HomeMy WebLinkAbout2010-03-11 Council Agenda PacketAgenda
Corcoran City Council
March 11, 2010 - 7:00 PM
1. Call to Order / Roll Call
2. Pledge of Allegiance
3. Agenda Approval
4. Open Forum
5. Presentations
6. Planning Business / Landform - none
7. Engineering / Wenck - none
8. Consent Agenda
a. Draft Minutes of 2/25/10 *
b. Approval of Agreement with Teamster 320 for 2010*
c. Resolution 2010-08 , Charitable Gambling Application, New Hope Lions*
d. Police - MDC Subscriber Agreement *
i. Staff Report
ii. HC MDC User Agreement
9. Staff Reports / Memos
a. Police – Resolution 2010-005 Truck Safety Seminar *
b. Board of Review, Information Update*
c. Financial and Audit Update *
10. Unfinished Business
a. Approval of Cropland Lease Bid*
b. Approval of Ordinance 2010-253-Amendments to 70.02, Weight Restrictions *
i. Ordinance
ii. MN Statute
c. Resolution 2010-06, Adopting Penalties for Administrative Offenses*
11. New Business
a. 2010 Dust Control Program*
b. Resolution 2010-07, Approving Equipment Certificates*
i. Northland Securities
ii. Resolution
iii. Debt service by bond year
12. Claims as Presented *
a. Escrow Claims (Fund #500)
b. Building Inspections Claims
c. All Other Claims As Presented
13. Unscheduled Items
14. Review of Upcoming Council Meeting Agenda
15. Adjournment
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door.
City of Corcoran
City Council Meeting Minutes
February 25, 2010 - 7:00 PM
8a.
The Corcoran City Council met on February 25, 2010, at City Hall in Corcoran, Minnesota. Present
were Mayor Guenthner, Councilor Thomas, Councilor Gmach, Councilor Hudok, and Councilor
Milbrandt. Also present were City Administrator Donahue, Directory of Public Safety Gormley,
Deputy City Clerk Heinecke, City Attorney Jeff Carson and City Engineer Vince VanderTop, City
Planner Kendra Lindahl. Mayor Guenthner called the meeting to order at 7:00 pm.
1. Call to Order / Roll Call
2. Pledge of Allegiance
3. Agenda Approval
MOTION: made by Gmach, seconded by Thomas to approve the agenda as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
4. Open Forum
Chad Robran presented the council with two donations from the Corcoran Jaycee’s $250.00 for the city spring newsletter
and $500.00 for the city T-Ball Fields. Council thanked the Jaycee’s for their generosity.
5. Presentations
a. 2009 Annual Report of the Parks & Trails Commission
Vice Chair Tom Cossette presented the Parks and Trails Commission 2009 Annual Report. Mr. Cossette
highlighted the commissions’ accomplishments in 2009 along with a year end financial report.
b. 2010 Park & Trails Commission Work Plan
Vice Chair Tom Cossette presented the Parks and Trails Commission work plan for 2010. Projects include
Memorial Garden Phase I, Support for the Greenway Committee, Review and Update of the Park Dedication
Ordinance; Update Parks & Trails plan to include 2030 Comp Plan’s expanded MUSA, Development of Parks &
Trails Standards, Tree Perseveration Ordinance, and Memorial Garden Phase II.
Open meeting adjourned at 7:15 to convene a closed session.
Open meeting reconvened at 7:45 no action taken in the closed session.
6. Planning Business / Landform
None
7. Engineering / Wenck
a. TIF and 101 Turn back Summary
TIF Project Update
Engineer VanderTop presented status updates for the areas identified as possible TIF projects.
Transportation: City engineers met with Hennepin County representatives focusing on obtaining
county input on the “downtown” area. Wenck has started to review several alternatives for modifying
CR10, CR50 and CR 116/CR 10 intersections.
Water/Sewer: City Engineers met with Maple Grove City Engineer and Maple Grove Public Works
Director. City engineer will receive the water pressure model and example agreement to review and
discuss with council. Next steps to formalize process for sewer service are to meet with MCES
regarding a lift station location and timing, and to stimulate a discussion with Maple Grove and MCES
regarding ownership of the future Corcoran pipe.
CR 101 Turn back
Hennepin County is seeking approval from Corcoran for 101 turn back at Lions Park. City engineer
VanderTop plan is to bring a resolution to council by the end of March.
b. Sign off on Flood Plain amendment, Gamble Property, Co Rd 10 and Co. Rd. 19
MOTION: made by Thomas, seconded by Gmach to authorize a city official to sign the FEMA form
acknowledging the property meets flood plan requirements.
Councilor Thomas recommended documenting the process for Flood Plain review.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
City of Corcoran
City Council Meeting Minutes
February 25, 2010 - 7:00 PM
8a.
c. Municipal State Aid (MSA) Road Revision Update
City Engineer VanderTop presented an overview of Municipal State Aid Road payments to the city. Based on
MnDOT guidelines and the 2030 Comp Plan Corcoran can designate additional needs. Additional needs must
be submitted to MnDOT district engineer by March 1, 2010. Formal update of needs must be done by May 1,
with a resolution. Council directed engineer VanderTop to proceed.
8. Consent Agenda
a. Draft Minutes of 02/11/2010
b. Golf Cart and Trailer purchase
Councilor Gmach requested the golf cart and trailer be labeled as “Donated by the Police Reserves”.
c. Res. 2010-004 Police PERA Declaration
MOTION: made by Gmach, seconded by Hudok to approve the consent agenda as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
9. Staff Reports / Memos
a. Public Works Facility Update
Administrator Donahue presented a photo of the proposed Medina location, will meet again with Medina to
continue discussions. Further, Administrator Donahue and Public Works Superintendent Meister toured a facility
owned by Greg Ebert.
b. Planning and Zoning Projects Update
City planner Lindahl presented the list of open planning projects
c. Charter Commission Draft Minutes
No discussion
d. Parks & Trails Commission draft Minutes
No discussion
e. Commission Training, March 4th, 6-9:30 PM
Administrator Donahue reminded all present of the elected official/commission training. Director of Public Safety
Sean Gormley reminded all present of the Public Safety workshop on March 2nd.
10. Unfinished Business
a. Approval of Ordinance 2010-251 – Amendment section 70 Traffic Rules
MOTION: made by Gmach, seconded by Thomas to approve Ordinance 2010-251 as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
b. Approval of Ordinance 2010-252-Amendment to 81.02 Dog Licensing
MOTION: made by Gmach, seconded by Hudok to approve Ordinance 2010-252 as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
c. Approval of Ordinance 2010-253-Amendments to 70.02 Weight Restrictions
MOTION: made by Thomas, seconded by Hudok to approve Ordinance 2010-253 as presented.
Discussion: Councilor Milbrandt expressed concern about the impact of this ordinance update on seasonal AG
deliveries. Councilor Milbrandt further asked for clarification of Section 70.02c., as it refers to Minnesota Statute
section 169.87, subds. 2-6. Stan Chastek of Chastek Greenhouses (7600 Maple Hill Road) voiced concern of
how the weight restrictions will negatively impact his business.
MOTION: made by Thomas, seconded by Milbrandt to table approval of Ordinance 2010-253 pending resolution
of unanswered questions.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
d. Northern Natural Gas-Review of Permit Process
City Planner Lindahl submitted a memo answering the questions posed by council at a previous meeting.
Councilor Gmach indicated not much can be done until the spring and the city will ensure landscaping is
adequate to hide the facility from the roadway as well as adjacent properties. Councilor Gmach expressed a
need for a plan for Corcoran to handle a breech of security or other emergency at the facility. Director of Public
Safety Gormley informed the council of a March 17 seminar to be attended by Public Safety and Public Works to
discuss pipeline security.
City of Corcoran
City Council Meeting Minutes
February 25, 2010 - 7:00 PM
8a.
11. New Business
a. Plan for City Ordinance Update
Administrator Donahue presented the plan and budget to update ordinances per the 2030 Comp Plan. Council
directed staff to proceed based on work plan outline.
b. Agreement between City and Bonestroo for CGO Comp Plan Related /Ordinance Updates
MOTION: made by Milbrandt, seconded by Thomas to approve the addendum to the Bonestroo engagement
letter.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
c. Consideration of Request by P & T Commission to appoint Rachael Tessmer to Greenway Committee
MOTION: made by Thomas, seconded by Milbrandt to appoint Rachael Tessmer to Greenway Committee.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
12. Claims as Presented
a. Escrow Claims (Fund #500)
MOTION: made by Hudok, seconded by Gmach to accept escrow claims as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
b. Building Inspections Claims
None
c. All Other Claims As Presented
MOTION: made by Gmach, seconded by Hudok to accept all other claims as presented.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
13. Unscheduled Items
a. Greenway Committee Agenda for March 1, 2010
b. Mayor Guenthner reminded all present he will be absent from both meetings in March, Vice Mayor Thomas will
conduct the council meetings in March.
14. Review of Upcoming Council Meeting Agenda
15. Adjournment
MOTION: made by Gmach, seconded by Hudok to adjourn.
Voting Aye: Guenthner, Gmach, Hudok, Milbrandt, and Thomas. (Motion carried 5:0).
Meeting was adjourned at 9:20
____________________________
Dan Donahue, City Administrator
8c.
City of Corcoran .
County of Hennepin
State of Minnesota
CITY OF CORCORAN
RESOLUTION NO. 2010-08
MOTION BY:
SECONDED BY:
WHEREAS, the Maple Grove Lions have made an application to the City of Corcoran for the purpose
of conducting lawful gambling within the city limits; and
WHEREAS, the Maple Grove Lions are committed to donating to local causes that benefit the
community through the schools, youth organizations, food shelves, and many other such causes, of
which the City of Corcoran will benefit.
THEREFORE, BE IT RESOLVED, that the Council of the City of Corcoran finds this application to
be in compliance with the city codes and hereby authorizes the Maple Grove Lions to conduct lawful
gambling effective June 1, 2010 to May 31, 2012 at Mama G’s, 9705 County Road 101, Corcoran.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 11th day of March 2010.
____________________________________
Ken Guenthner, Mayor
ATTEST:
_________________________________, City Seal
Dan Donahue – City Administrator
STAFF REPORT / POLICE DEPARTMENT Agenda Item 8d. i
Council Meeting:
March 11, 2010
Prepared By:
Chief Sean Gormley
Topic:
MDC Subscriber Agreement w/ HCSO
Action Required:
Approve and sign agreement
Background –
The City of Corcoran receives its public safety dispatching services via Hennepin
County Sheriff’s Communication Division located in Golden Valley.
From time to time, Hennepin County Sheriff’s Office updates and amends its
“Communication System Subscriber Agreement”.
After reviewing the amendment, I find no issues with the updates as written.
Impact on Budget –
No additional impact on police budget as these services and subscription fees are
included in the 2010 police department budget.
Action Requested -
Motion to approve Acting Mayor Thomas and City Administrator Donahue to sign the
Mobile Data Computer (MDC) Amendment to the Communication System
Subscriber Agreement
* Note – there are three copies to sign, requires Notary and a SASE was provided by Hennepin County.
STAFF REPORT Agenda Item 9a.
Council Meeting:
Thursday - March 11, 2010
Prepared By:
Chief Sean Gormley
Topic:
3rd Annual Truck Safety Seminar
Action Required:
Accept Donated Funds Resolution
Background
The community held its 3rd Annual Truck Safety Seminar February 25th at Doboszenski
and Sons, Ins. facility. Nearly 120 participants spent a half-day with public safety
(Corcoran Police Department, and Minnesota State Patrol). After the seminar, the
attendees where treated to a complimentary lunch.
Chief Gormley will present a brief overview of the event at the City Council Meeting.
Recommendation
Motion to approve City of Corcoran Resolution 2010-05 and accept the donations made
to the City of Corcoran which will be utilized for the Truck Safety Seminar program
9a.
City of Corcoran
County of Hennepin
State of Minnesota
CITY OF CORCORAN
RESOLUTION 2010-05
MOTION BY:
SECONDED BY:
Commendation of Truck Safety Seminar and
Approval of Donated Funds
WHEREAS, the City of Corcoran supports the efforts of the Annual Truck Safety Seminar; and
WHEREAS, Doboszenski and Son, Inc. of Corcoran was host site for Annual Truck Safety
Seminar; and
WHEREAS, Annual Truck Safety Seminar planning committee consisted of, Tim Mans – Mans
Excavating, Inc., Trent Braiedy - Doboszenski & and Sons, Inc. and Chief Sean Gormley and
Corporal John Hamilton, Paula Steelman - Corcoran Police Department, Pat Meister and Public
Works Staff; and
WHEREAS, the following donors have made a contribution to the City of Corcoran to be utilized
in support of the Truck Safety Seminar program; and
Satellite Shelters, Inc. $50.00
Duane's Septic Services $50.00
Kothrade Sewer, Water & Excavating, Inc. $30.00
Floor Technologies / Maxxon $100.00
Midwest Asphalt Corp. $50.00
Burschville Construction, Inc. $50.00
Burda's Towing $100.00
Elmer J. Peterson Company $75.00
Super Swivels $150.00
Neumann Enterprises $25.00
Sather Bros. Inc. $25.00
Ess Brothers $200.00
Swifty Sweep, Inc. $20.00
West Side Tire, Inc. $50.00
Lange & Sons Equipment $50.00
Gary Koecheler & Associates $30.00
Gary's Diesel $30.00
Ebert Construction $150.00
Odland Protective Coatings, Inc. $100.00
DMJ $100.00
Miller Trucking $25.00
Lawn King $25.00
Gleason Century Farms $50.00
9a.
C & J Services $20.00
Architectural Images, Inc. $30.00
Beaudry $100.00
Ende Septic Service $100.00
Kamida, Inc. $50.00
Nuss Truck Group, Inc. $300.00
Dan McEwen $300.00
Road Machinery & Supplies $300.00
Cash $22.00
Total $2,757.00
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran
acknowledges the outstanding efforts by the truck safety planning committee, the kindness of the
host site, and the generosity of all donors and graciously accepts the financial donations as listed
above.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 11th day of March, 2010.
____________________________________
Ron Thomas, Acting Mayor
ATTEST:
____________________________________
Daniel J. Donahue, City Administrator City Seal
STAFF REPORT Document No. 9c.
Council Meeting: 03-11-10
Prepared By: City Administrator
Topic: Finance and Audit Update
Action Required: Informational Report
Summary:
In reviewing the needs of the city for additional finance training, rectifying
some finance accounting issues, and to provide staff with the tools to
become self sufficient, I asked Joe Rigdon from KDV to assist. Below is a
list of tasks that were undertaken by Rigdon and the city bookkeeper during
the last month:
• Overview of city’s year end process
• 2009 Cash/Investments Reconciliation
• 2009 Investments mark-to-market
• 2009 Interest Allocation
• 2009 GASB 40 disclosure (investments)
• 2009 Property Taxes/Assessments account coding
• 2009 Property Taxes/Assessments receivable/revenue reconciliation
• 2009 Capital Assets review and update
• 2009 Long Term Debt reconciliation and financial statement
disclosures
• 2009 County Long Term Debt reporting
• 2009 Accounts Payable/Accounts Receivable
• 2009 Review of Salaries Payable worksheet and journal entry
• 2009 Review & Reconciliation of Payroll Withholding liability accounts
• 2009 Review of Compensated Absences worksheet
• 2009 Fund Balance/Internal Loans/Transfers review
• 2009 Revenue account review
• 2010 State Summary Budget reporting
44 hours of Joe’s time was utilized to accomplish the above listed tasks at
a cost of $6,021.00. You will see this amount in the Claims on this agenda.
Justification for the hours and expense are:
Staff Report—March 11, 2010 Council Meeting
Page 2
1. The training offered will allow the city staff in the future to
prepare the necessary information for the annual audit with less
outside assistance and to properly manage financial information
on a daily basis in order to minimize expensive re-creation of
necessary financial reports.
2. I found that the personnel expenditures (the largest single
group of expenditure cost borne by the city) made over the past
couple of years needed to be better documented and better
managed within the city’s financial software system. The
consultant worked with the bookkeeper on this process. He also
reviewed the current bookkeeping and accounting procedures
and signed off on the process.
3. The auditors will be in during the week of March 8-12. Staff is
well prepared to proceed with this audit and we believe that the
necessary information is in proper order. I think I can say that
for the first time in three years, we are prepared to proceed by
ourselves and do not need to rely on “consultants” to present
our case.
City of Corcoran 3/2/2010 10a.
2010 Crop Bids
Last Name First Address City ST Zip
North
Parcel Bid
South
Parcel Bid
20 22
Gleason Phil 7105 County Rd 19 Loretto MN 55357 115.75 115.75 Per Acre
2,315.00 2,546.50 Total Bid
Leuer Greg 10495 Fenner Ave SE Delano MN 55328 120.99 120.99 Per Acre
2,419.80 2,661.78 Total Bid
Leuer Peter 6411 Hunter Rd Corcoran MN 55340 104.20 98.75 Per Acre
2,084.00 2,172.50 Total Bid
Patnode Daryl 23301 County Rd 10 Corcoran MN 55340 120.00 120.00 Per Acre
2,400.00 2,640.00 Total Bid
Crooked Creek Cattle Co 20604 County Rd 10 Corcoran MN 55340 124.80 131.80 Per Acre
2,496.00 2,899.60 Total Bid
Koch Family Farm 16301 125th Ave N Dayton MN 55327 140.00 140.00 Per Acre
2,800.00 3,080.00 Total Bid
Tombers Farm 100.00 115.00 Per Acre
2,000.00 2,530.00 Total Bid
Montgomery Farms 4295 Shorewood Trail Medina MN 55340 186.00 186.00 Per Acre
3,720.00 4,092.00 Total Bid
Agenda 10b. i
CITY OF CORCORAN
ORDINANCE NO. 2010-253
AN ORDINACE AMENDING SECTION 70.02 OF THE
CORCORAN CITY CODE RELATING TO WEIGHT RESTRICTIONS
THE CITY COUNCIL OF CORCORAN ORDAINS:
Section 1. Section 70.02 of the Corcoran City Code is amended as follows:
70.02 WEIGHT RESTRICTIONS.
The City Council finds that it is in the public interest to regulate the weight of
vehicles on city roads and hereby adopts the following regulations:
Section 70.02a. Seasonal Weight Limits; Posting. The Public Works Department
may prohibit the operation of vehicles upon any street under the jurisdiction of the
city or impose restrictions as to the weight of vehicles to be operated upon any
city street when, by reason of deterioration, rain, snow, or climatic conditions,
such city street may be damaged or destroyed unless the use of vehicles thereon is
prohibited or the permissible weight thereof reduced. The Public Works
Department shall cause to be posted on any such city street appropriate signs
designating such restrictions. The city will follow the State of Minnesota
Commissioner of Transportation dates of seasonal load limits. However, the City
may deem necessary to extend the date as recommended by the Public Works
Department.
Section 70.02b. Administrative Regulation of Trucks. The Public Works
Department shall monitor the condition of all streets under the jurisdiction of the
city and the use thereof by vehicles over 9,000 pounds gross weight, which
vehicles are defined as trucks for purposes of this section. Whenever the
Department determines that the excessive use of any city street by trucks has or is
likely to endanger public health or safety or that such use has or may damage or
destroy the street due to any condition, including but not limited to, street
deterioration, rain, snow, climatic conditions, soil or subsurface conditions, or
sight lines, the Department may regulate, restrict, or prohibit truck traffic on the
street. The Department may set conditions or limitations on the use of the street
to protect public health and safety or to prevent damage to the street, including
requiring that a letter of credit or other financial guarantee be posted to
compensate the city for damage to the street, establishing haul routes and
restricting hours of operation. Any person aggrieved by a decision of the Public
Works Department regarding regulation of truck traffic under this section may
appeal that decision to the City Council. The City Council may continue, modify
or terminate the regulations as it deems appropriate in order to protect public
health and safety and to prevent or minimize damage to the city streets.
Agenda 10b. i
Section 70.02c. Weight Limits; Seasonal Restrictions. Subdivision 1, Probation:
Weight. It is unlawful to operate any vehicle or a combination of vehicles upon
any public street, alley or highway within the city, between the dates set by the
Commissioner of Transportation each calendar year where the gross weight on
any single axle exceeds 8,000 pounds on all city roads, unless otherwise posted,
except that this limitation does not apply to emergency vehicles of public utilities
used incidental to making emergency repairs to its plant or equipment within the
city; nor to vehicles identified in Minnesota Statute, section 169.87, Subds. 2-6;
nor shall this limitation apply to roads paved with concrete.
Subd. 1. Posting of Signs. Upon the adoption of any prohibition or restriction as
provided for in this Section, the Public Works Department and/or City Engineer
shall cause to be posted or erected, signs plainly indicating the prohibition or
restriction at each end of the street or alley or that portion of any street or alley
affected thereby, and the prohibition or restriction is effective until after such
signs so posted or erected are removed.
Section 70.02d. Restrictions Generally
Prohibited vehicles – All motor vehicles, tractors, trailers, or any machine or
instrument that is driven, pulled, pushed, or parked having axle weights over four
tons per axle are prohibited from traveling on any city street posted with weight
restrictions in the city.
Section 70.02e. Permits for Vehicles in Excess Of Weight Limitations.
(1) The Public Works Department may issue an “emergency overweight permit”
authorizing an individual to travel with a vehicle having axle weight exceeding
the restrictions herein set forth or otherwise posted on the street. The individual
must make written application to the Public Works Department showing good
cause for the emergency overweight permit. The application shall specifically
describe the vehicle or vehicles, and the streets and particular routes to be
traveled. Emergency overweight permits shall be valid for only a 24-hour period.
If granted, the emergency overweight permit shall be carried in the vehicle and
shall be open to inspection.
(2) The City Council may issue an “overweight permit” authorizing an individual
to travel with a vehicle having an axle weight exceeding the restrictions herein set
forth or otherwise posted on the street. The individual receiving such overweight
permit must make written application to the City Council showing good cause for
the permit. The application shall specifically describe the vehicle or vehicles, the
street and particular routes traveled, and the period of time for which the permit is
requested. The application will be reviewed by the City Engineer and the Public
Works Department for recommendation. If granted, the permit shall be carried in
the vehicle at all times and shall be open to inspection.
(3) Issuance of an emergency overweight permit or overweight permit imposes
upon the holder of the permit all responsibility for damage caused to the
Agenda 10b. i
designated routes by such excess load and the holder of the permit shall reimburse
the city for all reasonable and necessary expenditures to repair and replace the
street to its formed condition.
Section 70.02f. The City Council shall set fees for the issuance of the above
permits, from time to time by Council Resolution.
Section 2. Penalty. A person convicted of a violation of this Ordinance, shall be guilty of a
misdemeanor and punished by a fine of not more than $1,000, imprisonment for a
term not exceeding ninety (90) days, or any combination thereof; provided,
however, that if the violation is declared to be a petty misdemeanor, the penalty
shall be a fine not to exceed $300. Additionally, a person convicted of a violation
of this Ordinance shall pay the costs of prosecution
Section 3. Repealer. Section 70.02 of the current Corcoran City Code is hereby repealed
effective on the date that this Ordinance becomes effective.
Section 4. Effective Date. This Ordinance shall be in full force and effect upon its
publication and passage.
ADOPTED by the City Council on ____ day of ________________, 2010.
VOTING AYE VOTING NAY
_____ Milbrandt, Roslyn _____ Milbrandt, Roslyn
_____ Guenther, Ken _____ Guenther, Ken
_____ Hudok, Chris _____ Hudok, Chris
_____ Gmach, George _____ Gmach, George
_____ Thomas, Ron _____ Thomas, Ron
_______________________________
Ken Guenther, Mayor
ATTEST:
__________________________
Daniel J. Donahue, City Administrator
10c.
City of Corcoran
County of Hennepin
State of Minnesota
CITY OF CORCORAN
RESOLUTION 2010-06
MOTION BY:
SECONDED BY:
A RESOLUTION ADOPTING PENALTIES FOR ADMINISTRATIVE, OFFENSES WITHIN THE
CITY OF CORCORAN
WHEREAS, the Corcoran City Council wishes to adopt an Administrative Citation
Ordinance for the establishment of administrative violations and the penalties therefore:
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Corcoran
that the administrative offense penalty schedule is established as follows:
Offense Description Code/Statute
Section
Penalty
Traffic/Vehicle
Unreasonable
acceleration
Driving through private
Property
Unsafe Operation
70.03
70.04
70.05
$60.00
$60.00
$60.00
Any parking violation Any parking violation $22.00
Snowmobile violations
Operation Chapter 72 $70.00
Equipment Chapter 72 $70.00
Hours of operation Chapter 72 $70.00
Animals
Dog at large Chapter 81 $60.00
Animal ID tag required Chapter 81 $60.00
Leashing/feces clean up Chapter 81 $60.00
Barking dog Chapter 81 $60.00
Public Nuisance
General Chapter 82 $60.00 plus costs
of abatement
Peace and safety
violations
Chapter 82 $60.00 plus costs
of abatement
Park use violations Chapter 83 $60.00
Sign violations Chapter 84 $60.00 plus costs
of abatement
Curfew Chapter 130 $50.00
10c.
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 11 day of March 2010.
____________________________________
Ken Guenthner, Mayor
ATTEST:
_________________________________, City Seal
Daniel Donahue – City Administrator
2010 ROAD STABILIZATION PROGRAM This program began in 2000 as a voluntary program. 2001 to Present – City has participated by contributing funds too keep costs down for residents. There are 102 miles of roads in the City of Corcoran ♦ County Roads = 39 miles ♦ Paved Roads = ♦ 25 miles ♦ Gravel Roads = 38 miles • Gravel Collector Roads = 27 miles • Gravel Residential Roads = 11 miles The City currently provides dust control to approximately 24 miles
DUST CONTROL RESULTS ♦ Dust Control has allowed the City to maintain a consistently funded Gravel Budget Gravel life is extended Less gravel is lost Placement of gravel is more consistent Fines are retained ♦ Maintenance is reduced Grading requirements are ½ of that for untreated roads Ride ability is improved. • Roads can be “muddy” because of additional moisture and fines
ASSESSMENT PROCESS In 2006 a 3 year contract was accepted from Dust Coating Inc. This kept the cost of dust control applications down for that period. In 2009 sealed bids were again advertised. Only one bid was received which was from Dustcoating Inc. Once again they are offering a 3 year contract. There is a $0.10 / per gallon of magnesium chloride / labor increase over the last contract. Signing this locks the City into the current contract price of $0.68/ gallon with no increases for 3 more years. This increase will be distributed amongst the resident accordingly per footage of road stretch with the City absorbing their portion. The only increase a resident could possibly see in the next 2 years would be minimal for postage and billing supplies.
BILLING PROCEEDURE Once approved post card billings will be mailed to all affected residents OPTIONS TO THE RESIDENTS Pay Assessment in full within 45 days of Council approval ♦ If approved April 22nd, then residents have until June 7th 2010, and no interest accrues or need be paid Pay Assessment after June 7th but before November 15, 2010 ♦ Accrues interest at a rate of 6.75% through December 31, 2010 If not paid by November 15th, interest will be calculated to December 31st and this amount will be given to the county for collection in property taxes payable in 2011. Once certified to the county, additional interest will be added along with a surcharge by the County.
11b ii
365064v1 MNI CR100-13
CITY OF CORCORAN
RESOLUTION NO 2010-07
MOTION BY:
SECONDED BY:
A RESOLUTION AWARDING THE SALE OF $470,000
GENERAL OBLIGATION EQUIPMENT CERTIFICATES
OF INDEBTEDNESS, SERIES 2010A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Corcoran, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Certificates.
1.01 It is hereby determined that:
a) the City is authorized by Minnesota Statutes, Sections 410.32 and 412.301
(the “Act”) to issue its general obligation equipment certificates of indebtedness
(the “Certificates”) on such terms and in such manner as the City determines to finance
the purchase of items of capital equipment (the “Equipment”), subject to certain
limitations contained in the Act;
(b) the City has or will purchase and acquire various items of Equipment,
which items and the estimated cost thereof, are listed on Exhibit A, attached hereto and
made a part hereof;
(c) as required by the Act,
(i) the expected useful life of each item of Equipment is or will be at
least as long as the term of the Certificates; and
(ii) the principal amount of the Certificates to be issued in the year
2010 will not exceed 0.25 percent of the market value of taxable property
in the City for the year 2010;
(d) it is necessary and expedient to the sound financial management of the
affairs of the City to issue $470,000 General Obligation Equipment Certificates of
Indebtedness, Series 2010A pursuant to the Act to provide financing for the Equipment.
365064v1 MNI CR100-13
2
1.02. The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to
negotiate the sale of the Bonds, it being determined that the City has retained an independent
financial adviser in connection with such sale. The actions of the City staff and financial
advisers in negotiating the sale of the Bonds are ratified and confirmed in all aspects.
1.03. Award to the Purchaser and Interest Rates. The proposal of BANKWEST,
Rockford, Minnesota and Farmers State Bank of Hamel, Hamel, Minnesota (the “Purchasers”) to
purchase the Certificates of the City described in the Summary of Terms thereof is determined to
be a reasonable offer and is accepted, the proposal being to purchase the Certificates at a price of
$470,000 plus accrued interest to date of delivery, for Certificates bearing interest in the years
and interest rates as follows:
Year Interest Rate Year Interest Rate
2016* 2.35% 2020* 3.95%
* Term Bonds
True interest cost: 3.3834917%
1.04. Purchase Contract. The Mayor and City Clerk-Treasurer are authorized and
directed to execute a contract with the Purchasers on behalf of the City.
1.05. Terms and Principal Amounts of the Certificates. The City will forthwith issue
and sell the Certificates pursuant to the Act in the total principal amount of $470,000, originally
dated April 1, 2010, in the denomination of $1,000 each or any integral multiple thereof,
numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on
February 1 in the years and installment amounts as follows:
Term Bonds due February 1 2016 in the aggregate principal amount of $246,000.
Term Bonds due February 1, 2020 in the aggregate principal amount of $224,000.
1.06. Optional Redemption. The City may elect on February 1, 2015 and on any date
thereafter to prepay Certificates due on or after February 1, 2016. Redemption may be in whole
or in part and if in part, at the option of the City and in such order as the City will determine and
within a maturity by lot as selected by the Registrar. Prepayments will be at a price of par plus
accrued interest.
365064v1 MNI CR100-13
3
1.07. Mandatory Redemption. The Term Bonds are subject to mandatory sinking fund
redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund
installment dates and in the principal amounts as follows:
Sinking Fund Installment Date Principal Amount
February 1,
2016 Term Bonds
2012 $46,000
2013 48,000
2014 50,000
2015 50,000
2016 (maturity) 52,000
2020 Term Bonds
2017 52,000
2018 54,000
2019 55,000
2020 (maturity) 60,000
The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All
prepayments will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Certificates will be issued only in fully registered form.
The interest thereon and, upon surrender each Certificate, the principal amount thereof, is
payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Certificate will be dated as of the last
interest payment date preceding the date of authentication to which interest on the Certificate has
been paid or made available for payment, unless (i) the date of authentication is an interest
payment date to which interest has been paid or made available for payment, in which case the
Certificate will be dated as of the date of authentication, or (ii) the date of authentication is prior
to the first interest payment date, in which case the Certificate will be dated as of the date of
original issue. The interest on the Certificates is payable on February 1 and August 1 of each
year, commencing February 1, 2011, to the registered owners of record as of the close of
business on the fifteenth day of the immediately preceding month, whether or not that day is a
business day.
2.03. Registration. The City will appoint a certificate registrar, transfer agent,
authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights
and duties of the City and the Registrar with respect thereto are as follows:
365064v1 MNI CR100-13
4
(a) Register. The Registrar must keep at its principal corporate trust office
certificate register in which the Registrar provides for the registration of ownership of
Certificates and the registration of transfers and exchanges of the Certificates entitled to
be registered, transferred or exchanged.
(b) Transfer of Certificates. Upon surrender for transfer of a Certificate duly
endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
will authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Certificates of a like aggregate principal amount and maturity, as requested
by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until that interest payment date.
(c) Exchange of Certificates. When the Certificates are surrendered by the
registered owner for exchange the Registrar will authenticate and deliver one or more
new Certificates of a like aggregate principal amount and maturity, as requested by the
registered owner or the owner’s attorney in writing.
(d) Cancellation. The Certificates surrendered upon any transfer or exchange
will be promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When the Certificate is presented to
the Registrar for transfer, the Registrar may refuse to transfer the Certificate until the
Registrar is satisfied that the endorsement on the Certificate or separate instrument of
transfer is valid and genuine and that the requested transfer is legally authorized. The
Registrar will 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 the Certificate is registered in the certificate register as the absolute owner
of the Certificate, whether the Certificate is overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on the Certificate and for all
other purposes, and payments so made to a registered owner or upon the owner’s order
will be valid and effectual to satisfy and discharge the liability upon the Certificate to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of the Certificates sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with respect to
the transfer or exchange.
365064v1 MNI CR100-13
5
(h) Mutilated, Lost, Stolen or Destroyed Certificates. If the Certificate
becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new
Certificate of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of the mutilated Certificate or in lieu of and in substitution for
any Certificate destroyed, stolen or lost, upon the payment of the reasonable expenses
and charges of the Registrar in connection therewith; and, in the case of a Certificate
destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that
the Certificate was destroyed, stolen or lost, and of the ownership thereof, and upon
furnishing to the Registrar an appropriate certificate or indemnity in form, substance and
amount satisfactory to it and as provided by law, in which both the City and the Registrar
must be named as obligees. The Certificates so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Certificate has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Certificate prior
to payment.
(i) Redemption. In the event that the Certificates are called for redemption,
notice thereof identifying the Certificates to be redeemed will be given by the Registrar
by mailing a copy of the redemption notice by first class mail (postage prepaid not more
than 60 and not less than 30 days prior to the date fixed for redemption to the registered
owner of each Certificate to be redeemed at the address shown on the registration books
kept by the Registrar and by publishing the notice if required by law. Failure to give
notice by publication or by mail to any registered owner, or any defect therein, will not
affect the validity of the proceedings for the redemption of the Certificates. The
Certificates so called for redemption will cease to bear interest after the specified
redemption date, provided that the funds for the redemption are on deposit with the place
of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Northland Trust Services,
Inc., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Clerk-Treasurer
are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which
event the predecessor Registrar must deliver all cash and Certificates in its possession to the
successor Registrar and must deliver the certificate register to the successor Registrar. On or
before each principal or interest due date, without further order of this Council, the City Clerk-
Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and
interest then due.
2.05. Execution, Authentication and Delivery. The Certificates will be prepared under
the direction of the City Clerk-Treasurer and executed on behalf of the City by the signatures of
the Mayor and the City Clerk-Treasurer, provided that all signatures may be printed, engraved or
365064v1 MNI CR100-13
6
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
signature appears on the Certificates ceases to be such officer before the delivery of any
Certificate, that signature or facsimile will nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery. Notwithstanding such execution,
a Certificate will not be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Certificate has been
duly executed by the manual signature of an authorized representative of the Registrar. The
Certificates of authentication on different Certificates need not be signed by the same
representative. The executed certificate of authentication on a Certificate is conclusive evidence
that it has been authenticated and delivered under this Resolution. When the Certificates have
been so prepared, executed and authenticated, the City Clerk-Treasurer will deliver the same to
the Purchaser upon payment of the purchase price in accordance with the contract of sale
heretofore made and executed, and the Purchaser is not obligated to see to the application of the
purchase price.
2.06. Temporary Certificates. The City may elect to deliver in lieu of printed definitive
Certificates one or more typewritten temporary Certificates in substantially the form set forth in
Section 3 with such changes as may be necessary to reflect more than one maturity in a single
temporary certificate. Upon the execution and delivery of the definitive Certificates the
temporary Certificates will be exchanged therefor and cancelled.
Section 3. Form of Certificate.
3.01. Execution of the Certificates. The Certificates will be printed or typewritten in
substantially the following form:
No. R-___ UNITED STATES OF AMERICA $_________
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF CORCORAN
GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF
INDEBTEDNESS, SERIES 2010A
Rate
Maturity
Date of
Original Issue
February 1, 20__ April 1, 2010
Registered Owner: __________________________
The City of Corcoran, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns,
365064v1 MNI CR100-13
7
the principal sum of $__________ on the maturity date specified above, with interest thereon
from the date hereof at the annual rate specified above, payable February 1 and August 1 in each
year, commencing February 1, 2011, to the person in whose name this Certificate is registered at
the close of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. The interest hereon and, upon presentation and surrender hereof, the principal
hereof are payable in lawful money of the United States of America by check or draft by
Northland Trust Services, Inc., Minneapolis, Minnesota, as Certificate Registrar, Paying Agent,
Transfer Agent and Authenticating Agent, or its designated successor under the Resolution
described herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith and credit and taxing powers of the City have been and
are hereby irrevocably pledged.
The City may elect on February 1, 2015 and on any date thereafter to prepay Certificates
due on or after February 1, 2016. Redemption may be in whole or in part and if in part, at the
option of the City and in such order as the City will determine and within a maturity by lot as
selected by the Registrar. Prepayments will be at a price of par plus accrued interest.
The Term Bonds are subject to mandatory sinking fund redemption and shall be
redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in
the principal amounts as follows:
Sinking Fund Installment Date Principal Amount
February 1,
2016 Term Bonds
2012 $23,000
2013 24,000
2014 25,000
2015 25,000
2016 (maturity) 26,000
2020 Term Bonds
2017 26,000
2018 27,000
2019 29,000
2020 (maturity) 30,000
The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All
prepayments will be at a price of par plus accrued interest.
The City Council has designated the issue of Certificates of which this Certificate forms a
part as “qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for
financial institutions and within the $30 million limit allowed by the Code for the calendar year
of issue.
365064v1 MNI CR100-13
8
This Certificate is one of an issue in the aggregate principal amount of $470,000 all of
like original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on March 11, 2010
(the “Resolution”), for the purpose of providing money to defray expenses incurred or to be
incurred in purchasing various items of capital equipment, pursuant to and in full conformity
with the home rule charter of the City and the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Sections 410.32 and 412.301, and the principal hereof and interest
hereon are payable primarily from ad valorem taxes, as set forth in the Resolution to which
reference is made for a full statement of rights and powers thereby conferred. The full faith and
credit of the City are irrevocably pledged for payment of this Certificate and the City Council has
obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event
of any deficiency, which taxes may be levied without limitation as to rate or amount.
As provided in the Resolution and subject to certain limitations set forth therein, this
Certificate is transferable upon the books of the City at the principal office of the Certificate
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
Certificate Registrar, duly executed by the registered owner or the owner’s attorney; and may
also be surrendered in exchange for Certificates of other authorized denominations. Upon such
transfer or exchange the City will cause a new Certificate or Certificates to be issued in the name
of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Certificate Registrar may deem and treat the person in whose name this
Certificate is registered as the absolute owner hereof, whether this Certificate is overdue or not,
for the purpose of receiving payment and for all other purposes, and neither the City nor the
Certificate Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws
of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Certificate in order to make it a valid and binding general obligation of the
City in accordance with its terms, have been done, do exist, have happened and have been
performed as so required, and that the issuance of this Certificate does not cause the indebtedness
of the City to exceed any constitutional, statutory or charter limitation of indebtedness.
This Certificate is not valid or obligatory for any purpose or entitled to any security or
benefit under the Resolution until the Certificate of Authentication hereon has been executed by
the Certificate Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Corcoran, Hennepin County, Minnesota, by its
City Council, has caused this Certificate to be executed on its behalf by the facsimile or manual
365064v1 MNI CR100-13
9
signatures of the Mayor and City Clerk-Treasurer and has caused this Certificate to be dated as
of the date set forth below.
Dated:
CITY OF CORCORAN, MINNESOTA
(Facsimile) (Facsimile)
City Clerk-Treasurer Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Certificates delivered pursuant to the Resolution mentioned within.
NORTHLAND TRUST SERVICES, INC.
By
Authorized Representative
____________________________________
The following abbreviations, when used in the inscription on the face of this Certificate,
will be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
Additional abbreviations may also be used though not in the above list.
____________________________________
365064v1 MNI CR100-13
10
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Certificate and all rights thereunder,
and does hereby irrevocably constitute and appoint _________________________ attorney to
transfer the said Certificate on the books kept for registration of the within Certificate, with full
power of substitution in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the
name as it appears upon the face of the within Certificate in every
particular, without alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion
Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program
(“MSP”) or other such “signature guarantee program” as may be determin4ed by the Registrar in
addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities
Exchange Act of 1934, as amended.
The Certificate Registrar will not effect transfer of this Certificate unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Certificate is held by joint account.)
Please insert social security or other
identifying number of assignee
365064v1 MNI CR100-13
11
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Certificate has been
registered on the books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Federal ID #___________
3.02. Approving Legal Opinion. The City Clerk-Treasurer is authorized and directed to
obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered,
Minneapolis, Minnesota, which will be complete except as to dating thereof and to cause the
opinion to be printed on or accompany on each Certificate.
Section 4. Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. The Certificates are payable from the General Obligation
Equipment Certificates of Indebtedness, Series 2010A Debt Service Fund (the “Debt Service
Fund”) hereby created, and the proceeds of the ad valorem taxes hereinafter levied described in
Section 4.02 are pledged to the Debt Service Fund. If a payment of principal or interest on the
Certificates becomes due when there is not sufficient money in the Debt Service Fund to pay the
same, the City Clerk-Treasurer will pay such principal or interest from the general fund of the
City, and the general fund may be reimbursed for those advances out of the proceeds of the taxes
levied by this resolution, when collected.
4.02. Pledge of Taxes. For the purpose of paying the principal of and interest on the
Certificates, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable
property in the City, which will be spread upon the tax rolls and collected with and as part of
other general taxes of the City. Such tax will be credited to the Debt Service Fund above
provided and will be in the years and amounts as follows (year stated being year of collection):
Year Levy
(See Exhibit B)
4.03. Certification to Taxpayer Services Division Manager of Hennepin County as to
Debt Service Fund Amount. It is determined that the estimated collection of the foregoing taxes
will produce at least five percent in excess of the amount needed to meet when due, the principal
and interest payments on the Certificates. The tax levy herein provided is irrepealable until all of
the Certificates are paid, provided that at the time the City makes its annual tax levies, the City
Clerk-Treasurer may certify to the Taxpayer Services Division Manager of Hennepin County the
365064v1 MNI CR100-13
12
amount available in the Debt Service Fund to pay principal and interest due during the ensuing
year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible
during such year by the amount so certified.
4.04. County Auditor Certificate as to Registration. The City Clerk-Treasurer is
authorized and directed to file a certified copy of this resolution with the Taxpayer Services
Division Manager and to obtain the certificate required by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Certificates, certified
copies of proceedings and records of the City relating to the Certificates and to the financial
condition and affairs of the City, and such other certificates, affidavits and transcripts as may be
required to show the facts within their knowledge or as shown by the books and records in their
custody and under their control, relating to the validity and marketability of the Certificates, and
such instruments, including any heretofore furnished, will be deemed representations of the City
as to the facts stated therein.
5.02. No Official Statement or Prospectus. It is determined that no official statement or
prospectus has been prepared or circulated by the City in connection with the sale of the
Certificates and that the Purchaser has made its own investigations concerning the City as set
forth in an investment letter of even date, receipt of which is hereby acknowledged.
5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Certificate proceeds allocable to the payment of issuance expenses (other than
amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to Northland Trust
Services, Inc. on the closing date for further distribution as directed by the City’s financial
adviser, Northland Securities, Inc.
Section 6. Tax Covenant.
6.01. Tax-Exempt Certificates. The City covenants and agrees with the holders from
time to time of the Certificates that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Certificates to become
subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the
Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it
will take or cause its officers, employees or agents to take, all affirmative action within its power
that may be necessary to ensure that such interest will not become subject to taxation under the
Code and applicable Treasury Regulations, as presently existing or as hereafter amended and
made applicable to the Certificates.
6.02. No Rebate Required. (a) The City will comply with requirements necessary
under the Code to establish and maintain the exclusion from gross income of the interest on the
Certificates under Section 103 of the Code, including without limitation requirements relating to
365064v1 MNI CR100-13
13
temporary periods for investments, limitations on amounts invested at a yield greater than the
yield on the Certificates, and the rebate of excess investment earnings to the United States, if the
Certificates (together with other obligations reasonably expected to be issued in calendar year
2010) exceed the small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt certificates (other than private activity certificates) issued by the City (and all
subordinate entities of the City) during the calendar year in which the Certificates are issued and
outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning
of Section 148(f)(4)(D) of the Code.
6.03. Not Private Activity Certificates. The City further covenants not to use the
proceeds of the Certificates or to cause or permit them or any of them to be used, in such a
manner as to cause the Certificates to be “private activity bonds” within the meaning of Sections
103 and 141 through 150 of the Code.
6.04. Qualified Tax-Exempt Obligations. In order to qualify the Certificates as
“qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City
makes the following factual statements and representations:
(a) the Certificates are not “private activity bonds” as defined in Section 141
of the Code;
(b) the City designates the Certificates as “qualified tax-exempt obligations”
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2010 will not exceed
$30,000,000; and
(d) not more than $30,000,000 of obligations issued by the City during
calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
365064v1 MNI CR100-13
14
Section 7. Continuing Disclosure.
7.01. No Requirement of Continuing Disclosure. Participating underwriters need not
comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”),
because the offering is in a principal amount less than $1,000,000. Consequently, the City will
not enter into any undertaking to provide continuing disclosure of any kind with respect to the
Certificates.
Section 8. Defeasance.
8.01. Pledges, Covenants, and Other Rights to Cease. When the all Certificates and all
interest thereon, have been discharged as provided in this section, all pledges, covenants and other
rights granted by this resolution to the holders of the Certificates will cease, except that the pledge
of the full faith and credit of the City for the prompt and full payment of the principal of and interest
on the Certificates will remain in full force and effect. The City may discharge all Certificates
which are due on any date by depositing with the Registrar on or before that date a sum sufficient
for the payment thereof in full. If any Certificate should not be paid when due, it may nevertheless
be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
365064v1 MNI CR100-13
15
VOTING AYE VOTING NAY
Guenthner, Ken Guenthner, Ken
Gmach, George Gmach, George
Hudok, Christopher Hudok, Christopher
Milbrandt, Rosalyn Milbrandt, Rosalyn
Thomas, Ron Thomas, Ron
Whereupon, said Resolution is hereby declared adopted on this 11 day of March 2010.
____________________________________
Ken Guenthner, Mayor
ATTEST:
_________________________________, City Seal
Daniel Donahue – City Administrator
11b ii
365064v1 MNI CR100-13
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF CORCORAN )
I, the undersigned, being the duly qualified and acting Clerk-Treasurer of the City of
Corcoran, Hennepin County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on Thursday, March 11, 2010 with the original minutes on file in my office and the extract
is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of
$470,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A of the City.
WITNESS My hand officially as such Clerk-Treasurer and the corporate seal of the City
this ______ day of _______________, 2010.
City Clerk-Treasurer
Corcoran, Minnesota
(SEAL)
365064v1 MNI CR100-13
STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER’S
CERTIFICATE AS TO
COUNTY OF HENNEPIN TAX LEVY AND
REGISTRATION
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a certified copy of a resolution adopted by the governing body of the City of
Corcoran, Minnesota, on March 11, 2010, levying taxes for the payment of $470,000 General
Obligation Equipment Certificates of Indebtedness, Series 2010A of said municipality dated
April 1, 2010, has been filed in my office and said Certificates have been entered on the register
of obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _____ day of _________________, 2010.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
365064v1 MNI CR100-13
EXHIBIT A
EQUIPMENT
Two squads (replace 550 & add one to fleet) $ 80,000
Records Management System (RMS) 25,000
Support & Protection Equipment 7,500
M-4 Rifle Project 25,000
One squad (replace 549) 35,000
Support & Protection Equipment 7,500
Bob Cat Trailer 10,000
Pickup Truck and Plow (Replaces 2005) 35,000
Tandem Truck (has been ordered) 160,000
Sweeper/Front Mount Mower 5,100
Pickup Truck (Replaces 2006) 30,000
Asphalt Roller 35,000
Client Computer Replacements 6,500
City Hall RMS (Laser Fische) 25,000
Client Computer Replacements 6,500
Server Upgrade (OS20003 – OS 2010) 20,000
Public Information Technology 25,000
IT Hardware 2,000
Fire Alarm System 9,000
A-1
365064v1 MNI CR100-13
EXHIBIT B
TAX LEVY SCHEDULE
YEAR * TAX LEVY
2011 $76,460.83
2012 64,625.40
2013 65,541.00
2014 64,307.25
2015 65,173.50
2016 63,890.40
2017 63,833.70
2018 65,794.05
2019 65,488.50
* Year tax levy collected.
B-1
$470,000.00 City of Corcoran, Minnesota
G.O. Equipment Certificates of Indebtedness, Series 2010A
Table of Contents
Report
Sources & Uses 1
Debt Service Schedule 2
G.O. Equip Certs 2010 Ter | SINGLE PURPOSE | 2/24/2010 | 10:00 AM
Northland Securities Inc.
Public Finance
Preliminary
$470,000.00 City of Corcoran, Minnesota
G.O. Equipment Certificates of Indebtedness, Series 2010A
Sources & Uses
Dated 04/01/2010 | Delivered 04/01/2010
Sources Of Funds
Par Amount of Bonds $470,000.00
Planned Issuer Equity contribution 93,451.00
Total Sources $563,451.00
Uses Of Funds
Costs of Issuance 13,900.00
Deposit to Project Construction Fund 549,100.00
Rounding Amount 451.00
Total Uses $563,451.00
G.O. Equip Certs 2010 Ter | SINGLE PURPOSE | 2/24/2010 | 10:00 AM
Northland Securities Inc.
Public Finance Page 1Page 1Page 1Page 1
Preliminary
$470,000.00 City of Corcoran, Minnesota
G.O. Equipment Certificates of Indebtedness, Series 2010A
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
04/01/2010 -----
02/01/2011 --12,262.50 12,262.50 12,262.50
08/01/2011 --7,357.50 7,357.50 -
02/01/2012 47,000.00 2.250%7,357.50 54,357.50 61,715.00
08/01/2012 --6,828.75 6,828.75 -
02/01/2013 48,000.00 2.250%6,828.75 54,828.75 61,657.50
08/01/2013 --6,288.75 6,288.75 -
02/01/2014 49,000.00 2.250%6,288.75 55,288.75 61,577.50
08/01/2014 --5,737.50 5,737.50 -
02/01/2015 50,000.00 2.250%5,737.50 55,737.50 61,475.00
08/01/2015 --5,175.00 5,175.00 -
02/01/2016 51,000.00 3.750%5,175.00 56,175.00 61,350.00
08/01/2016 --4,218.75 4,218.75 -
02/01/2017 53,000.00 3.750%4,218.75 57,218.75 61,437.50
08/01/2017 --3,225.00 3,225.00 -
02/01/2018 55,000.00 3.750%3,225.00 58,225.00 61,450.00
08/01/2018 --2,193.75 2,193.75 -
02/01/2019 57,000.00 3.750%2,193.75 59,193.75 61,387.50
08/01/2019 --1,125.00 1,125.00 -
02/01/2020 60,000.00 3.750%1,125.00 61,125.00 62,250.00
Total $470,000.00 - $96,562.50 $566,562.50 -
Date And Term Structure
Dated 4/01/2010
Delivery Date 4/01/2010
First Coupon Date 2/01/2011
First available call date 2/1/2015
Call Price 100.00%
Yield Statistics
Bond Year Dollars $2,835.67
Average Life 6.033 Years
Average Coupon 3.4052839%
Net Interest Cost (NIC)3.4052839%
True Interest Cost (TIC)3.3831751%
All Inclusive Cost (AIC)3.9461775%
IRS Form 8038
Net Interest Cost 3.4052839%
Weighted Average Maturity 6.033 Years
Bond Yield for Arbitrage Purposes 3.3831751%
G.O. Equip Certs 2010 Ter | SINGLE PURPOSE | 2/24/2010 | 10:00 AM
Northland Securities Inc.
Public Finance Page 2Page 2Page 2Page 2
City of CorcoranDebt Service by Bond/YearBOND2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020Bankwest 2006 (Certificate) 70,400$ 72,006$ 50,960$ 11,972$ Farmers 2006 (Certificate) 70,400$ 72,006$ 50,960$ 11,972$ Northland Trust 2008 (Certificate) 103,761$ 100,961$ 58,161$ 76,761$ 99,661$ 100,219$ 99,614$ 99,888$ Carroll County 2004 (PD Facility) 41,404$ 40,930$ 41,412$ 40,828$ 41,178$ 20,440$ Proposed 2010A (Certificate) 12,263$ 61,715$ 61,658$ 61,578$ 61,475$ 61,350$ 61,438$ 61,450$ 61,388$ 62,250$ Total Due 285,965$ 298,166$ 263,208$ 203,190$ 202,417$ 182,134$ 160,964$ 161,326$ 61,450$ 61,388$ 62,250$ * Must budget 5% of balance due each year for possible delinquencies (State requirement)YEAR
Agenda Memo – March 11, 2010
Page 1
To: Mayor and City Council
From: Dan Donahue, City Administrator
Regarding: Administrator Notes
4. Open Forum
5. Presentations. None
6. Planning Business / Landform. No planning business on this agenda.
a. Minutes of meeting *
7. Engineering / Wenck. No engineering business on this agenda.
8. Consent Agenda
a. Draft Minutes of 2/25/10 *
b. Approval of Agreement with Teamster 320 for 2010. This is the formal amendment to the existing
labor agreement between the city and Teamsters Local 320 (Police Labor Agreement). There was
a reopener for 2010 wages. The union met with my self and Council member Gmach recently on
the wage issue. Both sides agree that there would be no wage increase in 2010. Also, the
agreement stipulates that if any employee group receives a wage increase greater than .01%, the
police would receive the same.
c. Resolution 2010-08, Renewing Charitable Gambling Permit request by New Hope Lions. This is a
renewal application for activities at Mama G’s Bar. A past application was made in 2008. The
council approved a two year permit on March 13, 2008 which extends to May 31, 2010. This permit
application again is for two years and will allow the Lions to operate the Charitable Gambling
operation under state laws and requirements for the next two years.
d. Police - MDC Subscriber Agreement. See report.
i. Staff Report
ii. HC MDC User Agreement
9. Staff Reports / Memos
a. Police – Truck Safety Seminar. See report.
b. Board of Review, Information Update. In you packet is information from the county on the Board of
Review, who is currently trained as required by law (council members), and the date of the B of R
which is April 8, 2010, at 6 PM. No action is needed by the council but to reaffirm this date which
you have already approved. Also, St. Louis Park is going to hold a training session for Council
Members on being certified. The date is:
Registration for the St. Louis Park session – March 24, 2010.
Start Time: 6:00 PM Sharp
End Time: Approximately 9:00 PM
Agenda Memo – March 11, 2010
Page 2
Location:
St. Louis Park City Hall (3rd Floor – Council Chambers)
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
c. Finance and Audit Update. See my report
10. Unfinished Business
a. Approval of Cropland Lease Bid. The city received six sealed bids which were opened on 03-03-
10. The bidders submitted their bids for the 22 acres of city property south of city hall and for the 20
acres north of city hall. The requirements of the process were that the bids were to be submitted
separately for the two parcels and state the lease price per acres for that parcel in which they were
bidding. The bids ranged from $xx per acre to $xx per acre. See the enclosed bid sheet
breakdown. Highest bid and the greatest return to the city is that submitted by
b. Approval of Ordinance 2010-253-Amendments to 70.02, Weight Restrictions. At the last council
meeting, the council heard comments from a greenhouse business owner and had a question
about how the ordinance impacts garbage trucks. Both Pat Meister and Police Chief Sean Gormely
have talked to the greenhouse owner. The ordinance and its requirements exempt agricultural
based vehicles. The greenhouse owner is exempt under state law so the ordinance does not
impact him. On the garbage trucks, our ordinance adopts and references state law which allows
the trucks during weight restriction periods to run up to but not to exceed 7 tons per axel. We
therefore mirror what is in state statute. This reference is in 70.02c, last sentence “…, nor to
vehicles identified in Minnesota Statute, section 169.87, Subd. 2-6 …” I have included a copy of SS
169.87. In that statute in Subd.6 you will see Recycling and garbage truck vehicles. One last
comment. Staff is going to present to the council at the next meeting on March 25th information to
make one more amendment to our ordinances that is related to road restrictions. The committee
recommends that during the road weight restriction period, the city make allowances to the many
residents that use a commercial vehicle and keep it at their residence. Specifically, the
amendments applies to:
i. Residents of Corcoran
ii. Uses a commercial vehicle for work and parks it at his/her resident in Corcoran
iii. Truck must be registered to Corcoran home address and the resident
iv. Vehicle exceeds 4 tons per axel but no more than 5 tons (must run empty)
v. Obtain annual $250 permit per vehicle
Again, this will be on the agenda of March 25th.
c. Approval of Resolution 2010-06, Adopting Penalties for Administrative Offenses. At the last council
meeting, you approved two amendments to city ordinances (Dog ID Required and Unsafe
Operations of Vehicles). This resolution catches up to and amends the current administrative fines
for these two violations.
11. New Business
a. 2010 Dust Control Program. Staff would like to review this year’s program with the council. The
question is “do you want the city to run the program as it did last year”? The city for the last several
years put in $20,000 to the program and the rest was assessed. I you packet are several slides
which have been updated assuming the guidelines remain the same as last year.
Agenda Memo – March 11, 2010
Page 3
b. Resolution 2010-07, Approving Equipment Certificates. Paul Donna will be at the meeting to
present the proposed sale of the $470,000 CIP Certificates. You should review the spreadsheet
titled “Debt Service by Bond/Year”. That is a composite of all debt in place at this time and with this
new Certificate issue. You will see that this new bond sale will not significantly increase our debt
service for 2011 ($12,200) and goes down significantly in 2012. And, the full bond issue is being
purchased by our two local banks (Farmers State Bank of Hamel and Bank West) which saves us
around $6,000 in issuance costs.
12. Claims as Presented *
a. Escrow Claims (Fund #500)
b. Building Inspections Claims
c. All Other Claims As Presented
13. Unscheduled Items
14. Review of Upcoming Council Meeting Agenda
Planning 2/04/10 3/04/10 4/01/10 5/06/10 6/03/10
Guenthner Hudok Gmach Thomas Milbrandt
Minutes of
Meeting *
Parks & Trails 2/16/10 3/16/10 04/20/10 5/18/10 6/15/10
Milbrandt Gmach Thomas Hudok Guenthner
Minutes of
Meeting *
Other
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