CC RES 04-075 RESOLUTION APPROVING 2005 SLARY OF MICHAEL J. MORNSON, ST. ANTHONY CITY MANAGER

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• City of St. Anthony Resolution #04-075 The undersigned, Barb Suciu, serving as Secretary of the Board of Directors of St. Anthony, (the "Employer"), duly organized and existing under the laws of the State of Minnesota, does hereby certify that at a meeting of the Board of Directors, held on the 14"' day of December, 2004, at which a quorum was present, the Board of Directors of City of St. Anthony unanimously adopted the following resolution: WHEREAS, the City of St. Anthony (the "Employer") provides employees with an opportunity to pay for certain employee welfare benefits on a pre-tax basis through its Flex Benefit Plan#501 (the "Plan");and WHEREAS, the Employer considers it desirable and in the best interests of the Plan to make the following amendment to its Plan; NOW,THEREFORE,pursuant to the authority reserved in the Plan to allow amendments to the Plan, the Plan is amended as follows: • The Plan will operate using the Final COBRA Regulations issued May 26,2004. . NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony's, Flex Benefit Plan#501,be and the same is amended effective January 1, 2005; BE IT FURTHER RESOLVED, that any proper members of the Board of Directors are hereby authorized to make such contributions from the funds of the Employer as are necessary to carry out the provisions of said plan at any time; and BE IT FURTHER RESOLVED, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation(as such law or regulation may be interpreted or amended), the Company shall resolve such conflict in a manner which complies with ERISA or such law or regulation. ate Uty Clerk • •