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Home My WebLink About05.17.10 Council Packet City of Farmington 430 Third 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. \. FARMINGTON CITY COUNCIL T odd Larson, Mayor Terry Donnelly Julie May Christy Fogarty Steve Wilson AGENDA REGULAR CITY COUNCIL MEETING May 17,2010 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 / COMMENDA TIONS a) Farmington Heart Restart Program - Glen Anderson b) Soybean Festival- Vida Raine c) Heritage Preservation Awards - Dave McMillen/John Franceschelli Information Received May 22,2010 Cynthia Raynor & Edgar Samuelson 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited toflve minutes to address the Council during "Citizen Comment" time.) a) Response to Mr. Colin Garvey - Administration Information Received 7. CONSENT AGENDA a) Approve Council Minutes (5/3110 Regular) (5110110 Workshop) b) School and Conference - Police Department c) Adopt Resolution - Accept 2010 Arbor Day Donation - Parks and Recreation d) Approve Request to Waive Fees - Administration e) Approve Temporary On-Sale Liquor Licenses - Administration f) Authorize Encroachment Agreement with Tom Wartman (Farmington City Center LLC) g) April 2010 Financial Report - Finance h) Approve Bills Approved Information Received R31-10 Approved Approved Authorized Information Received Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. lfyou wish to address the Council regarding any or all of the items on the Regular Agenda, please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS a) Approve On-Sale Liquor License Blondies Tavern - Administration Approved 9. AWARD OF CONTRACT a) A ward Rambling River Center HV AC Contract - Parks and Recreation R3 4-10 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Amend 2010 Fee Schedule to Include Development Fees - Engineering b) Adopt Resolution - Approve Sale of General Obligation Street Reconstruction Bonds 201 OC and General Obligation Equipment Certificates 2010D - Finance Tabled June 21, 2010 R3 2 -10 R3 3 -10 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Set Budget Workshop - Tuesday, June 1,2010 (verbal) b) Allina Presentation (verbal) June 1, 5:30 p.m. June 7, 2010 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda. . . . . . . . . . . . . 2 Response to Mr. Colin Garvey Garvey Memo. . . . . . 4 Approve Council Minutes (5/3/10 Regular) (5/10/10 Workshop) Council Minutes 5/3/10 . . . . 6 Workshop Minutes 5/10/10 . . 19 School and Conference May 17, 2010 SRO Training. .27 2010 Basic SRO Training. . . 28 Adopt Resolution Accept 2010 Arbor Day Donation from Dakota Electric Association cover memo. . . . . . . . 29 resolution . . . . . . . . . 30 Approve Request to Waive Fees Request to Waive Fees. . 31 Approve Temporary On-Sale Liquor Licenses VFW Temporary On-Sale Liquor Licenses. .32 Licenses. . . . . . . . . . . . . . . . . . . . 33 Authorize Encroachment Agreement with Tom Wartman (Farmington City Center, LLC) Encroahment agreement memoCity Center. . . . 36 Encroachment agreementCity Center Daycare . . 37 City Center Exhibits. . . . . 42 April 2010 Financial Report 2010 monthly report - April . 46 APRIL MEMO 5-17-10 . .50 Approve Bills Bills. . . . . . . . . . . .53 Approve On-Sale Liquor License - Blondie's Tavern On Sale Liquor License - Blondie's Tavern. .79 Award Rambling River Center HV AC Contract memo . . . . . . . . . . . . . . . . . . . . 80 resolution . . . . . . . . . . . . . . . . . . 82 list of contractors receiving bid document. .83 Amend 2010 Fee Schedule to Include Development Fees Fee Schedule Amendment-Development Fees 051710. . 84 Fees Ord 2010 Permits Subdivisions 051710. . . . 85 Surface Water Management Fee Options 051710 . . . . 88 Summary Ordinance. . . . . . . . . . . . . . . . . . . . 89 Adopt Resolution - Approve Sale of General Obligation Street Reconstruction Bonds 201 OC and General Obligation Equipment Certificates 201 OD 2010Cand 2010D bonds 5-17-10. ............... .90 1 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.fal.mington.mn.us May 3, 2010 Mr. Colin Garvey Fax- No. 651-463A850 Deal' Mr. Garvey: Your request for information regarding ce11ain projects has been completed and is attached for your review. There has been some delay in getting this information to you due to the fact the City has been busy with the audit and this was infol1uation that required some additional time away from that project. If you have any questions, please let me know. We will place this on the May 17, 20 I 0, Council agenda. Sinperel)<-" '. / ( ~-~.JL-L.t;-;6 Peter J. Herl~f?~i. ./' ~~/I City AdministratOr / 1/' cc: City Council 4 en ~ 13 ~ N 8 a a a ~ ~ ftj I <>> co a a .b c cO 0) 0) d d cO d d a r-: '- J en ~ 13 t:: r ~ m ~ ~ 0 en l\ 0 .l'! co I() "": '" ~ d ~ ~ <>> ~ r-: al i .fj ..,. It) ~ ::J ~ N r .13 -C C r ,.. C ~ g- III :::I ~ g u. ~ sa e c 2 'e- ~ If) .... en 0. ! 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ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Donnelly, Fogarty, May, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Troy Corrigan, Beve Preece, Robert Wilson, Gabe Collins, Derek Collins, Logan Ansen, Joy Lauterbach, Kevin Collins, Dain Anson, Jamie Thompson, Ann Manthey, David Pritzlaff 4. APPROVE AGENDA City Administrator Herlofsky added item 5c) Proclaim National Day of Prayer and pulled item 13b) Farmington Heart Restart Program. MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Ted Dan Officer Dau served as a Patrol Officer, Field Training Officer, Investigator, and for the last 16 years he was the School Resource Officer. Council and the Police Department acknowledged Officer Dau's retirement after 27 years of service. b) Proclaim Historic Preservation Month Council proclaimed Mayas Historic Preservation Month. Heritage Preservation Commission members Beve Preece and John Franceschelli displayed posters that will be used to recognize this event. The theme this year is "Old is the New Green." c) Proclaim National Day of Prayer Ms. Ann Manthey explained an event that will be held on May 6, at Rambling River Park recognizing this day. 6 Council Minutes (Regular) May 3, 2010 Page 2 6. CITIZEN COMMENTS Ms. Joy Lauterbach, Trinity Care Center and Trinity Terrace, thanked the City for supporting their facility and all the volunteers for their help. Events coming up include a hanging basket sale this Thursday - Saturday. Proceeds go to the Care Center to support activities, etc. There will also be a garage sale June 9 - 12 at Lynn Nordeen's house, 3478 209th Street W. Trinity is always looking for volunteers for gardening, help with special events, bingo, exercise, etc. Trinity is now a true campus with the Care Center, Independent Living and they are now offering Assisted Living. Memory Care will be coming in the near future. The Grand Opening for Assisted Living will be coming soon. Ms. Annette Kuyper, Warrior to Citizen, stated this Saturday is the Military Mother, Grandmother luncheon. The Military Family Picnic will be held at the fairgrounds on May 22. They hope to double attendance. Last year over 200 military families attended. Many events will take place during the picnic. Ms. Michelle Leonard, 727 Tamarack Trail, President of the Farmington American Legion, Ladies Auxiliary Unit 189, read a statement about the history of Poppy Day. Military families benefit from the proceeds of the poppy distribution. Poppy Days for the VFW will be Friday, May 14. The American Legion will distribute poppies on Friday, May 21, at Econo Foods, Kwik Trip, the Post Office, and Farmington Bakery. So far the Legion has raised $500. Last year Farmington's Auxiliary raised $1,383.75 from poppy distribution. Every penny donated goes towards veterans. Some donations are also given to the Warrior to Citizen campaign. Poppies are distributed to remind Americans ofthe price of war and the sacrifice of millions of lives. Council and the community were asked to support the Legion and VFW Poppy Days. Mr. David Pritzlaft: 20255 Akin Road, addressed Council on a couple issues. First on the agenda under Citizen Comments, he read the guidelines for Citizen Comments. He stated Mayor Larson runs the meetings and has the discretion to deviate from the five minute time limit. Mr. Pritzlaff stated in some cases Mayor Larson adheres to the time limit when people have complaints or questions for the Council and is quick to cut them off and not give the tax payers time for their comments. On the other hand, if it is a good or rewarding issue, residents are allowed to speak as long as they want. It has to be one way or the other. It is rude not to give some their time, and since it cannot be fair across the board, enough time needs to be allowed on the issues that residents have. He stated Mayor Larson has shown not to be consistent with the time allowed so tax payers can expect whatever time they need to get their point across. Secondly, on the change for regular agenda items, he read those guidelines regarding addressing Council and a three minute time limit with additional time granted to speakers representing two or more people. Mr. Pritzlaff asked who put this on the agenda and is it a Council request. This is not in the Council by-laws. This is Council or staff wanting to shut out the tax payers. This would be a policy Council should act on, not the staff. Mr. Pritzlaffwanted Council to agree that no three minute limit would be put on any future agendas. Three minutes does not give enough time to talk about a full reconstruction of a road and sewer project and/or discussions on what amount of money Council is asking from the tax payers. Mr. 7 Council Minutes (Regular) May 3,2010 Page 3 Pritzlaff stated Mayor Larson campaigned for a more friendly government. How is that working by doing this? Comments at the last meeting about trees on the Walnut Street project and what Councilmember Fogarty said about how she watched the Ash Street and Elm Street projects to make sure trees were not taken down. On the Ash Street project, sod was laid when it was snowing, so that project was not watched very well. On the Elm Street project, Mr. Pritzlaffwas the Council representative to give feedback, so someone else was watching that project more than Councilmember Fogarty. It was brought to his attention at the last meeting when an audience member discussed how bad Council and staff mangled the trees on the Walnut Street project, Mayor Larson and Councilmember Fogarty were not listening to the residents. In fact, there were notes written and passed to each other. Mr. Pritzlaffwould like to have those notes made public and put into the minutes of the next meeting as a quorum of the Council was present. If you don't have time for the tax payers to be here and hear them out on their concerns with the increased taxes and street light utility fee Council put on us, you should consider resigning. Being elected you give up time. The second issue is regarding money being spent. $1.2 million was spent on the ice arena. Mr. Pritzlaffagreed something had to be done, but to what extent. $7500 for soil borings is wasted money. They are not needed until a decision is made on a second sheet of ice. Parks and Rec stated a second sheet could be 15 years away. $12,000 spent on a community survey question that has been done before and we cannot afford higher taxes at this time. $125,000 spent for a path extension on Pilot Knob Road, this one he laughed at when Council acted on it. There was not one question on the money except for how are we paying for this. Staff said through the road and bridge fund. There was no discussion with Wilson motioning and Fogarty seconding with a 4-0 approval. The money was spent like you picked it off a tree. The road and bridge fund is tax payer money. Although it would be nice to have the trail, we cannot afford it. Just $125,000 itself, let alone the maintenance of the trail which is left to the City; some of the money could be spent on trees to regain property values on the Walnut Street project versus a trail. He has said at workshops and Council meetings we have more trails than we can afford to maintain and we are going for another two miles. Why staff and Councilmembers did not agree with that when he was on the Council- Councilmember Fogarty stated at a recent meeting that no other Council set money aside for maintenance of the ice arena. With the amount of times he mentioned trails, you would think it would have sunk in and looked at for other areas. Two former Councilmembers from a previous Council wanted to raise ice time fees to increase revenue for maintenance or a break even point, but there was no support, especially from Councilmember Fogarty. She would have to pay more as her kids are in the hockey program. Now with Mayor Larson in the same boat, where does the spending stop. Maybe Council could join a 12-step program for spend-a-holics. Mr. Pritzlaffasked for a copy ofthe Council budget goals before the City says what they want. We need to make some real cuts and hard decisions this year. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (4/19/10 Regular) 8 Council Minutes (Regular) May 3, 2010 Page 4 Councilmember May noted in the minutes regarding the discussion on liquor store revenues and expenses, she had asked for further detail and explanation and was still waiting for that. Regarding the tree replacement policy, she asked when there would be further discussion on that and also a Tree Board. Administrative Services Director Shadick stated regarding the liquor store explanation, staffwill be bringing a report to the next Council meeting with first quarter sales and questions will be answered at that meeting. Councilmember May asked for City Administrator Herlofsky to follow up regarding a Tree Board. Mayor Larson also wanted to discuss having a Tree Board. b) Adopted RESOLUTION R29-10 Approving Gambling Premises Permit - Administration c) Adopted ORDINANCE 010-623 Repealing Ordinance 010-622 Concerning the Floodplain - Planning Councilmember Fogarty asked about the legal error that caused the repeal. City Attorney Jamnik stated there was an error in adopting the maps. City Administrator Herlofsky explained the issue was with Apple Valley, but FEMA rescinded everything. Councilmember May noted they had discussed contacting residents about the change. Even though it has been rescinded she asked that residents still be contacted to give them more notice. Staff explained it will be a 12-15 month process so residents will be contacted in the fall. d) Accepted Firefighters Assistance Grant - Fire Department e) Adopted RESOLUTION RJO-10 Establishing Polling Locations- Administration f) Approved Temporary On-Sale Liquor License - Administration g) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Amend 2010 Fee Schedule to Include Development Fees - Engineering The 2010 fee schedule was adopted without the section for Permits - Subdivisions and Developments. There were workshops held in January and March 2010 to discuss those fees. Based on the results of the workshops, staff was asked to develop two options for a phased in approach for the storm water fees. Option 1 is phasing in all ofthe fees in 2010; Option 2 is phasing in the residential in 2010 and the commercial/industrial three years later. Staff provided a schedule offees out to 2040. Depending on the rate of development, staffwill revisit the fees every three to five years. Councilmember May was more in favor of option 2 because she would like to see more commercial development and this wouid delay much higher fees. These fees would pertain to any new developments in 2010. Councilmember Wilson asked if the City has sent a notice to residential and commercial developers notifying them of the change. Staff has not because many of those who developed within the last five years may not be doing business. This 9 Council Minutes (Regular) May 3, 2010 Page 5 is posted on the City's website for them to see. Councilmember Wilson noted the higher fees were discussed at a workshop and that they were attributed to the Vermillion River Watershed area. He asked what communication is planned with the Met Council to make them aware of the disparity Farmington has with regard to development and the negative impact this will have. Staff has not discussed this with the Met Council. There have been internal discussions with other cities. Councilmember Wilson would like to leave this item open until the May 17, 2010, Council meeting to give developers an opportunity to comment on this. MOTION by Fogarty, second by May to close the public hearing. Voting for: Larson, Donnelly, Fogarty, May. Voting against: Wilson. MOTION CARRIED. MOTION by Fogarty, second by Wilson to table until the May 17, 2010, Council meeting and have staffbring any comments they receive. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Officer Hiring/Officer Retirement - Police Department With the retirement of Officer Dau, the Police Department is back in the same position as earlier in the year when staff asked for another Police Officer. The third School Resource Officer position was filled with the school district in March. There is a candidate in process and the Police Chief is ready to move forward. Moving forward now allows the person to be trained before August when the three officers will go back into the schools. The patrol unit has already been short an officer for 2.5 years. Hiring another officer would keep the unit at 25 officers. Councilmember Wilson asked if there were guidelines as to the number of officers for a City. Farmington's population has not changed that much. Police Chief Lindquist stated it used to be 1 officer per 1,000 was the accepted rate. Within the last ten years that has changed to 1 officer for every 750 people. Farmington has 22,000 people at 1. for every 1,000 we are over; at 1 for every 750 we are under. Rosemount is similar in size and they have 30 officers. It is more the case load and what is needed to protect the City. In the last four or five years the Investigations Department has been increased because they were overwhelmed with the amount of work. A fulltime Drug Task Force Agent was added. A third School Resource Officer was added. A position was made for an Administrative Sergeant because of the amount of information flowing through the department. Technology has required a person to keep up with those changes. Patrol has sacrificed when it came to fulfilling other needs knowing we would try to backfill that position. 10 Council Minutes (Regular) May 3,2010 Page 6 City Administrator Herlofsky stated the main issue is in 2008 we requested an additional patrol officer to make up for the fact the school district requested a third School Resource Officer at the high school. The additional person is being paid for by the school district for ten months and the City gets an additional staff person for the summer at the cost of two months. The City is generating additional revenue through the SRO. The school district can go anywhere to obtain the SRO's. They chose to use our Police Department. We are not adding an additional officer at additional cost. We are responding to the school district as we put someone into the school and filling what we lost in patrol. Councilmember May stated we are adding costs. We have discussed this before with the school wanting another SRO. She was all for safety, but was also here to respect the tax payer dollar. She felt we can achieve the main mission of safety and wellbeing with what we have. You are all professionals and very good at what you do. All departments are affected by the recession. Perhaps we have to tell the school they can only have two SRO's. She asked if they are putting an SRO in the elementary schools. Police Chief Lindquist replied there is an SRO at the high school and one at each middle school. Councilmember May asked if a CSO could cover some of that role. Staff replied no, it has to be a licensed police officer. City Administrator Herlofsky stated if we told the school district we can only supply two and they want three, they can go to any other public safety agency. Councilmember May stated they have their needs and we have our needs. She was all for working together with the schoo~ but ifwe want to discuss this for 2011, we can. There is still cost with uniforms, vehicles, benefits; we cannot say there is no additional cost to the City. City Administrator Herlofsky stated there is a revenue stream associated with hiring an officer. We get reimbursed from the school district for ten months. It will be a cost for two months. This gives us the best opportunity during the summer when other officers are taking vacation. It allows us to keep a constant level of protection with a minimum use of overtime. Councilmember May stated she has brought up her concerns with the revenue number in the Police Department budget. That is overstated and we may run into some budget issues there. She was very concerned with the safety issue, but we have to look at every department when we look at the overall budget. It is not just safety for the residents; it is also their fmancial wellbeing. We would all like to have extra people on staff. Police Chief Lindquist stated Officer Dau, who is leaving, is a 30-year veteran at top pay. The officer we bring in will be coming in at entry wages. The difference in the annual salary will be considerably less for the remainder of the year. Councilmember Donnelly stated we are not adding an officer, we are replacing Officer Dau. We are not adding to the size of the force. It would be a cost savings, not an increase in cost. The Police budget will be less because of the lower salary. Police Chief Lindquist stated the Council increased the size of the force in January. This would keep it at that level. City Administrator Herlofsky stated it is an increase of one officer from 2008. That was approved in January. 11 Council Minutes (Regular) May 3,2010 Page 7 Councilmember Donnelly stated ifwe do not replace Officer Dau, you will remove the two SRO's and put them back on patrol and the school district would do what they want. Councilmember Fogarty stated this comes from a comment she made at the last meeting. The fmes revenue is behind budget. It was only a suggestion to delay hiring to help balance the budget. She did not mean to suggest not replacing the officer. Delaying hiring for two or three months can help offset a deficit in the budget. It is the Police budget, so if you need to hire a person and make cuts elsewhere, do what you need to do within your budget. Police Chief Lindquist stated fines revenue is difficult to gauge month to month. There is not a lot of activity in January - March. Judges are aware of the economy and may reduce fmes a little. Also people are becoming more aware. City Administrator Herlofsky noted fmes may be low, but building permits have increased substantially. We started working on the budget with revenue estimates made in the summer of2009. The revenues and expenditures are estimates and there will be discrepancies. Councilmember Wilson felt hiring an officer is a win-win for everyone. Ifthe school wants to use their money from the taxpayers to hire three SRO's, that is their call. He would rather see it be three City of Farmington officers for continuity. The additional benefIt is for a couple months during the summer the students see the same officers they see in the school. Mayor Larson agreed, but also trusted Police Chief Lindquist that he will do what is best for the City in budgeting for law enforcement. He will rely on the Police Chief to staffhis department the way he sees fit to keep Farmington safe and the officers safe. It is a win-win with the school picking up ten months and the City gets to use the officer during the summer. Mr. David Pritzlaff, 20255 Akin Road, stated the three minute limit to speak should be taken off the books. The residents pay taxes and for Council to not give more than three minutes time is not worth him being here. The issue of hiring a police officer is more important than three minutes. When he was on the Council he spoke with the SRO's at the school and those are a critical area to have an officer. He also attended the Police Academy and knows what these officers do to a certain extent. How can we question public safety and keeping people safe even ifwe had to pay 12 months of salary? We question this type of money for public safety, but we will spend $125,000 on a trail. It does not make sense. The Council consensus was to move forward with the hiring process. b) Approve Community Survey Questions - Parks and Recreation The Parks and Recreation Commission and City staff compiled a list of questions for the community survey. The survey contains 28 questions which is the 12 Council Minutes (Regular) May 3,2010 Page 8 maximum number allowed. It asks questions related to a referendum and whether or not there is support for an increase in property taxes. It also determines the level of increased taxes the community would be willing to spend in order to support new parks, trails, and recreational facilities they would like to see developed. It determines the types of facilities residents are currently using and how they feel about the facilities they are using. It asks what action residents would support to improve the existing park and rec system. It rates the satisfaction level residents have with services that are provided. It determines what the community perceives as facility needs and how well the needs are currently being met. It asks demographic questions so there is a good cross representation from the community. The survey asked for input on the new items that are the highest priority for the City to consider in the Parks and Recreation Department. It also contains a few questions on storm water management which allows the City to meet a best management practice through the MPDES Phase II program. The cost of these questions will come from the storm water fund. Councilmember Fogarty asked about the storm water questions and if the goal was to see if people know the answers. Staff explained the questions were to see if residents understand where their storm water goes to; whether it is treated in a plant, a pond, or somewhere else. This is to help staff with educational outreach. Councilmember Fogarty agreed with putting the questions on the survey, but was irritated that it is another unfunded mandate. Mayor Larson felt those questions would be a waste oftime, as most people will not answer them. Councilmember Fogarty stated it will only take a few minutes to complete the survey ifreceived in the mail. To do this over the phone would be extremely time consuming and challenging. Staff explained the survey will be mailed and residents will be called to remind them to return the survey, or if enough surveys are not returned, they will do the survey over the phone. Councilmember Wilson stated his position of spending the money to create the survey and send it out has not changed. With regard to the storm water questions 19 and 20, if the attempt is to fmd out what direction the Parks and Recreation Department should be going, these two questions have no relevance to the survey and he would suggest eliminating them from the survey. Let's fmd two questions that are relevant to the work of the Parks and Recreation Department. Councilmember May agreed with Councilmember Wilson on questions 19,20, and 21. She had no idea how she would answer any of them. Regarding question 4, it seems like a repeat because you rate the items in number 2 and choose the top three and then rate them again. Parks and Recreation Director Distad explained you take the three responses in question 3 and rate the overall quality of the three facilities you have used most often. Councilmember May felt it was a repeat as they were already rated in number 2. Regarding question 10, we pay taxes semi- annually. When you break it down by month, this is trying to get the smallest number out there. She felt it should be listed as an annual number. Staff could list it as an annual increase if Council wants. Councilmember Fogarty stated most 13 Council Minutes (Regular) May 3, 2010 Page 9 people do not pay their taxes twice a year. They pay it as a part of their monthly mortgage payment. Residents have asked her what is the amount per month when given an annual number. Councilmember May felt question 11 is too vague regarding acquisition, improvement and development. Regarding question 12 is it asking if residents would support a levy? Staff explained it is for existing facilities and where to use existing tax dollars to improve facilities. Staff noted the consultant has suggested reordering the questions so they flow better. He has also suggested using headings so similar questions are grouped together. It was suggested to place question 12 before question 10. Councilmember May stated question 15 asks for organizations and facilities residents use for parks and recreation programs and services. She suggested removing the word "parks." You want to know what organizations they use for programs they want, not about the parks system. Councilmember Donnelly agreed with the storm water questions and suggested removing them or explaining their purpose. He suggested question 11 come before question 10; are you in favor of spending money, and if so how much. The wording is different between these two questions. The word "acquisition" should not be in question 11 or include it in question 10, so both questions are consistent. Mayor Larson was concerned with question 1. There has to be a way to just send this to Farmington residents. If it goes to a resident outside the City boundaries, the survey is tainted. The consultant felt it was good to have the residency question, as even the geo-coding is not 100% perfect. Someone can live on the border of the community and this is a safety check. If surveys are received that are not within the City or even on the border, they will not be counted against the guaranteed minimum. If there is a questionable survey, they will look at this question and then check the geo-coding. Staff noted the consultant also recommended deleting question 16, as respondents have already been asked to rate the facility conditions and how well facilities are meeting their needs. This would also include question 17. Council reached a consensus on the following: Question 4 - underline quality. Question 10 - show a monthly amount and an annual amount in parenthesis. Include the word "acquisition" after development. Question 11 - place before question 10. Question 12 - place before the levy question. Question 15 - remove "parks". Questions 16 & 17 - remove. Questions 19,20, & 21 -leave in and place under a heading explaining why they are being asked. 14 Council Minutes (Regular) May 3,2010 Page 10 Councilmember Fogarty also suggested explaining why we ask the demographic questions. MOTION by Fogarty, second by Donnelly to approve the fmallist of questions to ask on the community survey. APIF, MOTION CARRIED. 12. NEW BUSINESS a) 2011 Budget Workshop - Administration May 10, 2010, is the budget workshop. City Administrator Herlofsky asked Council to bring their 2010 budgets and their City Council Orientation Binder from 2009 which notes the purpose of each department. He noted this is not to be adversarial between staff and Council. Weare all on the same team and will try to get through 2010 with what we have and plan for 2011 how we all perceive it will be. Staffhas provided three objectives and would like more. As we proceed through the budget, staffwould like a consensus from Council as to what they are looking for. It makes it easier for staff and Council to have clear objectives that we can work towards. There will not be a lot from a staff perspective; they are looking for input from Council. Councilmember May would like to have a review with just Council and the City Administrator to have some general discussion about management and direction. She hoped next week is an open discussion and they can throw out ideas. Last year it was uncomfortable trying to bring different topics up. We are in this position for a reason and we have to have open discussion. City Administrator Herlofsky stated department heads have asked if they should come, but he asked that Council decide. Councilmember May would like to start just with the City Administrator, and then move to department heads. City Administrator Herlofsky stated that is the issue; trying to work with a consensus. It is difficult to work with points of view that are mutually exclusive. That is why we are looking for help from Council. If Council wants to have it between himself and Council, that can be done. Councilmember Fogarty recalled last year at the first workshop, Councilmember May had expected department heads to talk about their part of the budget. Councilmember Fogarty envisioned the workshop to take a step back, look at the 2010 budget with the department heads and have them give that synopsis Councilmember May was looking for so we can start there and move forward. Councilmember Fogarty felt there were still a lot of questions and direction that can be given by departments. That was not answered very well last year and would be an approach that would give us all some information. Councilmember May liked that idea. In looking at philosophy and what direction we want to go, with a few main points, perhaps starting with a department overview would be better. Councilmember Wilson did not realize they would take a step back and look at 2010. It is an open meeting, so residents and staff can be here. From a staff perspective, they need to understand that Council has a decision to make and it is not meant as a derogatory comment to them. He was not sure how often they 15 Council Minutes (Regular) May 3, 2010 Page 11 understand that. If Council is asking how feasible it is to continue something, that is not ripping anyone apart, but it is questions we need to ask. Regarding the information he needs, he needs forecasted numbers from staff as to where we will be short and make policy decisions from that point. To look backward and find out what a department does will not do a lot of good. But if the majority of Council wants to take a step back, we can do that. Finance Director Walters noted staffhas stated they will maintain service levels. So the majority of department heads are putting their budgets together trying to keep it at the same dollar amount as 2010. Department heads may not give a lot of input, except to answer questions because they are not changing much. City Administrator Herlofsky stated last year we used the same principles asking what guidelines Council wanted. Staff suggested to maintain service levels, maintain staff levels, and no increase in non-personnel costs for 2010,2011,2012. Staffis bringing those in again. Over the last couple years, when a person was laid off, there was concern and then another year when no one was laid off, there was concern about that. We are trying to keep it as professional and straight forward as possible. The 2010 budget is very comprehensive. It does not get as much attention as it should. It explains each department's activities, number of people, and what they do. Departments can do their best to give estimates of revenues and expenditures, but the biggest thing is taxes. Last year after raising the levy $200,000, most people's taxes went down even with an increase in the levy. City Administrator Herlofsky would like Council direction to be for staff to give a levy amount that will not increase the City taxes in 2011. Staff can provide that. If Council is willing to increase the levy by $200,000, or let property taxes go up $5/month or $60/year, those items give staff some indication of where to go. Staffwill give estimates and try to squeeze as many services into it as we can. If Council does not want that and cut back on some things, let us know. We are already being pushed with legislation on PERA wanting an addition for the employer and employee looking into 2011, hospitalization costs will be pushing us, etc. Staff is looking for an indication of where Council would like to go. The biggest thing we focus on is the levy and how much it costs each person. Councilmember May noted there are three objectives in the staffmemo. Those are the staff objectives. Council has not had an opportunity to discuss our objectives. She wants to make sure they do have an opportunity to have some good discussion about what Council thinks the objectives should be. She was not in favor of handing out a number. We threw out a number and everything became about the number. She wants to have open discussion about increased productivity and cutting expenses. If all we focus on is a number, then some of the dialogue goes away. She liked Councilmember Fogarty's suggestion because that was missing for her as a new Councilmember. Each department does not have to go through every line, but let's open the page to their budget section and give Council and idea of how it works and how to better understand it; a short synopsis. Council agreed to have department heads at the meeting to give a synopsis on the important things Council needs to know about their department, 16 Council Minutes (Regular) May 3,2010 Page 12 how they function, why their budget is what it is. Mayor Larson stated at the workshop we can talk about these three objectives and whether we agree with these or want our own. Mr. David Pritzlaff, 20255 Akin Road, noted Councilmember Wilson stated the workshop will be open to the public and he hoped every budget workshop and meeting will be open to the public, without time limits so residents can air their concerns. His property taxes did go up last year and his value went down.. When talking about taxes, you also have to look at the value. Regarding maintaining service levels, he felt the service could go down a little in some areas. This winter the trail along Akin Road was plowed more often and better than the road. Sometimes it was on the weekend. He felt we did not need to pay overtime to plow paths even though there might be school on Monday. How many people will use the trail to walk to school or for their daily walk? If residents knew it would save tax dollars and some overtime, we would do the work on the trails on weekdays, not weekends. Regarding maintain staff levels, when it comes to staff levels if any Councilmember wants to do any reorganization or cutting of staff, that it not be said in the meeting it is data privacy. It is not a review on one particular person. You do not name the person, you name the position that you are looking at trying to reorganize or cut. You leave a person out of it. When it becomes the position it becomes the money. You are working with the money. It is the position, not a person. Mr. Pritzlaffwanted to make sure all the meetings will be open to the public and let the people speak. We pay taxes in the City and we have increases in taxes and fees. Residents need to have their voices heard. Cuts need to be made. There have not been a lot of hard decisions in the budget the last two years. Seeing a staff recommendation is premature. Staff has worked on their budgets and have something in mind. Seeing staff objectives; why didn't Council set objectives first and give staff direction as to what they want. It has been said for two years we want to maintain service levels and staff levels. Other cities made cuts from staffmg to everything else. To give it a rubber stamp that we will keep the people and service levels, does not need to always be there. Mayor Larson stated Council will start with these objectives and see ifwe agree with them. We will revisit this at the workshop. Mr. Pritzlaff asked if each Councilmember has their goals set. Mayor Larson stated they will be brought to the workshop. Mr. Pritzlaffwanted to make sure there would be harder decisions and more work this year. Taxes went up. A lot of people cannot afford the taxes and losing $20,000 in property values. Some of the service levels can be lowered such as plowing trails. b) Vinge Agreement Update - Economic Development There were some questions at the April 26, 2010, EDA meeting and staff provided the answers. Councilmember May asked if it was common practice to lend funds. City Attorney Jamnik stated many cities do business subsidies, tax increments, etc. It is not uncommon to sell property on a note. 17 Council Minutes (Regular) May 3,2010 Page 13 13. COUNCIL ROUNDTABLE a) LMC Annual Conference and Marketplace - Administration City Administrator Herlofsky provided this for Council's information in case they would like to attend. Councilmember Fogarty asked for the times of the conference. Councilmember May: Noted the street light utility fee is added to the quarterly bill. She asked ifthere was a separate account so only street light activity can access those funds. Finance Director Walters confIrmed it will be a separate fund, similar to sewer and water. City Administrator Herloftky: Suggested on May 24~ have the regular EDA meeting at 6:00 p.m. and the EDA Strategic Planning at 6:30 p.m. Finance Director Walters: The audit went well and the auditors are finishing up. Mayor Larson: He was invited to a couple high school events which were awesome and encouraged residents to support these events. He thanked the Rambling River Center for their volunteer brunch. The City has some tremendous volunteers. Last Saturday was the parks and pond clean up with 450 volunteers. He encouraged residents to support the local businesses. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 9:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, L (' ~~ ynthia Muller Executive Assistant 18 City Council Budget Workshop Minutes May 10,2010 Mayor Larson called the workshop to order at 6:30 p.m. Present: Also Present: Larson, Donnelly, Fogarty, May, Wilson (arrived 6:39 p.m.) Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Brian Lindquist, Police Chief; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Tim Pietsch, Fire Chief; Cynthia Muller, Executive Assistant David PritzlafI, Jerry Ristow Audience: MOTION by May, second by Donnelly to approve the agenda. APIF, MOTION CARRIED. City Administrator Herlofsky asked the Council to establish guidelines in order to put the 2011 budget together. Department heads will give a brief presentation on their department from the 2010 budget. Mayor Larson stated Council will listen to the presentations, ask questions and set objectives at the end of the next meeting. Administration Administrative Services Director Shadick explained the areas of Administration including legislative, which covers the City Council activities, Heritage Preservation Commission, general Administration, Elections, and Communication. Councilmember May asked about equipment rental and repair. Staff explained that is for the postage meters and copiers. The postage meter at the Maintenance Facility is covered under Municipal Services. Councilmember May asked if staff could consider consolidating equipment. Administrative Services Director Shadick explained within the last couple years a postage meter was installed at the Maintenance Facility for efficiency so Municipal Services staff did not have to come to City Hall with large mailings. Municipal Services Director Reiten explained we have a part-time administrative assistant and if she had to come to City Hall for postage there would be no one at the desk. Elections are not included in the budget in an off-year. There is a maintenance agreement for the machines for approximately $2,000 every year. Mayor Larson noted in 2008 we budgeted $31,115 and in 2010 $23,725. Staff explained we cut costs, it is not a Presidential election, and in 2008 we added voting booths. New equipment will be purchased in 2013. Communication covers the newsletter, website, postage citywide, etc. There is also a capital projects fund for the cable commission for the Joint Powers Agreement with Apple Valley and Rosemount. This covers the cable broadcasts. The City Hall portion is responsible for cleaning of City Hall. Councilmember May asked what Professional Services covers. Administrative Services Director Shadick explained it covers the 19 Council Workshop Minutes May 10, 2010 Page 2 ROC cleaning contract, fIre sprinkler inspections, and door locks. Councilmember May recalled last year it was discussed to go out for RFP for cleaning services. Administrative Services Director Shadick has contacted Lakeville and Woodbury, and one of them does use ROC. All three cities pay $. 1 O/sq. ft. The cleaning company also reduced the rates by 5% in November 2009, because of some of the areas that were not used. Councilmember May asked ifany cities use inhouse cleaning staff. Cities staff contacted do not and do not want to go to that. Councilmember May asked why we cannot consolidate space as it would have a cost savings. She felt we are spread out over a larger space than is necessary. The perimeter of the space is utilized, but there is a lot of unused space over a larger area than needs to be. City Administrator Herlofsky stated we do have more space than the previous facility. When the building was designed, more growth was planned. To move everything to the first floor, would cost money and we would end up with less space on the fIrst floor than we had in the last building. With the additional space, we have conference rooms we can use much more. To leave the second floor empty would not be a good business move. Councilmember Donnelly stated it would just save cleaning costs, not heat or lights. Councilmember May asked if staff will be going out for RFP for cleaning services. Administrative Services Director Shadick stated she will do that and has a list of companies we can contact. Mayor Larson suggested nailing down the square footage so we are paying for what we are getting. Councilmember Fogarty suggested we could just receive quotes. City Administrator Herlofsky suggested going through this process every three years. Council left it up to staff whether to go out for RFP or just obtain quotes. Liquor Operations also falls under Administration. This provides a revenue source for the City. There are two municipal liquor stores. Councilmember Wilson asked about the turnover in liquor operations compared to other parts of the City. Staff replied there is very low turnover in the liquor store. Mayor Larson asked ifwe have renegotiated the lease. Administrative Services Director Shadick replied the lease has two years left and staffhas been looking at options. Mayor Larson felt the square foot lease price is a lot less now than it was a couple years ago. Councilmember Wilson would like to look at privatizing liquor operations. We are generating some revenue, but due to geographic location, and the size of the stores in Apple Valley and Lakeville are much larger. He would like staff to look into this, how a conversion would work and if there was a way to negotiate so some of the revenue would come back to the park system. This would take the expense off the books as it is not the most profItable operation. Councilmember Wilson and Mayor Larson agreed the amount given back for parks would be zero. Councilmember Wilson stated it is a philosophical discussion about whether we want to have liquor operations in the City. The revenues are coming in slower. Mayor Larson stated we need to determine what is the bottom line for the year for the liquor store; what did they actually make. Councilmember May agreed with looking at this, especially if the lease is up in two years. Councilmember Fogarty noted we would have to discuss what to do about the hole it would create. Economic Develooment City Administrator Herlofsky explained Economic Development. Staff is continuing efforts on new businesses and recently two new businesses have started or are in the process. This is managed through the Economic Development Authority. CDBG money has been given to local businesses who qualify. The EDA did receive an update on major Economic Development activities at the last meeting and found this very helpful. The Economic Update is being distributed to all homes through the newspapers. 20 Council Workshop Minutes May 10, 2010 Page 3 Councilmember Wilson asked if the Administrative Support Technician shown in the budget can provide support across more than this division. City Administrator Herlofsky explained they are. The Executive Assistant works for Economic Development, himself, and Parks and Rec. There are seven support staff and no one is assigned to just anyone person. Administrative Services Director Shadick explained how her staff is the point of contact, work on elections, work with Finance on receipting, and take Park and Rec Registrations. City Administrative Herlofsky stated the Administrative Support Technician provides support to Administrative Services, Finance, and Planning and Zoning. Councilmember Wilson suggested showing in the budget how staff is allocated across departments. City Administrator Herlofsky stated it is a balance as to whether there is a benefIt to do the additional accounting to keep track of the amount. Dwing the year, we also change things around based on our needs. Councilmember Wilson stated Council~s priority is economic development, so logically the City Administrator will spend time in that area. He asked what percentage of the City Administrator's day is spent on economic development. City Administrator Herlofsky stated he meets with the Chamber and other business people, so approximately 10% of his time is spent in that area. Councilmember Wilson asked how much time the Economic Development Specialist spends outside of City Hall. City Administrator Herlofsky replied approximately 25%. Councilmember Wilson stated although there isn~t money in the budget and it would have to be reallocated~ having a Director level position overseeing economic development and having a sales role would be worth exploring. With benefits the cost could be $125,000. Councilmember May asked if one of the Administrative Support Technicians is allocated to Community Development. City Administrator Herlofsky stated the Executive Assistant works with Economic Development. Councilmember Fogarty stated her concern with an Economic Development Director is timing. At the right time, that would be great for the City. Mayor Larson felt the timing might be right. Councilmember Wilson noted ifwe do that, then we are adding benefits and payroll. Human Resources I IT Human Resources Director Wendlandt listed the areas Human Resources is responsible for. The HR/Payroll Specialist does payrol~ recruitment of seasonal staff, and benefits administration. Mayor Larson asked why payroll is not under Finance. Human Resources Director Wendlandt replied it can be in either area. It was moved to HR because there was more HR connection with regards to data practices and benefits. They work closely with Finance. Councilmember May asked why IT is in HR. Human Resources Director Wendlandt stated IT needed a home and she took it on. Councilmember May felt IT should be its own department or under Administration and Payroll should be in Finance. Finance Director Walters stated she has always seen payroll in Finance, but different cities do things differently. Finance and HR work together. Councilmember May felt it was an area where there could be some efficiencies. She suggested staffkeep an eye on growth and where it makes the most sense for efficiency purposes. Councilmember May stated when we start growing she did not know how one person can deal with HR matters and IT matters simultaneously. Human Resources Director Wendlandt noted there is a fulltime IT person. Being responsible for IT security data is an HR function. Councilmember May stated it is an HR need and an IT issue. When we grow we will have to look at how we separate those two tasks. City Administrator Herlofsky stated this is an example of how staffmg has never been extensive. There have been attempts to combine tasks to make sure we are working with as few people as possible and still make sure we get everything done. Human Resources Director Wendlandt stated we have someone at the Police Department who helps with the security system, card access for the doors, as well as security cameras. IT runs all the systems in the City. Right now we have five servers. Depending on Council direction with . 21 Council Workshop Minutes May 10, 2010 Page 4 listserv we would need to add a sixth server. We also have the voiceover IP phone system. Some of the IT time is billed back to various departments. Councilmember Wilson asked how the phone system is working from a cost standpoint. The initial costs are higher, but will be lower in the future. We are in the second year ofa five year lease. Mayor Larson noted the telephone budget is $35,500 and equipment leasing is $26,000. Staff stated the $35,500 covers all the analog lines and phone numbers to run the phone system. The equipment leasing goes away in five years. Councilmember Wilson noted salaries over four years have gone up 15%. During the same time period, PERA has gone up 35% and employee benefits have gone up 34%. Employee benefits comprise 9.2% of total expenditures and PERA comprises 5%. Both are outpacing the largest category which is employee salaries. Human Resources Director Wendlandt stated for PERA, the legislature sets what we have to contribute to PERA every year and it is going up. As far as employee benefits, we are working on that for 2011. Councilmember Wilson asked if we have the ability to re-insure. Councilmember Fogarty asked if there is a way to protect ourselves with PERA. She is concerned the State will come back to cities to fund the entire amount. Staff stated it comes from the legislature. It is a state mandated program. Councilmember Wilson noted the costs in professional services have been stable. However, during budget negotiations he would like staff to look at ways to be more efficient in that category. Finance Finance Director Walters listed the items Finance is responsible for. Finance is also responsible for risk management which is property and liability insurance. Councilmember Wilson asked about the risk management payment. Staffwill be meeting with the insurance agent, but it looks like it is going down. Councilmember May asked what professional services in Finance covers. Finance Director Walters replied it is for the audit and the Dakota County Truth-in- Taxation fee. As the truth-in- taxation no longer takes place, staffwill check on this fee. Councilmember May asked ifwe are doing more short term investing. Staff stated we are and since March, three or four banks have closed. These investments were at 4% and 5%. Now we cannot get anything higher than 1%. Staffhas opened a savings account with Roundbank at 2.25%. It has dropped to 1.85%. Councilmember May asked about one year CD rates, but those are below 1 %. Councilmember May asked what the impact is to the current year because of the loss in investment interest and is it in the budget. Staff stated 2009 was $60,000 lower than anticipated. In 2010, it will be lower. Councilmember May asked if staff has estimated where we will be versus what we budgeted. Staffwill be looking into that. Councilmember May felt we need to be very conservative for 2011. Councilmember Wilson asked if 2009 actuals are in. Staff stated it is available, but the auditors are still working on it. He noted we budgeted $282,271 for investment income. He asked if Council felt we should make a mid-year budget adjustment. City Administrator Herlofsky stated we ended 2009 with $120,000 to the good. Expenditures were 5% less than revenues. Councilmember Wilson felt ifwe are forecasting a lower number for 2010, it would be prudent to act sooner rather than later. 22 Council Workshop Minutes May 10, 2010 Page 5 Councilmember Wilson asked about mileage reimbursement. He asked if staff has considered providing a car allowance rather than mileage. Human Resources Director Wendlandt stated the City used to have that for the City Administrator. City Administrator Herlofsky stated we encourage employees to use City vehicles to minimize the mileage reimbursement. Councilmember Wilson asked if there was a limit to food and subsistence expense. Human Resources Director Wendlandt replied we have a per diem and a certain amount per meal. Police Police Chief Lindquist explained the divisions within the Police Department which include Administration, Patro~ Investigations, and Emergency Management. Councilmember Fogarty asked about the rotation of vehicles. It is three years or 90,000 miles. There are three cars for investigations, nine patrol cars, and two for the SRO's. Mayor Larson asked about the canine vehicle. Staff converted the newest squad to the canine vehicle. They expect much more than three years service from that vehicle. Councilmember May asked if staff expects the overtime numbers to drop. Staff would like to say yes, but emergencies can create enormous amounts of overtime. Increasing bodies will not reduce overtime. It will reduce overtime in covering shifts for vacations and training. Last year overtime amounted to $50,000 - $60,000. Councilmember May asked what is covered in the uniform allowance. City Administrator Herlofsky stated you will not see that anymore. A uniform allowance will be given on a 1099 and it is their job to make sure their uniforms look good all the time. Miscellaneous items will no longer be included; only uniforms. Police Chief Lindquist stated an average top lasts 12-14 months because of rubbing against guns, seat belt, pens, etc. The allowance was $700/year per officer. The officers have given back $500/officer, so the allowance is now $200/officer. Councilmember Donnelly asked where the revenue is shown for the SRO. Finance Director Walters stated it should go back to the line item for police service charges. Councilmember Donnelly asked about the $1.8 million in 2008 for police service charges. That was for the Dakota Communications Center. Councilmember Wilson asked about workload measures and how much the officers patrol the roads. Police Chief Lindquist stated the primary corridors are patrolled a lot. A couple times during the day there is a half hour to one hour of more activity where we have two or three officers on patrol. They also cover the areas with the bus stops and residential streets with higher volumes of traffic. Councilmember Wilson stated last year there were calls with noise issues. He asked how those are handled and if there are citations. Police Chief Lindquist stated the noticeable increase last year was Hairball playing at the Legion with 18 - 19 calls in one night. He has spoken with the Legion and they have agreed to have a tent. The rental for the tent is $10,000. Staff would like to propose something to Council regarding noise regulations. Fire The Fire Department consists of Fire Services and Rescue. Fire Services has 52 paid on-call members for the City and townships. The Fire Department also provides inspections for commercial, multi-family, and building plan review. They also investigate fires. The Rescue Squad has 20 paid on-call members who must also be on the Fire Department. They provide service for the City and surrounding communities, and also provide support for ALF / Allina 23 Council Workshop Minutes May 10, 2010 Page 6 Ambulance Service. City Administrator Herlofsky stated the contracts for fire service with the townships are ten years old. Staffwill be meeting with the townships on how the cost is figured. Staff noted 80% of the fire cost is covered by the City and 20% from the townships. Councilmember May asked about the uniforms and is it operated the same as Police. Fire Chief Pietsch stated their policy is different. The Fire policy also covers turnout gear. The typical outfit costs $3500/person. On top of that is the dress uniform. With the recent retirements we have had to hire people and that is the reason for the increase in the uniform amount. The turnout gear lasts three to five years. Councilmember May asked how often Council receives an update on the investments. The Relief Association meets quarterly and Council has not been provided with the investment information in the past. Councilmember May would like to receive updated investment information. She asked about the contracted services. Staff replied that is for the DCC dispatching~ radio, etc. Mayor Larson stated this year we received $20,000 in grant money for turnout gear. Fire Chief Pietsch stated that should be reflected in the budget. They will try to get all turnout gear updated this year so they will not need it for next year. When the 2010 budget was prepared, they were not aware of the grant. So there will be a reduction next year. Councilmember Wilson stated we receive grant money every year and asked where that is shown in the budget. Staff stated it goes into the general fund, miscellaneous revenue. Councilmember Fogarty asked ifwe want that changed. Councilmember Wilson would like to have it shown as a transfer out. Staffwill come back with a way to show this revenue. Finance Director Walters stated normally when grant money is received and they know their expenditure line item will go higher, they do a budget adjustment. You would see the increase in the expenditure and the budget adjustment in the revenue side. Councilmember May noted Fire Chief Pietsch did not say he would adjust the budget. Fire Chief Pietsch stated they will probably see a reduction next year. Councilmember May stated the Fire Chief was going to make sure everyone had turnout gear so we will be spending more money. Fire Chief Pietsch replied no; we have a grant. We wait one year until they pass certification before we buy their turnout gear. In this case, where we have FEMA grant money, we will probably buy the turnout gear in advance oftheir certification. We will buy more than anticipated with the intent~ because of the grant, we will spend less next year. Councilmember May stated at Council meetings when we say we have grant money, staff needs to make it clear we are not spending less. Councilmember Wilson asked ifwe keep track of all the money coming in and where does it show up? Finance Director Walters stated we keep all the revenues together and that is what we use to cover the entire budget. Councilmember Wilson felt more grant money has come than what is shown. Finance Director Walters stated we have to keep grant revenue separate and it should show up in account 4404. There is also a Police special revenue account. Usually you segregate your grants especially for Fire and Police who receive grants for a specific purpose. You would set up a special revenue account specifically for grant money. This helps to determine if the grant money was spent for the specific purpose. Councilmember Wilson would be surprised if we did not have any grant money in 2008, because it shows nothing. Fire Chief Pietsch stated when we order equipment we use a purchase order with coding. Typically it is coded under 4000 and capital outlay 6940. It was done that way to track it. Finance Director Walters stated 6000 is an expense category so they have offset the expense with the revenue which is not how you should do it. Staff will look at this. Mayor Larson asked if we could make a grant page in the budget. Finance Director Walters stated all the grants will show up under intergovernmental revenue. There is nothing else in this account; only grants. Councilmember May stated the 2010 actual 24 Council Workshop Minutes May 10, 2010 Page 7 will show an extra $20,000 spent for uniforms, but the summary will not show the grant money coming in. Ene:ineerine: Engineering consists of Engineering, Planning, Building Inspections, and Natural Resources. Councilmember Fogarty stated building permits picked up. She asked how much was due to rebates being offered, are we still seeing the increase now that the program is over, or was it 195th Street opening. City Engineer Schorzman felt some of it was a swing in the market. We should wait a few more months to determine that. Councilmember Fogarty asked ifhe anticipated needing more help in Inspections because of the increase. City Engineer Schorzman stated it depends on if it continues. If it does continue, we may want an additional half time person. He felt we should see what happens over the next three months. City Administrator Herlofsky noted many ofthe lot prices have been reduced. Councilmember Wilson asked about the Fairhill development and is the City liable for loan costs because we do not have homes built yet? City Engineer Schorzman stated that starts in 2012 or 2013, but that is only if the developer does not cover the costs themselves. They have paid their bills on time and are very easy to work with. The difference is the developer owns the land and they do not have an overhanging debt to payoff. The City owns the original 42 acres for parkland. Back to the Fire Department, Councilmember May asked if they will need any equipment. Fire Chief Pietsch replied it is part of the CIP. City Administrator Herlofsky stated staff is talking with Lakeville, Bumsville, Apple Valley, Rosemount and Hastings about having a study to determine what we can do together with the Fire Departments with an emphasis on training and equipment issues. Staffwill bring something to Council this fall. Municipal Services Municipal Services Director Reiten listed what the various divisions do. The divisions consist of streets, snow remova~ sewer, solid waste, storm water, water utility, and fleet. All streets are plowed within 12 hours. Councilmember Wilson noted a resident has commented about the trails and overtime. Trails are handled through Parks and Recreation. Councilmember Fogarty stated that explains why the trails are sometimes done before the roads. If staff could coordinate having the roads done before the trails, it would make things easier. Councilmember Donnelly asked ifwe pay overtime for snow removal. He thought the County gives comp time. City Administrator Herlofsky stated we do that, but we give comp time up to 40 hours. Anything after 40 hours they are paid at time and a half. If comp time is not used at the end of the year, it is paid out at the current year's rate. The City will be paying it out twice a year. Councilmember May felt we would save money if they took comp time. Human Resources Director Wendlandt replied not really, because it is still time and a half. Councilmember Wilson asked if Dakota County is as responsive to our section of Pilot Knob as they are to the northern section. Staff does talk to the county if there is a problem and they respond right away. (Councilmember Fogarty left at 9:02 p.m.). Solid Waste provides collection for residential and commercial garbage, a curbside clean-up day, cardboard recycling drop off sites, and Pollution Prevention Day for Farmington schools. 25 I I I Council Workshop Minutes May 10, 2010 Page 8 The water utility provides water to all residents. There are currently seven wells. Hydrant flushing is done twice a year. Fleet does all the maintenance and repair of all City equipment. Both employees are also on snow plow routes. Previously street lights were shown under Municipal Services, but it is no longer in the general fund. The streetlight utility is now an enterprise fund. Residents now call the City when a street light is out and the City contacts the electric company and follows up to make sure it has been taken care of. The City owns the light poles in the downtown on Elm Street, Spruce Street out to Vermillion River Crossing, and 195th Street. The rest are owned by Dakota Electric or Xcel. The fee pays for the lights and the maintenance agreement to keep the lights working. Staff has found a cheaper, stronger plexiglass light globe as some were being vandalized. City Administrator Herlofsky stated this summer staff will try to GPS all the signs and street lights to keep track of inventory, age, and maintenance. Council will schedule the next budget workshop at the May 17, 2010, Council meeting. MOTION by Wilson, second by May to adjourn at 9:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, {l~n7~ ~thia Muller Executive Assistant 26 City of Farmington 430 Third Street l:amlington, Minnesota 651.280.6800. Fax 651.280.6899 w\..."W.ci."armi~>tIm.mn.u."i TO: Mayor and Councilmember's City Administrator FROM: Brian Lindquist Police Chief SUBJECT: School and Conference Police Investigations DATE: May 17, 2010 INTRODUCTION / DISCUSSION Detective Van Dom will be attending the National Association of School Resource Officers (NASRO) "Basic School Resource Officer Training Course". This course will be held on July 26 - 30, 2010 in Savage, MN. The training will cover such topics as School Safety Procedures, School Related Law, Emergency Management, and Instructional Techniques. This course will enhance the knowledge and abilities of our SRO. This professional development course will be taught by instructors with extensive field experience in policing in schools and juvenile law enforcement. This course will cover forty hours of training and instruction. BUDGET IMPACT The cost for attending this course will be a total of approximately $495 plus meals. The funding will come out of the 2010 investigation budget. ACTION REOUESTED Information only. Respectfully submitted, ~.~::-"~ ,---. --~ ,,~~1- /' ---; .:~ /(;./' -../ ~- ~.,..4...4/~"<-. / Brian Lindquist Chief of Police 27 i;~~ , I National Association of$chool Resource Officers 1.888.81NASRO www.nasro.org , Basic School Resource 10fficer Traininq Courses , The National Association of School Resource Officers Is a nationally recognized non-profit organization comprised of over 9.000 police officers and school administrators from across the United States and CMada. NASRO courses are specifically designed for and taught by officers currently In the field. NASRO Is offering this class for the law enforcement officer working In an educational environment and school administrators who currently have or are considering adding a sChool resource officer's program. . , Attendees will be given a working knowledge of the school resource officer concept and other school based policing programs. There will be a written examination on the final day of the class. Officers will receive the Basic SRO Course Certificate upon successful completion of the Basic SRO course. This course also meets a portion of the requirements for receiving the NASRO National SRO Practitioner Certificate. . Core T oDles · ResponslbRlUes of lhe SRO . Positive Role Models · School Safety Procedures · Emergency Management · Law Related Education . Dysfunctional Families · Interview and Counseling . Classroom Management · School Related Law . Officer Safety · Crime Preventron . Special Education · Instructional Techniques . Substance Abuse Issues · Student AcUvlUes Host Agency: :Savage Police Department Course Location and Dates l\IIarion Hall - City of Savage City Hall Who Should Attend . aASIC SRO: July 26-30, 2010 School Resource Officers School Based Police OffIcers DARE/GREAT Officers Juvenile OfflcerslDetecUves Community Oriented Police Officers School Security Officers School Administrators . Local Contact: Officer Kyle K1apperick - Phone: 952-882~2600 ; Times Course runs 8:00 am . 5:00 pm each day. OffIcers w/II be required to attend a/I $8sslons In order to obtain the National SRO Basic e8TIlfleate. Business casual dress required. Accommodations Check our webslte at: www.nasro.orgfor hotel Information. About Your Instructors The National Association of School Resource Officers is the largest ~rganlzatlon of school based law enforcement officers In North America. All Instructors for this course are certIned NASRO instrU'f:tors and school resource officers currenUy involved In this rapidly changing field of law enforcement. In addition, each Instructor holds the National SRO Practitioner Certificate and meets standards set forth by Police Standards and TraIning. ' Payment for this course (purChase order, check, V/SA/MasterCard only) should be made to NASRO, 1951 Wood/ane Drive, St. Paul, MN 55125 Purchase order Information can be entered when reg/stering for classes online at Www.nasro.orQ. $495.00 for the Basic course Includes: NASRO Basic Course Certificate NASRO Course Uniform Pin One Year NASRO f\t1embership NASRO Membership Uniform Pin Subscription to NASRO's official publical!on The Journal of School Safety NASRO Is a 501(0) (3) Not for profit corporation The preferred method for registration for the Savage, Minnesota Basic SRO training is online at www.nasro.orQ on the Training page. You can also fax the registration form to 651-789-0445 or contact NASRO Member Services at 888-316-2776. ~!!'!~2!!P ~ Sl:llool Rrsouree Offie.rs 28 City of Farmington 430 Third Street larmington, Minnesota 651.280.6800. Fax 65L280.6899 www.ci.tarminl:..1:tm.mlUL.i TO: Mayor, Councilmembers, and City Administrator FROM: Missie Kohlbeck Senior Center Coordinator SUBJECT: Adopt Resolution Accepting Donation for the Arbor Day Program - Parks and Recreation Department DATE: May 17, 2010 INTRODUCTION A donation for the Arbor Day Program was received from Dakota Electric Association. DISCUSSION Dakota Electric Association generously donated 150 seedlings and one small bare root tree in support of the Arbor Day Celebration (Celebration) held on Friday, April 30, 2010. The small bare root tree was planted in Prairieview Park during the Celebration. The seedlings were given to fIfth grade students at Riverview Elementary School who participated in the Celebration. Staffwill communicate the City's appreciation on behalf of the Council to Dakota Electric Association for their support of the Arbor Day Celebration. ACTION REOUESTED Approve the attached resolution accepting the donation from Dakota Electric Association. Respectfully submitted, Missie Kohlbeck Senior Center Coordinator 29 RESOLUTION No. R31-10 ACCEPT DONATION OF 150 SEEDLINGS AND ONE BARE ROOT TREE FROM DAKOTA ELECTlUC ASSOCIATION 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 17th day of May, 2010 at 7:00 p.m. Members Present: Larson, Fogarty, Wilson Members Absent: Donnelly, May Member Fogarty introduced and Member Wilson seconded the following: WHEREAS, Dakota Electric Association has generously donated 150 seedlings and one small bare root tree in support of the Arbor Day Program, 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 her~by accepts with gratitude the generous donations of 150 seedlings and one small bare root tree from Dakota Electric Association. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of May, 2010. ~~-=-- Mayor SEAL Attested to the d'o-l~ day of May 2010. City of Farmington 430 Third Street Farmington, ,r...1inncsota 651.280.6800. Fax 651.280.6899 www.ci.f.mniTl!:.>tlm.mlUL.l TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Farmington Downtown Business Association - Fee Waiver Request DATE: May 17, 2010 INTRODUCTIONIDISCUSSION The Farmington Downtown Business Association (FDBA)has applied for a Transient Merchant Permit for the Minnesota Soybean Festival to be held May 20-22, Downtown Days July 15-17, 2010 and for the tree lighting event held in December. A Transient Merchant Permit is required by City Code to sell merchandise at these events. The Farmington Downtown Business Association is requesting the City Council waive the Transient Merchant Permit fee required. In addition to the request to waive the Transient Merchant permit fee, the FDBA is also requesting that Council waive the fees for the showmobile rental and the fees for two 300-gallon garbage containers to be used for the Minnesota Soybean Festival. BUDGET IMPACT A Transient Merchant Permit for one year is $65.00. The fee for the showmobile is $400.00 and the fees for two garbage containers is $75 (Two 300 gallon containers $35 (delivery fee) and $20/per container to dump). ACTION REOUESTED Approve waiver of the above fees totaling $540.00 for the Farmington Downtown Business Association. Respectfully submitted, Lisa Shadick, CMC Administrative Services Director 31 City of Farmington 430 Third Street l;a.rmington, .l\.1inncsota 651.280.6800. Fax 651.280.6899 www.ci.tarmington.nm.L1l<i TO: Mayor, CounciImembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Farmington VFW Club DATE: May 17, 2010 INTRODUCTIONIDISCUSSION The Farmington VFW Club has submitted an application for a Temporary On-Sale Liquor License for events on June 19, July 17, and August 21, 2010. As part of their Club License a Temporary Liquor License is required to hold events open to the public. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REOUESTED Approve the attached applications for a Temporary On-Sale Liquor License for the Farmington VFW Club on June 19, July 17 and August 21,2010. Respectfully submitted, Lisa Shadick, CMC Administrative Services Director 32 ....p'~ ~~ u Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (65 I) 201.7501 Fax (651) 297-5259 TrY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICA nON AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE J,Jfi;0.. J7~:r ~ DATE ORGANIZED ..J ~~e: TAX EXEMPT NUMBER / -cJ9 (i 0 -;L:JS-" STATE ZIP CODE (Yl N. .......So... HOME PHONE q.,,;-l.) 1.U:> 3 ., j'tS Ill:.. i.' T... N~ OF PER~N MAKING APPLICATION ~ () 'N }7~5"P-'j;; L P DA TES LIQUOR WILL BE SOLD ".- L <; ~I (J ORGANIZATION OFFICER'S NAME I-<',;;::t// p .' -t' ORGANIZA TIO OFFICER'S NAME ./ 6' _?prJ Location license will be used. Ifan outdoor area, describe 7/$ /!5; ADDRESS 1'1- ~I fd? ADDRESS "lJ.s .s 617 ~rn'~j(:t?;;;;:4. fI! jJ ">~.2 5.f.:t.& ~~ u..././....::A 17 .- .... /~.... $7,,... t vr-f(' )-tio1:L;.' t.:VJ.~ %t.'l...~_~ :o~ -;TJ7' t? /;~;r; frSp.;... /fr PP'1 r /-I~NT.:1 /! . ~ ~-- &tIJ.J-'" -- r-P~ .;:;"".:.,.-- Jt<1 .... Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. WlIllhe applicant carry liquor Ilab1llty Insurance? lfso, please provide the carrier's name and amount of coverage. .rpJ:;'-4'~'1'>wC.;;;" /lnz.)/~.p%-.:7 /"()I~dl:J"I>"'" (f'p ;,;"/J::..iE I"rr 6;'-., #?o<.>- F=-J ~ APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DffiECTOR ALCOHOL AND GAMBL~G ElIiFORCE~1E~T XOTE: Submit Ihls form to the city or county 30 days prior to event. Forward application signed by city and/or county to tbe address above. If the application Is approved the Alcohol and Gambling Enforcemenl Division will return this application 10 be used as the License for the ennl PS-09079 (05/06) 33 Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282.6555 WWW.DPS.STATE.MN.US APPLICA nON AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZA nON s: ?rl t..... /-ItV., :;OJ-' v.r:tJ,. 'j7pdr r;t. STREET ADDRESS -'7,.,1 .- .. ~~ T..- Nt\Mf OF PERSON MAKING APPLICATION t"IoN ~~.5?.GLP DATES LIQUOR WILL BE SOLD '/-17-/tJ ORGANIZATION OFFICER'S NAME DATE ORGANIZED oJ I.u...e;. CITY TAX EXEMPT NUMBER / -()9 () 0 ;;L:?S- STATE ZIP CODE IV? N. .......S-o.,. HOME PHONE ~'1.) ~"3" j'~ '7z;; I-<';;:i// P .' 7 ORGANIZA TIO OFFICER'S NAME ./ .-. . e:: ~_?t>d Location license will be used. If an outdoor area, describe /7.# 4&; '6rr;;r-:'7IN~';;;'q. r1iJ'>~R ADDRESS N-~/~ ADDRESS ~5.s5 u~ ?T: t? /fr Pi-~1 r .!-iPA-I ~ , /'" .".,---- haoI...1" -- ~pp::. .:5 / p:. ~~ T1<Z; .... Will the applicant contract for Intoxicating liquor service? Ifso, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor lIabiIlty Insurance? Ifso, please provide the carrier's name and amount of coverage. ;::p.J:;a'~~f.Jc.G Rn~/:S,p;e.~ /':)lQ~/"&>'''' rp ~L;;: hI <.-r,,;-;7 JZ?4>- APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DffiECTOR ALCOHOL AND GA:\1BLIXG ElIiFORCEME:'Ii XOTE: Submit this form to tbe city or county 30 days prior to event. Forward application signed by city and/or county to tbe address above. Iftbe application Is approved the Alcohol and Gambling Enforcement DivisIon will return this application to be used as the License for the enot PS-09079 (05/06) 34 ~ v Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE J,J ,r:p). J7p:'j:r ~ - DATE ORGANIZED - cJ ~ '" e;. CITY i , ' T-- NAME OF PERSON MAKING APPLICATION R' (> pi. ?~.5~..G L t::> DA TES LIQUOR WILL BE SOLD 8-7. t ..- / CJ ORGANIZATION OFFICER'S NAME l.l.Kdl ~ " 7 ORGANIZA TIO OFFICER'S NAME ,/ - . c; 5P4 Location license will be used. Ifan outdoor area, describe /7 S /f::3; ADDRESS /'l-~I ~ ADDRESS ~5.s.S' 617 r;;p7~J.:~;-;;'q, Y1iJ ">>~.:2 5~.& ~~ 'A.HO ft... 1>' .- ... ,;/~' ~7'" /' tvr-<< )~(io~): <.:vI., .5"S't.'l.-;' ~ Q~ 7):" ~, 11 ~r '. 1'?S,J.:o /fr /7';'11 /-IPM~ . ~ ---""""'~J' --- :/,:-p,;t:t:- .:51 p:. T'fIL rR1 "" Will the applicant contract for intoxicating liquor service? Ifso, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability Insurance? Ifso, please provide the carrier's name and amount of coverage. ;::-pJ:;4'~'iJo;.fvC.G Rt7Z->/~p;e:...:;; t"':)lQdC:J-.prr (f'P' ~/.L.i3 I"rJ<...."Fj Ji?~-- APPROVAL APPLICA nON MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DA TE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DffiECTOR ALCOHOL AND GA~LIXG E~FORCE~IE:\"T ~OTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the appllcatlon 15 approved tbe Alcobol and Gambling Enforcement Division wIll return tbls application 10 be used as tbe License for tbe ennt PS-09079 (05106) 35 City of Farmington 430 Third Street I'arIllington, l\.1inncsota 651.280.6800. Fax 651.280.6899 www.ci.rn.rmingtllll.TI11UL.l TO: Mayor, Councilmembers City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Authorize the Execution of an Encroachment Agreement with Tom Wartman DATE: May 17, 2010 INTRODUCTION I DISCUSSION On May 11, 2010, the City's Planning Commission approved a conditional use permit for the operation of a commercial child daycare facility within the City Center Strip Mall located at 115 Elm Street. The property is owned by Tom Wartman (Farmington City Center LLC). The proposal calls for a 1,500 square foot play area to be located directly east of the strip center in the grass between the railroad and building (please see attached sketch drawing). There is a twenty (20) foot wide drainage and utility easement located along the eastern property line which contains a water line and a sanitary sewer line. The proposed play area will encroach into this easement and over top of the previously mentioned utilities. This is a similar situation to what occurred with the new Anna's Bananas Daycare off of Trunk Highway 3 in which their play area encroaches into an easement and some of the play structures have been placed over a water line contained in the easement. A similar agreement to what is proposed in this instance was executed for Anna's Bananas. ACTION REOUESTED Authorize the Mayor and the City Administrator to execute the attached Encroachment Agreement. Respectfully submitted, Tony Wippler Assistant City Planner 36 ENCROACHMENT AGREEMENT AGREEMENT made this day of .20-, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and ("Owner"). RECITALS A Owner is the fee owner ofthe certain real property located in the City of Farmington, County of Dakota, State of Minnesota: and legally described as follows: Lot 3, Block 1, Farmington City Center rd Addition (hereinafter the "Subject Property"). 1 37 B. The City has an easement for drainage and utility purposes over, under and across the east side of the Subject Property which includes existing water and sanitary sewer lines, as depicted on the attached sketch drawings (''Easement Area"). C. Owner wants to construct a fence and playground equipment on the east side of the Subject Property which will encroach over and onto the City's Easement Area, including the existing water and sanitary sewer lines, as shown on the attached sketch drawings. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The City hereby approves the encroachment of the fence and playground equipment over and onto its Easement Area as depicted in the attached sketch drawings. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's ownership or easement rights, or a limitation on present or future use by the City of the Easement Area. 3. Owner shall be responsible for all costs relating to construction, reconstruction, maintenance, and repair of the fence and playground equipment, shall keep the fence and playground equipment in good repair and working condition, and shall remove the fence and playground equipment upon their replacement or discontinuance of use. 4.. Owner, its successors and assigns, does hereby agree to defend, indemnify, and hold the City and its successors or assigns harmless from all costs and expenses, claims and liability, including attomey's fees, relating to or arising out of this grant to Owner ofpermission to encroach over and to the City's Easement Area and from any claims arising out of damages to the fence and/or playground equipment that might occur during the City's and its successors or assigns use, repair, maintenance or replacement ofthe Easement Area and the existing water line lying therein, except as otherwise provided herein. 2 38 5. The Owner expressly acknowledges the existing water and sanitary sewer lines within the City's Easement Area and agrees that the Owner shall be solely responsible for removing, relocating or repositioning the playground structures and/or fence if the need arises in conjunction with the City's and its successors or assigns use, repair, maintenance or replacement of the Easement Area and the existing water and sanitary sewer lines lying therein, or any future use of the Easement Area. 6. The City and its successors and assigns may terminate this Agreement at any time at its sole discretion upon thirty (30) days advance written notice to Owner of its intentions to terminate this Agreement, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. Owner shall remove the playground equipment and fence within the thirty (30) day period or the City may have the playground equipment and fence removed and assess the costs of removal against the Subject Property. Owner expressly waives any rights to a hearing or to challenge the amount of the assessment for removal under Minnesota Statutes ~~429.081, 429.101, or other law. 7. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF FARMINGTON OWNER: BY: Todd Larson, Mayor BY: AND: AND Peter J. Herlofsky, City Administrator (CITY SEAL) 3 39 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20-, by Todd Larson and by Peter J. Herlofsky, respectively the Mayor and Administrator ofthe City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ,20_, by day of NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 ]JJ:srn 4 40 ATTACH SKETCH DRAWINGS HERE 5 41 Print Preview Page 1 of 1 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Mao Scale 1 Inch = 50 feel 42 htt..../In;c-...n. It...L-........ ............ ....I....~k..;t.../..-l"'lN.............t....;..I_...:...tD........;........ .........v~n...:_.r\...fn..t..._n..l._..... ~_n_.... """Tl11'''Ut_._I.t''_I__I.l''_1__If'_I__lr_ C/l",\/...,t\1" I : storage box for ! small tovs riding toys -- - -- - U l basket- I ball hoop 43 swing set with slide ~ - ----, sandbox with I r.n\ll"r _ _____J gate 1\ 1;"'- l'>.i.... 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"0 ;" U C\l ..- -'-, ..- [--. c= ..- c:; (J) CO I'-- I r---- L_ eo - [ C ~ r- .... C') f C\l I I " ..- a a a a a a a a a a co It) <:t "" N '" ~ N "" co It) <:t "". N ~ N ""- N .n a:i ~ <i ,.: ,.: <i U; N "" <:t co r-. co co r-. "" q It)_ ~ r-. "" "" r-. ~. N ~ ~ ~ '" '" Yf Yf ~ '" '" '" '" Yf a:lUelea pUn,:l ~ Q) r-- 0 0 0 0 N N 0 0 (J) '<t 0 CO ..- 0 0 0 N N 0 . .. ~ & . ~ g t f ~ ~ o o ;; j! .. ~ ~ .e =>~ ~~ 0", City of Farmington 430 Third Street l;a.mlington. Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tarminb>ttm.mn.u...l TO: Mayor, CounciImembers and City Administrator FROM: Teresa Walters SUBJECT: March Financial Report DATE: May 17, 2010 Enclosed is the financial report for the months of January through April 2010. The report shows revenues and expenditures for 33% of the year. Below is a list of any discrepancies along with reasons for the variance from the 33%. If you have any questions prior to the meeting, you may e-mail me at twalters@ci.farmington.rnn.us or call me at 651-280-6880. General Fund Revenues Property taxes Amount Received 0.00% Licenses 53.72% Permits 57.60% Intergovernmental 21.09% 50 Reason for Variance Property taxes are received from the county twice per year (June and December). License revenue is higher due to the new restaurant - Blondies. Animal licenses are also higher than normal at 72.2% of the budget. The majority ofthis line item is building permit revenue. Bldg permit revenue is at 62% of the budget. YTD total permit revenue is $140,050. No franchise fees have been received YTD (budgeted at $75,000). This is normally received quarterly. Last year's payment was received in May. I Fines 16.64% Charges for services 14.62% Miscellaneous 63.71% Expenditures Historical Preservation 117.07% Snow removal 50.66% have contacted Charter - they will send the check next week. Fines are below the anticipated budget. Last year at this time fmes revenue totaled $18,448.6 or 16.93%. Charges for services include Recreation. This revenue is seasonal. GIS fees are budgeted for $5,000, no fees have been collected YTD. Fees are anticipated to be received when the development contract is signed for the CDA Senior Housing project. Fire charges are not received until the end of the year. This includes Rental income and the ALF payment. This is the fmal ALF payment we will receive this year. Additional grant money will be available for consultant services. Heavy snowfalls in January and February Overall General Fund Revenues (without taxes) are at 29.35% of the budget. This is slightly below budget. Expenditures look good since they are slightly lower than anticipated at 27.98% ofthe budget. SueciaI Revenue Funds: These funds are established to account for specific revenue sources (grants) or to fmance a specific activity. Assistance may be needed from the general fund or another designated fund to operate. The Recreation and Ice Arena funds continue to operate with a deficit fund balance. A transfer will need to be completed to bring up the balance if it is not positive by year-end. The actual deficit balance in the Recreation Funds at the end of2009 was ($229,946). The actual deficit in 51 the Ice Arena Fund is ($178,985). Fund balance numbers will be updated on the next report, after the audit is fmalized. Enterorise funds: These funds are self supporting and do not need fmancial assistance from the General fund. Liquor revenues exceeded expenditures by $40,871 in April. This brings the fund balance up from $263,919 at the end of March to $304,790 at the end of April. Street Light Utility: Street light utility revenues were received for the fIrst time in March 2010. Revenues are below expenditures by $4,640 for the month and $23,217 for the year. Overall the Sewer. Solid Waste. Storm Water. and Water enterprise revenues are exceeding expenditures. Both revenues and expenditures are below budget. Water revenue and expenditures are down from budget due to higher usage in the summer months. Graph: The graph shows that overall 2010 YTD cashflow exceeds the prior 3 years at this time. This is a positive sign for the City since our fund balance in the General fund is below the State Auditor's recommended 35-50%. A healthy fund balance is needed to operate during the year because our main source of revenue does not come in until June. The fund balance could also be utilized to assist other funds when operations revenue is not as high as anticipated as we have seen with the Recreation and Ice Arena funds. Our current fund balance is at 24.9%. 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TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Service Director SUBJECT: Approve Liquor License - Blondie's Tavern DATE: May 17, 2010 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to establish an On-Sale Liquor License and an On-Sale Sunday Liquor License. DISCUSSION Mr. Jeffery Schlichter has submitted the required license fees and application for an On-Sale Liquor License and On-Sale Sunday Liquor License for Blondie's Tavern to be located at 20700 Chippendale Avenue. The application and required documentation have been reviewed and approved by the Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2010 budget. ACTION REOUlRED Approve an On-Sale Liquor License and an On-Sale Sunday Liquor License for Blondie's Tavern at 20700 Chippendale Avenue. Respectfully submitted, Lisa Shadick, CMC Administrative Services Director 79 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmingtnn.nm.LL.I TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Award Contract for Completing Rambling River Center Heating, Ventilation and Air Conditioning (HV AC) Project Work DATE: May 17,2010 INTRODUCTION The bidding process for the Rambling River Center's HV AC Project (the Project) has been completed. DISCUSSION During the previous bid process, the City did not receive any legal sealed bids for the Project. The City Council authorized the re-advertisement for bids at its AprilS, 2010 meeting. A new bid opening date of May 11,2010 at 10:00 am. was established. Prior to the bid opening, staff either electronically sent or contractors were provided with a paper copy of the bid document. Attached is a list of the contractors who received a bid document. On May 11, 2010, one sealed bid was received and opened by staff. The lone bid submitted by Lofgren Heating and Air Conditioning in Apple Valley, Minnesota, was for $63,900. This bid amount included Alternate #4 Remove Existing Furnace in Lieu of Abandoning. The following table shows the breakdown of the bid compared to the Engineer's estimate. HV AC Project Bid Including Engineer's Estimate for Base Bid and Difference Over (Under) Alternate #4 Alternate #4 $63,900 $100,402 ($36,502) While there was only one sealed bid submitted, it is felt that the bid is very favorable for the City when compared to the Engineer's estimate. The City has attempted twice to advertise for bids and each time there has been difficulty receiving bids from contractors. The contractor submitting the bid visited the Rambling River Center building several times and discussed the project with staff prior to submitting its bid. Staff contacted the contractor after the bid opening to discuss the project further to make sure the contractor understood the project. Based on the discussion that staff had with the contractor prior to and after the bid opening, staff is very comfortable with awarding the contract to Lofgren Heating and Air Conditioning. Rather than going through the process a third time, staff is recommending that the City Council move forward with awarding the contract to Lofgren Heating and Air Conditioning. 80 BUDGET IMPACT The funding for the project will occur as follows: CDBG Funding Amount Base Bid and Alternate #4 Difference Over (Under) Amount $65,000 $63,900 ($1,100) ACTION REOUESTED Adopt the attached resolution accepting the low bid, which includes the base bid and Alternate #4 in the amount of $63,900.00 and awarding the contract to Lofgren Heating and Air Conditioning for the Rambling River Center's HV AC Project. Respectfully submitted, Randy Distad Parks and Recreation Director 81 RESOLUTION NO. R34-10 A WARD CONTRACT FOR RAMBLING RIVER CENTER HV AC 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 ih day of May, 2010 at 7:00 p.m. Members Present: Larson, Fogarty, Wilson Members Absent: Donnelly, May Member Fogarty introduced and Member Wilson seconded the following: WHEREAS, pursuant to an advertisement for bids for the Rambling River Center's HV AC Project bids were received, opened and tabulated according to law; and, WHEREAS, one bid was received complying with the advertisement from firms determined to be responsible and competent for the Project; and, WHEREAS, the firm of Lofgren Heating and Air Conditioning is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED that the bid from Lofgren Heating and Air Conditioning in the amount of $63,900.00 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 ih day of May, 2010. ~~- Mayor -11 Attested to the.~ day of May, 2010 SEAL List of Contractors Receiving Rambling River Center HVAC Bid Document Contractor Name Mailing Address HiMec Mechanical 1400 7th Street NW, Rochester, MN Lofaren Heatina and Air ConditioninQ 5708 Upper 147th Street West, Apple Valley, MN Genz-Rvan 2200 West Hiahway 13, Burnsville, MN Gopher HeatinQ and Sheet Metal 12330 Ottawa Avenue South, Savage, MN Streitz Heatina and Coolina 708 SchillinQ Drive, Dundas, MN Farminaton Plumbina and HeatinQ 21034 Chippendale Avenue, FarminQton, MN Performance PlumbinQ 315 Pine Street, FarminQton, MN MA VO Systems 4330 Centerville Road, White Bear Lake, MN 83 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tanniJll:.>tlln.mn.LL.I TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Amend 2010 Fee Schedule DATE: May 17, 2010 INTRODUCTION At the May 3,2010, meeting, Council tabled action on this item until the May 17, 2010, meeting. DISCUSSION During workshops in January and March, development fees were discussed. It was the consensus of Council to move forward with a phased-in approach to the Storm Water Management Fee. Attached is a sheet showing two options for the phased in approach, as well as estimated fees for the next 30 years. It is recommended that the fees be reviewed when the Comprehensive Plan is reviewed, and that adjustments be made if necessary. BUDGET IMPACT None. ACTION REOUESTED Select the desired option for the Surface Water Management Fee, and adopt the attached ordinance adding the section ''PERMITS-Subdivisions/Developments'', with the preferred option for the Surface Water Management Fee, to the 2010 Fee Schedule. Respectfully submitted, Kevin Schorzman, P .E. City Engineer cc: file 84 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE 2010 FEE SCHEDULE TO ESTABLISH FEES FOR SUBDMSON AND DEVELOPMENT PERMITS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The 2010 Fee Schedule is hereby amended by adding the following text in its entirety directly after the section "PERMITS-Building" PERMITS - SubdivisionslDevelopments AMOUNT Review of Environmental Assessment Worksheet and Environmental Impact Statement, AUAR GIS Fees (Geographic Information System) Parkland Contribution Parkland and Trail Fees - All Residential Zones Parkland and Trail Fees - Commercial/Industrial Zones Park Development Fee - Residential, Commercial! Industrial Zones Plat Fees Pre-Development Contract Surety Single Family Mu It i- Family Mixed Use Commercial Preliminary Plat Fee Final Plat Fee P.U.D. (planned Unit Development) P.U.D. Amendment Surface Water Mgmt. Fee (Development) *** The Surface Water Management Fee funds the t~ storm water improvements identified in the City's Surface Water Management Plan. Staff time, consultant review time New and Redevelopment *** $55/lot or $90/ac minimum See Parkland Dedication Ordinance See Parkland Dedication Ordinance $18,829/acre $350 per lot $ 65 per unit $300 per unit $ 0.25 per sq. ft. $750 base + $lO/lot $300 $500 + $22/ac $300 Option I-Option 2 Residential,low: $7,841 - $7,841 density per acre Residential, high: $13,898 - $12,719 density per acre Comm./Industrial!:$16,745 - $15,330 Institutional per acre 85 Water Main Trunk Fee $3,975/acre The Watermain Trunk Fee funds the trunk improvements identified in the City's Water Supply and Distribution Plan. Surface Water Quality Management The Surface Water Quality Management Fee is collected to fund future excavation of sediments deposited in sedimentation ponds. Residential (Single/Multi) CommerciallIndustlSchool!Other $80/acre $165/acre Water Treatment Plant Fee $960 IREU All parcels being developed are charged 1 REU minimum. Commercial, Industria~ Institutional developments and redevelopments are charged multiple REUs based on 1 REV = 274 gpd. Established in 1997, this fee will help :fund the future Water Treatl'rent Plant. Note: REO = Residential Equivalency Unit Sanitary Sewer Trunk Area Charge *** The Sanitary Sewer Trunk Area Charge funds trunk improvements identified in the City's Comprehensive Sanitary Sewer Plan. *** Note fee calculation formula on page 7. $2, 170/acre ***Fee Calculation Formula *** Fees shall be based on the gross area of the development, less flood ways, steep slopes, dedicated parkland, and delineated wetlands. Credit for Sanitary Sewer Trunk Area Charge See Schedule F SECTION 2. Effective Date and Codification. This ordinance shall be effective upon its passage and publication according to law. This ordinance need not be codified but may be attached to the City Code as an Appendix. 86 ADOPTED this 17th day of May. 2010, by the City Council ofthe City of Farmington. ATTEST: SEAL: Published in the Farmington Independent the day of CITY OF FARMINGTON By: By: By: Todd Larson, Mayor Peter Herlofsky, Jr., City Administrator City Attorney ,2010. 87 Surface Water Management Fees per Acre OPTION 1 OPTION 2 Phase in Low Density Residential in 2010 Phase in High Density Residential and Begin Phasing All Categories in 2010 Commercialllndustiral Beginning in 2013 Year Low Density High Density Comm./lndust. Year Low Density High Density Comm./lndust. 2010 $ 7,841 $ 13,898 $ 16,745 2010 $ 7,841 $ 12,719 $ 15,330 2011 $ 8,692 $ 15,409 $ 18,561 2011 $ 8,692 $ 12,999 $ 15,667 2012 $ 9,577 $ 16,979 $ 20,448 2012 $ 9,577 $ 13,285 $ 16,012 2013 $ 10,497 $ 18,611 $ 22,408 2013 $ 10,497 $ 13,898 $ 16,745 2014 $ 11 ,453 $ 20,307 $ 24,446 2014 $ 11 ,453 $ 15,409 $ 18,561 2015 $ 11 ,705 $ 20,754 $ 24,984 2015 $ 11,705 $ 16,979 $ 20,448 2016 $ 11,962 $ 21,210 $ 25,533 2016 $ 11,962 $ 18,611 $ 22,408 2017 $ 12,225 $ 21,677 $ 26,095 2017 $ 12,225 $ 20,307 $ 24,446 2018 $ 12,494 $ 22,154 $ 26,669 2018 $ 12,494 $ 20,754 $ 24,984 2019 $ 12,769 $ 22,641 $ 27,256 2019 $ 12,769 $ 21,210 $ 25,533 2020 $ 13,050 $ 23,139 $ 27,856 2020 $ 13,050 $ 21,677 $ 26,095 2021 $ 13,337 $ 23,648 $ 28,468 2021 $ 13,337 $ 22,154 $ 26,669 2022 $ 13,631 $ 24,169 $ 29,095 2022 $ 13,631 $ 22,641 $ 27,256 2023 $ 13,931 $ 24,700 $ 29,735 2023 $ 13,931 $ 23,139 $ 27,856 2024 $ 14,237 $ 25,244 $ 30,389 2024 $ 14,237 $ 23,648 $ 28,468 2025 $ 14,550 $ 25,799 $ 31,058 2025 $ 14,550 $ 24,169 $ 29,095 2026 $ 14,870 $ 26,367 $ 31,741 2026 $ 14,870 $ 24,700 $ 29,735 2027 $ 15,197 $ 26,947 $ 32,439 2027 $ 15,197 $ 25,244 $ 30,389 2028 $ 15,532 $ 27,539 $ 33,153 2028 $ 15,532 $ 25,799 $ 31,058 2029 $ 15,874 $ 28,145 $ 33,882 2029 $ 15,874 $ 26,367 $ 31,741 2030 $ 16,223 $ 28,765 $ 34,627 2030 $ 16,223 $ 26,947 $ 32,439 2031 $ 16,580 $ 29,397 $ 35,389 2031 $ 16,580 $ 27,539 $ 33,153 2032 $ 16,944 $ 30,044 $ 36,168 2032 $ 16,944 $ 28,145 $ 33,882 2033 $ 17,317 $ 30,705 $ 36,964 2033 $ 17,317 $ 28,765 $ 34,627 2034 $ 17,698 $ 31,381 $ 37,777 2034 $ 17,698 $ 29,397 $ 35,389 2035 $ 18,088 $ 32,071 $ 38,608 2035 $ 18,088 $ 30,044 $ 36,168 2036 $ 18,485 $ 32,777 $ 39,457 2036 $ 18,485 $ 30,705 $ 36,964 2037 $ 18,892 $ 33,498 $ 40,325 2037 $ 18,892 $ 31,381 $ 37,777 2038 $ 19,308 $ 34,235 $ 41 ,212 2038 $ 19,308 $ 32,071 $ 38,608 2039 $ 19,733 $ 34,988 $ 42,119 2039 $ 19,733 $ 32,777 $ 39,457 2040 $ 20,167 $ 35,757 $ 43,046 2040 $ 20,167 $ 33,498 $ 40,325 All fees Include an Inflation factor of 2.2% from the previous year. Fees should be reviewed and adjusted every few years based on development and cost estimates for the Trunk Stormwater System. 88 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 010- AN ORDINANCE AMENDING THE 2010 FEE SCHEDULE TO ESTABLISH FEES FOR SUBDMSON AND DEVELOPMENT PERMITS NOTICE IS HEREBY GIVEN that, on May 3,2010, Ordinance No. 010- was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 010- , the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the fees for subdivision and development permits established by the ordinance include for example plat fees, PUD fees, and surface water management fees. 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 3rd day of May, 2010. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter J. Herlofsky, Jr. City Administrator SEAL Approved as to form the _ day of May 2010. By: City Attorney Published in the Farmington Independent the _ day of 2010. 89 City of Farmington 430 Third Street I'arIllington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tanningtlln.mn.LL.l TO: Mayor, Councilmembers, City Administrator FROM: Teresa Walters, Finance Director SUBJECT: Adopt Resolution - Approve Sale of General Obligation Street Reconstruction Bonds 2010C and General Obligation Equipment Certificates 2010D DATE: May 17, 2010 INTRODUCTION The City Council, at their meeting on April 19, 2010 authorized the sale of$2,470,000 General Obligation Street Reconstruction Bonds, Series 2010C to fmance the Walnut Street reconstruction project. Also, on April 19, 2010 the City Council authorized the sale of$I,160,000 General Obligation Equipment Certificates, Series 201 OD to fmance the acquisition of capital equipment for the City's Ice Arena. The bond/Certificate bids will be accepted by Ehlers and the lowest bides) will be awarded by Council on May 17, 2010. DISCUSSION A representative from Ehlers (The City's fmancial advisors) will be here to discuss the results of the bids including the number of bids, the lowest bidder(s), the interest rate(s), and the total interest cost to the City over the life ofthe bond and Certificate. BUDGET IMPACT For the Street Reconstruction 201 Oc Bonds, it is the intent of the City to levy property taxes to support a portion of the debt service beginning with taxes payable in 2011. In addition, the City will utilize special assessments and utility revenues to pay the principal and interest on the Bonds. For the 201 OD Certificates, it is the intent of the City to levy property taxes to support 105% of the debt service beginning with taxes payable in 2011. 90 ACTION REOUESTED Approve the resolution awarding the sale of the $2,470,000 General Obligation Street Reconstruction Bonds, Series 2010C and the sale of$I,160,000 General Obligation Equipment Certificates, Series 201 OD to the lowest bidders within the terms and information provided by Ehlers at the Council meeting. Respectfully submitted, Teresa Walters Finance Director cc: file 91 CERTIFICATION OF MINUTES RELATING TO $2,470,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 201 OC Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held May 17,2010 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 ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PA YMENT OF $2,470,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2010C 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 day of May, 2010. City Administrator It was reported that U sealed proposals for the purchase of $2,4 70,000 General Obligation Street Reconstruction Bonds, Series 201 OC were received prior to 12:00 o'clock Noon, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., independent financial advisor 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 ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PA YMENT OF $2,470,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2010C BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION I. AUTHORIZATION. The City Council hereby determines that it is in the best interests of the City to issue its General Obligation Street Reconstruction Bonds, Series 201 OC (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, in the approximate principal amount of $2,4 70,000. The proceeds of the Bonds will be used, together with any additional funds of the City which might be required, to finance the cost of various street reconstruction projects (the "Projects"), including various improvements to a portion of Walnut Street (the "Walnut Street Project"), a portion of the cost of which will be assessed to property specially benefiting from such improvements, as described in the Five-Year Street Reconstruction Plan adopted by this Council, following a public hearing, on April 5, 2010, pursuant to Minnesota Statutes, Section 475.58, subdivision 3b. A petition requesting a vote on the question of issuing the Bonds, signed by voters equal to five percent of the votes cast in the last municipal general election, was not filed within 30 days of the public hearing. Accordingly, the issuance of the Bonds is authorized without an election. SECTION 2. SALE. Pursuant to the Sale Details 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 , in [,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. SECTION 3. A WARD. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and 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 4. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY. 4.01. 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. 4.02. Maturities: Interest Rates: Denominations and Payment. The Bonds shall be originally dated as of June 10, 2010, 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 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 2012 $ % 2020 $ % 2013 2021 2014 2022 2015 2023 2016 2024 2017 2025 2018 2026 2019 2027 [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 4.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 4.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 4.07 and upon any subsequent transfer or exchange pursuant to Section 4.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February I and August 1 in each year, commencing February I, 2011, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 4.04. Redemption. Bonds maturing in 2018 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 February 1,2017, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption 2 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 February 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 February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1. 20- Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1,20_. Term Bonds Maturing February I, 20- Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1,20_. Notice of redemption shall be given as provided in the preceding paragraph.] 3 4.05. 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 Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 4.06. 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 4 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 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. U) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 4.07. 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, 5 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 of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been 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. 4.08. 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 6 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 obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC 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. 4.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: 7 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF FARMINGTON GENERAL OBLIGATION STREET RECONSTRUCTION BOND, SERIES 2010C R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. % February 1,20_ June 10,2010 311297 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF FARMINGTON, 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 February 1 and August 1 in each year, commencing February 1,2011, 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 of the 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, in St. Paul, Minnesota, 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 $2,4 70,000, issued pursuant to a resolution adopted by the City Council on May 17, 20 I 0 (the Resolution) to finance various street reconstruction projects pursuant to a street reconstruction plan approved by the City Council in accordance with Minnesota Statutes, Section 475.58, Subdivision 3b, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2018 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 I, 8 2017, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 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 February 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 $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. 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, condi tions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof, the City has levied ad valorem taxes on all taxable property in the City and special assessments upon property specially benefited by certain local improvements financed by the Bonds, which taxes and special assessments will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such taxes and special assessments to its General Obligation Street Reconstruction Bonds, Series 201 OC Bond Fund for the payment of principal and interest; that if necessary for payment of 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 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. 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, 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. CITY OF FARMINGTON, MINNESOTA (facsimile signature - City Administrator) (facsimile signature - Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. 10 Date of Authentication: U.S. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative 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. 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] 11 SECTION 5. GENERAL OBLIGATION STREET RECONSTRUCTION BONDS. SERIES 2010C CONSTRUCTION FUND. There is hereby established on the official books and records of the City a General Obligation Street Reconstruction Bonds, Series 201 OC Construction Fund (the Construction Fund) to be held and administered separate and apart from all other funds of the City. The City Finance Director shall continue to maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Projects have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds, an amount equal to the estimated cost of the Projects. There shall also be credited to the Construction Fund all special assessments collected with respect to the Walnut Street Project until all costs of the Walnut Street Project have been fully paid. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Projects. To the extent required by Minnesota Statutes, Section 429.091, subdivision 4, the City shall maintain a separate account within the Construction Fund to record expenditures for each improvement. The City Finance Director shall maintain the Construction Fund until all costs and expenses incurred by the City in connection with the construction of the Projects have been paid. All special assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the Bond Fund described in Section 6 hereof. SECTION 6. GENERAL OBLIGATION STREET RECONSTRUCTION BONDS. SERIES 2010C BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Officer shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Street Reconstruction Bonds. Series 2010C Bond Fund (the Bond Fund), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund (i) from the proceeds ofthe Bonds, capitalized interest in the amount of $ ; (ii) the amounts specified in Section 5 above, after payment of all costs of the Projects; (iii) all taxes and special assessments collected in accordance with Sections 7 and 8 hereof, except as otherwise provided in Section 5 hereof and (iv) any other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in 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.. SECTION 7. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the Walnut Street Project, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of the Walnut Street Project financed by the Bonds. The City estimates it has levied or will levy special assessments in the original aggregate principal amount of $423,000. It is estimated that the principal and interest on such special assessments will be levied beginning in 20 I 0 and collected in the years 2011-2021 in the amounts shown on Appendix I attached hereto. The principal of the special assessments shall be made payable in 12 annual installments, with interest as established by this City Council in accordance with law on installments thereof from time to time remaining unpaid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Council or by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTION 8. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively come 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 which, together with the collections of special assessments as set forth in Section 7, will produce amounts not less than 5% in excess ofthe amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 9. BOND FUND BALANCE RESTRICTION. In order to ensure compliance with the Code, and applicable Treasury Regulations (the Regulations), upon allocation of any funds to the Bond Fund, the balance then on hand in the Fund shall be ascertained. If it exceeds the amount of principal and interest on the Bonds to become due and payable through February 1 next following, plus a reasonable carryover equal to 1112th of the debt service due in the following bond year, the excess shall (unless an opinion is otherwise received from bond counsel) be used to prepay or purchase Bonds, or invested at a yield which does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code. SECTION 10. 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 discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and 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 13 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 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 11. CERTIFICATION OF PROCEEDINGS. 11.01. Registration of Bonds and Levy of Taxes. The City Administrator is hereby authorized and directed to file a certified copy of this Resolution with the County Treasurer- Auditor of Dakota County and obtain a certificate that the Bonds have been duly entered upon the Treasurer-Auditor's bond register and the tax required by law has been levied. 11.02. Authentication of Transcript. The officers of the City and the County Treasurer- 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. 11.03. Official Statement. The Preliminary Official Statement relating to the Bonds, dated April 28, 2010, relating to the Bonds 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 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. 11.04. Authorization of Payment of Certain Costs ofIssuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 12. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND CONTINUING DISCLOSURE. 12.01. 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 14 Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest will not become includable in gross income of the recipient under the Code and the Regulations. It is hereby certified that the Project to be refinanced with the proceeds of the Bonds are and will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City has not entered and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use or operation of the Proj ect or any portion thereof which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 12.02. 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 the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and the Regulations. 12.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purpose, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 12.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(f)(l) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Projects as defined in Section 1.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 12.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations, other than private activity bonds, which will be issued by the City and all subordinate entities during calendar year 2010 does not exceed $30,000,000. 15 12.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. ~ 240.l5c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. 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 (a) 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 31,2009, 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 16 accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. 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 filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board (the MSRB). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)( 1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; 17 (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond wi thin 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 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. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) The City further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, 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 paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. 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) of the Rule. 19 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 CERTIFICA TION OF MINUTES RELATING TO $1,160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010D Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on May 17,2010 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 ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 201 OD I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations 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 obligations; 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 _ day of May, 2010. City Administrator It was reported that L-J proposals for the purchase of $1,160,000 General Obligation Equipment Certificates ofIndebtedness, Series 2010D were received prior to 12:00 o'clock Noon, pursuant to the Official Statement distributed to potential purchasers of the Obligations by Ehlers & Associates, Inc., independent financial advisor 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 ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,160,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010D BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. The City Council has determined that it is in the best interests of the City to issue its General Obligation Equipment Certificates of Indebtedness, Series 201 OD (the Obligations), in the approximate principal amount of$I,160,000, to finance the costs of acquiring various items of capital equipment (the Project), pursuant to Minnesota Statutes, Section 412.301 and Chapter 475. Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the City. Accordingly, publication of this 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 Sale Details and the Official Statement prepared on behalf of the City by Ehlers & Associates, Inc., sealed proposals for the purchase of the Obligations 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 , in [and associates] (the Purchaser), to purchase the Obligations at a price of $ plus accrued interest on all Obligations to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser and the Mayor and City Administrator are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Obligations in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained by the City until the Obligations have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. OBLIGATION TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Obligations. 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 Obligations 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 Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities: Interest Rates: Denominations and Payment. The Obligations shall be originally dated June 10,2010, shall be in denominations of$5,000 or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, without option of prior payment, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ % 2017 $ % 2013 2018 2014 2019 2015 2020 2016 [REVISE MATURITY SCHEDULE FOR ANY TERM OBLIGATIONS] The Obligations shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Obligation at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon the initial delivery of the Obligations 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 Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each February I and August 1, commencing February 1,2011, 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. Obligations maturing in 2018 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 February 1,2017, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Obligations 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 Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations 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 Obligations or portions of Obligations shall cease to bear interest. Upon 2 partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM OBLIGATIONS] [Obligations maturing on February 1,200_ and 200_ (the Term Obligations) 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 February I in each of the following years the following stated principal amounts of such Obligations: Year Principal Amount The remaining $ maturity on February L 200_. stated principal amount of such Obligations shall be paid at Year Principal Amount The remaining $ maturity on February 1,200_. stated principal amount of such Obligations shall be paid at The City Administrator shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Obligations 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 Obligation not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations 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 Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the owner without charge, representing the remaining principal amount outstanding.] 2.05. Appointment oflnitial 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 3 which event the predecessor Registrar shall deliver all cash and Obligations 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 office a bond register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation 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 Obligations 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 Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations 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 Obligation is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation 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 Obligation is at any time registered in the bond register as the absolute owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Obligation 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 Obligation to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of an Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, 4 fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Obligation of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of an Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Obligation 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 Obligations 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 Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Obligations issued upon any transfer or exchange of Obligations shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Obligations surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Obligations 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 Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Obligation 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 Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations 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: 5 "Beneficial Owner" shall mean, whenever used with respect to an Obligation, the person in whose name such Obligation is recorded as the beneficial owner of such Obligation by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Obligations. "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 Obligations as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (b) The Obligations shall be initially issued as separately authenticated fully registered obligations, and one Obligation shall be issued in the principal amount of each stated maturity of the Obligations. Upon initial issuance, the ownership of such Obligations shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Obligations registered in its name for the purposes of payment of the principal of or interest on the Obligations, selecting the Obligations or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Obligations under this resolution, registering the transfer of Obligations, 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 Obligations 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 Obligations, 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 Obligations, with respect to any notice which is permitted or required to be given to owners of Obligations 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 Obligations, or with respect to any consent given or other action taken by DTC as registered owner of the Obligations. So long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Obligation, and shall give all notices with respect to such Obligation, only to Cede & Co. in accordance with DIC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Obligations to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Obligation 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 Obligations will be transferable to such new nominee in accordance with paragraph (e) hereof. 6 (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Obligations in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Obligations in the form of certificates. In such event, the Obligations will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Obligations 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 Obligations will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Administrator is hereby authorized and directed. (e) In the event that any transfer or exchange of Obligations is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Obligations 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 Obligations in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Obligations, or another securities depository as owner of all the Obligations, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Obligations in the form of bond certificates and the method of payment of principal of and interest on such Obligations in the form of bond certificates. 2.09. Form of Obligations. The Obligations shall be prepared in substantially the following form: 7 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 20100 Interest Rate Maturity Date Date of Original Issue CUSIP No. % February 1,20_ June 10,2010 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: THOUSAND DOLLARS THE CITY OF FARMINGTON, 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 February 1 and August 1 in each year, commencing February I, 2011, to the person in whose name this Obligation 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 of the principal of this Obligation before maturity. Interest hereon shall be computed on the basis ofa 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, in St. Paul, Minnesota, 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 Obligation is one of an issue in the aggregate principal amount of $1,160,000 issued pursuant to a resolution adopted by the City Council on May 17,2010 (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. The Obligations are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Obligations maturing in 2018 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 8 February 1, 2017, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date, will cause notice of the call thereof to be mailed by first class mail to the registered owner of any Obligations 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 Obligations not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Obligations or portions of Obligations 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 Obligations or portions of Obligations shall cease to bear interest. Upon partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the registered owner without charge, representing the remaining principal amount. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM OBLIGATIONS] [Obligations 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: Term Obligations Maturing in 200- Term Obligations Maturing in 200- Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Obligation is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the City will cause a new Obligation or Obligations 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 Obligations have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. Notwithstanding any other provisions of this Obligation, so long as this Obligation is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the 9 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 Obligation, and shall give all notices with respect to this Obligation, 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. The City and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof, whether this Obligation 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 Obligation 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 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 Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 201 aD Sinking 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; that the issuance of this Obligation, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, and does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Obligation 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, Minnesota, by its City Council, has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Administrator. Date of Authentication: MINNESOTA CITY OF FARMINGTON, (facsimile signature - City Administrator) (facsimile signature - Mayor) 10 CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Representative The following abbreviations, when used in the inscription on the face of this Obligation, 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 Obligation and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation, 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 Obligation 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: II [end of bond form] SECTION 3. GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 20l0D SINKING FUND. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid, the City 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 of Indebtedness, Series 201 OD Sinking Fund (the Sinking Fund), and the principal of and interest on the Obligations shall be payable from the Sinking Fund. The City irrevocably appropriates to the Sinking Fund (a) amounts representing capitalized interest or accrued interest, if any; (b) all taxes levied and collected in accordance with this Resolution; and (c) all other moneys as shall be appropriated by the City Council to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 4. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Obligations 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 Obligations, 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 2010-2018 2011-2019 See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations 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 Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Obligations shall cease. The City may discharge its obligations with respect to any Obligations 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 Obligation 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 Obligations, 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 12 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. CERTIFICA TlON OF PROCEEDINGS. 6.01. Registration of Obligations and Levy of Taxes. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Treasurer- Auditor of Dakota County and obtain a certificate that the Obligations have been duly entered upon the Treasurer-Auditor's bond register and the tax required by law has been levied. 6.02. Authentication of Transcript. The officers of the City and the County Treasurer- 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 Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, 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 Preliminary Official Statement relating to the Obligations, dated April 28, 2010, prepared and delivered on behalf of the City 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 Obligations 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 of Payment of Certain Costs oflssuance of the Obligations. The City authorizes the Purchaser to forward the amount of Obligation proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 7. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND CONTINUING DISCLOSURE. 7.01. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Obligations 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 Obligations 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 Obligations 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 Obligations will be expended 13 solely for the payment of the costs of acquisition and installation 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 Obligations which might cause the Obligations to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Obligations 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 Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. The City acknowledges that the Obligations are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Obligations from gross income for federal income tax purposes, unless the Obligations qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Obligations (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 7.04. Reimbursement. The City certifies that the proceeds of the Obligations 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 Obligations 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) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Obligations. 7.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Obligations 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 tax-exempt obligations, other than private activity bonds, which will be issued by the City and all subordinate entities during calendar year 2010 does not exceed $30,000,000. 7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Obligations and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Obligations to comply with amendments to Rule 15c2-12 promulgated by the SEC under the 14 Securities Exchange Act of 1934 (17 C.F.R. ~ 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Obligations, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time ofthe outstanding Obligations. The City is the only obligated person in respect of the Obligations within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Obligations, 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 Obligations or under any other provision of this resolution. As used in this section, Owner means, in respect of a Obligation, 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 Obligation, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Obligation (including persons or entities holding Obligations through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Obligation 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, 2010, 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 15 (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations; Direct Debt; Tax Levies & Collections; Population Trend; EmploymentIU nemployment. 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 filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board (the MSRB). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Obligation calls; (1) Defeasances; (J) Release, substitution, or sale ofpropel1y securing repayment of the securities; and (K) Rating changes. 16 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 Obligation 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 Obligation 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)(I) 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. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) The City further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, the information described in subsection (b) to any rating agency then maintaining a rating of the Obligations at the request of the City and, at the expense of such Obligationowner, to any Obligationowner who requests in writing such information, at the time of transmission under paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. 17 (1) The covenants of the City in this section shall remain in effect so long as any Obligations 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 Obligation 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 Obligations 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 Obligations, by a resolution of this City Council filed in the office of the recording officer of the City accompanied by an opinion of Obligation 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 Obligations, 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 owners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b )(5) of the Rule. Upon vote being taken upon the foregoing resolution, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 18