acting City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 10.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. -13- 10.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Project as defined in Section 1. 1 50-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 10.05 Oualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2001 does not exceed $10,000,000. 10.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule l5c2-l2 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. ' 240.15c2-l2), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. -14- (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Larger Taxpayers, Direct Debt, Overlapping Debt, Debt Rations, Tax Levies and Collections, Net Tax Capacity Rates, Population Trend and Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the. City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from -15- and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (0) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (1) the failure of the City to provide the Disclosure Information required under paragraph (b)( I) at the time specified thereunder; (2) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (3) the termination of the obligations of the City under this section pursuant to subsection (d); (4) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (5) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in -16- subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)( 5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment -17- or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the Resolution was declared duly passed and adopted. -18- DAKOTA COUNTY PUBLIC SERVICE AND REVENUE DIVISION DIRECTOR CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting Public Service and Revenue Division Director of Dakota County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on April 16, 2001, by the City Council of the City of Fannington, Minnesota, setting forth the form and details of an issue of$1,655,000 General Obligation Utility Revenue Bonds, Series 2001B, dated as of May 1,2001. I further certify that the issue has been entered on my bond register, as required by Minnesota Statutes, Sections 475.62 and 475.63. WITNESS my hand officially on this _ day of April, 2001. Public Service and Revenue Division Director (SEAL) t2b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Interim City Administrator SUBJECT: Consider Resolution - Sale of $875,000 G. O. Permanent Improvement Revolving Fund Bond Series 2001 C DATE: April 16, 2001 INTRODUCTION The City Council at their meeting on March 19, 2001 authorized the sale of General Obligation Permanent Improvement Revolving Fund Bonds to initially fund the Akin Road Improvement Project. DISCUSSION These bonds were part of a negotiated sale done by Dain Rauscher today. Rusty Fifield of Ehlers and Associates will be present at the meeting to advise Council on the sale results. BUDGET IMPACT Cash flow analysis will be presented at the meeting. ACTION REQUIRED Adopt the attached resolution awarding the sale of the $875,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001 C. /424/:) Robin Roland Interim City Administrator ~ CERTIFICATION OF MINUTES RELATING TO $875,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001C Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on April 16, 2001 at 7:00 o'clock p.m., at the City Hall, Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $875,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001 C I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on April 16, 2001. Acting City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $875,000 GENERAL OBLIGA TIONPERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001C BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. The City Council hereby determines that it is in the best interest of the City to issue its $875,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001C (the Bonds) of the City to finance from the Permanent Improvement Revolving Fund the costs of various public improvements in the City described in Exhibit I attached hereto (the Projects). 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., as independent financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. Ehlers & Associates, Inc. has solicited on behalf of the City a bid for the purchase of the Bonds, and such solicitation by Ehlers & Associates, Inc. is hereby approved and ratified. The Board has received an offer from Dain Rauscher Incorporated, in Minneapolis, Minnesota (the Purchaser), to purchase the Bonds at a price of$ on the further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and the Acting City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be dated originally as of May 1,2001, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2003 $75,000 % 2008 $90,000 % 2004 75,000 2009 90,000 2005 80,000 2010 95,000 2006 80,000 2011 100,000 2007 85,000 2012 105,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Pavment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each February 1 and August 1, commencing February 1,2002, each such date being referred to herein as an Interest Payment Date, to the person in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360 day year composed of twelve 30 day months. 2.04. Redemption. Bonds maturing in 2007 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order as the City shall determine and within a maturity by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2006, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published as required by law and, at least thirty days prior to the designated redemption date, shall cause notice of the call for redemption to be mailed, by first class mail, to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure; provided that notice shall be given to any securities depository in accordance with its operational arrangements. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. -2- 2.05. Appointment of Initial Registrar. The City hereby appoints National City Bank of Minneapolis in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and the Acting 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, such corporation shall be 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 the Registrar upon thirty day's notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any 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 shall 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 preceding each Interest Payment Date and until such Interest Payment Date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall 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. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. -3- (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such 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 such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution. Authentication and Delivery. The Bonds shall be prepared under the direction of the Acting City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the Acting City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. Notwithstanding such execution, no Bond shall 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 such Bond has -4- been duly executed by the manual 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 each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depositorv. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment ofthe principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such -5- Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or Acting City Administrator is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be printed in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGA nON PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2001C Rate Maturity Date of Original Issue CUSIP May 1,2001 REGISTERED OWNER: CEDE & CO. -6- PRINCIPAL AMOUNT: THE CITY OF FARMINGTON, COUNTY OF DAKOTA, STATE OF MINNESOTA (the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on February 1 and August 1 of each year, commencing February 1, 2002 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid 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 calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. 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 National City Bank of Minneapolis in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated 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. This Bond is one of an issue in the aggregate principal amount of $875,000 issued pursuant to a resolution adopted by the City Council on April 16, 2001 (the Resolution), to maintain the Permanent Improvement Revolving Fund of the City, a permanent fund established for the financing of local improvements for which special assessments may be levied against property specially benefitted thereby, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2007 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order as the City shall determine and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1,2006, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial -7- redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. 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 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 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 transfer or exchange. The City and the 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, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, 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; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments upon property specially benefitted by the local improvements financed by the Bonds, which special assessments will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated the special assessments to its Permanent Improvement Revolving Fund; that, on or before each date the City is obligated to pay principal of or interest on the Bonds, the City will appropriate from its Permanent Improvement Revolving Fund to a separate General Obligation Permanent Improvement Revolving Fund Bonds, Series 2000C Debt Service Account an amount sufficient for the payment of such principal and interest on such date; that if necessary for payment of principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of -8- its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full, true and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date of original delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalfby the facsimile signatures of the Mayor and Acting City Administrator. CITY OF FARMINGTON, MINNESOTA Attest: (Facsimile Signature - Acting City Administrator) (Facsimile Signature -Mayor) CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the Bonds delivered pursuant to the Resolution mentioned within. NATIONAL CITY BANK OF MINNEAPOLIS, as Registrar By Authorized Representative [insert legal opinion] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common UTMA ............. as Custodian for .................... (Cust) (Minor) under Uniform Transfers to Minors Act .... (State) TEN ENT -- as tenants by entireties JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. -9- 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 enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City exclusive of unused discount and accrued interest, shall be deposited in the Construction Account of the Permanent Improvement Revolving Fund of the City and used to pay costs of the Projects or such other improvements for which special assessments may be levied as the Council may designate. After payment of all such costs, any Bond proceeds remaining on hand in the Construction Account shall be transferred to the Debt Service Account of the Permanent Improvement Revolving Fund. SECTION 4. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS. SERIES 2001C DEBT SERVICE ACCOUNT. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service account within the Permanent Improvement Revolving Fund to be known as the General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001C Debt Service Account (the Debt Service Account), and the principal of and interest on the Bonds shall be payable from the Debt Service Account. An initial deposit shall be made to the Debt Service Account of any amount in excess of $863,600 received from the Purchaser. Thereafter, on or before any date the City is required to make a payment of principal of or interest on the Bonds, the Finance Director shall transfer the amount required to make such payment from the Permanent Improvement Revolving Fund to the Debt Service Account. -10- If the balance in the Permanent Improvement Revolving Fund available for transfer to the Debt Service Account is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Permanent Improvement Revolving Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the cost of the Projects, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of each of the improvements financed by the Bonds. The City estimates it will levy special assessments in the aggregate principal amount of $ . It is estimated that the principal and interest on such special assessments will be levied and collected in the years and amounts shown on Exhibit II attached hereto. In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by the City Council or by any of the officers or employees of the City, either in the making of such assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. Collections of special assessments shall be deposited into the Permanent Improvement Revolving Fund. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. It is, however, presently estimated that the special assessments appropriated to the Permanent Improvement Revolving Fund pursuant to Section 5 will provide sums not less than five percent in excess of principal and interest on the Bonds when due, and therefore no tax levy is presently required. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any 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; or, 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 thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and -11- maturing or callable at the holder's option on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or earlier designated redemption date. SECTION 8. CERTIFICATION OF PROCEEDINGS. 8.01. Registration of Bonds. The Acting City Administrator is hereby authorized and directed to file a certified copy of this Resolution with the Public Service and Revenue Division of Dakota County, together with such additional information as the Division Director may require, and to obtain from the Division Director a certificate that the Bonds have been duly entered upon the Division Director's bond register. 8.02. Authentication of Transcript. The officers of the City and the Dakota County Public Service and Revenue Division are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 8.03. Official Statement. The Official Statement relating to the Bonds, dated April 5, 2001, and the supplement thereto, relating to the Bonds prepared and distributed by Ehlers & Associates, Inc., the financial advisor for the City, is hereby approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2- 12 adopted by the Securities and Exchange Commission (the SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 8.04. Authorization of Pavment of Certain Costs of Issuance of the Bonds. The District authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the District's financial advisor, Ehlers & Associates, Inc. SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND CONTINUING DISCLOSURE. 9.01. General Tax Covenant. The City covenants and agrees with the registered owners 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 payable on the Bonds to become subject to taxation under the Code and applicable Treasury Regulations (the Regulations), and covenants to -12- take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. The Projects financed by the Bonds shall at all times during the term of the Bonds be owned and maintained by the City as part of its infrastructure and the City shall not enter into any lease, use agreement, management agreement, capacity agreement or other agreement or contract with any nongovernmental person relating to the use of the Projects, or any of them, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 9.02. Arbitrage Certification. The Mayor and Acting City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. .9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148( f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1. I 50-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Projects as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 9.05 Oualified Tax-Exeml't Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2001 does not exceed $10,000,000. -13- 9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. I 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000, the following financial information and operating data in respect of the City (the Disclosure Information): (1) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such -14- financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (2) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Larger Taxpayers, Direct Debt, Overlapping Debt, Debt Rations, Tax Levies and Collections, Net Tax Capacity Rates, Population Trend and Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)( 1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status ofthe security; -15- (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (3) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (4) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (5) the termination of the obligations of the City under this section pursuant to subsection (d); (6) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (7) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of -16- transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (Hi) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. -17- Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -18- DAKOTA COUNTY PUBLIC SERVICE AND REVENUE DIVISION DIRECTOR CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting Public Service and Revenue Division Director of Dakota County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on April 16, 2001, by the City Council of the City of Farmington, Minnesota, setting forth the form and details of an issue of $875,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001C, dated as of May 1, 2001. I further certify that the issue has been entered on my bond register, as required by Minnesota Statutes, Sections 475.62 and 475.63. WITNESS my hand officially on this _ day of April, 2001. Public Service and Revenue Division Director (SEAL) \:26 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Interim City Administrator SUBJECT: Consider Resolution - Authorizing Execution of Documents Related to $5,830,000 Public Project Revenue Bonds Series 2001A DATE: April 16, 2001 INTRODUCTION/DISCUSSION At a special meeting earlier this evening, the City of Farmington HRA sold $5,830,000 Public Project Revenue Bonds. The proceeds from these bonds will be used to construct a Central Maintenance Facility and Poli.ce Station, which will be leased by the City of Farmington for use by the Public Works, Parks and Recreation and Police departments. Under Minnesota statutory authority, the City proposes to enter into a lease agreement and a ground lease agreement with the HRA for these facilities. BUDGET IMPACT The lease agreement outlines the annual fiscal requirements of the lease and the amounts of annual appropriations required of the City ACTION REQUIRED Adopt the attached resolution authorizing the execution of aground lease and a lease agreement providing for the construction of a Central Maintenance Facility and Police Station to be leased from the HRA by the City. /&~ Robin Roland Interim City Administrator CERTIFICATION OF MINUTES RELATING TO PUBLIC PROJECT REVENUE BONDS, SERIES 2001A (ANNUAL APPROPRIATION LEASE OBLIGATIONS) CITY OF FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY Municipality: City of Farmington Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on April 16, 2001, at 7:00 o'clock p.m., at the City Hall, Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting, including: RESOLUTION AUTHORIZING THE EXECUTION OF A GROUND LEASE AND A LEASE AGREEMENT PROVIDING FOR THE CONSTRUCTION OF A CENTRAL MAINTENANCE AND PUBLIC SAFETY FACILITY AND THE LEASE THEREOF BY THE CITY, AND APPROVING THE FORM OF A RESOLUTION AND AN OFFICIAL STATEMENT I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the bonds; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording on April 16, 2001. Acting City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING THE EXECUTION OF A GROUND LEASE AND A LEASE AGREEMENT PROVIDING FOR THE CONSTRUCTION OF A CENTRAL MAINTENANCE AND PUBLIC SAFETY FACILITY AND THE LEASE THEREOF BY THE CITY, AND APPROVING THE FORM OF A RESOLUTION AND AN OFFICIAL STATEMENT WHEREAS, the City of Farmington (the "City") desires to provide adequate facilities for maintenance and public safety; and, WHEREAS, pursuant to Minnesota Statutes, Sections 465.71 and 471.64, the City is authorized to enter into leases of real property, with an option to purchase, provided that the City retains the right to cancel said lease-purchase contract at the end of any fiscal year during its term; and, WHEREAS, pursuant to said statutory authority, the City proposes to enter into a Lease Agreement, dated as of May 1,2001 (the "Lease"), with the City of Farmington Housing and Redevelopment Authority (the "Authority"), as lessor, and the City, as lessee, pursuant to which the Authority will acquire, construct and furnish a Central Maintenance and Public Safety Facility (the "Central Maintenance and Public Safety Facility"), and the City will lease the Central Maintenance and Public Safety Facility from the Authority; and, WHEREAS, the Authority will issue its $5,830,000 Public Project Revenue Bonds, Series 2001A (Annual Appropriation Lease Obligations), to finance the cost of acquiring, constructing and furnishing the Central Maintenance and Public Safety Facility pursuant to a resolution adopted by the Board of Commissioners of the Authority on April 16, 2001 (the "Bond Resolution"); WHEREAS, a form of the Lease and the Bond Resolution have been submitted to and reviewed by this Council, along with the form of a proposed Ground Lease, to be dated as of May 1,2001 (the "Ground Lease"), between the City, as lessor, and the Authority, as lessee, pursuant to which the City will ground lease to the Authority the real estate upon which the Central Maintenance and Public Safety Facility will be constructed (as permitted by Minnesota Statutes, Section 465.035). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the City hereby approves the form of the Lease and Ground Lease and the Mayor and Acting City Administrator are authorized and directed to execute, attest and deliver the Lease and Ground Lease on behalf of the City. All of the provisions of the Lease and Ground Lease, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Lease and Ground Lease shall be substantially in the form submitted to this Council with such necessary and appropriate variations, omissions and insertions as permitted or required, or as the Mayor, in his discretion, shall determine, and the execution thereof by the Mayor shall be conclusive evidence of such determination. BE IT FURTHER RESOLVED that the City Council hereby approves the form of the Official Statement, relating to the Bonds (the "Official Statement"), a draft of which has been submitted to and received by this Council, and hereby ratifies and confirms its use and distribution to potential purchasers of the Bonds. BE IT FURTHER RESOLVED that the City hereby approves the terms of the Bond Resolution and the sale of the Bonds pursuant thereto, and approves the terms of the Bonds as set forth in said Bond Resolution and the Indenture (as defined in the Bond Resolution). BE IT FURTHER RESOLVED AS FOLLOWS: Continuing Disclosure: (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. ~ 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through -2- nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Larger Taxpayers, Direct Debt, Overlapping Debt, Debt Rations, Tax Levies and Collections, Net Tax Capacity Rates, Population Trend and EmploymentlUnemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure -3- Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)( 1) at the time specified thereunder; -4- (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements ofthe Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as -5- provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)( 5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. BE IT FINALLY RESOLVED that this resolution shall be in full force and effect from and after its passage and that a certified copy hereof be provided to the Authority. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -6-