THIEF RIVER FALLS CITY COUNCIL AGENDA TUESDAY- NOVEMBER 18, 2014

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1 THEF RVER FALLS CTY COUNCL AGENDA TUESDAY- NOVEMBER 18, 2014 COUNCL CHAMBERS CTY HALL RD STREET EAST 5:00PM 1. CALL TO ORDER 1.5 PLEDGE OF ALLEGANCE 2. ROLLCALL 3. PUBLC FORUM- ndividuals may address the City Council about any item not included on the regular agenda. A maximllm of 5 minutes is allotted for the public forum. Speakers are requested to come to the microphone, state their name and address for the record, and limit their remarks to five minutes. The City Council will not take official action on items discussed at this time, with the exception of referral to staff or a committee, board or commission for a future report. 4. PRESENTATONS/PROCLAMATONS/PUBLC NFORMATON ANNOUNCEMENTS 5. APPROVE AGENDA- Council members may add items to the agenda for discussion purposes or staff direction. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA- These items are considered routine in nature and are approved with one motion without discussion/debate. The Mayor will ask if any Council member wishes to remove an item and place it on the regular agenda for discussion and consideration. f no items are to be removed, the Mayor will then ask for a motion to approve the Consent Agenda Approval ofnovember 4, 2014 Council Proceedings and November 13, 2014 Special Council Proceedings. (page 3-9) 6.02 Approve City of Thief River Falls Bills and Disbursements. (see attachment) 6.03 Resolution Approving Progression Raise for Scott Olson, Water Systems Operator. (page ) 6.04 Resolution Approving Progression Raise for Todd Reed, Parks/Arenas Maintenance. (page 12-13) 6.05 Resolution Approving Progression Raise for Aaron Joppru, Parks/Arenas Maintenance. (page 14-15) 6.06 Approval to Reconfigure a Portion of the Shirkey Property (Formerly Forney Property) for the Purpose of Developing Five Residential Single Family Home Lots. (page 16-18) 6.07 Resolution Authorizing the Electric Department to begin Process to Fill the Position oflineworker and Amend Job Description. (page 19-21) 1

2 7. NEW BUSNESS 7.01 Resolution Authorizing ssuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of General Obligation Bonds, Series 2014B. (page 22-48) 7.02 Approval of Final Plat ofbarron's Addition. (page 49-51) 7.03 An Ordinance of The City ofthiefriver Falls, Minnesota, amending City Code Chapter 152 Entitled "Zoning Code" by Amending the City Zoning Districts Map, and by Adopting by Reference City Code Chapter 10 and Section , which, among other things, Contain Penalty Provisions. (page 52-57) 7.04 Approval of Teamsters #320 Public Works and Teamsters #320 Fire Union Contracts for Years (page 58-59) 8. COUNCL BOARDS AND COMMSSONS REPORTS -Not all boards or commissions will have met prior to the Council meeting. These reports are intended to keep the other council members informed of actions or proposed actions taken by these boards and commissions. Only those with something to report would be on the agenda. 9. UPCOMNG MEETNGS 9.01 Committee of the Whole- November 19th at 4:30p.m Administrative Services Committee Meeting- November 20th at 4:30p.m City Council Meeting- December 2nd at 5:00p.m. 10. NFORMATONAL TEMS nvestment Summary dated 10/ (will be available at meeting) 11. ADJOURNMENT City of Thief River Falls complies with the ADA. ndividuals with disabilities requiring special aids should contact the City Administrator, 405 Third Street East, Thief River Falls, MN 56701, , 48 hours prior to the scheduled meeting. 2

3 COUNCL PROCEEDNGS NOVEMBER 4, #s.a1 The City Council of Thief River Falls, Minnesota, met in regular session at 5:00p.m. on November 4, 2014 in the Council Chambers of City Hall. The following Councilmembers were present: Cullen, Dagg, Hahn, Prudhomme, Schmalz, Sollom and Brown. Councilmember Kajewski was absent. Dagg chaired the meeting. PRESENTATONS/PROCLAMATONS/PUBLC NFO/ANNOUNCEMENTS Parks & Recreation Director, Joe Amundson announced the 20th annual Minnesota Vikings Arctic Blast Snowmobile Rally on Feb 6-8th Craft show is at the Ralph this weekend Prudhomme thanked Walmart for a grant for chairs for the Police Department and announced Riverfest Sollom discussed the utube vi does that are mocking the democratic process of the City and would like to stop taping the Council meetings APPROVAL OF AGENDA Councilmember Brown motioned, being seconded by Councilmember Cullen, to approve the agenda. On vote being taken, the motion was unanimously approved. RESOLUTON NO : APPROVAL OF COUNCL PROCEEDNGS Presented as part ofthe Consent Agenda, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to approve October 21, 2014 Council and Hearing Proceedings and October 30, 2014 Council Proceedings. On vote being taken, the motion was unanimously approved. RESOLUTON N : APPROVAL OF PAYMENT OF BLLS Presented as part of the Consent Agenda, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to authorize payment of bills and disbursements in the total amount of$2,065, A printout of the approved payments and disbursements is attached hereto and made a part hereof. On vote being taken, the motion was unanimously approved. RESOLUTON NO : APPROVAL OF LEASE AMENDMENT WTH HDR ENGNEERNG, NC. FOR OFFCE SPACE Presented as part of the Consent Agenda, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: 3

4 Council Proceedings November 4, 2014 Page 2 of5 WHEREAS, HDR Engineering, nc., currently has a lease with the City for office space rental at 324 Second Street, with said lease expiring on February 28, THEREFORE, BE T RESOLVED, by the City Council, to accept Public Works Committee recommendation to authorize and direct the Mayor and City Administrator to execute an extension of the lease with HDR Engineering, nc., for office space rental at 324 Second Street, until February 28, 2016, with the rate of $1, per month through the remainder of the lease term. On vote being taken, the resolution was unanimously passed. RESOLUTON NO : ADOPTON OF 2014 STREET AND UTLTES MPROVEMENTS REBD PROJECT ASSESSMENT ROLL Presented as part of the Consent Agenda, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, pursuant to proper notice duly given as required by law, the City Council conducted a public hearing on October 21, 2014 for the 2014 Street and Utilities mprovements Rebid Project assessment roll. THEREFORE, BE T RESOLVED, by the City Council, that: 1) Such proposed assessments, a copy of which is on file in the Office of the City Administrator are hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it; 2) Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015 and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, To each subsequent installment when due shall be added interest for one year on all unpaid installments; 3) The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and may, at any time thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the next succeeding year; and, 4

5 Council Proceedings November 4, 2014 Page 3 ofs 4) The City Administrator shall forthwith transmit a certified duplication of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over the same manner as other municipal taxes. On vote being taken, the resolution was unanimously passed. RESOLUTON NO : APPROVAL OF CHANGE ORDER NO.2 WTH DAVDSON CONSTRUCTON FOR 2014 STREET & UTLTES MPROVEMENT PROJECT- REBD Presented as part ofthe Consent Agenda, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: WHEREAS, Davidson Construction was awarded the 2014 Street & Utilities mprovements Project- Rebid for $554,707.00; and WHEREAS, wetland issues were encountered on the Highway 59 SE Frontage Road portion of the project. Delineation of the wetlands was completed on May 21, 2014, but final authorization to proceed with that portion of the project was not received by the Army Corps of Engineers until September 17, The final completion date for this project was originally September 19, Change Order No. 1 delayed the fmal completion date to October 31, 2014; and WHEREAS, with the late start on the frontage road construction and temperatures no longer conducive for asphalt paving, it is advisable to delay the final bituminous wearing course until next spring. This will also allow for any settlements that may occur in the aggregate base to be repaired and provide a better end product. THEREFORE, BE T RESOLVED, by the City Council, to approve Change Order No. 2 for the 2014 Street & Utilities mprovements - Rebid, extending the final completion date from October 31, 2014 to July 1, On vote being taken, the resolution was unanimously passed. RESOLUTON NO : RESOLUTON TO ANNOUNCE THE FNALSTS AND SCHEDULE NTERVEWS FOR POLCE CHEF Following review and discussion of the candidates for the position for Police Chief, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to schedule interviews with Dick Wittenberg, Jeremy Reed, Jim Denny, Michael Johnson and Erik Lee. nterviews shall be held on November 13, 2014 with time being set aside the morning ofnovember 14, 2014 ifthe City Council would like to conduct second interviews with some of the candidates. 5

6 Council Proceedings November 4, 2014 Page 4 of5 On vote being taken, the resolution was passed with by a six to one vote with Brown voting Nay. Following discussion of paying the expenses of the candidates for the position for Police Chief, Councilmember Brown motioned being seconded by Councilmember Prudhomme to not pay the expenses for travel, lodging and meals in order for the candidates to come to Thief River Falls for interviews. On vote being taken, the resolution failed by a four to three vote with Brown, Schmalz and Prudhomme voting yes and Hahn, Sollom, Cullen, Dagg voting Nay. RESOLUTON NO : RESOLUTON TO SET A CAP OF $700 ON EXPENSES PAD FOR THE FNALSTS FOR POLCE CHEF TO COME FOR NTERVEWS Following discussion of paying the expenses of the candidates for the position for Police Chief, Councilmember Hahn introduced Resolution No , being seconded by Councilmember Sollom, that: RESOLVED, by the City Council, to cap the expenses paid by the City for travel, lodging and meals for the candidates at $700. On vote being taken, the resolution passed by a four to three vote with Hahn, Sollom, Cullen, Dagg voting yes and Brown, Schmalz and Prudhomme voting Nay. RESOLUTON NO : RESOLUTON TO MOVE THE PARKS & RECREATON/ PUBLC SAFETY COMMTTEE MEETNG TO THE RALPH ENGELSTAD ARENA Following discussion of the location of the Parks & Recreation committee meeting, Councilmember Sollom introduced Resolution No , being seconded by Councilmember Schmalz, that: RESOLVED, by the City Council, to move the Parks & Recreation/Public Safety Committee meeting on November 17th to the Ralph Engelstad Arena. On vote being taken, the resolution was unanimously passed. UPCOMNG MEETNGS/EVENTS Utilities Committee Meeting- November 10th at 4:30p.m. Public Works Committee Meeting- November 12th at 4:30p.m. Parks & Recreation/Public Safety Committee Meeting at the Ralph Engelstad Arena- November 17th at 4:30 p.m. City Council Meeting- November 18th at 5:00p.m. Committee of the Whole- November 19th at 4:30p.m. Administrative Services Committee Meeting- November 20th at 4:30p.m. ADJOURNMENT 6

7 Council Proceedings November 4, 2014 Page 5 ofs There being no further discussion, Councilmember Sollom moved, being seconded by Councilmember Cullen, to adjourn the meeting at 5:45p.m. to November 13th at noon and then to November 14, 2014 at 7:00a.m. in the Council Chambers. On vote being taken, the Chair declared the motion unanimously carried. Jim Dagg, Mayor Attest: Larry Kruse, City Administrator 7

8 SPECAL COUNCL PROCEEDNGS General Election Canvassing of Ballots and Police Chief nterviews #6.01 November 13,2014 Pursuant to proper notice, the City Council of Thief River Falls, Minnesota, conducted a special Council Meeting at p.m. on November 13,2014 in the Council Chambers of City Hall. The following Councilmembers were present: Dagg, Cullen, Brown, Kajewski, Schmalz, Hahn, Sollom, and Prudhomme. No Councilmembers were absent. Dagg chaired the meeting. DSCUSSON The meeting was called to conduct the General Election Canvassing of Ballots for the election held on November 4, City Administrator Kruse administered the Canvassing Board Oath to the Councilmembers in attendance. RESOLUTON NO : DECLARATON OF 2014 GENERAL ELECTON RESULTS The results of the General Election held on November 4, 2014 were presented to the Canvassing Board. Following discussion, Councilmember Kajewski introduced Resolution No , being seconded by Councilmember Sollom, that: WHEREAS, the General Election was held on Tuesday, November 4, 2014 to vote for the offices of Mayor for a two-year term, two four-year Council positions, and one four-year At-Large Council position; and, WHEREAS, the official election returns of the election judges were presented, duly examined, approved, and placed on file in the Office of the City Administrator. NOW, THEREFORE, BE T RESOLVED, by the City Council, appointed as the Canvassing Board, hereby finds, determines, and declares that the Regular City election held in and for the City of Thief River Falls on Tuesday, November 4, 2014 was in all respects duly held and the election returns canvassed. The following received the most votes cast for each office and are hereby elected to the following offices for their respective terms: Mayor Councilmember At Large Councilmember 1st Ward Councilmember 3rd Ward Councilmember 5th Ward Brian Holmer Steven Narverud Curtis Howe Josh Hagen Rachel Prudhomme Two-Year Term Four-Year Term Four-Year Term Four-Year Term Four-Year Term On vote being taken, the resolution was unanimously passed. Finance Director Angie Philipp advised the council that two candidates with close elections had given preliminary notice for a recount. Philipp noted that if the margin is less than lh of 1% the City bears the cost of the recount and if it is more, the candidate bears the cost. f candidates file for recount within seven days, the recount will be held on November 20th at 1:00 p.m. Council action will only be necessary if there is a change in the outcome or ifthere are contested ballots. 8

9 Special Council Proceedings November 13, 2014 Page 2 of 2 Police Chief nterviews Sharon Klumpp of Springsted nc. and staff had earlier narrowed the applicant pool of 18 down to 1 0, and through questionnaires and phone interview further narrow the candidate pool down to Dick Wittenberg, Jeremy Reed, James Denny, Michael Johnson and Erik Lee and declared them finalist for the position. Michael Johnson declined an interview leaving four candidates to be interviewed The City Council interviewed Dick Wittenberg, Jeremy Reed, James Denny and Erik Lee with nterviews lasting approximately one hour each. Mayor elect Holmer and Council members Curtis Howe and Josh Hagen were also present. Steven Narverud was not in attendance. Council members elect were given the opportunity to ask questions of the candidates after the Council had completed their questions. Following discussion, the Council discussed their preferences and then took an informal vote to gain consensus. RESOLUTON NO : APPROVAL TO MAKE PRELMNARY OFFER TO DCK WTTENBERG FOR POLCE CHEF Councilmember Sollom introduced Resolution No , being seconded by Councilmember Kajewski, that: BE T RESOLVED, by the City Council to make a preliminary offer to Dick Wittenberg subject to a positive psychological evaluation and in depth reference check. f for whatever reason Wittenberg does not go forward, Jeremy Reed would be the Council's second choice. On vote being taken, the resolution was passed with Hahn and Cullen voting no and Brown abstaining. ADJOURNMENT There being no further discussion, Councilmember Kajewski moved, being seconded by Councilmember Cullen, to adjourn the hearing at 6:15p.m. On vote being taken, the Chair declared the motion unanimously carried and the meeting adjourned. Jim Dagg, Mayor Attest: Larry Kruse, City Administrator 9

10 City of Thief River falls 1 # Third Street East PO Box 528 Thief River Falls MN Request for Council Action DATE: November 18,2014 SUBJECT: Scott Olson, Water Systems Operator Progression Raise RECOMMENDATON: t is respectfully requested the Council consider the following: Motion to: Approve a progression raise for Scott Olson, Water Systems Operator, to Step 5 of the Water Systems Operator salary schedule, for a new salary of$24.58 effective October 30, BACKGROUND: Mr. Olson has completed the requirements to progress to Step 5 (top) of the Water Systems Operator salary schedule. Mr. Olson has obtained his Class C Water Operator's Certificate. FNANCAL CONSDERATONS: Mr. Olson's current wage is $22.13 per hour- with this progression; his wage will be $24.58, a $2.45 per hour increase. This is a budgeted position. LEGAL CONSDERATON: None. DEPARTMENT/RESPONSBLE PERSON: Wayne Johnson, Water Systems REVEWED BY: 10

11 CTY OF THEF RVER FALLS PROPOSED RESOLUTON 1 # RESOLUTON APPROVNG PROGRESSON RASE FOR SCOTT OLSON, WATER SYSTEMS OPERA TOR Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember " that: RESOLVED, by the City Council, to accept a Public Utilities Committee recommendat~on to grant Scott Olson, Water Systems Operator, a progression raise. Mr. Olson shall progress to Step 5 (top) of the Water Systems Operator salary schedule, for a new hourly wage of $24.58 effective October 30, Presented at the November 18,2013 Council Meeting ntroduced by: _ Seconded by: _ Roll Call (if required): Brown _Cullen _Dagg Hahn _Haj _Kajewski Schmalz Sollom Notes:

12 City of Thief River Falls #6.04 Parks and Recreation Department Ralph Engelstad Arena PHONE: Brooks Avenue. P.O. Box 528 FAX: ThiefRiverFalls, MN November 18, 2014 Request for Council Action SUBJECT: Progression Raise for Todd Reed, Parks/Arenas Maintenance RECOMMENDATON: t is respectfully requested the City Council approve the progression raise for Todd Reed, Parks/Maintenance employee in the Parks and Recreation Department. Mr. Reed shall progress to Step 5 of 5 of the Parks/Arenas Maintenance salary schedule, effective November 8, 2014 for a new salary of $23.65 per hour. BACKGROUND: Todd Reed has progressed, with Council approval, through the salary schedule. Financial Considerations: This is a budgeted position. Legal Considerations: None Department/Responsible Person: Joe Amundson, Parks & Recreation Director Reviewed by: 12

13 CTY OF THEF RVER FALLS PROPOSED RESOLUTON 1 # RESOLUTON APPROVNG PROGRESSON RASE FOR TODD REED, PARKS/ ARENAS MANTENANCE Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember that: RESOLVED, by the City Council, to accept a Parks & Recreation Committee recommendation to grant Todd Reed, Parks/Arenas Maintenance, a progression raise. Mr. Reed shall progress to Step 5 of 5 the Parks/ Arenas Maintenance salary schedule, for a new hourly wage of$23.65 effective November 8, Presented at the November 18,2014 Council Meeting ntroduced by: _ Seconded by: Roll Call (if required): Brown _Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes: _ 13

14 City of Thief River Falls #6.05 Parks and Recreation Department Ralph Engelstad Arena PHONE: Brooks Avenue. P.O. Box 528 FAX: Thief River Falls, MN November 18, 2014 Request for Council Action SUBJECT: Progression Raise for Aaron Joppru, Parks/Arenas Maintenance RECOMMENDATON: t is respectfully requested the City Council approve the progression raise for Aaron Joppru, Parks/Maintenance employee in the Parks and Recreation Department. Mr. Joppru shall progress to Step 5 of 5 of the Parks/Arenas Maintenance salary schedule, effective November 16, 2014 for a new salary of $23.65 per hour. BACKGROUND: Aaron Joppru has progressed, with Council approval, through the salary schedule as scheduled. Financial Considerations: This is a budgeted position. Legal Considerations: None Department/Responsible Person: Joe Amundson, Parks & Recreation Director Reviewed by: 14

15 CTY OF THEF RVER FALLS PROPOSED RESOLUTON #6.05 RESOLUTON APPROVNG PROGRESSON RASE FOR AARON JOPPRU, PARKS/ARENAS MANTENANCE Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember that: RESOLVED, by the City Council, to accept a Parks & Recreation Committee recommendation to grant Aaron Joppru, Parks/Arenas Maintenance, a progression raise. Mr. Joppru shall progress to Step 5 of5 the Parks/Arenas Maintenance salary schedule, for a new hourly wage of$23.65 effective November 16,2014. Presented at the November 18,2014 Council Meeting ntroduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

16 City of Thief River falls #6.06 DRECTOR OF COMMUNTY SERVCES 405 Third Street East PO Box 528 Thief River Falls MN Request for Council Action PHONE: FAX: DATE: November 13, 2014 SUBJECT: Forney Property RECOMMENDATON: t is respectfully requested that the Council consider the following Planning Commission and Public Works Committee recommendation: Motion to: Approve reconfiguring a portion of the Shirkey property (formerly Forney property) in portions of Lots 57, 58 and 59 of Rustad's Subdvision of Lots 7 & 8 for the purpose of developing five residential single family home lots. BACKGROUND: The City of Thief River Falls purchased the north 700' of Lot 59 (1.6 acres) in 2000 to construct Sherwood A venue. The east 14 feet of the parcel was dedicated for public right-of-way. The remaining 86' wide parcel held by the city is currently inadequate for development. The former Forney property, now owned by John and Hannah Shirkey, lies adjacent to the city owned parcel. Their property is also inadequate for development because no utilities are available, as the city parcel lies between them and the utilities. Existing utilities are available to serve these reconfigured parcels and were assessed to the properties when installed. KEY SSUES: The Shirkey's have agreed to team up with the city to reconfigure the parcels into five residential single family home lots. Shirkeys would end up with three lots and the city would end up with two lots. As a result both parties would retain similar acreage after the reconfiguration as before. Water and sewer service lines were stubbed out of Sherwood A venue in FNANCAL CONSDERATONS: The cost to prepare Certificate of Survey, estimated at $4,500 will be split equally between the Shirkeys and the City, as well as legal fees. The estimated cost for electric utilities is approximately $10,000. Current policy requires the developer to pay 60% of the cost. The developer of each lot will be required to pay an estimated $1,200 at the time of hook up. Water and sewer costs have previously been assessed to the properties. No additional connection fees will be charged. LEGAL CONSDERATON: These parcels will be subdivided by Certificate of Survey as the property is already platted. DEPARTMENT/RESPONSBLE PERSON: Mark Borseth, Community Services Director REVEWED BY: Encl: (1) 16

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18 CTY OF THEF RVER FALLS PROPOSED RESOLUTON #6.06 APPROVAL TO RECONFGURE A PORTON OF THE SHRKEY PROPERTY (FORMERLY FORNEY PROPERTY) FOR THE PURPOSE OF DEVELOPNG FVE RESDENTAL SNGLE FAMLY HOME LOTS Presented as part of the Consent Agenda, Councilmember introduced Resolution No., being seconded by Councilmember that: WHEREAS, the City of Thief River Falls purchased the north 700' of Lot 59 (1.6 acres) in 2000 to construct Sherwood A venue. The east 14 feet of the parcel was dedicated for public right-of-way. The remaining 86' wide parcel held by the city is currently inadequate for development; and WHEREAS, the former Forney property, now owned by John and Hannah Shirkey, lies adjacent to the city owned parcel. Their property is also inadequate for development because no utilities are available, as the city parcel lies between them and the utilities. Existing utilities are available to serve these reconfigured parcels and were assessed to the properties when installed; and WHEREAS, the Shirkey's have agreed to team up with the city to reconfigure the parcels into five residential single family home lots. Shirkeys would end up with three lots and the city would end up with two lots. As a result both parties would retain similar acreage after the reconfiguration as before. Water and sewer service lines were stubbed out of Sherwood Avenue in 2000; and WHEREAS, the cost to prepare Certificate of Survey, estimated at $4,500 will be split equally between the Shirkeys and the City, as well as legal fees. The estimated cost for electric utilities is approximately $10,000. Current policy requires the developer to pay 60% of the cost. The developer of each lot will be required to pay an estimated $1,200 at the time ofhook up. Water and sewer costs have previously been assessed to the properties. No additional connection fees will be charged. THEREFORE, BE T RESOLVED, by the City Council, to accept a Planning Commission and Public Works Committee recommendation to approve reconfiguring a portion of the Shirkey property (formerly Forney property) in portions of Lots 57, 58 and 59 of Rustad's Subdvision of Lots 7 & 8 for the purpose of developing five residential single family home lots. Presented at the November 18, 2014 Council Meeting ntroduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _Schmalz_Sollom 18

19 City of Thief River Falls ELECTRC DEPARTMENT #6.07 HSTORC SOO LNE R.R. DEPOT 405 Third Street East. P.O. Box 528 ThiefRiver Falls, MN PHONE: FAX: DATE: November 18, 2014 SUBJECT: Filling of Line Worker position and Amending Minimum Qualifications oflineworker Job Description. RECOMMENDATON: t is respectfully requested the Council consider the following: Motion to: Authorize the Electric Department to begin process to fill the position oflineworker. The position shall be opened to Teamster Union #320 employees for ten days, and if not filled by that process, the position shall be opened to the public for filling. Secondly, to amend the current Lineworker job description minimum qualifications to indicate one year of previous experience versus the current three years. BACKGROUND: This is a position that is currently being budgeted to be filled during By beginning the process now, the position will be filled immediately in The Lineworker position is needed to be filled to ensure successfully operation of the Electric Department. FNANCAL CONSDERATONS: Budgeted 2015 position. LEGAL CONSDERATON: None. DEPARTMENT/RESPONSBLE PERSON: Dale Narlock, Electric Superintendent REVEWED BY: LRK 19

20 THEF RVER FALLS JOB DESCRPTON BAND GRADE c 4 JOB TTLE SUBGRADE 1 1 DEPARTMENT EFFECTVE DATE Journey Line Worker Electric August 21, 2012 MMEDATE SUPERVSOR: Electric Foreman JOB SUMMARY Performs a variety of technical tasks involved in the installation, servicing and maintenance of high voltage and secondary voltage distribution systems. TASK FRE- BAND/ NO. LLUSTRATVE TASK QUENCY GRADE. nstalls, maintains and repairs high voltage electrical Daily C4 distribution system apparatus and equipment. Supervises 88% groundmen who assist line workers with installation of apparatus and equipment. Line workers work at the journey level with minimum direct supervision. 2. Determines proper installation of high voltage apparatus Daily B2 according to safety codes and industry standards. 10% 3. Maintains inventory of equipment and supplies and Daily B2 requisition items in need of replenishment or replacement. 2% 4. Performs other tasks of a similar nature or level. As Required MNMUM QUALFCATONS: One year of specialized/technical training in electrical line work and three or more yearsone year of previous experience as an electrical line worker at the apprenticeship level involving construction and maintenance of a high voltage and secondary voltage distribution system or an equivalent combination of education, training or work experience which provides sufficient evidence for the successful performance of the various tasks listed. A valid State of Minnesota driver's license or evidence of equivalent mobility is also required. 20

21 CTY OF THEF RVER FALLS PROPOSED RESOLUTON 1 # RESOLUTON AUTHORZNG THE ELECTRC DEPARTMENT TO BEGN PROCESS TO FLL THE POSTON OF LNEWORKER AND AMEND JOB DESCRPTON WHEREAS, a Lineworker position is needed to be filled to ensure successful operation of the Electric Department. THEREFORE, BE T RESOLVED, to accept the Public Utilities Committee recommendation and authorize the Electric Department to begin process to fill the position of Lineworker. The position shall be opened to Teamster Union #320 employees for ten days, and if not filled by that process, the position shall be opened to the public for filling. BE T FURTHER RESOLVED, to amend the current Lineworker job description minimum qualifications to indicate one year of previous experience versus the current three years. Presented at the November 18,2014 Council Meeting ntroduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

22 CTY OF THEF RVER FALLS PROPOSED RESOLUTON 1 # RESOLUTON AUTHORZNG SSUANCE, A WARDNG SALE, PRESCRBNG THE FORM AND DETALS AND PROVDNG FOR THE PAYMENT OF GENERAL OBLGATON BONDS, SERES 2014B Presented at the November 18, 2014 Council Meeting ntroduced by: Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

23 CERTFCATON OF MNUTES RELATNG TO GENERAL OBLGATON BONDS, SERES 2014B ssuer: City of Thief River Falls, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on November 18, 2014, at 5:00p.m. in the City Offices in ThiefRiver Falls, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTON NO RESOLUTON AUTHORZNG SSUANCE, AWARDNG SALE, PRESCRBNG THE FORM AND DETALS AND PROVDNG FOR THE PAYMENT OF GENERAL OBLGATON BONDS, SERES 2014B, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WTNESS my hand officially as such recording officer on November _, City Administrator 23

24 t was reported that L ) proposals for the purchase of $810,000 General Obligation Bonds, Series 2014B were received prior to 10:30 a.m., Central time, on November 18, 2014, pursuant to the Notice of Sale and Official Statement distributed to potential purchasers ofthe Bonds by Northland Securities, nc., municipal advisor to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached 24

25 Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTON AUTHORZNG SSUANCE, AWARDNG SALE, PRESCRBNG THE FORM AND DETALS AND PROVDNG FOR THE PAYMENT OF GENERAL OBLGATON BONDS, SERES 2014B BE T RESOLVED by the City Council, City of Thief River Falls, Minnesota (the "City"), as follows: SECTON 1. AUTHORZATON AND SALE Authorization. This City Council, by resolution duly adopted on October 21, 2014 authorized the issuance and sale of its $810,000 General Obligation Bonds, Series 2014B (the "Bonds"), pursuant to Minnesota Statutes, Section and Chapters 429 and 475. The portion of the Bonds ($685,000) that is being issued pursuant to Minnesota Statutes, Chapters 429 and 475 (the "mprovement Bonds") will be used to finance certain street improvement projects in the City (the "mprovement Projects"). The portion of the Bonds ($125,000) that is being issued pursuant to Minnesota Statutes, Section and Chapter 475 (the "Utility Bonds") will be used to finance improvements (the "Utility Projects;" together with the mprovement Projects, the "Projects") to the municipal sewer system (the "System"). Maturity schedules for the mprovement Bonds and the Utility Bonds are attached hereto Sale. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, nc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of, in (the "Purchaser") to purchase the Bonds at a price of $ plus accrued interest, if any, on all Bonds to the date of issuance and delivery, on the further terms and conditions hereinafter set forth Award. The sale ofthe Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds with the Purchaser in accordance with the Notice of Sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTON 2. BOND TERMS; REGSTRATON; EXECUTON AND DELVERY ssuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be 25

26 performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith Maturities; nterest Rates; Denominations and Payment. The Bonds shall be originally dated as ofdecember 15,2014, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2016 $60, , , , , , , , , , , ,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository Dates and nterest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. nterest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2015, each such date being referred to herein as an nterest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month immediately preceding the nterest Payment Date, whether or not such day is a business day. nterest shall be computed on the basis of a 360-day year composed of twelve 30-day months Redemption. Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in 2 26

27 integral multiples of$5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [Bonds maturing on February 1, 202_ and 20_ (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing in 20 Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 202_. Notice of redemption shall be given as provided in the preceding paragraph.] Appointment of Registrar. The City hereby appoints Northland Trust Services, nc., in Minneapolis, Minnesota, as the initial Bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 3 27

28 2.06. Registration. The effect of registration and the rights and duties ofthe City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) mproper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 4 28

29 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. n case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond oflike amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. f the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section , Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. n case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 5 29

30 2.08. Securities Depository. (a) For purposes ofthis section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofdtc, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee ofdtc. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner ofthe Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee ofdtc, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. 6 30

31 (c) n the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of physical certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. n such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. n such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Administrator is hereby authorized and directed. (e) n the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. n the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates Form of Bonds. The Bonds shall be prepared in substantially the following form: 7 31

32 UNTED STATES OF AMERCA STATE OF MNNESOTA CTY OF THEF RVER FALLS GENERAL OBLGATON BONDS, SERES 2014B nterest Rate Maturity Date Date of Original ssue CUSPNo. % February 1, 20_ December 15,2014 REGSTERED OWNER: CEDE & CO. PRNCPAL AMOUNT: THOUSAND DOLLARS CTY OF THEF RVER FALLS, State of Minnesota (the "City") acknowledges itselfto be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent nterest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 2015 (each such date, an "nterest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any nterest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the nterest Payment Date. nterest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Northland Trust Services, nc., Minneapolis, Minnesota, as Bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar") or other agreed-upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal and interest as the same respectively come due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the "Bonds") in the aggregate principal amount of $810,000 issued pursuant to a resolution adopted by the City Council on November 18, 2014 (the "Resolution"), to finance various street improvement projects and various improvements to the City's sewer system (the "System"), and is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section and Chapters 429 and 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The 8 32

33 Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders' addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [Bonds maturing in the years 20_ and 20_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20 Sinking Fund Payment Date Aggregate Principal Amount *Maturity Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and 9 33

34 maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the nternal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. T S HEREBY CERTFED, RECTED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments upon property specially benefited by the improvements financed by the Bonds and has agreed to collect and apply to payment of the Bonds certain net revenues of the System and ad valorem taxes levied on all taxable property in the City, which assessments, revenues and taxes are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess ofthe principal of and interest on the Bonds when due, and has appropriated such assessments, revenues and taxes to its General Obligation Bonds, Series 2014B Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. N WTNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Administrator and has caused this Bond to be dated as ofthe date set forth below

35 CTY OF THEF RVER FALLS, MNNESOTA (Facsimile Signature) City Administrator (Facsimile Signature) Mayor CERTFCATE OF AUTHENTCATON This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: NORTHLAND TRUST SERVCES, NC., as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA... as Custodian for (Cust) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act.... JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. (State) (Minor) 11 35

36 ASSGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint : :-----: :-----: attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTCE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE NSERT SOCAL SECURTY OR OTHER DENTFYNG NUMBER OF ASSGNEE: [end of Bond form] SECTON 3. USE OF PROCEEDS. There is hereby established on the official books and records of the City a General Obligation Bonds, Series 2014B Construction Fund (the "Construction Fund"). Within the Construction Fund are established the following accounts: (a) mprovement Construction Account. The mprovement Construction Account shall be credited with (i) all special assessments collected with respect to the mprovement Projects until all costs of the mprovement Projects have been fully paid and with (ii) $ from the proceeds of the mprovement Bonds. To the extent required by Minnesota Statutes, Section , subdivision 4, the City shall maintain a separate subaccount within the mprovement Construction Account to record expenditures for each improvement. Every item of expense made for the mprovement Projects shall be deducted from the mprovement Construction Account to the extent paid from proceeds of the mprovement Bonds. The City 12 36

37 Administrator shall maintain the mprovement Construction Account until payment of all costs and expenses incurred in connection with the construction of the mprovement Projects have been paid. (b) Utility Construction Account. The Utility Construction Account shall be credited with $ from the proceeds of the Utility Bonds, which, along with other funds provided by the City, will be an amount equal to the estimated cost of the Utility Projects. The City Administrator shall maintain the Utility Construction Account until all costs and expenses incurred by the City in connection with the construction of the Utility Projects have been paid. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. SECTON 4. GENERAL OBLGATON BONDS, SERES 2014B BOND FUND. So long as any of the Bonds are outstanding and any principal or interest thereon unpaid, the City Administrator shall maintain on the official books and records of the City a separate fund designated as the General Obligation Bonds, Series Bond Fund (the "Bond Fund"). nto the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) any amount in excess of the amounts credited to the Construction Fund as provided in Section 3 hereof received from the Purchaser upon delivery of the Bonds, (c) the special assessments and net revenues described in Sections 5 and 6 hereof; (d) any taxes collected pursuant to Section 7 hereof, and (e) any other funds appropriated by the City Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. f the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The City Council also covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to pay any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance ofthe Bonds the amount set forth in (b) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the following February 1 ), as monies are received into the Bond Fund, the City Administrator shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. f at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Administrator shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. nvestment earnings (and losses) on amounts from time to 13 37

38 time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. SECTON 5. SPECAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the mprovement Projects, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in a principal amount not less than 20% ofthe cost of the mprovement Project. The City has levied or expects to levy special assessments in the principal amount of $325,251. The cost of the mprovement Project, inclusive of financing costs, is estimated to be approximately $. t is estimated that the principal and interest on such special assessments will be levied beginning in 2015 and collected in the years in the amounts shown on Appendix attached hereto. The principal of the assessments shall be made payable in annual installments, with interest as established by the City Council in accordance with law on unpaid installments thereof from time to time remaining unpaid. n the event any special assessment shall at any time be held invalid with respect to any lot or tract ofland, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Council or by any of the officers or employees ofthe City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTON 6. PLEDGE OF NET REVENUES. t is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience, and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Utility Bonds herein authorized, and on any other bonds to which such revenues are pledged. Pursuant to Minnesota Statutes, Section , the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are discharged as provided in Section 7 or paid in full, the City will impose and collect reasonable charges in accordance with said Section for the service, use and availability of the System according to schedules sufficient to produce net revenues sufficient to pay the Utility Bonds and any other bonds to which said net revenues have been pledged, and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Utility Bonds herein authorized and interest thereon when due. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. SECTON 7. PLEDGE OF TAXNG POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, 14 38

39 credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. n order to produce aggregate amounts which, together with the collections of net revenues of the System as set forth in Section 6 and the special assessments as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section SECTON 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date. f such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTON 9. TAX COVENANTS; ARBTRAGE MA TERS AND CONTNUNG DSCLOSURE General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the nternal Revenue Code of 1986, as amended (the "Code") and applicable Treasury Regulations (the "Regulations"), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the 15 39

40 Projects. The Projects are and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to the use of the Projects, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code Arbitrage Certification. The Mayor and City Administrator being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(t) ofthe Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(t) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2014 does not exceed $10,000, Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section (t)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Projects as defined in Section (t)(2) ofthe Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities 16 40

41 Exchange Act of 1934 (17 C.F.R c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. fthe City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bond owner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) nformation To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: ( 1) on or before 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2014, the following financial information and operating data in respect of the City (the "Disclosure nformation"): (A) (B) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City ndebtedness; City Tax Rates, 17 41

42 Levies and Collections; Debt Statistics; and General nformation- "Major Employers." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure nformation and, within 1 0 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure nformation may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic Municipal Market Access System ("EMMA") or to the SEC. The City shall clearly identify in the Disclosure nformation each document so incorporated by reference. f any part of the Disclosure nformation can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure nformation need no longer be provided if the City includes in the Disclosure nformation a statement to such effect, provided, however, that if such operations have been replaced by other City operations in respect ofwhich data is not included in the Disclosure nformation and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure nformation shall include such additional specified data regarding the replacement operations. f the Disclosure nformation is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure nformation to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) n a timely manner not in excess often business days after the occurrence of the event, notice ofthe occurrence of any ofthe following events: (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the nternal Revenue Service of proposed or final determinations of taxability, Notices of Proposed ssue (RS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; () Defeasances; (J) Release, substitution, or sale of property securing repayment ofthe securities, if material; (K) Rating changes; 18 42

43 (L) (M) (N) Bankruptcy, insolvency, receivership or a similar event with respect to the City; The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, a material fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a material fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) n a timely manner, notice of the occurrence of any of the following events or conditions: (A) (B) (C) (D) (E) the failure of the City to provide the Disclosure nformation required under paragraph (b)(1) at the time specified thereunder; the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection ( d)(2); the termination of the obligations of the City under this section pursuant to subsection (d); any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure nformation are prepared; and any change in the fiscal year of the City

44 (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; nterpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements ofthe Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure nformation) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) ofthe Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. f the Disclosure nformation is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder

45 (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) ofthe Rule. SECTON 10. CERTFCATON OF PROCEEDNGS Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Pennington County, together with such additional information as is required, and to obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's Bond register Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein Official Statement. The Preliminary Official Statement relating to the Bonds, dated 2014, prepared and distributed by Northland Securities, nc., the municipal advisor for the City, is hereby approved. Northland Securities, nc. is hereby authorized on behalf of the City to prepare and deliver to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities and Exchange Act of The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement Effective Date. This resolution shall be in full force and effect from and after its passage. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted

46 APPENDX Special Assessments and Tax Levies with respect to the mprovement Projects Levy Years Collection Years Assessments Levies Maturity Schedule-mprovement Bonds Principal $ 46

47 Maturity Schedule-Utility Bonds Principal (Water) $ 2 47

48 PENNNGTON COUNTY AUDTOR'S CERTFCATE AS TO REGSTRATON AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Pennington County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on November 18, 2014, by the City Council of Thief River Falls, Minnesota, setting forth the form and details of an issue of$810,000 General Obligation Bonds, Series 2014B dated the date of issuance thereof. further certify that the issue has been entered on my bond register and the taxes required by law have been levied as required by Minnesota Statutes, Sections to WTNESS my hand and official seal on the day of, (SEAL) Pennington County Auditor 48

49 City of Thief River falls #7.02 DRECTOR OF COMMUNTY SERVCES 405 Third Street East PO Box 528 Thief River Falls MN Request for Council Action PHONE: FAX: DATE: November 13,2014 SUBJECT: Barron's Addition RECOMMENDATON: t is respectfully requested that the Council consider the following Planning Commission and Public Works Committee recommendation: Motion to: Approve the final plat of Barron's Addition. BACKGROUND: Farmers Union Oil Company recently purchased the former Home Lumber property for the construction of a Cenex truck stop convenience store. They have also purchased approximately 4.5 acres between the former Home Lumber site and Eastwood Drive (former County Road 62). Farmers Union Oil Company has requested the construction of frontage road to serve their property, which is now substantially complete. The City of Thief River Falls purchased property in 2009 on the south side of Eastwood Drive to facilitate the realignment of Eastwood Drive and provide an access for the Thief River Care Center. The City and Farmers Union Oil Company have agreed to plat the property together. Steve Olson of Falls Liquor had suggested, and Cenex concurred, that the plat be named Barron's Addition in honor oflong time Council and Planning Commission member Don Barron. KEY SSUES: The proposed plat will dedicate right-of-way to facilitate the construction of a frontage/backage road to serve the properties. t will also plat lots that will allow subdividing the property to allow for future development. FNANCAL CONSDERATONS: The cost of the plat and wetland delineation will be split between the City ofthiefriver Falls and Farmers Union Oil Company. LEGAL CONSDERATON: Platting will allow for subdividing the property and clean up lengthy legal descriptions. DEPARTMENT/RESPONSBLE PERSON: Mark Borseth, Community Services Director REVEWED BY: Encl: (1) 49

50 -~ ~ ~ ">o._ 0 u / / / / \. "-. ", \. / / \. ),, \. \. / / / /... "'\_'. \. v \. / 1 / \. " \. \. / / ; / y ' " \. \. / 1- / $ /. /\. ~ \./.( / ' / \. '>.<' \. ' '--< ' /,1>.s~ > '. A'\. ' ' / ~/, ~ - K A. \. <._ / _,,<t.1!-' _.!):,,.J ' ' // ii' " ' 'v ' \. /-.../' \ ~~~..=:..-::.- ~ '\.i/... ~,.i~,o-.. 7 oo'li-" - 1 / / / BARRON'S ADDTON PART OF GOVT. LOTS 1 & 2, SEC. 2, T.153 N. R. 43 W. OF THE 5TH PRNCPAL MERDAN, PENNNGTON COUNTY, MNNESOTA. / / '----- / / / / / / / / / / / ~ ~ ~ MA'l1"d't..:.H.JoW, _ ~'nhhjo'a~aa;(l ~ Kt ::JNA!..LMEH6YT-ESEPRESENTS. Thet~A. Ha&Mind~n&. MuM, hust.nddn<mfa,w.l!laorm!tnl&nd~ol ll'lal "'kkww r~gdt~pfopirtrw.t.d lll lhiccuntyofpemqlon.stwoofm-.naiiqia to"* Tlwt~rtr;l~ nt l.olli1wid2,sackln2, TOM~ 1.5 3Nor-. Rat~Q~'QWM:elll'la R!!l ~Mencllan PennlrQ;nCounfr, ~dt.atbld ~ ~.. ~...,..., \l~ fnt iicot!or, ---.,.,..~...,..,_... ~.-. c...,.._... w... c.a.. fl~....,...~ ~!llrit$..,~ a- u --:- ut :::-'-r~====---==-~-lo:...~.=::c-~:.:::~..::.~:w-:::= $4 5( ~~-_...!Q!.,..._,....,.,...""tM'O'tiOiotfiT.tal.t: ewf~~o.,.-u---."d,... _c.,_,.._.,n, n ~~ooc.r- -...a~» -...DMCOQ lnl.-.tm._,.....u..fi"'' ~ ,...,~~~ tf-~ o.-ndi~nrl.-;!drl--4it-~okwl »~q...:.w!oil,tlo!j...-, _,...,.... ~1slltltJiol&&X t,. ~ol- tml'-ot, ,.,..~~-,._.y*l.,.... Nf/lilill..ui~ 'R~~ \M)$1.... JO'l:J:«fttlllott'-ll"r".>~~N,_...,... ~ ~1, ~1041. ~0...,.00. c.lt...,..llof~ "'- fi... ~AC ~tlmoll'!t-t...-~.-o ~-""""C'~ -... r-'ql na;;,.rtl 01:1Mtao...,., -"lfo_,...,....,... ~~ a.m~-.r~~t\-... n... w.~..... i~ fi K:rtllfK...-.,...,.,...,.d,...,;J;Ji-~~... _...,~..., ~ """'-.-.. ill w.>.."'oti1,.,...,.adqmoro -- ~~~.-~~- - ri id:d«._..,_....._pci"'t.. ~ S.ldPtro~~;QniJiin 1126~~o~:r.a,mor.oriH,nd sub)cllc n... rnants...tndion~or- 11"11 d nocord,wany H8't8 t11uhc lhl ume to b41survayed and platted u Aitii:ON'S AODT'ON lid do hlr.o,o donat. 1nd dtd~t.lo 1t11 pubhc lor public U$1 lonovercountyrocid62ondlilllron~erc d ndai5qdldjc~hngltltluhm~ntrou s hown11"1lh.aplallorci'llnageweyo'lduulrtypurposll ~'.. ~..._...,.., "'*folo!iii.wn "t-4..;,.11w..._.,. cwol,_ ""'- ~oqgo~ngmlnlmenl-~.-.---_- fl _ 20_ C,_,_ A Hi!OMMdKnlt.,S HaM, hu-.o nd... NNry~Countl'.lilrM K: MyCom!ntnlon E~--- ll'lefttjt cerlit'/11111 h...,. surveyed end pll1lld 1111 properly llillcretd 011ll'llljllall1 8ARRON'S ADDTON, lhll l"l is!mlllol corrk o~llllcln ollhiiurvty, tllatlldllanctllrlcortwcllysnawnllnlht pilot n lftl ndhunchdlh:l d 1 kl 01, lhltidmonumemsh...,.blln con.dt,rplac:ldllth groijndnlhclwrl,.lhlllthlout:li,.~ lltllla"'~dnill"'lltdolhlplltlndlhlt~..,.na-...!ludlor p.obllcho~ys1db41dllrgn.tecratherth&nnlhcw!1 ~~.R llorw.i~:z,undsurv.~or Mnn.. olriglsrr.tm~no STATE OF ~r.t.esota ""'""'"" Tl'le lb "'Q"GSU!"~MYQ'&C.n~lclt.WCkncwlldgldbllorwm thll_dllyq»_h"~ ~'*""- R'ill tionno ,,.,,., CDuntyUQoll lol TCom!T111111"1 Eapirw ~~...,.....l!pll;_..,.,,_...,,..,""=-= , - CW,Coo.irdoiTHRMJFab....,_-* llli5 _ Si&l'"" - """"o"' ""=.."' -=-=--- doyol lo_ NO ~ l1 C~Mnlt. xn~lndnonll«tnt11nod!h.a_dlvor,._ Co unlyau~lgr,...,~..,_ _. ~,..,a ,._.h,no"''"'~'~ld Count)Tnoa., lrwr.c,<-'lilyiiiiiow.,*'-t-.a..don-gitact-~~o_,on tm _&lfd_20_.t o"tbdl_ m.&nd -ld ~!y~ lfl... d ~ --- C""ntr R.-dtr ' ' ' SC.o.L!:(NF!~) -ll,l...,. ORNTATON~TW&AUN~SYS'P A3.0aNN>ollll,-O'TO'OOUN1'1' ~O'O<OTUTlJNAO.:rJNNT 0 ~= ~~~~~~::.:::::~: - Liiid ~ Englnoorlng Aldtl.tecture Swveytng Environ~ltal Ul 0

51 CTY OF THEF RVER FALLS PROPOSED RESOLUTON #7.02 RESOLUTON NO. : APPROVAL OF FNAL PLAT OF BARRON'S ADDTON A Planning Commission and Public Works Committee recommendation was presented. Following discussion, Councilmember introduced Resolution No., being seconded by Councilmember, that: WHEREAS, the Planning Commission met to consider the proposed Barron's Addition Final Plat prepared by Garrett Borowicz ofwidseth Smith Nolting & Assoc., nc.; and WHEREAS, Farmers Union Oil Company recently purchased the former Home Lumber property for the construction of a Cenex truck stop convenience store. They have also purchased approximately 4.5 acres between the former Home Lumber site and Eastwood Drive (former County Road 62). Farmers Union Oil Company has requested the construction of frontage road to serve their property, which is now substantially complete. The City ofthiefriver Falls purchased property in 2009 on the south side of Eastwood Drive to facilitate the realignment of Eastwood Drive and provide an access for the Thief River Care Center. The City and Farmers Union Oil Company have agreed to plat the property together. Steve Olson of Falls Liquor had suggested, and Cenex concurred, that the plat be named Barron's Addition in honor oflong time Council and Planning Commission member Don Barron; and WHEREAS, the proposed plat will dedicate right-of-way to facilitate the construction of a frontage/backage road to serve the properties. t will also plat lots that will allow subdividing the property to allow for future development. The cost of the plat and wetland delineation will be split between the City of Thief River Falls and Farmers Union Oil Company; and WHEREAS, the Planning Commission recommends approval of the Final Plat. THEREFORE, BE T RESOLVED, by the City Council, to accept the Planning Commission and Public Works Committee recommendation to approve the Final Plat of Barron's Addition. Presented at the November 18,2014 Council Meeting ntroduced by: _ Seconded by: Roll Call (if required): Brown _ Cullen Dagg Hahn _Kajewski _Prudhomme _ Schmalz_ Sollom Notes:

52 City of Thief River falls #7.03 DRECTOR OF COMMUNTY SERVCES 405 Third Street East PO Box 528 Thief River Falls MN Request for Council Action PHONE: FAX: DATE: November 13,2014 SUBJECT: Ordinance Amending Zoning of Sanford First Addition RECOMMENDATON: t is respectfully requested that the Council consider the following: Motion to: Approve the Planning Commission Recommendation to approve the attached ordinance amending the Zoning of Sanford First Addition. BACKGROUND: Sanford Health purchased approximately 240 acres along Highway 32 South for the construction of a new medical center. They have platted approximately 75 acres, which includes the medical center site, storm water retention pond, Brodin Comfort Systems and Sanford Parkway right-of-way. Zoning was not completed at the time of platting. KEY SSUES: The Planning Commission recommends changing the zoning classification of the property legally described as follows: Blocks One (1) and Two (2) of Sanford First Addition to the City of Thief River Falls. Sanford Medical Center Thief River Falls has requested changing the zoning classification from Agriculture District (AG) to the General Business District (C-2). FNANCAL CONSDERATONS: None. LEGAL CONSDERATON: Notice was published in the newspaper and a hearing was held by the Planning Commission on November 10,2014. DEPARTMENT/RESPONSBLE PERSON: Mark Borseth, Community Services Director REVEWED BY: Encl: (3) 52

53 NOTCE OF HEARNG PLANNNG COMMSSON CTY OF THEF RVER FALLS ' Notice is hereby given pursuant to Chapter 152 of the Thief River Falls ("City") City Code that Sanford Medical Center Thief River Falls, 3001 Sanford Parkway, Thief River Falls, MN 56701, has applied for a re-zoning classification of property legally described as follows: Blocks One (1) and Two (2) of Sanford First Addition to the City of Thief River Falls. Sanford Medical Center Thief River Falls has requested changing the zoning classification from Agriculture District (AG) to the General Business District (C-2). Notice is further given that the Planning Commission will conduct a Hearing on the Zoning Request at 5:00P.M. on Monday, November 10,2014, in the City Council Chambers, City Hall, 405 Third Street East, Thief River Falls, MN All persons wishing to comment on the Re-Zoning Request will have the option to be heard at this time. Persons who wish to submit written comments prior to the Hearing or who have questions should address them to the Office of the Community Services Director, City Hall, P. 0. Box 528, ThiefRiver Falls, MN 56701, or telephone f you have a disability and need an accommodation in order to attend this Hearing; please contact the undersigned as soon as possible or at least three working days in advance of the Hearing at the above telephone number. Dated this 24 1 h day of October, 2014 Mark Borseth Community Services Director & Zoning Administrator Published in the Wednesday, October 29, 2014, edition of The Times. 53

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55 SANFORD FRST ADDTON BENG A PLAT OF PART OF THE NORTHWEST 1/4 OF SECTON 9, TOGETHER WTH PART OF THE NORTHEAST 1/4 OF SECTON 8, STUATED N TOWNSHP 153 NORTH, RANGE 43 WEST, 5th P.M. TO THE CTY OF THEF RVER FALLS, PENNNGTON COUNTY, MNNESOTA - -v~:t- -..s-: -:... J : ---- \- ~ t, \, '- l. --:--:.'{ S; S..:.._~ ;'...:;,...---:! U1 U1 ~ U_ l _,--;.. ~5:! \:~... :-:::... r;-. \. ~', -= -~ ~ ; -----, ~'~., ~ ;-; ~;:: -- \s :s: \_. :~.. BLOCK 2 t ~ ~o- 1 - ' :)'' ~-, _L_ :' L~ \ \! Soakl ~ t. r;f:no lfiqiriii~wp.1"~ e 1/2.D. PPE SO 0 l'"lftlt ~T1VE.LCC SS ~ BURNGS SHOWN AAE ~0 DN Ali SSUMED C/,lUW / \_/- Pl'lone: UL Pl=ll=l M;;;~:~

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W~ DULY APPRO\ED.. chanum"n S(cM:f~ CllY COUNCL'S CEffDf!CA!S: A7 A MEETNG OF THE CfTY COUNCL OF THE ClTY OF THEF RVER FALLS, MNNESOTA. ON THS DAY M-'20- TH P.J\TOFSANFORD FRaT ADDTON TO THE CTY OF THEF RrvER FALLS, NN~... WAStu..V~ s:re\'e""""hagen, W.YCR cg.tm'~qa'!!f!tatei HEREBY CERTlFY 'TK'o.T ALL TAXES ON THE land OESCR8ED HEREN FORT.~ YEAR... PAlO. \1CKlE. BJORGAARD. c00in'y TREASURER mtll!nm'oncollh"'vfte:~camf'ca.lj: STATEOFMNNESOTA ),.. COUNTY OF PENNNGTON l ALED FOR RECOR07HS CAY OF 20_. AT OCLOCK_.M,. C_T, ~~~~ KEN SCHMALZ. COl,NfYRECORDER CH.RSllNE HARFF, CEO JOOETORCELSON, dcty AtiMNl~TOR l E ; 1.STA~ OF M!NESOTA COUNlY OF Pe4MNGTON 11CS~W~~!i90ft!W5:0N ~ -BVOiRJSTNEHARFF. CHEF" XECU11VEomt:EROF~~tonER.n-t;U~Hoi..L,AM!Nt-lESD1'A50.1(C).'3)1"AX El<aiPT'OCV'CAllO!.OODW.FOf'T>!E~TO!i. 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COUNTY AutirromR;---- SANFORD FRST ADDTON BENG A PLAT OF PART OF THE NORTHWEST 1/4 OF SECTON 9, TOGETHER WTH PART OF THE NORTHEAST 1/4 OF SECTON 8, STUATED N TOWNSHP 153 NORTH, RANGE 43 WEST, 5th P.M. TO THE CTY OF THEF RVER FALLS, PENNNGTON COUNTY, MNNESOTA STATE pf NORTH DAKOTA COJNTYOF CASS Sheet 3 of 3 f """"'sli<jme>'twas~ """'""""'"",...,..._ HoustonEng.ineering nc..~ ~ -~ 1 :d Project No J.!OlAAVPUOO> PRELMNARY Ul "'