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Home My WebLink About03.01.04 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING March 1, 2004 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Public Works Introduced J. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/17/04 Regular) b) Approve Change Order - Main Street Sewer Meter Project - Engineering c) Approve Change Order - Main Street Project - Engineering d) Approve Names for City Parks - Parks and Recreation e) Accept Donation Castle Rock and Empire Townships - Parks and Recreation f) Approve Spruce Street Design Standards Ordinance Summary - Community Development g) School and Conference Public Works - Engineering h) Approve Bills Approved Approved Approved Approved R17-04 Approved Information Received Approved 8. PUBLIC HEARINGS a) Adopt Resolution - 2004 Seal Coat Project - Engineering b) Adopt Resolution - Vacation of Drainage and Utility Easement East Farmington 8th Addition- Community Development R18-04 R19-04 9. AWARDOFCONTRACT a) Fire Department Tanker Recommendation - Fire Department R20-04 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Preliminary December 2003 Financial Report - Finance b) Adopt Ordinance - Amending Fee Ordinance - Parks and Recreation Information Received Ord 004-507 11. UNFINISHED BUSINESS a) Adopt Resolution - Sale of Refunding Bond- Finance (Supplemental) b) Adopt Resolution - Sale of Certificates of Indebtedness - Finance (Supplemental) 12. NEW BUSINESS a) Adopt Ordinance - Amending Sign Ordinance - Community Development b) NPDES Phase IT Annual Report - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN R21-04 R22-04 Ord 004-508 Information Received City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING March 1,2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Introduce New Employee - Public Works I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/17/04 Regular) b) Approve Change Order - Main Street Sewer Meter Project - Engineering c) Approve Change Order- Main Street Project - Engineering d) Approve Names for City Parks - Parks and Recreation e) Accept Donation Castle Rock and Empire Townships - Parks and Recreation t) Approve Spruce Street Design Standards Ordinance Summary - Community Development g) School and Conference Public Works - Engineering h) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 2004 Seal Coat Project - Engineering b) Adopt Resolution - Vacation of Drainage and Utility Easement East Farmington 8th Addition- Community Development 9. AWARD OF CONTRACT a) Fire Department Tanker Recommendation - Fire Department 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Preliminary December 2003 Financial Report - Finance b) Adopt Ordinance - Amending Fee Ordinance - Parks and Recreation Action Taken Pages 1-12 Pages 13-15 Pages 16--19 Pa~e 20 Pages 21-22 Pages 23-24 Page 25 Page 26 Pages 27-32 Pages 33-36 Pages 37-40 Pages 41-44 Pages 45-49 11. UNFINISHED BUSINESS a) Adopt Resolution - Sale of Refunding Bond- Finance (Supplemental) b) Adopt Resolution - Sale of Certificates of Indebtedness - Finance (Supplemental) 12. NEW BUSINESS a) Adopt Ordinance - Amending Sign Ordinance - Community Development b) NPDES Phase IT Annual Report - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN 7a, COUNCIL MINUTES REGULAR February 17, 2004 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: Audience: Ristow, Cordes, Fitch, Fogarty Soderberg Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant Dwayne Maier, Jeff Olinghouse, Randy Oswald, Cheryl Retterath, Scott Retterath, Douglas Bonar, David Thorn, Nancy Anderson, Corey Wood, Laura Willenbring, Dawn Johnson, Kim & Bob Kamen, Betty & Mark Goldberg, Robin Hanson, Kate Peterson, Jody Arman-Jones, Mike Eckert, Steve Strachan, Renee Meyers, Terri Meyers, Michael Pierce, Brad Todd, Jim Dunn, Paul Sand 4. APPROVE AGENDA Item 12c) Title Matters Duo Plastics Inc. was added to the agenda. MOTION by Cordes, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Representative Steve Strachan spoke about the Met Council grant. The Met Council gave out $6.2 million total in Livable Communities Demonstration Grants for the entire metro area. Farmington received $995,000 for the Spruce Street bridge and connection. We have less than 1 % of the metro area in population. At the hearing where this was awarded, one of the Met Council commissioners from the north metro said they were not sure if Farmington was in the metro area. This is the largest grant we have gotten from the Met Council. Farmington's new commissioner, Brian McDaniel fought very hard to get the grant for us, Representative Strachan also mentioned the very hard work of Community Development Director Kevin Carroll who was instrumental in getting the grant, and also then Interim City Administrator Dan Siebenaler who kept things moving. Council Minutes (Regular) February 2, 2004 Page 2 The Council did a very good job of planning ahead and this is one of the outcomes. People do notice good planning. 7. CONSENT AGENDA MOTION by Fitch, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (2/2/04 Regular) b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation c) Approved Appointment Recommendation Heritage Preservation Commission - Administration d) Approved On-Sale Liquor License Transfer - Administration e) Received Information Capital Outlay Parks - Parks and Recreation f) Received Information Capital Outlay Arena - Parks and Recreation g) Approved School and Conference Recreation - Parks and Recreation h) Approved School and Conference Parks - Parks and Recreation i) Received Information School and Conference - Police Department j) Approved School and Conference - Community Development k) Adopted RESOLUTION R13-04 - Ash Street Project - Finance I) Adopted RESOLUTION R14-04 - Capitalization Policy GASB34 - Finance m) Approved Bills n) Adopted RESOLUTION R15-04 - Approved Bid for Solid Waste Truck - Parks and Recreation (Supplemental) APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Liquor License Suspension B&B Pizza - Police b) Liquor License Suspension Kwik Trip - Police On December 29, 2003 as part of a routine compliance check, a 19-year old under the direction of a police officer entered B&B Pizza and asked for a beer, The clerk asked for identification, looked at it and sold the buyer a beer, The police officer observed this through the window and approached the clerk, informing her she had just sold beer to an underage person. At Kwik Trip, the officer observed as the underage buyer took beer from the cooler, walked up to the checkout counter, the clerk looked at the identification and sold him the beer. Again the officer approached the clerk and said they had just sold beer to an underage person, It is the city's responsibility to ensure the liquor license holders comply with the laws of the state, Compliance checks are part of the city's obligation. In each of these situations this is the second violation of a compliance check. On the first violation they were given civil penalties of $400 each. In this instance, staff recommended a two-day license suspension for March 2 and 3, 2004. Staff did some research on the range of possibilities. In some cases violators are given a larger penalty and in some cases a combination of penalty and suspension, Some suspensions go up to three days. Staff felt a two-day suspension was reasonable Council Minutes (Regular) February 2, 2004 Page 3 and would stand up to any challenge. Councilmember Fogarty asked do licenses for people under 21 currently say under 21 at the top of the license? Police Chief Siebenaler replied they do, and they are a different color. Councilmember Fogarty stated then this could not have been a math mistake. Police Chief Siebenaler said it actually says under 21 across the top and then gives the date the license holder will turn 21. Councilmember Fitch asked how long ago it was they had the first violation, Police Chief Siebenaler thought K wik Trip's violation was in 2001, and thought B&B's violation was last year. Mayor Ristow stated certain businesses are not being targeted, all businesses have compliance checks. Police Chief Siebenaler stated every licensed liquor establishment in the city has a compliance check done on the same date and they are consecutive. Compliance checks are done at least once a year. Mr. Mark Goldberg, 1855 Summit Lane, owner ofB&B Pizza, stated they are sorry this happened and have taken steps to make sure this does not happen again. They have sent their servers to tips class, they have met with the servers explaining the differences in the licenses, they have a calendar on the wall saying ifborn before this date do not serve alcohol. They are also teaching them how to read the I.D.'s. Mr. Duane Maier, District Manager for Kwik Trip, stated they take this violation very seriously, All workers are required to take a complete alcohol and tobacco training course on the computers at the store, It goes through the differences on the licenses and what to look for. The registers are equipped with a scan where they can scan the ID and it would tell them the age. Unfortunately, the worker did not use this equipment when she sold the alcohol. Company policy for tobacco and alcohol is anybody under the age of 30 must be carded, To monitor this, they have four secret shoppers employed by the company that do random alcohol and tobacco purchases. They are all under the age of 30, but oflegal age to purchase alcohol and tobacco, Last year at this location, they did 23 checks and had 100% compliance, The workers who do pass are rewarded with $10 every time they pass a compliance check. Those who fail receive an unpaid suspension. If they fail 3 ill checks within 24 months they are automatically terminated from employment with Kwik Trip. The store leader also receives disciplinary action if a worker does not have appropriate alcohol and tobacco training. When there is a violation, the workers are retrained through the computer training. Right now Kwik Trip has an 88% compliance rate so far this year in the state in all stores, Some workers are still not using the tools available for them to use, Mayor Ristow shared Councilmember Soderberg's comments as he was unable to attend the meeting. Councilmember Soderberg agreed with the staff recommendation of a two day suspension. He reminded Council this action is setting precedence. He suggested the two days should be a Friday and Saturday two weeks after Council action. Ifhe were in attendance, he would offer a stem warning that he favors escalating penalties for continued violations. Council Minutes (Regular) February 2, 2004 Page 4 MOTION by Fogarty, second by Cordes to close the public hearing. APIF, MOTION CARRIED, Council discussed escalating penalties for further violations, Police Chief Siebenaler informed Council that the state would recommend a longer suspension ofthe license. A third violation would be in the range of5-7 days, That would also be the stafTrecommendation. MOTION by Fitch, second by Cordes to suspend the liquor license for B&B Pizza for March 2 and 3~ 2004. Mayor Ristow stated he appreciated the compliance and thoughts of both businesses. It was lucky it was a compliance check, how many other minors could have gotten away with this? He stated he appreciated their businesses and taking the right precautions to prevent this from happening again. APIF, MOTION CARRIED. MOTION by Fogarty, second by Cordes to suspend the liquor license for Kwik Trip for March 2 and 3, 2004. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Accept Final Report Recreational Facilities Task Force - Parks and Recreation Mr. Randy Oswald, Chair of the Parks and Recreation Commission, gave a presentation and introduced the Task Force Consultant~ Mr, Greg Ingraham, Mr. Oswald thanked the Council for allowing the Parks and Recreation Commission to form a Recreational Facilities Task Force, The first meeting was held June 17, 2003 and adopted several goals. On July 7,2003 Mr, Ingraham was hired to aid the Task Force through the study, Mr. Oswald then thanked the citizens who served on the Task Force, Mr. Greg Ingraham presented the final report. There were 100 people that came to two public meetings and 158 people completed a public opinion survey. The Task Force took an inventory of current facilities and conducted a needs analysis. They found that Farmington has fewer facilities than metro standards, The public is very interested in high-quality facilities, There is an over-reliance on school facilities. It should be a 50/50 ratio, He recommended the city pull more of its own weight. There should be one small baseball field for every 2500 people. The facilities need to be distributed well, and within walking distance of a neighborhood. He recommended the city act now, The need will not go away. The city should focus on land acquisition. Recreational facilities are consistently listed as one of the top three reasons people move to a community, The priority of facilities are: 1) Community Center; 2) Adult and Youth Sports Complex; 3) Focus on land acquisitions; 4) Add gymnasiums; 5) Add trails. The number one priority for adults and teens was land acquisition. The Task Force's three key recommendations are: 1. Focus on land acquisition 2, Prepare a feasibility study for a community center 3, Prepare a strategy for funding Council Minutes (Regular) February 2, 2004 Page 5 The Task Force recommended the Council adopt the Recreational Facilities Needs Study and move forward with the three key recommendations. Councilmember Fitch asked regarding the needs study and moving forward with the recommendations, if Mr. Ingraham would be doing that. Mr. Ingraham stated there are other companies that specialize in that. It also takes internal resources. Parks and Recreation Director Distad stated the first and third recommendations could be done inhouse. Staff is currently developing a systems plan, a trail plan, and working with the Parks and Rec Commission to identify future park/open space locations. The Parks and Rec Commission would need to rely on Finance for the funding portion. The feasibility study would have to be done by a professional consultant. Councilmember Fitch asked if we have enough money to fund the study. Parks and Recreation Director Distad has contacted a few companies, and their estimate is $25,000 - $50,000. Staffhas asked the City Attorney about the use of park dedication funds and he will have to research that. Mayor Ristow asked if this would have to go to referendum. City Attorney Jarnnik replied it would depend on the financing, If cash was available, a referendum is not needed. If you want to bond for it, that would be through a referendum. Mayor Ristow asked if we have the funds on hand for a consultant. Parks and Recreation Director Distad stated the fee would be separate, If the referendum passed, a consultant would be hired to design the facility. They are paid on a percentage ofthe cost ofthe facility. After it was presented to Council, the consultant would be done. Staff is comfortable with the steps necessary to complete that process, The feasibility study would pole the public for interest. After the study is completed, the Council can decide. Councilmember Cordes stated a lot of work went into this report and it was very nicely done. Everyone is to be commended. Councilmember Fogarty has a lot of support for this. The Task Force was great about knowing when to put their hats on as to what group they were from and giving information from their group, and take that hat off and decide what was best for the community as a whole. The amount of surveys returned and the open houses were great. Mayor Ristow also thanked the Task Force and residents for sending in e-mails, Ms, Robin Hanson, 18880 Elgin Avenue, was a member of the Task Force and thanked Council for the opportunity to participate. There was an enormous amount of information shared. She and Jody Arman-Jones represented the Farmington Youth Athletic Association. FY AA represents 11 different sports, As President ofFY AA, a Task Force member, a member of the Parks and Recreation Commission, and a resident she encouraged Council to approve the report and advance to the next steps. MOTION by Fogarty, second by Cordes to adopt the Fannington Recreational Facility Needs Study, APIF, MOTION CARRIED. MOTION by Fogarty, Council Minutes (Regular) February 2, 2004 Page 6 second by Cordes to approve the request to move forward on the three key recommended actions, APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Main Street Project - Hwy 3 Considerations - Engineering At the public hearing held April 7, 2003 a decision to close the Main Street connection to TH3 was deferred. In the Access Management Study closing Main Street was an identified goal. Staff recommended the closure be implemented. Staff will need to determine ifMnDOT will participate in the closure. Traffic would still have access to the frontage road from Main Street. Traffic would not be able to access the frontage road from TH3 at Main Street. Traffic could access the frontage road from TH3 at Willow Street and also from Pine Street. The median could stay open because of the traffic to/from 2l3th Street. The left turning lane to Main Street would be eliminated, The closure would take place at the end of the summer. Councilmember Fogarty stated she supported the closure, Councilmember Cordes asked if Dakota Lumber was contacted, City Engineer Mann stated they have spoken a lot with Mr, Finden about the project. He tries to access his business through Willow Street. The large trucks magnify the safety situation in the area. Councilmember Fitch objected to the closure. There are residential home owners, and he has not heard from anyone from the Chamber. Weare trying to build a viable downtown, but we are closing off roads to get traffic into downtown, He suggested making it a right-turn only offTH3. Elm Street in the next few years will be under construction, How will we get people in and out of downtown? He noticed the DOT proposed closing the Walnut Street access and opening Spruce Street. The purpose ofthe Spruce Street corridor was to go from East Farmington to the other side, however he has heard comments that the people that lived on Spruce Street before are still there. Are we going to close off all our streets and accesses to downtown except for one street? That is one of his concerns if we are going to build a viable downtown. If it is more convenient for people to go to the other side of town, that is where people will go. Elm Street between 6:30 a.m, - 9:00 a.m. is not easy to get through. At night or weekends it is packed. That is the reason for his objection to closing Main Street. Ifwe can agree we will open Spruce Street, he would not have a problem with that. City Engineer Mann stated the opening of Spruce Street has been discussed for a long time, There are difficulties with that. There are residents in the area that are not interested in seeing that done. As far as Main Street, it is a residential street and the traffic engineer does not see there is a lot of traffic that uses Main Street to access downtown. The people that use it, live there and they are in favor ofthe closure. Getting off and on the frontage road at Willow is safer than Main Street. People who use Main Street are familiar with the area, and they will see Willow is safer. If they are not familiar with the area they will not know that Main Street is a connection. Main Street is not perceived as a through street. Staff has the opportunity to do it now as part ofthis project. Councilmember Fitch stated as Council Minutes (Regular) February 2, 2004 Page 7 streets become more congested and we have more traffic control, people will look for alternatives, Eventually 208th Street will be a collector, which will mean those people will bypass the downtown. He asked if we have heard from the business people ifthis is a good idea. When Elm Street is under construction, how will we get traffic in and out of downtown? City Engineer Mann replied that is a good question, the county will have to figure it out. Councilmember Fitch replied the county has to figure it out, but we are penalized if we do not have access to downtown, How do we attract people to Willow Street instead of Main Street? He is looking at what will happen if we close off streets without other options. Mayor Ristow stated at one time Main Street was open where it intersects with 3rd Street. Once you close an intersection, it is hard to get back. Council met with MnDOT about Spruce Street and with the intersection of Elm and Spruce so close, they would not allow having Elm Street open. To go through with Spruce Street, Elm Street would have to be closed. City Engineer Mann noted on the map from the Access Management Study, they do not have any plans for closing Elm and they do show opening Spruce, so there must have been a change in their plans, Elm Street has been identified as a needed east-west connection. Accesses to the downtown would be Elm and Spruce Streets. Everyone in the assessment area has been notified which included a few businesses, Mayor Ristow was concerned about the businesses being notified. Councilmember Fitch asked if input could be received from the Chamber at their next meeting. Staff stated at the March meeting, the topic is Ash Street and Main Street projects. It would make sense to discuss the closure and it would give the Chamber some time to contact the businesses. Mayor Ristow did not see any input from the Fire Department and wondered if there would be enough room for them to turn around. Staff replied the frontage road acts like a hammerhead and is actually larger, Staffhas not talked with the Fire Department. If there was a station on Hwy 3, the access at Willow would allow the same amount of response time, Mayor Ristow felt it would be common courtesy to include everyone, Staffwill contact the Fire Department. This item was deferred to the AprilS, 2004 Council Meeting, 12. NEW BUSINESS a) Adopt Resolution - East Farmington 8th Addition Preliminary and Final Plat - Community Development Mr, John Anderson and Mr, Tim Giles requested approval of the Preliminary and Final Plat for East Farmington 8th Addition. They propose to plat 33 single- family homes, There is an existing pond on the southeastern comer. A portion of that will be moved to the northern part, The property is zoned R-2 and the minimum lot size is 6,000 sq.ft. The lot coverage requirement is 30% which includes all buildings and decks, Given some of the lots and their size it may be difficult to add an accessory structure or deck in the future. It has been discussed to add a notification requirement to future purchasers that it may be difficult to build a deck. The second issue is access to the north. There are two access points Council Minutes (Regular) February 2, 2004 Page 8 along 10th and 11 th Street that dead end at the St. Francis property, The developer proposes hammerheads which would serve as a temporary basis until that property is developed. Easements will need to be obtained from St. Francis, The documents will be needed prior to recording of the plat. Another issue is two lots on the west side of 9th Street. The Traffic Engineer was concerned with site distance. He recommended installing appropriate signage, install turnarounds in the driveways, and ensure boulevard tree placement does not interfere with site lines. There is a drainage and utility easement on the plat that exists on the St. Francis property. Similar to the hammerhead easement, documents will be required from St. Francis allowing the easement prior to recording of the plat. This plat is outside ofthe PUD for East Farmington. They are not proposing a home owners association, There will be a park dedication and staff prefers to take cash in lieu rather than land. The area is within walking distance of existing parks. Councilmember Fogarty was not comfortable with the plat. It has a lot of contingencies, especially lots 3 and 4. She did not know how to ensure 10 years from now people do not plant boulevard trees there, She is also concerned about not having enough room for a deck. One small miscommunication can create a big disaster, Perhaps a variance could be granted. Staff stated a lot will depend on the size ofthe house and how close it gets to the 30% maximum. Notification is the big issue. The developer has said they will include notification with the purchase agreement. Mr, Tim Giles stated they will be building the houses themselves. The information can be placed on the deed. Even if a deck is not allowed, a concrete patio would be, He will have different styles of houses. He is not selling the lots to other builders. City Engineer Mann stated regarding the boulevard trees, the city can control that. The city has the right to remove anything that would appear in the boulevard, In East Farmington, each of those lots had a backyard park and that was allowed as part of the PUD to allow decks. Trees will be planted just outside of the right-of- way and not in the boulevard. City Administrator Urbia stated staff will look at lot sizes in the future, and agreed the developer should have this information in the recorded documents, MOTION by Fitch, second by Cordes adopting RESOLUTION R16-04 approving the East Farmington 8th Addition Final Plat, changing the contingencies to read the developer shall provide documentation of the easements prior to recording. APIF, MOTION CARRIED. b) Spruce Street Commercial Area Design Standards - Community Development Staffhas heard from a number of people very precise ideas as to what they want to see in this area. They want an area that is functional and aesthetically pleasing, One way to accomplish this is through design standards. They fall into two Council Minutes (Regular) February 2,2004 Page 9 categories, site development standards which talk about what the area will look like generally, and architectural standards which talk about what the building will look like. There are three zoning districts, the Spruce Street Commercial district, mixed-use and business/flex district. The north-south corridor and the mixed-use area are critical to the future of the area. This is the only opportunity to create what people like the best about a downtown, Staff showed photos of how mixed- use was in the downtown area many years ago, and also mixed-use buildings and architectural details in new developments in the surrounding area. One building along the north-south corridor covers % of a block. The building is 287 ft long and 80 ft deep. They are proposing four buildings like this along the north-south corridor. The buildings would be broken up into individual rental spaces. Site Development Standards: 1. Sidewalks will be 15 ft wide which allows for landscaping, benches, etc. 2, Screening to shield dumpsters 3, Lighting similar to downtown area 4, Required amenities are gathering places, patio, mini-park, walkway, water feature, any amenity staff feels is appropriate. The developer would be required to have one of these for every 10 acres, This allows the developer to select what the amenity will be and where it will be placed. Architectural Standards: 1. Unifying design theme proposed by the developer. This should make some sort of visual physical connection between the buildings. It could be recurring colors, design materials, windows, awnings with some variation of color, but would still look consistent. Back entrances could be just as aesthetically pleasing as the front entrances, 2, Facades should have a 2-story appearance, The buildings could be set back or forward 6 inches from the next building, Have corner buildings more massive than the rest of the buildings, different roof lines, 2-story buildings should have windows. 3. Buildings should have awnings or projecting signs. 4. Public entrances - businesses should front the north-south corridor with entrances and have an additional entrance for the parking lot to the back. The developer has indicated that at least two of the buildings will have rental space on the second level. Staff wants to make this a pedestrian friendly environment. There was one point of discussion with the developer regarding the facades. The design standards read, "Unless otherwise agreed to in writing by the Community Development Department, developers of buildings located along the north/south corridor and within the Mixed Use District shall use fa~ade variations to differentiate separately leased commercial spaces," The developer had a little problem with this, This was recommended by the Planning Commission. Staff had drafted a version that developers would be encouraged to differentiate Council Minutes (Regular) February 2, 2004 Page 10 between leased spaces. The Planning Commission felt it should be stronger. The developer has indicated when they have a building 50% leased, they will construct the building. The problem is they do not know where the interior walls will be, so how can they have the fa~ade reflect the inside, Staffhas told them they will not insist that if they have four rental spaces in a building, that there be four completely different fronts that parallel where the walls are. As long as there is some differentiation along the front so it is not one flat fa~ade that would be acceptable. MOTION by Fogarty, second by Cordes to adopt ORDINANCE 004-506 amending section 10-6-21 of the City Code by incorporating the proposed design standards for the Spruce Street Commercial zoning district, the mixed-use zoning district and the businesslflex zoning district. APIF, MOTION CARRIED, c) Title Matters - Duo Plastics Inc. - Finance Duo Plastics is in the process of selling their building, The building is part of an old TIF district which has been certified by the county. As part of the title work for the sale they found the old Contract for Private Sale. There is a requirement that a Certificate of Completion be issued prior to the sale taking place. It must have clear title, Staff requested Council agree that the Certificate of Completion has been completed so the sale can be completed, MOTION by Fitch, second by Cordes approving the Certificate of Completion regarding the Contract for Private Sale between Duo Plastics, Inc, and the City of Farmington dated July 6, 1989, APIF, MOTION CARRIED, 13. COUNCIL ROUNDTABLE Councilmember Fitch: Regarding scheduling a Council Workshop, Councilmember Fitch spoke with City Administrator Urbia regarding Council meeting with him to talk about Council's expectations of him, There have been times when Council has had different ideas and expectations and he felt it would be fair to discuss it in public and understand everyone's expectations, Councilmember Fogarty felt the sooner the better. Mayor Ristow stated it would be best for him late in March. Councilmember Cordes stated she would be gone for two weeks in March. Mayor Ristow stated the City Administrator does need to understand our expectations. It is an important issue. Councilmember Cordes suggested looking at the first week in April. Council agreed. City Administrator Urbia: The League of Cities Day is March 3 and also Partners in Progress. Mayor Ristow: The State Auditor's press release applauds the Council and city for being good stewards of finances by maintaining the unreserved fund balance in the appropriate range for Minnesota cities. The sound fiscal management of the city should be commended, Only 53 cities out of 854 received this recognition. February 25 Council Minutes (Regular) February 2, 2004 Page 11 is the MUSA Review Committee meeting, Councilmember Fogarty will attend the meeting. 14. ADJOURN MOTION by Cordes, second by Fogarty to adjourn at 9:26 p.m, APIF, MOTION CARRIED. Respectfully submitted, ~~?r7~ Cynthia Muller Executive Assistant 76 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 Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - Main Street Sewer Meter Project DATE: March 1, 2004 INTRODUCTION Council approved the Main Street Area Reconstruction - Phase I change order No. 1 on July 7, 2003 removing the electrical and flow metering requirements for the sanitary sewer metering structures on the project. This change order resulted in a deduction from the Main Street Area Reconstruction - Phase I project costs in the amount of $78,000. Separate quotes were solicited for the electrical and flow metering equipment and quotes were opened on Wednesday, August 27, 2003. The contract for the electrical and flow metering equipment was awarded to Total Control Systems, Inc. for $25,614.00 DISCUSSION This Change Order provides for the deletion of the requirement for the Performance bond and Payment Bond referenced in sections 00610 and 00620 of the Contract Documents. This Change order also provides for a change in the Completion date from November 10, 2003 to May 3, 2004. There is no change in the contract price for this project as a result of these changes. Because the contract price is under $75,000, Performance and Payment Bonds are not required per state statute. BUDGET IMPACT None. ACTION REOUESTED Approve Change Order No. I for the Main Street Sewer Meter Project. Respectfully Submitted, ~ )-y, Yl1~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file , f1, Bonestroo R Rosene ~ Anderlik & 1\J1 Associates Engineers & Architects Owner: City of Farmington, 325 Oak St, Farmington, MN 55024 Date February 11,2004 Contractor: Total Control Systems Inc., 38841 Nyman Dr. NE, Stanchfield. MN 55080 Bond Company: Bond No: CHANGE ORDER NO. 1 FLOW TELEMETRY PANEL BRA FILE NO. 141-98-080 C Description of Work This Change Order provides for deletion of the requirement for the perfonnance Bond and Payment Bond referenced in sections 00610 and 00620 in the Contract Documents. This Change Order also provides for a change in the Completion date from November 10, 2003 to May 3, 2004, and provides for no change in the contract price for this project as a result of these changes. Contract Unit Total No. Item CHANGE ORDER NO.1 Unit Quantity Price Amount 1419808OCCHO\.xls / r Original Contract Amount lrevious Change Orders This Change Order Revised Contract Amount (including this change order) Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~t~f Date: 2;#~Y Approved by Contractor: 3~?iTEMS~C $25,614.00 $0.00 $0.00 $25,614.00 Approved by Owner: CITY OF FARMINGTON :2-/ 1~'Udt.f Date Date cc: O'Mlet Contractor Bonding Company Bonestroo & Assoc. 14198080CCH01.x1s 7~ 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 AcJmjnistraoo~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Approve Change Order - Main Street Phase 1 Project. DATE: March 1,2004 INTRODUCTION Forwarded herewith for Council's review and consideration is Change Order #2 for the Main Street Phase 1 Project. DISCUSSION Attached for Council's consideration is a change order to the Main Street Phase 1 project. This change order includes items to address the Met Council Environmental Services requirements regarding the new connection to the existing MCES manhole, temporary connections and remobilization as needed due to small utility conflicts, groundwater sampling assistance, and the modification of an existing storm sewer system to match into the new storm sewer system. BUDGET IMPACT The total cost for the change order is $72,643.27. This amount is within the project budget. ACTION REQUESTED Approve by motion, Change Order # 2 for Main Street Phase 1 project in the amount of $72,643.27. Respectfully Submitted, ~fY\~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file ~ Bonestroo -=- Rosene "1\11 Anderlik & Contractor: Barbarossa & Sons Inc., 11000 93rd Ave. N., P. O. Box 367, Osseo, MN 55369 . \J. Associates 19ineers & Architects Bond Com an : Date Fcbru' 24, 2004 Bond No: CHANGE ORDER NO. 2 MAIN STREET AREA RECONSTRUCTION - PHASE 1 BRA FILE NO. 141-98-080 A Description of Work The Owner has elected to order this Change Order to respond to the following issues: 1. Address MCES concerns regarding the City connection to the existing MCES manhole. 2. Temporary connections as required due to small utility conflicts. 3. Assistance with the groundwater sampling as required by the Minnesota Pollution Control Agency. 4. Remobilization and dewatering as required to complete Fifth Street construction. This construction could not be completed in 2003 due to small utility conflicts. 5. Modification of existing adjacent storm sewer lateral to match into the new storm sewer system in Fourth Street. No. Part 1 1 2 3 4 5 6 7 8 9 10 11 12 Part 2 13 14 15 16 17 18 Part 3 19 20 Part 4 21 22 14198080ACH02 Item Contract Unit Unit Quantity Price HR 48.5 $62.00 HR 97 $53.00 HR 39 $145.00 HR 39 $145.00 MO 1 $3,500.00 DAY 8 $720.00 HR 7 $30.00 DAY 8 $720.00 EA 1 $5,520.64 DAY 30 $100.65 CY 15 $106.89 LS 1 $1,129.50 Total Amount Foreman Laborers Backhoe w/Operator Loader w/Operator Generator Bypass Pump Jet Pump Dewatering Pump 84" Manhole Fuel for Dewatering Concrete Core Drilled Connections Total Part 1 $3,007.00 $5,141.00 $5,655.00 $5,655.00 $3,500.00 $5,760.00 $210.00 $5,760.00 $5,520.64 $3,019.50 $1,603.35 $1,129.50 $45,960.99 Foreman Laborers Backhoe w/Operator Loader w/Operator 21" PVC 90 Degree Bends Core Drilled Connection Total Part 2 HR HR HR HR EA LS 2 4 2 2 2 1 $62.00 $53.00 $145.00 $145.00 $514.14 $650.00 $124.00 $212.00 $290.00 $290.00 $1,028.28 $650.00 $2,594.28 Laborer Pump & Generator Total Part 3 HR HR 6 6 $53.00 $25.00 $318.00 $150.00 $468.00 Mobilization Dewatering Total Part 4 LS LS $12,500.00 $5,000.00 $12,500.00 $5,000.00 $17,500.00 No. Item Contract Unit Total Unit Quantity Price Amount LF 310 $12.00 $3,720.00 EA 4 $600.00 $2,400.00 $6,120.00 $45,960.99 $2,594.28 $468.00 $17,500.00 $6,120.00 $72,643.27 Part 5 23 24 14198080ACH02 Remove & Reinstall Existing RCP Connect to Existing Storm Sewer Structure Total Part 5 Total Part 1 Total Part 2 Total Part 3 Total Part 4 Total Part 5 TOTAL CHANGE ORDER NO.2 Original Contract Amount nrevious Change Orders bis Change Order Revised Contract Amount (including this change order) $1,485,810.00 -$76,882.00 $72,643.27 $1,481,571.27 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~~..t?~ Date: ~~<RJ~ Approved by Contractor: BARBAROSSA & SONS INC Approved by Owner: CITY OF FARMINGTON cc: Owner Contractor Bonding Company Bonestroo & Assoc. 14198080ACH02 7d 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: Randy Distad, Parks and Recreation Director SUBJECT: Approving Names for Parks in the Middle Creek and Vermillion Grove Developments DATE: March 1, 2004 INTRODUCTION The Park and Recreation Advisory Commission (PRAC) is responsible for choosing and recommending names for City parks to the City Council. DISCUSSION At the February 11, 2004 PRAC meeting, a discussion on names for the parks located in the Middle Creek and Vermillion Grove Developments occurred. Several names were suggested but in the end the PRAC recommended to the City Council that the park in the Middle Creek Development be named Middle Creek Park and the park in the Vermillion Grove Development be named Vermillion Grove Park. BUDGET IMPACT There is no budget impact with naming these two parks other than needing to make entrance signs for the City's newest parks. Payment for the park signs will come out of the park improvement fund. ACTION REQUESTED By motion approve the park names Middle Creek Park and Vermillion Grove Park for the City's two newest parks. ctfully SU~ andy Distad Parks and Recreation Director 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator~ Patti Norman, Recreation Supervisor 19> FROM: SUBJECT: Adopt Resolution Accepting Donation - Rambling River Center DATE: March 1, 2004 INTRODUCTION A donation has been given to the Rambling River Center (RRC) from Empire and Castle Rock Townships. DISCUSSION Empire and Castle Rock Township Boards have donated $250 each to the RRC. These donations allow Township residents to pay resident membership rates at the RRC. Staff requests that these donations be used to help purchase new tables that will replace existing older tables at the RRC. Staffwill communicate the City's appreciation on behalf of the City Council to the Township Boards for their generous donations. ACTION REQUESTED Adopt the attached resolution accepting the donations of $250 from Empire and Castle Rock Townships and allow these donations to be used towards the purchase of new tables for the RRC. Respectfully Submitted, ~ '''-fl;.~' ~.~oo ('~ '" .~~~ Patti Norman Recreation Supervisor cc: Missie Kohlbeck RESOLUTION No. ACCEPT DONATIONS FROM EMPIRE AND CASTLE ROCK TOWNSHIPS OF $250 EACH 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 1st day of March 2004, at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, Empire and Castle Rock Townships have donated $250 each to the Rambling River Center; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of $250 each from Empire and Castle Rock Townships to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of March, 2004 Mayor Attested to the 1 st day of March 2004. City Administrator SEAL '7f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council MembJr.: City Administrator c:v---. Jim Atkinson Assistant City Planner FROM: SUBJECT: Summary of Ordinance Approving Design Standards for the Spruce Street Commercial, Business/Commercial Flex, and Mixed-Use Zoning Districts DATE: March 1,2004 INTRODUCTION The City Council approved design standards for the Spruce Street Commercial, Business/Commercial Flex, and Mixed-Use Zoning Districts at its meeting on February 17, 2004. In order to reduce the cost of publication, a summary ordinance has been prepared and is included with this memo. ACTION REQUESTED Approve the attached summary ordinance. Respectfully Submitted, 4~ol::- Jim Atkinson Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 004-506 AN ORDINANCE AMENDING TITLE 10 CHAPTER 6 OF THE FARMINGTON CITY CODE, THE CITY'S ZONING ORDINANCE, CONCERNING DESIGN STANDARDS FOR SPRUCE STREET COMMERCIAL, MIXED-USE AND BUSINESS/FLEX ZONING DISTRICTS NQTICE IS HEREBY GIVEN that, on February 16,2004, Ordinance No. 004-506 was adopted by the City Council ofthe City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 004-506, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that Section 10-6-21 has been expanded to include standards for the Spruce Street Commercial, Mixed Use and Business Flex zoning districts. The design standards have been revised to include new or revised provisions on storage, off-street parking, sidewalks and walkways, exterior lighting, exterior amenity requirements, bike racks, architectural standards, modulation and articulated building wall planes in the Mixed-Use District, projections from building walls (awnings/signs), public entrances, and site plan review. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 1st day of March, 2004. CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: David Urbia, City Administrator Approved as to form the day of 2004. By: City Attorney Published in the Farmington Independent the _ day of 2004. 7:] 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 Administratr FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: School and Conference - Public Works DATE: March 1,2004 INTRODUCTION / DISCUSSION The Natural Resource Specialist will be attending a Minnesota Shade Tree Short Course and Tree Inspector Training at the MNDOT Training Center in Arden Hills, Minnesota on March 23 and 24, 2004. BUDGET IMPACT The cost of this conference is included in the 2004 budget. ACTION REQUESTED For information only. Respectfully Submitted, ~~m~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file '?CL 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 Administratorr FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 2004 Seal Coat Project Public Hearing DATE: March 1, 2004 INTRODUCTION At the February 2, 2004 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 1,2004, on the 2004 Seal Coat project. DISCUSSION The 2004 Seal Coat project is the eleventh project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Figure 1 and Attachment A are to be included in the seal coat program this year. The streets in Autumn Glen 1 st and 2nd Additions, Charleswood 3rd Addition, East Farmington 7th Addition and Tamarack Ridge 1 st and 2nd Additions are to be seal coated for the first time this year. The streets in Prairie Creek 1 st and 2nd Additions, Silver Springs 1 st and 2nd Additions, Nelsen Hills 1st and 2nd Additions, Fair Hills, Pine Knoll, 213th Street and the Rambling River parking lots are scheduled to be seal coated this year. The City has been in contact with the City of Bumsville who is the administrator of a Joint Powers Agreement for seal coating, traffic markings, screening and other items. Current Cities involved in the Joint Powers Agreement include the City's of Bumsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Inver Grove Heights. Bumsville has indicated that Farmington can participate in the 2004 Joint Powers Agreement. It is recommended that the City complete these improvements as part ofthe Joint Powers project. BUDGET IMPACT 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 pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder of the costs would be funded through the Road and Bridge Fund. The City of Bumsville accepted bids for the Joint Powers Agreement (JP A) on Friday, February 20, 2004. The anticipated project cost based on the JP A bid falls within the estimated project cost identified in the 2004 Seal Coat project feasibility report ($140,500). The City's special assessment policy indicates a 50/50 cost sharing split between the City and the benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the City's special assessment policy is $65.44 per residential equivalent unit. ACTION REQUESTED Adopt the attached resolution ordering the 2004 Seal Coat project, approving the plans, and authorize the City to complete these improvements as part of the Joint Powers project. Respectfully submitted, ct: YY1 )'YJ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Attachment A Streets Location Prairie Creek 1st and rd Addition 187th Street West West phase line of Prairie Creek 2nd Addition to Embers Avenue North phase line of Prairie Creek 2nd Addition to south phase line of Prairie Creek 2nd Addition Cul-de-sac on the south side of Elk River Trail to the north phase line of Prairie Creek 2nd Addition All North phase line of Prairie Creek 2nd Addition to south phase line of Prairie Creek 2nd Addition North phase line of Prairie Creek Is1 Addition to south phase line of Prairie Creek 1 sl Addition English A venue to Embers Avenue Cul-de-sac on the north side of 186th Street West to south phase line of Prairie Creek 1 sl Addition North phase line of Prairie Creek 1 sl Addition to south phase line of Prairie Creek I sl Addition West phase line of Prairie Creek I sl Addition to east phase line of Prairie Creek 151 Addition Elk River Trail English Avenue Egret Way Egret Court Embers Avenue English Avenue I 86th Street West Elgin Avenue Embers Avenue Silver Springs 1st and rd Addition English Avenue North phase line of Silver Springs I sl Addition to south phase line of Silver Springs I sl Addition Pilot Knob Road to east phase line of Silver Springs I sl Addition English A venue to Elgin Avenue North phase line of Silver Springs 1 sl Addition to south phase line of Silver Springs 1 sl Addition North phase line of Silver Springs 2nd Addition to 189th Street West English Avenue to Elgin Avenue All All 189th Street West to north phase line of Silver Springs 2nd Addition I 87th Street West 188th Street West Elgin Avenue English Avenue I 89th Street West Emblem Court Elite Court Elgin Avenue Nelsen Hills }" and rd Addition Euclid Path 190th Street West to north phase line of Nelsen Hills 151 Addition Englewood Way Euclid Path to north phase line of Nelsen Hills I sl Addition Englewood Court All Euclid Path South phase line of Nelsen Hills 2nd Addition to north phase line of Nelsen Hills 2nd Addition South phase line of Nelsen Hills 2nd Addition to north phase line of Nelsen Hills 2nd Addition All Englewood Way Englewood Circle Fairhills Euclid Path Estates Avenue 193rd Street West Eureka Avenue Eureka Court Euclid Court 190th Street West Eureka Avenue to 190th Street West 193rd Street West to Euclid Path Pilot Knob Road to west phase line of Fair Hills Addition 195th Street West to 193rd Street West All All Pilot Knob Road to west phase line of Fair Hills Addition Autumn Glen 1st and rd Addition Embers Avenue North phase line of Autumn Glen 1 st Addition to south phase line of Autumn Glen 1 st Addition West phase line of Autumn Glen 1 st Addition to Embers Avenue Embers Avenue to Dunbury Avenue Embers A venue to Dunbury Avenue Embers A venue to north phase line of Autumn Glen ttd Addition 193rd Street 191 st Street 192nd Street Dunbury Avenue Charleswood 3rt! Addition Evensong Avenue Evensong Court Exchange Trail Executive Path Export Trail North phase line of Charles wood 3rd Addition to south end of cul-de-sac All Evensong Avenue to west phase line of Charleswood 3rd Addition Evensong Avenue to west phase line of Charleswood 3rd Addition Evensong A venue to west phase line of Charleswood 3rd Addition Pine Knoll Eaves Court Eaves Way 204 th Street West 203rd Street West Dunbar Avenue All Akin Road to 204th Street West 203rd Street West to west phase line of Pine Knoll Addition Akin Road to west phase line of Pine Knoll Addition Akin Road to 203rd Street West Tamarack Ridge r' and r Addition Camden Path County Roads 66 to east phase line of Tamarack Ridge 1 st Addition Camden Court All Camden Path 213th Street to north phase line of Tamarack Ridge 2nd Addition Camden Circle All East Farmington 'jh Addition Eleventh Street Larch Street to south end of cul-de-sac Twelfth Street Larch Street to Highway 50 Thirteenth Street Larch Street to Maple Street Maple Street Eleventh Street to Thirteenth Street Hickory Street Eleventh Street to Twelfth Street 21~ Street 213th Street Trunk Highway 3 to Empire Township Boarder RESOLUTION NO. R -04 ORDERING PROJECT, APPROVING PLANS AND AUTHORIZING THE CITY TO COMPLETE THESE IMPROVEMENTS AS PART OF THE JOINT POWERS AGREEMENT PROJECT 04-01, 2004 SEAL COAT PROJECT 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 1 st day of March 2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 2nd day of February 2004, fixed a date for a Council hearing on the proposed 2004 Seal Coat Project; 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 1 st day of March, 2004, 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 City improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 2nd day of February, 2004. 3. Plans prepared by Lee M. Mann, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City complete theses improvements as part of the Joint Powers project administered by the City of Bumsville. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 st day of March 2004. Mayor Attested to the day of , 2004. City Administrator SEAL I I I 1 I I I 1 I I ! I -.. - ~.. ,-,. ..... w." 21 FIGURE I 2004 SEAL COAT AREAS ClTVor rAllMlo<<iTQN ~ CSAH 50 r.'~1 0, : !I . . ..,..." E ClTVor rAItMIIl(jlC)/j I (:l.R[OOIO....N$HIP norM SfR[(t ....(ST PARKING LOTS & ALLEYS 1. 2004-RAMBLlNG RIVER - PINE & ELM ST 2. 200S-ALLEY SO. OF POST OFFICE 3. 2005- ALLEY SO. OF NEW LIBRARY 4. 200S-ALLEY NO. OF VFW 5. 2006-RAMBLlNG RIVER - BALLFIELDS 6. 2006-ICE ARENA 7. 2006-FIRE STATION So 2007-ALLEY SO. OF ST. MICHAELS 9. 200S-SECOND STREET PARKING LOT 10. 200S-ALLEY NO. OF FGTN. LUTHERAN 11. 20lO-SWIMMING POOL ~ : ~, I: .1 .: ~: " i ..........1 1 I I I I I I I 1 , "j)' ~ 0 o - ; s ~ w w " 3 , . . T ~ I [CITY OF FARMINGTONI 500 , I, , . ~--- ..~-- -I- ___ _ _ __....~ _ ______0( , " , . o 1000 2000 JOOO SCALE ~ COb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Memb~~ City Administrator t1P' FROM: . Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Vacation of two (2) Drainage and Utility Easements for East Farmington 8th Addition DATE: March 1, 2004 INTRODUCTION Mr. Tim Giles, Giles Properties, Inc., has requested the vacation of two (2) existing drainage and utility easements located within Outlot N of the East Farmington 15t Addition, which was recently replatted as East Farmington 8th Addition. In order for the East Farmington 8th Addition to be recorded, the easements must be vacated. DISCUSSION On February 17, 2004, the City Council approved the East Farmington 8th Addition Preliminary & Final Plat. There are, however, easements that currently exist on the property that were platted in conjunction with the East Farmington 15t Addition plat within outlot N (see Attachment A). These existing easements must be vacated prior to recording the East Farmington 8th Addition plat. New drainage and utility easements that reflect the lot configuration of the 8th Addition are depicted on the plat that was approved by the Council on February 17,2004. RECOMMENDED ACTION Adopt the attached resolution, vacating the eXlstmg drainage and utility easements located within Outlot N, East Farmington 15t Addition. Respectfully Submitted, 0-~ Lee Smick, AICP City Planner ~-'~ 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 151 day of March, 2004 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, two drainage and utility easements are located on Outlot N, East Farmington First Addition; and WHEREAS, the City of Farmington has received a request from the Developer to vacate the two drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to vacate the two drainage and utility easements legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. S 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacations requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: I. The two drainage and utility easements 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 151 day of March 2004. Mayor Attested to the _ day of March, 2004. Interim City Administrator SONIlOYVNlIIU 53111110 'H1Vd 'CINOd NOUdI!l0S30 v- -1 I . -, , 1 .1 ..J "li!i ~im ~i ~ -., l ::, J~~ F: i~; -' In 1=: --l:: In l'~: !~ ~/ , , @ , " J It ~~ ill '!], ~r = %; .. ',3= ~.~ J: <".l ~~1; ~ ~ 'i~ I; :8 .' - ~~'t_ ~', ~ ----- , , " ~ggrtt: c:e:: ~:SS o-ti-O<O ~~~(jj'" '" ...~~~~ :!~""f()cO -l;;:l;;: ~u elc:it .ll:'oo r::"'''' ill ~ ::t ~ lil ~ o ... '" '. 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II I~I I I I- I I I I I I I I I I ~I 11)1 ~I I I I I -['\&" '---'___-'-___L__jI , It--...L---'--_'__-L__~--1Y I r- _ ,: 11- - - - - - - - - - ill>Il.S iU..-- - C - - - - - :;;;;;;;;';;;;;;;;;;;;;,;;' - - - - ~I -- : ON 1011.00 .JO 3NI1 3--" I I a n~1 I ~ I /' , I, '\1:------ '-m I~ ~ !l"'~ ~~~~ :::'~~ilI h @ ~~! ~h I. L.L_ I j-- , " " J r..- L"'_ ~ ~l;: ~ " ~ ... ~ l'> , ... "-- III ,-, , , I ~.. i-- f-, L_. ,-, J-, - L_" <:' - u. I j-- , , ~.. \' J f'- L"'_ I L.L _ .-' , ,-, <::. - '-' - '" L.I..J 'v u_ --, ~ '" ~ L"" --, '- '" , , :t~~ , , J ~~ -T- e:~ _L l!s~ I ~ j_. ~l;; --, , f~ ,-, I , , '-- " \' J , " \' J Ii! --. / f-' , , I r-- o f r, ,_/ r..- L"'_ c ::.: I, L.L_ I fU c ::1... '01 L.LJ ~ f0- Il! ~ ~ ----a---- ~ ~ ... ~ 0 &: __-T' I I I I I ---T I I ''': ..-, ~ ~ I jU -;- I u. , ,', '-~ ,-, ~ :.-.;::. L I r-- ,,- L"'_ ,-, L_" ,-, L_" ~, ~ "':1... c::( o . I, u_ ~_-:-[-~ - " ,..- " , L"'_ c :. -T- -...- . I lu LU I . --I- I I I I ___L _ Ill~lS. HlU ~:~ ~:: ,-, ~"--- I r-- ~:! ;: ~ L_" ,-, L_" ~I:- - - ~!~ I i-- , " --Ir"..ol./....--__ ,,- L"'_ ,_. II u_ 133lliS - --m:of \~. --.. \-. .::::- ,-, '-' -r---- r-- , " ~:: -:::.. --&..- ~ - - ,..- L"'_ ::: c ::1... I, u_ ".t I r-- , 0' .-......------ .C:) I, I H! Li.J 133lliS ---rrro /' /7/ / / / / / T I I I I I I L__I___ L- I a I -.. :J.,"".6Io00N 60'/01 , 110'9&1 3.rr.61000N , , \ ~ '-&1 ~ ~~ . ;': ?Q... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City AdminiSlraOOrtf)v-- FROM: Ken Kuchera, Fire Chief SUBJECT: Fire Department Tanker Recommendation DATE: March 1, 2004 INTRODUCTION The Fire Department tanker truck committee has completed the review of bids received and opened on January 5, 2004. DISCUSSION Five bids were submitted. After thorough review ofthe bids, Semo TanklBaker Equipment Company bid has been selected for Council approval. The condensed results have been provided for your review. Semo TanklBaker Equipment Company options as bid are also being requested to be included. BUDGET IMPACT The additional $2,802 in funding will require utilizing Fire Department capital projects funds. Presently $6,300 in funding is available. ACTION REQUESTED Adopt the attached resolution awarding the bid for the Fire Department tanker to Semo TanklBaker Equipment Company. Respectfully submitted, ~.~ ~1!cg;~ <t""'--' Ken Kuchera Fire Chief cc: Robin Roland Joel Jamnik Fire Department Truck Committee Analysis - Fire Tanker Bids American 3000 Southern LaFrance Reberland Fire Serno/Enale model bid Bid amount $ 148,800 $ 161,030 $ 165,000 $ --. Data supplied by manufacturer at time of delivery page 3 bid spec, No to items 4,5,6,8,10,11,12, Bid spec says "NOTE:SEMO sent clarification letter defining the reasons for above exception and ok'd by truck committee and city Exceotions oer statements in bid staff. Tank 5 year; body parts & cabinets 1 Tank 15 yr; meets 20 YEAR TANK WARRANTY vear, CabinetrV 5 yr soecification meets soecification no bid bond per meets meets language ok by BID BOND soecification soecification Joel meets soecification 3000 GAL. COATED TANK RATED @ 29" VACUUM AND 10 meets PSI 27" vacuum soecification non-coated tank meets soecification VALVES SHALL HAVE valve control only CONTROLS IN CAB AND EACH meets in cab where meets VALVE LOCATION soecification driver has control. specification meets soecification venVdrain system: 4" drain vents from vent is 4" schedule top, 4" butterfly meets 40 patented vent valve, 4" relief 6" VENT DRAIN soecification system valve meets soecification 6" KNIFE STYLE DUMP& FILL butterfly valves, no VALVES WITH EXTENSION extension chute meets butterfly valves, no CHUTE ON REAR DUMP I......~.... soecification extension chute butterflv valves Tank will not be plumbed for future pump in front passenger not plumbed for compartment TANK SHALL BE PLUMBED FOR future pump meets FUTURE PUMP soecification meets soecification ALUMINUM SWING UP POWDER COATED DOORS Aluminum doors WITH ACTIVATED INTERIOR no swing up doors, painted not LIGHT no interior liaht oowder coated no swina uo doors no swine uo doors REAR TRANSVERSE No transverse rear meets No transverse rear COMPARTMENT comoartment soecification comoartment meets sDecification u- siren .tLl&fIZ, opti- com I1Ii1O.OD, spoUight 'flltHJ.DI, flash light .sat.Rt ' Motorola radio aICL.flt, 12V FEDERAL Q-SIREN, 3M OPTI- no federal Q-siren power point COM, SPOTLIGHT, MAP LIGHT, '2IOQ.OD, 3M opti 11JIJIf, map ligh FLASHLIGHTS, MOTOROLA com _ (101 ~~, meets RADIO, 12V POWER POINT soecification meets soecification Analysis - Fire Tanker Bids American 3000 Southern LaFrance Reberland Fire SemolEnale WHELEN REAR WARNING rear beacons code 3 mini light code 3 rotating STROBES bar lights code 3 strobes meets no map storage meets MAP STORAGE COMPARTMENT soecification SIDAD specification meets soecification oil cooled pump, with 60 gal oil reservoir, increased maint. AIR COOLED VACUUM PUMP Cost and RATED@ 430 CFM @ 15" environmental meets meets VACUUM concerns specification specification meets soecification Truck is currently painted red - not white, Would need to be meets meets PAINTING (CHASSIS) repainted, specification specification meets soecification red painted areas stainless steel does not must be repainted polished aluminum require paint white meets does not need deduction for not PAINTING (APPARATUS) specification paint I naintin'" t:il1ftiJ.OOI OTHER ITEMS no drop tanks 1273'.00. only 4- 4- 6" x 17' hard 3- 6" X 10' hard hard suction hoses suction hoses 2- 3500 GAL DROP TANKS, 6 suction hose cost provided cost not 6" X 12' HARD SUCTION HOSE not orovided- 11200.00 nrovided meets specification STORAGE FOR 4- HARD storage for 3- meets meets SUCTION HOSES hoses specification soecification meets soeCification 6" quick couple HOSE ADAPTERS fitting x 5" STORZ, 1- 6" CAM LOCK X 5" STORZ, 6" quick couple 1- 6" CAM LOCK X 2,5" MALE, meets fitting x2.5 female meets 1- 6" CAM LOCK X 2,5" FEMALE soecification ~.II l1li soecification meets soecification overhead driver console - not CENTER CONSOLE WITH center console, no EMERGENCY SWITCHES AND open compartment meets meets OPEN COMPARTMENT LIGHTS Iiaht 1.00:00 specification soecification meets soecification TOW HOOKS FRONT AND no rear tow hooks no rear tow hooks meets REAR SJDO.OO specification meets soecification meets meets TIRES (REAR) 12R 22,5 11R 22,5 soecification soecification 11R22,5 meets meets meets TIRES (FRONT) 315/80R 22,5 specification specification soecification meets soecification DECAL DEDUCTION TOTALS MM."'" S172, 141.00 $165.000.00 ....... American 3000 Southern LaFrance Reberland Fire Semo/EiiCiie options 1 18HP Waterous Dump orice unavailable 3,790 6,142 3800 2 low level f10atina oumo included 1 ,400 2,595 2,046 3 6" cam lock ooenina to-o rear tank orice unavailable 185 395 350 TOTAL OF OPTIONS $5.375.00 $9132.00 $6.196.00 RESOLUTION NO. R -04 AWARD OF BID - FIRE TANKER 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 1 st day of March, 2004 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to an advertisement for bids for the fire tanker, the following bids were received: Semo Tank/Baker Equipment Company American Lafrance . Southern Fire Equipment Fireovac 3000 Gallon Tank Total Bid as Adiusted $164,302 $164,550 $165,000 $172,148 and, WHEREAS, the bid submitted by Fireovac for a 2000 gallon tank does not meet the minimum bid specifications required. That bid is eliminated. NOW THEREFORE, BE IT RESOLVED that the City of Farmington accept the bid and order the specified tanker from Semo Tank/Baker Equipment Company. This resolution adopted by recorded vote of the Farmington City Council in open session the 1 st day of March, 2004. Mayor Attested to the _ day of March, 2004. City Administrator SEAL /0 a...- 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, City Administrator tf)v'- FROM: Robin Roland, Finance Director SUBJECT: Preliminary December 2003 Financials DATE: March 1, 2004 INTRODUCTION Staff has done a preliminary review of 2003 revenues and expenditures. The reports are attached with this memo. These numbers are a draft - final revenues and expenditures will come with the audit. DISCUSSION General Fund revenues are slightly below Budget (98.66%) due to reduced interest earnings and the required market adjustment. While permit revenues and charges for services exceeded the revised budget, all other revenue sources were slightly below revised budget expectations. General Fund expenditures are slightly above budget (105.78%) due to several factors: a) Expenditures for the severance agreement for the departed City Administrator and costs of the recruitment of a new City Administrator b) Costs of additional assistance in the Building division to support the increased permit revenues c) Overtime (and compensatory time) in Police due to understaffing and increased workload d) Costs of increased park maintenanGe and recreation programming. The result of these will be a net reduction to the fund balance of approximately $420,000 or roughly the amount of our 2003 lost LGA. Fund balance at the end of 2003 will decrease to 31 % of annual expenditures. In 2002, the fund balance grew by $458,000; in 2001 by $461,000. The revised 2003 budget expected a break even situation - neither increasing nor decreasing the fund balance. Staff is working to insure the 2004 budget remains balanced and will continue to keep Council informed in order that any issues may be addressed on a timely basis. ACTION REQUIRED For Council's information. Respectfully submitted, ~#J / Robin Roland Finance Director CITY OF FARMINGTON SUMMARY OF REVENUES AS OF DECEMBER 31, 2003 100,00 % Year Complete : :: : ::,riW~.I' '1":::1111'11:1:1:1:,1,.1."1:"11111:11111111:1 I ili: :~~:~i::I.:nl~~=~:'~;~;~;;:~:~::: ~;;;; Ili~mr~m~ll:I'III'II~llj:llllll.i~~i: $ $ $ % $ % GENERAL FUND Property Taxes 3,188,070 1,463,539 3,177,195 99.66 2,603,196 100.12 Licenses/Permits 1,260,110 74,065 1,327,332 105,33 1,355,254 116.45 Fines 80,100 10,336 70,419 87,91 76,913 93.23 Intergovernment Revenue 485,686 66,952 456,873 94.07 818,465 100.17 Charges for Service 358,779 136,081 396,561 110.53 406,205 126.46 Miscellaneous 330,500 (69,002) 195,710 59,22 300,940 91.06 Transfers 225 000 17850 225,000 100,00 344 500 100.00 Total General Fund 5 928 245 1 699821 5,849.090 98.66 5 905 473 104.34 SPECIAL REVENUE HRA Operating Fund 27,500 13,956 24,816 90.24 30,809 127.10 Police Forfeitures Fund 10,050 130 12,322 122.61 7,106 88.27 Park Improvement Fund 152,500 50,578 104.503 68,53 621,795 159,03 Recreation Operating Fund 252,500 166,271 259,294 102,69 210,221 100.55 ENTERPRISE FUNDS Ice Arena 238,300 130,338 257,181 107,92 237,225 109.07 Liquor Operations 2,839,000 260,481 2,713,932 95,59 2,407,730 100.32 Sewer 1,298,000 584,447 1,530,083 117.88 1,514,302 97.98 Solid Waste 1,358,500 143,491 1,202,953 88.55 1,268,212 100.79 Storm Water 260,000 7,718 246,866 94,95 600,540 98.08 Water 1 790 000 43,725 1 482 949 82,85 1 924 945 109,37 Total Revenues 14154 595 3100,956 13683989 96.68 14 728 358 104.56 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF DECEMBER 31, 2003 100.00 % Year Comolete il"II":I'III.llfu.':I:::i:lii'i'iiiiiiillll:i:i,lil:1.::~~aijPG.eT~;;~ </@Q~:~:;;~:~ ;::: ;: ~:~peRCeNT ::::: .'~II:i:i:i i:~~~lmrnl ... ........-.. ............ . ~nn ;:CURRENT; ;);~:~Ym~:;:;:~:~ :::::~:~:2003U::::: . ............. .............. . .... ......... ...... ..... GENERAL FUND $ $ $ % % Administration 856,500 108,840 873,885 102.03 723,011 103.24 Finance 372,730 28,938 374,436 100.46 377,882 99.61 Community Development 582,243 84,336 621 ,482 106.74 581,685 116.91 Police 1,863,360 186,032 1,992,384 106.92 1,600,991 101.96 Fire 418,690 43,899 440,190 105.14 390,875 105.23 Public Works 892,690 71,848 897,438 100.53 899,697 98.69 Parks & Recreation 776,032 62,668 905,032 116.62 742,756 102.32 Transfers Out 166 000 166,000 166 000 100.00 130 000 100.00 Total General Fund 5 928 245 752 561 6270847 105.78 5446.897 103.04 SPECIAL REVENUE HRA Operating 76,540 11,964 82,348 107.59 66,040 126.63 Police Forfeitures Fund 8,050 487 6,522 81.02 9,369 116.39 Park Improvement Fund 134,500 6,131 149,809 111.38 97,681 83.63 Senior Center 122,568 15,849 142,472 116.24 101,228 93.24 Swimming Pool 119,209 (4,015) 120,049 100.70 117,536 97.69 ENTERPRISE FUNDS Ice Arena 250,660 24,970 269,646 107.57 226,005 95.07 Liquor Operations 2,726,480 335,031 2,637,386 96.73 2,386,408 108.38 Sewer 1,298,517 323,934 1,321,986 101.81 964,616 81.69 Solid Waste 1,414,631 278,280 1,515,960 107.16 1,083,149 89.11 Storm Water 210,229 47,357 260,697 124.01 188,732 79.51 Water Utility 1 067 073 275 304 1.214023 113.77 1 042102 69.06 Total Expenditures 13,356,702 2,067,853 13,991,745 104.75 11,729,763 95.56 106 City of Farmington 325 . Oak Street, Farmington, MN 55024 (651) 463-7111 fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members and City Administrato~ Randy Distad, Parks and Recreation Director TO: RE: Amending Fee Ordinance DATE: March 1,2004 INTRODUCTION The City of Farmington has an existing ordinance that identifies City fees and charges. The current ordinance does not address outdoor field use fees and the Rambling River Center's Fitness Room membership fee. Park and Recreation Department (City) staff and ISD #192 (School District) staff have reviewed potential fees associated with outdoor field use. At the same time, City staff and a Rambling River Center Advisory Board Fitness Room Subcommittee also reviewed potential fees for the Rambling River Center's new fitness room DISCUSSION Recommended fees from City staff and the Rambling River Center's Advisory Board Fitness Room Subcommittee for the fitness room were forwarded to the Rambling River Center Advisory Board for review at its December 2003 meeting. By unanimous vote, it was recommended to the Park and Recreation Advisory Commission (PRAC) that the membership fees for the fitness room be $30.00 for a resident who resides within the corporate boundary of the city of Farmington and $45.00 for a non-resident who resides outside the corporate boundary of the city of Farmington. In addition, there would not be any discount given for couples who purchase a fitness room membership, the membership- fee would be pro-rated at 50% on or after July 1 st and memberships would only be available to Rambling River Center members who were 55 years and older. The PRAC reviewed the fitness room membership fee recommendation at its January 2004 meeting and unanimously recommended to the City Council that the Fee Ordinance be amended to include the fitness room membership fees that were recommended by the Rambling River Center's Advisory Board. In late summer 2003, City and School District staff met to discuss fees associated with outdoor fields. Of primary concern was that neither entity had any type of overall fee structure for the use of outdoor fields such as softball, baseball and soccer. The only fees that were in place was a per participant fee of$3.00 that Community Education was charging youth organizations in return for the use of school district fields and a tournament fee that the City was charging to user groups for the use of school district and City baseball and softball fields. While the school district was charging a per participant fee, the City never received any revenue from this fee, but yet was actually performing the preparation work for the youth organizations on both School District and City baseball and softball fields for games and practices. The preparation work included setting the bases and pitching mounds for distance, dragging the fields and painting foul lines. At the same time the tournament fees that the City was collecting for field usage that included the use of School District fields, the School District never received the revenue from these tournament fees. Over the course of several months, staff from the School District and City met to discuss an outdoor field use fee structure. A draft fee structure was eventually formed during these meetings that addressed a fee for using outdoor fields such as baseball, softball and soccer fields. The draft fee structure was presented to the Farmington Youth Athletic Association (FY AA) in December 2003 for their review. While the FY AA had a few concerns with the fee structure, it nonetheless did not oppose the fees. The fee structure then was presented to the PRAC at their February 2004 meeting. After some discussion, it was unanimously recommended to the City Council that the Fee Ordinance should be amended to include the 2004 Outdoor Field Use Fee Schedule that is attached and is shown as Schedule H. Staff members from the School District and staff also discussed how these fees should be split since the School District provides a majority of the outdoor fields for community groups to use. Both the School District and City staff agreed that fees should be split in the following manner: 1. $4.00 per participant fee 60% ofthe total fees collected will go to the School District to cover maintenance costs and field improvements. 40% ofthe fees collected will go to the City to help offset the cost of preparing the fields for practice and games. 2. $25.00 per field per day fee for tournaments A. Baseball and Softball Tournaments On the first day of a tournament, the City would keep 100% of the fees since the City prepares all of the City and School District fields for tournament play. If there is a second day needed for a tournament, the City keeps all of the fees associated with the use of City fields for the tournament and the School District keeps 100% of the fees associated with the use of School District fields for the tournament. B. Soccer Tournaments Since the City does not provide any soccer fields, the School District keeps 100% of the fees. 3. $25.00 per field per day fee for non-tournament use A. Baseball and Softball Fields The City keeps 100% of the fees when its fields are used for non-tournament use. The School District keeps 100% of the fees when its fields are used for non-tournament use. B. Soccer Fields Since the City does not provide any soccer fields, the School District keeps 100% of the fees when its fields are being used. 4. Other Services and Fees In situations where additional services are requested by a user group, the user group would work directly with either the School District or City and pay the appropriate fee associated with the addition services that will be provided. It is important to note that the use fee structure for outdoor fields will also be reviewed and approved by the School District's Board of Education. The fee structure for outdoor fields then will be the same for the City and School District in order to eliminate possible conflicts in one entity charging more or less than the other for the use of outdoor fields. BUDGET IMPACT The new outdoor field use fees and fitness room fees will generate additional revenue for the City. The additional revenue will depend on the number of participants paying the $4.00 per participant fee, the number of fields that are rented for tournament or non-tournament play and the number of residents or non-residents who become a member of the Rambling River Center's Fitness Room. ACTION REQUESTED Approve amending the fee ordinance to include the Outdoor Field Use Fee Schedule and the Rambling River Center's fitness room membership fee. :r119ctfully SRmi~~ed1'l , K~~ y;;q/ Randy Distad, Parks and Recreation Director CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 003-504 OF THE FARMINGTON CITY CODE, ESTABLISHING CHARGES AND FEES FOR LICENSES PERMITS OR OTHER CITY APPROVALS AND SERVICES FOR CALENDAR YEAR 2004, CONCERNING OUTDOOR FIELD FEES AND RAMBLING RIVER CENTER FITNESS ROOM FEES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. FEES FOR LICENSES AND PERMITS, CURRENT SERVICES, Parks and Recreation ofthe Farmington City Code is amended to read as follows: Outdoor Field Use Fees See Schedule H Rambling River Center Fitness Room Membership Fees $30.00 yearly resident $45.00 yearly non-resident No couple's discount. Fees pro-rated on or after July 1 st to $15.00 and $22.50. Membership only available to Rambling River Center members who are age 55 and older. ADOPTED this Farmington. day of ,2004, by the City Council of the City of CITY OF FARMINGTON By: Gerald G. Ristow, Mayor ATTEST: By: David M. Urbia, City Administrator SEAL Approved as to form the _ day of 2004 By: City Attorney Published in the Farmington Independent the _day of ,2004. SCHEDULE H 2004 OUTDOOR FIELD USE FEE SCHEDULE Non-Tournament Outdoor Field Use Charges: Summer Outdoor Use Fee - Groups primarily $ 4.00 per participant serving local youth under 19 years of age. Calculated based on the number of registered participant as of the first day of scheduled practice Youth Groups not qualifying or choosing not to pay $ 25.00 per field per day the Seasonal Use Fee Adult Groups 25.00 per field per day Tournaments Outdoor Field Use Charges: Baseball and Softball Fields $25.00 per field per day (Fee includes use plus initial dragging, setting ofthe base path and pitching, and painting of foul and fence lines once each tournament) Soccer Fields 25.00 per field per day (Full size soccer fields may be sub-divided into small fields but are only charged per full size field. Any portion of a full size field constitutes use of that full size field.) Other Services and Fees Additional dragging baseball or softball fields $6 per field per dragging Soccer field lining $ 32.50 per hour for labor $ 10.00 per hour for painting equipment Cost of supplies Additional labor or materials requested by group At prevailing rates Tournament Trash Removal $50.00 per site "Diamond Dry" $ 10 per bag Portable Toilets Arranged and billed to the user by the provider City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmineton.mn.us TO: Mayor and Councilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: .March 1, 2004 . It is requested that the March 1, 2004 agenda be amended as follows: UNFINISHED BUSINESS lla) Adopt Resolution - Sale of Refunding Bonds - Finance Award the sale of the $2,505,000 G.O. Refunding Bonds of2004D to Wells Fargo. 11 b) Adopt Resolution - Sale of Certificates of Indebtedness - Finance Award the sale of the $1,480,000 G.O. Equipment Certificates of2004C to Wells Fargo. II Q... 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, City Administrato FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution -Sale of $2,505,000 G.O. Refunding Bonds Series 2004D - Finance DATE: March 1, 2004 INTRODUCTION The City Council; at their meeting February 2, 2004 authorized the sale of $2,535,000 General Obligation Refunding Bonds of 2004D to refinance two bond issues. DISCUSSION Competitive bids for the bonds were received today in the offices of Ehlers & Associates, Inc. Preliminary estimates anticipated an interest rate of 2.99% with an anticipated present value savings of $164,241. The City received five bids. Wells Fargo was the low bidder at an interest rate of 2.6%. The amount of the bonds was decreased due to additional savings in interest and bond costs. BUDGET IMPACT Analysis of the bids will be presented at the meeting. ACTION REQUIRED Approve the attached resolution awarding the sale of the $2,505,000 G.O. Refunding Bonds of2004D to Wells Fargo. Respectfully submitted, 4tL~~ I Robin Roland Finance Director CERTIFICATION OF MINUTES RELATING TO $2,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004D Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on March 1,2004, at 7:00 o'clock p.m., at the municipal offices in Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, A WARDING THE SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004D 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 this 1 st day of March, 2004. City Administrator It was reported that _ sealed proposals for the purchase of $2,505,000 General Obligation Refunding Bonds, Series 2004D were received prior to 11 :00 o'clock a.m. on March 1,2004, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., independent financial consultant to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING THE ISSUANCE, AWARDING THE SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004D 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 General Obligation Refunding Bonds, Series 2004D (the Bonds), in the principal amount of $2,505,000, subject to adjustment in accordance with the Terms of Proposal, pursuant to Minnesota Statutes, Chapters 429, 444 and 475. The proceeds of the Bonds shall be used, together with any additional funds of the City which might be required, to refund in advance of maturity, on June 1,2004 (the Redemption Date): (a) the 2004 through 2012 maturities, aggregating $490,000 in principal amount, of the City's $850,000 General Obligation Improvement Bonds of 1999 (the 1996 Refunded Bonds), originally dated October 1, 1996; and (b) the 2004 through 2013 maturities, aggregating $1,980,000 in principal amount, of the City's $2,670,000 General Obligation Sanitary Sewer Revenue Bonds of 1998 (the 1998 Refunded Bonds), originally dated June 1, 1998. The 1996 Refunded Bonds and the 1998 Refunded Bonds are referred to herein collectively as the Refunded Bonds. The Bonds are being issued for the purpose of effecting a current refunding ofthe Refunded Bonds to reduce debt service costs to the City. 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers & Associates, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , III , and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and Interim City Administrator (the City Administrator) are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. 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 originally dated as of April 1, 2004, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2004 $230,000 % 2009 $260,000 % 2005 250,000 2010 265,000 2006 250,000 5,000 260,000 2007 260,000 2012 270,000 2008 255,000 2013 235,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis ofa 360 day year composed of twelve 30 day months. The interest on and, upon surrender of each Bond, 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 June 1 and December 1, commencing December 1,2004, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.04. Redemption. Bonds maturing in 2013 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select 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 December 1, 2012, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption, without premium. The Finance Director shall cause notice of the call for redemption thereof to be published as required 2 by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders 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. 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 owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on December 1, 20_ and 20_ (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on December 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1, 20_. Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on December 1,20_. Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment ofInitial Registrar. The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Administrator are authorized to execute and deliver, on behalf ofthe City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, ifthe resulting corporation is a bank or trust company organized under 3 the laws ofthe United States or one of the states of the United States and 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, effective upon not less than thirty days' written notice and upon the appointment and acceptance 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 register (the 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. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (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 for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (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. 4 (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 the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon 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 Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of 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 ofthe 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 City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the 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 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 the Bond has been duly executed by the manual signature of an authorized representative ofthe Registrar. Certificates of 5 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 prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (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 City 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 ofDTC. 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 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 ofDTC, 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 6 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 ofthe 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 by the Mayor or 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 prepared in substantially the following form: [The remainder of this page is intentionally left blank.] 7 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION REFUNDING BOND, SERIES 2004D Interest Rate Maturity Date Date of Original Issue CUSIP No. % December 1, 20_ April 1, 2004 311297 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: THOUSAND DOLLARS 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, with interest thereon from the date hereof at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1,2004, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption ofthe principal of this Bond before maturity. 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 at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on U.S. Bank National Association, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (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 $2,505,000, issJled pursuant to a resolution adopted by the City Council on March 1,2004 (the Resolution) to provide funds to refund certain outstanding general obligation improvement and sanitary sewer revenue bonds of the City, the proceeds of which were used to finance various improvements in the City, 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 429,444 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 2013 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select 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, 8 2012, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption, without premium. 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 redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the year 20_ and 20_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on December 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount $ $ As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books ofthe 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 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. 9 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 the City has established its General Obligation Refunding Bonds, Series 2004D Bond Fund (the Bond Fund) and has appropriated thereto special assessments heretofore levied upon property specially benefited by local improvements financed by a portion of the bonds being refunded and has covenanted and agreed it will impose and collect charges for the service, use and availability of the sanitary sewer system, at the times and in the amounts required to produce net revenues sufficient to pay the bonds attributable to the sewer system improvements. The special assessments and sanitary sewer system revenues 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 the City has appropriated such special assessments and sanitary sewer system revenue its Bond Fund for the payment of such principal and interest. 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. The 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 of Farmington, County of Dakota, State of Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. 10 CITY OF FARMINGTON, MINNESOTA (facsimile signature - City Administrator) (facsimile signature - Mayor) CER TIFICA TE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: U.S. BANK NATIONAL ASSOCIATION, 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. 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. 11 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. Upon payment for the Bonds by the Purchaser, the Finance Director shall deposit proceeds of the Bonds in the amount of $ in the sinking fund established for the Refunded Bonds to be applied to their payment on the Redemption Date; $ shall be used to pay costs of issuance of the Bonds; and $ shall be deposited in the Bond Fund created in Section 4.01 hereof. SECTION 4. GENERAL OBLIGATION REFUNDING BONDS. SERIES 2004D BOND FUND AND PLEDGE OF TAXING POWERS. 4.01. General Obligation Improvement Refunding Bonds. Series 2004D Bond Fund. The Bonds shall be payable from a separate and special General Obligation Refunding Bonds, Series 2004D Bond Fund (the Bond Fund) of the City, which Bond Fund the City agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand in other funds ofthe City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be paid: (a) any amount appropriated thereto pursuant to Section 3 hereof; (b) all excess amounts on deposit in the debt service funds maintained for the payment of the Refunded Bonds upon the retirement of the Refunded Bonds on the Redemption Date; (c) all future collections of special assessments received with respect to the improvements financed by the Refunded Bonds; (d) all net revenues of the sanitary sewer system received with respect to the sanitary sewer system improvements financed by the Refunded Bonds in accordance with Section 6 hereof; (e) ad valorem taxes collected in accordance with the provisions of Section 4.02 hereof; and (f) any other funds appropriated by the City Council for the payment of the Bonds. 4.02. 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 special assessments and net revenues of the sanitary sewer system System, together with other funds appropriated by the City to the Bond 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. 12 SECTION 5. SUFFICIENCY OF SYSTEM REVENUES. It is hereby found, determined and declared that the City owns and operates a sanitary sewer system (the System) as a revenue- producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System 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 portion of the Bonds attributable to the System improvements, 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 System. 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 System, 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 portion of the Bonds attributable to the System improvements 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 Bond Fund as required. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional bonds or other obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues ofthe System 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. 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 registered owners 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 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 and interest to become due thereon to maturity or earlier designated redemption date. Provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest 13 on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 6. CERTIFICATION OF PROCEEDINGS. 6.01. Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Dakota County and obtain a certificate that the Bonds have been duly entered upon the Auditor's bond register. 6.02. Authentication of Transcript. The officers of the City and the County Auditor 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. 6.03. Official Statement. The Official Statement relating to the Bonds, dated February 19 , 2004, and the supplement thereto, relating to the Bonds prepared and distributed by EWers & Associates, Inc. is hereby approved. EWers & 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. 6.04. Authorization ofPavment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 7. TAX COVENANTS; ARBITRAGE MATTERS; AND CONTINUING DISCLOSURE. 7.01. 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 actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (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. It is hereby certified that the proceeds of the Refunded Bonds, were used for the acquisition and betterment of municipal improvements 14 owned and maintained by the City and available for use by members of the general public on substantially equal terms. The City covenants and agrees that, so long as the Bonds are outstanding, the City shall not enter into any lease, management agreement, use agreement or other contract with any nongovernmental entity relating to the improvements so financed which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.02. Arbitrage Certification. The Mayor and 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 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. 7.03. Arbitrage Rebate Exemption. (a) It is hereby determined that the City will qualify for the exception from arbitrage rebate for the Bonds provided by Section 148(f)(4)(D) of the Code, as modified by Section 148(f)(4)(D)(v) thereof, since: (i) the Refunded Bonds qualified for the exception from arbitrage rebate provided by Section 148(f)(4)(D) of the Code; (ii) the aggregate face amount of the Bonds does not exceed $5,000,000; (iii) the weighted average maturity of the Bonds does not exceed the remaining weighted average maturity of the Refunded Bonds; and (iv) no Bond has a maturity date which is later than 30 years after the date the Refunded Bonds were issued. (b) Notwithstanding the provisions of paragraph (a) of this Section 7.03, ifthe arbitrage rebate provisions of Section 148(f) ofthe Code apply to the Bonds, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 7.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) ofthe 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 2004 does not exceed $10,000,000. 7.05. 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. S 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, 15 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, 2003, 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 16 (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 the headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend and EmploymentlUnemployment, which information may be unaudited. 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 ofthe 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. 17 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 ofthe 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; (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. 18 (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 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) ofthe Rule. 19 SECTION 8. REDEMPTION OF REFUNDED BONDS. The Finance Director is hereby directed to: (a) advise U.S. Bank National Association, St. Paul, Minnesota, successor to First Trust National Association, St. Paul, Minnesota, as paying agent for the 1996 Refunded Bonds, to call the 1996 Refunded Bonds for redemption and prepayment on June 1, 2004, and to give thirty day's mailed Notice of Redemption, substantially in the form attached hereto, all in accordance with the provisions of the resolution authorizing the issuance of the 1996 Refunded Bonds; and (b) advise U.S. Bank National Association, St. Paul, Minnesota, successor to First Trust National Association, St. Paul, Minnesota, as paying agent for the 1998 Refunded Bonds, to call the 1998 Refunded Bonds for redemption and prepayment on June 1,2004, and to give thirty day's mailed Notice of Redemption, substantially in the form attached hereto, all in accordance with the provisions of the resolution authorizing the issuance of the 1998 Refunded Bonds. 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. 20 NOTICE OF REDEMPTION $850,000 General Obligation Improvement Bonds of 1996 Dated October 1, 1996 City of Farmington, Dakota County, Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on June 1, 2004, all outstanding Bonds of the above referenced issue, dated October 1, 1996, maturing December 1 in the following years and having the interest rates and CUSIP numbers listed below: Maturity Amount CUSIP No. Rate Maturity Amount CUSIP No. Rate 2004 $60,000 311297 5.00% 2009 $55,000 311297 5.40% 2005 55,000 311297 5.10 2010 55,000 311297 5.50 2006 55,000 311297 5.20 2011 50,000 311297 5.60 2007 55,000 311297 5.25 2012 50,000 311297 5.70 2008 55,000 311297 5.30 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S. Bank National Association, St. Paul, Minnesota, successor to First Trust National Association, St. Paul, Minnesota, on or before said date, when they will cease to bear interest, in the following manner: Registered Bonds: Bearer Bonds: In Person. Bv Hand: U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164-0011 U.S. Bank National Association Corporate Trust Services P.O. Box 64452 St. Paul, MN 55164-0452 U.S. Bank National Association First Floor Bond Drop Window 60 Livingston Avenue St. Paul, MN 55107 (800) 934-6802 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Paying Agent shall not be responsible for the selection of or use of the CUSIP number, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota (651-697-8500), financial consultant to the City. Dated: March 1,2004. BY ORDER OF THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Isl City Administrator NOTICE OF REDEMPTION $2,670,000 General Obligation Sanitary Sewer Revenue Bonds of 19958 Dated June 1, 1998 City of Farmington, Dakota County, Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on June 1, 2004, all outstanding Bonds of the above referenced issue, dated June 1, 1998, maturing December 1 in the following years and having the interest rates and CUSIP numbers listed below: Maturity Amount CUSIP No. Rate Maturity Amount CUSIP No. Rate 2004 $160,000 311297 4.250% 2009 $200,000 311297 4.550% 2005 165,000 311297 4.300 2010 210,000 311297 4.625 2006 175,000 311297 4.350 2011 220,000 311297 4.625 2007 185,000 311297 4.450 2012 230,000 311297 4.65 2008 190,000 311297 4.450 2013 245,000 311297 4.65 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S. Bank National Association, St. Paul, Minnesota, successor to First Trust National Association, St. Paul, Minnesota, on or before said date, when they will cease to bear interest, in the following manner: Registered Bonds: Bearer Bonds: In Person. By Hand: U.S. Bank National Association Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164-0011 U.S. Bank National Association Corporate Trust Services P.O. Box 64452 St. Paul, MN 55164-0452 U.S. Bank National Association First Floor Bond Drop Window 60 Livingston Avenue St. Paul, MN 55107 (800) 934-6802 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Paying Agent shall not be responsible for the selection of or use of the CUSIP number, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota (651-697-8500), financial consultant to the City. Dated: March 1,2004. BY ORDER OF THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA /s/ City Administrator DAKOTA COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 1, 2004, by the City Council ofthe City of Farmington, Minnesota, setting forth the form and details of an issue of $2,505,000 General Obligation Refunding Bonds, Series 2004D, to be dated as of April 1, 2004. 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 and official seal this _ day of , 2004. Dakota County Auditor (SEAL) City of Farmington, MN Results of Bond Sale March I, 2004 $2,505,000 General Obligation Refunding Bonds, Series 20040 Low Bidder True I nterest Rate Number of Bids Rating Range of Bids Total Debt Service Principal Amount Discount Allowance Interest Savings p.v. Percent Savings True Interest Rate Bond Buyers Index Cost of Issuance Estimated* $2,535,000 $30,420 $187,354 6.479% 3.0030% 4.57% $32,500 Wells Fargo Brokerage Services, LLC 2.6356% 11 A3 2.6356% - 2.9788% Results of Sale $2,505,000 $10,240 $236,270 8.159% 2.6356% 4.49% $26,146 Accept the bid of Wells Fargo Brokerage Services, LLC and Adopt "Resolution Authorizing The Issuance, Awarding The Sale, Prescribing The Form And Details and Providing For The Payment Of $2,505,000 General Obligation Refunding Bonds, Series 2004D" Council Action *Based on the February 2,2004 estimates, the low bid is $48,916 more than estimated interest savings, $20,180 less in discount, and $6,354 less in cost of issuance costs. This allows for the decrease in the bond size by $30,000. Attachments . Bid Tabulation . Revised Debt Schedule & Debt Service Comparison BID TABULATION $2,535,000** General Obligation Refunding Bonds, Series 20040 CITY OF FARMINGTON, MINNESOTA SALE: March 1, 2004 AWARD: WELLS FARGO BROKERAGE SERVICES, LLC RATING: FSA Insured (Moody's Investors Service "Aaa")* NAME OF BIDDER MATURITY RATE REOFFERING (December 1) YIELD PRICE BBI: 4.49% NET TRUE INTEREST INTEREST COST RATE WELLS FARGO BROKERAGE SERVICES, LLC Minneapolis, Minnesota 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 RIS TRUST & SAVINGS BANK vllicago, Illinois 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 * FSA Insurance purchased by Wells Fargo Brokerage Services, LLC. 1,000% 1.100% 1.300% 1.600% 2,000% 2,375% 2.625% 3.000% 3.000% 3,200% 1.200% 2.200% 2,200% 2,250% 2,500% 2,750% 3.000% 3,000% 3.000% 3.200% $2,522,911.65 $349,985.08 2,6356% 1,000% 1.100% 1.300% 1.600% 2.000% 2,250% 2,500% 2.750% 3.000% 3.200% $2,549,172.00 $358,911.33 2,6917% **Subsequent to bid opening the issue size was decreased to $2,505,000 with the 2004 maturity decreased $10,000 to $220,000, the 2005 maturity decreased $5,000 to $245,000, the 2007 maturity decreased $5,000 to $255,000, the 2012 maturity decreased $5,000 to $265,000 and the 2013 maturity decreased $5,000 to $230,000 in maturity value. Adjusted Price - $2,493,151.65 Adjusted Net Interest Cost - $346,446.75 Adjusted TIC - 2,6339% e EHLERS & ASSOCIATES INC LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive, Rosevilie, MN 55113-1105 651.697,8500 fax 651.697.8555 www,ehlers-inc,com Offices in Rosevifle, MN, Brookfield, WI and Napervifle, IL $2,535,000 General Obligation Refunding Bonds, Series 20040 City of Farmington, Minnesota P--e 2 NAME OF BIDDER PRICE NET TRUE INTEREST INTEREST COST RATE MATURITY RATE REOFFERING (December 1) YIELD $2,523,656,80 $356,921,53 2.6937% PIPER JAFFRAY & CO. Minneapolis, Minnesota 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2,000% 2.000% 2.000% 2.000% 2,050% 2.350% 2.550% 2.750% 3.000% 3,200% ROBERT W. BAIRD & COMPANY, INC. Milwaukee, Wisconsin 2004 2.000% 2005 2.000% 2006 2.000% 2007 2.000% 2008 2.375% 2009 2.500% 2010 2.700% 2011 2.700% 2012 3,000% 2013 3.200% 2004 1.500% 2005 1.750% 2006 2.000% 2007 2.000% 2008 2.000% 2009 2.250% 2010 2.500% 2011 2.750% 2012 3.000% 2013 3.150% 2004 2.000% 2005 2.000% 2006 2.000% 2007 2.000% 2008 2.500% 2009 2.500% 2010 3.000% 2011 3.000% 2012 3.200% 2013 3.200% RBC DAIN RAUSCHER INC. Minneapolis, Minnesota CRONIN & COMPANY, INC. Minneapolis, Minnesota $2,526,406,25 $361,902.87 2.7303% $2,513,020.35 $361,662.15 2.7367% $2,538,601,85 $367,154,82 2.7594% $2,535,000 General Obligation Refunding Bonds, Series 20040 Page 3 of Farmington, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (December 1) YIELD COST RATE GRIFFIN, KUBIK, STEPHENS & THOMPSON, 2004 2,000% $2,527,521.70 $367,224,97 2.7700% INC. 2005 2.000% Chicago, Illinois 2006 2.000% 2007 2,250% 2008 2.500% 2009 2.500% 2010 2,600% 2011 2,800% 2012 3,100% 2013 3.200% BANC ONE CAPITAL MARKETS, INC. 2004 2,000% $2,520,068.30 $366,710,03 2,7704% Chicago, Illinois 2005 2.000% 2006 2,000% 2007 2.000% 2008 2,200% 2009 2.375% 2010 2,600% 2011 2,850% 2012 3.050% 2013 3,200% COMMERCE BANK, NA 2004 1 ,000% $2,506,684.05 $372,599.28 2,8193% Kansas City, Missouri 2005 1,250% 2006 1,500% 2007 1,750% 2008 2,100% 2009 2,350% 2010 2,600% 2011 2,900% 2012 3,100% 2013 3,300% NORTHLAND SECURITIES, INC. 2004 2.000% $2,515,614.35 $375,465.65 2.8398% Minneapolis, Minnesota 2005 2,000% 2006 2,000% 2007 2,000% 2008 2,200% 2009 2.400% 2010 2,700% 2011 2,900% 2012 3,100% 2013 3.200% $2,535,000 General Obligation Refunding Bonds, Series 20040 City of Farmington, Minnesota Page 4 NAME OF BIDDER PRICE NET TRUE INTEREST INTEREST COST RATE MATURITY RATE REOFFERING (December 1) YIELD UNITED BANKERS' BANK Bloomington, Minnesota Castle Rock Bank 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 1.100% 1,300% 1,500% 1.850% 2.250% 2.500% 2.800% 3,000% 3,250% 3,500% $2,504,580.00 $393,593,33 2.9788% City of Farmington, MN FINAL - Current Refunding of $850,000 G.O. Improvement Bonds, Series 1996 & $2,670,000 G.O. Sewer Bonds, Series 1998 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/01/2004 12/01/2004 220,000.00 1.000% 35,710.84 255,710,84 255,710.84 06/01/2005 25,683,13 25,683,13 12/01/2005 245,000,00 1,100% 25,683,13 270,683.13 296,366.26 06/01/2006 24,335,63 24,335,63 12/01/2006 250,000,00 1,300% 24,335,63 274,335,63 298,671,26 06/01/2007 22,710,63 22,710,63 12/01/2007 255,000.00 1.600% 22,710,63 277,710,63 300,421,26 06/01/2008 20,670,63 20,670.63 12/01/2008 255,000,00 2,000% 20,670,63 275,670,63 296,341.26 06/01/2009 18,120,63 18,120,63 12/01/2009 260,000,00 2,375% 18,120,63 278,120.63 296,241.26 06/01/2010 15,033,13 15,033,13 12/01/2010 265,000,00 2.625% 15,033.13 280,033,13 295,066.26 06/01/2011 11,555,00 11,555,00 12/01/2011 260,000,00 3,000% 11,555,00 271,555.00 283,110,00 06/01/2012 7,655,00 7,655,00 12/01/2012 265,000.00 3,000% 7,655,00 272,655,00 280,310,00 06/01/2013 3,680,00 3,680,00 12/01/2013 230,000,00 3.200% 3,680,00 233,680.00 237,360,00 Total $2,505,000.00 $334,598.40 $2,839,598.40 Yield Statistics Bond Year Dollars......,.,.,...".,..",.....,..............,......,.....,..,...,.,.,.........,..........., ....,...,..,.................,.,.,....".....,..,.........,........ $13,100.00 Average Life........,.......,..,...,........,...,.......,.,...,.,.,.,..,....,...,...........,..,.",.........,.,...,.,......"........,.,.....,.,....,...."...,.,.......,..,."., 5.230 Years Average Coupon..,..,.,..,..""..,....,.,.....,.,.....,.......,...,.,.,........"""..,.....,....,.............,...,...,.....,.,.,......".,.,..,...,..,....,.. ........,..... 2.5541863% Net Interest Cost (NI C),.,....."".....,...,...............,...",.......,...................,.,.,...,..,.."............,...........,...,...,...,.,.,..,.......,......"... 2,6446317% True Interest Cost (TiC),.,.,..,.".....,.......,...,."....,......".,...,....,...,.......,.""."...,....,......,..,...,.,.........,...,.,.",.....,....,.....,.".,...... 2.6339211 % Bond Yield for Arbitrage Purposes,..,.......,.,......",.........,..,...,.,." ......,.......,.. ".,.".....,..,..' ".,...,.,.....,........,..,.,.,........,.,......... 2,5487251 % All Inclusive Cost (AI C), .,.,.,...."."........,.....,.......,.....,.,...,.,.......,.,...,.......,................,..,.."..,.,........,.",.....,.,.......,..."..... ....... 2.8537482% IRS Form 8038 Net I nterest Cost.,.,."..,.,...........,...,.,...,.,...,...,.,..."....,...,.,.,..............,....,...,.,........, .............,.,..., ,..........."......,....".... .....".. 2.4807933% Weighted Average Maturity,.......,.......,........,...".,.,...,.,........,........ .......,......., .........,...............,.,."..............,.,..,.,...."....,..... 5.235 Years 04 cur of Ser 96 & 98 I Issue Summary Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 3 City of Farmington, MN FINAL - Current Refunding of $850,000 G.O. Improvement Bonds, Series 1996 & $2,670,000 G.O. Sewer Bonds, Series 1998 Total Issue Sources And Uses Dated 04/01/2004 I Delivered 04/01/2004 Cur96 $850K Cur98 $2,670K Issue Summary SOURCES OF FUNDS Par Amount of Bonds................................................................ Reoffering Premium""",.,.,.,."."....,.,.,.,.""."".",....,.,.".",.,...".. Estimated Interest Earnings 4/1/2004 - 6/1/2004....................... $495,000.00 1,553,30 632,34 $2,010,000,00 6,638,35 2,567,66 $2,505,000,00 8,191.65 3,200,00 TOTAL SOURCES.................................................................... $497,185.64 $2,019,206.01 $2,516,391.65 USES OF FUNDS Total Underwriter's Discount (0.409%)...................................... Costs of Issuance.,..,.,...,...,...,.,...,......,.,......,.".,."...,.,..,...,...,..,. Gross Bond Insurance Premium................................................ Deposit to Current Refunding Fund........................................... Rounding Amount.".,...."............,.,..,..,.....,...""."...,.,.,...""..",.. 2,023.47 5,166,64 1 ,885.42 490,000,00 (1,889,89) 8,216,53 20,979,69 7,914,58 1,980,000.00 2,095.21 10,240.00 26,146,33 9,800.00 2,470,000,00 205,32 TOTAL USES............................................................................ $497,185.64 $2,019,206.01 $2,516,391.65 04 cur of Ser 96 & 98 I Issue Summary Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 4 City of Farmington, MN FINAL - Current Refunding of $850,000 G.O. Improvement Bonds, Series 1996 & $2,670,000 G. O. Sewer Bonds, Series 1998 Debt Service Comparison Date Total P+I Net New DIS Old Net DIS Savings 12/01/2004 255,710,84 255,710,84 277,691.25 21,980.41 12/01/2005 296,366,26 296,366.26 325,582,50 29,216.24 12/01/2006 298,671,26 298,671.26 325,682,50 27,011.24 12/01/2007 300,421,26 300,421.26 325,210,00 24,788,74 12/01/2008 296,341.26 296,341.26 319,090,00 22,748,74 12/01/2009 296,241,26 296,241,26 317,720,00 21,478.74 12/01/2010 295,066,26 295,066,26 315,650,00 20,583,74 12/01/2011 283,110,00 283,110,00 307,912,50 24,802.50 12/01/2012 280,310.00 280,310,00 304,937.50 24,627,50 12/01/2013 237,360,00 237,360,00 256,392.50 19,032,50 Total $2,839,598.40 $2,839,598,40 $3,075,868.75 $236,270,35 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings, ,.,.,.".,'.' ".,...,......,...., "..."...,....,.."" ,...,.......'...,...." ""'" ",., '..".....".,.....,.,'."."." '.,... ,.".,. 207,369.90 Net PV Cashflow Savings @ 2.854%(AIC)..........................,.........,.................................................................................. 207,369,90 T atal Cash contribution."",.,....".,.,..,.,.,...,..,...".,...",."".,......,."..."""....."..."."....,.""""".."...".,.,............,... ..".,...,.,.,...., (3,200.00) Contingency or Rounding Amount...",....".,.,....,.,.,. .....,...,.,.,..,',..,.,..."..,.....,.,..""...,.,.,...",.,...,..,..",...,.,."".,..,..,.,....,.,.,.,. 205,32 Net Present Value Benefit.".,.",....".."".,."...".,...,.,...,....,."."...,.......""...".,..,.",.....,."....,.",..."..,."..,.""...,.....".....,......... $204,375,22 Net PV Benefit / $2,470,000 Refunded Principal........................................................................,...................................... Net PV Benefit / $2,505,000 Refunding Principal.............................................................................................................. 8,274% 8.159% Refunding Bond Information Refunding Dated Date.,.,.,..".....,...,....,."".,.".......,.,..,.........,.,.,...,.,...,.....,.....,....."....,..",.......,....,........,...,........."............,. 4/01/2004 Refunding Delivery Date.,....,.,..,.,.,..,......"....,.",....",. ............".,...,........,....,.........",...,...,.,.,.,..."..,. .......,...,.",.,..,.....,......,. 4/01/2004 04 cur of Ser 96 & 98 I Issue Summary Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 5 1117 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrat FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution -Sale of$I,480,000 G.O. Equipment Certificates 2004C - Finance DATE: March 1, 2004 INTRODUCTION The City Council, at their meeting February 2, 2004 authorized the sale of G.O. Equipment Certificates of 2004C to finance budgeted capital acquisition in 2004. DISCUSSION Competitive bids for the bonds were received today in the offices of Ehlers & Associates, Inc. Preliminary estimates anticipated an interest rate of 2.99% with an anticipated 5 year interest cost of $102,931.88 The City received six bids. Wells Fargo was the low bidder at an interest rate of2.018%, giving a 5 year interest cost of$88,428.75. BUDGET IMPACT Analysis of the bids will be presented at the meeting. ACTION REQUIRED Approve the attached resolution awarding the sale of the $1,480,000 G.O. Equipment Certificates of 2004C to Wells Fargo. Respectfully submitted, ~$-/ ./ Robin Roland Finance Director CERTIFICATION OF MINUTES RELATING TO $1,480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held March 1,2004, at 7:00 o'clock p.m., at the municipal offices in Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, AWARDING THE SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the equipment certificates referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said equipment certificates; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 15t day of March, 2004. City Administrator It was reported that _ sealed proposals for the purchase of$I,480,000 General Obligation Equipment Certificates, Series 2004C were received prior to 11 :00 0' clock a.m., pursuant to the Official Statement distributed to potential purchasers of the Certificates by EWers & Associates, Inc., independent financial consultant to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: (See Attached) Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING THE ISSUANCE, A WARDING THE SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C 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 General Obligation Equipment Certificates, Series 200A (the Certificates), in the principal amount of $1 ,480,000, subject to adjustment in accordance with the Terms of Proposal, pursuant to Minnesota Statutes, Section 412.301 and Chapter 475 . The proceeds of the Certificates will be used, together with any additional funds of the City which might be required, to finance the costs of acquiring various items of capital equipment. Said items of capital equipment have a useful life not less than the term of the Certificates. The principal amount of the Certificates does not exceed .25 percent of the market value of taxable property in the City. Accordingly, publication ofthis resolution in the City's official newspaper is not required and the Certificates are not subject to approval at an election. 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers & Associates, Inc., sealed proposals for the purchase of the Certificates were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , III , , and associates (the Purchaser), to purchase the Certificates at a price of $ plus accrued interest on all Certificates to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Certificates is hereby awarded to the Purchaser and the Mayor and Interim City Administrator (the City Administrator) are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Certificates in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Certificates have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. CERTIFICATE TERMS~ REGISTRATION~ EXECUTION AND DELIVERY. 2.01. Issuance of Certificates. 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 Certificates 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 Certificates, to provide security therefor and to issue the Certificates forthwith. 2.02. Maturities~ Interest Rates~ Denominations and Payment. The Certificates shall be originally dated as of April 1 , 2004, 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 at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2005 $185,000 % 2006 375,000 2007 300,000 2008 305,000 2009 315,000 The interest thereon and, upon surrender of each Certificate, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. [REVISE MATURITY SCHEDULE FOR ANY TERM CERTIFICATES] 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Certificates 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 Certificate so delivered, exchanged or transferred. Interest on the Certificates shall be payable on February 1 and August 1, commencing August 1, 2004, each such date being referred to herein as an Interest Payment Date, to the person in whose names the Certificates 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 ofa 360 day year composed of twelve 30 day months. 2.04. Redemption. The Certificates shall not be subject to optional redemption prior to their stated maturities. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM CERTIFICATES] [Certificates maturing on February 1,200_ and 200_ (the Term Certificates) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for 2 redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Certificates: Year Principal Amount The remaining $ maturity on February 1,200_. stated principal amount of such Certificates shall be paid at Year Principal Amount The remaining $ maturity on February 1,200_. stated principal amount of such Certificates shall be paid at The Finance Director 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 call for redemption to be mailed, by first class mail, to the registered holders of any Certificates 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 Certificate not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Certificates or portions of Certificates 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 Certificates or portions of Certificates shall cease to bear interest. Upon partial redemption of any Certificate, a new Certificate or Certificates will be delivered to the owner without charge, representing the remaining principal amount outstanding.] 2.05. Appointment ofInitial Registrar. The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and 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 organized under the laws of the United States or one of the states of the United States and 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, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Certificates in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 3 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 a bond register in which the Registrar shall provide for the registration of ownership of Certificates and the registration of transfers and exchanges of Certificates entitled to be registered, transferred or exchanged. (b) Transfer of Certificates. Upon surrender for transfer of any Certificate 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 Certificates 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 Certificates. Whenever any Certificates are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Certificates of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Certificates 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 Certificate is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Certificate 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. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Certificate is at any time registered in the bond register as the absolute owner of the Certificate, whether the Certificate shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Certificate and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Certificate to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Certificates (except for an exchange upon a partial redemption of a Certificate), 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. 4 (h) Mutilated, Lost. Stolen or Destroved Certificates. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Certificate of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Certificate or in lieu of and in substitution for any Certificate 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 Certificate destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Certificate was destroyed, stolen or lost, and ofthe 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 Certificates 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 Certificate has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Certificate prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Certificates, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. G) Valid Obligations. All Certificates issued upon any transfer or exchange of Certificates shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Certificates surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Certificates shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the 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 Certificates shall cease to be such officer before the delivery of any Certificate, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe had remained in office until delivery. Notwithstanding such execution, no Certificate 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 the Certificate has been duly executed by the manual signature of the Registrar. The executed certificate of authentication on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Certificates have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Form of Certificates. The Certificates shall be prepared in substantially the following form: 5 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION EQUIPMENT CER TIFICA TE, SERIES 2004C Interest Rate Date of Original Issue Maturity Date CUSIP No. % April 1, 2004 February 1,200_ 311297 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF FARMINGTON, COUNTY OF DAKOTA, 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, without option of prior payment, and promises to pay interest thereon from the date of original issue specified above or from the most recent interest payment date 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 August 1, 2004, to the person in whose name this Certificate is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. 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 at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on U.S. Bank National Association, as bond registrar, transfer agent and paying agent (the Registrar), or its successor designated 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 Certificate is one of an issue in the aggregate principal amount of $1 ,480,000 issued pursuant to a resolution adopted by the City Council on March 1,2004 (the Resolution), to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM CERTIFICATES] [Certificates maturing in the year 200_ and 200_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: 6 Term Certificates Maturing in 200- Term Certificates Maturing in 200- Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount $ $ The Finance Director 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 call for redemption to be mailed, by first class mail, to the registered holders of any Certificates 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 Certificate not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Certificates or portions of Certificates 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 Certificates or portions of Certificates shall cease to bear interest. Upon partial redemption of any Certificate, a new Certificate or Certificates will be delivered to the owner without charge, representing the remaining principal amount outstanding.] As provided in the Resolution and subject to certain limitations set forth therein, this Certificate is transferable upon the books ofthe City at the office ofthe Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereoftogether 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 Certificates of other authorized denominations. Upon such transfer or exchange the City will cause a new Certificate or Certificates to be issued in the name of the transferee or registered owner, ofthe 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 Certificates have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. The City and the Registrar may deem and treat the person in whose name this Certificate is registered as the absolute owner hereof, whether this Certificate 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. 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 Certificate 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 levied ad valorem taxes on all taxable property in the 7 City, which taxes 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 Certificates when due, and has appropriated such taxes to its General Obligation Equipment Certificates, Series 2004C Bond Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance ofthis Certificate, 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. This Certificate 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 manual signature of the Registrar. IN WITNESS WHEREOF, the City of Farmington, County of Dakota, Minnesota, by its City Council, has caused this Certificate to be executed on its behalf by the facsimile signatures of the Mayor and City Administrator and has caused this Certificate to be dated as of the date set forth below. CITY OF FARMINGTON, MINNESOTA (facsimile signature -- City Administrator) (facsimile signature -- Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Certificates delivered pursuant to the Resolution mentioned within. Date of Authentication: U.S. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative [insert legal opinion] The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to 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 8 JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Certificate on the books kept for registration of the within Certificate, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or 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 certificate form] SECTION 3. GENERAL OBLIGATION EQUIPMENT CERTIFICATES. SERIES 2004C BOND FUND. So long as any of the Certificates are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Equipment Certificates, Series 2004C Bond Fund (the Bond Fund), and the principal of and interest on the Certificates shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund (a) all taxes levied and collected in accordance with this Resolution and (b) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Certificates payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond 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. 9 SECTION 4. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Certificates as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Certificates, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2004-2007 2005-2008 See attached Levy Computation The taxes shall be irrepealable as long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 5. DEFEASANCE. When all of the Certificates have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates 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 Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a 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 and interest to become due thereon to maturity. SECTION 6. CERTIFICATION OF PROCEEDINGS. 6.01. Registration of Certificates. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Dakota County and obtain a certificate that the Certificates have been duly entered upon the County Auditor's bond register and that the tax for the payment of the Certificates has been levied as required by law. 6.02. Authentication of Transcriot. The officers of the City and the County Auditor 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 Certificates and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Certificates, 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. 10 6.03. Official Statement. The Official Statement relating to the Certificates, dated February 19 , 2004, and the supplement thereto, relating to the Certificates prepared and distributed by Ehlers & Associates, Inc. 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 Certificates 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. 6.04. Authorization ofPavment of Certain Costs of Issuance of the Certificates. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 7. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 7.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Certificates that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Certificates to become includable in gross income of the recipient under the Internal Revenue Code of 1986 (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 Certificates will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that all proceeds of the Certificates will be expended solely for the payment of the costs of acquisition of capital equipment to be owned and maintained by the City and used in the City's general governmental operations. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Certificates which might cause the Certificates to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.02. Arbitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Certificates 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 Certificates which make it reasonable to expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be "arbitrage bonds" within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate Exemption. It is hereby found that the City has general taxing powers, that no Certificate is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Certificates are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt 11 obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2004 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)( 4 )(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 7.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Certificates 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 2004 does not exceed $10,000,000. 7.05. Reimbursement. The City certifies that the proceeds of the Certificates will not be used by the City to reimburse itself for any expenditure with respect to the equipment which the City paid or will have paid more than 60 days prior to the issuance of the Certificates 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 equipment meeting the requirements of Section 1. 150-2(f)(1 ) of the Regulations, or (ii) with respect to "preliminary expenditures" for the equipment as defined in Section 1.150- 2(f)(2) ofthe Regulations which in the aggregate do not exceed 20% ofthe "issue price" ofthe Certificates. 7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Certificates and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Certificates to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. S 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 Certificates, 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 Certificates. The City is the only obligated person in respect of the Certificates 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 Certificates, 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 Certificates or under any other provision of this resolution. As used in this section, Owner or Certificateowner means, in respect of a Certificate, 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 12 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 Certificate, 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 Certificate (including persons or entities holding Certificates through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Certificate 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 ofthe City, commencing with the fiscal year ending December 31, 2003, the following financial information and operating data in respect ofthe 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 ofthe type contained in the Official Statement under the headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend and EmploymentlUnemployment, which information may be unaudited. 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 13 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 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 Certificate 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 Certificate 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; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation 14 provided by the City under subsection (d)(2); (C) the termination ofthe 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 Certificates at the request of the City and, at the expense of such Certificateowner, to any Certificateowner 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 Certificates 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 Certificates 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 provided in paragraph (c )(3) hereof) or the consent of the Owners of any Certificates, 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 15 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 Certificates, 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 Certificateowners 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, ofthe 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. 16 DAKOTA COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Dakota County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 1,2004, by the City Council of the City of Farmington, Minnesota, setting forth the form and details of an issue of $1 ,480,000 General Obligation Equipment Certificates, Series 2004C, to be dated as of April 1, 2004, and levying taxes for their payment. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal on this _ day of , 2004. Dakota County Auditor (SEAL) City of Farmington, MN Results of Bond Sale March 1,2004 $1,480,000 General Obligation Equipment Certificates, Series 2004C Low Bidder Wells Fargo Brokerage Services, LLC Number of Bids Rating Range of Bids Total Debt Service 2.0180% 9 A3 True I nterest Rate 2.0180% - 2.3897% Estimated * Results of Sale Principal Amount Discount Allowance Total Coupon Interest Cost T rue Interest Rate Bond Buyers Index Cost of Issuance $1,480,000 $7,400 $102,932 2.4511 % 4.57% $23,500 $1,480,000 $5,180 $83,249 2.0180% 4.49% $14,734 Council Action Accept the bid of Wells Fargo Brokerage Serivces, LLS and adopt "Resolution Authorizing The Issuance, Awarding The Sale, Prescribing The Form And Details and Providing For The Payment Of $1,480,000 General Obligation Equipment Certificates, Series 2004C" *Based on the February 2,2004 estimates, the low bid is $19,683 less than estimated interest costs, $2,220 less in discount, and $8,766 less in cost of issuance costs. Attachments . Bid Tabulation . Revised Debt Schedule . Bond Buyers Index Chart BID TABULATION $1,480,000 General Obligation Equipment Certificates, Series2004C CITY OF FARMINGTON, MINNESOTA SALE: March 1, 2004 AWARD: WELLS FARGO BROKERAGE SERVICES, LLC RATING: Moody's Investors Service "A3" 881: 4.49% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE WELLS FARGO BROKERAGE SERVICES, LLC 2005 1,000% 1.000% $1,474,820.00 $88,428.75 2.0180% Minneapolis, Minnesota 2006 1.350% 1.350% 2007 1,650% 1,650% 2008 2,000% 2.000% 2009 2,300% 2,300% NORTHLAND SECURITIES, INC. 2005 1 .1 00% $1,472,970.00 $91,201.67 2.0834% Minneapolis, Minnesota 2006 1.400% 2007 1.700% 2008 2.000% 2009 2.300% PIPER JAFFRAY & CO. 2005 2.000% $1,480,821.55 $91,412.62 2,0837% Minneapolis, Minnesota 2006 2,000% 2007 2.000% 2008 2.000% 2009 2.300% CRONIN & COMPANY, INC. 2005 2.000% $1,489,269.70 $91,855.30 2.0843% Minneapolis, Minnesota 2006 2.000% UBS FINANCIAL SERVICES INC, 2007 2,000% Chicago, Illinois 2008 2,500% CITIGROUP GLOBAL MARKETS, INC. 2009 2,500% Chicago, Illinois CIBC WORLD MARKETS New York, New York CITIZENS BANK Flint, Michigan KIRLIN SECURITIES, INC, Syosset, New York UNITED BANKERS' BANK 2005 1,150% $1,473,247.50 $92,347.08 2.1091% Bloomington, Minnesota 2006 1.400% Castle Rock Bank 2007 1.700% 2008 2.050% 2009 2,350% & ASSOCIATES INC LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive, Roseville, MN 55113,1105 651.697,8500 fax 651.697.8555 www,ehlers-inc,com Offices in RoseviI/e, MN, Brookfield, WI and NaperviI/e, IL e EHLERS $1,480,000 General Obligation Equipment Certificates, Series 2004C City of Farmington, Minnesota Page 2 .. NAME OF BIDDER MATURITY RATE REOFFERING (February 1) YIELD 2005 1,750% 2006 2,000% 2007 2,000% 2008 2.000% 2009 2.250% 2005 2,000% 2006 2,000% 2007 2.250% 2008 2.500% 2009 2,750% 2005 2,250% 2006 2.250% 2007 2.250% 2008 2.500% 2009 2.500% 2005 2.100% 2006 2.100% 2007 2.100% 2008 2,200% 2009 2.350% PRICE NET TRUE INTEREST INTEREST COST RATE RBC DAIN RAUSCHER INC, Minneapolis, Minnesota $1,473,833,50 $97,254.00 2.2241 % ROBERT W. BAIRD & COMPANY, INC. Milwaukee, Wisconsin $1,487,426.00 $99,630.25 2.2619% GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. Chicago, Illinois $1,480,840.40 $104,513.77 2.3824% COMMERCE BANK, NA Kansas City, Missouri $1,472,600,00 $104,425.42 2.3M-% Farmington, MN $1,480,000 G.O. Equipment Certificates, Series Apri/1, 2004 Sources & Uses Dated 04/01/20041 Delivered 04101/2004 Sources Of Funds Par Amount of Bonds...,.,.,.,...,.,.....,...."...,.,..,.,.,...,.,........,.,."..,.....,.,.,..,.",.....,.,.,.....".,...,......,....,.......,..".,...".....,..,...... $1,480,000.00 Total Sources................................................................................ ........... ..................... ................................................ $1,480,000.00 Uses Of Funds Total Underwriter's Discount (0.350%),...,.,.............,...,.,...".".,.......,.,...,...,...."..."."........,.,.,....,.......,.,...,.,. ......."...,...... Costs of Issuance",."..,.,...",.....,.,.....,.,...,.,."..."..""....,.,..,."....,...,..........,.,.",...,..,...."...,.,...".,.,...,.,.,...,.....,..., ,..",.,..... Deposit to Project Construction Fund,.,.,.,.,."...,.,.,.,..,.,.."."......,.,.,.,..."...........,...,.,......,......"""...,.,...,.,..,.,..,.,......,."..., Deposit to Debt Service Fd - Unused Discount............................................................................................................... 5,180.00 14,733.67 1,457,866.33 2,220,00 Total Uses........................................................... ................. ........ ............. ........ ................................ .................. .......... $1,480,000.00 04 Equip Cert $1,500K & $ I Issue Summary Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 1 Farmington, MN $1,480,000 G.O. Equipment Certificates, Series Apri/1, 2004 Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2004 08/01/2004 8,402.50 8,402.50 02/01/2005 185,000.00 1.000% 12,603,75 197,603,75 08/01/2005 11,678.75 11,678,75 02/01/2006 375,000.00 1.350% 11,678.75 386,678.75 08/01/2006 9,147,50 9,147.50 02/01/2007 300,000.00 1.650% 9,147.50 309,147.50 08/01/2007 6,672.50 6,672,50 02/01/2008 305,000,00 2.000% 6,672,50 311,672.50 08/01/2008 3,622,50 3,622,50 02/01/2009 315,000,00 2.300% 3,622.50 318,622,50 Total $1,480,000.00 $83,248,75 $1,563,248.75 Yield Statistics Fiscal Total 206,006.25 398,357,50 318,295.00 318,345,00 322,245.00 Bond Year Dollars",.",.,.........",.,."".......,...,......,.,......,.......,.....,...,.,.,....."""""."......,.....,.,.",..,."....",.,.,..."."",.,.,. '.'.,..,. $4,383,33 Average Life,.."..,..".".....,.,.,....",.,."".,.,............",..,...,.,.,...,..",...",."".".,.,.",..,..,."",.,.,.,....,...."..,.,.,....", .,.,'.",.,."..,.,.,.. 2, 962 Years Average Coupon....".,...".,.,....,.,.""..."".".....,...,.",.,.",.,.,.....".,...,.,.,...,.,.,..".,........,."."...,.,.,..,..,..,.""",.,.. ,.,.",...,....,.",.. 1,8992110% Net I nterest Cost (N I C)"...,.""".,.".,.......",.,."....,.",.....,.,.""...,.,.,...,.,.,.,.",.,.,..,.".""."......",....".,.".,.",.,.,.."."",. ."..".,... 2.0173859% True Interest Cost (TIC)",.,..".,.",...,.".,...""......""..."".,..,.,.,....,.,."",.,..",.,."""",.."".",.,...,.,."..,.,.,.",....,.".,..". ,.,.,.,.,..,. 2,0180763% Bond Yield for Arbitrage Purposes, ",., ".,.,.",.. ...,.,.,.,..., ........."." ",.,.,.",."'.,.,.',.".",..".,,, ,.,...,..""..,..,..,.,.,....., "" ,.,.,.....".. 1,8952645% All Inclusive Cost (AIC)..,.... ........................................ ................... ............ ..........., ................. ...................... ............ ......... 2.3707041 % IRS Form 8038 Net I nterest Cost."..,.,...,.."..".,...,..,...,.,..".,......".,...,.,.",...,...".",.",..."",...,..",.".,..,.",...,.",.".,."",.....,.,.,. ".."",..".......,. 1,8992110% Weighted Average Maturity.",.,.,.,.,.,.."",.""".,...,.,.",...,.".".,..,.,.,.,.",...,...,..""..".,.,..,.,."",.,.,..,.".",."".",.".,. ",...",.,.,... 2.962 Years 04 Equip Cert $1,500K & $ I Issue Summary Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 2 Farmington, MN $1,335,000 G.O. Equipment Certificates, Series Apri/1, 2004 Purpose One - Equipment Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2004 08/01/2004 7,814,17 7,814,17 02/01/2005 130,000.00 1.000% 11,721.25 141,721.25 08/01/2005 11,071.25 11,071.25 02101/2006 285,000,00 1,350% 11,071.25 296,071,25 08/01/2006 9,147.50 9,147,50 02/01/2007 300,000.00 1.650% 9,147,50 309,147.50 08/01/2007 6,672,50 6,672.50 02/01/2008 305,000.00 2.000% 6,672.50 311,672.50 08/01/2008 3,622,50 3,622,50 02101/2009 315,000,00 2.300% 3,622,50 318,622.50 Total $1,335,000,00 $80,562.92 $1,415,562.92 Yield Statistics Fiscal Total 149,535.42 307,142.50 318,295.00 318,345.00 322,245,00 Bond Year Dollars.,.,..,.".."",.......,.",..""."..,.,.,.",.,.,.,.....,..,."...".."..,...,......"....,.,...."..,.".......,..,.",...,...,..,..,.,.., ,.,.,.,....,. $4,172.50 Average Life"...,......",...".".",..,.",.",..."""..".,........",.,.,...".""..,.,..,.....,.,.,.,.,...""...",..",.,."..,.,.",...,.", ...."....,.".,...,...... 3,125 Years Average Coupon.,.,.."."",."""",.,."",.,.,....,.,.,.,.."",..,..,......,....".,.,....",...,.",...,.,...,..,...,."...,.,.".....,....,..,., ..,..,..,.,..,.....,.,. 1.9308070% Net I nterest Cost (N IC),..,.",.,."....".,..""",.".....",.,.,.....,.,...,...,."......",.,.,..,....""...,...,.."",....,."..".,.,.",.,.,..,....", "".,.,...., 2,0549531 % True Interest Cost (TIC)".".,.,....,.",."",."...".....,.,."...."",.".""....,.".,.,.,...,..,.."".....,.,.."..,....".,.,.",.,...,."".".".,.. ..'......... 2.0564876% Bond Yield for Arbitrage Purposes.,.,.."..",., '..,..., "" ,...."...,'."..,.,..., ,." ,.,.,., ,."".,.,....""..,..,...", "." ,...,.,.,.,..,.".".,..,.....,..,.. 1,8952645% All Inclusive Cost (AIC)....,.".,....,."..",.,..,.,.,.,.,..."""..,.,."..,."..,.,..."",.......".,.,.,.,.,.....,."..,......."",...,.""""."."." .."...,'.... 2.4279431 % IRS Form 8038 Net I nterest Cost....,."."."..,....",.,.,.""..,..",.."..,...,.,.,.",...,.,...,.,..".,.,....."".,."",...,.."....,.,..,.,..,...,.,.....",.,..... .".".,..,,'.,.,. 1.9308070% Weighted Average Maturity.,.."",.".....".,.....,..".,...,.,.,.,.,.,..,.".,..,."".........,..,...,...,...,.,.."........,.,. ......,.",.,.',."."...,.,'.....,.. 3,125 Years 04 Equip Cert $1,500K & $ I Equipment Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 4 .\ " Farmington, MN $1,335,000 G.O. Equipment Certificates, Series Apri/1, 2004 Purpose One - Equipment Net Debt Service Schedule Date Principal Coupon Interest Total P+I Existing D/S Net New D/S Fiscal Total 04/01/2004 08/01/2004 7,814,17 7,814.17 7,814,17 02/01/2005 130,000.00 1,000% 11,721.25 141,721.25 164,000.00 305,721.25 313,535,42 08/01/2005 11,071.25 11,071.25 11,071.25 02101/2006 285,000.00 1.350% 11,071.25 296,071,25 12,000,00 308,071.25 319,142.50 08/01/2006 9,147.50 9,147.50 9,147.50 02/01/2007 300,000,00 1.650% 9,147.50 309,147,50 309,147,50 318,295,00 08/01/2007 6,672.50 6,672.50 6,672.50 02/01/2008 305,000,00 2.000% 6,672.50 311,672,50 311,672,50 318,345,00 08/01/2008 3,622,50 3,622.50 3,622.50 02101/2009 315,000,00 2,300% 3,622.50 318,622.50 318,622.50 322,245,00 Total $1,335,000,00 $80,562.92 $1,415,562,92 $176,000.00 $1,591,562.92 04 Equip Cert $1,500K & $ I Equipment Ehlers & Associates, Inc. Leaders in Public Finance since 1955 Page 5 ~o ..- -e ctI .c c..> ~ ~ co I co co "<t o o N -- CO N -- N /,;( a.- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: (j(V Mayor, Council Members, ~ City Administrator ~ Lee Smick, AICP City Planner TO: SUBJECT: Adopt Ordinance - Amending Sign Ordinance DATE: March 1, 2004 INTRODUCTION Staff proposes amending Section 10-6-3 (B) subd. 5 (c) by adding Business Directional Signs within developments and amending Section 10-6-3 (B) subd. 5 (e) by adding Projecting Signs to the sign code. The proposed ordinance amendments are attached. DISCUSSION On February 10, 2004, the Planning Commission recommended allowing business directional signs and projecting signs in the Spruce Street Commercial, Mixed-Use, and Business/Commercial Flex Zoning Districts. The recommendation proposed that the Spruce Street Commercial Zoning District in the sign code be expanded to include the Mixed-Use and Business/Commercial Flex Zoning Districts in Section 10-6-3 (B) subd. 5 (see attached ordinance amendment). The recommendation by the Planning Commission also proposed that business directional signs be allowed in order to safely direct traffic to businesses located within the development. The business directional sign language is proposed to be inserted into the existing Section 10-6-3 (B) subd. 5 ( c) concerning On Premises/Traffic Directional Signs under the district category of Spruce Street Commercial, Mixed-Use, and Business/Commercial Flex Zoning. On February 10, 2004, the Planning Commission also recommended allowing projecting signs (see attached photos) within the Spruce Street, Mixed-Use, and Business/Commercial Flex Zoning Districts in Section 10-6-3- (B) subd. 5 (e) of the sign code (see attached ordinance amendment). At the February 17, 2004 City Council meeting, the Council approved Design Standards that allow for the installation of projecting signs in the Spruce Street Commercial, Mixed Use and Business/Commercial Flex zoning district. Staff is requesting that the City Council approve the insertion of language authorizing projecting signs in Section 10-6-3 (B) subd. 5 (e) of the sign code. RECOMMENDED ACTION Approve the proposed amendment to Section 10-6-3 (B) Subd. 5 by amending the Spruce Street Commercial District to include Mixed-Use and Business/Commercial Flex and amending Section 10-6-3 (B) Subd. 5 (c) concerning Off Premises/Traffic Directional Signs by adding Business Directional Signs and adding Section 10-6-3 (B) Subd. 5 (e) concerning Projecting Signs. Respectfully Submitted, ~ 'I '~-, ':';,"'-..12-<2 ~~ U c...-J Lee Smick, AICP City Planner CITY OF FARMINGTON DAKOTA COUNTY. MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 CHAPTER 6 OF THE FARMINGTON CITY CODE. THE CITY'S ZONING ORDINANCE. CONCERNING BUSINESS DIRECTIONAL AND PROJECTING SIGNS PERMITTED IN THE SPRUCE STREET COMMERCIAL. MIXED-USE AND BUSINESS/FLEX ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The attached draft of Section 10-6-3(B)(5) of the Farminlrton Citv Code is herebv amended in its entirety to read as follows: 5. Spruce Street Commercial. Mixed-Use. and Business/Flex Zoning OistrictDistricts: (a) Single Occupant Building: (1) Monument: A. Under one hundred thousand (100,000) square feet: One monument sign for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. Signs shall not exceed one hundred (100) square feet in sign area per sign with a maximum height often feet (10'). Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections. B. Over one hundred thousand (100,000) square feet: One monument sign per street frontage for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. Primary sign shall not exceed one hundred fifty (150) square feet in sign area per sign with a maximum height of fifteen feet (15'); secondary street frontage sign shall not exceed sixty (60) square feet in area per sign with a maximum height of six feet (6'). Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections. (2) Wall: The total sign area on the building may not exceed sixteen percent (16%) of the building facade or four hundred (400) square feet per building face. (b) Multiple Occupant Building: (1) Monument: One monument sign per street frontage may be erected on a lot. Lots adjacent to more than one street may have one sign per street frontage. Primary sign shall not exceed two hundred (200) square feet in sign area per sign with a maximum height of twenty feet (20'); secondary street frontage sign shall not exceed seventy five (75) square feet in sign area per sign with a maximum height of six feet (6'). Monument signs may include the name of the development and up to four (4) tenants of the development. Said signs shall be located at least ten feet (I 0') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections. (2) Wall: The total sign area on the building may not exceed sixteen percent (16%) of the building facade or four hundred (400) square feet. (3) Sign Plan: Multiple occupancy buildings shall submit a sign plan that will coordinate signage for the entire project. The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. The plan shall be reviewed and approved by the zoning officer prior to the issuance of a sign permit for the building. The owner of the building is responsible to obtain the sign permit, comply with the approved sign criteria and ensure that signs erected are in compliance with the approved sign plan. (c) On Premises/Traffic Directional Signs: Where one-way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than two (2) square feet in sign area may be placed at a driveway within five feet (5') ofthe street right of way. A directional sign indicating the entrance to a two- way driveway may be required where the zoning officer deems it is necessary to safely direct the traveling public. Business directional silms are allowed within a develooment at no more than two (2) SQuare feet in silm area to direct traffic to business locations. (d) Marquee Signs: Marquee signs are allowed on theater buildings in the sse district and may be placed on the vertical face of the building and may project from the lower edge of the marquee not more than twenty four inches (24"), but the bottom of a sign placed on a marquee shall be no less than eight feet (8') above the ground at any point. No part of the sign shall extend above the top ofthe roofline for a covered walk or above the top of the vertical face of the marquee. (e) Proiecting signs: 1. Tvoe of Silmage: No advertising silmage is allowed: onlv business identification silms are oermitted. 2. Proiectimr: The silm shall be oeroendicular to the surface of the building and the silm mav be no more than one (1) foot thick. 3. Size: Proiecting silms mav oroiect no more than four (4) feet from the front edge of the building and be no more than twelve (12) SQuare feet in area. 4. Height: The bottom of the oroiecting silm must be at least 8 feet above sidewalk grade. 5. Materials: Proiecting silms must be aDDroved bv the Planning eommission during the silm Dermit aDDlication orocess. 6. Illumination: Proiecting silms mav be lit with external lighting onlv and shall comDlv with Section 10-6-8 of the Citv Code. 7. Public Right-Of- W av: Proiecting silms mav not extend over a Dubhe right-of- wav or Dublic DroDertv (exceDt a sidewalk or trail Dortion thereof) exceDt bv conditional use Dermit. ~ Parking SDace or Loading Dock: Proiecting silms mav not extend over a desilmated Darking sDace or loading area. 9. Box Silms: Proiecting box silms or cabinet silms are orohibited. SECTION 2. Effective Date. This ordinance shall be effective uDon its Dassage and Dublication according to law. ADOPTED this Farmington. dav of 2004. bv the eitv Council of the Citv of eITY OF FARMINGTON Bv: Gerald Ristow. Mavor ATTEST: Bv: eitv Administrator SEAL Bv: Citv Attornev Published in the Farmington IndeDendent the dav of .2004. fJrrtltf! )fr'& dl11;k~{,/,if Z>StjI4 ft~~ ~~~d ~ I~ ~~ story. To the extent practical or feasible, variations in roof lines or heights shall be used to differentiate separately-leased commercial spaces within buildings. 5. Windows: Windows shall be provided on walls that are adjacent to public or private rights-of-way, parking lots and sidewalks. False windows are allowed. Q Projections: Buildings may have one of the following projecting from the building fayade: (a) Awnings/canopies over the first floor windows and along the frontage of all building entrances. (I) Projection: Awnings and canopies shall not project more than 5 feet into the public right-of-way, except where located above an entrance, in which case the maximum projection shall not exceed 8 feet. In no event should an awning or canopy be supported by poles or other structural elements located in the public right-of-way. (2) Length: Awnings and canopies should emphasize the rhythm of the fayade bays, windows and entrances, and shall not continue uninterrupted along the building fayade. (3) Height: The bottom of awnings and canopies should be at least 8 feet above sidewalk grade. (4) Illumination: Back-lit awnings and canopies are not permitted. (5) Inscription: Lettering on awnings and canopies shall comply with Section 10-6-3 (B)(I)(k) ofthe City Code. (6) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the Community Development Department. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. <J Projecting signs perpendicular to the building. Projecting signs \~omplY with Section 10-6-3 (B)(5)(e) of the eity eode. 7. Public Entrances: For commercial buildings located along the north/south corridor, each separate ground-level tenant space shall have at least one public entrance that faces the north/south corridor. For buildings located within the Mixed Use District, each separate ground-level commercial tenant space shall have at least one public entrance that faces the nearest major public or private 110424 (3-5 Overhanging Sign Overhanging Sign )~6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarminirton.mn.us TO: Mayor, Councilmemhers, City Administrator ~ FROM: Timothy Gross, P.E., Assistant City Engineer ~ SUBJECT: NPDES Phase II Annual Report DATE: March 1,2004 INTRODUCTION Staff will be presenting a summary of the City's NPDES Phase II Annual Report and Storm Water Pollution Prevention Program from 2003. DISCUSSION As the eouncil is aware, the City of Farmington as a small municipal separate storm sewer system (MS4) is required to implement a Storm Water Pollution Prevention Program (SWPPP) as part of the National Pollutant Discharge Elimination System (NPDES) Phase II requirements. Per the requirements of the permit, an Annual Report has been prepared and will be submitted to the Minnesota Pollution eontrol Agency (MPeA). The Annual Report includes the following information: . A summary of storm water structure inspections performed. . Status of the eity's compliance with permit conditions based on the original permit and the Storm Water Pollution Prevention Plan (SWPPP). . The City's progress toward achieving the Measurable Goals. . Notice of reliance on other entities. The Annual Report is due at the MPCA on March 10, 2004. The MPCA is currently working on a revised permit that is scheduled to be approved in June of 2004. At that point the eity will have 90 days to review the changes to the NPDES Phase II general permit and reapply for coverage. BUDGET IMPACT None ACTION REQUESTED For information only. Respectfully Submitted, 'l ,.- . - / Timothy r ss, P .E. Assistant City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us February 18,2004 MS4 Storm Water Program Attn: Deb Charpentier Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 RE: Response to eomments - 2003 MS4 Annual Report Dear Ms. Charpentier: This letter accompanies the 2003 MS4 Annual Report form that provides the Minnesota Pollution Control Agency (MPeA) with a summary of the City of Farmington's status of compliance with permit conditions, including an assessment of the appropriateness of the eity's identified best management practices and progress towards achieving the identified measurable goals for each of the minimum control measures as required by the MS4 Permit. Included with the annual report is an inspection summary and a summarized BMP list containing detailing measurable goals and identifying outside agencies satisfying a portion of the eity's SWPPP. The public meeting addressing the Storm Water Pollution Prevention Program annual report, advertised and held in accordance with the NPDES Phase II MS4 General Permit, was held at 7:00 p.m. on Thursday, February 12, 2004. No residents or other stakeholders chose to attend the public meeting and no comments, inputs or opinions were received either orally or in written format. Any storm water activities or changes to the City of Farmington's SWPPP, BMP's, or measurable goals for the next reporting cycle will be addressed in the revised SWPPP due after the modified general permit is approved. Sincerely, Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Tim Gross, P.E., Assistant City Engineer Jennifer Collova, Natural Resource Specialist Lena Larson, Administrative Assistant ;:..'-~~.j By completing this annual report form, you are ''providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goalsfor each of the minimum control measures" as required by the MS4 Permit. Use of this form is not mandatory; however, you must address all the questions in similar format. Name of MS4: City of Farmington Contact Person: Lee Mann, P.E. Telephone Number: (651) 463-1601 Address: 325 Oak Street Farmington MN 55024 (city) (state) (zip code) ; 'Permit Conditions 1. ,:cXe.>fNo,;'~ a. Did you hold a public meeting on your Storm Water Pollution Prevention Program (SWPPP)? [Part V.G.1.e] NOTE: You must hold your public meeting before March 10, 2004. x b. What was the date of the public meeting? Februarv 12. 2004 C. In what newspaper or publication of general interest did you publish the public notice of your meeting? [Part V.G.I.e.2] Farminaton Independent Newspaper Farminaton Newsletter Farminaton Web Paae d. On what date was it published? Farminaton Independent: The week of Januarv 5th issue Farminaton Newsletter: Mailed 1st week of Januarv 2004 Farminaton Web Paae: Posted Januarv ih, 2004 NOTE: Please retain a copy of the public notice in your records. 2. a. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3] NOTE: In ut must be considered rior to submittal of your annual re ort. x 1 2/24/2004 (Comments both written and oral were requested in the public meetinq notice and durina the meetina but none were received) b. Did you create a record of comments and your response to comments/record of decision (ROD)? N/A (Please see 2A) c. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] (Please see 2A) N/A Permit Conditions Yes No d. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] (Please see 2A) N/A 3. a. Did you identify and inspect all of your structuratpollution control devices such as trap manholes, grit chambers, sumps, floatable X skimmers and separators, etc.? [Part V.G.6.b.2] b. How many structural pollution control devices dO:iYOU have in your MS4 system? 292 c. How many structural pollution control devices did-you inspect? 292 d. What percentage is this? 100% NOTE: If less than 100 % were inspected, please explain why. 4. a. Did you repair, replace, or maintain any structural pollution control X devices? b. Briefly, summarize any significant unscheduled (not routine) maintenance or improvement activities stemming from inspections of your structural pollution control devices. Attach a separate sheet. 5. a. Did you identify and inspect at least 20% of your outfalls, sediment X basins, and ponds? [Part V.G.6.b.3] b. How many outfalls, basins and ponds do you have? 123 c. Indicate if this number known or estimated? Estimate d. How many of you outfalls, sediment basins, or ponds did you inspect? 2 2/24/2004 122 e. What percentage is this? 99% f. Briefly, summarize the dates of completion of major additional protection measures triggered by your inspections. [Part V.G.6.b.4]. Attach a separate sheet if necessary. 6. a. Did you make a change to any identified best management practices or measurable goals that were submitted with your permit application? X [Part V.G.6.b.1] See note below. Note: At this time, it is not necessary to revise your SWPPP to describe all operational and maintenance storm water activities you plan to undertake during the next reporting cycle. As you know, a May 2003 decision by the Minnesota Court of Appeals remanded portions of the MS4 general permit back to the MPCA for modification. MPCA has been working on changes to the permit. The MPCA intends to modify the permit in the spring, 2004. After the modified permit is approved by the MPCA Citizens' Board, MPCA staff will send a letter to MS4 permittees that addresses the process for SWPPP approval and the MPeA state-wide public notice for each MS4 SWPPP. Your revised SWPPP will be due approximately 90 days after the modified permit is issued. b. Briefly list the best management practices using their unique identification numbers you used in your permit application or any measurable goals that were changed. Attach a separate sheet if necessary. 7. Did you rely on any other entities to satisfy any portion of your SWPPP? ~ or no (circle one). See attached sheet 8. Do you discharge to waters with a restricted discharge? See Appendix e Part B; you may view the applicable rules at www.pca.state.mn.us/water/water_mnrules.html yes or~ (circle one). If your answer is no, skip ahead to the certification. If your answer is "yes," please attach the following: a. A map of the watersheds where your MS4 discharges to the waters with restricted discharge. (Use a USGS map or equivalent) b. A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted discharge (estimated total impervious from land use and zoning or existing data can be used if available). c. A narrative estimate ofthefUture / projected impervious surfaces where your MS4 discharges to the waters with restricted discharge (using available zoning or planning infonnation that may affect your fUture discharges). d. A narrative estimate of how your SWPPP can be altered to eliminate new or expanded discharges to the waters with restricted discharge. This consists of your preliminary plan to avoid, divert. or eliminate discharges to restricted waters, whenever f)ossible. 3 2/24/2004 Owner or 0 erator Certification The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry ofthe person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). Authorized Signature (This person must be duly authorized to sign the annual report for the MS4) Date Mann Lee Director of Public Works/City Engineer Title Last Name 325 Oak Street First Name Mailing Address Farmington City (651) 463-1601 Telephone (include area code) MN 55024 State Zip Code lmann@ci.farmington.mn.us E-Mail Address Please submit your annual report by March 10, 2004 to: MS4 Storm Water Program Minnesota Pollution eontrol Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 4 2/24/2004 a.. a.. 0..>> S ~ ef) ~ C E .9 ::l O)ef) .!: c E 0 ~+:i CO 0 LL Q) _0- o CJ) >>C -- .- "l::t Uef) 8~ o N '" '" '" '" Ole: Ole: e: 0 e: 0 co:.= CO.: .cO .cO .... Q) .... Q) Q) '" Q) '" ~-g ~-g E Q) E Q) 0"0 0"0 ::::Q) :::: Q) o .... o .... .e <II .e<ll CD '= '= U 'E e: 'E e: c <II 0 <II 0 ftI '='- '='- C OI'=' OI'=' CD .c 0 .c 0 C '" l!! '" l!! 'iij <II Q) ~ Q) ::!: t= ~ I- ~ ... 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C Q) .e CD E ~ ~ o Z M o o N M o o N a5 liJ .Q E Q) o Q) o .8 E Q) > o Z .... liJ .Q E Q) o Q) o .., o o N <0 N ~ '=' e: <II -, (\) u C ClI c .! c 'c; :il ~ (\) "S ~ (\) J:: U rn ~ c ClI c o ; u (\) C. 1Il C CD .., U 0 C 0 ftI N C liJ S C E .- <( E <( ~z ::l z rn "0 - CD 01 "5 e: "0 '[ CD .c rn U U) .c '" ~ CD .~ -g :g .g Q) ftI g. <( "0"0 <( CD z "Ol!! z U e: <II U tOe;:: <( ~~ .. 0 CD E.c-ci z ::l .- C) '- "0 '='<11 III ~rl~ III 0 ex) 0 <0 :; .e E :I Z ';fl. ~ ~ 0 ~o 0 0 <0 o 0 0 01 .... .... III C 0 ..0 N N Uo 01 N ~.... N III .E :; .eO N M EO 01 N :I.... N Z "2 .. C 0 CD ~ "tl (.) U C C ";; 0 .2 CD ::l 0. C 0 :a "0 ~ Summarized BMP List and Measurable Goals Summary 2003 City of Farmington Swppp BMP 1.01 Education Activity Implementation Plan Measurable Goal: Complete Education Activity Implementation Plan . Date: Completed 2-2-04 BMP 1.02 Wetland and Wetland Buffer brochure Measurable Goal: Number of brochures distributed . Date: Yearly . Number: 1077 in New Resident Packets + any additional requests BMP 1.03 Drainage and Utility Easement flyer Measurable Goal: Number of flyers distributed . Date: Yearly . Number: approximately 660 BMP 1.04 Earth Friendly Yard & Lawn Care Flyer Measurable Goal: Number of New Resident Packets . Date: Yearly . Number: 1077 Measurable Goal: Number of flyers mailed . Date: April 2003 . Number: approximately 5000 Measurable Goal: Post in City newsletter . Date: July/August newsletter . Number: 1 time Measurable Goal: Post in local paper . Date: April 2003 and July 2003 . Number: 2 times BMP 1.05 Residential Contractors Erosion Control Letter Measurable Goal: Letter drafted . Date: March 2003 Measurable Goal: Number of letters sent . Number: 24 BMP 1.06 Residential Contractors Erosion Control Meeting Measurable Goal: Meeting completed . BMP implemented after erosion control program had begun. Will be holding a meeting Spring 2004. Measurable Goal: Number of attendees . BMP implemented after erosion control program had begun. Will be holding a meeting Spring 2004. -+ BMP's managed by outside agencies 10f5 Summarized BMP List and Measurable Goals Summary 2003 City of Farmington Swppp BMP 1.07 Utility Billing Storm Water Survey Measurable Goal: Survey completed . Date: 12-31-03 Measurable Goal: Number distributed . Number: 5500 Measurable Goal: Number received . Number: 400 BMP 1.08 Adopt-a-Pond Program Measurable Goal: Implement program · Date: Summer 2003 Measurable Goal: Number of ponds adopted . Number: 2 BMP 1.09 Pond Cleanup Day Measurable Goal: Complete event . Date: 4-26-03 Measurable Goal: Number of ponds cleaned . Number: 30 Measurable Goal: Number of volunteers . Number: approximately 180 BMP 1.10 Pollution Prevention Days Measurable Goal: Event completed . Date: 9-12-03 Measurable Goal: Number of attendees . Number: approximately 475 BMP 1.11 Storm Drain Stenciling Program Measurable Goal: Implement program . Program to be implemented in 2004 per BMP Schedule Measurable Goal: Number of storm drains stenciled . Program to be implemented in 2004 per BMP Schedule Measurable Goal: Number of volunteers . Program to be implemented in 2004 per BMP Schedule BMP 1.12 Presentation to City Council Measurable Goal: Complete presentation . Date: 3-1-04 BMP 1.13 Presentation to City Staff Measurable Goal: Complete presentation · Presentation to City Staff to be completed after submittal of revised SWPPP ~ BMP's managed by outside agencies 20f5 Summarized BMP List and Measurable Goals Summary 2003 City of Farmington SWPPP ~ BMP 1.14 Wetland Health Evaluation Program Outside Agency: Dakota County Environmental Education Measurable Goal: Implementation of WHEP . Date: Summer 2003 Measurable Goal: Number of wetlands monitored . Number: 4 BMP 2.01 SWPPP Hotline Measurable Goal: Number of callers . Number: Less than 10 BMP 3.01 Storm Sewer System Map Measurable Goal: Complete storm sewer system map . Date: 1-29-04 BMP 3.02 Ordinance Prohibiting Illicit Discharge Measurable Goal: Complete review of ordinance and comparison with other communities and regulatory bodies . Date: Undergoing review Measurable Goal: Complete draft of revised ordinance . Date: In process Measurable Goal: Complete ordinance . Date: In process BMP 3.03 MS41nspection and Maintenance Program Measurable Goal: 20% of MS4 outfalls, sediment basins and ponds . Percent: 99% Measurable Goal: 100% of pollution control devices . Percent: 100% Measurable Goal: number of structures receiving maintenance . Number: 19 Measurable Goal: Number of illicit discharges detected . Number: 0 BMP 4.01 Ordinance Requiring Erosion Control Measures Measurable Goal: Complete review of ordinance and comparison with other communities and regulatory bodies . Date: Undergoing review Measurable Goal: Complete draft of revised ordinance . Date: In process Measurable Goal: Complete ordinance . Date: In process .~ BMP's managed by outside agencies 30f5 Summarized BMP List and Measurable Goals Summary 2003 City of Farmington SWPPP . BMP 4.02 Site Plan Erosion Control Review Measurable Goal: Number of new construction site plans reviewed . Number: 535 Measurable Goal: Number of development construction plans reviewed . Number: 6 BMP 4.03 Erosion Control Inspection Program Measurable Goal: Number of inspections completed . Number: 4977 Measurable Goal: Number of warnings issued . Number: 915 Measurable Goal: Number of stop work orders issued . Number: 281 BMP 4.04 Private Development Street Sweeping Program Measurable Goal: Yards of sweepings collected . Number: 1415.5 CY Measurable Goal: Hours spent sweeping . Number: 362 hours BMP 4.05 Sodding Requirements Measurable Goal: Number of sod inspections performed . Number: 302 ~ BMP 4.06 Private Development Erosion Control Inspections Outside Agency: Dakota County Soil and Water Conservation District Measurable Goal: Number if inspections Number: 80 BMP 4.07 Development Contract Erosion Control Requirements Measurable Goal: Number of development contracts executed . Number: 5 BMP 4.08 City Specifications and Standard Detail Plates Measurable Goal: Number of City Specifications and Standard Detail Plates in distribution · Number: Specifications - 20 I Detail Plates - 42 BMP 5.01 Surface Water Management Plan Measurable Goal: Completed SWMP for the City of Farmington · Date: September 1997 by Bonestroo. Rosene, Anderlik and Associates BMP 5.02 Sedimentation Ponds Measurable Goal: Number of sedimentation ponds constructed . Number: 1 BMP 5.03 Skimmer Structures Measurable Goal: Number of skimmer structures installed . Number: 2 ~ BMP's managed by outside agencies 40f5 Summarized BMP List and Measurable Goals Summary 2003 City of Farmington SWPPP BMP 5.04 Sump Catchbasin Manholes Measurable Goal: Number if sump catch basin man holes installed . Number: Approximately 20 BMP 5.05 Riprap-Cable Concrete Measurable Goal: Number of skimmer structures installed . Number: 2 Measurable Goal: Number of outlet structures installed . Number: 1 BMP 5.06 Ordinance Regulating Runoff from New and Re-development Measurable Goal: Complete review of ordinance and comparison with other communities and regulatory bodies . Date: Undergoing review Measurable Goal: Complete draft of revised ordinance . Date: In process Measurable Goal: Complete ordinance . Date: In process BMP 6.01 Park and Open Space Maintenance Training Program Measurable Goal: Completed park and open space maintenance training program . Date: Training session will be in summer 2004 Measurable Goal: Number of attendees . Number: Training session will be in summer 2004 BMP 6.02 Hazardous Materials Awareness Training Measurable Goal: Create hazardous materials awareness training program . Date: Training session will be in spring 2004 Measurable Goal: Number of attendees . Number: Training session will be in spring 2004 BMP 6.03 MNDOT Certification for Erosion Control Inspector Measurable Goal: Complete MNDOT certification for erosion I sediment control site inspector I installer training . Date: Completed March 2003 BMP 6.04 City Street Sweeping Program Measurable Goal: Hours spent sweeping streets . Number: 480 hours ~ BMP's managed by outside agencies 50f5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15