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Home My WebLink About2009-09-23 CC Packet ~terviik ~1B57 CITY OF CENTERVILLE COUNCIL MEETING & CLOSED EXECUTIVE SESSION AGENDA Wednesday, September 23, 2009 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members ofthe public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up sheet and give it to the Mayor or a Staff person by 6:] 5 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. September 9, 2009 City Council Meeting Minutes (Page 1-5) V. CONSENT AGENDA 1. City of Centerville September 23, 2009 through September 4, 2009 Claims (Check #24761-24791) (Page 6) 2. Centennial Lakes Police Department Claims through September 10,2009 (Check #7429-7453) (Page 7) 3. Centennial Fire District Claims through September 8, 2009 (Check #3923- 3934) (Page 8) VI. A W ARDSIPRESENT A nONS/APPEARANCES 1. Mr. George Eilertson, Northland Securities - Bond Results VII. OLD BUSINESS VIII. NEW BUSINESS 1. Res. #09-0XX - Awarding the sale of $2,475,000 General Obligation (pages 9-33) 2. Res. #09-0XX - Interfund Loan - 21 st AvenuelBackage Road Improvements (Pages 34-35) 3. Speed Study CSAHI4 East of City Hall 4. Emergency Preparedness & Response Plan (HINI) (Pages 36-53) IX. ANNOUNCEMENTSIUPDATES 1. City Administrator, Dallas Larson 2. EDA Events (M. Capra) CLOSED EXECUTIVE SESSION 1. Labor Agreement X. ADJOURNMENT **REMINDERS** CSAH14 Ribbon Cutting - September 21, 2009, 3 :00 p.m. Peltier Lake Boat Launch Planning & Zoning Commission Meeting - October 6, 2009, 6:30 p,m. Council Chambers Parks & Recreation Committee Meeting - October 7, 2009, 6:30 p.m. Council Chambers City Council Meeting - October 14,2009,6:30 p.m. Council Chambers City Council Meeting - October 28, 2009, 6:30 p.m. Council Chambers CITY OF CENTERVILLE CITY COUNCIL MEETING September 9, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on September 9, 2009, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers ABSENT: Council Member Ben Fehrenbacher STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz Finance Director Mike Jeziorski I. CALL TO ORDER Mayor Capra called the September 9,2009, City Council Meeting to order at 6:32 p.m. II. PUBLIC HEARING None III. APPROVAL OF AGENDA Motion bv Council Member Paar. seconded bv Council Member Broussard Vickers. to approve the September 9. 2009. Citv Council Meetinl!: Al!:enda as with the addition of Pal!:e lOa bill Iistinl!:. to the consent al!:enda. All in favor. Motion carried unanimouslv. IV. APPROVAL OF MINUTES I. August 26. 2009. Council Meeting Minutes Mayor Capra made the following changes: Page 4 of 8, VI A wards and Appearances, eighth paragraph, delete words: "that issue" and insert the words: "segregation of duties issues." Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to approve the AUl!:ust 26. 2009. Citv Council Meetinl!: Minutes. as amended. All in favor. Motion carried unanimouslv. Page I of5 1 City of Centerville City Council Meeting September 9, 2009 2. September 2.2009. Council Meetinl! Work Session Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to aDDrove the SeDtember 2. 2009. City Council Meetine Work Session Minutes. as Dresented. All in favor. Motion carried unanimouslv. Council member Lee arrived at 6:37 p.m. V. CONSENT AGENDA Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to aDDrove the Consent Al!:enda as Dresented. All in favor. Motion carried unanimouslv. VI. A W ARDS/PRESENTATIONS/APPEARANCES - None VII. OLD BUSINESS- NONE VIII. NEW BUSINESS 1. Res. #09-023 - Resolution Authorizing Restructuring of Interest Rate and Payments Associated with Purchase of 2085 Cedar Street. Motion bv Council Member Lee. seconded bv Council Member Paar. to aDnrove Res. #09-023. Motion carried unanimouslv. 2. Res. #09-024 - Resolution Authorizinl! Restructurinl! of Interest Rate and Pavments Associated with Purchase of 1601 LaMotte Drive. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee. to aDDrove Res. #09-024. Motion carried unanimouslv. 3. Authorize release of grant from Minnesota Department of Emplovment and Economic Development (DEEm. It was reported at the September 2, 2009, work session that the City will be unable to meet the conditions of the DEED Grant and that the agency will cancel its approval if the City hasn't started the infrastructure that the grant would finance. It is clear that Beard Group, due to market conditions, is not able to commit to constructing the buildings in Block 8, therefore the City could not meet the grant conditions for the project. It was recommended that the City release the grant, rather than allow DEED to cancel the grant. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to authorize the mayor to notify DEED that the City is releasinl!: the !!:rant. Motion carried unanimouslv. Page 2 of 5 2 City of Centerville City Council Meeting September 9, 2009 4. Recommendation of Plannim! and Zoning Commission that the Council adopt Ordinance #32. Second Series. amending the City Code. ChaDter 156. allowing metal roofing materials on residential structures. The Planning and Zoning Commission following public hearing submitted a recommendation that a code amendment be approved to allow metal roofing materials to be used on residential structures subject to conditions that the materials have factory color coatings, that they have concealed fasteners and that they meet Class IV hail standards. A draft ordinance has been prepared for council action which implements the modifications to the code and which allows publication of the ordinance by summary. Motion bv Council Member Paar. seconded bv Council Member Broussard Vickers. to adopt Ordinance #32. Second Series. includinl!: summarY publication. Motion carried unanimouslv. 5. ADDroval of 20 I 0 Budget for Centennial Lakes Police DeDartment. The Governing Board of the joint police department has recommended approval of the budget for the Centennial Lakes Police Department. The budget is about 8% below what was approved in 2008 for the 2009 budget. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers. to adopt aporove the 2010 Budllet for the Centennial Lakes Police Deoartment. Motion carried unanimously. 6. ADDroval of 20 1 0 Budget for Centennial Fire District. The Steering Committee of the Centennial Fire District has recommended approval of the budget for the Fire Department. The budget is about the same as was approved for the 2009 budget. It was reported that the budget assumes that new fees will be charged for services of the department. Those include some additional fees for license inspections, fees for use of facilities, fees for vehicle fires, etc. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to adopt aoorove the 2010 Budllet for the Centennial Lakes Police Deoartment. Motion carried unanimously. 7. 2009 Street Sealing and Maintenance. Fahrner Asohalt ($3.825), Public Works Director Paul Palzer has recommended that the Council authorize crack sealing of streets this year rather than doing them in 2010. The estimated cost of the work is $3,825. Council members expressed concern that we do all of the streets that need this work so the City doesn't have to pay another mobilization fee to have them back next year, and that the Council did not want to spend money on Center Street that is proposed for reconstruction if that would be money wasted. Page 3 of 5 3 City of Centerville City Council Meeting September 9, 2009 Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee. to authorize un to $5000 for crack sealin!! bv Fahrner Asnhalt. Motion carried unanimously. 8. ProDosed 2010 Budget and Levv Finance Director Mike Jeziorski reviewed the proposed budget for 2010 as modified subsequent to the work session on September 2, 2009. The proposed budget as presented was for $2,246,420, compared to $2,244,470 for 2009, with a 2010 total tax levy of $2,316,537, compared to $2,043,820 for 2009. A memo from Council member Fehrenbacher was presented in which he discouraged including levying back the unallotments which was included to fund capital expenses for streets. Council member Paar indicated that he agreed with Fehrenbacher and asked that the levy be kept as low as possible. Mayor Capra recommended that the Council not levy back the unallotments, but instead levy the additional approximately $59,000 to levy at the maximum limited levy. This will give the city more flexibility in future years. Council member Broussard Vickers suggested that the Council include the unallotments in order to fund the capital expenses for streets, indicating that the street improvements and repairs have not been adequately funded in the budget for the past several years. Council member Lee also expressed concern that the street reconstruction and maintenance is falling behind the Pavement Management Plan and that it will be increasingly more difficult to catch up. Mayor Capra recommended that the council accept her proposal as a compromise and that the Council could still determine to lower the levy in December. That would provide a General Fund levy of$1,761,561 and a levy of $505,100 for bonds. Motion bv Council Member Paar. seconded bv Council Member Lee. to annrove Res. #09-025 -annrovin!! a nreliminary bud!!et and levy. Motion carried (4-1) Council member Broussard Vickers onnosed. 9. ProDosed reSDonse to State Auditor ReDort. Staff presented a proposed letter to respond to the State Auditor Report on the petitioned audit. The draft has been modified by the City Attorney as it relates to keeping of minutes. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee. to approve the amended letter respondin!! to the State Auditor Report. Motion carried unanimously. IX. ANNOUNCEMENTSIUPDATES Page 4 of 5 4 City of Centerville City Council Meeting September 9, 2009 I. City Administrator. Dallas Larson City Administrator Larson reported that the agreement with Waste Management is up at the end of the year. The agreement allows optional one-year extensions at the City's option. Council indicated a willingness to extend the agreement, providing a rate reduction is included. The Council also indicated that it would consider dropping the requirement for yard waste pickup in order to further reduce the cost, since a yard-waste drop off is located nearby. City Administrator Larson reported that property owners along Sorel Street are asking for the street to be paved again. The pavement was removed about three years ago to install utilities. It was expected that the downtown redevelopment would proceed and that the street would be improved as part of that project. Redevelopment is now uncertain. The Council suggested that the street be graded and rock be added if necessary to get through to next year and it will be considered further at that time. City Administrator Larson reported that he plans to have the city hall sign repaired since the plastic sign faces were damaged by hail. He reported that the Pandemic Plan will be placed on the next agenda for discussion. X. ADJOURNMENT Motion bv Council Member Paar. seconded bv Council Member Lee to adiourn the Sentember 9. 2009. City Council meetin!!:. All in favor. Motion carried unanimously, Mayor Capra adjourned the meeting at 8:25 p.m. Transcribed by: Dallas Larson, City Administrator Page 5 of5 5 6~t,:,~~f~~ CITY OF CENTERVILLE 09/18/097:41 AM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 024761 MINN. DEPT. OF HEALTH Paid Chk# 024762 AFLAC Paid Chk# 024763 ANDERSON. ALLEN Paid Chk# 024764 ANOKA COUNTY HIGHWAY Paid Chk# 024765 AVLIC Paid Chk# 024766 BROCK WHITE COMPANY Paid Chk# 024767 BURMEISTER. GREG Paid Chk# 024768 BURNETT TITLE Paid Chk# 024769 CHOICEPOINT SERVICES INC. Paid Chk# 024770 CITY OF ST. PAUL Paid Chk# 024771 CORNER EXPRESS Paid Chk# 024772 HAWKINS WATER TREATMENT Paid Chk# 024773 HEALTH PARTNERS Paid Chk# 024774 KJOLHAUG ENVIRONMENTAL Paid Chk# 024775 LEE HOMES. INC. Paid Chk# 024776 LOVE, DARION Paid Chk# 024777 MCPHERSON. JOEL Paid Chk# 024778 MENARDS - FOREST LAKE Paid Chk# 024779 MET. COUNCIL ENV. SERVo Paid Chk# 024780 MINNESOTA REVENUE Paid Chk# 024781 MN SECRETARY OF STATE- Paid Chk# 024782 NATIONWIDE RETIREMENT Paid Chk# 024783 NORTHERN TOOL & EQUIP. Paid Chk# 024764 NORTHLAND SECURITIES Paid Chk# 024785 PC SOLUTIONS. INC. Paid Chk# 024786 QWEST Paid Chk# 024787 SECURITY CONTROL Paid Chk# 024788 SEH Paid Chk# 024789 TIME SAVER Paid Chk# 024790 VIKING INDUSTRIAL CENTER Paid Chk# 024791 XCEL ENERGY Paid Chk# Bi-WEEKL Y ACH Paid Chk# BI-WEEKL Y ACH Check Date SEPTEMBER 2009 Check Amt 9/11/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9123/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 9/23/2009 913/2009 9/17/2009 Total Checks $32.00 R. CHASE - WATER SUPPY SYSTEM $161.00 T. BENDER & K. STEPHAN AFLAC I $407.93 CLOTHING ALLOWANCE REIMBURSEME $700.00 CSAH 14 SIGNAGE - PRIOR TO BRI $25.00 DEF COMP W/H PAY PERIOD 19 $95.65 SILICONE - STREETS $82.89 MilEAGE REIMBURSEMENT - 8-31-0 $5.158.56 OVER PYMT 2009 STR. ASSES. $32.00 DRUG TEST $264.28 ASPHALT $821.05 FUEL AUG - 09 & JULY 09 $1,337.66 CHEMICALS $3.974.52 OCTOBER 2009 HEALTH INS. $75.00 PROF. SERV - 2008-067 CENTERVI $5,000.00 1625 WIDGOEN CIRCLE - 07-004- $40.00 P & Z MEETINGS 5-5 & 6-2-09 CK $76.45 MILEAGE REIMBURSEMENT - 8-31 T $65.61 SUPPLIES $14.665.91 OCT. 2009 WASTEWATER SERVICE $268.38 MINN. WAGE LEVY PAYMENT - XXX- $80.00 T. BENDER - NOTARY - RENEWAL $686.31 DEF COMP W/H FOR PAY PERIOD 19 $29.97 SKOVEL - TURF TIRE $426.05 AGENT FEES - GEN OBLG IMPR. BO $144.97 WIRELESS ROUTER - CABLE $56.15 651-429-<>579 - SERV THRU 9-30 $256.50 BASIC MONITORING FEE - 12 MONT $122.50 CENTERVILLElDATAViEW IMPLEMENT $220.00 8-26-09 CITY COUNCIL MEETING $26.10 NATURALLY TUFF ORANGE CLEANER $4,666.62 1875 FOX RUN - PUMP - SERV THR $20,846.77 PAY PERIOD 18 18.758.34 PAY PERIOD 19 $79,604.17 VOIDED CHECK #24553 DATED 7-8-09 - REISSUED CHECK #24776. NOTE: THERE WILL BE AN UPDA TED LIST OF DISBURSEMENTS FOR APPROVAL ON 9-23-09. )7 \9d; ~ /j ;)~ ?>? cr), 4. <~/} ;)~ 7\ "<-. ,I\,) ';'~''''.&j:~.'\ GJ (r'h zY<., 1\) ,r.,"\j,0>.6i!,i~., 0"J (,h ~ ~.. 'V 1i-S'S0.'1b LV ~ '-L 'V <C'j l"i\.I b ~g;D:~ -- ~;} ... 6 CENTENNIAL LAKES POLICE DEPT Check Register - POLICE GL Page: 1 Check Issue Dates: 9/1/2009 - 9/1012009 Sep 10, 2009 01:01PM Report Criterta: Report type: Summary GL Check Check Number Description Check Period Issue Date Payee Amount 09/09 09/0212009 7429 RON NELSON SPRING/FALL 09 TUITION REIM 1,382.56 M 09/09 0911012009 7430 AMERICAN MESSAGING SEPT PAGER SERV 42.19 09/09 09/1012009 7431 ANOKA COUNTY AUG INTERNET ACCESS 55913 UII/09 0911012009 7432 CMI, INC. MOUTHPIECES 66.13 09/09 09/10/2009 7433 CP TELCOM PHONES/LONG DIST 352.60 09109 09/1012009 7434 CENTENNIAL UTILITIES AUG UTILITIES 274.52 09/09 0911012009 7435 COVERAll. OF TWIN CITI SEPT CLEANING SERVICE 796.22 09/09 09/1012009 7438 DELL MARKETING LP. INK CARTRIDGES 130.68 09/09 09/1012009 7437 DELTA DENTAL OCT DENTAL INS 880.35 09/09 09/1012009 7438 DEPUTY REGISTRAR #15 TABS 04. PLATES UNMARKED 40.50 09/09 09/10/2009 7439 DON'S CIRCLE SERVICE, VEH REPAIRS & MTC 816.78 09/09 09/1012009 7440 HEALTH PARTNERS OCT HEALTH INS 9,360.10 09/09 09/1012009 7441 HENNEPIN TECHNICAL C TRAINING MAKELA 185.00 09/09 09/10/2009 7442 BILL JACOBSQN..JR FUEL REIMB 21.58 09109 09/1012009 7443 LEAGUE OF MN CITIES DATA PRACTICES TRAINING 30.00 09/09 09/1012009 7444 METRO SALES, INC PHOTOCONDUCTOR 332.52 09/09 09/1012009 7445 MCAA TRAINING CL 105.00 09/09 09/10/;1009 7446 OFFICE MAX CONTRACT TONER/SUPPLIES 209.88 09/09 09/1 0/2009 7447 O'REILLY AUTOMOTIVE, I FUSES 21.40 09/09 09/1012009 7448 QWEST CENTERVlLLE PH 167.10 09/09 09/10/2009 7449 SHRED RIGHT, INC SHREDDING 57.00 09109 09/1012009 7450 SPEEDWAY SUPERAME AUGUST FUEL 3,415.29 09/09 09/1012009 7451 TELECIDE PRODUCTION COMPUTER MTC 1,321.29 09/09 09/1012009 7452 UNIFORMS UNLIMITED, I UNIFORM 1,253.15 09109 09/1012009 7453 UNICARE LIFE & HEALTH OCT LIFE/DISABILITY INS 112.70 Grand Totals: 22,013.67 M = Manual Check, V = Void Check 7 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA HELD: September 23, 2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Centerville, Minnesota was duly called and held at the City Hall in said City on the 23rd day of September, 2009, at 6:30 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: CITY OF CENTERVILLE, MINNESOTA RESOLUTION NO. 09- RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $2,475,000 GENERAL OBLIGATION IMPROVEMENT CROSSOVER REFUNDING BONDS, SERIES 2009B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF CERTAIN REVENUES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE (the "City") AS FOLLOWS: A. WHEREAS, the City has heretofore issued its $2,700,000 General Obligation Bonds, Series 2006A, dated September 1, 2006 (the "2006 Bonds"), pursuant to a resolution dated August 9, 2006 (the "2006 Bond Resolution"); and B. WHEREAS, the 2006 Bonds were issued pursuant to Minnesota Statutes, Chapters 429 and 475 to fmance the construction of certain public improvements in the City (the "Project"); and C. WHEREAS, the City hereby determines and declares that it is necessary and desirable to issue its $2,475,000 General Obligation Improvement Crossover Refunding Bonds, Series 2009B (the "Bonds") pursuant to Minnesota Statutes, Chapter 475, to provide funds to refund in advance of maturity the 2006 Bonds maturing in the years 2011 through 2022; and 9 F. WHEREAS, the advance refunding of the 2006 Bonds is consistent with the covenants made with the bondholders thereof and will reduce the debt service cost to the City; and G. WHEREAS, WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis, Minnesota ("Northland"), as its independent fInancial advisor for the Bonds and is therefore authorized to conduct a public sale of the Bonds in accordance with Minnesota Statutes, Section 475.60. NOW, THEREFORE, BE IT RESOLVED by the Council of the City as follows: I. Sale of Bonds: Purpose. 1.01. The proposal of the Purchaser to purchase the Bonds (or individually, a "Bond") in accordance with the terms established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to the date of delivery of the Bonds, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said Purchaser. 1.02. The Bonds shall be titled "General Obligation Improvement Crossover Refunding Bonds, Series 2009B", shall be dated October I, 2009, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The City assumes no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any CUSIP numbers printed thereon. The City will permit such numbers to be printed on the Bonds at the expense of the Purchaser, provided; that the City shall not be responsible for any delay in delivery of the Bonds occasioned thereby. The Bonds shall be numbered from R-I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February I in the years and amounts as follows: Year Amount Year Amount 2011 $145,000 2015 $190,000 2012 $175,000 2016 $195,000 2013 $180,000 2017 $215,000 2014 $180,000 2018 $1,195,000 1.03. The Bonds shall provide funds to fInance the advance refunding of the outstanding 2006 Bonds. It is hereby found, determined and declared that the refunding of the 2006 Bonds is pursuant to Minnesota Statutes, Section 475.67, is consistent with the covenants made to the Bondholder thereof, shall result in a reduction of debt service cost to the City, and satisfIes the debt service test contained in Minnesota Statute, Section 475.67, subd. 12. 1.04. The Bonds shall bear interest payable semiannually on February I and August 1, of each year (each, an "Interest Payment Date") commencing on August I, 2010, calculated on 2 10 the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the Municipal Securities Rulemaking Board, at the respective rates per annum set forth opposite the maturity years as follows: Year Rate Year Rate 2011 - % 2015 - % 2012 _% 2016 % 2013 _% 2017 % 2014 % 2018 % Net Interest Cost: % - Section 2. Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, or any of its successors or its successors to its functions hereunder (the "Depository"), will act as securities depository for the Bonds, and to this end: (a) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under Section 6, Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (b) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of Cede & Co., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (c) With respect to the Bonds, neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository, (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. 3 11 (d) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purposes whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder or the Holders of the Bonds as shown on the Bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (e) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in Section 6 hereof, references to the Nominee hereunder shall refer to such new Nominee. (f) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (g) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (h) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or the Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of special record date not less than 25 calendar days in advance of such special record date to the extent possible. (i) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. G) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bond for a Bond of a lesser denomination as provided in Section 6 hereof, make 4 12 a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. Section 3. Termination of Book-Entry Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (a) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (b) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository willing to undertake the functions of the depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bonds that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with Section 6 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with Section 6 hereof, the Bonds will be delivered to the Beneficial Owners. (c) Nothing in this Section 3 shall limit or restrict the provisions of Section 6 hereof. The Clerk-Treasurer is authorized and directed to execute in the name of the City the Letter of Representations in substantially the form on file in the office of the City. In the event of the disability or the resignation or other absence of the Clerk-Treasurer of the City, such other officer of the City who may act in his or her behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled official. The provisions in the Letter of Representations are incorporated herein by reference and made a part of this Resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this Resolution, the provisions in the Letter of Representations shall control. Section 4. RedemDtion. 4.01. At the option of the City, Bonds maturing on or after February 1,2016, shall each be subject to call and prior payment on February 1, 2015, or on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturity and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar, as herein defined. 5 13 (To be used if Term Bonds are included) 4.02. Bonds maturing in the year(s) are subject to mandatory redemption on February I in the years and principal amounts as follows: Mandatorv Redemption Schedule Term Bonds Due 20 Term Bonds Due 20 Redemption (F ebruarv 1) Amount Redemption (February 1) Amount or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The City may, at its option, to be exercised on or before the thirtieth day preceding any mandatory redemption date specified above deliver to the Registrar written notice which shall (a) specify a principal amount of Term Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Registrar and not theretofore applied as a credit against any redemption of Term Bonds pursuant to the above Mandatory Redemption Schedule, and (b) instruct the Registrar to apply the principal amount of such Term Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule. Each such Term Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Registrar in the order directed by the Authority at succeeding and future principal installments to be prepaid pursuant to the Mandatory Redemption Schedule. 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 5. Registration and Payment. 5.01. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 5.02. Each Bond shall be dated as ofthe last interest payment date preceding the date of authentication to which interest on the Bond 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 such Bond shall 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 such bond shall be dated as of the date of original issue. The interest on the Bonds shall be payable to the 6 14 owner of record thereof as of the close of business on the fifteenth day of the month preceding the interest payment date, whether or not such day is a business day. Section 6. Registration. The City appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as bond registrar and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re~ister. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of the Bonds and the registration of transfers or exchanges of the Bonds. (b) Transfer of Bonds. Upon surrender for transfer of the Bonds duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Bond of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may 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) Cancellation. The Bonds surrendered upon any transfer shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (d) ImDroDer 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 oftransfer is valid and genuine and the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person(s) in whose name(s) the Bonds are at any time registered in the bond register as the absolute owners of the Bonds, whether the Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of or interest on such Bonds and for all other purposes, and all such payments so made to any such registered owners or upon the owners' order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bonds to the extent of the sum or sums so paid. (f) Taxes. Fees and Charges. For every transfer or exchange of Bonds, 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. (g) Mutilated. Lost. Stolen or Destroved Bonds. In case any Bond shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Bond of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Bond or in lieu of and in substitution for such Bond lost, stolen, or destroyed, upon the payment 7 15 of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen, or destroyed 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. (h) RedemDtion. In the event the Bonds are called for redemption, if applicable, notice thereof will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not less than 30 days prior to the date fixed for redemption to the registered owner of the Bonds to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of the Bonds. The Bonds when 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 Registrar at the place of payment at the time. Section 7. Execution. Authentication and Deliverv. The Bonds shall be prepared under the direction of the Clerk of the City and shall be executed on behalf of the City by the manual signatures, or facsimile thereof, of its Mayor and the Clerk. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Bonds shall 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 such Bonds has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of Authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on the Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bond has been so executed and authenticated, it shall be delivered by the Clerk or Registrar to the Purchaser thereof upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 8. TemDorarv Bonds. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth in Section 9, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. Section 9. Form of Bond. 8 16 9.01. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 9 17 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE No.R- GENERAL OBLIGATION IMPROVEMENT CROSSOVER REFUNDING BONDS, SERIES 2009B Rate Maturity Date of Original Issue October I, 2009 Registered Owner: Principal Sum: KNOW ALL PERSONS BY THESE PRESENTS that the City of CenterviIIe, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City") acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner set forth above, or registered assigns, the principal sum set forth above on the maturity date specified above, and to pay interest thereon from the date hereof at the annual rate specified above, payable February I and August I of each year (each, an "Interest Payment Date") commencing August I, 20 I 0, (calculated on the basis of a 360-day year of twelve 30-day months and rounded pursuant to the rules of the Municipal Securities Rulemaking Board) to the person in whose name this bond is registered at the close of business on the 15th 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, Registrar and Paying 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 fulI faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. (So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.)" " Include only until termination of the book-entry only system. 10 18 4.01. At the option of the City, Bonds maturing on or after February I, 2016, shall each be subject to call and prior payment on February 1,2015, or on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturity and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar, as herein defined. (To be used if Term Bonds are included) Bonds maturing in the year( s) are subject to mandatory redemption on February I in the years and principal amounts as follows: Mandatory Redemption Schedule Term Bonds Due 20 Term Bonds Due 20 Redemption (February 1) Amount Redemption (February 1) Amount or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The City may, at its option, to be exercised on or before the thirtieth day preceding any mandatory redemption date specified above deliver to the Registrar written notice which shall (a) specify a principal amount of Term Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Registrar and not theretofore applied as a credit against any redemption of Term Bonds pursuant to the above Mandatory Redemption Schedule, and (b) instruct the Registrar to apply the principal amount of such Term Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule. Each such Term Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Registrar in the order directed by the Authority at succeeding and future principal installments to be prepaid pursuant to the Mandatory Redemption Schedule. 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 of the City has designated the Bonds 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 limitation allowed by the Code for the calendar year of issue. 11 19 This bond is one of an issue in the aggregate principal amount of $2,475,000 all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council of the City on September 23, 2009 (the "Resolution"), for the purpose providing funds to finance the advance refunding of the City's General Obligation Improvement Bonds, Series 2006A, which bonds were issued to provide funds to finance the construction of certain public improvements in the City. Pursuant to the Resolution, the City has pledged to the payment of this Bond the proceeds of public improvement special assessments. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itselfto levy ad valorem taxes on all taxable property in the City in the event of any deficiency in revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered bonds in Authorized Denominations (as defined in the Resolution described above). 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 Bond 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 Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. This Bond 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 Bond Registrar by manual signature of one of its authorized representatives. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Bond have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Bond, together with all other 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 thereon. IN WITNESS WHEREOF, the City of Centerville, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed by the manual signatures, or facsimiles thereof, of the Mayor and the Clerk and has caused this Bond to be dated October I, 2009. 12 20 CERTIFICATE OF AUTHENTICATION This is one of the bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. By: Authorized Representative (Form of certificate to be printed on each Bond, following a full copy of the legal opinion.) It is certified that the original opinion, of which the foregoing is a true and correct copy, is on file in the office of the Bond Registrar, Northland Trust Services, Inc., Minneapolis, Minnesota, and is dated as of the date of delivery of the Bonds and payment therefor by the original purchaser. Clerk 14 22 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: UTMA -- (Cust) TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common as custodian for (Minor) Uniform Transfers to Minors Act under the (State) 15 23 ASSIGNMENT FOR VALUE RECEIVED, ("Transferor"), the undersigned, hereby sells, assigns and transfers unto (Social Security or Federal Employer Identification No. ) the within Bond and all rights thereunder, and hereby irrevocably constitute and appoints ("Transferee") as attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises; provided, however, that if any default with respect to the Bond shall have occurred to or to the date of this transfer, the within Bond shall not be registered and the Transferee shall be entitled to receive payment with respect to the within Bond upon presentation thereof as assignee of the Transferor. Date: NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature( s) to this assignment correspond(s) with the name(s) as it (they) appear(s) upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee should be supplied. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company or any other "Eligible Guarantor Institution" as defined in 17 CFR240.I7 Ad-IS (a) (2) 16 24 9.02. The Clerk-Treasurer of the City shall obtain a copy of the proposed approving legal opinion of Bradley & Deike, P .A., Edina, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City's offices. Section 10. Funds and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Crossover Refunding Bonds, Series 2009B Fund" (the "Fund") to be administered and maintained by the City Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Escrow Account" and "Debt Service Account" respectively. $ of the proceeds of the sale of the Bonds are hereby pledged and appropriated and shall be credited to the Escrow Account. 10.01 Escrow Account. The Escrow Account shall be deposited in escrow with Northland Trust Services, Inc. (the "Escrow Agent") in Minneapolis, Minnesota, a suitable banking institution within the State of Minnesota, whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay the principal amount of each of the 2006 Bonds being advanced refunded pursuant to this Resolution at maturity or on the date on which it has been called for redemption and to pay any premium required for redemption on such date, and the monies in said Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in said Escrow Account after payment in full of the 2006 Bonds may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement"), between the City and Escrow Agent, a form of which agreement will be on file in the office of the City Clerk. 10.02. Debt Service Account. There shall be maintained a Debt Service Account to be designated the "Debt Service Account". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the Debt Service Account: (1) any proceeds of the Bonds not used to pay the City's costs of constructing the Project or to pay the cost of issuance of the Bonds; (2) special assessment payments pledged to the payment of the Bonds pursuant to Section 12 hereof; and (3) general fund moneys and tax levy receipts in each year sufficient to pay the debt service due on the Bonds in each year. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds until such Bonds are paid in full. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above, in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds, or 17 25 $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Escrow Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). Section 11. 2006 Bonds: Security. Until retirement of the 2006 Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. Section 12. Pledge ofSoecial Assessments. Pursuant to Minnesota Statutes, Chapter 429, the City covenanted to and did levy special assessments against property benefited by the improvements constructed with the 2006 Bonds. The City reaffirms such covenants contained in the 2006 Bonds Resolution with respect to the payment of the Bonds. Section 13. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this Resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient forthe payment thereof in full with interest accrued to the date of such deposit. If applicable, the City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice ofredemption as herein required has been duly provided for, to such earlier redemption date. Section 14. General Obligation Pledfi!:e: Tax Levv. (a) For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. The 18 26 City estimates that the revenues pledged in Section 12 of this Resolution will generate revenues in the amount of at least 105% of the amounts necessary to pay principal and interest on the Bonds in each year. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed interest from the Debt Service Account when a sufficient balance is available therein. B. Tax Levv: Coverage Test: Cancellation of Certain Tax Levies. To provide moneys for payment of the principal of and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levv Year of Tax Collection Amount See attached Exhibit B The tax levies are such that if collected in full they, together with the Assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided, that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Section 15. Redemption of 2006 Bonds. The 2006 Bonds, refunded hereunder which mature in 2011 and thereafter shall be redeemed and prepaid on March 1,2010, in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. Said Notice of Call for Redemption for the 2006 Bonds shall be mailed not less than 30 days prior to the date of redemption to the registered owner of each 2006 Bond at the address shown on the registration books kept by the registrar for the 2006 Bonds. Section 16. Escrow Agreement. On or prior to the delivery date of the Bonds the Mayor and Clerk are hereby authorized and directed to execute on behalf of the City an escrow agreement. All essential terms and conditions of such Escrow Agreement are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 19 27 Section 17. Securities. The Clerk or anyone designated by the Clerk, is hereby authorized and directed to purchase the appropriate United States Treasury Securities, State and Local Government Series, from the proceeds of the bonds in accordance with the provisions of this resolution and to execute all such documents required to effect such purchase in accordance with United States Treasury Regulations. Securities purchased from the monies in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, section 475.67, subd. 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable bank to act as escrow agent, and is qualified within the meaning of Minnesota Statutes, section 475.67, subd. 5. Section 18. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to Bradley & Deike, P. A., Bond Counsel, certified copies of all proceedings and records of the City, 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 under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Issuer as to the facts recited therein. Section 19. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's Certificate that the bonds have been entered in the County Auditor's Bond Register. Section 20. Tax Covenants. 20.01. The City covenants and agrees with the holders 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 which would cause the interest on the Bonds 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 Bonds. 20.02. (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 Bonds under Section 103 of the Code, including, without limitation, requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2009) exceed the small-issuer exception amount of $5,000,000. 20 28 (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 the tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. The 2006 Bonds were issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds. 20.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Section 103 and 141 through 150 of the Code. 20.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City makes the foIlowing factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations which wiIl be issued by the City (and all subordinate entities of the City) during calendar year 2009 wiIl not exceed $30,000,000; and (d) not more than $30,000,000 of obligations issued by the City during calendar year 2009 have been designated for purposes of Section 265(b )(3) of the Code. 20.05. The City furthermore makes the foIlowing findings: (a) each of the Bonds being refunded pursuant to this Resolution was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (b) the average maturity of the Bonds does not exceed the average maturity of the bonds being refunded pursuant to this Resolution; and (c) no part of the Bonds has a maturity date which is later than the date which is thirty (30) years after the date the 2006 Bonds were issued. 20.06. 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. 21 29 Section 20. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of bond proceeds allocable to the payment of issuance expenses to Northland Trust Serves, Inc., on the closing date for further distribution as directed by the City. Section 21. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of anyone or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. Section 22. Headings. Headings in this Resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provisions hereof. The motion for the adoption of the foregoing resolution was duIy seconded by council member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duIy passed and adopted. 22 30 STATE OF MINNESOTA) COUNTY OF ANOKA ) SS CITY OF CENTERVILLE ) I, the undersigned, being the duly qualified and acting Clerk of the City of Centerville, Minnesota, hereby certify that I have carefully compared and attached the foregoing extract of minutes of a meeting of the City Council of said City held September 23, 2009, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the considering of proposals for and awarding the sale of $2,475,000 General Obligation Improvement Crossover Refunding Bonds, Series 2009B, of said City. WITNESS my hand this _ day of ,2009. Clerk 31 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A CITY OF CENTERVILLE, ANOKA, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Centerville, Anoka County, Minnesota, there has been called for redemption and prepayment on March 1,2010 the outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2006A, originally dated September I, 2006, having stated maturity dates in the years 2011 through 2022, and totaling $2,420,000 in outstanding principal amount. The bonds are being called at a price of par plus accrued interest to March I, 20 I 0, on which date all interest on said bonds will cease to accrue. The Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, at 60 Livingston Avenue MAIL CODE EP-MN-WS3C, St. Paul, Minnesota 55107, on or before March 1,2010. DATED: September 23,2009. BY ORDER OF THE CITY COUNCIL Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identification is not properly certified. Additional information may be obtained from: Northland Securities Inc 45 South 7th Street, Suite 2500 Minneapolis, MN. 55402 Direct: 612-851-5950, General: 612-851-5900 Toll Free: 1-800-851-2920, Fax Number: 612 851-5918 32 COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #09-0_ A RESOLUTION AUTHORIZING A LOAN BETWEEN FUNDS WHEREAS, the City purchased certain property at a cost of $650,000 in conjunction with the 21st Avenue/Backage Road Improvement, and WHEREAS, the portion of such property used for construction of the improvement and related drainage structures and wetlands was determined to be $289,560, and WHEREAS, the portion of the property that is determined to be excess property not required for the road improvement is valued at $360,440. WHEREAS, it would be cost effective and efficient to provide the temporary financing from available fund balances in order to carry the cost of this property until it can be sold. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: 1) The City Council hereby authorizes a loan in the amount of $360,440 from the Sanitary Sewer fund to debt service fund number 348, (2006A G.O. Improvement Bonds). 2) Such loan to Fund Number 348 shall be repaid upon the sale of the excess property that is being financed. 3) Such loan shall bear interest at a rate of 1.5% annual interest to be charged from the date of the transfer until repaid. A payment/interest schedule is attached as Exhibit A. 4) The City Council hereby authorizes a permanent transfer of funds in the amount of $360,440 from Debt Service Fund Number 348, 2006A G.O. Improvement Bonds to Fund Number 449, 2006 Municipal Improvement Fund to reimburse for the excess cost paid from the construction fund. Adopted by the City Council this 23rd day of September, 2009. Mary Capra, Mayor Attest: Teresa Bender, City Clerk Page 1 of I 34 City of Centerville Purchase of Backage Road Properly Fund 348 to Pay 602 Loan :summary Payment PaymentType Loan Amount Interest Rate Term Payment # Annual 360.440.00 1.50% 5 75,364.16 paymem IJa1e Loan 1I8lance 1 2009 360,440.00 2 2010 365,846.60 3 2011 371,334.30 4 2012 376,904.31 5 2013 382,557.88 IntenISt payment 5,406.60 5,487.70 5,570.01 5,853.56 5,738.37 388,296.25 35 1I8lance 9 12131 365,846.60 371,334.30 376.904.31 382,557.88 (0.00) City of Centerville Emergency Preparedness and Response Plan Pandemic Influenza - Public Health Emergencies Approved ,2009 Page I of 18 36 Table of Contents I. Purpose and Background. What is an Influenza Pandemic and Why are we preparing? II. General Statement of City Service Priorities in the Event of Pandemic Influenza III. Reiteration and Clarification of City Service Capacity in the Event of a Pandemic or Similar Public Health Emergency. IV. Identification of Essential and Non-Essential Employees. V. Official Public Works Policies VI. Vital Contacts and Possible Additional Resources VII. Appendix Page 2. of 18 37 I. Purpose and Backaround - What is an Influenza Pandemic and why are we preparina? The purpose of this document is to outline a coordinated and rational City response to possible to a possible outbreak of Pandemic Influenza (such as AVIAN INFLUENZA I H5N1) or (Or H1N1, formerly known as the swine flu) . A pandemic is a global disease outbreak. An influenza pandemic occurs when a new influenza A virus emerges for which there is little or no immunity in the human population, begins to cause serious illness and then spreads easily person-to-person worldwide, the most serious of which could lead to significant human deaths and social disruption. Historically, the 20th century saw 3 pandemics of influenza: . 1918 influenza pandemic caused at least 675,000 U.S. deaths and up to 50 million deaths worldwide . 1957 influenza pandemic caused at least 70,000 U.S. deaths and 1-2 million deaths worldwide . 1968 influenza pandemic caused about 34,000 U.S. deaths and 700,000 deaths worldwide Characteristics and challenges of a pandemic: 1. Rapid Worldwide Spread · When a pandemic influenza virus emerges, its global spread is considered inevitable. . Preparedness activities should assume that the entire world population would be susceptible. · Countries might, through measures such as border closures and travel restrictions, delay arrival of the virus, but cannot stop it. 2. Health Care Systems Overloaded . Most people have little or no immunity to a pandemic virus. Infection and illness rates soar. A substantial percentage of the world's population will require some form of medical care. . Nations unlikely to have the staff, facilities, equipment and hospital beds needed to cope with large numbers of people who suddenly fall ill. . Death rates are high, largely determined by four factors: the number of people who become infected, the virulence of the virus, the underlying characteristics and vulnerability of affected populations and the effectiveness of preventive measures. · Past pandemics have spread globally in two and sometimes three waves Page 3 of 18 38 3. Medical Supplies Inadequate · The need for vaccine is likely to outstrip supply. . The need for antiviral drugs is also likely to be inadequate early in a pandemic. · A pandemic can create a shortage of hospital beds, ventilators and other supplies. Surge capacity at non-traditional sites such as schools may be created to cope with demand . Difficult decisions will need to be made regarding who gets antiviral drugs and vaccines. 4. Economic and Social Disruption . Travel bans, closings of schools and businesses and cancellations of events could have major impact on communities and citizens. · Care for sick family members and fear of exposure can result in significant worker absenteeism. Accordingly many factors become vital in preparing for this type of situation. Understanding what a pandemic is, what needs to be done at all levels to prepare for pandemic influenza, and what could happen during a pandemic helps us make informed decisions both as individuals and as a community. Should a pandemic occur, the public must be able to depend on its government to provide scientifically sound public health information quickly, openly and dependably. This document intends to outline what capacities the City of Centerville may have in the event of an outbreak of Pandemic Influenza. REGARDLESS OF THE EFFORTS OF THE CITY OF CENTERVILLE OR ANY OTHER GOVERNMENTAL AGENCY, ALL PLANNING MUST BEGIN AT HOME; EVERY HOUSEHOLD SHOULD ALSO BE PREPARING FOR A POSSIBLE PANDEMIC INFLUENZA EPISODE - SEE APPENDIX FOR A PERSONAL CHECKLIST OF THE MINIMAL ITEMS EVERY HOUSEHOLD SHOULD HA VE SET ASIDE. Page 4 of 18 39 II. General Statement of City Service Priorities in the Event of Pandemic Influenza: Should there in fact be an outbreak of Pandemic Influenza the City of Centerville will move into a "Pandemic Emeraencv Operations Mode" whereby the following six priorities will take precedence of other all other City operations: 1. Ensure that potable water is being pumped into the City's Water Tower(s). Depending on severity of Pandemic the City may restrict use of water to only fire fighting and limited domestic use, with limited to access for other uses such as lawn watering, car washing, etc. 2. Ensure that sanitary lift stations are functioning and drawn down, if necessary via the use of portable electric generation or septic contractors if available. 3. Ensure that City streets (specifically Priority Routes) are passable to emergency vehicles; this may require the assistance of Anoka County or other communities in the event of a significant snowfall. 4. Ensure general peace and order are preserved. Work with other jurisdictions, National Guard, etc. 5. Ensure fire fighting services are available (Centennial Fire District) 6. Act in concert with Anoka County or other coordinating health agencies to distribute possible antiviral medications or other available vaccine(s) if available. Beyond these priorities; general City operations will be suspended until further notice. The City Council will determine at what stage the City moves into this Pandemic Emeraency Operations Mode. Should the City Council not be able to make such determination, the City's Emergency Management Coordinator may make this determination after consultation with the City Administrator if available. Under this Mode, the City Administrator and the Emergency Management Coordinator may take meaningful and necessary steps to respond to the Pandemic Emergency where possible but consistent with the six priorities and applicable law Page 5 of 18 40 While the City operates in Pandemic Emeraency ODerations Mode all other NON EMERGENCY public services provided by the City will be suspended including the following, (not an exhaustive listing): 1. Processing and issuance of NON-EMERGENCY OR HEALTH RELATED land-use application or building permits - all ordinances remain in effect subject to future review and enforcement. 2. Paying of invoices of non-emergency vendors; the City may experience some minimal late payment fees. 3. Planning Commission and Park Commission and other committee and commissions are suspended. 4. License Renewals, Records Retention, Non-Emergency Correspondence, Contract Management 5. Park & Trail Maintenance. Page 6 of 18 41 III. Reiteration and Clarification of City Service Capacity in the Event of a Pandemic IN THE EVENT OF A SERIOUS PANDEMIC OR OTHER SIMILAR PUBLIC HEALTH EMERGENCY, THE CITY OF CENTERVILLE DOES NOT AND WILL NOT HAVE A CAPACITY TO PROVIDE OR COORDINATE PUBLIC SHELTERS, MEALS AND/OR OTHER SOCIAL ASSISTANCE. THIS SERVICE MUST BE PROVIDED, IF AT ALL POSSIBLE, BY ANOKA COUNTY OR OTHER PUBLIC / PRIVATE AGENCIES SUCH AS THE RED CROSS. THE CITY OF CENTERVILLE ALSO DOES NOT HAVE A CAPACITY TO RENDER AID OR PROVIDE MATERIALS OR SUPPLIES TO THE GENERAL POPULATION. THE CITY'S BEST USE OF LIMITED STAFF AND RESOURCES IS TO ENSURE FUCTIONING WATER AND SEWER SERVICES, FIRE PROTECTION, PASSABLE STREETS AND GENERAL CIVIL PEACE. BE PREPARED A T HOME AND IN YOUR ORGANIZA TIONAL STRUCTURES FOR A PANDEMIC RESPOSE - ALWA YS ASSUME YOU WILL BE ON YOUR OWN. Page 7 of 18 42 IV. Essential and Non-Essential EmDlovees Each City Department may be responsible for certain actions in the event of a Pandemic. In this regard, all City Labor Agreements contain a specific provision for staff "Call Back" whereby City staff must report to work should they be requested to do so. However, should the City move into Pandemic Emeraencv ODerations Mode ALL Public Works staff and the City Administrator become ESSENTIAL EMPLOYEES (RESPONDERS), while the balance of the City staff are considered NON - ESSENTIAL they may be intermittently be required to report to a Call Back should the City move into a Pandemic Emergency Operations Mode. These NON-ESSENTIAL staff include: 1. City Office Personnel Finance Director 2. Seasonal or Temporary Park Workers I Administrative Interns Page 8 of 18 43 v. Official Public Works Policies: Public Works Policy for Staffing Levels and Response: The Public Works department consists of four total full-time persons, including the director and three utility/crewpersons. In the event of an activation of the Centerville Emergency Operations Plan or other situation requiring additional manpower or extended operations such as the institution of the City shifting into Pandemic Emeraencv ODerations Mode, the Public Works Director, City Administrator, or On-Call personnel in the absence of the Public Works Director or City Administrator may implement all or parts of this policy. In the event of a regional disaster, pandemic, or widespread health care event, it can be expected that there may be a loss of available staff for duty of UD to 50% or more in some incidents. These absences can be expected due to inability to travel or workers' own need to care for their family and themselves. This will require the City to take extra measures to assure the essential operations of the Public Works Department and reliable delivery of essential services to residents. 1. All essential staff on duty will remain on duty, until properly relieved from their assigned duties or task. These staff will remain available at the City Hall, Public Works or other designated location until released from or assigned to other duty. 2. Off-duty essential, as well as non-essential staff may be placed On-Call for contact for: . Immediate duty, . Change of shifts or work hours, . Other emergency placement. On-call staff is required to report for duty or respond to contact within 45 minutes. Employees must be able to report to a duty station within 45 minutes while on-call in emergencies. "White board notes" will be used to verify staffing levels. In emergency operations, staff availability and status may be shared with Police and other emergency operations units. 3. Public Works Staff that have not been contacted and hear of an emergency event in Centerville through other sources, are required to make reasonable efforts to contact the City and advise of their status and a contact phone #. If no contact is possible or if the event is of major or large area concern, staff shall immediately report for service. 4. In the event of a pandemic or other widespread health care event duty rotations to maintain essential water and wastewater services shall be scheduled. All vacation and other discretionary leave will be suspended. Available staff will relieve each other as possible for breaks and home Page 9 of 18 44 care issues. The City will accommodate workers request to bring family members with them to the City Hall for shelter while on-duty. Public Works Policv for Emeraencv ODerations: This Policy establishes guidelines for the Public Works Department in the event of a hazard or situation that will tax the resources and manpower ability of the department over an extended period of time. These guidelines can be preventative in nature, or reactive to prevent further loss of manpower and resources. In the event of a hazard or event such as: natural disaster causing severe property and infrastructure damage limiting access to the city, pandemic flu or other wide spread health care event, radiological! chemical exposure, other events requiring extended manpower and resources at times in which the manpower and resources of the department may be limited due to those employees also being personally involved or affected by those events, the department may take some or all of the following measures to ensure continued service to the citizens of Centerville as best as can be accomplished. Employee Call Back and Scheduling: Employees of the Department will be put on "On-call" status as needed. This status will make the employee aware of the event and the possible expected response time for them to On Duty Status. During On-call status the employee will be able to be reached via telephone or 'texting' and respond, ready for duty at the Centerville City Hall, within 45 minutes of notification. The notification of on-call status and possible expected time of response to duty will allow the officer time to prepare their personal matters if needed and obtain the proper rest prior to reporting for duty. Decisions for placing employees on On-Call, or calling in for immediate duty, will be authorized by the Public Works Director, the City Administrator or if not available, the current on-call person. The Department will begin emergency operations and maintain public services in the following priority: . Water for fire and drinking water . Sewer lift stations . Street clearing and debris removal . Other work For prolonged operations, an attempt will be made to stager the days and hours of work for employees. Emergency operations may require extreme work hours and days depending on the severity of the event. Levels of Events: Page 10 of 18 45 Events will be classified by level to assist department personnel in determining their response and possible assignments. Level 1 : An incident or extended period of operations falling into this category can be expected that the department will implement extended shifts or call in of needed personnel for an immediate emergency. This would include water main breaks or lift station failures. It could also include street clearing and debris removal from a localized occurrence. Level 2: An incident with extended periods of operations falls into this category. It can be expected that the department will implement extended shifts, reassignments of personnel, and extended operational periods of up to several days or more. The limited resources of the department may require the department to prioritize and respond to items on the priority list. Items in this category may be from large area freezing rain and power loss, large area clean up from winds and storms or catastrophic failure of critical infrastructure such as a sewer main collapse or building explosion. Level 3: An incident or operational period of this magnitude is expected to tax the resources of the department to its fullest. The Department can expect to be in this type of operational level for several weeks or longer. During this time all resources may need to be devoted to critical operations only. Pandemic events, acts of war and tornado damage may fall to this category. Special Circumstances: The Department will implement special responses or measures at any level as deemed necessary by supervisory staff. The goal is use the least extraordinary response to maintain the minimum requirements until work on an emergency is complete. Examples of some extreme measures that may have to be considered in worst case scenarios could include: · Set up of cots and emergency food supplies for staff for continuous staffing · Bring in bulk storage for fuel for wells and lift station generators for extended operations · If travel is banned, open up emergency lanes only in snow for emergency vehicles . If extended generator operations are required, consider limited hours of utility operation. Keep towers full but shut off except for limited hours each day and turn on if needed for fire emergencies. Pump lift stations after daily water use time. Maintain security of generators and fuel. · Allowing family members to stay with operations staff at city facilities to avoid added travel and cross contamination issues. · Consider isolation of staff from each other and from all other contact to keep utilities in operation without risk of contact with pandemic infections. In a Pandemic situation. maintainina water and sewer functionality is number one! Page II of 18 46 VIII. Vital Contacts and Possible Additional Resources See "Emeraency Resource Guide" dated 06-08-2009 Page IZ of 18 47 IX. Appendices: o City Emergency Operations Plan - General Plan o Centennial Fire District - Pandemic Response Plan o Centennial Lakes Police Dept. - Pandemic Response Plan o Authorizing Resolution - o Personal Preparedness Checklist Page 13 of 18 48 City Emergency Operations Plan - General Plan (To be inserted with final version once approved) Page 14 of 18 49 Centennial Fire District - Pandemic Response Plan Page IS of 18 50 Centennial lakes Police Department - Pandemic Response Plan Page 16 of 18 51 Personal Preparedness Checklist Page 17 of 18 52 RESOLUTION A RESOLUTION APPROVING AND ADOPTING THE EMERGENCY PREPAREDNESS AND RESPONSE PLAN - PANDEMIC INFLUENZA AND PUBLIC HEALTH EMERGENCY Whereas, over the last one-hundred years there has been several outbreaks of human influenza ranging from isolated events to large-scale widespread 'pandemic' episodes causing significant social disruption, and; Whereas, all public and private agencies, including cities, must be legitimately prepared to deal with the possible impacts of a large-scale pandemic influenza episode, and; Whereas, the City ofCenterville, (the City) has invested significant staff time and resources to consider its facilities and legitimate capacities to potentially manage and continue core service operations in the event of a pandemic situation impacting the local community, and; Whereas, the City has also informed the public through its quarterly newsletters, public events and press releases to also "Be Prepared" at home and in their place of business to similarly respond to a pandemic situation, and; Whereas, as a result of such planning and outreach efforts, the City has prepared a specific emergency response plan that is anticipated to guide the City's operations and response should a pandemic episode, or other similar public health emergency arise. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City ofCenterville does hereby adopt the EMERGENCY PREPAREDNESS AND RESPONSE PLAN FOR PANDEMIC INFLUENZA AND PUBliC HEALTH EMERGENCIES and authorizes the implementation of such parameters when deemed necessary and as outlined. Passed hy the City Council of the City of Centerville this _ day of ,2009. Mary Capra, Mayor ATTEST Teresa Bender, City Clerk Page r8 of r8 53 ~ !YletrOpOll1aD \.iOunCll Metro Meetings A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and regional Council sponsored events. The Metropolitan Council is located at 390 Robert SL N., in downtown SL PauL All meetings are held at this location unless otherwise noted Meeting times and agendas are subject to change. Visit our website at www.metrocouncil.orgformore information. Video of meetings of the Council and some committees are now available live and archived for later viewing at www.metrocouncil.org Week of September 7 -11, 2009 Monday, September 7 Labor Day Observation Tuesday, September 8 Canceled: Bft\'irenme!lt Cemmillee Transit Fares for Dial-a-Ride Service Public Hearing: 1:30 - 2:30 p.m., Brooklyn Park Library, 8600 Zane Ave. N., Meeting Room, Brooklyn Park. Served by Transit Route 723 Canceled: Cemmllliliy De,.elel'ment Commillee: Wednesday, September 9 :entral Corridor Management Committee: I p.m., Chambers Community Advisory Committee Report; Business Advisory Council Report; 4th Street Advanced Utility Relocation Contract Update; Operation and Maintenance Facility Update; Light Rail Vehicle Procurement; Right-of-Way Update; and other business. Transit Fares for Dial-a-Ride Service Public Hearing: 1:30 - 2:30 p.m., Maplewood Library, 3025 Southlawn Drive, Large Meeting Room, Maplewood. Served by Transit Routes 64, 80, 219, 223 Management Committee: 2;30 p.m., Lower Level A Authorization to Award Health Insurance Contract; Settlement of Litigation: MOAC Land Holdings, LLC v. Metropolitan Airports Commission and the Metropolitan Council; Technical Amendments to Legal Services Agreements; Metropolitan Sports Facilities Commission 2010 Budget; Authorization to Amend Contract for Off-Site Records Storage; Information 2nd Quarter Financial Report; 2nd Quarter Report on Investments; and other business. Metropolitan Council; 4 p.m., Chambers 2009 Unified Operating Budget Amendment; 2009-2014 Capital Improvement Plan and 2009 Capital and Budget Amendment; State Safety Oversight Intergovernmental Agreements; Urban Partnership Agreement Transit Technologies - Transit Signal Priority; 20 I 0 Capital and Operating Grant Applications to Counties Transit Improvement Board; 2009-2012 TIP Amendment to Add Three ADA Compliance Upgrade Projects; Ratification of Declaration of Emergency to Repair Water Leak at Hastings Wastewater Treatment Plant; Authorization to Award ContraCt for Construction of Lift Station Improvements; Approve Service Availability Charge Criteria for Outdoor Spaces; Adoption of201O Municipal Wastewater Rates and Charges; Joint Powers Agreement with the Minnesota Department of Transportation for the Central Corridor Light Rail Transit Vehicle Procurement; Master Funding Agreement for the Central Corridor Light Rail Project with the City of Saint Paul; Master Funding Agreement for the Central Corridor Light Rail Transit Project with St Paul Water Board of Commissioner Statewide Transportation Policy Plan and Statewide Highway Investment Plan; and other business. Thursday, September 10 Canceled: l'FaBBit Pre\idsFS !..edS8fY Ce--:Uee TAB Programming Committee: 12:30 p.m., Chambers Canceled TJ.C PlaBniag CSRUBKtee Transit Fares for Dial-a-Ride Service Public Hearing: 1:30 - 2:30 p.m., Dakota County Northern Service Center, I Mendota Road West, Conference Rooms IIOA & IIOB, West St. Paul. Served by Transit Route 75 Friday, September 11 Transit Fares for Dial-a-Ride Service Public Hearing: 10:30 - II :30 a.m., Anoka County Government Center, 2100 Third Avenue, Room 705, Anoka. Served by Transit Routes 766, 805, 852 Tentative Week of September 14 -18, 2009 Monday, September 14 Minneapolis District Dialogue Meeting: 10 a.m., Minneapolis Central Library, 300 Nicollet Mall, Minneapolis Transportation Committee: 4 p.m., Metro Transit FT Heywood Chambers Tuesday, September 15 No meetings scheduled Wednesday, September 16 TAB Policy Committee: 12 noon, Chambers Transportation Advisory Board: I :30 p.m., Chamhers Committee of the Whole: 4 p.m., Chambers Thursday, September 17 Transit Fares for Dial-a-Ride Service Pubiic Hearing: 10:30 - 11:30 a.m., Scott County Government Center, 200 Fourth A venue West, County Board Room 209, Shakopee. Served by Transit Route 496 Transit Fares for Dial-a-Ride Service Public Hearing: 1:30 - 2:30 p.m., Ridgedale Library, 12601 Ridgedale Drive, Robert H. Rohlf Meeting Room, Minnetonka. Served by Transit Routes 615 and 675 T AC Funding & Programming Committee: I :30 p.m., Lower Level A Central Corridor Advisory Committee: 5 p.m., Goodwill Easter Seal, 553 Fairview Av., N., St. Paul Friday, September 18 Transit Fares for Dial-a-Ride Service Public Hearing: 10:30 - 11:30 a.m., Washington County Government Center, 14949 62nd St. N, County Board Room 100, Stillwater