AGENDA 2. ROLL CALL · 2019-04-05 · 15.2b Bond Sale Authorization Resolution 2019-11 (26-38) 15.2c Finance Plan (39-49) 15.3 Call for public hearing on proposed Ordinance 2019-09

FAIRMONT CITY COUNCILAGENDA

1. CALL TO ORDER -

Regular meeting of the Fairmont City Council held on

MONDAY, APRIL 8, 2019

at 5:30 D.m. in the City Hall Council Chambers

2. ROLL CALL -

Mayor FosterCouncilors: Cyphers

HasekHawkinsLubenowPeters

3. DETERMINATION OF QUORUM -

4. PLEDGE OF ALLEGIANCE -

5. APPROVAL OF AGEN DA -

6. READING OF MINUTES -

6.1 Minutes of Regular Meeting, March 25, 2019 (01-02)

7. OPEN DISCUSSION (03)

8. RECOGNITIONS/PRESENTATIONS -

8.1 Proclaim the Month of April as Child Abuse Sc Neglect Prevention (04)Month

8.1 a Proclamation (05)

9. SCHEDULED HEARINGS -

9.1 Public Hearing - Lakeview Methodist Application for Re-zone (06)

9.1a Public Hearing Notice (07)9.1b 610 Summit Vicinity Map (08)

9.2 Public Hearing - Lakeview Preliminary and Final P!at (09)

9.2a Hearing Notice (10)9.2b Planning Commission Minutes - March 12, 2019 (11-12)

9.2c Preliminary and Final Plat - Lakeview Addition (13-1 5)

10. ADMINISTRATIVE APPEALS -

11. FINANCIAL REPORTS -

12. REPORTS OF BOARDS, COMMITTEES, ANDDEPARTMENT HEADS -

12.1 2018 Aquatic Park Year End Report (16)

12.1 a 2018 Aquatic Park Year End Report (17-18)

13. LICENSES AND PERMITS -

14. OLD BUSINESS -

15. NEW BUSINESS -

15.1 Call for public hearing concerning submittai of an application to (19)the Minnesota Department of Employment and EconomicDevelopment for a grant under the Minnesota Investment Fund(MIF) program

15.1a Public Hearing Notice (20)

15.2 2019 Bond Issue (21)

15.2a Financial Advisory Service Agreement (22-25)

15.2b Bond Sale Authorization Resolution 2019-11 (26-38)

15.2c Finance Plan (39-49)

15.3 Call for public hearing on proposed Ordinance 2019-09 (50)

15.3a Memo from Mike Humpai, CEcD, City Administrator (51-56)

15.3b Hearing Notice (57)15.3c Proposed Ordinance 2019-09 (58-59)

15.4 Call for public hearing on proposed Ordinance 2019-10 (60)

15.3a Memo from Mike Humpal, CEcD, City Administrator (61-62)

15.3b Hearing Notice (63)15.3c Proposed Ordinance 201 9-10 (64-65)

15.5 Advertise for Bids for 2019-E construction project (66)

15.5a Resolution 2019-12 (67-68)

15.5b Advertisement for Bids (69)

15.6 Approval of Conditional Use Permit, 211 Budd Street (70)

15.6a City Council Staff Report (71-74)15.6b Planning Commission Minutes-April 2, 2019 (75-76)

15.6c Vicinity Map (77)15.6e Sign image (78)

15.7 Approval of Conditional Use Permit, 610 Summit Avenue (79)

15.7a City Council Staff Report (80-83)15.7b Planning Commission Minutes-April 2, 2019 (84-85)15.7c Site Plan (to be handed out at meeting)

16. REGULAR AND LIQUOR DISPENSARY BILLS

17. STATUS REPORTS/COUNCIL/STAFF INFORMATION

18. ADJOURNMENT-

ADDITIONAL ATTACHMENTS

The minutes of the Fairmont City Council meeting held on Monday, March 25, 2019 at the CityHall Council Chambers.

Mayor Deborah Foster called the meeting to order at 5:30 p.m.

Mayor Deborah Foster, Council Members Ruth Cyphers, Wayne Hasek, Tom Hawkins, RandyLubenow and Bruce Peters were present. Also, in attendance: City Administrator Mike

Humpal, Public Works Director/City Engineer Troy Nemmers, City Attorney Elizabeth W.Bloomquist, City Clerk Patricia J. Monsen and Police Chief Mike Hunter.

It was moved by Council Member Peters to approve the agenda as presented. Council Member

Hasek seconded the motion and the motion carried.

It was moved by Council Member Cyphers, seconded by Council Member Lubenow and carried

to approve the minutes of the City Council meeting held on March 11, 2019.

Mayor Foster opened the public hearing on proposed Resolution 2019-07, Ordering

Improvement and Preparation of the Plans for the 2019 Improvement Program. Nemmersreviewed all the projects. Comments were received by several citizens with Nemmersresponding. Council Member Peters made a motion to close the public hearing. Council

Member Cyphers seconded the motion and the motion carried. Council Member Peters made amotion to approve Resolution 2019-07. Council Member Hawkins seconded the motion.

Council Member Lubenow expressed his disappointment that Lake Avenue from County Road

39 to Fairlakes Avenue is not included in the 2019 Improvement Program. On roll call: CouncilMembers Hasek, Hawkins, Peters and Cyphers all voted aye. Council Member Lubenow voted

nay. Mayor Foster declared said motion passed.

Council Member Lubenow made a motion to approve the Event Permit for Borderline Cruisers

Car Club for their annual car show on June 8, 2019. Council Member Peters seconded the

motion and the motion carried.

Council Member Hawkins made a motion to approve the Taxi License for BEC Enterprises LLC,

d/b/a Blue Earth Taxi to operate three vehicles in the City ofFairmont. Council MemberCyphers seconded the motion and the motion carried.

Council Member Lubenow made a motion to approve the Event Permit for the Martin CountyLibrary to provide summer concerts and family activities at Sylvania Park on June 13th and June

20th. Council Member Hasek seconded the motion and the motion earned.

Council Member Peters made a motion to approve Resolution 2019-09, approving the State of

Minnesota Joint Powers Agreement with the City of Fairmont on behalf of its City Attorney andPolice Department. Council Member Hasek seconded the motion. On roll call: Council

Members Lubenow, Peters, Cyphers, Hasek and Hawkins all voted aye. No one voted nay.Mayor Foster declared said motion passed.

Council Member Hawkins made a motion to authorize Chief Michael Hunter and Captain EricTender to sign the Court Data Services Subscriber Amendment to CJDN Subscriber Agreement.

Council Member Lubenow seconded the motion and the motion carried.

/.

Council Member Peters made a motion to call for a public hearing on April 8, 2019 at 5:30 p.m.in the City Hall Council Chambers to consider the application to re-zone a portion of their

property at 651 Fairlakes Avenue from Single Family Residential (R-l) to Multiple FamilyResidential (R-3) to accommodate a skilled nursing care facility. Council Member Hasekseconded the motion and the motion carried.

Council Member Cyphers made a motion to call for a public hearing on April 8, 2019 at 5:30p.m. in the City Hall Council Chambers to consider the application for preliminary and final platofLakeview Addition. Council Member Peters seconded the motion and the motion carried.

Council Member Cyphers made a motion to approve Resolution 2019-10 requesting

comprehensive road and transit funding. Council Member Lubenow seconded the motion. Onroll call: Council Members Peters, Cyphers, Hasek, Hawkins and Lubenow all voted aye. No

one voted nay. Mayor Foster declared said motion passed.

Council Member Peters made a motion to approve the appointment ofJon Omvig to the PlanningCommission. Council Member Cyphers seconded the motion and the motion carried.

Council Member Cyphers made a motion to approve the appointment of Liz Wheeler to thePlanning Commission. Council Member Hasek seconded the motion and the motion earned.

Council Member Peters made a motion to approve the payment of the March 2019 bills in theamount of $798,047.46. Council Member Hasek seconded the motion and the motion carried.

Council Member Cyphers announced that the new CER catalog is out and there is something for

everyone in them.

Council Member Lubenow shared that at the Park Board meeting they were approached by someyoung girl scouts about creating hammock communities within our parks. He also wished his

wife a happy anniversary.

A motion was made by Council Member Peters, seconded by Cyphers and carried to adjourn the

meeting at 6:30 p.m.

Deborah J. Foster, Mayor

ATTEST:

Patricia J. Monsen, City Clerk

1.

CITY OF FAIRMONT-—AGENDA CONTROL SHEET-—AGENDA ITEM NO. 7.1

MEETING DATE: April 8, 2019

SUBJECT: Open Discussion

REVIEWED BY: Mike Humpal, CEcD, City Administrator/]/f ^wSUBJECT INITIATION BY:

Petition Board x Staff Council Commission Committee

SUBJECT BACKGROUND:

INTRODUCED BY: Mayor Deborah J. Foster

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1st Reading(Introduction only)Ordinance 2nd Reading(Roll call)

Resolution (Roll Call)Set Public Hearing (Motion)

Hold Public Hearing(Motion to close)

xDiscussion

Information Only

RECOMMENED ACTION BY:

City Staff Board Commission Committee

Issuance

Denial

Approval

Rejection xAuthorization

No action needed

No recommendation

STATEMENT: Prior to regular business, is there any open discussion?

MOTION: None

VOTE REQUIRED:

ATTACHMENTS:1.

2.

3.

Council Action: Date:

s3.

CITY OF FAIRMONT—-AGENDA CONTROL SHEET-—AGENDA ITEM NO.


SUBJECT: Proclaim the Month of April as Child Abuse and Neglect Prevention Month

REVIEWED BY: Mike Humpal, CEcD, City Administrator/] 1 /QP(

SUBJECT INITIATION BY:

8.1

x Petition Board Staff Council Commission Committee

SUBJECT BACKGROUND: Mayor Deborah J. Foster

INTRODUCED BY: Mayor Deborah J. Foster

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)




xDiscussion

Information Only


City Staff Board Commission Committee

Issuance

Denial

Approval


No action needed

No recommendation

STATEMENT: Mayor Deborah J. Foster will proclaim the month of April 2019 as ChildAbuse and Neglect Prevention Month in the City ofFairmont.

MOTION:

VOTE REQUIRED;

ATTACHMENTS:1. Proclamation

2.

3.


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(D

CITY OF FAIRMONT-—AGENDA CONTROL SHEET—-AGENDA ITEM NO. 9.1


SUBJECT: Public Hearing - Lakeview Methodist Application for Re-zone

REVIEWED BY: Mike Humpal, CEcD, City Administrator


Petition Board Staff Council x Commission Committee

SUBJECT BACKGROUND: Megan Boeck, Planner/Code Enforcement Teclmician

INTRODUCED BY: Mike Humpal, CEcD, City Administrator

COUNCIL LIAISON:

TYPE OF ACTION:Motion (Voice Vote)

Ordinance 1st Reading

(Introduction only)Ordinance 2 Reading(Roll call)

x



Discussion

Information Only


City Staff Board x Commission Committee

Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The Fairmont Planning Commission is recommending the approval ofLakeview Methodist's application to re-zone a portion of their property at 651 Fairlakes Avenue

from Single Family Residential (R-l) to Multiple Family Residential (R-3) to accommodate askilled nursing care facility.

MOTION #1: To close Public Hearing

VOTE REQUIRED MOTION #1: Simple majority

MOTION #2: To approve Lakeview Methodist's application to re-zone a portion oftheir

property at 651 Fairlakes Avenue from Single Family Residential (R-l) to Multiple FamilyResidential (R-3) to accommodate a skilled nursing care facility.

VOTE REQURIED MOTION #2: Simple majority

ATTACHMENTS:1. Hearing Notice

2. 610 Summit Vicinity Map


6.

Phone (507) 238-9461CITY OF FAIRMONT -100 Downtown Plaza - Fairmont, MN 56031

www.falrmont.org Fax (507) 238-9469

CITY OF FAIRMONTNOTICE OF PUBLIC HEARING

Notice is hereby given that the Fairmont City Council will meet at City Hall Council Chambers,

100 Downtown Plaza, Fairmont, MN 56031 at 5:30 p.m. on Monday, April 8,2019 to consider the

following application:

Lakeview Methodist Healthcare Foundation

Parcel ID 232110750

Rezoning property from Single Family Residential (R-l) to Multiple Family Residential (R-3)

Persons who desire to be heard in reference to the above will be heard at this meeting. Written

comments can also be submitted to Faimiont City Hall, attention Patricia Monsen, 100 DowntownPlaza, Fairmont, MN 56031.

Patricia Monsen

City Clerk(Published in Fairmont Sentinel on March 29, 2019)

F7 L

CITY OF FAIRMONT-—AGENDA CONTROL SHEET-—AGENDA ITEM NO. 9.2


SUBJECT: Public Hearing - Lakeview Preliminary and Final Plat

REVIEWED BY: Mike Humpal, CEcD, City Administratot

SUBJECT INITIATION BY: Mike Humpal, CEcD, City Administrator


SUBJECT BACKGROUND: Megan Boeck, Planner/Code Enforcement Technician


TYPE OF ACTION:

x Motion (Voice Vote)Ordinance 1st Reading

(Introduction only)Ordinance 2" Reading

(Roll call)x

Resolution (Roll Call)Set Public HearingfMotion)Hold Public Hearing(Motion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: Lakeview Methodist has made application for preliminary and final plat ofLakeview Addition, Blocks 1 and 2. The Planning Commission has recommended continuation

of this application for final approval by the City Council.

MOTION 1: To close the Public Hearing

VOTE REQUIRED MOTION 1: Simple majority.

MOTION 2: To approve preliminary and final plat for Lakeview Addition.

VOTE REQUIRED MOTION 2: Simple majority.

ATTACHMENTS:1. Hearing Notice2. Planning Commission Minutes- March 12,2019

3. Preliminary and Final Plat" Lakeview Addition


9.

Phone (507) 238-9461CITY OF FAIRMONT - 100 Downtown Plaza - Fairmont, MN 56031

www.fairmont.org Fax (507) 238-9469

CITY OF FAIRMONTNOTICE OF PUBLIC HEARING

Notice is hereby given that the Fairmont City Council will meet at City Hall Council Chambers,100 Downtown Plaza, Fairmont, MN 56031 at 5:30 p.m. on Monday, April 8, 2019 to consider the

following application:

Preliminary and Final Plat ofLakeview Addition, Blocks 1 and 2.

Persons who desire to be heard in reference to the above will be heard at this meeting. Written

comments can also be submitted to Fairmont City Hall, attention Patricia Monsen, 100 Downtown

Plaza, Fairmont, MN 56031.

Patricia Monsen

City Clerk(Published in Fairmont Sentinel on March 29, 2019)

0 ¥/G"•^

-^ kj

MINUTES OF THE FAIRMONT PLANNING COMMISSION

Regular MeetingMarch 12, 20195:30 p.m. City Hall Council Conference Room

Members present: Ed Wiltett, Tom Lytle, Adam Smith/ Scott Unke and Council Lidison TomHawkins.Members absent: Margaret Diilard and Jordan Lampman.Others present: City Administrator Mike Humpa! and Planner/Code Enforcement TechnicianMegan Boeck.

Chairman Wliie+t called the meeting to order at 5:30 pm.

Agenda Approval: Motion by Ly+Se and second by Unke to approve the March 12, 2019meeting agenda os presented. Motion carried.

Minutes: Motion by Wille+t and second by Smith to approve the February 5/ 2019 meetingminutes as presented. Motion carried.

NEW BUSINESSBoard Chair: It was the consensus of Planning Commission Members to designate Ed Wiliettas Chairman and Tom Lytie as Vice Chairman.

Public Hearing— Lakeview Methodist, Zoning Map Amendment: Boeck stated that LakeviewMethodist submitted on application for re-zoning 651 Fairiakes Ave from Single FamilyResiden+iai (R-1) to Multiple Family Residential (R-3) to accommodate a 77,000 sq ft skillednursing facility. Boeck also s+oted that the proposed R-3 zoning is compatible with propertydirectly abutting the subject property and surrounding neighborhoods. Lastly, Boeck statedthat the future comprehensive plan map has identified the property in question asresidential-general which would support developments of high densities.

Chairman Wiliett opened the hearing to the public. Hearing no comments, motion by Lytleand second by Smith to close the public hearing. Motion carried.

Motion by Unke and second by Lytle to recommend approval of re-zoning 651 Foiriakes Avefrom R-1 to R-3. Motion carried.

Public Hearing—Lakeview Methodist, Preliminary and Final Plat: Boeck s+a+ed that LakeviewMethodist has submitted an application for Preliminary and Final Plot of Lakeview Addition toaiiow for development of a 77,000 sq ft skilled nursing facility. Boeck also stated that theproperty falis within Tier B of the Shorelond Management Area—which requires ai! propertiesto remain at 40 percent of impervious surfaces and that Block 1, Lot 1 has been platted at17.11 acres to meet that requirement. Lastly, Boeck stated that the plat designates properROW widths and that the proposed subdivision meets all the requirements of Chapter 24-Subdivisions.

//.

Chairman Willett opened the hearing to the public. Hearing no comments, motion by Lytleand second by Smith to close the hearing to the pubiic. Motion carried.

Motion by Lytle and second by Smith to approve he Preliminary and Final plat of LakeviewAddition. Motion carried.

Comprehensive Plan—Future Land Use Map Discussion: Boeck s+ated that purpose oftonight's steering committee meeting wili be to review public services and infrastructure witha focus on ci+y resources that allow or restrict development.

OLD BUSINESSNone.

Adjournment: Motion by Lytle and second by Smith to adjourn the meeting at 5:46 pm.Motion carried.

Respectfully submitted,

Megan BoeckPlanner/Code Enforcement Technician

/A

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PLAT

PLAT OFLAKEVIEW ADDITION

IN THECITY OF FAIRMONT,

MARTIN COUNTY, MINNESOTA

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15.

CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO. 12.1


SUBJECT: 2018 Aquatic Park Year End Report

REVIEWED BY: Mike Humpal, CEcD, City Administrator /^


Petition Board Staff x Council Commission Committee

SUBJECT BACKGROUND: Mike Humpal, CEcD, City Administrator


COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)




xDiscussion

Information Only


x City Staff Board Commission Committee

Issuance

Denial

Approval


No action needed

No recommendation

STATEMENT: Per Council request, the 2018 Aquatic Park Year End Report will be presented.

MOTION:

VOTE REQUIRED:

ATTACHMENTS:1. 2018 Aquatic Park Year End Report2.


1^.

Phone (507) 238-9461CITY OF FAIRMONT -100 Downtown Plaza - FaEnnont, MN S6031

www.falrmont.org Fax (507) 238-9469

2018 Aquatic Park Recap

2018 General Aquatic Park Information

Open Swim Hours:

June 2 - Juiy I 5 Weekdays: Noon - 6:00 pm

Weekends: Noon - 7:00 pm

July 16 -August 25 Weekdays: Noon - 8:00 pm

Weekends; Noon - 8:00 pm

Admission: $5.00 per person 2 years and older

Daily Patron Count:

2018-21.691*2017-21,469* 2016-25,585* 2015-25.336* 2014-22,771*

2013 - 22,399* 20! 2 - 24,508* 2011 - 20,797*

êstimate from daily reporting & excludes fitness swimmers/private party participants

Season Passes

2018- 21 student/single passes

236 family passes

2016- II student/singie passes

234 family passes

2014" 26 student/single adult passes

204 family passes

2012- 22 student/single aduit passes

165 family passes

2017- 17 student/single passes

220 family passes

2015- 25 student/single adult passes

228 family passes

2013- 3! student/single adult passes

156 family passes

201 ! - 17 student/single aduit passes

142 family passes

Revenue/Expenses

Revenue Expenses Capita! Expenses201820!7201620152014

$158.800$169414$173,634$174,095$155,901

$500,498$430,323$411,142$433,639$373,526

$99,318$26.623$32,925$46,299$32,574

Visiting Groups

We continued to host numerous groups from the area, many of which visit annually.

Groups attended from southern Minnesota and northern Iowa.

F/7. L

CITY OF FAIRMONTPhone (507) 238-9461

100 Downtown Plazawww.fatrmont.org

Fairmont, MN 56031Fax (507) 238-9469

Birthday Parties

The Aquatic Park planned and hosted 9 birthday parties, 3 of which were for twins or

siblings. Two of the parties hosted are returning clients from last year. We have

received positive comments regarding the overall presentation and theme

fncorporation.

Swimming Lessons

Participant participation levels are listed below.

2018-422* 2017-466* 2016-521 2015-455*

*Exdudes private lessons held & lifeguard training enrollments

2014-519

Other Classes

In addition to offering sessions of swimming lessons, the Aquatic Park offered swim

team (in partnership with the Girl Scouts of America), tiny tot swims, private swimming

lessons, waterpark lifeguard training and recertificadon classes. We offered numerous

fitness classes consisting of early morning iap swim, water aerobics and deep-water

walking classes.

StaffingDuring 2018, we employed 97 seasonal staff members, consisting of lifeguards,

concession/guest services staff and management team members.

2019 Season

Operations for 2019 will closely mimic prior years, with a few changes/additions below:

~ Super slides have been gelied and clear coated. The "painters were impressed by the age of

our slides and the minimal repairs necessary. They confirmed that our diligence in ensuring no

metal down the slides" attributed to their good condition.

~ In-water yoga may be offered as an additional fitness option We are working out the details.

- We wili be working with our products suppliers in hopes to add additional options to our

menu in hopes for added revenue,

~ Rates of daily admission, fitness classes, other swim events will be increasing this year. Our

season pass structure and pricing will be changing as well. A brief listing is below

Daily Admission: $6 Fitness Classes: $3

Memberships: Student $75 Aduk: $95 Family, up to 5 members: $175*

âdditional $25 per member

Thank you for your continued support. See you this summer at the AP!

Y 0 F/^

CITY OF FAIRMONT—-AGENDA CONTROL SHEET-—AGENDA ITEM NO. 15.1


SUBJECT: Call for public hearing concerning submittal of an application to the MinnesotaDepartment of Employment and Economic Development for a grant under the Minnesota

Investment Fund (MIF) program.

REVIEWED BY: Mike Humpal, CEcD, City Administratp^ //


Petition x Board x Staff Council Commission Committee

SUBJECT BACKGROUND: Linsey Preuss, Economic Development Coordinator


COUNCIL LIAISON: Bruce Peters and Tom Hawkins

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1st Reading(Introduction only)Ordinance 2"t! Reading

(Roll call)

xResolution (Roll Call)Set Public Hearing (Motion)


Discussion

Information Only


x City Staff x Board Commission Committee

Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: To submit an application to DEED for a grant under the Minnesota InvestmentFund (MIF) program to assist with the expansion ofZierke Built Manufacturing to be used forfinancing equipment and the creation of jobs.

MOTION: To call for a public hearing to be held April 22, 2019 at 5:30 p.m. in the FairmontCity Hall Council Chambers for the consideration of submitting an application to DEED to assistZierke Built Manufacturing with their business expansion.

VOTE REQUIRED: Simple majority

ATTACHMENTS:1. Public Hearing Notice2.

3.


/?.

Notice of Public Hearing

Notice is hereby given that on April 22, 2019 at 5:30 p.m., Fairmont City Hall Council Chambers; theCity of Fairmont will hold a public hearing concerning submittal of an application to the MinnesotaDepartment of Employment and Economic Development for a grant under the Minnesota Investment

Fund (M1F) program.

The City ofFairmont is requesting approximately $300,000 to assist with the expansion ofZierke BuiltManufacturing, Inc. The funds will be used for the creation of jobs.

All interested parties are invited to attend the public hearing at which time you will be given theopportunity to express comments on the project.

Written testimony will also be accepted at the public hearing. Written comments must be received byApril 19, 2019 at 4:30 p.m. at 100 Downtown Plaza, Fairmont, MN 56031. Specific questions can bedirected to Linsey Preuss at 507-238-3925

The City ofFairmont, Minnesota makes reasonable accommodation for any known disability and to meetthe needs of non-English speaking residents that may interfere with a person's ability to participate in thispublic hearing. Persons needing an accommodation must notify City Clerk, Patricia Monsen at 507-238-3935 no later than April 19, 2019 to allow adequate time to make needed arrangements.

BY ORDER OF THE CITY OF FAIRMONT

/s/ Patricia J. Monsen


<ô.

CITY OF FAIRMONT-—AGENDA CONTROL SHEET—AGENDA ITEM NO. 15.2


SUBJECT: 2019 Bond Issue

REVIEWED BY: Mike Humpal, CEcD, City Administrat^


Petition Board Staff Council Commission Committee

SUBJECT BACKGROUND: Paul Hoye, Finance Director

INTRODUCED BY: Paul Hoye, Finance Director

TYPE OF ACTION:

x Motion (Voice Vote)


(Introduction only)Ordinance 2nd Reading(Roll call)

x Resolution (Roll Call)Set Public Hearing (Motion)


Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The City will be issuing bonds this year to finance the 2019 ImprovementProgram. Staff would like to use Northland Securities as its financial advisor for advice on the

stmcture, terms, timing and other matters related to the issuance of General Obligation

Improvement Bonds.

MOTION #1: To approve the Financial Advisory Service Agreement with NorthlandSecurities.

VOTE REQURED: Simple majority

MOTION #2: To adopt Resolution # 2019-11, providing for the sale of $2,725,000 GeneralObligation Improvement Bonds, Series 2019A.

VOTE REQUIRED: Simple majority - Roll call

ATTACHMENTS:1. Financial Advisory Service Agreement2. Bond Sale Authorization Resolution 2019-11

3. Finance Plan


^.f.

MUNICIPAL ADVISORY SERVICB AGREEMENTBY AND BETWEEN

THE CITY OF FAIRMONT/ MINNESOTAAND

NORTHLAND SECURITIES/ INC.

This Agreement made and entered into by and between the City of Fairmont/ Minnesota (hereinafter"City") and Northland Securities/ Inc./ of Minneapolis/ Minnesota (hereinaifter "NSf).

WITNESSETH

WHEREAS/ the City desires to have NSI provide it with advice on the sb'ucture/ terms/ timing andofher matters related to the issuance of the General Obligation Improvement Bonds/ Series 2019A(the "Debt") serving in the role of municipal (fmancial) advisor/ and

WHEREAS/ NSI is a registered municipal advisor with both the Securities and ExchangeCommission ("SEC") and the Municipal Securities Rulemaking Board ("MSRB") (registration # 866-00082-00), and

WHEREAS/ NSI will act as municipal advisor in accordance with the duties and responsibilities ofRule G-42 of the MSRB/ and

WHEREAS/ the MSRB provides a municipal advisory client biochure on its website (www.msrb.org)that describes tiie protections that may be provided by the MSRB rules/ including professionalcompetency/ fair dealing/ duty of loyalty/ remedies for disputes and how to file a complaint with anappropriate regulatory authority/ and

WHEREAS/ the City. and NSI are entering into tliis Agreement to define die municipal advisoryrelationship at the earliest opportunity related to the inception of the municipal advisory relationsNpfor the Debt/ and

WHEREAS/ NSI desires to furnish services to the City as hereinafter described/

NOW/ THEREFORE/ it is agreed by and between the parties as follows:

SERVICES TO BE PROVIDED BY NSI

NSI shall provide the City with services necessary to analyze/ sh-ucfcure/ offer for sale and close theDebt. The services will be tailored to meet the needs of this engagement and may include;

Planning and Development

1. Assist City officials to define the scope and the objectives for the Debt2. Investigate and consider reasonably feasible financing alternatives.3. Assist the City in understanding the material risks/ potential benefits/ stmch.ire and other

characteristics of the recommended plan for the Debt/ including issue structure/ estimated debt

<A3..

Municipal Advisory Service Agreement

service payments/ projected revenues/ method of issuance/ bond rating/ sale timing/ and call

provisions,

4. Prepare a schedule of events related to the issuance process,

5. Coordinate with bond counsel any actions needed to authorize the issuance of the Debt.

6. Attend meefcmgs of the City Council and other project and bond issue related meetings as neededand as requested.

Bond Sale

1. Assist the City with the preparation/ review and approval of the preliminary official statement

(POS).2. Assist the City and bond counsel with preparing and publishing the Official Notice of Sale if

required by law.3. Prepare and submit application for bond rating(s) and assist the City wifh furnishing the rating

agency(s) with any additional information required to conduct the rating review. Assist the Citywith preparing and conducting the rating call or other presentation.

4. Assist the City m receiving the bids/ compute the accuracy of the bids received/ and recommendto the City the most favorable bid for award.

5. Coordinate with bond counsel the preparation of required contracts and resolutions.

Post-Sale Support

1. Assist Uie City with the preparation of final official statement/ distribution to the underwriter andposting on EMMA.

2. Coordinate the bond issue closing/ including making all arrangements for bond printing/regish'ation/ and delivery.

3. Furnish to the City a complete transcript of the transaction/ if not provided by bond counsel.

There are no specific limitations on the scope of this agreement.

COMPENSATION

For providing these services with respect to the Debt/ NSI shall be paid a lump sum of $18/460. Thefee due to NSI shall be payable by the City upon the closing of the Bonds.

NSI agrees to pay the following expenses from its fee:

o Out-of-pocket expenses such as travel/ long distance phone/ and copy costs.

• Production and distribution of material to rating agencies and/or bond insurance companies.» Preparation of the bond transcript.

The City agrees to pay for all other expenses related to the processing of the bond issue(s) mcluding/but not limited to/ the following:

« Engineering and/or architectural fees.

• Publication of legal notices.» Bond counsel mid local attorney fees.

» Fees for various debt certificates.

• The cost of printing Official Statements, if any,» City staff expenses.

a Airfare and lodging expenses of one NSI official and City officials when and if traveling forrating agency presentations.

» Rating agency fees/ if any.

2

^3.


• Bond insurance fees/ if any.

« Accounting and other related fees.

It is expressly understood that there is no obligation on the part of the City under the terms of thisAgreement to issue the Debt. If the Debt is not issued/ NSI agrees to pay its own expenses andreceive no fee for any municipal advisory seivices it has rendered pursuant to this Agreement.

CONFLICTS OF INTEREST

NSI is not aware of any material conflicts of mterest thai. could reasonably be anticipated to unpair

NSFs ability to provide advice to or on behalf of the City m accordance with the standards of conduct

for municipal advisors.

The compensation for services provided in this Agreement is customary in the municipal securities

market/ but may pose a conflict of interest. Since the fee is payable at closing and only if the Debt is

issued/ NSI may have an incentive to encourage issuance. Compensation linked to the size of the

transaction may provide incentive to increase the amount of die Debt. Compensation considerations

wiU not impair NSI/s ability to provide unbiased and competent advice or to fulfill its fiduciary duty

to the City. In executing this Agreement/ the City acknowledges and accepts die potential conflicts of

interest posed by the compensation to NSL

Northland Capital Holdings is the parent company of NSL Another subsidiary of Northland Capital

Holdings is Northland Trust/ Inc. Norfchland Trust provides paying agent services to issuers of

municipal bonds. The City is solely responsible for the decision on the source of paying agent

services. Any engagement of Northland Trust is outside the scope of this Agreement. No

compensation paid to Northland Trust is shared with NSI.

NSI does not provide executive search/ organizational development/ compensation systems or other

management consulting services that may directly or indirecdy affect City staff that recommend the

engagement of municipal advisor services and may pose a confUct of interest.

LEGAL AND DISCIPLINARY ACTIONS

There are no legal or disciplinary events reported by the Securities and Exchange Commissioncontained in Form MA or Form MA-I. The City cax\ fmd mformation about these forms and accessinginformation related to NSI at www.sec.gov/munidpal/oms-edgar-lmks.

SUCCESSORS OR ASSIGNS

The terms and provisions of this Agreement are binding upon and inure to the benefit of the Cityand NSI and their successors or assigns.

^


TERM OF THIS AGREEMENT

This Agreement may be terminated by thirty (30) days written notice by either the City or NS1 and itshall tcnninate sixty (60) days following the closing date related to the issuance of the Debt.

Dated this 28fh day of March/ 2019.

Northland Securities/ Inc.

./?

/-; / ' *r- /' """7--"/

By: ////.^^^ A^-^

Michael Hart/ Managing Director

City of Fairmont/ Minnesota

By:

Its:

4

^5.

EXTRACT OF MINUTES OF A MEET^GOF THE CITY COUNCIL

CITY OF FAIRMONT, MINNESOTA

HELD: April 8, 2019

Pursuant to due call and notice thereof, a regular or special meeting of the City Council

of the City ofFairmont, Martin County, Minnesota, was duly held at the City Hall on April 8,2019, at 5:30 P.M. for the purpose in part of authorizing the competitive negotiated sale of the

$2,725,000 General Obligation Improvement Bonds, Series 2019A.

The following members were present:

and the following were absent:

Member _ introduced the following resolution and moved its adoption:

RESOLUTION 2019-11RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF

GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A

A. WHEREAS, the City Council of the City ofFairmont, Minnesota (the "City"), hasheretofore determined that it is necessary and expedient to issue General ObligationImprovement Bonds, Series 2019A (the "Bonds ) to finance various improvement projects in the

City; and

B. WHEREAS, the City has retained Northland Securities, Inc., in Minneapolis,

Minnesota ("Northland"), as its independent municipal advisor and is therefore authorized to sell

the Bonds by competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60,

Subdivision 2(9); and

C. WHEREAS, the City has retained Briggs and Morgan, Professional Association,in Minneapolis, Minnesota as its bond counsel for purposes of this financing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofFairmont,Minnesota, as follows:

1. Authorization. The City Council hereby authorizes Northland to solicit proposalsfor the competitive negotiated sale of the Bonds.

2. Meeting; Proposal Opening. The City Council shall meet at the time and place

specified in the Notice of Sale, in substantially the form attached hereto as Exhibit A, for thepurpose of considering sealed proposals for and awarding the sale of the Bonds. The Finance

Director, or designee, shall open proposals at the time and place specified in the Notice of Sale.

11623207vl>•

3. Notice of Sale. The terms and conditions of the Bonds and the negotiation thereof

are in substantially the form set forth in the Notice of Sale attached hereto as Exhibit A andhereby approved and made a part hereof.

4. Official Statement. In connection with the competitive negotiated sale of the

Bonds, the City Clerk and other officers or employees of the City are hereby authorized tocooperate with Northland and participate in the preparation of an official statement for the

Bonds, and to execute and deliver it on behalf of the City upon its completion.

Motion by:Seconded by:All in Favor:Opposed:Abstained:Absent:

ADOPTED by the Council on this 5th day of April 2019


ATTEST:

Patricia J. Monsey, City Clerk

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11623207vl

STATE OF MINNESOTACOUNTY OF MARTINCITY OF FAIRMONT

I, the undersigned, being the duly qualified and acting City Clerk of the City ofFairmont,

Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of

minutes with the original thereof on file in my office, and that the same is a full, true and

complete transcript of the minutes of a meeting of the City Council duly called and held on the

date therein indicated, insofar as such minutes relate to the City's $2,725,000 General Obligation

Improvement Bonds, Series 2019A.

WITNESS my hand on _,2019.

Patricia J. Monsen,City Clerk

lt623207vl ^.

EXHIBIT A

NOTICE OF SALE

$2,725,000*GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A

CITY OF FAIRMONT, MINNESOTA(Book-Entry Only)

NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms;

TIME AND PLACE:

Proposals (also referred to herein as "bids") will be opened by the City's Finance Director, or designee, onMonday, May 13, 2019, at 11:00 A.M., CT, at the offices ofNorthland Securities, Inc. (the City's "MunicipalAdvisor"), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals

for award of the sale will be by the City Council at its meeting at the City Offices beginning Monday, May 13,2019 at 5:30 P.M.,CT.

SUBMISSION OF PROPOSALS

Proposals may be:a) submitted to the office ofNorthland Securities, Inc.,b) faxed to Northland Securities, Inc. at 612-85 1 -5918,

c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to NorthlandSecurities, Inc. by telephone at 612-851-5900 or 612-851-5915, or

d) submitted electronically.

Notice is hereby given that electronic proposals will be received via PARITY , or its successor, in the manner

described below, until 11:00 A.M., CT, on Monday, May 13, 2019. Proposals may be submitted electronicallyvia PARITY or its successor, pursuant to this Notice until 11:00 A.M.) CT, but no Proposal will be received

after the time for receiving Proposals specified above. To the extent any instructions or directions set forth inPARITY , or its successor, conflict with this Notice, the terms of this Notice shall control. For furtherinformation about PARITY , or its successor, potential bidders may contact Northland Securities, Inc. or i-

Deal® at 1359 Broadway, 2nd floor, New York, NY 10018, telephone 212-849-5021.

Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY orits successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the

bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted.

BOOK-ENTRY SYSTEM

The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates

made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the

aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co.as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities

depository of the Bonds.

The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will bemade in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also beadjusted to maintain the same gross spread.

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H623207vl tf^h7.

Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of asingle maturity through book entries made on the books and records ofDTC and its participants. Principal and

interest are payable by the City through the City s Finance Director, City ofFairmont, Minnesota (the "PayingAgent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest

payments to participants ofDTC will be the responsibility ofDTC; transfer of principal and interest payments

to beneficial owners by participants will be the responsibility of such participants and other nominees ofbeneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to depositthe bond certificates with DTC. The City will pay reasonable and customary charges for the services of the

Paying Agent/Registrar.

DATE OF ORIGINAL ISSUE OF BONDS

Date of Delivery (Estimated to be June 6, 2019)

AUTHORITY/PURPOSE/SECURITY

The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds will be used to

finance various improvement projects within the City. The Bonds are payable from special assessments

against benefited property and additionally secured by ad valorem taxes on all taxable property within the City.The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levyad valorem taxes in the event of any deficiency in the debt service account established for this issue.

INTEREST PAYMENTS

Interest is due semiannually on each March 1 and September 1, commencing March 1, 2020, to registered

owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day

(whether or not a business day) of the calendar month preceding such interest payment date.

MATURITIES

Principal is due annually on March 1, inclusive, in each of the years and amounts as follows:

Year

20212022202320242025

Amount

$155,000160,000160,000165,000170,000

Year

20262027202820292030

Amount

$170,000175,000180,000185,000190,000

Year

20312032203320342035

$190,000195,000205,000210,000215,000

Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and

term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject tomandatory redemption in each year conforms to the maturity schedule set forth above.

INTEREST RATES

All rates must be in integral multiples of 1,20th or 1,8th of 1%. Rates nmst be m level or ascending order. AllBonds of the same maturity must bear a single uniform rate from date of issue to maturity.

ESTABLISHMENT OF ISSUE PRICE(HOLD-THE-OFFERING-PRICE RULE MAY APPLY - BIDS NOT CANCELLABLE)

The winning bidder shall assist the City in establishing the issue price of the Bonds and shall execute anddeliver to the City at closing an "issue price" or similar certificate setting forth the reasonably expected initial

offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wiresor equivalent communications, substantially in the form attached hereto as Exhibit A, with such modifications

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11623207vl <&s^L/t

as may be appropriate or necessary, in the reasonable judgment of the winning bidder, the City and BondCounsel. All actions to be taken by the City under this Notice of Sale to establish the issue price of the Bonds

may be taken on behalf of the City by the City's Municipal Advisor and any notice or report to be provided tothe City may be provided to the City's Municipal Advisor.

The City intends that the provisions of Treasury Regulation Section 1.148-l(f)(3)(i) (defining "competitivesale" for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (thecompetitive sale requirements") because:

(1) the City shall disseminate this Notice of Sale to potential underwriters in a manner that is reasonablydesigned to reach potential underwriters;

(2) all bidders shall have an equal opportunity to bid;(3) the City may receive bids from at least three underwriters of municipal bonds who have established

industry reputations for underwriting new issuances of municipal bonds; and

(4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchasethe Bonds at the highest price (or lowest cost), as set forth in this Notice of Sale.

Any bid submitted pursuant to this Notice of Sale shall be considered a firm offer for the purchase of the

Bonds, as specified in the bid.

In the event that the competitive sale requirements are not satisfied, the City shall promptly so advise thewinning bidder. The City may then determine to treat the initial offering price to the public as of the awarddate of the Bonds as the issue price of each maturity by imposing on the winning bidder the Hold-the-Offering-Price Rule as described in the following paragraph (the "Hold-the-Offering-Price Rule"). Bids will not besubject to cancellation in the event that the City determines to apply the Hold-thc-Offering-Pricc Rule to theBonds. Bidders should prepare their bids on the assumption that the Bonds will be subject to the Hold-

the-Oftering-Pricc Rule in order to establish the issue price of the Bonds.

By submitting a bid, the winning bidder shall (i) confirm that the underwriters have offered or will offer theBonds to the public on or before the date of award at the offering price or prices (the "Initial Offering Price"),or at the corresponding yield or yields, set forth in the bid submitted by the winning bidder and (ii) agree, onbehalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer

nor sell unsold Bonds of any maturity to which the Hold-the-Offering Price Rule shall apply to any person at aprice that is higher than the Initial Offering Price to the public during the period starting on the award date forthe Bonds and ending on the earlier of the following:

(1) the close of the fifth (5th) business day after the award date; or(2) the date on which the underwriters have sold at least 10% of a maturity of the Bonds to the public at a

price that is no higher than the Initial Offering Price to the public (the "10% Test"), at which time onlythat particular maturity will no longer be subject to the Hold-the-Offering-Price Rule.

The City acknowledges that, in making the representations set forth above, the winning bidder will rely on (i)the agreement of each underwriter to comply with the requirements for establishing issue price of the Bonds,

including, but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to

the Bonds, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event aselling group has been created in connection with the initial sale of the Bonds to the public, the agreement of

each dealer who is a member of the selling group to comply with the requirements for establishing issue priceof the Bonds, including but not limited to, its agreement to comply with the Hold-the-Offermg-Price Rule, if

applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (iii) in the

event that an underwriter or dealer who is a member of the selling group is a party to a third-party distributionagreement that was employed in connection with the initial sale of the Bonds to the public, the agreement ofeach broker-dealer that is a party to such agreement to comply with the requirements for establishing issue

price of the Bonds, including, but not limited to, its agreement to comply with the Hold-the-Offering-Price

Rule, if applicable to the Bonds, as set forth in the third-party distribution agreement and the related pricingwires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with

its agreement regarding the requirements for establishing issue price of the Bonds, including but not limited to,its agreement to comply with the Hold-the-Offering-Price Rule, if applicable to the Bonds, and that nounderwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a

A-3

H 623207V 1 ^?/'

selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with itscorresponding agreement to comply with the requirements for establishing issue price of the Bonds, including,but not limited to, its agreement to comply with the Hold-the-Offering-Price Rule if applicable to the Bonds.

By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling groupagreement and each third-party distribution agreement (to which the bidder is a party) relating to the initial saleof the Bonds to the public, together with the related pricing wires, contains or will contain language obligatingeach underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to

such thh'd-party distribution agreement, as applicable, (A) to comply with the Hold-the-Offering-Price Rule, ifapplicable if and for so long as directed by the winning bidder and as set forth in the related pricing wires, (B)to promptly notify the winning bidder of any sales of Bonds that to its hiowledgc, are made to a purchaserwho is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such

term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the underwriter,dealer or broker-dealer, the winning bidder shall assume that each order submitted by the underwriter, dealer

or broker-dealer is a sale to the public, and (ii) any agreement among underwriters or selling group agreementrelating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will

contain language obligating each underwriter or dealer that is a party to a third-party distribution agreement tobe employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a

party to such retail distribution agreement to comply with the Hold-the-Offering-Price Rule, if applicable, ineach case if and for so long as directed by the winning bidder or the underwriter and as set forth in the related

pricing wires.

Notes: Sales of any Bonds to any person that is a related party to an widenvriter participating m the imtialsale of the Bonds to the public (each such term being nsecf as defined below) shall not constitute sales to the

public for purposes of this Notice of Sale. Further, for purposes of this Notice of Sale:(1) "public " means any person other than an zmdenwiter or a related party,(2) "tindenvnter" means (A) any person that agrees pursuant to a written contract with the City (or with

the lead undenvriter to form an uncfenvnfmg syndicate) to participate in the initial sale of the Bondsto the public and (B) any person that agrees pursuant to a written contract directly or indirectly with

a person described in clause (A) to participate in the initial sale of the Bonds to the public (includinga member of a selling group or a party to a third-party distribution agreement participating m the

midal sale of the Bonds to the public).(3) a purchaser of any of the Bonds is a "related party" to an undefwriter if the undenvnler and the

purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the votingpower or the total value of their stock, if both entities are corporations (inchidmg direct ownership byone corporation or another), (B) more than 50% common ownership of their capital interests orprofits interests, if both entities are partnerships (mclndmg direct ownership by one partnership ofanother), or (C) more than 50% common ownership of the value of the outstanding stock of the

corporation or the capital interests or profit interests of tke partnership, as applicable, if one entity is

a corporation and the other entity is a partnership (including direct ownership of the applicable stock

or interests by one entity of the other), and(4) "sale date " means the date that the Bonds are awarded by the City to the wmnmg bidder.

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H623207vl ^!^'

ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS

The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase ordecrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the

purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made

promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of theCity. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any

reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon thesuccessful bidder.

OPTIONAL REDEMPTION

Bonds maturing on March 1, 2028 through 2035 are subject to redemption and prepayment at the option of the

City on March 1, 2027 and any date thereafter, at a price of par plus accrued interest. Redemption may be inwhole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal

amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bondshaving a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by

lot by the Bond Registrar.

CUSIP NUMBERS

If the Bonds qualify for assignment ofCUSIP numbers such numbers will be printed on the Bonds, but neitherthe failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a

failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordancewith terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP

identification numbers shall be paid by the successful bidder.

DELIVERY

Delivery of the Bonds will be within thirty days after award, subject to an approving legal opinion by Briggsand Morgan, Professional Association, Bond Counsel. The legal opinion will be paid by the City and delivery

will be anywhere in the continental United States without cost to the successful bidder at DTC.

TYPE OF PROPOSAL

Proposals of not less than $2,690,937.50 (98.75%) and accrued interest on the principal sum of $2,725,000

must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to

legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to:

Paul Hoye, Finance Director100 Downtown Plaza

Fairmont, Minnesota 56031

A good faith deposit (the "Deposit") in the amount of $54,500 in the form of a federal wire transfer (payable tothe order of the City) is only required from the apparent winning bidder, and must be received within twohours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification

of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from

the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceedto offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder

wires funds for the Deposit amount within two hours of said offer.

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11623207v{ »-^.

The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlementand no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the

accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time setfor receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed,or continued to another date without award of the Bonds having been made.

AWARD

The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost

(TIC) basis. The City's computation of the interest rate of each Proposal, in accordance with customary

practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City willreserve the right to: (1) waive non-substantive informalities of any Proposal or of matters relating to the receipt

of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal whichthe City determines to have failed to comply with the terms herein.

INFORMATION FROM SUCCESSFUL BIDDER

The successful bidder will be required to provide, in a timely manner, certain information relating to the initialoffering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the

Internal Revenue Code of 1986, as amended.

OFFICIAL STATEMENT

By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the Cityagrees that, no more than seven business days after the date of such award, it shall provide to the seniormanaging underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an

electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB).

FULL CONTINUING DISCLOSURE UNDERTAKING

The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing DisclosureUndertaking to provide, or cause to be provided, annual financial information, including audited financial

statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12.

BANK QUALIFICATION

The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of theInternal Revenue Code of 1986, as amended.

BOND INSURANCE AT UNDERWRITERS OPTION

If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the

option of the successful bidder, the purchase of any such insurance policy or the issuance of any suchcommitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the

costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder,

except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will paythat rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the

municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall notconstitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds.

The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale.

A-6

H623207vl ^>f.

Dated: April 8, 2019 BY ORDER OF THE FAIRMONT CITY COUNCIL

/s/ Paul HoyeFinance Director

Additional information may be obtained from:

Northland Securities, Inc.150 South 5th Street, Suite 3300M.inneapolis, Minnesota 55402Telephone No.: 612-851-5900

A-7

tl623207vl »«5D<

EXHIBIT A

(ISSUE PRICE CERTIFICATE - COMPETITIVE SALE SATISFIED)

The undersigned, on behalf of _ (the "Underwriter"), herebycertifies as set forth below with respect to the sale of the General Obligation Improvement Bonds, Series2019A (the "Bonds") of the City ofFairmont, Minnesota (the "Issuer").

1. Reasonably Expected Initial Offering Price.

(a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Publicby the Underwriter are the prices listed in Schedule A (the "Expected Offering Prices"). The ExpectedOffering Prices are the prices for the Maturities of the Bonds used by the Underwriter in formulating its bid topurchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by the Underwriter

to purchase the Bonds.

(b) The Underwriter was not given the opportunity to review other bids prior to submitting itsbid.

(c) The bid submitted by the Underwriter constituted a firm offer to purchase the Bonds.

2. Defined Terms.

(a) "Maturity" means Bonds with the same credit and payment terms. Bonds with different

maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separateMaturities.

(b) "Public" means any person (including an individual, trust, estate, partnership, association,

company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related

party" for purposes of this certificate generally means any two or more persons who have greater than 50

percent common ownership, directly or indirectly.

(c) "Sale Date" means the first day on which there is a binding contract in writing for the sale of

a Maturity of the Bonds. The Sale Date of the Bonds is

(d) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer

(or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds tothe Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a persondescribed in clause (1) of this paragraph to participate in the initial sale of the Bonds to the Public (including amember of a selling group or a party to a retail distribution agreement participating in the initial sale of theBonds to the Public).

The representations set forth in this certificate are limited to factual matters only. Nothing in this

certificate represents the Underwriters interpretation of any laws, including specifically Sections 103 and 148of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersignedunderstands that the foregoing information will be relied upon by the Issuer with respect to certain of the

representations set forth in the Nonarbitrage Certificate and with respect to compliance with the federal income

tax rules affecting the Bonds, and by Briggs and Morgan, Professional Association, Bond Counsel inconnection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal

income tax purposes, the preparation of the Internal Revenue Service Form 803 8-G, and other federal incometax advice that it may give to the Issuer from time to time relating to the Bonds.

Dated: ,2019.

A-8

11623207vl ^(ft ,

By:.

Its:

(ISSUE PRICE CERTIFICATE - HOLD THE PRICE)

The undersigned, on behalf of_ (the "Underwriter"), on behalfof itself, hereby certifies as set forth below with respect to the sale and issuance of General ObligationImprovement Bonds, Series 2019A (the "Bonds") of the City of Fairmont, Minnesota (the "Issuer").

1. Initial Offering Price of the Bonds.

(a) The Underwriter offered each Maturity of the Bonds to the Public for purchase at therespective initial offering prices listed in Schedule A (the "Initial Offering Prices") on or before the Sale Date.A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as

Schedule B.

(b) As set forth in the Notice of Sale, the Underwriter has agreed In writing that, (i) for eachMaturity of the Bonds, it would neither offer nor sell any of the Bonds of such Maturity to any person at a

price that is higher than the Initial Offering Price for such Maturity during the Holding Period for suchMaturity (the "hold-the-offering-price rule"), and (ii) any selling group agreement shall contain the agreement

of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the

agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-

the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any

Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of theBonds during the Holding Period.

2. Defined Terms.

(a) "Holding Period" means, for each Maturity of the Bonds, the period starting on the Sale Date

and ending on the earlier of (i) the close of the fifth business day after the Sale Date (_), or

(ii) the date on which the Underwriter has sold at least 10% of such Maturity of the Bonds to the Public atprices that are no higher than the Initial Offering Price for such Maturity.

(b) "Maturity" means Bonds with the same credit and payment terms. Bonds with different

maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate

Maturities.

(c) "Public" means any person (including an individual, trust, estate, partnership, association,

company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related

party" for purposes of this certificate generally means any two or more persons who have greater than 50

percent common ownership, directly or indirectly.

(d) "Sale Date" means the first day on which there is a binding contract in writing for the sale of

a Maturity of the Bonds. The Sale Date of the Bonds is _,2019.

(e) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer

(or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to

the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person

described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a

A-9

11623207vl ^3' /•

member of a selling group or a party to a retail distribution agreement participating in the initial sale of theBonds to the Public).

The representations set forth in this certificate arc limited to factual matters only. Nothing in thiscertificate represents the Representative's interpretation of any laws, including specifically Sections 103 and

148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. Theundersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain

of the representations set forth in the Nonarbitrage Certificate and with respect to compliance with the federalincome tax rules affecting the Bonds, and by Briggs and Morgan, Professional Association, Bond Counsel, in

connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal

income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal incometax advice that it may give to the Issuer from time to time relating to the Bonds.

Dated: _ ,2019

By:Its:

A-10

tl 623207V 1 ^5^.

Finance Plan

City of Fairmont, Minnesota

$2,725,000

General Obligation Improvement Bonds,

Series 2019A

April 8, 2019

..t fe-..

"^ ^ ,.^\^ SECURITIES

150 South 5th Street/ Suite 3300

Minneapolis/ MN 55402

612-851-5900 800-851-2920

www.northlandsecurities .corn

Member FINRA and SIFC | Registered with SEC and MSRB

^9.

Executive Summary...........................................................................................................................................^

Issue Overview.......................................................................-...."..........................".""""...........................""

Purpose..................................................................................."............................---....^

Authority..............................................................................................................."..."

Structure.................-...................................................."......................-....."..........^

Security and Source of Repayment ...„„...................^........................................................................... 2

Plan Rationale..........................................-...................................................-....."...................—^

Issuing Process.....................................................................................................................—^^

Attachment 1 - Pyeliminary Debt Service Schedule.....—............................................................................4

Attachment 2 - Preliminary 105% Levy Schedule...............................—......................................................5

Attachment 3 - Related Considerations „...„.„„„„......„............„...„...............„........„„.„............„.„......„...—...6

Bank Qualification...............................................................................................................

Arbitrage Compliance..........................................................................................................

Continuing Disclosure...................................................................................."-.......................»^

Preiniums................................................................................................................."..»

Rating..............................................................................................................^

Attachment 4 - Calendar of Events......................................-............................................................—..............8

Attachment 5-Risk Factors.....................................................-..........................-""..........................-..."...".........^

Northiand Securities, Inc. Page 2

^fo.

Executive Summary

The following is a summary of the recommended terms for the issuance of $2/725/000 General

Obligation Improvement Bonds/ Series 2019A (the "Bonds" or "2019A Bonds//). Additionalinformation on the proposed finance plan and issuing process can be found after the Executive

Summary/ in the Issue Overview and Attachment 3 - Related Considerations.

Purpose

Security

Repayment Term

Estimated Interest Rate

Prepayment- Option

Rating

Tax Status

Risk Factors

Type of Bond Sale

Proposals Received

Council Consideration

Proceeds from the Bonds will be used to fund the City s 2019

street improvement projects.

The Bonds will be a General Obligation of the City. The Citywill pledge for payment of the Bonds:• Special assessments collected from benefitted properties.

• Property tax levies.

The Bonds will mature annually each March 1 in the years 2021- 2035. Interest on the Bonds will be payable on March I/ 2020and semiannually thereafter on each September 1 and March 1.

Average coupon: 2.58%

True interest cost (TIC): 2.72%

Bonds maturing on and after March I/ 2028 will be subject toredemption on March I/ 2027 and any day thereafter at a priceof par plus accrued interest.

A rating will be requested from Moody s Investors Service(lV[oody/s). The City's general obligation debt is currently rated"Aa3" by Mood/s.

The Bonds will be tax-exempt/ bank qualified obligations.

There are certain risks associated with all debt Risk factorsrelated to the Bonds are discussed m Attachment 5.

Public Sale - Competitive Bids

Monday/ May 13, 2019 @ 11:00 A.M.

Monday/ May 13, 2019 @ 5:30 P.M.


¥/.Page 1

Issue Overview

Purpose

Proceeds from the Bonds will be used to fund the City/s street improvement projects. The Bonds

have been sized based on City estimates. Construction bids are expected at the end of April. The

table below contains the sources and uses of funds and preliminary interest rates for the bond

issue.

Sources OfFundsPar Amount of Bonds

Total Sources

Uses Of FundsDsgositJoProjectCoi^structioii FundDeposit to Capitalized Interest (GIF) FundCosts of Issuance

Toial Underwriter's Discount (1.250%)

Roiuiding Amount

Totsl Uses

$2,725,000.00

$2,7 25,00 0.00

2,600,000.00

47,734.9738,710.0034,062.504,492.53

$2,725,000.00

Authority

The Bonds will be issued pursuant to the authority of Minnesota Statutes/ Chapters 475 and 429.

Sh'ucture

The Bonds have been stmctured to result in relatively level annual debt service payments over

the life of the Bonds.

The proposed sti'ucture for the bond issue and preliminary debt service projections are

illustrated in Attachment 1.

Security and Source of Repayment

The Bonds will be general obligations of the City. The finance plan relies on the followingassumptions for the revenues used to pay debt service/ as provided by City staff:

• Special Assessments. The City is expected to levy special assessments against benefited

properties in the amount of $1/025/000 (Engineer's estimate as of Mach 20, 2019). Theassessments will be payable over 15 years/ wifch an interest rate of 1.5% over die average

coupon on the Bonds (currently assumed to be 4.00%), and structured for level annual

payments of principal and interest The assessments will be levied in 2019 for initial

payment in 2020.

• Property Taxes. The remaining revenues needed to pay debt service on the Bonds are

expected to come from property tax levies. The initial projections show an annual tax

levy/ averaging $139/930 annually/ is needed/ which includes the stahitory requirement of105% of debt service/ after accounting for assessments. The levy will be adjusted annuallybased on actual special assessment collections and additional monies in the debt service

fund. The initial tax levy will be made in 2019 for taxes payable in 2020.

The table in Attachment 2 shows the estimated flow of funds/ including the 5% overlevy.

Plan Rationale

The Finance Plan recommended in this report is based on a variety of factors and information

provided by the City related to the financed projects and City objectives/ Northland sknowledge of the City and our experience in working with similar cities and projects. Theissuance of General Obligation Improvement Bonds provides the best means of achieving ihe

Northland Securities/ Inc. Page 2

î.

City s objectives and cost effective financing. The City has successfully issued and managed thistype of debt for previous projects.

Issuing Process

Northland will receive bids from underwriters to purchase the Bonds on Monday/ May 13, 2019at 11:00 AM. Market conditions ai-id the marketability of the Bonds support issuance through acompetitive sale. This process has been chosen as it is intended to produce the lowest

combination of interest expense and underwriting expense on the date and time set to receive

bids. The calendar of events for the issuing process can be found in Attachment 4.

Municipal Advisor: Northland Securities/ Inc./ Minneapolis/ Minnesota

Bond Counsel: Briggs & Morgan/ P.A./ Minneapolis/ Minnesota

Paying Agent: City of Fairmont/ Minnesota

Northland Securities, Inc. Page 3

^3.

Attachment 1 " Preliminary Debt Service Schedule

Date Principal Coupon Interest Total P+I Fiscal Total

06/06/201903/01/202009/01/202003/01/202109/01/2021

155,000.00 1,750%

47,734.97

32,423.7532,423.7531,067.50

47,734.9732,423.75

187,423.7531,067.50

47,734.97

219,847.50

03/01/202209/01/202203/01/202309/01/202303/01/2024

160,000.00

160,000.00

165,000.00

1.800%

1.850%

1.900%

31,067.5029,627.5029,627.5028,147.5028,147.50

191,067,5029,627.50

189,627.5028,147.50

193,147.50

222,135.00

219,255.00

221,295.0009/01/202403/01/202509/01/202503/01/202609/01/202603/01/202709/01/202703/01/202809/01/202803/01/2029

170,000,00

170,000.00

175,000.00

!80,000,00

185,000,00

1.950%

2.050%

2.200%

2.300%

2.450%

26,580.0026,580.0024,922.5024,922.50

23,180.00

23,180.00

21,255.00

21,255.0019,185.0019J85.00

26,580.00

196,580.0024,922.50

194,922.5023J80.00

198J80.002i.255.00

201,255.0019,185.00

204,185.00

223,160.00

219,845.00

221,360.00

222,510.00

223,370.0009/01/202903/01/203009/01/203003/01/203 109/01/203103/01/203209/01/203203/01/203309/01/203303/01/2034

190,000,00

190,000.00

195,000.00

205,000.00

210,000.00

2.550%

2.650%

2.750%

2.850%

2.950%

16,918.7516,918.7514,496.2514,496,25

11,978.7511,978,759,297.50

9,297.506,376.25

6,376.25

16,918.75

206,918.7514,496.25

204,496.2511,978.75

206,978.759,297.50

214,297.506,376.25

216,376.25

True Interest Cosf (TIC)All Inclusive Cost (AIC)

223,837.50

218,992.50

218,957.50

223,595.00

222,752.5009/01/203403/01/2035 215,000.00

Total $2,725,000.00

Date And Term StructureDatedDelivery DateFirst available call dateCall Price

Yield StatisticsBond Year Dollars

Average Life

average Coupon

Net Interest Cost (NIC)

3.050%3,278.75

3,278.75

$645,204.97

3,278.75218,278.75

$3,370,204.97

221,557,50

6/06/2019"6/06/20193/01/2027100.000%

$24,980.909. i 67 Years

2.5827928%

2.7191470%2,7226607%2,9053354%

Northland Securities, Tnc,

^Page 4

Attachment 2 - Preliminary 105% Levy Schedule

Less:

Special

Equals:

Date

03/01/202003/01/202103/01/202203/01/202303/01/202403/01/202503/01/202603/01/202703/01/202803/01/202903/01/203003/01/203103/01/203203/01/203303/0 f ,203403/01/2035

Total

Total P+I

47,734.97219,847.50

222,135.00219,255.00221,295.00

223,160.00219,845.00221,360.00222,510.00223,370.00223,837.50218,992.50218,957,50223,595.00222,752.50221,557.50

$3,370,204.97

GIF 105% Levy(47,734,97)

230,839.88233,241.75

230,217.75232,359.75234,318.00230,837.25232,428,00233,635,50234.538,50235,029.38229,942.13229,905.38234,774,75233,890.13232,635.38

(47,734.97) $3,488,593.50

Revenues*

92,642.70

92,642.6992,642,70

92,642.69

92,642.69

92,642.71

92,642,69

92,642.6992,642.70

92,642.6992,642.7092,642.7092,642.7092,642,7092,642.70

$1,389,640.45

City Net Levy

138,197.18140,599.06137,575,05139,717.06141,675,31138,194.54139,785.31140,992.81141,895.80142,386.69137,299.43137,262,68142,132,05141,247.43139,992.68

$2,098,953.05

Levy

Year

201920202021202220232024202520262027202820292030203120322033

Collection

Year

202020212022202320242025202620272028202920302031203220332034

*Assumes $1,025>000 in principal spread in even payments for a term of 15 years with an

interest rate of 4,00%, which is 1.5% over the average coupon.


4S.Page 5

Attachment 3 - Related Considerations

Bank Qualification

We understand the City (in combination with any subordinate taxing jurisdictions or debtissued in the City's name by 501(c)3 corporations) anticipates issuing $10/000/000 or less in tax-exempt debt during this calendar year. Therefore the Bonds will be designated as bankqualified obligations pursuant to Federal Tax Law.

Arbitrage Compliance

The Bonds are expected to qualify for the "small issuer exemption related to arbitrage rebate.

Other aspects of arbitrage regulations will apply to fhe investment of bond proceeds and thedebt service fund.

Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate

requirements which require all arbitrage earned to be rebated to the U.S. Treasury. A rebate

exemption the City expects to qualify for is the "small issuer exemption because the Cityexpects to issue less than $5/000/000 of tax-exempt bonds/ including any 501(c)3 conduitfinancings/ in calendar year 2019.

Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or besubject to yield restriction in the debt service fund. A bona fide debt service fund involves an

equal matching of revenues to debt service expense with a balance forward permitted equal to

the greater of the investment earnings in the fund during fhafcyear or 1/12 of ihe debt service ofthat year.

The City should become familiar with the various Arbih-age Compliance requirements for thisbond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirementsin greater detail.

Continuing Disclosure

Type: FullDissemination Agent: Northland Securities

The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primaryrequirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligenceneeded prior to the underwriter s purchase of municipal securities. Part of this requirement is

obtaining commitment from the issuer to provide continuing disclosure. The document

describing the continuing disclosure commitments (the "Undertaking") is contained m theOfficial Statement that will be prepared to offer the Bonds to investors.

The City has more than $10/000/000 of outstanding debt and is required to undertake //fuU/continuing disclosure. Full disclosure requires annual posting of the audit and a separate

continuing disclosure report/ as well as the reporting of certain "material events/" Material

events set forth in the Rule/ including/ but not limited to/ bond rating changes/ call notices/ and

issuance of "financial obligations" (such as PFA loans or bank placements) must be reported

within ten business days of occurrence. The report contains annual financial informatton and

operating data that "mirrors" material information presented in the Official Statement. The

specific contents of the annual report will be described in the Undertaking that appears in theappendix of ^he Official Statement Northland currently serves as dissemination agent for theCity/ assisting with the annual reporting. The information for die Bonds will be incorporated

into our reporting.


^.

Premiums

In the current market environment/ it is likely that bids received from underwriters will include

premiums. A premium bid occurs when the purchaser pays the City an amount in excess of die

par amount of a mahirity in exchange for a higher coupon (interest rate). The use of premiums

reflects fhe bidder's view on future market conditions/ tax considerations for investors and

other factors. Ultimately/ the true interest cost (//TIC//) calculation will determine the lowest bid/

regardless of premium.

A premium bid produces additional funds that can be used in several ways:

• The premium means that the City needs less bond proceeds and can reduce the size of

the issue by the amount of die premium.

• The premium can be deposited in the Construction Fund and used to pay additionalproject costs/ rather than used to reduce the size of the issue.

* The premium can be deposited in due Debt Service Fund and used to pay principal andinterest.

Northland will vrork with City staff on the sale day to determine use of premium (if any).

Rating

A rating will be requested from Moody's Investors Service (Moody's). The City's generalobligation debt is currently rated "Aa3" by Moody s. The rating process will include aconference call with the rating analyst. Northland will assist City staff in preparing for andconducting the rating call.


^•7.

Attachment 4 " Calendar of Events

';;Surit|.

310172431

:|Mon\

4111825

^,?ei

5121926

Gêî

6132027

;;^^

7142128

517ti1J;18

152229

^Sat.;i

29

162330

SI;.iS?f

5121926

Mpn

6132027

l?/Tue?

7142128

WM18

152229

:Mu||29

162330

^3

10172431

^Sat^4

111825

?Su^

7142128

Mlônl

18

152229

^29

162330

Wed3

101724

'^Wli4

111825

'^w.

5121926

^:;!6

132027

LSuii

162330

Moiy;| ^Tue?C[;Wed; |itThu

101724

111825

121926

132027

^Friis

142128

ISat^

152229

wMarch 25t!l

April 1st

April 8th

April 9th

Week of April 22nd

April

May 6th

May 13th

June 6*h

City Holds Improvement Hearing

Set Sale Resolution Sent to City for Council Packets

Finance Plan Sent to the City

Set Sale Resolution for Bonds Adopted

Preliminary Official Statement Sent to City for Sign Offand to Rating Agency

Rating Conference Call

Construction Bids Received

Rating Received

Bond Sale -11:00 A.M.Authorizing Resolution Adopted - 5:30 p.m.

Closing on the Bonds (Proceeds available)

Cify Council Action

Northland/ BondCounsel

City Council Action/Northland, Bond

Counsel

Northland/ City

Northland, City/Ratmg Agency

City

Rating Agency, City/Northland

City Council Action,Northland/ BondCounsel

Northland, City Staff/Bond Counsel


^Page 8

Attachment 5 - Risk Factors

Property Taxes: Property tax levies shown in this Finance Plan are based on projected debtservice and other revenues. Final levies will be set based on the results of sale. Levies should be

reviewed annually and adjusted as needed. The debt service levy must be included in the

preliminary levy for annual Truth in Taxation hearings. Future Legislative changes in the

property tax system/ including the imposition of levy limits and changes in calculation ofproperty values/ would affect plans for payment of debt service. Delinquent payment of

property taxes would reduce revenues available to pay debt service.

Special Assessments: Special assessments for die financed project have not been levied at this

time. This Finance Plan is based on the assumptions listed earlier in this report. Changes in the

terms and timing for the actual assessments will alter the projected flow of funds for payment ofdebt service on the Bonds. Also/ special assessments may be prepaid. It is likely that the income

earned on die investment of prepaid assessments will be less than the interest paid if the

assessments remained outstanding. Delinquencies in assessment collections would reduce

revenues needed to pay debt service. The collection of deferred assessments (if any) have not

been included in the revenue projections. Projected assessment income should be reviewed

annually and adjusted as needed.

General: In addition to the risks described above/ there are certain general risks associated with

the issuance of bonds. These risks include/ but are not limited to:

• Failure to comply with covenants hi bond resolution.

• Failure to comply with Undertaking for continuing disclosure.

• Failure to comply with IRS regulations/ including regulations related to use of the proceedsand arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds astax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax-exemption.

Northland Securities/ Inc. ^ Page 9

^.

CITY OF FAIRMONT—AGENDA CONTROL SHEET-—AGENDA ITEM NO.


SUBJECT: Call for a Public Hearing on proposed Ordinance 2019-09

REVIEWED BY: Mike Humpal, CEcD, City Administray:


15.3




COUNCIL LIAISON:

TYPE OF ACTION:


Ordinance 1st Reading(Introduction only)Ordinance 2"d Reading(Roll call)



Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The City ofFairmont wishes to transfer the ownership of 407 North Elm Streetto Habitat for Humanity of Martin and Faribault Counties. The City acquired this property as atax forfeiture. The City razed the house on this lot and has been mowing and maintaining the

sidewalks. Habitat for Humanity will be paying for a survey of this lot and all of the associatedclosing costs.

MOTION: To schedule a public hearing on proposed Ordinance 2019-09 for April 22, 2019 at5:30 p.m. in the City Hall Council Chambers.


ATTACHMENTS:1. Memo from Mike Humpal, CEcD, City Administrator2. Hearing Notice

3. Proposed Ordinance 20 19-09

Council Action:

^0.

Date:

Phone (507) 238-9461CITY OF FAIRMONT -100 Downtown Plaza - Fairmont, MN 56031

www.fairmont.org Fax (507) 238-9469

MEMO

DATE: April 3, 2019

TO: Mayor and City Council

FROM: Mike Humpal, CEcD, City Administrator

RE: Sale to Habitat for Humanity of Martin and Faribault Counties

City Staff has been working with Habitat for Humanity on the relocation of a house from 437Lake Avenue, that they have been given to move to another location in Fairmont. This house is

in good shape and can be moved and fixed up more quickly and cost effective then building fromthe ground up. The City has a vacant lot at 407 North Elm that is of adequate size to accept this

house (see attached drawings). This house will fit well in the neighborhood and help the overallcondition of the neighborhood. The City will also be razing two other houses in this area in the

summer of 2019. City Staff will have the lot surveyed. City Staff is recommending that the Citygive the lot to Habitat for Humanity with them paying the survey cost and all the recording fees.

MH:pm

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12/6/2018 Bescon - Martin County MN

Summary

ParcellD 230402770Property Address 437 LAKE AVE

FAIR MONTSeuTwp/Rng N/ABrief Tax Description ORIGINAL LOT6 &S3 3/2' OF 7 &TRACT IN REAR BLK 35

(Nole: Not to be used on legal documents)Deeded Acres 0.00Class 206 - (NON-HSTD) RES 1-3 UNiTS; 206 - (NON-HSTD) RES 1-3 UNITSDistrict (2301) FA[RMONTCTi'-454School District 2752Neighborhood 2500.01 - LK SISSETNNE

Contact Appraiser: Laura OdgrenCreation Date 07/07/1989

Owner

Primary TaitpayerJohnW&JaneMThate418WMargaret5tFairmont, MN 56031

Land

Seq

12

Code

51 SS ETON 1S1SSETON 1

Total

CER00

Dim 15656

Dim 2245245

Dim 3

5656

Units

56,000

56.000

112.000

UTEFEF

Sub Area Square Footage

SubArea

DKG 2006 DECK GOODOWB18941ST(7BMTOTB 1894 1 3/4 BSMTONE 18941 STORYFEP1894FENCPRCH

Total for Bldg 1

SubArea

PTO 2006 PATIOONE 19531 STORY

Total for BIdg 2

Act Area

18496

70221

150

1,153

Act Area

472480

952

%35

150

21511570

10115

Adj Area64

1441,509

24105

1,846

Adj Area

47552

599

Heated

096

1,229

210

1.346

Heated

0480

480

Prime

096

702210

819

Prime

0480

480

RCNLD

2.176

4,897

51,327

816

3,571

62,787

RCNLD4,447

52,240

56,687

Extra Features

Seq

1Code

001000

Description

GARAGE FINISHED

Click here to view a iistofsubareadescription'i.

Dim 126

Dim 232

Units

832.000

UTSF

Sales

Multi Parcel

NNNN

IN

WDWDWDWD

Qu

QQQ

Sale Date

06/30/200505/07/199904/04/199705/11/1994

Buyer

THATE, JOHN W & JANE MMITCHELL,CLAYTON R

BLACf-tOWSKE, DWANE K

ODEGAARD, MARVIN B

Seller

MITCHELL, CLAYTON RBLACHOWSKE.DWANE !<ODEGAARD, DONNA M & MARVIN B

HANSON, DAVI D & MAROA L

Sale Price

$130,000$77,800$65,000$47,500

Adj Price

$130,000$77,800

$65,000

$47.500

eCRV

Please contact Assessor's Office for CRV's prior to October 2014

^4.https://beacon.schneidercorp.com/Application.aspÂpplD=139SiLa^r!D=1771&PageTypelD=4&PagelD=874&Q=279162870&Ke^lue=230402770 1/3

12/6/2018

Valuation

Beacon- [Vtartin County MN

Estimated Land Value

Estimated Building Value

Estimated Machinery Value

Total Estimated Market Value

2018 Assessment

$19,600$139,900

$0$159,500

Taxation

Total Estimated MarkctValuc

Exempt Value

Excluded Value

Homestead Exclusion

Taxable ^4ar^(et Value

NetTasics Payable

+ Special Assessments

Total Taxes Payable

2017 Assessment

$19.600

$140,500$0

$160,100

2018 Payable

$160,100

$160,100

2016 Assessment

$19,600$135,000

$0$154,600

2017 Payable

$154,600

$154,600

2015 Assessment

$19.600

$135,000$0

$154,600

2016 Payable

$154.600

$154,600

$2,813.09

$502.91

$3,316,00

$2,538.52

$517.4S

$3,056.00

$2,435.95

$532.05

$2,968.00

IF YOU OWE BACK TAXES PLEASE CALL THEAUDITOR/TREASURER OFFICE

Unpaid Taxes

Unpaid Tax

+ Unpa!d5pecAsmt

+ Unpaid Fees

+ Unpaid Penalty

+ Unpaid Interest

Unpaid Total

Taxes Paid

Receipt # Receipt Print Date

387542 11/28/20174855 11/28/20174334 1J/10/2016319198 5/15/2015

3862 10/5/2015280400 2/23/2014

Tax Statements

Btll Pay Year

201720162015

201520142013

Amt Adj^0.00

$0.00

$0,00

$0.00

$0.00

$0.00

Amt Write Off

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Am t Charge

$305.60

$726.63$340.79

$0.00

$67?,54$48Z61

2018 Payable

$2,813.09

$502,91

$0.00

$348.18

$0.00

$3,664.18

Amt Payment

($3,361.60)

($3,704.63)

($1.740.79)($1.390.00)($3,577.54)

($3,526.63)

2018 Tax Statement

2017Tax Statement

- tt ^2016 Tax Statement

Valuation Notices

230402770 R2019_MARTIN_COUNTY_VN.PDF

Photos

^ss.ht{ps://beacon.schneidercorp.com/Application.asp?i?ApplD=139&LayerlD=1771&PageType]D=4&PagelD=874&Q=279162870&Ke^lue=230402770 2/3

12/6/2018 Beacon - Martin County MM

TERMS AND CONDITIONS: Every attempt has been made to ensure that the information contained on this web5ite is valid atthe time ofpublication. Martin County reserves the rightto make additions, changes, or corrections at any time and without notice. Martin County disclaimsany and all liability for damages incurred directly or incjiredly as a result of errors, omissions or discrepancies and is not responsible for misuseor misinterpretation.

Last Data Upload: 12/6/2018,12:48:32 AM

Developed by

iSchneiderGEOSPATIAL

https://beacon.schneidercorp.conV^>plication.asp)6'App]D=139&LaverlD=1771&PageTypelD=4&PagelD=874&Q=279162870&Key\^lue=230402770 3/3

T.M.

PUBLIC HEARING NOTICE

YOUR ATTENTION is called by the Fairmont City Council to a public hearing to be held onApril 22, 2019 at 5:30 p.m. at the Fairmont City Hall Council Chambers, 100 DowntownPlaza, in the City of Fairmont to take public input on the:

Request to transfer property owned by the City ofFairmont:

Legal description: Lot 9, Block 2, Ward's Addition to the Village (nowCity) ofFairmont, Martin County, Minnesota.

Physical description: 407 North Elm Street, Fairmont, MN 56031

All persons interested are invited to attend the public hearing to offer their comments related to

the purchase of this City-owned parcel. Written comments can also be submitted to Patricia J.

Monsen, City Clerk, Fairmont City Hall, 100 Downtown Plaza, Fairmont, MN 56031.


City Clerk

^

ORDINANCE NO. 2019-09

ORDINANCE TO SELL REAL PROPERTY

WHEREAS, the City ofFairmont is the owner of real estate located at 407 North ElmStreet, Fairmont, Martin County, Minnesota, and;

WHEREAS, said real property is legally described as:

Lot 9, Block 2, Ward's Addition to the Village (now City) ofFairmont, MartinCounty, Minnesota.

and;

WHEREAS, City staff would like to give this property to Habitat for Humanity of Martinand Faribault Counties, and;

WHEREAS) the City obtained title to the above described real property so that it coulddemolish a blighted building located thereon, and;

WHEREAS, the blighted building has been demolished and the City does not have anyplans to develop the described real property, and;

WHEREAS, it would be in the City's best interest to have the real property placed back onthe tax rolls by transferring it into a private ownership, and;

WHEREAS, the Fairmont City Council, after holding a public hearing, determined that itis in the best interest of the City ofFairmont to transfer the above described real estate to Habitat

for Humanity of Martin and Faribault Counties.

NOW THEREFORE, it is hereby ordained by the Fairmont City Council as follows:

1. The real property described above will be transferred from the City of Fairmont toHabitat for Humanity of Martin and Faribault Counties.

2. Habitat for Humanity of Martin and Faribault Counties will pay all costs associatedwith the transfer of the real estate.

3. The Mayor and the City Clerk are authorized to sign any and all documentsnecessary to transfer the real property described above.

^8'-

PASSED, APPROVED AND ADOPTED, this 22nd day of April 2019.

Motion by:Seconded by:All in favor:Opposed:Abstained:Absent:

ATTEST;


1st Reading: April 8, 20192nd Reading: April 22, 2019


^.



SUBJECT: Call for a Public Hearing on proposed Ordinance 2019-10






COUNCIL LIAISON:

TYPE OF ACTION:






Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The City ofFairmont wishes to transfer the ownership of 415 East Sixth Streetto Habitat for Humanity of Martin and Faribault Counties. The City acquired this property as atax forfeiture. The City has been mowing and maintaining the sidewalks. Habitat for Humanity

will be paying $1,500 for this house and will be paying for a survey of this lot and all of theassociated closing costs.

MOTION: To schedule a public hearing on proposed Ordinance 2019-10 for April 22, 2019 at5:30 p.m. in the City Hall Council Chambers.


ATTACHMENTS:1. Memo from Mike Humpal, CEcD, City Administrator

2. Hearing Notice3. Proposed Ordinance 2019-10

Council Action:

bO.

Date:

FAIRMPhone (507) 238-9461

CITY OF FAIRMONT - 100 Downtown Plaza - Fairmont, MN 56031www.fairmont.org Fax (507) 238-9469

MEMO

DATE: April 3, 2019

TO: Mayor and City Council

FROM: Mike Humpal, CEcD, City Administi-atc

RE: Sale to Habitat for Humanity of Martin and Faribault Counties

This year the City accepted a house at 415 East Sixth Street from the counties tax forfeiture list.The house has been inspected by the City Building Officials. They have determined that thehouse is in good shape and with minimal rehabilitation will be a nice home for a small family.Habitat for Humanity has a single client that has qualified for a house. Utilizing this housewould be more cost effective and timely than building from the ground up. Utilizing thisproperty for affordable housing and to be owner occupied will be a benefit to the area and the

individual accepting the house.

Staff recommends selling the house to Habitat for Humanity for $1,500.00. They will pay thesurvey cost and all recording fees. Habitat for Humanity will be responsible for rehabilitation

and transferring ownership to their client.

Please don't hesitate to call with questions.

MH:pm

CITY 0 LAKES

Beacon - Martin County, MN Page 1 of 2

dBeaCOn™ Martin County, MN

Summary

Parcel ID 231190100Property Address 415 6TH ST E

FAIRMONTSec/Twp/Rng N/ABrief Tax Description GAMBLES EXT.Lot-010Bloch-007W50'

[Note: Not to be used on legal documents)Deeded Acres 0.00Class 961 - (NON-HSTD) Tax ForfeitDistrict (2301) FAIRMONTCP»'-454School District 2752NelghborhoDd 2305.4- EB/DEWEY/SO.RR/N.NO

Contact Appraiser; Angle DefioerCreation Date 07/07/1989

Owner

Primary Tax payerCityOfFairmont100 Downtown PlazaFairmont.MN 56031

Land

Seq

1

Code

RES LOT 10

CER

0Dim 1

50

Dim 2

52

Dim 30

Units

2,600.000

UT

SF

Total 2,600.000

Sub Area Square Footage

SubArea

OWB 19-18 1 STV/BMT

FEP1948FENCPRCH

Act Area

782

60

%140

70

Ad| Area

1,095

42

Heated

782

42

Prime

782

0

RCNLD

30,72S

1,178

Total for Bldgl 842 1,137 31,906

Click here to view g list of sub area descriptions.

Extra Features

Seq

1

Sales

Multl Parcel

N

Code

001106

IN

WDQQ

Description

YARD SHED

Sale Date Buyer

03/30/2001 KRUEGER,KENNETH& ELIZABETH

Dim 18

Seller

N!ELSON,JUDITH

Dim 210

Sale Price

$29,100

Units

80.000

Ad| Price

$29,100

UT

SF

eCRV

Vaiuation

Please contact Assessor's Office for CRV's prior to October 2014

+ Estimated Land Value

+ Estimated BuildingValue

+ Estimated Machinery Value

2018 Assessment

$2,700$34,500

2017 Assessment

$2,700$34,500

2016 Asses s me nt

$2,500

$31,500

2015 Assessment

$2,100

$27,600

Total Estimated Market Value $37,200 $37,200 $34,000 $29,700

^..https ://beacon.schneidercorp.com/Application.aspx?AppID= 13 9&LayerID=l 77 1 &PageTyp... 4/2/2019

<T,M.

PUBLIC HEARING NOTICE

YOUR ATTENTION is called by the Fairmont City Council to a public hearing to be held onApril 22, 2019 at 5:30 p.m. at the Fairmont City Hall Council Chambers, 100 DowntownPlaza, in the City of Fairmont to take public input on the:

Request to transfer property owned by the City ofFairmont:

Legal description: The West Fifty (50) feet of Lot Ten (10), of BlockSeven (7) of Extension to Gamble's Addition to the Village (nowCity) ofFairmont, according to the plat thereof on file and of recordin the office of the Register of Deeds in and for said County and State.

Physical description: 415 East Sixth Street, Fairmont, MN 56031

All persons interested are invited to attend the public hearing to offer their comments related to

the purchase of this City-owned parcel. Written comments can also be submitted to Patricia J.

Monsen, City Clerk, Fah'mont City Hall, 100 Downtown Plaza, Fairmont, MN 56031.


City Clerk

(cS.

ORDINANCE NO. 2019-10

ORDINANCE TO SELL REAL PROPERTY

WHEREAS, the City ofFairmont is the owner of real estate located at 407 North ElmStreet, Fairmont, Martin County, Minnesota, and;

WHEREAS, said real property is legally described as:

The West Fifty (50) feet of Lot Ten (10), of Block Seven (7) of Extensionto Gamble's Addition to the Village (now City ofFairmont, according tothe plat hereof on file and of record in the office of the Register of Deeds inand for said County and State.

and;

WHEREAS, City staff would like to sell this property to Habitat for Humanity of Martinand Faribault Counties, and;

WHEREAS, the City obtained title to the above described real property as a tax forfeiture,and;

WHEREAS, Habitat for Humanity of Martin and Faribault Counties feels that they canrehab this building and the City does not have any plans to develop the described real property,and;

WHEREAS, it would be in the City's best interest to have the real property placed back onthe tax rolls by transferring it into a private ownership, and;

WHEREAS, the Fairmont City Council, after holding a public hearing, determined that itis in the best interest of the City ofFairmont to transfer the above described real estate to Habitatfor Humanity of Martin and Faribault Counties.

NOW THEREFORE, it is hereby ordained by the Fairmont City Council as follows:

1. The real property described above will be transferred from the City ofFairmont toHabitat for Humanity of Martin and Faribault Counties.

2. Habitat for Humanity of Martin and Faribault Counties will pay the sum of$1,500.00 for this property.

3. Habitat for Humanity of Martin and Faribault Counties will pay all costs associatedwith the transfer of the real estate.

(ff41

4. The Mayor and the City Clerk are authorized to sign any and all documents

necessary to transfer the real property described above.

PASSED, APPROVED AND ADOPTED, this 22nd day of April 2019.



ATTEST:


1st Reading: April 8, 20192nd Reading: April 22, 20 19

<£,5.



SUBJECT: Advertise for Bids for 2019-E construction project




SUBJECT BACKGROUND: Troy Nemmers, PE, Director of Public Works/City Engineer

INTRODUCED BY: Troy Nemmers, PE, Director of Public Works/City Engineer

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1s Reading

(Introduction only)Ordinance 2"d Reading

(Roll call)

x Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Motion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The plans and specifications for the 2019-E improvement project are ready forbid. This improvement consists of seal coating various streets located in the City ofFairmont, asoutlined in the 2019 Improvement Program. The Council must pass a resolution authorizing the

publication of this project. If the resolution is approved the bid opening for this project would beMay 1, 2019 at 10:00 a.m. at City Hall.

MOTION: To adopt Resolution 2019-12 approving advertising of the 2019-E constructionproject.

VOTE REQUIRED: Simple majority -Roll call

ATTACHMENTS:1. Resolution 2019-12

2. Advertisement for Bids


6?(o.

RESOLUTION NO. 2019-12

STATE OF MINNESOTA) .COUNTY OP MARTIN ) SS:CITY OF FAIRMONT )

RESOLUTION APPROVING PLANS AND SPECIFICATIONSAND ORDERING ADVERTISEMENT FOR BIDS

2019-E IMPROVEMENT CONTRACT2019 SEALCOAT PROJECTS

WHEREAS, the City Engineer arranged for the preparation of Plans and Specificationsfor the construction of:

65,000 square yards of seal coating which includes labor and material.

and has presented such Plans and Specifications to the Council for approval;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFFAIRMONT, MINNESOTA:

1. Such Plans and Specifications, a copy of which is attached hereto and made a part

hereof, are hereby approved.

2. The City Clerk shall prepare and cause to be inserted in the official paper, on

Quest CDN, and on the City ofFairmont website (www.fairmont.org) if the

estimated construction cost exceeds $100,000, an advertisement for bids upon the

making of such improvement under such approved Plans and Specifications. The

advertisement shall be published for one day, shall specify the work to be doneand shall state that bids will be opened on May 1, 2019 at 10:00 a.m. Any bidderwhose responsibility is questioned during consideration of the bid will be given anopportunity to address the Council on the issue of responsibility. No bids will beconsidered unless sealed and filed with the clerk and accompanied by a bid bondor certified check payable to the Clerk for five (5) percent of the amount of suchbid. The bids will be tabulated at that time and will be considered by the CityCouncil at a regular scheduled meeting to be held after review by the CityEngineer of the lowest responsible responsive bidder's bid documents.

&7.


ADOPTED by the Council this 8th day of April 2019.


ATTEST:


(SEAL)

^

ADVERTISEMENT FOR BIDS

2019 Sealcoat Projects

2019-E Improvement Contract

City of Fairmont

Fairmont/ MN

RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received at the

Office of the City Engineer, City of Fairmont/100 Downtown Ptaza/ Fairmont, MN 56031 until 10l00^m_on May 1,2019 at which time the bids will be opened and publicly read.

DESCRIPTION OF WORK: The work includes the construction of approximately:

65,000 square yards ofseaf coating which includes labor and material.

together with numerous related items of work, al! in accordance with Plans and Specifications. This project is

subject to Responsible Contractor Certification.

PLANHOLDERS LIST, ADDENDUMS AND BID TABULATiON: The pianholders list, addendums and bid tabulations

will be available for download on-line at www.fairmont.org or www.questcdn.com. Any addendums may aiso be

distributed by mail, fax or email.

TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.fairmont.org or

www.questcdn.com. You may ylew the digitai plan documents for free by entering Quest project #6246507 on thewebslte's Project Search page. Documents may be downloaded for $20.00. Piease contact QuestCDN.com at 952-

233-1632 or [email protected] for assistance in free membership registration, viewing, downloading, and

working with this digits! project information. An optional paper set of project documents is a!so available for anonrefundable price of $30.00 per set, which includes applicable sales tax and shipping. Please make your check to

payable to City of Fairmont and send it to/100 Downtown Plaza, Fairmont/ MN 56031, 507-238-9461.

BID SECURITY: A certified check or proposal bond in the amount of not less than 5 percent of the totai amount bid,

drawn En favor of City of Fairmont shall accompany each bid.

OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities

and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the

interest of the Owner would be best served thereby.

Dated: 4/9/2019 /s/ Patricia J. MonsenCity Clerk

Published:

Fairmont Sentinel: April 12/2019, April 17, 2019, April 20, 2019

QuestCDN: April 9, 2019

7.

CITY OF FAIRMONT—-AGENDA CONTROL SHEET-—AGENDA ITEM NO.


SUBJECT: Approval of Conditional Use Permit, 211 Budd Street


ASUBJECT INITIATION BY: Mike Humpal, CEcD, City Administrator -',"'/'

15.6




COUNCIL LIAISON:

TYPE OF ACTION:


(Introduction only)Ordinance 2" Reading(Roll call)

Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Motion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommcndati on

STATEMENT: The Planning Commission held a public hearing on April 2, 2019 to make review of aConditional Use Permit from St. Paul Lutheran Church, 211 Budd Street, for an electronic messaging signinaR-1 zone.

Section 26-82 (a) states within sixty (60) days of the public hearing the planning commission shall makerecommendation to the City Council. The City Council shall consider the report and recommendation atits next regular meeting.

MOTION: To approve Conditional Use Permit for St. Paul Lutheran Church, 211 Budd Street, asrecommended by the Planning Commission.

VOTE REQUIRED: Simple majority.

ATTACHMENTS:1. City Council Staff Report2. Planning Commission Minutes- April 2,20193. Vicinity Map4, Sign Image


TO.

CITY COUNCIL STAFF REPORT April 3, 2019

ConditionqlJJse Permit request from St. Paul Lutheran Church. 211 Budd Streetfor an Electronic_Messaaina Sign in a Residential fR-11 Zone to be located on PIN

23.990.0760

GENERAL INFORMATION

Applicant: St. Paui Lutheran Church

Property Owner: Same

Action(s) Requested:

The appiicont is requesting a conditional use permit for an electronic messaging

sign in a residential (R-1) zone.

Applicable Ordinance Provisions:

The principal purpose of the R-1 District is to conserve and protect single-familyresidential development. Principal uses permitted in this zoning district includesingle-fomily dwellings, churches, school, parks and community facilities.

Section 26.152, conditional uses that are permitted in (R-1) residential areas are

as follows:

(A) Government and public utility buildings;(B) Residential single-family pianned unit devebpmen+s;(C) Public or semi-public recreational buildings, hospitals and medica! clinics/

neighborhood or community centers; public and private educa+ionolEns+itu+ions, religious institutions, cemeteries;

(D) Resorts;(E) Bed and breakfast inn;(F) Single-family a+tached dwelling units;(G) Day care group(H) Nameplate signs or identification signs exceeding six (6) square feet

provided that:a. The sign shall in no way change the residential character of theneighborhood.b. The sign shall not exceed thirty-two (32) square feet in size.c. Lighting shall be shielded to prevent such light from being defectable atthe lot line of the site on which the sign is located.d. The sign shall be located at lease ten (10) feet from any lot line.e. No lighting shall be allowed that gives off an intermittent sequential orrotating beam of light.

7,

Property Location and Background Information:

The property is currently occupied by a church/ school and playground.

The property is a corner lot with street frontage on both Vic+orio Street and

Oxford.

Subject Site:

^£xjstin0?Ldn<fclê^M::^^^t^î^Church/School

^ning^^^W^R-1

Adjacent Land Use and Zoning:

NorthSouthEastWest

ResidentialResiden+ial/Parking !otResidentialPlayground Recreationcil

IZ<o>hro^s3is%^^^%!?^R-1

R-1

R-1

R-1

ANALYSIS

The petitioners state they would like to instoli an electronic messaging sign thatconforms with both Section 26-152 as stated above and Article X Signs- Section

26-806(1-13).

According to City records, the Planning Commission has approved Conditional

Use Permit's for electronic messaging signs similar to what is being proposed atboth St. John Vianney (91 1 S Prairie) and Immanue! Lutheran Church (1200 N

North Ave).

in October of 2018/ Planning Commission members denied a Conditional Use

Permit at 211 Budd Street for an EMS on the corner of Albion Ave and Victoria

Street. Commission members believed the brightness of the sign at night would

create a nuisance to neighboring properties and that the sign itself created an

added distraction for traffic nearing a schooi and playground.

The current application repositions the sign to face the piayground orrecreational area to the West which significantly lessens the impact of the sign

to surrounding properties.

REVIEW STANDARDS:

^.

The planning commission and pertinent staff shall review applications for

conditional use permits based upon the foHowing standards:

1. Must be in conformance with the comprehensive plan.

2. Must not be in detrimentai or injurious to the genera! vicinity and uses aireadypermitted in the area.

3. Must not impede the normal and orderly development of surrounding vacant

property.

4. Will be served by adequate utiii+ies/ public roads and municipal facilities.5. Must not cause offensive odors/ fumes/ dust/ noise and vibration that wouid

be injurious or Q nuisance to adjacent uses and the surrounding area.

6. Will conform to specific standards of this chapter applicable to the particular

use.

STAFF RECOMMENDATION

Staff finds that the request for a Conditional Use Permit to install an electronic

messaging sign at 211 Bucfd Street was consistent with Section 26-152 andSection 26-806 (1-13) and recommends approval.

PLANNING & ZONING COMMISSION RECOMMENDATION

Per 26-82 (a) within sixty (60) days of the pubiic hearing, the planningcommission shall make Q written recommendation to the city council. The city

council shall consider the report and recommendation at Its next regular

meeting. If the planning commission recommends denial of the permit

application or the ci+y councii orders such denial, it shall include in its

recommendation or findings as to the ways in which the proposed use does not

comply with the standards required by this chapter.

1. Must be in conformance with the comprehensive plan.

2. Must not be in detrimental or injurious to the general vicinity and uses already

permitted in the area. The Planning Commission believes that the brightness of

the sign at night would create a nuisance to neighboring properties and thatthe sign itself creates an added distraction for traffic nearing Q school and

playground.

3. Must not impede the normal and orderly deveiopment of surrounding vacant

property.

4. Wil! be served by adequate utilities/ public roads and municipal facilities.5. Must not cause offensive odors, fumes, dust, noise and vibration that would

be injurious or a nuisance to adjacent uses and the surrounding area.

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Regular MeetingApril 2, 20195:30 p.m. City Hall Council Conference Room

Members present: Ed Wiilett/ Tom Lytle, Adam Smith, Sco+t Unke, Liz Wheeler, Jon Omvig andCouncil Liaison Tom Hawkins.Members absent: None.Others present: Ci+y Adminis+rcitor Mike Humpai and Pianner/Code Enforcement TechnicianMegan Boeck.

Chairman Wiliett called the meeting to order at 5:30 pm.

Agenda Approval: Motion by Lytle and second by Unke to approve the April 2, 2019meeting agenda as presented. Motion carried.

Minutes: Motion by Lytie and second by Smith to approve the March 12, 2019 meetingminutes as presented. Motion carried.

NEW BUSINESS

Public Hearing— Conditional Use Permit 211 Budd Street: Boeck stated that St. Paul LutheranChurch has submitted a conditional use permit for an electronic messaging sign at 211 BucfdStreet. Boeck also stated that application repositions the sign to face the pioyground orrecreational area to the West which will lessen the impact of the sign to surroundingproperties. Lastly/ Boeck stated that staff finds the request for CUP consistent with Section 26-152 R-1 Single family residentia! (d) condi+ionoi uses and Section 26-806 signs (1-13) generalrequirements.

Chairman Willett opened the hearing to the public.

Bob Charnecki, 500 Albion/ stated that he doesn't fee! that eiec+ronic messaging signs arean appropriate use for residential neighborhoods. Charnecki also stated that the signiocation isn't proposed on a major road as stated in Section 26-807 6 (a).

Bill Schauberger, 111 Oxford Street, stated that his residence is in ciose proximity to theproposed sign and that he wili be directly impacted.

Ruth Schauberger/ 111 Oxford Street/ reiterated that she iives nearest the proposed ioca+ionof the sign and questioned board members if they wouid want to live that close to anelectronic sign.

Motion by Unke and second by Smith to close the hearing to the public.

Chairman Willette questioned those in attendance if they were aware that the sign is not litafter 10 pm.

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B; 80x125 15.85mm RGB EMC

Approved by:. Date; Landlord:

La CrosseSign Group

1450 Oak Foiest Drive • Onalaska. Wl M650 • 608-781-1'150tW Mustang Way • Madison, Wl S3?18 • 60B.2Z2.53S32502 Melby Street' Eau Ctoiie, Wl 54703 • 71S.a35.6169

; Drawing by: Chris dark

Sign Type; Monument Sign

' DateCfeated: 11-1-2016

.Last Modified: 3-1-2019

I Scale: 1/4"=1'

Job Name; St. Paul Lutheran

Job Address: 211 Budd St.

Fairmonl, MM 56031

Salesperson; Jeff Brezinka

Job Number; 92577

tibs/etur*dt»^crTk

Revision Number; 4

Job Fits Location:

S:\S\St. Paul's Lutheran -

FaifmonftMonument wilh EMC\Design

0 B Black©DODODea

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CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO


SUBJECT: Approval of Conditional Use Permit, 610 Summit Ave


SUBJECT INITIATION BY: Mike Hurapal, CEcD, City Administratd^

15.7




COUNCIL LIAISON:

TYPE OF ACTION:



Resolution (Roll Call)Set Public Hearing(Motion)Hold Public Hearing(Motion to close)

Discussion

Information Only



Issuance

Denial

x Approval

Rejection

Authorization

No action needed

Norecommendation

STATEMENT: The Planning Commission held a public hearing on April 2, 2019 to review aConditional Use Permit from Lakeview Methodist Healthcare, 610 Summit Ave, for a nursing carefacility in a R-3 zone.

Section 26-82 (a) states within sixty (60) days of the public hearing the planning commission shall makerecommendation to the City Council. The City Council shall consider the report and recommendation atits next regular meeting.

MOTION: To approve Conditional Use Permit for Lakeview Methodist Healthcare, 610 Summit Ave, asrecommended by the Planning Commission.

VOTE REQUIRED: Simple majority.

ATTACHMENTS:1. City Council Staff Report2. Planning Commission Minutes- April 2,20193. Site Plan (to be handed out at meeting)


^

CITY COUNCIL STAFF REPORT April 3, 2019

Conditional Use Permit request from Lakeview Methodist Healthcare, 610 SummitDrive, for nursina home facility in a MutfiDle-Familv Residential fR-3) Zone to be

located on PIN 23.211 .0800

GENERAL INFORMATION

Applicant: Lakeview Methodist Healthcare

Property Owner: Same

Action(s) Requested:

The applicant is requesting a conditional use permit for a nursing home facility in

a Multipie-FamEly residential (R-3) zone.

Applicable Ordinance Provisions:

The principal purpose of the R-3 District is to allow for a higher density and widerange of housing styies. Principai uses permitted in this zoning district includemui+i-fomily/ townhomes and condominiums.

Section 26-154 (d) states conditional uses in R-3 and R-2 are subject to the sameconditions as allowed in R-1 (FaErmon+'s inclusive zoning).

Section 26.152, conditional uses that are permitted in (R-1) residential areas are

as follows:

(A) Government and public utility buildings;(B) Residential single-family planned unit developments;(C) Public or semi-pubiic recreational buildings, hospitals, nursing home

facilities and medical clinics, neighborhood or community centers; public andprivate educational institutions, religious institutions/ cemeteries and buildings

provided that:1. The side yards shall be a minimum of thirty (30) feet. The attached sitep/an shows adequate side yards of 30 feet.2. Adequate screening for abutting residential areas and landscaping isprovided. The proposed South parking lot wiSI abui exlsiing Muit'i-Fam'ityResidential property. The Planning Commission recommends adding alandscape buffer.3. Adequate off-street parking and access is provided. Add/tiona/ parkinghas been provided to accommodate the current chaffenges of sh'sff

change.

4. Adequate off-street loading and service entrances are provided. Anumber of off-street loading areas have been provided.

80.

5. The site of the principal use and related parking is served by an arterialor collector street of sufficient capacity. This expansion w'fli be served byboth Fasr!akes Ave and Summit Drive.

(D) Resorts;(E) Bed and breakfast inn;(F) Singie-famiiy attached dwelling units;(G) Day care group(H) Nameplate signs or identificQtion signs exceeding six (6) square feet

Property Location and Background Information:

Lakeview Methodist/ 610 Summit Drive, exists as an 85-bed nursing home facility

which indudes both independent and assisted living. Lakeview Methodist has

plans for a 77,000 sq ft skiiled nursing care expansion.

in 1990 Lakeview Me+hodist was issued a Conditional Use Permit for a Health

Care Facility in a R-3 Zone. City records indicate the need for a Conditional UsePermit at that time was due to the expansion of a nonconformity. Since then/

the Planning Commission approved a text amendment (Ordinance 2019-08

attached) to allow nursing homes in residential zones as a conditional use so

long as they meet the requirements in Section 26.152 (stated on previous page).

In addition to the text amendment/ the Planning Commission recently approved

re-zoning a portion of property at 610 Summit Drive from Single-Famiiy

Residential (R-1) to Multiple-Family Residential (R-3) so that Lakeview's entire

campus is within one common zone.

Subject Site:Existing Land UseNursing Home Faciiity

ZoningR-1

Adjacent Land Use and Zoning:

Exist'sng Uses

NorthSouthEastWest

ResidentialResidentialResiden+ia!ResEden+ia!

ZoningR-1

R-1

R-1 and R-3

R-3 and A

ANALYSIS

?/•

Lakeview Methodist, its staff and its residents have been a staple of this

community for more than 50 years. Staff concludes that there is no evidence

that the proposed expansion will negativeiy impact the surrounding area. Inaddition, staff finds that the LakevEew Me+hodist Campus includes independent

and assisted living which are not dissimilar to other neighboring R-3 uses. Los+iy/

our existing Comprehensive Plan indicates the need for elderly housing of

various typies to accommodate different physical needs (pg 23).

REVIEW STANDARDS:

The planning commission and pertinent staff shal! review applications forconditional use permits based upon the following standards:

1. Must be in conformance with the comprehensive p!an.

2. Must not be in detrimental or injurious to the general vicinity and uses alreadypermitted in the area.

3. Must not impede the normal and orcteriy development of surrounding vacant

property.

4. Will be served by adequate utilities, public roads and municipal facilities.

5. Must not cause offensive odors/ fumes/ dust/ noise and vibrotion that would


6. Wil! conform to specific standards of this chapter applicable to the particular

use.

STAFF RECOMMENDATION

Staff finds that the request for a Conditional Use Permit for a nursing homefacility in a R-3 zone is consistent with Section 26-152 and recommends

approval.

PLANNING & ZONING COMMISSION RECOMMENDATION

Per 26-82 (a) within sixty (60) days of the public hearing, the planning

commission shall make a written recommendation to the city council. The city

council shall consider the report and recommendation at its next regular

meeting. If the planning commission recommends denial of the permit

appiica+ion or the city council orders such deniai, it shall include in itsrecommendation or findings as to the ways in which the proposed use does not

comply with the standards required by this chapter.

1. Must be In conformance with the comprehensive plan.

/i-

2. Must not be in detrimentai or injurious to the general vicinity and uses alreadypermitted in the area.

3. Must not impede the normal and orderly development of surrounding vacant

property.

4. Will be served by adequate utilities/ public roads and municipal facilities.5. Must not cause offensive odors/ fumes, dust, noise and vibration that would


6. Will conform to specific standards of this chapter applicabie to the particular

use.

The Planning & Zoning Commission held a duly-noticed public hearing on this

item on April 2, 2019. The petitioners and members of the pubiic were inattendance with the following comments:

Wold Architects was present to answer any questions.

The Planning and Zoning Commission unanimously recommended approval of

the Conditional Use Permit with the following conditions:

A site plan depicting the entire property boundary affected by the conditionaluse permit (to be submitted as an addition).

A landscape buffer between the South parking lot and neighboring R-3

properties.

CITY COUNCIL

The City Council shall consider the advice and recommendation of the Planningand Zoning Commission and shai! make Q final de+ermina+ion on the conditionaluse permit.

Attachments

1. Planning Commission Minutes- April 2, 2019

2. Site Plan (to be submitted as an addition)

g3.


Regular MeetingApril 2, 20195:30 p.m. City Hall Council Conference Room

Members present: Ed WEilett, Tom Lytle, Adam Smith, Scott Unke, Liz Wheeler, Jon Omvig andCouncil Liaison Tom Howkins.Members absent: None.

Others present: City Administrator Mike Humpa! and Planner/Code Enforcement TechnicianMegan Boeck.

Chairman Willett coiled the meeting to order at 5:30 pm.

Agenda Approval: Motion by Lytle and second by Unke to approve the April 2/ 2019meeting agenda os presented. Motion carried.

Minutes: Motion by Ly+ie and second by Smith to approve the March 12, 2019 meetingminutes os presented. Motion carried.

NEW BUSINESS

Public Hearing— Conditional Use Permit 211 Budd Street: Boeck stated that St. Paul LutheranChurch has submitted a conditional use permit for an electronic messaging sign at 211 BuddStreet. Boeck also stated that appliCQtion repositions the sign +o face the pioyground orrecrea+ionoi area to the West which will lessen the impact of the sign to surroundingproperties. Lastly, Boeck stated that staff finds the request for CUP consistent with Section 26-152 R-1 Single famiiy residential (d) conditional uses and Section 26-806 signs (1-13) generalrequirements.

Chairman Willett opened the hearing to the pubiic.

Bob Chornecki, 500 Albion/ stated that he doesn't feel that electronic messaging signs arean appropriate use for residential neighborhoods. Charnecki also stated that the signlocation isn't proposed on a major road as stated in Section 26-807 6 (a).

Bill Schauberger, 111 Oxford Street, stated that his residence is in close proximity to theproposed sign and that he will be directly impacted.

Ruth Schauberger/ 111 Oxford Street, reiterated that she lives nearest the proposed ioca+ionof the sign and questioned board members if they would want to live that close to anelectronic sign.

Motion by Unke and second by Smith to close the hearing to the public.

Chairman Wiliette questioned those in attendance if they were aware that the sign is not litafter 10 pm.

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