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HomeMy WebLinkAbout09-08-09 Council Packet - Color CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 8, 2009 CITY COIUNCIL, MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order /Pledge of Allegiance /ADvroval of Agenda Estimated - - t 17)1 e'S 7:05 p.m. 11. Deoartment/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison /Staff Reports 7:10 p.m. III. Visitors /Public Comment Recycling Award (1) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:10 p. in. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments 13. Approve City Council Minutes ._. August 25, 2009 (2) C. Approve 2009 — 2010 Snow Plowing; Agreement (3) D. Approve Purchase of Ford Pick -up F -350 (4) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. City Hall Facility General Update (no enclosure) B. City Hall Facility -- Final $1.2 Million Bond Issuance (5) 7:30 p.m. VII. New Business A. Appointment of and Swearing in of Police Officer (6) B. Washington County — Request for Refund from Utility Charges (7) C. 2010 Budget — Adopt Resolution Approving; 2010 Proposed Budget and Proposed Tax Levies (8) D. 2010 Budget -- Schedule Public Comment/hearing Meeting; for Truth in 'Taxation (9) 7:30 p.m. IX. Adiournment City Council Packet for 9 -8 -09 Pagel of 132 This Page Is Left Intentionally Blank. City Council Packet for 9-8-09 Page 2 of 132 SON h, _ n I F w I ,y •a R II _ City Council Packet for 9 -8 -09 Page 3 of 132 CITY OF OAK PARK HEIGHTS u u "d 14168 Oak Park Boulevard No. ^ P.O. Box 2007 Oak Park Heights, MN 55082 -2007 ° Phone: 651 /439 -4439 � t=ax: 651/439 -0574 September 3, 2009 Robin & Steve Jensen 14797 Upper 55 Street Oak park Heights, MN 55082 Dear Mr. & Mrs. Jensen: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and /or smoke detectors). Your residence was checked on Thursday, September 3, 2009 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439 -4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulate I �s - er Pinski Administrative Secretary /Deputy Clerk City Council Packet for 9 -8 -09 Tree City U.S.A. Page 4 of 132 r' t. F � n n , Ir I� i� r A, r� �I I{ n u �r I' 5 r dams City Council Packet for 9 -8 -09 Page 5 of 132 nr rr ni �r CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, AUGUST 25, 2009 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Allegiance /Ammoval of Agenda: The meeting was called to order at 7:17 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber, Swenson, and Runk. Staff present: Administrator Johnson, City Attorney Vierling, and City Engineer Erickson. Absent: City Planner Richards. Mayor Beaudet added "Poison Ivy Eradication" as Consent Agenda Item H., added a Closed Session item to the Agenda, and removed Old Business Items A and B from the Agenda. Councilmember McComber, seconded by Councilmember Swenson moved to approve the Agenda as amended. Carried 5 -0. City Administrator .Johnson stated that Old Business Item A needed to be on the Agenda. Mayor Beaudet, seconded by Councilmember Swenson, moved to move Old Business Item A to the Consent Agenda as Item 1. Carried 5 -0. 11. Deval - tMent /Council Liaison Re op a•ts: A. Plannim-) Commission: Councilmember Abrahamson reported that at the last meeting of the Planning Commission they discussed the design guidelines. He reported the commission was seeking more information. B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission was set for September 21 at 6:00 p.m. C. Cable Commission:_ CQU'leilmember Swenson reported that there was a meeting August 19 and that there was a discussion regarding part -time employees and benefits. He reported there will be continued discussion. D. Water Management Orzanizations /Middle St. Croix:, Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization was set for September 17 at 5:00 p.m, at the Washington Conservation District Office. E. Other Liaison /Staff Retorts: Mayor Beaudet reported that MNDOT has completed a mill and overlay on the south frontage road, and the City Administrator will work with MNDO`I' regarding their portion of Oakgreen Avenue. City Administrator .Johnson reported that the City's position is that City has no responsibility to plow north of the frontage road line when crossing over Oakgrecn. City Council Packet for 9 -8 -09 Page 6 of 132 City Council Meeting Minutes August 25, 2009 Page 2 of 3 III. Visitors /Public Comment: Administrative Secretary Pinski reported that Melissa I-Ieinenger of 14475 55 "' Street North chosen as the recycling award winner. IV. Consent Aacnda: A. Approve Bills & Investments B. Approve City Council Minutes --- August 11, 2009 C. Appoint Denise Neidzolkowski to the Parks Commission D. City Hall Facility —Telephone Systern and Operating Software 1. Approve; Amendment #1 2009 -2014 CIP — Public Works Vehicles F. Approve Tower Asphalt, Inc. 2` Payment for 2009 Mill and Overlay G. Authorize Installation of Generator Plug -ins for Lift Stations I -1. Poison Ivy Eradication 1. City Hall Facility — Asbestos "Nesting — Roof of Current City Hall Councilmember MCComber, seconded by Councilmernber Swenson, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public I-IearinLs; None VI. Old Business: A. A f/11 TO CONSEWY'AGENDA AS I7TA91 B. RI A/IOI/' D 1 0 A I AGENDA VII. New Business: None VIII. Closed Session: A. Review Land Anoraisal: The City Council adjourned to a closed session for the purpose of reviewing; a land appraisal. City Attorney Vierling reported that the closed session would be taped and the recording would be kept for three years. fie announced that any action taken would be announced in open session. The open session was recalled. City Attorney Vierling reported that no action was taken during the closed session, and that staff was given further - direction on the matter. IX. Adiournment: City Council Packet for 9 -8 -09 Page 7 of 132 City Council Meeting Minutes August 25, 2009 Page 3 of 3 Councilmember MCComber, seconded by Councilmember Swenson, moved to adjourn at 7:55 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and form, Jennifer Pinski David Beaudet Administrative Secretary /Deputy Clerk Mayor City Council Packet for 9 -8 -09 Page 8 of 132 y !t 3 _ a � a� u_ ,` E _ m P Aiuv WIM xm g ,� is ,.sue 77 - L . `' }., - R - ._ : '; a • ! 9 q�. e ems': °. � I CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season: Approx. October 2009 through April 2010 1. PURPOSE /INTENT A. Roadway SandinLy and SnowDlowinp- The purpose of this agreement provides the City of Oak Park heights (hereinafter City) and M.J. Raleigh "Trucking, Inc. (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota, I3. Routes "A" Priority Routes identify high priority roads and slopes of concern; "I3" Priority Routes identifies all other streets and areas. All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. (Routes are depicted in "Exhibit A" as attached - "A" and "I3" are provided only as a reference to the location and approximate scope of the services required tinder this agreement.) `The City reserves the right to expand, decrease or modify the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. City Council Packet for 9 -8 -09 Page 10 of 132 D. Roadwav Sandim and SnowolowinLl Policies (1) The City's policy requires the sanding of all local streets, roads and cul -de- sacs whenever weather conditions make driving; conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. hollowing winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F-F) of ALL local streets, roads and cul -de -sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within approximately 8 fours of notification. "A" routes are always a priority and also shall be completed by 6:00 a.m. following an overnight storm. Per City Ordinance, no parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. (3) Cul -de -sac snow removal will be by "wasting" to all properties within the cul- de -sac and leading to the cul -de -sac. Stock piling for later removal will only be performed tinder the direction of the City, when snowfall conditions are extreme. (4) Sanding operations shall normally utilize a minimurn of 15% salt /sand mixture. 1 Scone of Ot)erations The Contractor shall provide a minimum of one (1) piece of equipment (two or more would be preferred) to perform the entire sanding operation. Minimum equipment required is a single axle dump truck with a S yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two (2) pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for "wasting" snow on cul -de -sacs. Additional pieces of equipment City Council Packet for 9 -8 -09 Page 11 of 132 appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2, LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the show removal season commencing October 2009 through April 2010 inclusive. The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs agreement, by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EOUIPMENT A. Dump Truck Trucks shall be a minimum single -axle, dual real wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front -end plow with a Inininium length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all -wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with "floating" down pressure. C. Motor Grader City Council Packet for 9 -8 -09 Page 12 of 132 Motor graders shall be an articulated type with a minimum 4 -wheel drive powered by all engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety EctuiDment All vehicles shall be properly equipped and outfitted to inset all local, county, state or federal laws required for on- the -road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back -up warding system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over - the -road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and ]imitations of operation of the vehicle or its accessory equipment. Vehicle Desie-nation /lZenlacements 'I °he Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number (if available) and license plate number to the City within ten days of execution of this contract. Auer inspection by the City, those vehicles acceptable for performance under this contract will be verified by the City. Except for emergencies, any planned substitution or replacement of' previously approved equipment shall require prior written approval by the City. 4. OPERATION & MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make City Council Packet for 9 -8 -09 Page 13 of 132 every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. farts & Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services, taxes, surcharges, etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for snaking any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Sto_age 'rhe Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection /shelter /storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter) hour. C. Premium /Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. City Council Packet for 9 -8 -09 Page 14 of 132 D. Nonproductive /Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or nical breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten (10.0) percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing; operations under this agreement. 6. PERFORMANCE REOUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and active cellular telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response "Time The Contractor shall be able to respond and begin sanding operations within one (1) hour and no later than three (3) hours from the start time requested by the City for any given sanding; request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor is responsible for providing; replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City City Council Packet for 9 -8 -09 Page 15 of 132 contract, operations tinder other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2) hours and no later than four (4) hours from the start time requested by tlhe City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Dawn Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non- functioning for a period of three (3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. The Contractor shall immediately notify the City if it cannot meet tlhe requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will rhhaintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. City Council Packet for 9 -8 -09 Page 16 of 132 I. Authority /Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely planner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of $5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance "The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during of after any scheduled of emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property DanlaL)e City Council Packet for 9 -8 -09 Page 17 of 132 The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Pavnient Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of $10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of "I'hanksgiving, Christmas, and New Years Day. 8. INSURANCE /LIABILITY /CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all clain-s, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, City Council Packet for 9 -8 -09 Page 18 of 132 required or provided for hereunder by the Contractor shall not be considered employees of' the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all clairrrs made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance `The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $ 1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the tune that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non - renewal or material change of the required insurance coverage. "The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of' liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Leual Comnliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. City Council Packet for 9 -8 -09 Page 19 of 132 D. C laims , I'lie Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection 7"he City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested udder this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. B, Combination of Ouotations The City reserves the right to select any combination of equipment quoted Im services requested in entering into this agreement. Only one Dourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of'the City. 10. PROPOSED RATES The "Schedule of Prices" for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing and agreed upon. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. AllOPTED BY REFERENCE OF PROPOSAL The attached proposal of "schedule of prices" and description are adopted by reference as part of this agreement. City Council Packet for 9 -8 -09 Page 20 of 132 12. RECORD DISCLOSURE /MONITORING PROCEDURES Pursuant to Minnesota Statues §1613,06, Subd, 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3) years from the date of the termination of this Agreement. 13. EOUAL EMPLOYMENT OPPORTUNITY — CIVIL RIGHTS A. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes §181.59, regarding non- discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. City Council Packet for 9 -8 -09 Page 21 of 132 IN WITNESS WHEROI the parties have set forth their hands and seals this day of 2009. CONTRAC'T'OR — M,J. RAI.,I;IGH TRUCKING, Inc. By: Mike Raleigh Its: Owner / CFO CITY OF OAK PARK HEIGHTS Ley: / David I3eaudet Date Mayor Erie Johnson Date City Administrator City Council Packet for 9 -8 -09 Page 22 of 132 SCHEDULE, OF PRICES PROPOSED 2009/2010 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Hourly Equipment Unit Type of Equipment Year Rate No. Standby Fee 12G Cat grader w/ wing 1986 J $125.00 LIMITED TO 11 5 months only 720A Champion grader w/ wing 1991 $125.00 J November, December 120 Cat grader w/ wing 1998 $125.00 January, February and 950G Cat Loader w/ 12' plow 1999 $119.00 March 9508 Cat Loader w/ 12' plow I 1989 $119.00 Four pieces of 980F cat loader w/ 7 yard bucket I 1979 $119.00 Equipment at $400 each 980B cat loader w/ 6 yard bucket (spare) 1977 $119.00 Monthly fee = $1600 545 Ford Tractor w/ 11' plow 1998 $104.00 Total standby fee = 97 Mack Tandem w/ 12' plow & sander 1994 $83.00 $$,000 for contract 93 Mack Tandem w/ 12' plow & sander 1993 $83.00 Material Costs Type of Sand $ /ton Sand (no salt) NA Sand /15% salt $19.00 Sand /20% salt $21.00 Sand /25% salt $24.00 5% salt/ 10% liquid $24.00 Salt / no sand NA Other NA City Council Packet for 9 -8 -09 Page 23 of 132 Exhibit A — Routes - (See Map on Next Page) City Council Packet for 9 -8 -09 Page 24 of 132 i i - v w3 � rt 7 d q ri n � N 6 " i J „ dt ol A yid' n M a so € J ` r fi 'Phis Page is Left Intentionally Blank. �I City Council Packet for 9 -8 -09 Page 26 of 132 1 Agawam - . r I 'V i I I � City Council Packet for 9 -8 -09 Page 27 of 132 x Eh V. 2 i i 4 I ............ 777# l ml 6 7 - 77 7 T Xt 9 !! 3 5d i' R 39$ 'r:., - t�. � T SEP -03 -2009 14 : 27 DAUB HOLT FORD MERCURY 7153862892 P.01i01 CNGP530 VEHICLE ORDER CONFIRMATION 09/0:3/09 14:41: = => Dealer: F58437 2010 F- SERIES SD gage: 1 of 2 Order No: 7413 Priority: J5 Ord FIN: QG915 Order Type: 5B Price Level: 015 Ord PEP: 610A Cust /Flt Name: OAK PARK HEIG PO Number.: RETAIL RETAIL F3B F350 4X4$DR /CSR $28990 59R .AERO HEADLAMPS 137" WHEELBASE 90L PWR EQUIP GROUP 850 DX DK BLUE PEARL JOB #1 BUILD A VNYL BNCH WARM NC 10600# GVWR PKG S MEDIUM STONE 41H ENG BLK HEATER NC 610A PREF EQUIP PKG 473 SNOW FLOW PKG 85 .XL TRIM SPARE TIRE /WHLD NC .TRAILER TOW PKG TELE TT MIR -PWR 572 AIR CONDITIONER NC JACK -AM/FM STER /CLK 64F STEEL WHLS - 18" NC 99Y 6.8L EFI V10 EN 695 85S TOUGH BED 450 44T 5 -SPD AUTOMATIC 1490 SP DLR ACCT ADO' TJB LT275 /70BSWASIB 220 SP FLT ACCT CR X4N 4.10 LTD SLIP NC 13 U.S. GAL CAS 17F XL DECOR PKG 240 B4A NET INV FLT OPT NC Fl=Hel.p F2=Return to PRICED DORA NC >nu F4= Submit F5TAdd to Lib DEST AND DELIV 975 5006 - MRE DATA IS AVAILASLE. QC09463 TOTAL BASE AND OPTIONS 33995 TOTAL 33995 r & M *TxIs IS NoT AN INVOrcE* g oy (6 q5b s l (gco) q q z �02 4 6 3 , T + City Council Packet for 9 -8 -09 Page 29 of 132 TD P.01 4B -- 440139 — 2090 F350 RC 4x4 5RW -- 137" WB, VWX XL Trim — F38 E L / 0°� Date: _9/1/09 I R "THE LAST' OF THE LITTLE GUYS" �'r t� ^ {g "" ? K` ".3tr E �.r'� I ' ,. P �" I kyp FORD.GOM -jEe'P f ' ; y r .r Al J L E M M 55 rt - to NW EH R, r, ,, i;' T ©ti, free "1 -V'ade burner Mkki Greer (763).274 -3319 (763) 274 -3326 Wturn0_Y@erfA1 C0n1 jgreer0p_rfd com Fax to: _Mark -- City of Oak lark Heights Fax #: 651.439.0574 F'Mail: Phone #: 651.775.6179 cell Address: City, ST, Zip )Fleet )OD #: (You must have a fleet IN to receive govt prieEog) Contract # 440139 - 4$ - 2019 Ford F350 RC 4x4 SRW XL 8 box - F313 J J Codes Exterior Color price Includes: J I DX Dark Slue Pearl incl, 5AL V8 engine, 300HP Auto transmission F1 Vermillion Red (nd. Block heater Vinyl split bench seat U) Storling Gray Incl. Air conditioning AWFM Radio UD Black Incl. LT265 /70rt17EATtires Daytime Running Lamps UX ingotSiNer Incl. Trailer Taw Mirrors frailer Tow Package Z1 Oxford White Incl. Dual Front Airbags Cruise Control GG Forest Green Intl, 4 Wheel ABS Brakes Tilt Steering Wheel Full Size Spare Tire Vinyl Flooring S Medium Mediu Color Stone Rear Step Bumper 113,1004 GVWR C Camol 3.73 Limited Slip Differential Skid Plates Front Tow Hooks Electronic Shift on the Fly TranOer Case I Seatin 3 Cloth Full Bench N/C J Additional Options Available: Price: upgrade XL decor Group $192. J �� V10 Gas Engine $556. Snow Piaw Prep Package $88. Power Locks/Windows /Mirrors $680. LT275 /70RxISE BSW (TJB) $176. pricin 4.10 Lmtd Slip N/C Price $ 21,509.04 Tough Bed Spray -in Liner $360. (does not include sales tax /lie fees) Additional Options $ 1,856.00 J Warrantp OptiOnS (rice on left is gas erpine, price on right is diesel engine) Transit 1(mpr;Excise Tax ** $ 20.00 J PowertrainCare (3 yrs) 100,000 miles / $50 deductible $1,3 / $1,445 ue� vh icr� *� Extended a PowernainCare (5 yrs) 100,000 miles/ $50 deductible $1,450 1 $1.515 Sec prices prices to left o left (optiannl) PowertxainCare (7 yrs) 100,000 miles/ $50 deductible $1,610 / $1,690 J S ( 13aseCare (3 yrs) 100,000 miles / $50 deductible $1,77'0 / $1,840 Subtotal for each vehicle $ 23,3$5.04 BaseCare (5 yrs) 100,000 miles / $50 deductible $1,845 / $1,925 J Number of Units Ordered BaseCare (7 yrs) 100,000 miles / $50 deductible $2,045 / $2,145 J Service Documents (optional) PremiuniCare (3 yrs) 100,000 miles / $50 deductible $2,705 / $27825 CID $230 1 paper Copy $390 PremiumCare (5 yrs) 100,000 miles / $50 deductible $2,835 / $2,970 J Grand Total for all Units PremiumCare (7 yrs) 100,090 miles / $50 deductible $3,175 / $3,345 (dots not include sRlcs tax / li fccs) Transit Irnpr Eniso Tax is applicable in the counties of Anoka. Dakota, Hennepin, Ramsey & Washington. Does not apply if vehicle is a marked emergency vehicle. Vk raydvodjojeo cu4tovn.ersgna.tt re, vatel Please call with any questions. payment is due upon delivery of each vehicle. 1.5% monthly interest rate will be assessed on accounts not received within 30 days of delivery date or any part thereof. City Council Packet for 9 -8 -09 Page 30 of 132 i sC - 1i` PF h & T C � s �"� ' -;�`u �" s �5�` �. �rtv t s a.'�"" a s ' ... ��� ' ... ' 4� n �G k ��` i, _ �.�,"`�W��ii•�.' _ e r ' '�' e }-►-Y r S r ' �— m�.� 3'� "r'k�r f'E'fk s' s rr f' ' ! "'`"2 k ` Aa 3�. - � ' , Pk t S ' r = s. f YFa''f £`3 orc, _ e' - .- ° � -'ir al ��F� 1 � �. a - e a 3• - t a: e .�. xs K2� �d 'rm= s ' � f +g y ".g '- ! f i I I i� ,,. ,� �� '�� 9 s i 11l' 3inl;; }i >;hlt• i);1 \�tl} 1ir;;llllri \i�l\'t)1 ' \'Ii- I "It'.1 : :'L }li•;E ?rl, ( -`'s 1':',f1111!ik!.`;:i J!; li 'vlti. lr(I1' 1'Itlltil. }�I11!EEk' :'- 1)i!'t•l'it+l l:i-:: i'it\` i'fall C:ah;ial It111)! +- ;rc'rtu' ill 1 "1:l:', i�71,r - kti (hert'.iil. "(.:fl' liila4.!" :.� } ';Ix Acrnlat 13llntis v. T:Ivih1e !il'til4J ai:it'rECa ilwndi (Ilctvi;l, I7t'rt: il'I;l1'tu Is�_,lutict. C;nE! „('il!n;.n1?lclti. �' }t. ,Inllilsl7n. anll \'is. Ill71s!: i .411i i it :'L lti; it;,', It)! Sill!" :ct; t;i't %V'111 J; :l ilrcn rIli \'<ts:ltcitln lhc: ll.a t i\`.'i; . \'l'!'I : :. IIt' will hC „l yutll ( -'hN €- ',7,!ix °'s i} - ; .., �y .,• ilc'Fti': 1' •:i , iC \`.' �.111� 3i1:414'{]i,. \C'; II! `'l)., 1tIYl \ \'lili Uri t'T� lt': I)Llr.: lllilc' Ills' i -�l i' 1 :it!I]l9� tt3il!t'F 17E1 iih' ll�I! :i1 ! :'. ?: c "4!E's I't' I);4�E'• - `l t'f!} +, ;a'ti :411 iJi;ti!� 1- i :;lil` 13;'1 -i�,. Iht pill of d)is I!'iii'I' l'., it, 1'•i'4!''.ldt' Vitl! 11'4`: it llll: 3.):u ,!,rkllill ..l'i +11 IH :.• E'.. Ilii'll lal dt` init;;!L, clt't :l`i(71. on 1;'Elich' opixtn hc-'l ,;Iil.S „1C :11 ():Eli Pnrll I J,'I :,!llls- \1HA t ':'t1:El::lIN(131111)Ati'lVR('A 1',f }NJT`5),' ,)1 :?009 ct'('"itcd \\',!El iitC' ol)jt :('lift' ltw0 lh Ct1.:! of l;;l; •+]\V1 l(' >l<Ilc' and I(;C,tl 'rt1Vi'r €1LW!li5 {1,,,,'!EII,Rek • t'li1' or CIIOO. ;Olil;tlti `1't.'kil. Inn N usual the ,It'' \'!! i1 ... thl - ;1;!',, is';o' !1t ,.,all's. ,: h', :pi]Ull I� .,,,., li : " 5 :. 4•��,itl; li - !',,,. ; i !�� !'i linLt!C, "i'4` {nnli t�Xitili!Ik rldl)l. 117 ti' l:l �i''.l't'hl ,, ..Eflli!+.'. .'� t'i', 1' I ?;:I\ Icvlt'i�II I i I T i 11 IC111t'fil r1i .'s I)Ai��ti I11'E)lIt o ;I I +751'l•1 c s to • Clt1' wII( 12 Illy ti }3i'dI Ix•Stt'.l•rl WAR h()nds .11tr1 t,)x l•\£•nWl Imi - ids in 1in1' ow cl tuttgh Y) 021 1111 35% Idl'lO rl•i381; civi'1}t <JriIn 11 ;t silt +'!'r'�l f'C11f :il�i.' oil lilt 1i :`t W" 11clow flit' hilcl - csl l' \1tf'11ti(' on 181.\ ('.ht :ill1 l)1711d5. A !'cf,lliclioi: 11';'',)'. i3A1.'. 'f is r.f ';.y;ui!!lt 4' paid IliStil I1tr!ai 1711'rrtxl :; . :!r;nt7; r'>;rt tl ?..(Jfi`'ti.. Ilclt'I> dlli. :!14 il!il ilJc ir;i tll l; `: i ,lilt's' i.l +'l,sti :: disc7ll!!il, 11t711i1 callliljl'! It' +' ,,.,li3t il! -'I. \' 1t; 1', IYiI'IItL' 'rl'Lt'E3; 1(:('1. .'lc'. 1 !tc' lnit) }";11;1dou do! "All i)l: p3'aclllC(.f how in this WA NMI in TV E1laIC1'!;Il 'duo :.IC( ll;ill)ilnit'S this lCliC[ 1.! } :'. :'< !a1ti .l47.. ..,.. .. SS` ES ?;i;.u, .r, i�i :IS' „ il! 4tl• c',!l'11 p. }111}Ctll 11 }!';. is J['I'1 f+ ,ll+ln!il,ti) !lY:r.. �11i I� - ,!1 'u ✓1'I!i!'11'.'IS„ l... t- !, It} ihu li'+-{C1iki :lt., -, 1l ltlrtll: I:. :I SI 4.- h liu! nlulC 'r i'.;;;'.�O p;irl!' ill 1:;1 ('li I!';it:i C;•l fal I J„ :nI.' IY.i ('1 !i',1i ?: tl:d!t', :l,C it',1C!;tl yt0 Vr'![..i14'il! 1 ". A cli(:!n1n1cAy aa:I1 ok Ow 35% l{f dw amount I I C Si C;n;lPil(i h% +,'1!1. \', Lr, i1I11!r,t1;1 '•.t'i`.,, „i bill ('14 "Z !11',' Ic' -(' (11 SHO 17O 1'i';it, Im' qKk"' +.'i1i111 anY (Non ilaml T im, SL'f W.s \1... 'il't' „ i }lc .'!l1' iil:. :i;at'IY Ill1AX of Ov 11c•,'!I t(i lit '' ail(l lilt' Ill I1:!' ni:7111)11 IIC+. : dt:ll !t) lil(' ]- �P. {itl`'li do no! all'. a'•. .`\t?I ;!rl(J :!l1 {1)il the lU!ill !ul' 111t' in)nIn t31' 1' my i oaf 1 hr.' t•nc'hinn4' whit His lanq hkAM4 L'l }(I;IU.d Illlu111i1!hon on a WX CS {'11711( holld ,.,..Et' trl 11,11 :o{! i';1 {!(' i !IY.Ii t!w AvV ;':i11C Itt,l7;1E1 .al, n 05910 n"d 111711 iISC i tttal 1401 (Iul10pa q li7ic'Eny Owl to ilia. 111 Bl tt r11'.! I` - „r i• 1 .'' l I. / l.i. t. I : :ita lllilii!' �.!,i. , ;I;,�iS ui iahli:;EiLc'(l lilln, , :�i. .iic• nt•t :Mt 4tl I)t lta<i'1 t :l }SI to ! }li•. l'tl_y i. ;: €;,, dch; } ':1;''!::' . tti iltl' l'tl('ititit3l'ct with 11)iS ;',L'i p7- o1'idcs updk iwd llllt%i 111:!!1fi3,1 AN a x'71 \' I3A S hOtlll i"w ;I Av.:. • ! :iN 'wil) t;! \i3I71 i' i'niv is Wt];1 and 111;11 the JbWj P&I (pllnl'817i!I 4 '' !i!c :)i HIV i](Incl i`tilll' ;`. .`.1 ''�.•I ti -i .I�; ,';',j :. Muding 0I3609 of taEl]11;11 ud Awi': n nod t'\C:ll!clinl' S if}' YA`.7.K! 1:;; ;h,' lln 11'iiE hc: p;:]({ I'+�' : ?)l' •t'4 JCr;!'' :':\'t'I!;I))l:!:i € }IC' Ek'i nU1 tSi I1r C�' >;1 i(1 i11a :_'3!\- ,t71' ; }l.' (I('I >'. :�� :'\-ic't' I1�t "�1c1; : ^, City Council Packet for 9 -8 -09 Page 33 of 132 005KA9•M ah Qmr on Qn A] W; An hwwny dw 3W,, ihi Avc I :[ac Cidij)i ',]I thV lil.N:;! ., hLWd CONIPAUNG 001 EXEN11"1 n TOATTLE BAKS I of •1l cli� "villi !hi, th:il to NF F Odh ()C i', 13AW�, 1 Inc ��, S I ) i " V;il�lo �11 dk: [6.1! \":ilh iho to 1 1 ;1ol'L [),wd tik)TWVlhic ) %, [ !, � ( : , e ( i :'. L ( - " :-" : ;I1, ' I I L ! \% i i k I I I I i 1 7 k : . '% I; ( ) j I ' � I 1 !!I HhNoWd m, 101 so vW w) Mucky of luinN dw Onds an RAH A IS I KR?VQq IMS PUP I&S hho OATOML 1UN 11ATHOUG1 ill-,' A! 1 17,:11 \Nitii M, 1101M of', AU� io dw opliun. ;hc\ pril !lw do .­W K Anum no bm"s not AV Q% win"nummon juvrlm, Kdow A 10 Qy � L HAH m" ivy WANdu ii to p, i1r"vocilblo illwhidt \%h.,!i it, ;{n .,} Oplioml� 1'11iti l,:ALHV, A)Oljld lh,-' C1T1" .,­�,,'. unpi!id W0111d 01 L jj\ Ff NA 1, PF'.C.A, 1� [tw 3 tO v, i i hc Ii:Jlllv T n', OK n• wOW W"Ird in 10 1C iic!, rk k%A! kh' 11HIC (117Cj1[tkM'. (V%V] !hL' '.h NORTHU A" �Im( 1. i W`,, INS� A We majoill NJ ISONAW I Nil R( ;A: N, n ihiand h, , S Siiitl' 'i 00, T,ill Fl(% nil -?S I 2Q. Maill h I - City Council Packet for 9-8-09 Page 34 o" 32 C.If`1' 01 () /t.IL PARK IIEIC?r(ITS i`dtiNIN[ -:100 A 'iAX 1=Xi:i;0P DONDS v. TAXA #3l_i: F.(WDS (BA134) ^l,'4E45.om t.,O Cc,IJ'hn! lJtt wavetliWA Ounds, Scr'ie�i 260£1; (TteX E5' /.elttpi t.x.ampk:) l i F, CLO51NC 4I; 1`.i I'IIi`1"i W L 1:1lCT f:Al.l. PRICEF.: `;F.VIE4t };1 ; j TAX Tl':XABI -t:. ANNUAL E�!iSfily? j i ";!i I"k,p'i f N;A.f',_Ei E AE3 %i VOLUL i'x Exv:npi !..,...S NFT CITY'.. IN 1 '1 L:IIY' , v. I'fif)Ct:SIS,I N :i ,;.Cry ". ,YI'i 1 T-111 I"T NTE:f�F.SI :A,P 1 SF1,99 ANN ANN IAA ::XE:0.1P '`'r' NI-f Ati''OF i•i i- i ? Ei I ;INCTAI- RWE 1!iTAKES[ FUNDING PAYMENT €'AY ?;4i f�l :iAV11 r:. `A1 /IE•:C S_ t.1i?:�:1r .;(I .. /.i °'I i, ti;'. ---- t-- --i�, 0.00 r; IC I 'i 3 mblo i•r7(LCi10 1yo 15(m 2S ti°> "um S,4'.,'I,1!e ?u''r.ofi losily 1 ., t'r li.fl.`i';„ '14 156 15 Wi ,. rt1 1 AR3 qn, 1,105625 1,145 Oun 41 VGA 00 ly=m 1365 . -. .. .- ., 1' "U'.. ,. r .I :. ii'.r t:�ti.,, ti7,3:•r, �., ? .ri•i il', -, „r -•i; �,. ,., . ! WNW) 1:'1,' {'• i• c 1,14iSOO 1050 1,(MA 50 .. , , , � r �'i,r -, t i7 /,C!Sfi3O1) ,. ,,f” a 15. l,''U.,. � 1 > -,, uu ,r• a' .,,. . r I.i•1 ,UUt. al r .,, i'r i l p a; 7157 -50 0,14 Do !ifi:` V - 6i _ 1:i,i �A 6 t - irY, , ,lt :'J 7 , .,. i .. "' '.i!r,t1; =7. .t.,: -., >',uY _' �, L ....>i) 141 �f:' ':i;if ot'r ,13•,J °.!t :i'i ptr t •; .}:: i 1 -! i1i 1i:' - r:`; .. •il 1;!, „S, r.' -. l,,i : =., - t , ;,fit i:1, , iitt, !)ir 4. j ! ,;I r .., .vu, , , - „� - I,,.k f „t:A,i r.t „i .;t•,I :m { ptar r ; ?f!�'.';'o.f; I €:S ci �, ]c ° € S tit �:� I' _... ., ...._ -- - . . . .. .. .. .. ...... . .- ........._. ................ .. ...... .. -..............._._..._._._. _....._._..____.__...._......_„ _.._,. -.. -- -- .... -.. -. 1 � Wva Wym CW0 10 Ib- :!WWI i.la /,i3Oft.f:i 1,1;i7,`�,U(i,ri!i 0Ou ! { „tr,u!in;;",prrourd ... '_t.1'iJ.:17 !2'i;�'i i,”. RMA i „r.• !'r�' ,at7rt:z i, ;9i,J;'.S ril :E!,', }fl.... (:;'1:3 ;I',',diIc1,! ?',rr.ix,, .;r "',.,'} !d121 ;i;. i:i.7, TWO , t! , ril.CriJ , "1h F w.o ri W: ,t1 i 00 {`'. .: i it- ,.:air, -r "�.( ,:.� ,,':}3 „.;. ri •/ ,...r .., •,' ! air:a II'.: ni!c, ; ,,A(=' . .:,. .t,. -,.- o! .,,;:cJ:n; , : ! ::ri;l 1 }::,1J, 111;lt f::,_ an i /intnunl {!Ir' .. ?:' :'Wrlyd fRpji';I; ltiii>:', mgr. lil: EtltiftCCl ::'Ifli noli ! ;f' :!0 O! - I €fa P:AL E :a '0' amp nl 1 ?..,i! j.l t, I•: ;liitEe tk{ i'; -I : -: r`.'ICa.:, II ?r., „ril 15! ,,rlt: a t[II ::r;x crntru<,€ r:sttr,rlt:! WIN r�su I ,t r. , 'Sr }'li:,'.:r,uE .fl '7 ilt,, !i•., ir,;1 i0tr r :'i'i i'Ir : !:9., of rtd., .•;1 ".; !t:!r;i b. tit'. :'1,.. .prat., lit. 11r . u r In:, 'ir:� .:::r:. ,,..:.irr�,•,I:ra, l l,,. „('ui1 rite I,t:hr;l:` . ilic I•d . It'tt�r� i City Council Packet for 9 -8 -09 Page 35 of 132 i CITYCAT OAK PARK HF:;nHTS NWINESOTA TAY, I' XE:;fi @i�'3 (:iC]I�IC)S v. TAXABLE:. >,t)NDS (E3/.0B4) 1 No :,1, If35, 000 CSC) Gaphal ImWovc:ment 13or3ci:;;, Sorics 2009A (13AD's hi- xitNu- i anrtti)1o) "r 11 - t tip C: !. €l�A1�1i :5 1 1..fi."I Slr.�tiil !'ik'CAr�i=•'':'i IN I'MS HIS PyF.1'I CAP EftT NINUM H AI h V N. --RLS' i A1 NI f�UNDING P AYMI -N I 71 viol ' rit , ;iT, fl{iil r ..�,.. ,:I, { ?> jii li }) ss,; 7!• {s', I Nj OWN .. o. . i 3L, ..,:s is ' %rL i.', { %� -,r, i, 1'. if s rl i I i i iJi�[E °t!,ulr i;r- :rair!te.s, 11�c. logo ,' pity Council Packet for 9 -8 -09 Page 36 of 132 s, fi �a � f„� \. £eS� )� t;!ilkf. €4•s i 1 . �k�`�# fi' i5(f t11; St:r t >, ".00"M f Mums do Usw� Uawd OM(i AMP i i3alivaf,'cf h!,'''15l: ??fflt'' :if7UCC4ti (Jf I- EE13cls !'31 i�1f11C,f1 } {1ti 17"13f15 I,!- 1'�;1f'I ;,!III Uses Of Funds 23AS E , MOOR) R) !oi;ai Eisr.s �,;O ' 1- • f•I': ,,, is :',EP:.,; r 4�14.•:r!' ;:'fi .. .: I'i.� City Council Packet for 9 -8 -09 Page 37 of 132 ;'# tli il;: i Ifl:!i1Crf i'tye $ 17 I .. qril Pit .. i;.;:<01', 10n��,iii]i).fll'i i.E;q('Pi. ;'': {,i'9•?.',jf) WNW W I i;(Vi_• 2A M ,50 „93 P G .,,, , 00 Ilc! %: 2 1 iiEi0 0;1 1 MUM Q 1 W20" ri2.)', vmI;s. :84H12 - 50 YO KO ,., . .,. ''1, ,1,G(i; +.'�) 3. ?C;( %. �i,'•'IS.i'it? i 4, ;'i! 502000 i:- '.i.';'.'f ......... . ..__. ._..... _...,..._... fotril ; OOCLOf} $2'SEI �,1, >i 1,T7;1.,;4 loon And Tenn Strtic= O!" WOW) . 300 13 129 Yew u,lc9 it r1 iY I, ,, Pinl.cr: ,c- 0307051A ��1r:i! I II I 1'Ct_II i1ii= ".'; F) , It iGgyncij}P for 9 -8 -09 p q Page 38 of 132 T ." d y < .4 � } ° � < tit x }r �! - �: � rc, D;�ti! l�rirzc:ih<.I ;ot:iic }n IIItU( t Totai P-1.1 C:I Ihief W ?v1 1715 __ ..._._ ........ ....._._. -.. _.. --..... - 7,c l� Fr., 7 (( I.` 6: 15.i_. .LE:i] 1j 1n ,..;al i I(1;1, r .Y l:'ll •.: {.1 �.Cil 1, .,, i i i .'!;r i -,'; I i� .`.i(S!',, G;' in :,i:,i,7(I'i;•; i'1.1tai.Ji 1'1,i.`r'i.',_('> - I �,'i.'.ii'25 56. 2 - „,')f;',, -1 i;i 01(} i :�J!!�i;�� { 1211,('r';:�,i `c1ll ... r +l °,i ":, il >�'i .; ?`:, 1'3U,ti? i ?5 � - I ;'lE,62'i .; "., 0 1i UO i 2fi `).(. W) . fir.- ,..il "r4 l�i[I, ,'•�), }I7 'Y�. ,E1 I1. 1..' i'.. _ .: i i',:ii,iliiU.v. [SE15,. 2,661 J(i %.i ii L. - ;i) ago W" To w 11, 14}5,U(1U.Ut) IG,71 i'l:i 11 Ir.3.'i? 2.3,111.FiS $1 3Bd „ _ ._.._ ...... _. ....... _. - fr f�ll�l �I'1 secul itio's, IrIc ". City Council Packet for 9 -8 -09 Page 39 of 132 t } ) f ,\ ! V 3 111 \ (. ) 11 ! ,). { \2 \) / \ /G / \}#/ i2 lb :�J / / \i\ ; \j. � c . a © z � Gi + b z2 >sa� .2 Gdlg SaEza pS) OS kA 1N !u H CC mlo wj w�o9em:wGgxw - STS OE %sUANCEOq«m m2G m «w 9»,emo Swum xx««w« syKy 1£± Al. � $17, 190.00 J \/ our &w 6r = as q a1& (JP I"ol)(5 l;a�tcxf OJII5i 200) � D Iiv(.rec1 09i1!.1200 :]q:1i'E1f:5 {)t �'EJ1lCI I Dial iULj c '. S1, 14, b,783.75 Us(- 01 Fiimd1u -- . ._... -. _ . _ _.._ -.... _.__._. __..... . �'(.i',.iilc.i ,)I, .:, /' ; 1 1.' :-13:S.i'- of f.;i':;r•�i;i# to 1 .��3hi#� ?1i�c•iJ 13'illrt;5i ( {.;11=1 Fu!xi - 2 1 17i`i�l;�:il E,�• i'.:;r•::::! t.:i�n:;r.::aion Fcn;1 ;,'i3i..SiiU i ?''? 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''' •piY 77 - i�' I ' Q P: /�r ^'�- �'�aJ- s � - x '� � 1 ' '� "'3 � - C n m � € r VA " k k v r ' x t City of Oak Park, Minnesota General Obligation CIP, Series 2009B Tax - Exempt vs Build America Bonds (direct pay) coo A Comparison %11 if Tax Exempt BAB's Project Amount ,1 37 n0 7 137,500 j financing Costs 33,190 32,984; Capitalized Interest 26,145 21,507 Rounding 3,165 2,293 Less Equity Contribution (Excess of 2% COI) (8,669) I'lus Investment Earnings - Total Par Amount $ 1,200,000 $ 1,18:5,000 Average Interest Irate 3.21 IYO 4.12`%o Net Effective Rate 3.21% 2.68 Total Interest 235,183 296,407 Total IRS Payments - (103,742) Capitalized Interest (26,145) (21,507) Net Interest $ 209,040 $ 171,157 "Total Principal & Interest 1,435,185 1,481,407 Total Net Principal & Interest 1,409,040 1,356,157 Principal & interest Cast Difference S - $ 52,883 Adjust for t qt €ity Regt €irement Net Rounding ( Net Benefit S 43,342 f ' k Northland Securities, Inc Public Finance Page 1 City Council Packet for 9 -8 -09 Page 49 of 132 e g I� r ,. S � i � a a ��. b�� �: �� ��.�., � � .y. ]. a����•n .�.... ,��� � ,���x -�'.� � �'' � �*,�°`. '� s _ f m: v -�.,` 4 _ r v�v r � a � - sr. EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA FIELD: September 8, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Oak Park Heights, Washington County, Minnesota, was duly held at the City Hall on September 8, 2009, at P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $1,185,000 General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A (Build America Bonds). The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 09- - RESOLU'T'ION PROVIDING FOR THE ISSUANCE AND SALE OF $1,185,000 GENERAL OBLIGATION TAXABLE CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2009A (BUILD AMERICA BONDS) AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on November 7, 2007, the City Council of the City of Oak Park Heights, Minnesota (the "City "), held a public hearing on the proposed issuance of General Obligation Taxable Capital Improvement Plan Bonds and, pursuant to Resolution Nos. 7 -11 -62 and 7- 11 -63, approved and adopted the 2008 through 2012 Five -Year Capital Improvement Plan for City of Oak Park Heights, Minnesota (the "Plan "), all in accordance with the provisions of Minnesota Statutes, Section 475.521; and B. WHEREAS, on May 13, 2008, the City Council adopted Resolution No. 09 -05- 19, which approved the issuance of general obligation capital improvement plan bonds to finance the rehabilitation and/or replacement of city hall facilities, including the police department and public works areas (the "Project "), all pursuant to the Plan; and C. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the Administrator within thirty days after the public hearing on the PIan and on the issuance of the general obligation capital improvement plan bonds; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,185,000 General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A (Build America Bonds) (the "Bonds" or, individually, a "Bond "), pursuant to Minnesota Statutes, Section 475.521 and Chapter 475, to provide funds to finance the Project; and 2393838v1 City Council Packet for 9 -8 -09 Page 52 of 132 E. WHEREAS, the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the principal and interest to become due in any year on all the outstanding bonds issued by the City under Minnesota Statutes, Section 475.521, including the Bonds, will be less than 0.16 percent of the taxable market value of property in the City; and F. WHEREAS, the City has retained in , Minnesota, as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statues, Section 475.60, Subdivision 2(9); and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Oak Park Heights, Minnesota, as follows: I . Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser "), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the suin of $ plus interest accrued to settlement, is hereby accepted. 2. Elections for Build America Bonds; Findings. The City hereby makes an irrevocable election to have Section 54AA of the Code apply to the Bonds, in order to designate the Bonds as Build America Bonds pursuant to Section 54AA(d)(1)(C) of the Code. The City hereby makes an irrevocable election to have Subsection 54AA(g) of the Code apply to the Bonds, in order to designate the Bonds as qualified bonds pursuant to Section 54AA(g)(2)(B) of the Code. In support of such elections, it is hereby found, determined and declared that: (a) the Bonds are not private activity bonds and the interest on the Bonds would (but for this election) be excludable from gross income under Section 103 of the Code; (b) the Bonds are issued after February 17, 2009 and before .January 1, 2011; (c) no more than 2% of the proceeds of the Bonds will be used to finance costs of issuance of the Bonds; (d) the issue price of the Bonds does not have more than a de minimis amount of premium over the stated principal amount of the Bonds; (e) the capitalized interest included in the bond issue does not exceed the construction period for the Project; and (f) 100% of the available project proceeds of the Bonds, there being no reasonably required reserve therefor, are to be used for capital expenditures which are not working capital expenditures. 2393838vl 2 City Council Packet for 9 -8 -09 Page 53 of 132 3. Bond Terms. (a) OriOnal Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated September 15, 2009, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "), and shall mature on December 15 in the years and amounts as follows: Year Amount Year Amount 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onlv Svstem. The Depository 'Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereuildef'(the "Depositoiy ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 6 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. ' . . ' (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than 2393838vl 3 City Council Packet for 9 -8 -09 Page 54 of 132 the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Molder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such 2393838v1 City Council Packet for 9 -8 -09 Page 55 of 132 consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6, snake a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only Svstem. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 4. Pumose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is 2393838vi 5 City Council Packet for 9 -8 -09 Page 56 of 132 estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 5. Interest The Bonds shall bear interest payable semiannually on June 15 and December 15 of each year (each, an "Interest Payment Date "), commencing December 15, 2009, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 6. Optional Redemption. All Bonds maturing on December 15, 2017, and thereafter shall be subject to redemption and prepayment at the option of the City on December 15, 2016, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of ally Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 2393838v1 6 City Council Packet for 9 -8 -09 Page 57 of 132 7. Extraordinary O - otional Redemption. At the option of the Issuer, the Bonds are subject to extraordinary redemption on any date, in whole, but not in part, at a redemption price equal to par plus accrued interest to the redemption date, in the event the federal government discontinues the build America Bonds direct payment program with retroactive applicability to bonds issued prior to the date of such discontinuance (including the Bonds). 8. Bond Re is trar Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 9. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 2393838vl 7 City Council Packet for 9 -8 -09 Page 58 of 132 UNITED STATES Or AMERICA STATE OF MINNESOTA' WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R- GENERAL OBLIGATION TAXABLE CAPITAL IMPROVEMENT PLAN BOND, SERIES 2009A (BUILD AMERICA BONDS) Interest Rate Maturitv Date Date of Original Issue CUSIP December 15, September 15, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF OAK PARK HEIGHTS, Washington County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon semiannually on June 15 and December 15 of each year (each, an "Interest Payment Date "), commencing December 15, 2009, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond_ Registrar "), acting as paying agent, or any successor paying; agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing; thereon at the close of business on the first day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date "').fixed,by the Bond, Registrar.whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until 2393838vl 8 City Council Packet for 9 -8 -09 Page 59 of 132 termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee: Optional Redelrintion. The Bonds of this issue {the "Bonds ") maturing on December 15, 2017, and thereafter, are subject to redemption and prepayment at the option of the Issuer on December 15, 2016, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for'each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Extraordinary Optional Redemption. At the option of the Issuer, the Bonds are subject to extraordinary redemption on any date, in whole, but not in part, at a redemption price equal to par plus accrued interest to the redemption date, in the event the federal government discontinues the Build America Bonds direct payment program with retroactive applicability to bonds issued prior to the date of such discontinuance (including the Bonds). Issuance; Purpose; General Obligation'. - Thi$ Bond is'one'of an issue in the total principal amount of $1,185,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on September 8, 2009 (the "Resolution "), to finance the rehabilitation and /or replacement of the city hall facilities, including the police department and public works areas, as provided in the 2009 through 2012 Five -Year Capital Improvement Plan for the City of Oak Park Heights, Minnesota. This Bond is payable out of the General Obligation Taxable Capital 2393838x1 9 City Council Packet for 9 -8 -09 Page 60 of 132 Improvement flan Bonds, Series 2009A (Build America Bonds) Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, preinium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; ExchanLe; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of tire rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees uuon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose naive this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Taxable Oblization. THE ISSUER HAS ELECTED TO ISSUE THIS BOND AS A TAXABLE OBLIGATION, AND ACCORDINGLY THE INTEREST ON THE BOND IS INTENDED TO BE INCLUDED IN GROSS INCOME FOR FEDERAL INCOME TAXATION PURPOSES AND, TO THE SAME EXTENT, IN BOTH GROSS INCOME AND TAXABLE NET INCOME FOR STATE INCOME TAXATION PURPOSES. This Bond does not qualify for designation by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 2393 838v 1 10 City Council Packet for 9 -8 -09 Page 61 of 132 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION Isl Facsimile This Bond is one of the Bonds Mayor described in the Resolution mentioned within. Northland Trust Services, Inc. Isl Facsimile Minneapolis, Minnesota, Administrator Bond Registrar By Authorized Signature 2393838v1 I I City Council Packet for 9 -8 -09 Page 62 of 132 ABBREVIATIONS. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties , 1T TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: - - -- --------------- - Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 23938380 12 City Council Packet for 9 -8 -09 Page 63 of 132 PREPAYMENT SCHEDULE 'This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 2393838vi 13 City Council Packet for 9 -8 -09 Page 64 of 132 10. Execution, Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 11. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 15, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 12. Registration, Transfer; Exchanve. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one o '• more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, However, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2393538v l 14 City Council Packet for 9 -8 -09 Page 65 of 132 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 13. RiLhts Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 14. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") folder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the first day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 15. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of the Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13) on, the Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 16. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 17. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A (Build America Bonds) Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial 2393838v1 15 City Council Packet for 9 -8 -09 Page 66 of 132 records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have'been _ iullypaicl. There shall'be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest. From the Construction Account there shall be paid all costs and expenses of financing the Project listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65, including interest on the Bonds payable during the construction period. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied and prior to the completion of construction of the Project; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the City Council to the Debt Service Account, but only with the written advice of bond counsel. Notwithstanding the foregoing, other than costs of issuing the Bonds within the 2% limit, the only costs of the Project paid from proceeds of the Bonds shall be capital expenditures which are not working capital expenditures, or pursuant to written advice of bond counsel. All earnings on the Construction Account shall remain in the Construction Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) accrued interest received upon delivery of the Bonds; (ii) all collections of taxes herein or hereafter levied for the payment of the Bonds; (iii) only with the written advice of bond counsel, all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would 2393838v3 16 City Council Packet for 9 -8 -09 Page 67 of 132 cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 18. Tax Levy: Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2009 -2018 2010 -2019 See Attached Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Bonds, will produce at least dive percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 20. Compliance With Reimbursement Bond Reaulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: 2393838v] 17 City Council Packet for 9 -8 -09 Page 68 of 132 (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from . which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to. (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de ininin is amount of Reimbursement Expenditures not in excess of the lessee of $ 100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure was incurred after February 17, 2009, and is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.I50- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for'the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 21, General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. if the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the 2393838v1 18 City Council Packet for 9 -8 -09 Page 69 of 132 Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) to provide or provide or cause to be provided, to the Municipal Securities Rulemaking Board, by filing at www.emma.msrb.org, (i) at least annually, its audited financial statements for the most recent fiscal year, and (ii) in a timely manner, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking; and. (b) its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the Authority's obligations under the covenants. The Mayor and Administrator, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds and (iii) acceptable to the Officers. 23. Certificate of Registration, The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and 'information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the boobs and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 25. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Status of the Bonds as Build America Bonds: Rebate; Elections. The yield on the Bonds shall be reduced by the tax credit allowed under Section 0431 of the Code. As a condition for their designation as Build America Bonds, the Bonds shall meet all requirements for the exclusion of interest from gross income under Section 103 of the Code. The City shall comply with requirements necessary under the Code to establish and maintain the status of the Bonds as Build America Bonds which are qualified bonds, including requirements relating to the exclusion 2393838x1 .19 City Council Packet for 9 -8 -09 Page 70 of 132 from gross income under Section 103 of the Code of the interest on the Bonds but for their election of Build America Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the .rebate of excess investment earnings to the United States. The City expects to satisfy the eighteen month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148- 7(d)(1) of the Regulations. If any electrons are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, the Administrator or either one of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Payable 35% Credits. Sections 54AA(g) and 6431 of the Code provide that the issuer of Build America Bonds which are qualified bonds, for which the City in paragraph 2 has made the irrevocable elections required by law, shall be allowed a credit with respect to each interest payment date under such bonds, which shall be payable by the Secretary of the Treasury. The Secretary of the Treasury shall pay (contemporaneously with each interest payment date under such bonds) to the issuer of such bonds (or to any person who makes such interest payments on behalf of the issuer) 35% of the interest payable under such bonds on such date. The City and its officers and staff shall take such actions as are necessary to timely apply for and receive such credits, including filing a Form 8038 information return with respect to the Bonds and Form 8038 -CP returns for credit payments to issuers of qualified bonds with respect to each interest payment on the Bonds. 28. No Designation of Qualified Tax - Exempt Qblis-yations, The Bonds, as taxable bonds, do not qualify for designation as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code. 29. Payment of Issuance Exnenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by the Purchaser. 30. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a 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. 2393838v3 20 City Council Packet for 9 -8 -09 Page 71 of 132 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS 1, the undersigned, the Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1,185,000 General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A (Build America Bonds). WITNESS my hand on September 8, 2009, Administrator 2393838vl 2 1 City Council Packet for 9 -8 -09 Page 72 of 132 2393838v1 City Council Packet for 9 -8 -09 Page 73 of 132 EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CI'T'Y OF OAK PARK HEIGHTS, MINNESOTA HELD: September 8, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Oak Park kleights, Washington County, Minnesota, was duly held at the City Hall on September 8, 2009, at P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $1,195,000 General Obligation Capital Improvement Plan Bonds, Series 2009A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 09- - RESOLU'T'ION PROVIDING FOR 'THE ISSUANCE AND SALE OF $1,195,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2009A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on November 7, 2007, the City Council of the City Oak Park Heights, Minnesota (the "City "), held a public hearing on the proposed issuance of general obligation capital improvement plan bonds and, pursuant to Resolution Nos. 7 -11 -62 and 7 -11- 63, approved and adopted the 2008 through 2012 Five -Year Capital Improvement Plan for City of Oak Park Heights, Minnesota (the "Plan "), all in accordance with the provisions of Minnesota Statutes, Section 475.521; and B. WHEREAS, on May 13, 2008, the City Council adopted Resolution No. 08 -05- 19, which approved the issuance of general obligation capital improvement plan bonds to finance the rehabilitation and /or replacement of city hall facilities, including the police department and public works areas (the "Project "), all pursuant to the Plan; and C. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the Administrator within thirty days after the public hearing on the Plan and on the issuance of the general obligation capital improvement plan bonds; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,195,000 General Obligation Capital Improvement Plan Bonds, Series 2009A (the "Bonds" or, individually, a "Bond "), pursuant to Minnesota Statutes, Section 475.521 and Chapter 475, to provide funds to finance the Project; and 23982591 City Council Packet for 9 -8 -09 Page 75 of 132 E. WHEREAS, the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the principal and interest to become due in any year on all the outstanding bonds issued by the City under Minnesota Statutes, Section 475.521, including the Bonds, will be less than 0.16 percent of the taxable market value of property in the City; and F. WHEREAS, the City has retained , in , Minnesota, as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statues, Section 475.60, Subdivision 2(9); and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Oak Park Heights, Minnesota, as follows: 1. Acceotance of Offer. The offer of Northland Securities, Inc. (the "Purchaser "), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; 'term Bond Ontion. The Bonds shall be dated September 15, 2009, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R- I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity -(the "Authorized Denominations "), and shall mature on December 15 in the years and amounts as follows: Year Amount Year Amount 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: 239&2590 City Council Packet for 9 -8 -09 Page 76 of 132 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. 2398259v1 City Council Packet for 9 -8 -09 Page 77 of 132 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry forn shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-�eintry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 23982S9v) City Council Packet for 9 -8 -09 Page 78 of 132 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute ,securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 1 Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest The Bonds shall bear interest payable semiannually on June 15 and December 15 of each year (each, an "Interest Payment Date "), commencing December 15, 2009, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Year Interest Rate Maturity Year Interest Rate 2010 % 2015 % 2011 2016 2012 2017 2013 2018 2014 2019 5. Redemption. All Bonds maturing on December 15, 2017, and thereafter shall be subject to redemption and prepayment at the option of the City on December 15, 2016, and on any date thereafter at a price of par plus accrued, interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be 23982590 City Council Packet for 9 -8 -09 Page 79 of 132 prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denornination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in forrrr satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 23982590 City Council Packet for 9 -8 -09 Page 80 of 132 UNITED STATES OF AMERICA STA'K'E OF MINNESOTA WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS R- $ GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BOND, SERIES 2009A Interest Rate Maturity Date Date of Original Issue CUSIP % December 15, September 15, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF OAK PARK HEIGHTS, Washington County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above; unless called for prepayment, and to pay interest thereon semiannually on June 15 and December 15 of each year (each, an "Interest Payment Date "), commencing December 15, 2009, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the first day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant tot e Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 2398259v1 City Council Packet for 9 -8 -09 Page 81 of 132 Optional Redemption. The Bonds of this issue (the "Bonds ") maturing on December 15, 2017, and thereafter, are subject to redemption and prepayment at the option of the Issuer on December 15, 2016, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in pant, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds prior to the date fixed for redemption. Selection of Bonds for Redemption, Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal .amount of such Bond, of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance, Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,195,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on September 8, 2009 (the "Resolution "), to finance the rehabilitation and /or replacement of the city hall facilities, including the police department and public works areas, as provided in the 2008 through 2012 Five -Year Capital Improvement Plan for City of Oak Park Heights, Minnesota. This Bond is payable out of the General Obligation Capital Improvement Plan Bonds, Series 2009A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange, Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations 2398259v1 City Council Packet for 9 -8 -09 Page 82 of 132 provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable. by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the sarne rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Oak Park Heights, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 2398259vl City Council Packet for 9 -8 -09 Page 83 of 132 Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION /s/ Facsimile This Bond is one of the Bonds Mayor described in the Resolution mentioned within. Northland Trust Services, Inc. Is/ Facsimile Minneapolis, Minnesota, Administrator Bond Registrar By Authorized Signature 23982591 City Council Packet for 9 -8 -09 Page 84 of 132 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties ,IT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for {Gust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Band in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 23992590 City Council Packet for 9 -8 -09 Page 85 of 132 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 2398259v1 City Council Packet for 9 -8 -09 Page 86 of 132 8. Execution; Temnorary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures' of its Mayor and Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hercinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 15, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. ReaYistration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange; the City 'shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 23982590 City Council Packet for 9 -8 -09 Page 87 of 132 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. 'transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the first day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of the Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, the Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Improvement Plan Bonds, Series 2009A Fund" (the "Fund ") to be administered and maintained by the Finance'Director`ds'd bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall 2398259x1 City Council Packet for 9 -8 -09 Page 88 of 132 be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account, To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued and capitalized interest. From the Construction Account there shall be paid all costs and expenses of financing the Project listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the City Council to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) accrued interest received upon delivery of the Bonds; (ii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before ); (iii) all collections of taxes herein or hereafter levied for the payment of the Bonds; (iv) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield .restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1 986, as amended (the "Code "). 16. Tax Levv: Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon'all of the taxable property in the City a direct 23982590 City Council Packet for 9 -8 -09 Page 89 of 132 annual ad valorem tax which shall be spread upon the tax 'rolls' and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levv Years Collection Years Amount 2009 -2018 2010 -2017 See Attached Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17, Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on.such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure ")., The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to'which the Declaration relates and for which the 23982590 City Council Packet for 9 -8 -09 Page 90 of 132 Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de n7inimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 19. General Ubli,, Pledv-c. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. if the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) to provide or provide or cause to be provided, to the Municipal Securities Rulemaking Board, by filing at www.emma.msrb.org, (i) at least annually, its audited financial statements for the most recent fiscal year, and (ii) in a timely manner, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking; and. 23982591 City Council Packet for 9 -8 -09 Page 91 of 132 (b) its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the Authority's obligations under the covenants. The Mayor and Administrator, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds and (iii) acceptable to the Officers. 21. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax- Exern - ot Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (to'gether'with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bond is a private activity bond; (iii) ninety five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a 2398259v1 City Council Packet for 9 -8 -09 Page 92 of 132 governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Oualified Tax- Exemot Obligations. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $30,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Pavment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by the Purchaser. 27, Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 2398259] City Council Packet for 9 -8 -09 Page 93 of 132 The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a 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. 2398259vl City Council Packet for 9 -8 -09 Page 94 of 132 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS 1, the undersigned, the Administrator of the City of Oak Park Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1,195,000 General Obligation Capital Improvement Plan Bonds, Series 2009A. WITNESS my hand on September 8, 2009. Administrator 2398259v] City Council Packet for 9 -8 -09 Page 95 of 132 Eric Johnson From: Judy Holst Sent: Thursday, September 03, 2009 2:54 PM To: Erie Johnson Subject: FW: Oak Park Heights (City of) MN - - - -- Original Message---- - From: GID - Moody's Investors Service [mailto:epi@nmoodys.com] Sent: Thursday, September 03, 2009 12:19 PM To: 3udy Holst Subject: Oak Park Heights (City of) MN Moo rjy C , MOODY'S ASSIGNS A RATING TO THE CITY OF OAK PARK HEIGHT'S (MN) $1.2 MILLION GENERAL OBLIGATION TAXABLE CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2009A A2 RATING APPLIES TO $7.5 MILLION OF OUTSTANDING GO DEBT, INCLUDING CURRENT OFFERING Oak Park Heights (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A A2 Sale Amount $1,200,000 Expected Sale Date 09/08/09 r Rating Description General Obligation NEW YORK, September 3, 2009 -- Moody's Investors Service has assigned an A2 rating to the City of Oak Park Height's (MN) $1.2 million General Obligation Taxable Capital Improvement Plan Bonds, Series 2009A. Concurrently, Moody's has affirmed the A2 rating on the city's outstanding general obligation debt. The city has $7.5 million of total general obligation debt, including the current offering. Secured by the city's general obligation unlimited tax pledge, bond proceeds will support construction of a new joint city hall and public works facility. The Series 2009A bonds will likely be issued as Taxable Build America Bonds with the interest payment subsidy from the U.S. Department of Treasury expected to offset total borrowing costs; however the city council has not yet determined whether the bonds will be issued as tax - exempt bonds or Build America Bonds. The A2 rating is based on the city's growing tax base dominated by Xcel Energy; strong financial management supported by healthy reserves; below average debt burden with limited future borrowing planned. SOUND FINANCIAL OPERATIONS EVIDENCED BY HEALTHY RESERVE LEVELS Moody's expects the city's financial position to remain sound due to demonstrated prudent management evidenced by sizable and stable reserves. Following six consecutive years of posting operating surpluses, the city City Council Packet for 9 -8 -09 Page 97 of 132 recorded an operating surplus of approximately $80,000 in fiscal 2008, increasing the General Fund balance to $2.6 million, or 64.9% of General Fund revenues. The city's reserve policy is particularly strong, requiring maintenance of 50% of the following fiscal year's tax levy, less 50% of the amount budgeted for transfers out for cash flow needs. In addition the city also sets an amount equal to 15% of the budgeted expenditures less 50% of the transfers out as a general contingency for unanticipated expenditures. Adherence to these policies has resulted in the city maintaining reserves historically well exceeding 50% of General Fund revenues. Almost 79% of revenues are generated from local property taxes, and the city does not receive any state local government aid. In 2008 the city closed its sanitation enterprise fund and moved all operations to the General Fund. A certain measure of flexibility in the General Fund exists as several city services could be funded with a charge for service rather than through the General Fund levy, however these costs could place pressure on General Fund expenditures in the future. Management expects to end with balanced operations to a slight surplus in fiscal 2009. As property tax limits have been imposed for Minnesota local governments, the city's revenue raising flexibility is somewhat limited. Tax levy increases are limited to 0.83% for 2010, plus new growth, with exemptions for certain expenditures. Officials report they will likely levy up to the max allowed for the city in fiscal 2010 (an increase of 1.83 %), but will not need to make expenditure cuts in order to balance the upcoming budget. Moody's anticipates the city's strong financial position will be maintained based on the city's conservative budgeting practices and history of prudent fiscal management. GROWING TAX BASE DOMINATED BY XCEL ENERGY Located 20 miles west of 5t. Paul (general obligation rated Aa2) the city sits along the St. Croix river, south of Stillwater (rated Aa3). The city's tax base, currently valued at $745 million, has grown an average of 7.7% annually over the past five years. Recent growth is primarily attributed to new commercial development along highway 36. The city's largest taxpayer, Xcel Energy (senior unsecured rated Baal) accounts for a substantial 34.3% of Net Tax Capacity. Xcel recently completed a $40 million expansion at the Oak Park Heights plank, and according to city officials has invested approximately $300 million over the past several years associated with the Metropolitan Emissions Reduction Program. Favorably, the coal fired generating power plant has decreased over time as a percentage of the city's valuation (down from 50% in 1998), however Moody's believes this concentration poses vulnerabilities, given the city's heavy reliance on property taxes, which comprise over 78% of operating revenue. Wealth indices are relatively aligned with state averages with median family income and per capita income averaging 122.2% and 100.4% of state values. Washington County's unemployment rate (7.49 in May 2009) is typically slightly below state levels (7.8% for the same time period). Moody's expects the city's tax base will continue to experience Moderate growth due to its proximity to the Twin Cities and ongoing commercial and residential development. BELOW AVERAGE DEBT BURDEN WITH NO FUTURE BORROWING PLANNED Moody's expects the city's below average 2.5% debt burden (1% direct) to remain manageable due to future tax base growth and the absence of any planned future borrowing. Principal amortization is below average, with 45% of all general obligation debt retired within ten years. The city has minimal outstanding general obligation debt. All outstanding debt has been issued to finance construction of a new city hall, which should be completed by early 2 City Council Packet for 9 -8 -09 Page 98 of 132 2010. Officials report there are no plans to issue additional debt over the near to mid -term. KEY STATISTICS 2008 Population (Estimate): 4,708 2008 Full Value: $745 million 2008 Full Value per Capita: $158,169 Top ten largest taxpayers as a % of net tax capacity: 56.3% (Xcel Energy 34.3 %) Direct Debt: 1% Overlapping Debt: 2.5% Payout (10 Years): 45% Fiscal 2008 General Fund Balance: $2.6 million (64.9% of revenues) Washington County's Unemployment Rate (May 2009): 7.4% 2000 Per Capita Income as a % of State: 100.1% (107.9% of US) 2000 Median Family Income as a % of State: 122.2% (138.8% of US) Post -sale general obligation debt: $7.5 million The principal methodology used for this rating action was "Local Government General Obligation and Related Ratings, and Piercing the G.O. Ceiling ", which can be found at www.moodys.com in the Credit Policy & Methodologies directory, in the Ratings Methodologies subdirectory. Other methodologies and factors that may have been considered in the process of rating this issue can also be found in the Credit Policy & Methodologies directory. The last rating action regarding Oak Park Heights, MN was on May 22, 2008 when an initial A2 rating was assigned. ANALYSTS: Molly Shellhorn, Analyst, Public Finance Group, Moody's Investors Service Rachel Cortez, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: journalists: (212) 553 -0376 Research Clients: (212) 553 -1653 CREDIT RATINGS ARE MIS'S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT -LIKE SECURITIES. MIS DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL, FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT. CREDIT RATINGS DO NOT ADDRESS ANY OTHER RISK, INCLUDING BUT NOT LIMITED 3 City Council Packet for 9 -8 -09 Page 99 of 132 TO: LIQUIDITY RISK, MARKET VALUE RISK, OR PRICE VOLATILITY. CREDIT RATINGS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. CREDIT RATINGS DO NOT CONSTITUTE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS ARE NOT RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. CREDIT RATINGS DO NOT COMMENT ON THE SUITABILITY OF AN INVESTMENT FOR ANY PARTICULAR INVESTOR. MIS ISSUES ITS CREDIT RATINGS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE. Copyright 2009, Moody's Investors Service, Inc. and /or its licensors and affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S "). All rights reserved. ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by MOODY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information. Under no circumstances shall MOODY'S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. The credit ratings and financial reporting analysis observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein, and each such user must accordingly make its own study and evaluation of each security and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. MOODY'S hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MOODY'S have, prior to assignment of any rating, agreed to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from $2,500 to $2,400,000. Moody's Corporation (MCO) and its wholly -owned credit rating agency subsidiary, Moody's Investors Service (MI5), also maintain policies and procedures to address the independence of MIS's ratings and rating processes. Information regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold ratings from MIS and have also publicly reported to the SEC an 4 City Council Packet for 9 -8 -09 Page 100 of 132 ownership interest in MCO of more than 5 %, is posted annually on Moody's website at www.moodys.com under the heading "Shareholder Relations - Corporate Governance Director and Shareholder Affiliation Policy." Moody's Investors Service Pty Limited does not hold an Australian financial services licence under the Corporations Act. This credit rating opinion has been prepared without taking into account any of your objectives, financial situation or needs. You should, before acting on the opinion, consider the appropriateness of the opinion having regard to your own objectives, financial situation and needs. s City Council Packet for 9 -8 -09 Page 101 of 132 This Page Is Left Intentionally Blank. 71, -.6 1� City Council Packet for 9 -8 -09 Page 102 of 132 r r Oak Park Heights ENuOSURE Request for Council Action Meeting Date: Septeniber 8, 2009 Time Required: 10 Minutes Agenda Iteni Title: Appointment of and Swearing in of Police Officer Agenda Placement: New Business Originating Department /Rc quest or: Oak Park heights Police Dept., Chief Brian DeRosier Requester's Signature --- ._... Action Requested: Appointment of and Swearing in of Policc Officer Background /Justification: 1 am requesting the appointment of, and swearing in of Jonathan Givand as a new hire Police: Officer. Givand has successfully completed the Erring process that started in May o1'2009. This position was approved to be filled at the April 28 "' 2009 council niecting as a replacement for a current vacant position within the department clue to an officer leaving, for other Cmployment opportunities. Givand was I of') candidates from the total of over 150 applicants to set himself above the rest to make it to the final selection in the hiring. process. After further interviews and employment references, lie was Selected Out of the top 3 as a final candidate. He then successfully completed an extensive background Investigation and Other background criteria. Givand cones to us with high motivation for the position and a high recommendation from his current employer of 8 years at the Washington County Sheriff s Office .tail. Givand has exhibited his desire to work for 01 PD along Nvith the community attitude he displays, I feel will make him a valuable addition to the 01 1 and community. City Council Packet for 9 -8 -09 Page 103 of 132 OATH OF CITY OFFICER STATE OF MINNESOTA, COUNTY OF WASHINCTON ss. CITY OF OAK PARK moca "I'S 1, f {; u � ,�; r r , i do solemnly swear that l rvill support the Constitution of the [United States and of the State of Minnesota, and faithfully discharge the duties of the office of ".; . ..... of the City of Oak Park I (eights in the County of Washington and State of Minnesota, to the best of nay ,judgment and ability. So help me God. Subscribed and sworn to before me this day of 2007 Administrator Mayor City Council Packet for 9 -8 -09 Page 104 of 132 i �,.��� 1 + �! L C -T k&F s r x,„ i 3 +i fi b b a ...... , : � ,• - v i� §1 �.� �:.: mo d' � f `a °- Y 1 1d { N ... .. - N ? LT'rff �3 � -� . - �*u' mac' - E S s Y H. Appeal process for charges —If a customer feels that charges for utility accounts have been improperly assessed the following process shall be utilized to handle appeals: • Customer shall contact the Accountant to determine if staff may C tTy u -1G1Tr handle the problem. • If the Accountant cannot resolve the appeal, the customer shall ` l "10� communicate the appeal to the City in writing as follow: • Direct written appeal to City of Oak Park Heights, Attention: p fee L PV UG� Finance Director. Indicate account number in appeal letter. • Indicate the nature of problem in appeal letter. • The Finance Director shall research customer usage from the past, make inquires of the customer. • The Finance Director shall then propose a written response to the appeal for approval by the City Administrator. The response shall then be sent to the customer who shall signify acceptance in writing. • If the customer is not satisfied with the response from the written . appeal, he may request that the matter be placed on the agenda and discussed by the City Council at a formal meeting. The City Council shall have the final determination on appeals. 1. Account adjustments and uncollectible accounts -- Occasionally, due to problems with meters, errors in meter readings or similar problems, adjustments must be made to a customer's utility account balance. Also, periodically even after all collection efforts have been exhausted, an unpaid balance still remains on an account. The Finance Director is authorized to make adjustments to accounts for errors, The Director of Finance is authorized to write off account balances up to $100. Write off of account balances in excess of $100 must be approved by the City Council. J. Other • Landlords and/or property owners are responsible for utility account payments if tenants fail to pay. Landlords shall receive notice when tenants are notified of shut off or certification due to delinquency. • Residents who will be gone for a minimum of one month and the residence will be vacant may request to have their water, sewer, and garbage suspended (Snowbird status) until they return. The utility bill will reflect a discontinuation of services except for the State Water Connection Fee and the Storm Sewer Charge. Adopted by the City Council: November 27, 2007 -3- City Council Packet for 9 -8 -09 Page 106 of 132 rv' T `ex iS4[�A�i L rBfY x .4;rryl �:= t^ 4 Is i �� .'_i k,R •Z.: ,%�a - ' s. »». .a.,;. �:.R ll { "a ��tr - - ..... $�' ^� �aS� s �.. r � � 4 4 fP.:.:"i 'F,,; - .,, i t r � � i«g �ui� q.:ra � {�� : xi � - s I � - � ✓s� - y � 1 � d F #'t ��. d 3 " aa I t i i` 77 7- 2- •fi < t u t+ €> s :.a I *.'s , .� .... �� R. or i y .. �y.. -,. �.�, ip ,35m a J Mayon Beaudet & City Council Members Page 2 August 26, 2009 3. Meter Reading Sheets Reporting Current Use 3/1/2005 through 8/31 /2006 ® "These ten meter reading sheets show the handwritten entries by county staff and the printed entries by city staff. They demonstrate modifications and adjustments made by the staff involved attempting to resolve apparent discrepancies. A narrative is provided that shows the water and sewer usage derived from the sheet entries compared to actual usage for the Low Flow meter. 4. Table of Calculated 'Total LEC Water Use Based on Beginning and Ending Meter Readings for the Period 12/29/2003 and 12/30/2008 e This worksheet demonstrates water use for the period was 32,142,000 gallons using a calculation based on actual beginning and ending meter readings for this period. The overcharges came to the county's attention as a result of a Sales and Use Tax Audit by the Minnesota Department of Revenue. When researching the sales tax refund potential, county staff found unusual patterns of sales tax charges which led them to review the underlying water and sewer charges. In June of 2008, county staff began reviewing the processes and documentation for the water and sewer charges for the LFIC. l3xhibit I provides a high level summary of the issues involving meter readings and the calculated charges on the invoices for water and sewer usage at the LEC that were identified by county staff'. On several occasions beginning in March of 2009, county staff met with city staff to review the refund claim docun7et1tation. The evidence supporting the refund claim has never been proven inaccurate. However, the county's claim for a refund has been denied twice. This is documented in correspondence dated May 15, 2009, and July 24, 2009, signed by Judy Hoist, Oak Park Ileights' Deputy Clerk /Iainancc Director. The three bases for the denial were: there is no way to re -read meters to confirm usage due to the passage of tithe; no reliable data exists to challenge that the meter readings submitted were incorrect; and that no responses or comments were submitted to the city regarding audit adjustments in April 2008. In response to the first basis of denial, there are meter readings that were and are even now used as the basis for charging water and sewer services for the I.,IC which both the city and the county accept as valid, reliable, and accurate. Since these readings are not in contention, they can stand as a point of agreement that can be used to demonstrate the total usage over the entire period. Based on the total gallons invoiced to the county in Exhibit 2 and the calculations in Exhibit 4, it can be shown that actual usage is significantly less than was billed to the county. Therefore, the county can demonstrate that the individual meter reading documents and invoices can be shown to have overstated water and sewer use for the period and that actual usage can be verified. In response to the second basis for denial, Exhibit 3 is provided with examples of the confusion and modification trade to the meter readings. In this series of ten meter reading documents, it can be shown that the meter readings were modified in numerous attempts to correct or remedy problems city and county staff seemed to be aware of but struggled to resolve and subsequently did not fully correct. This often appears to have been done to avoid the illogical outcome of reporting a "negative" water usage meter reading. It is not reasonable to assert that since erroneous documents are a matter of record, they must be accurate representations of the facts. The meter reading documents demonstrate that the staff involved questioned the validity of the readings. The accuracy of the meter reading sheets can be easily disproved by comparing them to the calculations in Exhibit 4. liven when the meter reading process was City Council Packet for 9 -8 -09 Page 108 of 132 I 7 'A 7 a ge,!. 7 �- - al 7, � 7777 �o . . . . . . . . . . . 10 I �-z ZA-11 MIT QE z IR77 771 a - K i r3 7,M MM C �i ,I _ w ,l 11M am T' ,� ,. � . ..s } �� F4L TV �s W NW a x y �fi f y w l �- 1 Y �q F 2� 5 S 1 I I : Exhibit 2. Invoices for I_EC Water and Sewer Charges 1/31/2004 through 12130/2008 Calculated Rate from, nvoices Original Invoice Charges Revised Charges Per Request Difference Original and Revised Request Invoice Water Sewer Conct Saies Gallons In I Gallons in Gallons In n Ex.`s I [late � Cost Cost Fee Tux 000'3 ( Water i Sewer 000's ( Water I Sewer 000'3 I Water Sewer Total 12/30/08 $2.61 $3.40 $1.59 $0.00 1.285 S 3,355 $ 4,368 1 $ 3 $ 4 - $ - $ o 09/30/08 $2.62 $3.40 $1.59 $0.00 1,580 4,143 5 1 4 5,371 - - - D 06/30/08 $2.63 $3.40 $1.59 $0.00 1 4 5.871 1.717 4,509 5,837 (1 o) 26 34 60 `-' 03/31/08 $2.62 $3.40 $1.59 $257.22 1 3.956 5 1 510 3,956 5,133 - - - - v 12/31/07 $2.36 $3.40 $1.59 $151.70 988 2.332 3.358 1.658 3,914 5.635 670 (1,582) (2,277) (3,859) m 09/30/07 $2.38 $3.40 S1.59 $194.66 1 2,993 4 1.979 4,701 6,727 719 (1,708) (2444) (4,152) 0 06/30/07 $2.35 $3.40 $1.59 $136.22 890 2 3 1.475 3,471 5 585 (1 (1 (3,365) 03/31/07 $2.37 $3.40 $1.59 S182.34 1.182 2.804 4,018 1.911 4 6,496 729 (1 (2 (4.207) 0 12/31/06 $2.09 $3.40 $0.53 $116.68 859 1,794 2,920 859 1 2 - - - - 11/30/06 $2.07 $3.40 $0.53 $64.29 477 988 1,621 437 906 1,485 (40) 83 136 219 10/31/06 S2.07 $3.40 $0.00 $64.29 477 989 1,621. 438 908 1 (39) 81 133 213 3k 09/30/06 $2.09 $3.40 $0.00 $145.89 1,072 2,244 3,644 743 1,556 2,526 (329) 689 1,118 1,807 08/31/06 $2.09 $3.40 $0.00 $145.89 1,072 2 3.644 743 1,555 2,526 (329) 689 1,118 1,807 3j 07/31/06 $2.09 $3.40 $0.00 $100.49 741 1.546 2.519 561 1,170 1,907 (180) 376 612 987 1. 06/30/06 $2.09 $3.40 $0.00 $100.49 741 1 2 561 1,170 1,907 (180) 376 612 987 3i 05/31/06 $2.10 $3.40 $0.00 $281.26 2.059 4,327 7.000 430 904 1.462 (1,629) 3,423 5,538 8,962 04/30/06 $2.10 $3.40 $0.00 $281.39 2 4,329 7,004 431 906 1 (1,629) 3.423 5 8,962 3h 03/31/06 $2.10 $3.40 $0.00 $426.91 3 6,568 10,611 646 1.359 2196 (2 5,208 8.415 13,623 1. 02/28/06 $2.10 $3.40 $0.00 $427.05 3,122 6.570 10,614 646 1 2 (2.476) 5,211 8 13.629 39 01131/06 $2.10 $3.40 $0.00 $239.84 1,757 3.690 5.973 369 775 1,255 (1 2 4,719 7 12/31/05 $2.10 $3.40 $0.00 $239.97 1,758 3.692 5,977 368 773 1.251 (1 2,919 4,726 7.645 3f 11/30/05 $2.10 $3.40 $0.00 $444.74 3,251 6 11 606 1,275 2,060 (2.645) 5,567 8.993 14,559 " 10131105 $2.10 $3.40 $0.00 $444.74 3,251 6 11,053 606 1,275 2,060 (2,645) 5,567 8.993 14,559 3e 09/30/05 $2.10 $3.40 $0.00 $388.78 2.843 5 9,566 597 1,256 2 (2,246) 4,725 7,636 12,361 08/31/05 $2.10 $3.40 $0.00 $388.78 2.843 5,981 9 597 1,256 2 (2,246) 4 7 12,361 3d 07/31/05 $2.08 $3.40 $0.00 $69.09 512 1,063 1740 512 1 1 - - - - " 06/30/05 $2.08 $3.40 $0.00 $69.09 512 1,063 1.740 512 1,063 1 - 3c 05/31/05 $206 $3.40 $0.00 $52.08 388 801 1,319 388 801 1,319 - - 04/30/05 $2.07 $3.40 $0.00 $52.22 389 803 1 389 803 1 - - - - 3a 03/31/05 $2.07 $3.40 $fl.00 $64.97 482 1,000 1,638 482 1 1,638 - - - - 02/28/05 $2.07 $3.40 $0.00 $64.97 482 1 1 .638 482 1 1,638 _ - - - 01/31/05 $2.07 $3.40 $0.00 $63.60 472 978 1 472 978 1,604 - - - - 12/31/04 $1.98 $100 $0.00 $60.66 472 933 1,417 472 933 1.417 -- - - - 11/30/04 $1.98 5100 $0.00 $62.23 484 957 1,453 484 957 1.453 - - - - 10/31/04 S1.98 S3.00 $0.00 $62.23 484 957 1 484 957 1,453 - - - 09/30/04 $1.97 $3.00 $0.00 $55.04 429 847 1288 429 847 1,288 - - - - 08/31/04 $1.97 $3.00 $0.00 $55.04 429 847 1 429 847 1,288 - - - - 07/31/04 $1.98 $3.00 $0.00 $63.79 496 981 1.489 496 981 1,489 - - - - v 05130!04 $1.98 $3.00 $0.00 $63.79 496 981 1 496 981 1,489 - - - - � 05/31/04 $1.98 $3.00 $0.00 563.01 490 969 1,471 490 969 1,471 - - - - 04/30/04 $1.98 $3.00 $0.00 $63.01 490 969 1.471 490 969 1.471 - - - - 0313l/04 $1.99 $3.00 $0.00 $88.88 688 1,367 2.065 683 1 2,050 (5) 10 15 25 0 02/28/04 $1 .99 $3.00 $4.00 $88.88 688 1.367 2 683 1.357 2,050 (5) 10 15 25 w 01/31/04 $1.98 $3.00 $ $66.41 516 1,022 1,549 516 1,022 1 - - - �' Subtotal 51,325 $111,293 $172 32,142 $ 71,666 $106,814 (19,183) $ 39.627 $ 65,218 $104,845 Audit Adjustment $9,900 Total Overcharge Refund Request $1 " 4,745 Note: 3131/07 Invoice Date begins a conversions to quarterly billing Source: LEC Meter Reading and Billing Invoice Documents Exhibit 3 a WInp for .ern. W Feb. 2004 �--- �..d Lew SrfttOq"merrt Center s IOW a Wft lrrooM41twow Mobn oft D 12131104 O'XII/05 Prw*m CutrOM M r .... 91268 / 4 T 0 Compound Meter Low Flow gem 0 � r Cmpcwrrtf 1Neter 1Wh Flow 18843 ya4' 0 Total SuDdIno i} �i�irrrr Meter Prov" Current Water Ck�duCtlarT Meters Read Head . Uw d $aritnkter 16 33 t d Q Previous Curm t Read Head USe .::....._.. Water Coati!2p Slow Down 9' 1 . fl 4r+N 6 uee only pnsvlous Tadri Currant WS"r4n __._.. 5947 ...............0...... 647 WsW and Sewer (�J 54844 Q w 54544 F CumuM"(1335) 361 t�� 1Ei'1 t:14" MW Ru*Wo two MW06caw This document shows the original meter reading submitted for the current head Low Flow and l -ligh blow meters, but was faxed back because the numbers submitted appeared to be "too high ". City Council Packet for 9 -8 -09 Page 112 of 132 Exhibit A Af �,j 49- A-� C cq o-v�4� C 3�lvlar /0. 4 CCU pd U J LOW ROVJ p 3 0 0/4 1 /V v -3 - 7 3� This document shows the meter readings for the current use Low Flow and High Flow meters were taken and submitted as had been requested. City Council Packet for 9 -8 -09 Page 113 of 132 Exhibit 3 c Water Mater Readings f '4 - 0 ' 1 p Readings for March - April, 2 045 Read motors tear and of every even month Law Enforcement center Read to nearest 14ao gallons Previous current Incoming Water Meters pate Date 02128105 04130105 _ Date Previous Current Read Read Use Meter �" 0 312913 3t West Meter A L"4 p C o m pound Meter Low Flow 0- - goo"w o ��n 0 Compound Meter High Flow J : - VW0ft ?1(- 881 9() 1 0 l M=ite Meter -- -- Previous Current Water Rea Deduction Meters d Read Use Only 1533 /tj,�'� _ p 01 Sprinkler Previous Current Read head Use - 2837 0 FCoolinq Tower in Water S.s'� !Coaling Blow Dawn 859 p Onty 0 ......... Previous ly r 2 Month New Reading Use Reading" 5347 0 - 53.47 Water Qniv 1334 7851 6 0 78514 Water and Sewer (1330 — Fire Cumulative 1831 . -' Enl�r - - This document shows that the previous Low Flow and High Flow meter readings were adjusted to reflect the corrected meter readings to the previously reported amounts. City Council Packet for 9 -8 -09 Page 114 of 132 Exhibit 3 d lVater Motor Readings ... or Fax 430-7958 Readings for May - Jun. 1 -005 Ft43d; mo tors near end o f o v q sry even month Law EnforcemOnt Center Re_ ad to nearOOt 1000 gallons Previous Current Incominc, Water Meters Date 1 Date Date 04/3=5 07/01105 Previous Current use Meter Read Read 01 31298 Meet Meter 0 06!50 1compound Meter Low Flow -Lo-� LCompound Meter High Flow Total Building, LEIre Ma!51r- Sol q,2_ 0 Previous Current LJSe Water Read Read Only 04;lduation Meters 1633 Sprinkler . Araviaus � Currant Read Read Use OWe if) Fo 1 2854 50'3(p Water 1 Cooling Blow town gr 0 Only 01 City Use only 6 Pravlou 2Mo nt h Now 1 qL 897 5 Use Readin Readln9 � Use ID - Water Only (1:334) 120645 , 1 '12064 5 Water and sower Fire CumulativO (1336) _J J . ......... . .. - -- E nte r — a[tp n [ TGTnL P-01 A This document shows that a leading "I" was added as a fifth digit to the previous Low Flow meter reading the following month. The county employee reading; the current use also added a leading "I" as the fifth digit to the meter reading on 7/1/2005. Since these two adjustments to the Low Flow meter directly offset each other, there is no overcharge from this reading. The Low Flow meter in place at the time registered four digits with a decimal place as the fifth digit. In most instances only the first four digits from the meter reading were reported. This series of documents demonstrates the issues that occurred when a fifth digit was associated with the Low Flow meter readings. City Council Packet for 9-8-09 Page 115 of 132 Exhibit 3 e tee.. _ i _ �..,, • �,. a",, to 651- 439 -0 74 Water Meter Readings Readings for ,ltal. -Aug. 2405 . Dave Beaver Fax 430-7958 Read motors near end of every even month Law Enforcement Center - Read to nearest I 00 gallons - - Previous Current Ineomirta Water Meters Date Date �� w Date 06/30105 08/311/05 q Previous Current Read Read Use Meter 31298 31 Y 0 ', /, West Meter 10958 16 2 0 � s" Compound Meter Low Flow 17840 � - 0 0 Compound Meter High Flaw � Total Building 0 Fire Meter 1 921 9 3 y �� - -- Previous I Current Water Read Read Use [Deduction Maters 1635 1,021 0 (Sprinkler Previous Current Read Read Use Co oling Tower In 3036 s L/rY 0 Water 926 l0 3 c� 0 . On Coo ling Bl Down 0 C Use Oniv - 2 Month Now Previous Use Readin Water Only (1334) Water and Sewer (13301 1216X092 {l 121669 69 0 _ - 16 Fire Cumulative (133%, . _. Enter New Reading into tntwrogator This document shows five digits for the previous Low blow meter. The county employee completing the meter reacting added the "2 ", which was the decimal place on the meter , trying to a avoid reporting negative water usage by reporting only four digits. 'Phis resulted in reporting use of 5,134,000 gallons (16102 - 10968) compared to the correct 642,000 gallons (1610 -968). City Council Packet for 9 -8 -09 Page 116 of 132 Exhibit 3 f Wator alter Readings Dave Beaver Fax 430-79 Readings for oct� 2oo5 Sep. - Red motors ne ar end of evGry evalft Ftea t nearest 1000 gallons month L EnforceMOnt Center previous -- Current Date Date lncorr 08/31/05 10/31/05 Tate previous Current Read Read Use 0 meter 31298 0 7 7Q Meter L 16102 /V L Compound Meter Flow ter 18900,-�z-ooe)A 0 0 OD lC Meter High Flow 0 Total Building 01 joire Meter - current � Water Previous I Read Read Use 0 1 ON Deduction Meters 262 ; 57 Cl prev I Current Read Read Use 3458 0 W Coolin Tower In 0 G�t Wate nI Cooling = Blow Down 1034 —0 Cit . Use 0 ni 2 Month New Reading*. Use 9800 9800, 0 - Water Only 0 33 4) 127355 -t 0 1 127355 Water and Sewer (1 330) l=ire C (133 'rhe starting point for the Low Flow meter reading on this document was 16102 which was reported from the previous Low Flow meter reading. The current Low Flow meter reading was 2198 which would produce a negative use report. However, the amount actually used in calculating use thus billing for the period was 21,980, which can be seen on the printed Low Flow meter entry on Exhibit 3g. This resulted in charges for use of 5,878,000 gallons (21980-16102) versus an accurate use of 588,000 gallons (2198-1610). City Council Packet for 9-8-09 Page 117 of 132 Exhibit 3 g Wjats�r Motpr Readings Readings for NoV. - Dec. 2005 V— I Read rac1mrs near end of every even month Law Enforcernartt Clamor I Read io ne0i*st 1000 g al " Or ' s Previous I Current Incoming Water Meters Date Date 10/31106 12131/05 Gate Previ . ous current Meter Read Read Use 31298 t? - West Motor -- compound Meter Low Flow 21980 'Z5 Compound Meter High Flow 20006. -- 0 q Total Building Wire Meter Previous Current Waller Read Read Use i On," Deduction Meters Sprinkler 23571 praviou:s Current Read Read Use lr 3661 3 '1 coo nq Tower In. Water Cooling Blow Down 1083 10 2, 0 Only 01 Gi1w Use Only New Previous 2 Month Reading* Readinrl Use Water Only (1 334) 10282 0 10282 Water and Sewer (1330) 133867 0 .133857 173 -- 1731 Fire CjjrnL1l4fiV (133 5) This document shows that since the previous Low Flow reading submitted on Exhibit 3f was modified by adding a "0". The current meter reading shows that a "0" was added to the actual meter reading of 2508 to avoid reporting negative usage. This res Lilts in calculated use o 3,100,000 gallons (25080 - 21980) while the correct Use should have been reported as 310,000 gallons (2508-2198). City Council Packet for 9-8-09 Page 118 of 132 Exhibit 3 h 661-439-0574 Water Meter Readings Readings for Jan - Feb 2006 tlave Beaver Fax 430-7958 Read meters near end of every OVOO "A Lem Enforcement Genter Read to nearest 7 000 0 Previous Current Incoming Water Meters Date Date 12/311.05 02128106 Date 3- F- oc Previous Current Meter Read Read Use 0 West Meter 31298 317-9 9" 0 Co Meter Low Flow 25080 -�--ZD 0 Co m pound Meter H!Slh Flow 20423 - 2- / 1 - 7 6 C 0 —M Total Building 0 9 lFire Meter 91 )o 1 01 Current Water C [ pri Ded n Meters Read Read Use Only Sprinkler o 23591 nklr e p rev i ous Current Use Read Read 3 --2661 0 Cooling Tower In water Coaling Blow Down 1083 /1 0 S3 0 ON Olt/ Use v e On1 Previous 2 Month New Readi Use Readies Only (11 334) 10284 Water and Sewer (11 330) 137372 0 Firms ratiVe (11335) This document shows the 25080 from the previous Low Flow meter reading served as the starting point and a "0" again is added to the new meter reading of 3057. The calculated use for this period was 5,490,000 gallons (30570- 25080) as opposed to the correct use of 549,000 gallons (3057-2508). City Council Packet for 9-8-09 Page 119 of 132 Exhibit 3 i Reedinq_s tar March - ApKII 2006 D ave IB Fax 430-7958 Read motors near and of every &VOn month LaW Fanforcernent Canter t:toad to nearest 100 QllallO"s Previous Current Incoming Water Meters Date -/ Date 02/26/W 6;i Td/b6 Previous Current Meter Read - Read Use 31298 "9 0 West Meter �g�m oun . d Meter Low Flow 305 .3 Compound Meter High Flow 0 Total Building 1__ 0 FFire Meter .10i 1 161 1 0! Previous I Current Wate C)eduction Meters Read 23 69 1 Read 0 Only 0 Sprinkler Previous Current water Read Read Use 0 1 Onit -) 3661 3 6 Cooling Tower In 0i Cooling Blow Down 1083 Lo 1 9_ - � City Use Oniv 2 Month 1 2 M Previous ont� Now g Readin Use Readftqj Water Only (1 334) 10284 Water and Sewer (1330) 1438'15 . 1 Fire Cumulative (1335) 1 7r:, of enter N Reading into intatwuat­ rhis document shows the 30570 from the previous Low Flow meter reading serves as the starting point and again a"O" is added to the actual meter reading of 3417. The calculated used for this period was 3,600,000 gallon (34170- 30570) as opposed to the correct use of 360,000 gallons (3417-3057). City Council Packet for 9-8-09 Page 120 of 132 Exhibit 3 j " ._ - :J 111`�":�l'J"'6YJY,�.1ltl 1:J • J1'� 10ave Deaver Fax 430 -7958 Readings for - Reed motors Haar and of every oven month L aw Enforcement Center Read to non rest 1000 gallons Previous Current it Date Date Incomings Water Meters - -- ' 641301013 6!30/136 bate -- - - - . Previous Current Read Read Use i Motor West Meter 3129$ 312�� _ p 0 3411701 . 3 `� -73 , 'C Meter Law Flow _ .. . -- Compound Meter Hia_h Flow 24695 2 Z 7a 1 `l"otal Building Fire Meter 1 L34 d 0 Z 01 Water Previ - at,ts;3 Current Rea Read Use .. only Deduction Meters 2359 - :2- �1 `�.�-q, n - 0 �Sprinkler -- - Previous Current Water Read Mead Use QniL__. Tower iw, 3679 L./0 6 0 � — Cnalin �._ . Cooling Blow Down 1 D$3� _ _. City use Y - Previous 2 Month � New Roadin2. Reading'" . Water Only (1334) 10302 W Water and $ewer (1330) _ 147734 .. - Enter trtaw Reading tnta Interrogator This document shows the starting point for the Low Flow meter reading is the 34170 previously reported . The current meter reading of 3893 is reported and the extra "0" in the beginning reading is crossed out. This resulted in a calculated water use of 476,000 gallons (3893 - 3417), which was correct . City Council Packet for 9 -8 -09 Page 121 of 132 Exhibit 3 k Readings fio_ r Auaust 2006 Dave 8eaysr Fax 430 -7558 lteand meters near and of every even rraonth Law Enforcement Center Read to aparsst 1000 gallons Previous ' Current Incoming Water Meters Date Date IDate 081301c8 08131108 Previous Current Meter Dead Read Use 31208 3 .z9� 0 West Meter 3893 �N 7 0 CornQourtid Meter Low 'Flow 227;'4 �l2 -2- 0 Compound Meter High Flow Total Bu (ding 0 . 1Fire Meter 1021 y _z - 1 0 Re Rea Use Previous Current Vlfater keductlan Meters Rea 2449 �} Onh p Lsprinkler Previous Current Water Read Read_ Use .. Oply.. ICoolinq Tower In 3571- , iLi�D 0 Caolln Blow down 89 Lill— 3 `7 � 0 Previous 2 .... -.- .... ......... ...... Ise n v Mon New Reading Use Readirac„j�' Water only (1334) 0� Water and Sewer (13303) - I re Cumu tive (1335) 0 _. - " Eater New Reading into MtOMro*Or This document shows the previous Low Flow meter reacting and reported current meter reading amounts were correct as both are rising only four digits in the reading. City Council Packet for 9 -8 -09 Page 122 of 132 Exhibit 4: Calculated Total Law Enforcement Center Water Use Based on Beginning and Ending Meter Readings for the period 12/29/03 through 12/3012008 Meter Readings are presented in thousands (000's) 0 0 g 1 Meter Rollover p Original Meters Meter Replacement -Construction; Beginning C Reading Ending Beginning Ending Beginning Ending 12/29/03 Reading End Date Reading Reading End Date Reading Reading End Date Total Add: `0 West meter 31,298 32,988 12/26/08 1,690 Compound meter low 6,984 9,999 Mar -05 0 9,321 12126108 0 174 Dec -08 12,510 Compound meter high 11,188 33,718 12/26/08 0 613 Dec -08 23,143 Subtotal 49,470 76,705 Subtract: Sprinkler (Irrigation) 841 2,981 12/26/08 2,140 Subtract Difference: Cooling tower in 2,028 7,156 12/26/08 5,128 Cooling tower blow down 687 2,237 12/26/08 1,550 Subtotal 1,341 4,919 Total 47,288 68,805 0 9,321 0 787 Difference 21,517 9,321 787 31,625 January 2004 Invoiced Water Use Based on 12/29/03 Meter Readings 516 Rounding difference when compared to Exhibit 2 detail calculations 1 Calculated Total LEC Water Use Based on Meter Readings 32,142 Palculation: N Water Usage = West Meter + Cmpd Meter High + Cmpd Meter Low - Sprinkler - (Cooling Twr In - Cooling Twr Blow Down) tource: N Meter reading documents at 12/2912003 and 12/26/2008 and at the time of replacement or rollover. Note : Eire Meter readings reported on the LEC meter reading document are not included in the LEC water bill invoice. Fire meter 75 1 122 1 Dec -071 0 1 68 1 Dec -081 1 I i 1 1 11511 r >. CV City o � Oak Park, Heights 14168 Oak Park t3Ivd, N a Box 2007 o Oak Park Helgh(s, ;MN 55082 a Phone (651) 439 -4439 Fax (651) July 24, 2009 1larley L. Wild Accounting S- Finance Director Washington County 14949 61 5t. N. P.O. Box 6 Stillwater MN 55082 - 0006 R ..: 2004/013 Utility 13rlhnr; Dear Mr. NOW After our Ciiy /!dminisfi - , for rnct. wiih yorrrse9f and County Adrrrinistrator Jinn Schuf oll your clairrf for a rclonci on your water and sewer services for the Washington County Law larforceMMA Center for to period of 2001 through 2008, 1 again reviewed the inforn - la o l subrnii.lod along with the information the City has on record fro"' Waslrirrg;ton County. The City rrrust ijain dcclinc your rcgrrest for orgy Winds frorn brat tin period. Please again sce my initial response on this rnatier. S inocrely, Judy 1 Deputy Cler]< /Finalice Director" cc: 13ric .iohnwrr City Council Packet for 9 -8 -09 Page 124 of 132 .. CITY OF 14168 A p� No. v OAK PARK I May IS, 2O09 Harley L. Will Accounting f} Finance Director Washington County 1494962'~ St. N. PD. Box G Stillwater, MN S5082~0006 Re'. 2005/08 Uh|in/ Billing Dear Mr. Wilk | reviewed Your claim for o refund oil your water and sewer services for the Washington County Law Enforcement Center for the period of2O03 through Z088. The reads and usage totals the City received hom Washington County s(affaQneo with the amount of usn8e the City billed for water and sewer for the yean in question. Oty oecords also indicate that no several occasions 1hr City utility biUink Clerk called the Law En(o/cemeoiCoo\er�taK\ov that we re submitted. The billings were then pmpa/cd based on the affirming response (nom our contact at the Law Enforcement Center. We have no reliable data to challenge the 2005 'eads as sul.)rnitted and verified by Minty staff to be incorrect asyoor office now proposes. The City has no way o[ re-reading the meteo for usaQein2O0l Accordingly, we must dc'chile YOur request for any refunds from that tinle pericd. | ''-- �/�|i � �m1 u ario/ofZ008vndno\i�edy000four(iodinAsandsobseque otac U vStmen\s. | 2006, 2007 and -- ' ms�o�he|ette/JatedAV/i|9 2008inreQanjstodneucUu/�men\� did not /ecc��oommcnts norn response ' iheretorc,|uondde/edtheaCoounicnoectnodthcCityc|oseJ |n order to prevent future 4isc/epanciesin meter reading, the City ix/eqoi'iog that the County install me�ro meeting the {|t/s specifications and the City will perform the actual rends via external touchpod simi|nrto all other customers, This will eliminate the need for reading nf meters by Washington County personnel. The City will require the County to inotaU the meters within 3O days of this letter, Please ' i t on�actthePob|icV{orkv0rec�n''TnmOzzeUo,fn/theco�tanU�ypeo ( meters o be installed. if these are installed within thinhmehame' tile CitywiU rebate the cost of these meters back to the County. Sincerely, ]udyHo|st Deputy Clerk/Finance Director cc: Lric Johnson City Council Packet for 9-8-09 'Phis Page Is Left Intentionally Blank. City Council Packet for 9 -8 -09 Page 126 of 132 , k t F w. ���-,'i �s`' �- ry a. ��- .'�,. A „a _ '.,��:� f•• `�� � R 3z b� �.,r. �� �T�€� ; '��� +a �� � r.�,:���' ,�F�� o - mg T 3 E 't 771 4 : .- `.F °' �'¢ ,.x - t• ,a:rw., -- .,v S.z `'yc' �:.: Fe, pm. 15 77 7W ro . M - rx +'E '+f2, 7'�•,- .;� -bgt , x',U r,.. •u�' s ' 2H1 -s ?w.a¢ Al !+lFuc � V) U) If. ( -1 , � ; C rr 1JJ 3. 1JJ 14 Li Z UA o Lj -J -.j 131 U1 u) E0 0 City Council Packet for 9-8-09 Page 128 of 132 IC 0 1 13 11) fi I u. it M (U M 'Ii CO M Lf) �i) IN 'L. 1 3 (IC cn t I 0 tll "D E v3 Ill <Z 111 6 cj c N l V Wj > r I r J.1 Ll Iij C) C f 0 U.. - : < U t U 'o UA lf) m I j i�j IJ.j s .-j < I— U 0 City Council Packet for 9-8-09 Page 129 of 132 RES01UTION 09 09 CITY OF OAK PARK HEIGHTS WARBINGTON COUNTY, MMMESOTA A RESOLUTION APPROVENG THE 2010 PROPOSEM BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Skaff has prepared and submitted Ln Lhc: City C jt py budget for rMonday year 2010; and, WHEREAS, Lhe My Council for the My of Oak Park Heights has detprminod Lhat the proposed budget as submitted by the My staff is in the best We :re sts of Lhe citizens of the city of Oal': Park Hpights. NOW, aTERMURE, BE 1T RMSOLVEH 1, the City (Yuncil for the My of Oak Park HeigMs aN follows: 1, ThaL the 2010 proposed budget is hereby approved as presented by City Administration in Lhe LOW GeM al- Fund amounL of $q,162,033,00. Tlil�' i hp WILy Administrator in Ow PAY "uKhOyNed aM' directed K- .....I ,..:.,.y to washingkon County Lhe propospa Genalai Pund levy for Lhe City of Oak Park Heights Mu Me calemor ynny 2010 in Lhe nmnunL uh $1,778,596. 0. The City AMAMraLor is alon authorized and Qrpcted Lo celpicy ka Washington Munty &I coll cock icar; Lh, propoued AwM nf &380,000.Olt for General Obligaiiol, copikaj Tnprovewent Bonds of 2009, t" he colleCrOd K calendar year AMU. 4, The City AdministraLor is also auLhorixed and direMed to certify Lo WashingLon County for collection the proposed K"m M $122,000.00 W Uenwal Obligatiw capiLal lmpivvempM Bonds of 2009, to he collected A calendar ypor 2010. pjasad by kha (My Vownuil for the My of Oak Part HAYM; h S hQ 0 0 9. Mid baudnk Mayor Attest: City Council Packet for 9-8-09 Page 130 of 132 -.M = m i �,` �,a$`, � ��y�� i� � ��x :7� -�+ ���;k � P���.� �i ,����^ >.P�.�� k �'�. �� in. 11 �'kl -M ", i ���!f3 ��t_ •, �e'rzS�... ,! c4 ... — ;.t_��i�� °° ai z s �';�r - � s —��� _�3. � ' ' _ ��v�� � �.v = rf J u �a A � , ?'— • h t '- i� � � s ��" �fl` e7�i� � � ,frara �t� ;3 ' � � �.. � ..,k- �:` L'� . ��x � r s � 1, € ,. x ^ >_• .aid €u..�,v .;'.� -i efi _:. 3 y R, This Page is Left Intentionally Blank. T v i 4. City Council Packet for 9 -8 -09 Page 132 of 132