HomeMy WebLinkAboutCC PACKET 11271995 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
102206
BOX: TT
Folder: CC PACKETS 1994-1998
Document: CC PACKET 11271995
H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING. _
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
November 27, 1995
7:00 P.M.
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. SET NOVEMBER 27, 1995 COUNCIL AGENDA.
IV. APPROVE NOVEMBER 14, 1995 REGULAR COUNCIL MEETING MINUTES.
V. LICENSES/PERMITS/PETITIONS - None.
VI. PRESENTATION OF CLAIMS.
A. Midwest Machinery, Inc. - $60,598.50.
B. Verified.
• VII. REPORTS.
A. Planning Commission - November 21 , 1995.
1 . Apache Medical and Professional Building, 4001 Stinson
Boulevard; sign variance.
B. Mayor.
C. Councilmembers.
D. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 95-063, re: Award bid for sale of $2,650,000 tax
increment bonds, Series 19958.
B. Resolution 95-060, re: Federal drug testing act.
C. Resolution 95-062, re: Metropolitan Livable Communities Act.
D. Resolution 95-058, re: City Manager's 1996 salary.
X. UNFINISHED BUSINESS.
A. Ordinance 1995-007, re: Unused sick leave (2nd reading).
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 14, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:02 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks (arrived at 7:06 P.M.), Enrooth, Wagner, and Fleming.
9 Also Present: Michael Mornson, City Manager.
10 III. APPROVAL OF NOVEMBER 14, 1995 COUNCIL AGENDA.'
11 Motion by Fleming, second by Wagner to approve the November 14, 1995 Council Agenda as
12 presented.
13 Motion carried unanimously.
14 IV. APPROVAL OF OCTOBER 18, 1995 SPECIAL COUNCIL MINUTES.
15 APPROVAL OF OCTOBER 24, 1995 REGULAR COUNCIL MINUTES.
16 APPROVAL OF NOVEMBER 7, 1995 SPECIAL COUNCIL MINUTES.
Motion by Enrooth, second by Fleming to approve the October 18, 1995 Special Council minutes
4K as presented,to approve the October 24, 1995 Regular Council minutes with the following
19 changes:
20 Under VII. REPORTS. C. Page 3, Line 25: Prior to "Valuation" insert."increased".
21 Under VII. REPORTS. C. Page 3, Line 26: Replace "1995" with "1994".
22 and approve the November 7, ,199 5 Special Council minutes as presented:
23 Motion carried unanimously.
24 V. LICENSES/PERMITS/PETITIONS.
25 Motion by Wagner, second by Enrooth to approve the following licenses:
26 Heating and Air Conditioning
27 Cronstroms Heating and Air Conditioning, St. Louis Park, MN
28 Motion carried unanimously.
29 Councilmember Marks arrived at 7:06 P.M.
City Council Regular Meeting Minutes
November 14, 1995
Page 2 •
1 VI. PRESENTATION OF CLAIMS.
2 Motion by Marks, second by Wagner to approve the following claims:
3 A. Calgon Corporation in the amount of$35,528.80 for invoice dated October 16, 1995, in
4 the amount of$17,871.20 for invoice dated October 16, 1995 and in the amount of
5 $17,800.00 for invoice dated October 14, 1995.
6 B. Dorsey & Whitney in the amount of$1,035.10 for legal services rendered through
7 September 30, 1995.
8 C. Foster, Ojile. Wentzell & Brever in the amount of$2,400.00 for legal services rendered
9 for the month of November, 1995.
10 D. Transfer in the amount of$500.00 from City's General Fund to #310 HRA
11 Building/Community Center Fund.
12 E. 4 pages of Verified Claims as presented by the Finance Director.
13 Motion carried unanimously..
14 VII. REPORTS.
15 A. Mayor.
16 Mayor Ranallo reported the 50th Anniversary Celebration dinner was held on Saturday
17 night. Everything went well and there were 200 people in attendance. •
18 B. Council
19 Marks reported he had talked to City Manager in regard to the two houses built on Kenzie
20 and Coolidge. He noted he had received comments from neighbors that it was bare and
21 asked if some trees could be planted along the edge.
22 C. Ci , Manager.
23 City Manager Mornson reminded Council their next three meetings are scheduled for
24 November 27, December 6, and December 20, 1995. The City Hall/Community Center
25 . bonds were scheduled to be approved at the November 27, 1995 meeting. Mornson
26 reported he has been advised by Mr. Thistle, Springsted Inc.,that the Federal
27 Government shut down may affect the interest rates of the bonds. A decision to call off
28 the bond bids, if appropriate, must be made by Monday,November 20, 1995.
29 There was Council consensus to direct City Manager to confer with Mr. Thistle on
30 Monday,November 20, 1995 and make the determination to maintain the date of the
31 bond bids or withdraw and submit for bids at a later date.
32 Mornson reported he had met with the Superintendent of the schools to discuss the
33 changes they would like made to 33rd Avenue. A meeting between the Superintendent,
34 City Manager and the residents of 33rd Avenue is being scheduled to receive the
35 residents opinion on the changes they would like made. City Council will then review
City Council Regular Meeting Minutes
November 14, 1995
• Page 3
1 and make a determination. There was Council consensus to direct City Manager to
2 discuss parking in the horseshoe in front of the school at that meeting.
3 Councilmember Marks stated he would like to have joint meetings with the School
4 Board. He also noted he would like to have a City strategic planning meeting. Mayor
5 Ranallo stated the Council will schedule a City strategic planning meeting at their first
6 work session in January, 1996.
7
8 VIII. PUBLIC HEARING -None.
9 IX. NEW BUSINESS
10 A. Purchase of Variable Speed Drive for High Service Pumps.
11 Motion by Marks, second by Enrooth to approve the purchase of a Variable Speed Drive
12 for High Service Pumps from Connelly Industrial Electronics.
13 Mornson explained this drive will be installed at the plant at a cost of$13,715.00 in 1995
14 and $11,000.00 in 1996. This item was recommended by NSP. The cost will be
15 recouped within 5 years and after that will save money on the light bill and not waste as
16 much water.
Motion carried unanimously.
18 B. Resolution 95-053. re: 1996-1997 Firefighters Union Agreement.
19 Motion by Marks, second by Fleming to adopt Resolution 95-053,regarding ratifying the
20 1996-1997 agreement between the City of St. Anthony and International Association of
21 Fire Fighters, Local 3486, representing the St. Anthony Fire Department.
22 Motion carried unanimously.
23 C. Resolution 95-054. re: 1996-1997 Police Union Agreement.
24 Motion by Wagner, second by Marks to adopt Resolution 95-054, regarding ratifying the
25 1996-1997 agreement between the City of St. Anthony and Law Enforcement Labor
26 Services, Inc., #186, representing the St. Anthony Police Department.
27 Motion carried unanimously.
28 D. Resolution 95-055. re: 1996-1997 Public Works Agreement.
29 Motion by Enrooth, second by Wagner to adopt Resolution 95-055, regarding ratifying
30 the 1996-1997 agreement between the City of St. Anthony and International Union of
31 Operating Engineers, Local 49, AFL-CIO, representing the St. Anthony Public Works
0 Department.
33 Motion carried unanimously.
City Council Regular Meeting Minutes
November 14, 1995 `
Page 4 •
I Mornson noted the City Council had been working on these budgets at their work
2 sessions for the past five months.
3 Ranallo commended and thanked City Manager for all the work he had done in
4 negotiation of these contracts.
5 E. Resolution 95-059. re: Road Maintenance Agreement with Ramsey County.
6 Motion by Marks, second by Wagner to adopt Resolution 95-059,regarding authorizing
7 the Mayor and City Manager to execute the agreement between Ramsey County and the
8 City of St. Anthony for road maintenance services.
9 Motion carried unanimously.
10 F. Ordinance 1995-007.re: Unused Sick Leave Pay (First Reading).
11 Motion by Marks;second by Wagner to approve the first reading of Ordinance 1995-007,
12 relating to unused sick leave; amending Section 300.10, Subd. 8 (a).
13 Motion carried unanimously.
14 X. UNFINISHED BUSINESS-None. •
15 XI. ADJOURNMENT.
16 Motion by Marks, second by Enrooth to adjourn the meeting at 7:27 P.M.
17 Motion carried unanimously;
18 Respectfully submitted,
19 Lorri Kopischke
20 TimeSaver Off Site Secretarial
21 .
22
23 Mayor
24 ATTEST:
25 City Clerk
'sanest
1NDOU= 7-31AL EOUPIAENT
MIDWEST MACHINERY, INC.
12500 DUPONT AVE. SOUTH
JOHN DEERE BURNSVILLE,MN 55337
PHONE (612) 899-8880
INVOICE @ @5566
BILL TO: CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST ANTHONY MN 55418
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nrrRr 4440 WHEEL InADER
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S%' ICIC [1X892169 AS PER SPEC 72 989.13 8='- �'�
19.800.@ _ -
LESS-TRADE ell MICHIGAN 45B '-437A19@=~ '- (17,000.00).-
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SUB OTAL•? 1 'r'' 1' I SALES•TAX I INVOICE-TOTAL
�,Ay 4 : L�', ® 0@ ry M�Y - :�f,r 3698._5 '` ,_69598:503�'n"
7:s a;'. -
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_6113C-FINANCIAL. ANTHONY .VILLAGE
j4/09/95 16:34 Check Register GL540R-VO4 . 1700 PAGE I
AN.r.___... V EN D 0 ...... _____CHECK# I ATE AMOUNT_
LIAR LIQUOR CHECKING ACCOUNT
004009 AETNA LIFE oot CASUALTY 8627 11/09/95 454. 17
004015 AMERICAN LINEN SUPPLY CO 8628 I1./09/95 892. 52
AMERICAN--.RIIcJK--SERV-IC-ES.___.--.--6,62.9--l.1/-0.9/J--5---.-.,---. 273-00
.00001 AUTOMATED ENT . PRODUCTS 8630 11/09/95 404 . 1.5
0042935 BELLBOY CORP . 8631 11/09/95 :40. 69
BO.YD__HOU.L X --I I/
_19 _____ A ' 77
BUSINESS
RECORDS CORP. 8633 11/09/95 1 ,857 .50
004095 COCA COLA BOTTLING 8634 11/09/95 2, 198.80
-__004..101___ -.,...--COMM ERS.- 7
20. 18
004120 EAGLE WINE CO 8636 11/09/95 90'7.p A-
'17
0041135 ELECTRO WATCHMAN INC . 861J7
7 11/09/95 479. 25
00L44-1.1--.--.---F.IRSTAR-aT---ANIHO-N-Y....-B,ANK---,--.-.--8638--11/-O-9/
_9
15,000.00
004145 GANZER DISTRIBUTORS INC 8639 11/09/95 7 , 296.05
004175 GRIGGS COOPER & CO INC 8640 11/09/95 29, 411 . 15
004202._.__..__ fiENN--C.T-Y-.-.SUPPORT-.-.&.-COLL-.-------.8641--11/09/-,95---.-.--,,.-----. 953.58
004205 HOME JUICE CO 8642 11/09/95 118. 65
7
004208 1 C M A RETIREMENT TRUS 864%.j 11/09/95 20.00
004220 JOHNSON BROS. LIB. 8645 11/09/95 2,987.66
004218 JOHNSON PAPER & SUPPLY C 8646 11/09/95 2, 4245..88
KI WAN I_S__.0 LUB
_60.00
00422`"i KRAFT FOODSERVICE 8648 11/09/95 755. 11
0 0 4 2 3%3j LMCIT % BERKLEY RISK SE 8649 11/09/95 1 ,861 .75
-.--00.4265.......... MARr%---VI I..SALES____INC .. 10,046. 32
004272 METZ BAKING CO 8651 11/09/95 51 .86
004274 MIDWEST BUSINESS PRODUCT 8652 11/09/95 51 .09
----004290----- 487.513
7
004338 NORTH STAR ICE 8654 11/09/95 4�jp
7
004 3%J4 NORTH It!-EASTER 86SS 11/09/95 9 1 . 1.0
____0_04345._ _-_ OLD .DUTCH...FOODS- INC-. ... ._ %J
. 188. 75
004353 PAQUETTE MAINTENANCE . IN 8657 11/09/95 960.68
004354 PAUSTIS & SONS 8658 11/09/95 1312.85
PEPSI. COLA..-COMPANY---.... 648. 68
004356 PERRY/DONALD 8660 11/09/95 108.00
7
004360 PHILLIPS WINE & SPIRITS 8661 11/09/95 10, 471J.25
_____..__004376.___ _ PRIOR WINE_CO 3,5;:,2. 12
-7 -%J 14 . 76
004-385 QUALITY WINE CO 8663 11/09/95 'j,
.00004 RAMSEY COUNTY 8664 11/09/95 734 .00
.-00439,0.- REX - DISTRIBUTING ....CO 11/09/95... 11 ,9131 .80 _
004425 SKYVIEW SATELLITE SYSTEM 8666 11/09/95 1 ,094. 17
004285 STAR TRIBUNE 8667 11/09/95 39. 42
.____004450.__ _.STUAR.T. DISTRIB.UTING.. CO- .. -..-.-- 47 .95
004453 li SUBURBAN PAPER & PKG CO 8669 11/09/95 119. 81
004480 TWIN CITY FILTER SERVICE 8670 11/09/95 145.44
UN IT ED_...WAY.__-.__-_.. ll/-0.9/`95.__ 10.00
"'J004270 VAN-0-1-ITE 8672 11/09/95 6*78.96
004494 WASTE MANAGEMENT - BLAIN 8673 11/09/95 44j3.54
_0_0_4495_..__...... WELSH.-.-COMPA
. N-1 E,S....-I N.C. 1.0,0513.09---
LIQUOR CHECKING ACCOUNT 127,5312.66
GRC FINANCIAL SYTEM ST . ANTHONY VILLAG
;1/15/95 16:41 Check Register GL540R-VO4.30 PAGE
BANK VENDOR CHECK# DATEAMOiJI�T
LIAR LIQUOR CHECKING ACCOUNT
004026 APACHE PLAZA MERCHANTS 8676 11/16/95 118.00
004027 ARONSON/TIMOTHY 8677 11/16/95 48.00
004293 BELLBOY CORP. 8678 1 1 , 3Z4 .
004040 BOYD HOUSER CANDY & TOBA 8679 11/16/95 2, 00£x. 25
004093 COMMERCIAL LIFE INS CO 8680 11/16/95 17 .00
COMMISSIONER 1 OF REVENUE 681 11/16/95 5;--
004104 COMPUTER CHEQUE OF MN 8682 11/16/95 131 .00
004110 DICKSON ELECTRIC 8683 11/16/95 366.00
004112 DORIS/BRUCE 8684 11/16/9-S 5.00
004120 EAGLE WINE CO 8685 11/16/95 1 ,605.69
004125 EAST SIDE BEVERAGE CO 8636 11/16/95 19,678.35
004139 FARffER B ,OS CO �-
004410 FIRSTAR ST ANTHONY BANK 8688 11/16/95 4, 101 .20
004175 GRIGGS COOPER & CO INC 8689 11/16/95 9,615.67
004185 R U P-H-E L t PL-N INC 90-11�T95—731.7 2''
004201 HEGGIES PIZZA 8691 11/16/95 171 .0
.00001 INSTY PRINTS 8692 11/16/95 3£x.66
JOHNSON �.�,��®. , .6 g
004225 KRAFT FOODSERVICE 8694 11/16/95 1 ,434 .96
004230 KUETHER DISTRIBUTING CO 8695 11/16/95 26,675.22
004231 LANGRIDGE/MIN 8696 11/16/95 65..00
004241 LILLIE SUBURBAN NEWSPAPE 8697 11/16/95 372.50
0042.',3 LMCIT BERKLEY RISK SE 8698 11/16/95 __2_81_.08 _
�425b LUNUGREN–fMA�TFiEW H . S6 g9 1��6/ 48.00
004266 MARKET MECHANICAL 8700 .11/16/95 515 . 11
004,365 MEDICA CHOICE 8701 11/16/95 1 ,759. 17
004272 ME BAKING CO 8702 11/16/ 5 -
004317 NARDINI FIRE EQUIPMENT C 8703 11/16/95 84 .95
004357 PARTY BELL ENT . 8704 11/16/95 450.00
4---PAt7S1`rS SdNS 7055-11/1
.00002 PERA 8706 11/16/95 48.00
004360 PHILLIPS WINE & SPIRITS 8707 11/16/95 5,272.24
0 OS7M4 STER 87081 -
004376 PRIOR WINE CO 8709 11/16/95 442.33
004380 PUBLIC EMPLOYEE RETIREME 8710 11/16/95 1 ,584.94
a04.38b, rrTV�wTN�co ---4;5-69—.24
004401 ST.A. LIQUOR #1 PC 8712 11/16/95 207.47
004466 SYSCO-MINNESOTA 8713 11/16/95 303.01
LIQUOR CHECKING ACCOUNT 90, 123.68
J
RC FINANCIAL SYSTEM ST . ANTHONY • VILLAC
1/21/95 17:22 Check Register GL540R-VO4. 30 PAGE
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
. 00002 ALBERS MECHANICAL SERV. 10344 11%28/95 926.00
_ 000120 AMERICAN LINEN 10345 11%28%95 14 .00
007201 APACHE GROUP 10346 11%22/95 218 . 24
. 00001 ASPEN EQUIPMENT CO. 10347 11%28/95 1 .443. 08
00001 ASPEN MILLS 10348 11%28/95 177 . 50
000010 AT & T CONS PROD DIV 10349 11/28%95 48.95
007117 B & B SEAT COVER 10350 11/28/95 51 ..40
_ 007187 BERNIES STUMP REMOVAL 10351 11/28/95 197.03
008153 BOB'S PERSONAL COFFEE SE 10352 11/28/95 81 .47
000380 BOUSTEAD ELECTRIC 10353 11/28/95 858.44
007168 BOYER TRUCK PARTS 10354 11/28/95 112.57
008142 BRAUN INTERTEC CORPORATI 10355 11/28/95 1 ,633 59. <:
.; 000610 CATCO:. CLUTCH &:.TRANS SVC 1035611/28/95 2 18<'_:
_ 007363 CCP INDUSTRIES INC 10357 11/28/95 349.93
005198 CENTRAL LOCK & SAFE CO 10358 11/28/95 34. 10
000800 DAVIES WATER EQUIP INC 10359 11/28/95 7. 70
000810 DICKSON ELECTRIC 10360 11/28/95 197.50
001030 G & K SERVICES 10361 11/28/95 172:61.:
007335
G C R ;10362 .11/28/95 49,.50
_ 001110 GENERAL IND' SUPPLY 10,363 11128%95 703
001165 GOODALL RUBBER CO 10364 11/28/95 89.01
001230 GOPHER STATE ONE CALL 10365 11/28%95 78.75
001241 GRACE/DUANE 10366 11/28/95 1 ,068.35
007188 H & L MESABI INC 10367 11/28/95 190.61
°"x:001545 HOOVER WHEEL ALIGNMENT 10368 11/28/95 29.95
001580 HYDRAULIC SPECIALITY CO 10369 11/28/95 207.48
005067 INDEPENDENT SCHOOL DIST 10370 11/28/95 4,486.96
001601 INGMAN LAB 10371 11/28/95 88.00
007307 INTERSTATE 10372 11/28%95 0.71
x,: .000742 KROEPLIN/CONNIE 10373 11/28/95
000715 LEEF EROS 10374 11/28/95 3.67
001981 LMCIT 10375 11/28/95 36,009.50
007216 LOCATOR & MONITOR SALES 10376 11/28/95 84.00
002395 M T I DIST CO 10377 11/28/95 140.50
008197 MCI TELECOMMUNICATIONS 10378 11/28/95 7.81
008162 MEREDITH CABLE 10379 11/28/95 2.36
002240 METRO COUNCIL ENVIRONMEN 10380 11/28/95 38,753.00
002280 MIDWEST ASPHALT CORP 10381 11 /95 427.38
004274 MIDWEST BUSINESS PRODUCT 10382 11/28/95 24.00
007214 MIDWEST MACHINERY INC 10383 11/28/95 41 .82
003070 MILLER/ROBE.RT 10384 11/28/95 55.00
005010 MINN CONWAY FIRE & SAFET 10385 11/28/95 : 303.47
007312 NORTH AMERICAN SALT COMP 10386 11/28/95 1;977'.08
002680 NORTHERN STATES POWER 10387 11/28/95 4,691 .47
002720 NORWEST BANK MINNESOTA N 10388 11/28/95 125.00
00£3172 OSWAL.D HOSE & ADAPTERS 10389 11/28/95 69.23
00003 PARTS MIDWEST, INC. 10390 11/28/95 10.88
;.. .:007217 PARTS PLUS ::10391 11/28/95 'i 43.46 . ;' ,
BRC FINANCIAL SYSTEM ST . ANTHONY `VILLAGi'
t. 11/21/95 17:22 Check Register GL540R-VO4.30 PAG[O
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST ANTHONY CHECKING
002940 POSTMASTER 10392 11/28/95 85.00
_ 002420 STAR TRIBUNE 10393 11/28/95 96.20
007304 STEPP MFG. CO. , INC . 10394 11/28/95 3, 373.92
.00002 SUMMERVILLE/GARY 10395 11/28%95 150.00
003260 T A SCHTFSKY R SONS 10396 11/28%95 200. 00
008202. TIMESAVER OFF SITE SECRE 10397 11/28/95 787.50
. x007209 TOLL; COMPANY 10398` 11/28/95 3b.68
nri�zna Tca��MFNnni�� 10399 11/28/95 320.00
007044,. TWIN CITY JANITOR SUPPLY 10400 11/28/95 388.50
003630 TWIN CITY SAW & SERVICES 10401 11/28/95 1 ,399.02
008010 UNIFORMS UNLIMITED 10402 11/28/95 81 .45
F 0027�OQ r US W EST',COMMUNICATIONS 10403 ,'11/28/95 1,048.77
rd
X003 10: VAN Of L I T E Nib,
. ` ,. 10404; 1}/;28 '95:: 9:03
x ..
X007342 'WACO„-'SCAFFOLDING & EQUIP'-'---.,' " 10405` 11 28/95 384.75
.00003 WOXMAN/BARBARA 10406 11/28/95 50.00
FIRSTAR ST ANTHONY CHECKING 104,016.59 **
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STAFF REPORT
DATE: November 21, 1995
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Petition for a Wall Sign Variance -- Wirth Companies for
the Apache Medical Building
BACKGROUND:
The Wirth Companies, the management company for the Apache Medical building, have
submitted a petition for a sign variance for the Apache Medical building, basing their
request on a lack of adequate exterior commercial signage for business tenants. They are
asking to be allowed to place two additional commercial signs on the exterior south wall.
The Wirth Companies indicated in their application that while some of the established
businesses are recognized and have historically been associated with the "Apache" sign to
denote their location, many of the newer businesses that are now leasing in the building do
not have that advantage. Because they are not as well known in this community, their
contention is that the lack of an exterior sign is creating a hardship in that they are not
• able to provide their services. In an attempt to establish themselves in this community,
they will need the additional signage.
The Wirth Companies also contend that the "Apache" lettering on the white marble in the
center of the building should not be considered in the calculation of the square footage for
signage. Mr. Schmitt explains that the lettering can be removed, but not the white marble
as it is an integral part of the building. It cannot be feasibly removed without damaging
the building.
ANALYSIS:
In reviewing the sign ordinance, it appears that there is an unclear definition of what was
meant by "commercial establishment" with regards to this situation. Chapter 14, (1400.12,
Subd. 2 (1)) states that there will be one identification sign per right-of-way frontage per
commercial establishment. The.question before Staff is, whether or not the Apache
Medical Building is considered one commercial establishment or are the individual service
businesses located within the Apache Medical Building each a commercial establishment?
If the Planning Commission establishes that each business located in the Apache Medical
Building is an individual service establishment, then the next question is the number of
wall signs allowable for the Apache Medical Building. The City's sign ordinance states that
the total area of all wall signs affixed to a wall may not exceed 15% of the total area of that
• wall. Based on the information provided by the Wirth Companies, the total area of the
wall is 9,090 square feet; the total of the proposed sign area, including the Apache sign, is
883.4 square footage, or 9.7% of the wall. If it is determined that the Apache Medical
Building is allowed multiple wall signs, the proposed signs would fall within the 15% of
the total area of the wall restriction.
RECOMMENDATION:
Staff is asking the Planning Conunission to make a determination on the definition of a
commercial establishment and whether the individual businesses in the Apache Medical
Building qualify as such.
Based on the Planning Commission's interpretation, should it be determined that each
service business within the Apache Medical Building is a separate commercial
establishment, the Staff recommends that the Apache Medical Building be authorized to
install the wall signs according to the submitted signage plan, without variance.
Staff also recommends that the variance petition fee be refunded to the Wirth Companies
once it is determined that no variance is required.
Staff also recommends that Wirth Companies adhere to the wall signage restrictions as
stated in 1400.12, Subd. 2 (1), whereby the number of additional signs be limited by the
15% wall coverage and that the Wirth Companies limit the total number of wall signs to
six (6), as per the letter dated October 18, 1995 and submitted to the City.
pcll21.rpt
Date:
Fee: $100.00
CITY OF ST. ANTHONY
Petition for Sign Variance
Applicant: Tice 6, "-fk e��p'e s
Address: yam/ s7411f,17sel^ R14 Ve 00L/ Phone: 70- 9'1
Status of applicant (owner, buyer, renter, agent, etc.): 0 Pon e✓
Street address andjor legal description of property petitioned for variance:
L IV,CA 5W nscv%
l �is5ictia fe,_kr
Zoning district in which property is located: lamduzcloj
Request: 17m 54U106
���(B.-S•n4 �1rl�ibL� St�nS 7� lsc- .P(auo(
•
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
for approval of this request. Please respond to these conditions, using additional sheets,
if necessary.
1.' The granting of the variance will not be detrimental to the public welfare or
injurious to other property in the neighborhood or village.
2. A particular hardship to the applicant would result if the strict letter of the
regulations are adhered to.
3. The conditions upon which the applications for a variance are based are unique
to the parcel of land. for which the variance is sought and are not applicable,
generally, to other property within the same land-use classification.
i'j C
Signature of Applicant Scott 5,k -rk•
Date: l�'/�
110�- fink 00 0011
r i
Th Wirt C p ties
October 18, 1995
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
The Wirth Companies would like to request a variance to commercial sign requirements.
Because of the lack of adequate exterior signage, a hardship had been created for the
tenants leasing space at the Apache Medical & Professional Center. Many of the
businesses located within the building need signage to advertise their services in order to
be successful. Some of the more established medical practices are recognized and
associated with the"Apache"sign as an indicator of their location. The new businesses
that are being attracted to and are leasing space in the building, however, need additional
signage. Currently there are twenty eight businesses located in the building, with a
• potential of eight more leasing space from us in the near future.
At this time we are requesting a variance for two signs as indicated on the attached
diagrams. With the placement of these signs there is a potential other tenants would also
want signs, however in every lease, The Wirth Companies retains the control over the
type, color, and size (if any), will be placed on the building. If anyone should want a sign,
in addition to what we are requesting now, I would again request your approval. All signs
will be of this same type and color as well as style. I do not foresee the possibility of more
than 6 (six) signs ever being placed on the ground level.
The"Apache"sign located in the center of the building, in my opinion could be interpreted
as a sign in two separate ways. The first is by using the square footage of the entire white
marble area(787.5 Sq. Ft.). This white marble, in my opinion is not part of the sign
because it would remain a part of the exterior masonary regardless of the"Apache" letters,
presence on the building. If a 6 inch border were applied to the letters themselves, thus
making it a reasonable designated sign area, the square footage would then be 66 Sq. Ft.
This second interpretation, I feel is a more realistic approach to figuring the total sign area
for this sign.
•
Apache Medical and Professional Center • 4001 Stinson Blvd.,Suite 404 • St.Anthony,MN 55421
(612)788-8881 • FAx(612)788-8855
i
e
Page 2
We are requesting a variance to the sign requirements to put two additional signs on the
first floor exterior of the building. Again,these signs will be professionally done with the
edge of the sign outlined in the emerald color. (Attached is a sample).
Thank you for your consideration. If you have any questions please call me at 788-8881.
Sincerely,
Scott-Schmitt •
M"F.dC
_ Apache Medical'and Professional Center • 4001 Stinson Blvd..Suite 404 • St.Anthony.MN 55421
(612)788-8881 • FAx(612)788-8855
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CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
- TO WHOM IT MAY-CONCERN: - -- '
Notice is hereby given that the Planning Commission will hold a public hearing
on Tuesday, November 21, 1995 at 7:05 P.M. or as soon thereafter as possible,
in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter
northeast comer) for the following purpose:
Applicant: The Wirth Companies
Property Address: 4001 Stinson Boulevard
Proposal: Petition for a sign variance that would allow for the
placement of two commercial signs on the first
floor exterior wall of the Apache Medical Building.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Management Assistant 789-8881. Auxiliary aids are available upon request at
least 96 hours in advance. Please call the City Clerk at 789-8881 to make
arrangements.
Kim Moore-Sykes
Management Assistant
Publish: St. Anthony Bulletin
November 8, 1995
.7
w o
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8'-0"
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R0FE! S'IdNAL Height
CENTER{ .
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MANAGEDM
'nIE Y nR'ri% GO'Agp 1ES
T88 8881 ....
Photo Example of Existing Monument Sign Elevation of Existing Monument Sign Side View
R/o!a Gt t Srq� 3,2 Sq.(F,
i
• Project: Apache Medical Client: With Companles Date: 7.10.95 Pages: 1 of 3 Sign Type#: Modifications to Existing
T H E K R A M E R G R O U P 3279 OWASSO HEIGHTS ROAD
ST. PAUL. MINNESOTA 55126.4168
P R O F E S S I O N A L S I G N & G R A P H I C S E R V I C E S (6 1 2► 4 8 4. 1 5 4 0 F A X (6 1 2) 4 8 4.1 5 5 4 PAGER 580-81 1 6
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South Building Elevation Not to scale
• Project- Apache Sign Plan Ciient: Wirth company Dcte: 8.1.95 Pages: 1 of 3 Sign ijoe x: South Building Elevation Showing Proposed Signaae
T H E K R A M E R G R O U P 0278 MINNESOTA HEIGHTS
S T P A U L. M I N N E S O T A 5 5 7 2 6-< t 4 °-
P R 0 F E S S 1 0 N A L S I G N & G R A P H I C S E R V I C E S (6 1 2) 4 9 A-1 5 4 0 F A X (6 1 2) 4 8 4.1 5°a P A G E R 5 8 0.8 1 : 9
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Project: Apache S1g13 Plan Client: Wirth Comoanv Date: 8.1.95 Pages: 2, of _I Sign Type#: South Building Elevation Showing Proposed Signaae
T H E K R A M E R G R O U P X279 MINNESOTA HEIGHTS ROAD
S7. PAUL. MINNESOTA 55126•at66
P R O F E S S I O N A L S I G N & G R A P H I C S E R V I C E S 16 1 2) 4 6 4-1 5 4 0 F A X (6 1 2) 484-15S4 P A G E R 5 6 0-6 1 1 6
' Existing Brick Wall
Existing Vertical Aluminum Details
Fabricated Raceway Mounted to Existing
Brick Exterior
Fabricated Aluminum Channel Letter Painted
White with Blue 1'Trimcap
15mm Glass Tube and White Illumination
Interior of Letters Painted White
3116'translucent White Acrylic Letter Faces
i`
"{ 60 MA Transformers
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Wall Anchor Hardware
Electrical Connection to Service Provided within 6'
of Sign Location. Service To Sign By Others.
Project: Illuminated Leiter Clienr: Rehab Dvnamlcs,Inc. Date: September 26, 1224__ Pages:_4_ of 13.5 Sign Type#: Illumtnated Neon lit Letter Detail
T H E K R A M E R G R O U P 9279 OWASSO HEIGHTS ROAD
ST. PAUL. MINNESOTA 55126.4168
P R 0 F E S S 1 0 N i , i N GRAPHIC SERVICES (612) 484.1540 FAX (612) 484.1554 PAGER 580.8118
Abi
. ...........
... .....
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878
(612) 782-2800
Mayor November 8, 1995
Joseph Sturdevant
Councilmembers
Donald G.Jolly
Bruce G.Nawrocki '
Gary L.Peterson
Robert W.Ruettimann Mr. Larry'Hamer
City Manager Public Works Director
Patrick Hentges Village of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Subject: Signal at 39th Avenue and Stinson Blvd.
Dear Mr. Hamer:
Some time ago we forwarded to you a Joint Powers Agreement between St. Anthony
and Columbia Heights for the construction of a signal at 39th Avenue and Stinson
Blvd.
We are aware that there is a concern on the part of the St. Anthony Council on using
local funds for the 39th Avenue leg of the intersection. This should no longer be a
concern. On November 10, 1995, new rules will be adopted for State Aid Operations.
One of those rule changes will allow the use of Municipal State Aid Construction
Funds for the non-State Aid legs of intersection for signalization. Enclosed is a copy
of these rule changes, highlighting the applicable change.
Also enclosed is a new copy of the proposed Joint Powers .Agreement for
consideration by the St. Anthony Council
The City of Columbia Heights has contracted with BRW, Inc. for design and
construction management services for the addition of Emergency Pre-Emption to our
Signalized intersections. We will also be utilizing BRW for design of the signalization
at 39th Avenue and Stinson Blvd.
I also request that you contact the Ramsey County Traffic Engineer with regard to
maintaining this proposed signal. If an arrangement on this can be worked out with
Ramsey County, we will utilize their standards for the signal hardware.
-SERVICE IS OUReUSINESS' EQUAL OPPORTUNITY EMPLOYER
Letter to Larry Hamer
November 8, 1995
Page 2
Based on our discussions with BRW, it is anticipated that construction would start on
the signal in April or May of 1996.
If you have any questions or concerns on any of these items, please feel free to
contact me at 782-2882.
Sincerely
Mar A. Winson, P.E.
Pu 'c Works Director/City Engineer
MAW jb
95-687
ESTIMATED COST FOR TRAFFIC SIGNAL
STINSON BOULEVARD AND 39TH AVENUE N.E.
DESCRIPTION PROJECT COST COST PARTICIPATION
M.S.A.S SHARE LOCAL SHARE
Eligible for
M.S.A.S. Funding
HEIGHTS MANOR
STINSON BLVD 39TH AVENUE N.E. DRIVEWAY
COLUMBIA HEIGHTS ST.ANTHONY ST.ANTHONY COLUMBIA HEIGHTS
CONSTRUCTION COST $90,000.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00
ENGINEERING COST
DESIGN (10%) $9,000.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00
CONSTRUCTION (8%) $7,200.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00
TOTAL COST $106,200.00 $26,550.00 $26,550.00 $26,550.00 $26,550.00
CERTIFICATION OF MINUTES RELATING TO
• $2,650,000 GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1995B
Issuer: City of St. Anthony, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on November 27,
1995 at 7:00 o'clock p.m., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages): 1 through 18
RESOLUTION NO. 95- 0 6 3
RESOLUTION RELATING TO $2,650,000 GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1995B; AUTHORIZING THE
• ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND
DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND THE SECURITY THEREFOR
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the obligations referred to in the title of this
certificate, certify that the documents attached hereto, as described above, have been
carefully compared with the original records of said corporation in my legal custody,
from which they have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the governing body of said
corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far
as they relate to said obligations; and that said meeting was duly held by the
governing body at the time and place and was attended throughout by the members
indicated above, pursuant to call and notice.of such meeting given as required by
law.
WITNESS my hand officially as such recording officer this day
of 1995.
Connie Kroeplin
• (SEAL) City Clerk
It was reported that proposals were to be considered at the meeting for
the sale by the City of its $2,650,000 General Obligation Tax Increment Bonds, Series
1995B.
It was reported that proposals for.the purchase of said
Bonds had been received from the following institutions at or before the time stated
in the Terms of Proposal for the sale of the Bonds approved by the City on
October 24, 1995. The proposals were then publicly read and considered, and the
terms of each proposal have been determined to be as follows:
Net Interest
Bid for Interest Cost-True Interest
Name of Bidder Principal Rate Rate
• SEE ATTACHED
Councilmember then introduced the following •
resolution and moved its adoption:
RESOLUTION NO. 95- 0 6 3
RESOLUTION RELATING TO $2,650,000 GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1995B; AUTHORIZING THE
ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND
DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council (the "Council") of the City of St.
Anthony, Minnesota (the City), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council hereby authorizes the sale of
$2,650,000 General Obligation Tax Increment Bonds, Series 1995B (the "Bonds") of
the City, pursuant to Minnesota Statutes, Section 469.178 and Minnesota Statutes,
Chapter 475, to finance a portion of the costs of the construction of a new
community center on property located on land in the City which is subject to the •
redevelopment plans of the HRA.
1.02. Sale of Bonds. The City has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds. Pursuant
to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements
as to public sale do not apply to the issuance of the Bonds. Proposals have been
received for the sale of the Bonds, and the Council has publicly considered all
proposals presented in conformity with the terms and conditions distributed by the
City to potential purchasers of the Bonds. The most favorable of such proposals is
ascertained to be that of , and associates,
of ' (the "Purchaser"), to purchase the Bonds at a price of
$ plus accrued interest on all Bonds to the day of delivery and
payment, on the-further terms and conditions hereinafter set forth.
1.03 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and City Manager are hereby authorized and directed on
behalf of the City to execute a contract for the sale of the Bonds in accordance with
the terms of the proposal. The good faith checks of other bidders shall be returned
to them forthwith.
1.04. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist, •
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
• necessary for the Council to establish the form and terms of the Bonds, to provide
security therefor and to issue the Bonds forthwith.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially
the following form:
•
-2-
STATES F AMERICA
UNITED STA S O •
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION TAX
INCREMENT BOND, SERIES 1995B
Date of
Rate Maturity Original Issue CUSIP
December 1, 1995
REGISTERED
OWNER:
PRINCIPAL
AMOUNT: DOLLARS
THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties,
Minnesota (the "City"), acknowledges itself to be indebted and, for value received,
hereby promises to pay to the registered owner above named, the principal amount
indicated above, on the maturity date specified above, with interest thereon from
the date of original issue set forth above at the annual rate specified above computed
on the basis of the number of days elapsed in a 360-day year consisting of twelve 30-
day months, payable on February 1 and August 1 in each year, commencing
February 1, 1996, to the person in whose name this Bond is registered at the close of
business on the 15th day (whether or not a business day) of the immediately
preceding month, all subject to the provisions referred to herein with respect to the
redemption of the principal of this Bond before maturity. The interest hereon and,
upon presentation and surrender hereof, the principal hereof, are payable in lawful
money of the United States of America by check or draft of
as Bond
Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor
designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of
$2,650,000 all of like date and tenor except as to serial number, interest rate,
redemption privilege and maturity date, issued pursuant to a resolution adopted by
the City Council on November 27, 1995 (the "Resolution")-to finance a portion of
-3-
the costs of the construction by the City of a new community center, and is issued
pursuant to and in full conformity with the provisions of the Constitution and laws
of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section
469.178 and Chapter 475. This Bonds are payable primarily from tax increments to be
derived from tax increment financing districts established by the Housing and
Redevelopment Authority of St. Anthony, Minnesota (the "Districts") which have
been pledged to the payment of the Bonds by the Resolution. In addition, for the
full and prompt payment of the principal and interest on the Bonds as the same
become due, the full faith, credit and taxing power of the City have been and are
irrevocably pledged. The Bonds are issuable only as fully registered bonds, in
denominations of $5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in the years 1996 through 2004 are payable on their
respective stated maturity dates without option of prior payment, but-Bonds having
stated maturity dates in the years 2005 through 2010 are each subject to redemption
and prepayment, at the option of the City and in whole or in part and if in part, in
inverse order of maturities and by lot, assigned in proportion to their principal
amount, within any maturity, on February 1, 2004 and on any date thereafter, at a
price equal to the principal amount thereof to be redeemed plus interest accrued to
the date of redemption. At least thirty days prior to the date set for redemption of
any Bond, notice of the call for redemption will be mailed to the Bond Registrar and
to the registered owner of each Bond to be redeemed at his address appearing in the
• Bond Register, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond, not affected
by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price herein specified
and from and after such date (unless the City shall default.in the payment of the
redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon
the partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
The Bonds have been designated by the City as "qualified tax-exempt
obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as
amended.
As provided in the Resolution and subject to certain limitations set
forth therein, this Bond is transferable upon the books of the City at the principal
office of the Bond Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange, the City will
•
-4-
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in
whose name this Bond is registered as the absolute owner hereof, whether this
Bond is overdue or not, for the purpose of receiving payment and for all other
purposes, and neither the City nor the Bond Registrar shall be affected by any notice
to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed precedent to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the City according to its terms have been done, do exist, have happened and have
been performed as so required; that prior to the issuance hereof the City has pledged
and appropriated to a sinking fund established for the payment of the Bonds tax
increments to be derived by the City from the Districts; that, if necessary for the
payment of principal and interest on the Bonds, ad valorem taxes are required to be
levied upon all taxable property in the City, which levy is not limited as to rate or
amount; and that the.issuance of this Bond does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation. •
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Bond Registrar by manual
signature of one of the authorized representatives of the Bond Registrar.
IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and
Ramsey Counties, State of Minnesota, by its City Council, has caused this Bond to be
executed by the signatures of the Mayor and the City Manager and has caused this
Bond to be dated as of the date set forth below.
Date of Authentication: CITY OF ST. ANTHONY
City Manager Mayor
(SEAL)
•
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• CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution
mentioned within.
as Bond Registrar
By
.Authorized Representative
The following abbreviations, when used in the inscription on the face
of this Bond, shall be construed as though they were written out in full according to
the applicable laws or regulations:
TEN COM - as tenants UNIF TRANS MIN
• ACT..........Custodian..........
in common (Cult) (Minor)
TEN ENT — as tenants
by the entireties
under Uniform Transfers to
JT TEN -- as joint tenants Minors
with right of
survivorship and Act...................................................
not as tenants in (State)
common
Additional abbreviations may also be used.
•
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto , the within Bond and all
rights thereunder, and hereby irrevocably constitutes and-appoints
attorney to transfer the within Bond on the books kept
for registration thereof, with full power of substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
OF ASSIGNEE: assignment must correspond with the
name as it appears upon the face of the
within Bond in every particular,
without alteration or any change
whatsoever.
Signature(s) must be guaranteed by an
"eligible guarantor institution"
meeting the requirements of the
Bond Registrar, which requirements
include membership or participation
in the Securities Transfer Association
Medalion Program (STAMP) or such
other "signature guaranty program"
as may be determined by the Bond
Registrar in addition to or in
substitution for STAMP, all in
accordance with the Securities
Exchange Act of 1934, as amended.
•
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• Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities, Interest Rates, Denominations, Payment. The City
shall forthwith issue and deliver the,Bonds, which shall be denominated "General
Obligation Tax Increment Bonds, Series 1995B". The Bonds shall be dated as of
December 1, 1995, shall be issuable in the denomination of $5,000 each or any
integral multiple thereof, shall mature on February 1 in the years and amounts set
forth below, and Bonds maturing in such years and amounts shall bear interest
from the date of original issue of the Bonds computed on the basis of the number of
days elapsed in a 360-day year consisting of twelve 30-days months from December 1,
1995 until paid or duly called for redemption at the rates per annum shown opposite
such years and amounts as follows:
Year Amount Rate Year Amount Rate
1996 $130,000 % 2004 $180,000 ' %
1997 . 135,000 2005 190,000
1998 140,000 2006 195,000
1999 145,000 2007 205,000
2000 150,000 2008 220,000
2001 155,000 2009 230,000
• 2002 165,000 2010 240,000
2003 170,000
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof, shall be payable by
check or draft issued by the Registrar described herein.
3.02. Dates: Interest Payment Dates. Each Bond shall bear a date of
original issue of Dcember 1, 1995, and shall be dated as of the date of authentication.
Interest on the Bonds shall be payable on February 1 and August 1 in each year,
commencing February 1, 1996, to the owner of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether or not
such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the "Registrar"). The effect of registration
and the,rights and duties of the City and the Registrar with respect thereto shall be as
follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
• Bonds entitled to be registered, transferred or exchanged.
b Transfer of Bonds. Upon surrender for transfer of any Bond dul Y •
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any.Bond is surrendered by the
registered owner for exchange, the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney duly authorized in
writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is legally authorized. The Registrar shall incur no liability for its
refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the-Registrar
may treat the person in whose name any Bond is at any time registered in the
bond register as the absolute owner of such Bond, whether such Bond shall be
overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on such Bond and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order
shall be valid and effectual to satisfyy and discharge the liability of the City
upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
•
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(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any such Bond lost, stolen or destroyed, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond lost, stolen or destroyed,
upon filing with the Registrar of evidence satisfactory to it that such Bond
was lost, stolen or destroyed, and of the ownership thereof, and upon
furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be canceled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall
not be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent: The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints
• in P as the
initial Registrar. The Mayor and City Manager are authorized to execute and
deliver, on behalf of the City, a contract with
as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or trust
company authorized by law to conduct such business, such corporation shall be
authorized to act as successor Registrar. The City agrees to pay the reasonable and
customary charges of the Registrar for the services performed. The City reserves the
right to remove any Registrar upon thirty (30) days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar shall
deliver all cash and Bonds in its possession to the successor Registrar. On or before
each principal or interest due date, without further order of this Council, the
Finance Director shall transmit to the Registrar from the Series 1995B General
Obligation Tax Increment Bond Sinking Fund described in Section 4 hereof, moneys
sufficient for the payment of all principal and interest then due.
3.05. Redemption. Bonds maturing in the years 1996 through 2004
shall not be subject to redemption prior to maturity, but Bonds maturing in the
years 2005 through 2010 shall each be subject to redemption and prepayment, at the
option of the City, in whole or in part, and if in part, in inverse order of maturities
and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, on February 1, 2004 and on any date thereafter at a price equal to the principal
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amount thereof to be redeemed plus interest accrued to the date of redemption. At
least thirty days prior to the date set for redemption of any Bond, the City Finance
Director shall cause notice of the call for redemption to be mailed to the Registrar
and to the registered owner of each Bond to be redeemed, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. The notice of
redemption shall specify the redemption date, redemption price, the numbers,
interest rates and CUSIP numbers of the Bonds to be redeemed and the place at
which the Bonds are to be surrendered for payment, which is the principal office of
the Registrar. Official notice of redemption having been given as aforesaid, the
Bonds or portions thereof so to be redeemed shall, on the redemption date, become
due and payable at the redemption price therein specified and from and after such
date (unless the City shall default in the payment of the redemption price) such
Bonds or portions thereof shall cease to bear interest.
In addition to the notice prescribed by the preceding paragraph, the City
shall also give, or cause to be given, notice of the redemption of any Bond or Bonds
or portions thereof at least 35 days before the redemption date by certified mail or
telecopy to the Purchaser and all registered securities depositories then in the
business of holding substantial amounts of obligations of the character of the Bonds
(such depositories now being The Depository Trust Company, of Garden City, New
York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities
Depository Trust Company, of San Francisco, California; and Philadelphia
Depository Trust Company, of Philadelphia, Pennsylvania) and one or more
national information services that disseminate information regarding municipal
bond redemptions; provided that any defect in or any failure to give any notice of
redemption prescribed by this paragraph shall not affect the validity of the
proceedings for the redemption of any Bond or portion thereof.
Bonds in a denomination larger than $5,000 may be redeemed in part
in any integral multiple of $5,000. The owner of any Bond redeemed in part shall
receive, upon surrender of such Bond to the Registrar, one or more new Bonds of
such same series in authorized denominations equal in principal amount to the
unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under, the
direction of the City Finance Director and shall be executed on behalf of the City y
the signatures of the Mayor and the City Manager. In case any officer whose
signature shall appear on the Bonds shall cease to be such officer before the delivery
of any Bond, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery.
Notwithstanding such execution, no Bond shall be valid or obligatory for any
purpose or entitled to any security or benefit under this resolution unless and until
a certificate of authentication on such Bond has been duly executed by the manual
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signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative.
The executed certificate of authentication on each Bond shall be conclusive evidence
that it has been authenticated and delivered under this resolution. When the
Bonds have been so executed and authenticated, they shall be delivered by the City
Finance Director to the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore made and executed, and the Purchaser shall not
be obligated to see to the application of the purchase price.
3.07. Securities Deposes (a) For purposes of this Section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,
New York.
"Participant" shall mean any broker-dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter from the
City and the Registrar to DTC with respect to the Bonds, substantially in the form to
be prepared by Dorsey & Whitney P.L.L.P., Bond Counsel, and approved by the
Mayor.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede & Co., as nominee of
DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and
exclusive owner.of the Bonds registered in its name for the purposes of payment of
the principal of or interest on the Bonds, selecting the Bonds or portions thereofto
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the City shall,be affected
by any notice to the contrary. Neither the Registrar nor the City shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person,which is not shown on the bond register as being a registered owner of
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any Bonds, with respect to.the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with the
Representation Letter, and all such payments shall be valid and effective to fully
satisfy and discharge the City's obligations with respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bonds in the form of bond certificates,
the City may notify DTC and the Registrar, whereupon DTC shall notify the
Participants of the availability through DTC of Bonds in the form of certificates. In
such event, the Bonds will be transferable in accordance with paragraph (e) hereof.
DTC may determine to discontinue providing its services with respect to the Bonds
at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds
will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor is hereby authorized, and execution of the Representation Letter by the
Mayor shall be conclusive evidence of approval by the Mayor of the form and terms
thereof. The Representation Letter shall set forth certain matters with respect to,
among other things, notices, consents and approvals by registered owners of the
Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have
the same rights with respect to its actions thereunder as it has with respect to its
actions under this resolution.
(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
issued to owners other than Cede & Co., its successor as nominee for DTC as
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owner of all the Bonds, or another securities depository as owner of all the Bonds,
the provisions of this resolution shall also apply to all matters relating thereto,
including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates.
Section 4. Use of Proceeds and Security Provisions.
Section 4.01. Construction Fund. A Construction Fund is hereby
created, as a special fund and designated on the books of the City as the "1995 Tax
Increment Bonds Construction Fund" (the "Construction Fund"), to be created and
maintained on the books of the City separate and apart from all other funds of the
City. The City hereby appropriates to the Construction Fund all of the proceeds
received from the sale of the Bonds, less any accrued interest on the Bonds, which
accrued interest shall be deposited in the Sinking Fund, as defined in Section 4.02
hereof. Moneys on hand in the Construction Fund from time to time shall be used
solely to pay a portion of the costs of construction by the City of a community center;
provided that only the costs allocable to the portion of the community center to be
used for social, recreation or conference purposes and not primarily for conducting
the business of the City.shall be paid from amounts in the Construction Fund. Any
amounts remaining in the Construction Fund upon payment of all such costs shall
be transferred to the Bond Fund.
• Section 4.02. General Obligation Tax Increment Bond Sinking Fund.
The Bonds shall be payable from a separate Series 1995B General Obligation Tax
Increment Bond Sinking Fund (the "Sinking Fund") which shall be created and .
maintained on the books of the City as a separate debt redemption fund until the
Bonds, and all interest thereon, are fully paid. There shall be credited to the Sinking
Fund the following:
(a) Any amount initially deposited therein pursuant to Section 4.01
hereof.
(b) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the
Bonds, including the tax increments herein pledged and appropriated to the Sinking
Fund and all collections of any ad valorem taxes levied for the payment of the
Bonds.
(c) Any other funds appropriated by the Council for the payment of the
Bonds.
4.03. Pledge of Tax Increment. Tax increment derived from Kenzie
Terrace Tax Increment District (Hennepin County No. 1950)and Chandler Place Tax
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Increment District (Ramsey County No. 58) (the "Districts") of the Housing and -
Redevelopment Authority of St. Anthony, Minnesota (the "HRA") are hereby
irrevocably pledged to the payment of the principal of and interest on the Bonds.
Such pledge of tax increment shall be on a parity with the pledge of such revenues
to pay any other bonds of the City or HRA. The HRA and the City shall enter into a
Pledge Agreement whereby the HRA shall pledge and appropriate tax increment
from the Districts to pay the Bonds.
4.04. Full Faith and Credit Pledged. The full faith and credit and taxing
power of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds. It is estimated that the tax
increment from the Districts and other funds herein pledged for the payment of the
Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds and
all other obligations of the City payable from tax increments from the Districts as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2.
4.05. Additional Bonds. The City reserves the right to issue additional
bonds payable from the Sinking Fund and tax increments to be derived from the
Districts may be used to finance costs of other projects to be undertaken in
accordance with the redevelopment plans of the HRA or to refund bonds previously
issued for such purpose.
Section 5. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by depositing with
the paying agent on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be discharged
by depositing with the paying agent a sum sufficient for the payment thereof in full
with interest accrued to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bond called for redemption on any date
when it is prepayable according to their terms, by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full; provided that
notice of the redemption thereof has been duly given as provided in Section 3.05.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow
agent for this purpose, cash or securities which are general obligations of the United
States or securities of United States agencies which are authorized by law to be so
deposited, bearing interest payable at such time and at such rates and maturing on
such dates as shall be required, without reinvestment, to pay all principal and
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interest to become due thereon to maturity or, if notice of redemption as herein
required has been duly provided for, to such earlier redemption date.
Section 6. Registration Certification of Proceedings. Investment of
Moneys Arbitrage Interest Disallowance and Official Statement.
6.01. .Registration. The City Clerk is hereby authorized and directed to
file a certified copy of this resolution with the County Auditors of Hennepin and
Ramsey Counties, together with such other information as he shall require, and to
obtain from each County Auditor a certificate that the Bonds have been entered on
upon the Auditor's register as required by law.
6.02. Certification of Proceedings. The officers of the City and the
County Auditors of Hennepin and Ramsey Counties are hereby authorized and
directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney P.L.L.P.,
Bond Counsel, certified copies of all proceedings and records of the City, and such
other affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds as the same appear from the
books and records under their custody and control or as otherwise known to-them,
and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited therein.
6.03. Covenant. The City covenants'and agrees with the holders from
time to time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue.Code of 1986, as
amended (the "Code") and the Regulations promulgated thereunder (the
"Regulations"), as such are enacted or promulgated and in effect on the date 'of issue
of the Bonds, and covenants to take any and all actions within its powers to ensure
that the interest on the.Bonds will not become subject to taxation under such Code
and Regulations. The City represents and covenants that the City will be the owner
of all facilities financed by the Bonds and said facilities will be available for use by all
members of the general public on a substantially equal basis. So long as the Bonds
are outstanding, the City will not enter into any lease, use agreement or other
contract or agreement respecting said facilities which would cause the Bonds to be
.considered "private activity bonds" or "private loan bonds'-' pursuant to the
provisions of Section 141 of the Code.
6.04. Arbitrage. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the Purchaser a
certificate in accordance with the provisions of Section 148 of the Code, and Sections
1.148 of the Regulations, stating the facts, estimates and circumstances in existence
on the date of issue and delivery of the Bonds which make it reasonable to expect
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that the proceeds of the Bonds will not be used in a manner that would cause the
Bonds to be arbitrage bonds within the meaning of said Code and Regulations.
It is hereby determined that the City will qualify for the exception from
arbitrage rebate for the Bonds provided by Section 148(f)(4)(D) of the Code since:
(i) the City is a governmental unit with general taxing powers;
(ii) the Bonds are not "private activity bonds" as defined in Section
141 of the Code (Private Activity Bonds);
(iii) ninety-five percent of the net proceeds of the Bonds are to be
used for the local governmental purposes of the City; and
(iv) the aggregate face amount of all tax-exempt bonds (other than
Private Activity Bonds) issued by the City in 1995 in which the
Bonds are to be issued is not reasonably expected to exceed
$5,000,000.
Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City
shall not be required to comply with the arbitrage rebate requirements of paragraphs
(2) and (3) of Section 148(f) of the Code.
6.05. Interest Disallowance. The City hereb desi gn ates the Bonds as
"qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating
to the disallowance of interest expenses for financial institutions. The City
represents that in calendar year 1995 the City and all subordinate entities do not
reasonably expect to issue tax-exempt obligations which are not private activity
bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private
activity bonds for purposes of this representation) in an amount in excess of
$10,000,000.
6.06. Official Statement. The Official Statement relating to the Bonds,
dated November 13, 1995 (the "Official Statement"), prepared and distributed on
behalf of the City by Springsted Incorporated, is hereby approved. Springsted
Incorporated is hereby authorized of behalf of the City to prepare and distribute to
the Purchaser a supplement to the Official Statement listing the offering price, the
interest rates, other information relating to the Bonds required to be included in the
Official Statement by Rule 15c2-12 adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934. Within seven business
days from the date hereof, the City shall deliver to the Purchaser 100 copies of the
Official Statement and such supplement.. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency of the Official Statement.
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Section 7. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
Mayor
Attest:
City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Member . and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was
approved and signed by the Mayor, whose signature was attested by the City Clerk.
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COUNTY AUDITOR'S CERTIFICATE
AS TO BOND REGISTRATION
i
I, the undersigned, being the duly qualified and acting County Auditor
of Hennepin County, Minnesota, hereby certify that there has been filed in my office
a certified copy of Resolution No. , adopted November 27, 1995 by the City
Council of the City of St. Anthony, Minnesota, awarding the sale, fixing the form
and details and providing for the execution, delivery and security of $2,650,000
General Obligation Tax Increment Bonds, Series 1995B, of the City to be dated, as
originally issued, as of December 1, 1995.
I further certify that said Bonds has been entered on my bond register as
required by Minnesota Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this _ day of . 1995.
County Auditor
(SEAL)
OFFICIAL STATEMENT DATED NOVEMBER 13, 1995
Rating: Requested from Moody's
NEW ISSUE Investors Service
In the opinion of Dorsey& Whitney P.L.L.P., Bond Counsel, on the basis of laws in effect on the date of issuance of
the Bonds, interest on the Bonds is not includable in grass income of the recipient for federal income tax purposes or
in taxable net income of individuals, estates and trusts for Minnesota income tax purposes, but is includable in
taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax. (For a
discussion of related issues see'Tax Exemption"herein.)
$2,650,000
City of St. Anthony, Minnesota
General Obligation Tax Increment Bonds, Series 19958
(Book Entry Only)
Dated Date: December 1, 1995 Interest Due: Each February 1 and August 1,
commencing February 1, 1996
The Bonds will mature February 1 as follows:
1996 $130,000 2000 $150,000 2004 $180,000 2008 $220,000
! 1997 $135,000 2001 $155,000 2005 $190,000 2009 $230,000
1998 $140,000 2002 $165,000 2006 $195,000 2010 $240,000
1999 $145,000 2003 $170,000 2007 $205,000
The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or
after February 1, 2005 at a price of par plus accrued interest.
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax
increment income received from the City's Chandler Place and Kenzie Terrace Housing and
Redevelopment Tax Increment Districts. The proceeds will be used to finance the construction
of a Community Center Complex.
Proposals shall be for not less than $2,610,250 and must be accompanied by a good faith
deposit in the form of a certified or cashier's check or a Financial Surety Bond in the amount of
$26,500, payable to the order of the City. Rates shall be specified in integral multiples of 5/100
or 1/8 of 1% and must be in ascending order. The Bonds will be awarded on the basis of True
Interest Cost (TIC).
The Bonds will be bank-qualified tax-exempt obligations pursuant to Section 265(b)(3) of the
Internal Revenue Code of 1986, as amended, and will not be subject to the alternative minimum
tax for individuals.
l
The Bonds will be issued as fully registered bonds without coupons and, when issued, will be
registered in the name of Cede & Co., as nominee of The Depository Trust Company (the
"Depository"). The Depository will act as securities depository of the Bonds. Individual
` purchases may be made in book entry form only, in the principal amount of$5,000 and integral
multiples thereof. Purchases will not receive certificates representing their interest in the Bonds
purchased. (See "Book Entry System" herein.) The City will name the Registrar and pay for
registration services.
PROPOSALS RECEIVED: November 27, 1995 (Monday)at 11:00 A.M., Central Time
AWARD: November 27, 1995 (Monday) at 7:00 P.M., Central Time
Further information may be obtained from
S P R I N G S T E D SPRINGSTED Incorporated, Financial Advisor to
the Issuer, 85 East Seventh Place, Suite 100,
PUBLIC FINANCE ADVISORS Saint Paul,Minnesota 55101 (612)223-3000
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission,
this document, as the same may be supplemented or corrected by the Issuer from time to time
(collectively, the "Official Statement"), may be treated as an Official Statement with respect to
the Obligations described herein that is deemed final as of the date hereof (or of any such
supplement or correction) by the Issuer, except for the omission of certain information referred
to in the succeeding paragraph.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Obligations, together with any other
information required by law, shall constitute a "Final Official Statement" of the Issuer with
respect to the Obligations, as that term is defined in Rule 15c2-12. Any such addendum shall,
on and after the date thereof, be fully incorporated herein and made a part hereof by reference.
By awarding the Obligations to any underwriter or underwriting syndicate submitting a Proposal
therefor, the Issuer agrees that, no more than seven business days after the date of such
award, it shall provide without cost to the senior managing underwriter of the syndicate to which
the Obligations are awarded copies of the Official Statement and the addendum or addenda I
described in the preceding paragraph in the amount specified in the Terms of Proposal.
The Issuer designates the senior managing underwriter of the syndicate to which the
Obligations are awarded as its agent for purposes of distributing copies of the Final Official
Statement to each Participating Underwriter. Any underwriter delivering a Proposal with
respect to the Obligations agrees thereby that if its bid is accepted by the Issuer (i) it shall
accept such designation and (ii) it shall enter into a contractual relationship with all Participating
Underwriters of the Obligations for purposes of assuring the receipt by each such Participating
Underwriter of the Final Official Statement.
No dealer, broker, salesman or other person has been authorized by the Issuer to give any
information or to make any representations with respect to the Obligations other than as
contained in the Official Statement or the Final Official Statement, and, if, given or made, such
other information or representations must not be relied upon as having been authorized by the
Issuer. Certain information contained in the Official Statement and the Final Official Statement
may have been obtained from sources other than records of the Issuer and, while believed to
be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND
EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL
STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE
OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE
UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS
BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF.
References herein to laws, rules, regulations, resolutions, agreements, reports and other
documents do not purport to be comprehensive or definitive. All references to such documents
are qualified in their entirety by reference to the particular document, the full text of which may
contain qualifications of and exceptions to statements made herein. Where full texts have not
been included as appendices to the Official Statement or the Final Official Statement, they will
be furnished on request.
TABLE OF CONTENTS
Page(s)
Termsof Proposal ............................................................................................................ i-iv
Scheduleof Bond Years .................................................................................................. v
IntroductoryStatement ..................................................................................................... 1
ContinuingDisclosure....................................................................................................... 1
iThe Bonds........................................................................................................................ 1
OptionalRedemption........................................................................................................ 2
Book................................................................................................................................. 2-3
Authorityand Purpose...................................................................................................... 3
Securityand Financing ..................................................................................................... 4
Future Financing.................................................. .............. 4
Litigation
Legality ......................................................................................... 4
TaxExemption.................................................................................................................. 4-5
Bank-Qualified Tax-Exempt Obligations ........................................................................... 5
FinancialAdvisor.............................................................................................................. 5-6
Rating............................................................................................................................... 6
Certification....................................................................................................................... 6
CityProperty Values......................................................................................................... 6-7
CityIndebtedness............................................................................................................. 8-10
City Tax Rates, Levies and Collections............................................................................. 10-11
Fundson Hand................................................................................................................. 11
Investments...................................................................................................................... 11-12
General Information Concerning the City.......................................................................... 12-13
Governmental Organization and Services......................................................................... 14-15
Proposed Form of Legal Opinion ............................................................................ Appendix
Summary of Tax Levies, Payment Provisions, and
Minnesota Real Property Valuation ...................................................................... Appendix II
Annual Financial Statements .................................................................................. Appendix III
ProposalForms ...................................................................................................... Inserted
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$2,650,000
CITY OF ST. ANTHONY, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995B
(BOOK ENTRY ONLY)
Proposals for the Bonds will be received on Monday, November 27, 1995, until 11:00 A.M.,
Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint
Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award `
of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. I
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the
submitted Proposal. Springsted will assume no liability for the inability of the_ bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE,
Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor
Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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 of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated December 1, 1995, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will
be computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature February 1 in the years and amounts as follows:
1996 $130,000 2000 $150,000 2004 $180,000 2008 $220,000
1997 $135,000 2001 $155,000 2005 $190,000 2009 $230,000
1998 $140,000 2002 $165,000 2006 $195,000 2010 $240,000
1999 $145,000 2003 $170,000 2007 $205,000
BOOK ENTRY SYSTEM
The Bonds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
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representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"),
New York, New York, which will act as securities depository of the Bonds. Individual purchases
of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single
maturity through book entries made on the books and records of DTC and its participants.
Principal and interest are payable by the registrar to DTC or its nominee as registered owner of
the Bonds. Transfer of principal and interest payments to participants of DTC will be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants will be the responsibility of such participants and other nominees of beneficial
owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the
Bonds with DTC.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
OPTIONAL REDEMPTION
I The City may elect on February 1, 2004, and on an day thereafter, to preps Bonds due on or
Y Y rY Y Y Y
after February 1, 2005. Redemption may be in whole or in part and if in part at the option of the
City and in such manner as the City shall determine. If less than all Bonds of a maturity are
called for redemption, the City will notify DTC of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to
be redeemed and each participant will then select by lot the beneficial ownership interests in
such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax
increment income received from the City's Chandler Place and Kenzie Terrace Housing and
Redevelopment Tax Increment Districts. The proceeds will be used to finance the construction
of a Community Center Complex.
TYPE OF PROPOSALS
Proposals shall be for not less than $2,610,250 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $26,500,
payable to the order of the City. If a check is used, it must accompany each proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at
settlement and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City. No proposal can
be withdrawn or amended after the time set for 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. Rates shall be in integral multiples of 5/100 or
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1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single
rate from the date of the Bonds to the date of maturity. No conditional proposals will be
accepted.
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.
The City will reserve the right to: (i) 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 which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the I
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P.
of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate.
On the date of settlement-payment for the Bonds shall be made in federal, or equivalent, funds
which shall be received at the offices of the City or its designee not later than 12:00 Noon,
Central Time. Except as compliance with the terms of payment for the Bonds shall have been
made impossible by action of the City, or its agents, the purchaser shall be liable to the City for
any loss suffered by the City by reason of the purchaser's non-compliance with said terms for
payment.
CONTINUING DISCLOSURE
Bidders and other .participating underwriters in the primary offering of the Bonds need not
comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange
Commission under the Securities Exchange Act of 1934 (the "Rule"), because the City is the
only "obligated person" in respect of the Bonds under the Rule and, giving effect to the
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issuance of the Bonds and other securities that must be integrated with the Bonds, there will not
be more than $10 million in principal amount of municipal securities outstanding on the date of
issuance of the Bonds as to which the City is an obligated person (excluding municipal
securities exempt from the Rule under paragraph (d)(1) thereof). Consequently, the City will
not enter into any undertaking to provide continuing disclosure of any kind with respect to the
Bonds. _
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a "Final Official Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of
the Official Statement and the addendum or addenda described above. The City designates
the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent
for purposes of distributing copies of the Final Official Statement to each Participating _
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes
of assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated October 24, 1995 BY ORDER OF THE CITY COUNCIL
/s/ Michael Morrison
City Manager
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SCHEDULE OF BOND YEARS
$2,650,000
CITY OF ST. ANTHONY, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995B
(BOOK ENTRY ONLY)
Cumulative
Year Principal Bond Years Bond Years
1996 $130,000 21 .6667 21 .6667
1997 $135,000 157.5000 179.1667
1998 $140,000 303.3333 482.5000
1999 $145,000 459.1667 941 .6667
2000 $150,000 625.0000 1 ,566.6667
2001 $155,000 800.8333 2,367.5000
2002 $165,000 1 ,017.5000 3,385.0000
2003 $170,000 1 ,218.3333 4,603.3333
2004 $180,000 1 ,470.0000 6,073.3333
2005 $190,000 c 1 ,741 .6667 7,815.0000
2006 $195,000 c 1 ,982.5000 9,797.5000
2007 $205,000 c 2,289.1667 12,086.6667
2008 $220,000 c 2,676.6667 14,763.3334
2009 $230,000 c 3,028.3333 17,791 .6667
2010 $240,000 c 3,400.0000 21 ,191 .6667
Average Maturity: 8.00 Years
Bonds Dated: December 1 , 1995
Interest Due: February 1 , 1996 and each February 1 and August 1 to maturity.
Principal Due: February 1 , 1996-2010 inclusive.
Optional Call: Bonds maturing on or after February 1 , 2005 are callable
commencing February 1 , 2004 and any date thereafter at par.
(See Terms of Proposal. )
c: subject to optional call
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OFFICIAL STATEMENT
$2,650,000
CITY OF ST. ANTHONY, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995B
(BOOK ENTRY ONLY)
INTRODUCTORY STATEMENT
This Official Statement contains certain information relating to the City of St. Anthony,
Minnesota (the "City"), and its issuance of $2,650,000 General Obligation Tax Increment
Bonds, Series 1995B (the "Bonds" or the 'Issue"). The Bonds are general obligations of the
City for which the City pledges its full faith and credit and power to levy direct general ad
valorem taxes without limit as to rate or amount.
Inquiries may be directed to Mr. Roger Larson, Finance Director, City of St. Anthony, 3301
Silver Lake Road, St. Anthony, Minnesota 55418 or by telephoning (612) 789-8881. Inquiries
may also be made to Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul,
Minnesota 55101-2143, or by telephoning (612) 223-3000. If information of a specific legal
matter is desired, requests may be directed to Mr. Jerome Gilligan, Dorsey & Whitney P.L.L.P.,
2200 First Bank Place East, Minneapolis, Minnesota 55402, Bond Counsel, or by telephoning
(612) 340-2600.
CONTINUING DISCLOSURE
Although the principal amount of the Bonds exceeds $1,000,000, at the time of delivery of the
Bonds, the City will not be obligated with respect to more than $10,000,000 of outstanding
municipal securities, including the Bonds being offered hereby. The new continuing disclosure
provisions of SEC Rule 15c2-12 do not apply to such small issuers for offerings commencing
prior to January 1, 1996. Consequently, the City is not covenanting to provide annual financial
information, notices of certain material events or any other disclosure which might otherwise be
required by SEC Rule 15c2-12(d)(2).
THE BONDS
General Description
The Bonds will be dated December 1, 1995 and will mature annually each February 1, as set
forth on the cover of this Official Statement. The Bonds are being issued in global book entry
form. Interest on the Bonds is payable February 1, 1996 and semiannually thereafter on each
August 1 and February 1 and will be payable, together with principal, only at maturity or upon
prior redemption. Principal of and interest on the Bonds will be paid as described herein. The
City will name the Registrar and pay for the registration services.
OPTIONAL REDEMPTION
The City may elect on February 1, 2004, and on any day thereafter, to prepay the Bonds due
on February 1, 2005. Redemption may be in whole or in part and if in part at the option of the
City and in such order as the City shall determine. If a maturity is prepaid only in part,
prepayments will be in increments of$5,000 of principal. All optional prepayments shall be at a
price of par plus accrued interest.
BOOK ENTRY SYSTEM
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository
for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of
Cede & Co. (DTC's partnership nominee). One fully-registered Bond certificate per maturity will
be issued in the principal amount of the Bonds maturing in such year, and will be deposited with
DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a
"banking organization" within the meaning of the New York Banking Law, a member of the
Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform
Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A
of the Securities Exchange Act of 1934. DTC holds securities that its participants
("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of
securities transactions, such as transfers and pledges in deposited securities through electronic
computerized book entry changes in Participants' accounts, thereby eliminating the need for
physical movement of securities certificates. Direct Participants ("Direct Participants") include
securities brokers and dealers, banks, trust companies, clearing corporations, and certain other
organizations. DTC is owned by a number of its Direct Participants and by the New York Stock
Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities
Dealers, Inc. Access to the DTC system is also available to others such as securities brokers
and dealers, banks, and trust companies that clear through or maintain a custodial relationship
with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules
applicable to DTC and its Participants are on file with the Securities and Exchange
Commission.
Purchases of Bonds under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Bonds on DTC's records. The ownership interest of each
actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and
Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC
of their purchase, but Beneficial Owners are expected to receive written confirmations providing
details of the transaction, as well as periodic statements of their holdings, from the Direct or
Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers
of ownership interest in the Bonds are to be accomplished by entries made on the books of
Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive
certificates representing their ownership interest in the Bonds, except in the event that use of
the book entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered
in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and
their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has
no knowledge of the actual Beneficial Owners of the Bonds. DTC's records reflect only the
identity of the Direct Participants to whose accounts such Bonds are credited, which may or
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may not be the Beneficial Owners. The Participants will remain responsible for keeping
account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to
Beneficial Owners will be governed by arrangements among them, subject to any statutory or
regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to Cede & Co. If less than all of the Bonds within an issue
are being redeemed, DTC's practice is to determine by lot the amount of the interest of each
Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual
procedures, DTC mails an Omnibus Proxy to the Bond Registrar as soon as possible after the
record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those
Direct Participants to whose accounts the Bonds are credited on the record date (identified in a
listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit
Direct Participants' accounts on the payment date in accordance with their respective holdings
shown on DTC's records unless DTC has reason to believe that it will not receive payment on
payable date. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of
customers in bearer form or registered in "street name," and will be the responsibility of such '7
Participants and not of DTC, or the City, subject to any statutory or regulatory requirements as
may be in effect from time to time. Payment of principal or interest to DTC is the responsibility
of the Registrar, disbursement of such payments to Direct Participants shall be the
responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the
responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds
at any time by giving reasonable notice to the Bond Registrar. Under such=circumstances, in -_
the event that a successor securities depository is not obtained, Bond certificates are required
to be printed and delivered.
The City may decide to discontinue use of the system of book entry transfers through DTC (or a
successor securities depository). In that event, Bond certificates will be printed and delivered.
The information in this section concerning DTC and DTC's book entry has been obtained from
sources that the City believes to be reliable, but the City takes no responsibility for the accuracy
thereof.
AUTHORITY AND PURPOSE
The Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. The
proceeds of the Bonds will be used to finance the construction of a Community Center Complex
which will house a gymnasium, recreational and education facilities. The facility will be
constructed in conjunction with a new City Hall being built and paid for with cash. The
composition of the Issue is as follows:
Total Project Costs $2,563,000
Issuance Costs 47,250
Allowance for Discount Bidding 39.750
Total Bond Issue $2.650.000
i
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SECURITY AND FINANCING
In addition to its general obligation pledge, the City pledges tax increment income received from
the City's Chandler Place and Kenzie Terrace Housing and Redevelopment Tax Increment
Districts. Tax increment revenues are projected to total $3,600,000 over the life of the Issue.
The February 1, 1996 interest payment, which is due prior to the first collection of taxes, will be
made from surplus tax increment funds currently held by the City. Thereafter, ad valorem tax
levies and tax increments, if collected in full, will be sufficient to pay 105% of the August 1
interest due in the year of collection and the February 1 principal and interest payment due in
the following year. The City anticipates net requirements of approximately $24,811 annually
which will be paid from other available funds at its disposal, including rental proceeds from the
school district, thus eliminating the need for a tax levy.
FUTURE FINANCING
The City does not anticipate any additional borrowing for at least the next 90 days.
LITIGATION
The City is not aware of any threatened or pending litigation affecting the validity of the Bonds
or the City's ability to meet its financial obligations.
LEGALITY
The Bonds are subject to approval as to certain matters by Dorsey & Whitney P.L.L.P. of
Minneapolis, Minnesota as Bond Counsel. Bond Counsel has not participated in the
preparation of this Official Statement except for guidance concerning the following section, 'Tax
Exemption," and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel
has not examined nor attempted to examine or verify, any of the financial or statistical
statements, or data contained in this Official Statement, and will express no opinion with
respect thereto. A legal opinion substantially in the form as set out in Appendix I herein will be
delivered at closing.
TAX EXEMPTION
In the opinion of Dorsey & Whitney P.L.L.P., as Bond Counsel, under federal and Minnesota
laws, regulations, rulings and decisions in effect on the date of issuance of the Bonds, interest
on the Bonds is not includable in gross income for federal income tax purposes or in taxable net
income of individuals, estates and trusts for Minnesota income tax purposes. Interest on the
Bonds is includable in taxable income of corporations and financial institutions for purposes of
the Minnesota franchise tax. Certain provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), however, impose continuing requirements that must be met after the
-4-
issuance of the Bonds in order for interest thereon to be and remain not includable in federal
gross income and in Minnesota taxable net income. Noncompliance with such requirements by
the City may cause the interest on the Bonds to be includable in gross income for purposes of
federal income taxation and in taxable net income for purposes of Minnesota income taxation,
retroactive to the date. of issuance of the Bonds, irrespective in 'some cases of the date on
which such noncompliance is ascertained. No provision has been made for redemption of or
for an increase in the interest rate on the Bonds in the event that interest on the Bonds
becomes includable in federal gross income or Minnesota taxable income.
Interest on the Bonds is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all taxpayers or the
Minnesota alternative minimum tax applicable to individuals, estates and trusts, but is
includable in adjusted current earnings in determining the alternative minimum taxable income
of corporations for purposes of the alternative minimum tax and the environmental tax imposed
by Section 59A of the Code. Interest on the Bonds may be includable in the income of a foreign
corporation for purposes of the branch profits tax imposed by Section 884 of the Code and is
includable in the net investment income of foreign insurance companies for purposes of
Section 842(b) of the Code. In the case of an insurance company subject to the tax imposed
by Section 831 of the Code, the amount which otherwise would be taken into account as losses
incurred under Section 832(b)(5) of the Code must be reduced by an amount equal to fifteen
percent of the interest on the Bonds that is received or accrued during the taxable year.
Section 86 of the Code requires recipients of certain Social Security and railroad retirement
benefits to take into account, in determining the taxability of such benefits, receipts or accruals
of interest on the Bonds. Passive investment income, including interest on the Bonds, may be
subject to federal income taxation under Section 1375 of the Code for a S corporation that has
Subchapter C earnings and profits at the close of the taxable year if greater than twenty-five
percent of the gross receipts of such S corporation is passive investment income. Section 265
of the Code denies a deduction for interest on indebtedness incurred or continued to purchase
or cant' the Bonds or, in the case of a financial institution, that portion of the holder's interest
expense allocated to interest on the Bonds, except with respect to certain financial institutions
(within the meaning of Section 265(b) of the Code).
The foregoing is not intended to be an exhaustive discussion of collateral tax consequences
arising from receipt of interest on the Bonds. Prospective purchasers or holders of the Bonds
should consult their tax advisors with respect to collateral tax consequences, including without
limitation the calculations of altemative minimum tax, environmental tax or foreign branch profits
tax liability or the inclusion of Social Security or other retirement payments in taxable income.
BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS
Prior to the adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were
generally permitted to deduct 80% of their interest expense allocable to tax-exempt obligations.
Under the Act, however, financial institutions are generally not entitled to such a deduction for
tax-exempt obligations purchased after August 7, 1986. However the City has designated the
Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Code which would
permit financial institutions to deduct interest expenses allocable to the Bonds to the extent
permitted under prior law.
FINANCIAL ADVISOR
The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota,
as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In
1
- 5 -
preparing the Official Statement, the Financial Advisor has relied upon governmental officials
who have access to relevant data to provide accurate information for the Official Statement,
and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify
the accuracy of such information. The Financial Advisor is not a public accounting firm and has
not been engaged by the City to compile, review, examine or audit any information in the
Official Statement in accordance with accounting standards. The Financial Advisor is an
independent advisory firm and is not engaged in the business of underwriting, trading or
distributing municipal securities or other public securities and therefore will not participate in the
underwriting of the Bonds.
RATING
An application for a rating of the Bonds has been made to Moody's Investors Service
("Moody's"), 99 Church Street, New York, New York. If a rating.is assigned, it will reflect only
the opinion of Moody's. Any explanation of the significance of the rating may be obtained only
from Moody's.
There is no assurance that a rating, if assigned, will continue for any given period of time, or
that such rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances
so warrant. A revision or withdrawal of the rating may have an adverse effect on the market
price of the Bonds.
CERTIFICATION
The City has authorized the distribution of this Official Statement for use in connection with the
initial sale of the Bonds.
As of the date of the settlement of the Bonds, the Purchaserwill be furnished with a certificate
signed by the appropriate officers of the City. The certificate will state that as of the date of the
Official Statement, it did not and does not as of the date of the certificate contain any untrue
statement of material fact or omit to state a material fact necessary in order to make the
statements made therein, in light of the circumstances under which they were made, not
misleading.
CITY PROPERTY VALUES
1994 Indicated Market Value of Taxable Property: $333,843,386*
Calculated by dividing the county assessors' 1994 estimated market value of$315,482,000 by the
aggregate 1994 sales ratio of 94.5% for the City as determined by the State Department of Revenue.
1994 Taxable Net Tax Capacity: $5,876,740
1994 Net Tax Capacity $5,892,325
Less: Captured Tax Increment Tax Capacity (586,224)
Contribution to Fiscal Disparities (200,203)
Plus: Distribution from Fiscal Disparities 770.842
1994 Taxable Net Tax Capacity $5,876,740
- 6 -
1994 Taxable Net Tax Capacity by Property Class
Real Estate:
Residential Homestead $3,012,087 51.2%
Non-Homestead Residential 1,044,739 17.8
Commercial/Industrial, Railroad and
Public Utility' 1,690,004 28.8
Personal Property 129.910 2.2
Total $5,876,740 100.0%
Reflects adjustments for fiscal disparities and captured tax increment tax capacity.
Trend of Values
Assessors
Indicated Estimated Taxable Tax
Market Value(a) Market Value Ca aci (b)
1994 $333,843,386 $315,482,000 $5,876,740
1993 309,898,854 297,502,900 5,571,043
1992 312,466,975 303,717,900 5,947,392
1991 324,378,870 310,106,200 6,495,623
1990 332,032,967 302,150,000 7,018,833
(a) Calculated by dividing the county assessors'estimated market value by the sales ratio determined for
the City each year by the State Department of Revenue.
(b) The majority of the reduction in taxable tax capacity since 1990 occurs in the category of commercial
and industrial property. See Appendix 111 for an explanation of tax capacity.
Ten of the Largest Taxpayers in the City
1994 Net
Taxpayer Type of Property Tax Capacity
St. Marie Company Shopping Mall $ 312,582
Glaser Financial Group Inc. Apartment 240,550
St. Anthony Nursing
Home/Chandler Place Health Facility 199,954
Equinox Properties Apartment Buildings 132,942
Northern States Power Company Utility 112,680
Individual Commercial 102,445
St. Anthony Minneapolis, Inc. Commercial 62,662
Firstar Bank of Minnesota Bank 61,227
Leslie Paper Company Manufacturer 60,592
American Monarch Corporation Manufacturer 60.487
Total $1,346,121*
Represents 22.9%of the City's total 1994 taxable net tax capacity.
- 7 -
CITY INDEBTEDNESS
Legal Debt Limit
Legal Debt Limit (2% of Estimated Market Value) $6,309,640
Less: Outstanding Debt Subject to Limit (-01)
Debt Margin as of October 2, 1995 $6,309,640
General Obligation Debt Supported Primarily by Special Assessments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturity As of 10-2-95
8-1-93 $470,000 Improvements 2-1-2009 $ 450,000
6-1-94 525,000 Improvements 2-10-2010 525,000
3-1-95 825,000 Improvements 2-1-2011 825.000
Total $1,800,000
This issue is subject to the statutory debt limit.
General Obligation Debt Supported by Tax Increments
Principal
Date Original Final Outstanding
of Issue Amount Purpose Maturily As of 10-2-95
1-1-91 $1,550,000 Tax Increment Refunding 2-1-1998 $ 910,000
1-1-94 215,000 Tax Increment Refunding 2-1-2001 200,000
12-1-95 2,650,000 Tax Increment (this Issue) 2-1-2010 2.650.000
Total $3,760,000
Revenue Debt
Principal
Date Original Final Outstanding
of Issue Amount Purpose Mal"n As of 10-2-95
10-1-92 $405,000 Liquor Store Refunding 1-1-1998 $255,000
- 8 -
Annual Debt Service Payments Including this Issue
G.O. Debt
Supported Primarily by G.O. Debt Supported
Special Assessments by Tax Increments
Principal Principal
Year Principal In ereit Principal & Interest(a)
1995 (at 10-2) (Paid) (Paid) (Paid) (Paid)
1996 $ 40,000 $ 152,813.75 $ 510,000 $ 641,939.15
1997 55,000 147,100.00 540,000 686,493.75
1998 100,000 188,677.50 365,000 488,015.00
1999 100,000 184,005.00 175,000 285,128.75
2000 105,000 184,095.00 185,000 287,515.00
2001 105,000 178,942.50 190,000 284,386.25
2002 115,000 183,405.00 165,000 251,466.25
2003 115,000 177,490.00 170,000 248,760.00
2004 120,000 176,336.25 180,000 250,532.50
2005 135,000 184,542.50 190,000 251,650.00
2006 140,000 182,097.50 195,000 247,216.25
2007 145,000 179,258.75 205,000 247,162.50
2008 150,000 176,010.00 220,000 251,160.00
2009 160,000 177,218.75 230,000 249,232.50
2010 130,000 138,835.00 240,000 246,540.00
2011 85.000 87.507.50
Total $1,800,000(b) $2,698,335.00 $3,760,000( ) $4,917,197.90
(a) Includes this Issue at an assumed average annual rate of 5.25%.
W 55.0%of this debt will be retired within ten years.
i
(c) 71%of this debt will be retired within ten years.
Revenue Debt
Principal
Year Principal & Interest
1995 (at 10-2) (Paid) (Paid)
1996 $ 80,000 $ 90,875.00
1997 85,000 91,850.00
1998 90.000 92.362.50
Total $255,000 $275,087.50
Summary of Debt
Gross Less: Debt Net
Debt Service Funds(a) Direct Debt
G.O. Debt Supported Primarily by
Special Assessments $1,800,000 $(273,812) $1,526,188
G.O. Debt Supported by Tax Increments 3,760,000 (163,977) 3,596,023
Revenue Debt 255,000 (b) 255,000
(a) Debt service funds are as of September 30, 1995 and include money to pay both principal and
interest.
(b) Paid directly from revenues of the enterprise funds.
- 9 -
Indirect Debt
Debt Applicable to
1994 Taxable G.O. Debt Tax Capacity in City
Taxing Unit(a) Net Tax Capacity As of 10-2-95(b) Percent Amount
Hennepin County $ 966,907,816 $ 67,205,000 0.39% $ 262,099
Ramsey County 341,024,900 116,520,000 0.56 652,512
ISD 282 (St. Anthony-
New Brighton) 6,937,177 6,210,000 0.84 52,164
Northeast Metro
Technical College 313,053,801 9,460,000 0.63 59,598
Hennepin County
Park District 682,858,515 6,350,000 0.56 35,560
Metropolitan Council 1,907,286,072 22,470,00001 0.32 71,904
Metropolitan Transit
District() 1,728,983,006 58,070,000 0.35 203.245
Total $1,337,082
(a) Only those taxing units which have outstanding general obligation debt are presented here.
(b) Excludes general obligation debt supported by revenues and revenue-supported debt.
(c) Metropolitan Council also has outstanding$490,210,000 of general obligation sewer bonds and loans
which are supported by sewer system revenues.
Debt Ratios Including This Issue
G.O. G.O. Indirect &
Direct Debt Direct Debt
To 1994 Indicated Market Value 1.53% 1.93%
Per Capita (7,939 1994 Metropolitan Council Estimate) _$645 $814
Excludes general obligation debt supported by revenues.
CITY TAX RATES, LEVIES AND COLLECTIONS
Tax Capacity Rates for a City Resident in Hennepin County
1994/95
For
1990/91 1991/92 1992/93 1993/94 Total Debt Only
Hennepin County 30.114% 34.327% 35.839% 37.441% 37.454% 2.157%
City of St. Anthony 21.296 19.972 23.479 26.160 26.031 1.243
ISD 282 (St. Anthony) 58.686 53.664 61.122 66.481 65.790 -0-
Special Districts' 7.365 5.996 6.042 . 6.200 6.357 1.075
Total 117.461% 113.959% 126.482% 136.282% 135.632% 4.475%
Includes Metropolitan Council, Regional Transit District Mosquito Control District, Hennepin Parks,
Park Museum and County Regional Railroad Authority.
NOTE. Taxes are determined by multiplying the net tax capacity by the tax capacity rate, expressed as a
percentage. (See Appendix IL)
- 10 -
City Tax Levies and Collections
Collected During Collected
Gross Net Collection Year As of 9-30-95
Levy/Collect L y (a) Lev Amount Percent Amount Percent
1994/95 $1,860,075 $1,532,942 (In Process of Collection)
1993/94 1,796,608 1,436,657 $1,412,929 98.3% $1,407,247 97.9%
1992/93 1,694,638 1,348,683 1,265,760 93.9 1,284,397 95.2
1991/92 1,618,684 1,302,345 1,278,537 98.1 1,249,086 95.9(b)
1990/91 1,585,003 1,304,032 1,262,666 96.8 1,255,111 96.2(b)
(a) The net levy excludes Homestead and Agricultural Credit Aid("HACA"). The net levy is the basis for
computing the 1994195 and 1993194 tax capacity rates. The gross levy is the basis for computing tax
capacity rates in prior years.
(b) The decrease in tax collections, subsequent to the collection year, resulted from refunds to taxpayers,
based on court rulings of petitions and abatements, which were not finalized until after the collection
year.
FUNDS ON HAND
As of September 30, 1995
Fund Cash and Investments
General $ 480,894
Special Revenue 261,005
HRA Fund 568,125
Capital Equipment (49,973)
Debt Service: _
Taxes and Special Assessments 273,812
Tax Increment 163,977
Capital Projects 1,592,062
Community Center 11,433
Enterprise 4,450,763
Miscellaneous 183.574
Total $7,935,672
INVESTMENTS
The City's current investments are in accordance with Minnesota State Statutes compliance
requirements sections 118.01, 471.56 and 475.66. In addition, the City has an investment
policy for Mortgage Backed Securities which does not permit the City to invest in the following
high risk securities (as defined in Minnesota Statutes, Chapter 475.66, Subdivision 5):
1. Interest-only or Principal-only backed securities.
2. Any mortgage derivative security that:
a. has an expected average life greater than ten years;
- 11 -
b. has an expected average life which will extend more than four years as
the result of an immediate and parallel shift in the yield curve of plus 300
basis;
C. has an expected average life which will shorten by more than six years as
the result of an immediate and sustained parallel shift in the yield curve of
minus 300 basis points;
d. will have an estimated change in price of more than 17 percent, as the
result of an immediate and sustained parallel shift in the yield curve of
plus or minus 300 basis points.
Investment firms are required to repurchase any and all securities which do not comply with
Minnesota State Statutes, Sections 118.01, 471.56 and 475.66, or the City's investment policy
with regard to high risk, at full face value of the purchase price.
Current Value of City Investments at August 31, 1995
Total Booked at Cost $4,823,695.99
Change in Valuation 27.350.63
Current Valuation $4,851,046.62*
The amount listed is the value of the assets as of August 31, 1995. The increase in valuation of
0.56% represents a capital gain that would occur if the investments were liquidated on August 31,
1995. It is a policy of the City of St. Anthony to hold all its investments till maturity.
GENERAL INFORMATION CONCERNING THE CITY
The City of St. Anthony is located in Hennepin and Ramsey Counties, immediately north of the
City of Minneapolis. The City encompasses an area of 1,600 acres or approximately 3 square
miles. Historical population figures for the City are shown below.
Percent
U.S. Census Population Increase/(Decrease)
1970 9,239 82%
1980 7,981 (14%)
1990 7,727 (3%)
1994• 7,939 (3%)
'1
Metropolitan Council estimate.
o:
Employment
The City is centrally located within the Minneapolis/St. Paul metropolitan area which provides
City residents with easy access to employment opportunities throughout the metropolitan area.
- 12 -
Some of the larger employers within the City limits are:
Approximate
Number
Employer Product/Service of Employees
Apache Plaza Mall Shopping Center(26 tenants) 215
St. Anthony Health Center 150-Bed Nursing Home 240
Independent School District 282 Education 175
Herbergers Merchandise Sales 60*
Apache New Market Food Sales 100
* Located in Apache Plaza Mall.
Source:1995 telephone survey of employers.
St. Anthony's industrial park has approximately 25 small or medium-sized businesses, each
with employment ranging up to 50.
Labor Force Data
September, 1995 September. 1994
Civilian Unemployment Civilian Unemployment
Labor Force Rate Labor Force Rate
Hennepin County 648,970 2.8% 647,144 3.8%
Ramsey County 284,213 2.8 282,584 3.5
Mpls./St. Paul MSA 1,584, 892 2.7 1,577,345 3.6
i State of Minnesota 2,595,504 3.0 2,575,942 4.0
Source:Minnesota Department of Economic Security.
Summary of City Building Permits
Residential
Total Permits Commercial/Industrial Single Family
Year Number Value Number Value Number Value
1995 205 $ 2,764,940 56 $1,745,140 2 $1,099,800
1994 222 1,635,000 31 539,500 2 1,046,500
1993 258 2,365,280 47 1,388,480 1 976,800
1992 229 2,445,015 10 878,400 8 190,000
f 1991 197 2,654,350 21 615,250 19 1,218,000
1990 183 4,110,450 17 633,500 28 2,748,000
Education
Independent School District 282 ("ISD 282") is headquartered in the City. The City constitutes
85% of ISD 282's valuation. ISD 282 has a 1995/96 enrollment of 1,242 in kindergarten
through grade 12 and employs a total staff of 187, of which 98 are teachers and administrators.
Parochial education is available at St. Charles Borromeo School, which has approximately 377
students in kindergarten through grade eight.
- 13 -
GOVERNMENTAL ORGANIZATION AND SERVICES
The City has been a municipal corporation since 1946 and is a statutory City operating under
the council-manager plan. The City Council is comprised of the Mayor and four Council
members, all elected at large. The current Council members are:
Expiration of Term
Clarence J. Ranallo Mayor December 31, 1995
Richard A. Enrooth Member December 31, 1997
Dorothy Fleming Member December 31, 1995
George E. Marks Member December 31, 1995
George Wagner Member December 31, 1997
The City Manager, Mr. Michael Morrison, is responsible for the daily administration and
operating function of the City and implementation of Council directives. The Financial Director,
Mr. Roger Larson is responsible for maintaining the records and accounts of the City's
operations. The City has a total of 54 full-time employees.
City Services
Protective services are provided by the City through 18 police officers and seven full-time and
23 volunteer fire fighters. The City also provides police services to the cities of Lauderdale and
Falcon Heights through contract agreement.
St. Anthony's water system is supplied by three wells and has two storage facilities with total
capacity of 2,250,000 gallons.
Although the City owns and maintains its own sanitary and storm sewer collection systems,
interceptor sewer lines and wastewater treatment facilities are owned and operated by the
Officer of Wastewater Services (the "OWS") of the Environmental Division of the Metropolitan
Council. The City is billed an annual service charge by OWS, which charge is adjusted the
subsequent year based on actual usage.
The City owns and operates three municipal liquor stores: one with on- and off-sale, one off-
sale warehouse, and one on-sale store. The Liquor Fund transferred $65,000 to the General
Fund in 1993 and $65,000 in 1994.
- 14 -
City's Adopted General Fund Budgets
1995 1994
Revenues:
Property Taxes and Homestead Credit $1,445,193 $1,330,173
Licenses and Permits 50,930 48,200
Intergovernmental Revenue 989,097(a) 681,277
Charges for Services 105,000 100,000
Miscellaneous 57,150 58,950
Transfers 165.000 165.000
.6
` . Total Revenues $2,812,370 $2,383,600
Expenditures:
General Government $ 837,975 $ 635,300
Police 1,141,945(6) 844,400
Fire 414,150 398,500
Public Works 365,000 453,200
Parks 53.300 52.200
Total Expenditures $2,812,370 $2,383,600
(a) Includes revenues from Lauderdale/Falcon Heights police contracts.
(b) Includes Lauderdale/Falcon Heights Police contract expenses.
Employee Pensions
All full-time and certain part-time employees of the City of St. Anthony are covered by defined
benefit pension plans administered by the Public Employees Retirement Association of
Minnesota (PERA). The PERA administers the Public Employees Retirement Fund (PERF) and
the Public Employees Police and Fire Fund (PEPFF) which are cost-sharing multiple-employer
public employee retirement plans. PERF members belong to either the Coordinated Plan or the
Basic Plan. Coordinated members are covered by Social Security and Basic members are not.
All new members must participate in the Coordinated Plan. All police officers, fire fighters and
peace officers who qualify for membership by statute are covered by the PEPFF. The City's
contribution for employees covered by PERA for the year ended December 31, 1994 was
$150,568, as compared to a contribution of$147,050 in 1993.
The St. Anthony Firefighters Relief Association is the administrator of a single employer
retirement system established to provide pension and other benefits to its membership in
accordance with Minnesota Statutes. The Association maintains a separate Special Fund to
accumulate assets to fund the retirement benefits earned by its membership. Funding of the
Association is derived primarily from an insurance premium tax in accordance with the
Volunteer Firefighter's Relief Association Financing Guidelines Act of 1971.
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APPENDIX I
PROPOSED FORM OF LEGAL OPINION
DORSEY & WHITNEY
PeomssiowAL I.rxtrzn I reszrrrr PasrxzasKxP
PILLSBURY CENTER SOUTH
220 SOUTH S=H STREET
MINNEAPOLIS, MINNESOTA 33402-1498
(612) 340-2600
FAX(W2)340-8868
City of St. Anthony
St. Anthony; Minnesota
Re: $2,650,000 General Obligation Tax Increment
Bonds, Series 1995B
City of St. Anthony, Hennepin and Ramsey
Counties, Minnesota
Ladies and Gentlemen:
As Bond Counsel in connection with the authorization, issuance and
sale by the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota (the
"City"), of its General Obligation Tax Increment Bonds, Series 1995B dated, as
originally issued, as of December 1, 1995, in the total principal amount of $2,650,000
(the "Bonds"), we have examined certified copies of certain proceedings taken, and
certain affidavits and certificates furnished, by the City in the authorization, sale and
issuance of the Bonds, including the form of the Bonds. As to questions of fact
material to our opinion we have assumed the authenticity of and relied upon the
proceedings, affidavits and certificates furnished to us without undertaking to verify
the same by independent investigation. From our examination of such proceedings,
affidavits and certificates, and based upon laws, regulations, rulings and decisions in
effect on the date hereof, it is our opinion that:
1. The Bonds are valid and binding general obligations of the City
enforceable in accordance with their terms.
2. The principal of and interest on the Bonds are payable primarily
from tax increment revenues generated from captured net tax capacity of taxable
property within tax increment financing districts in the City, the collections of
which the governing body of the City has estimated will produce amounts at least
five percent in excess of the amounts needed to meet, when due, the principal and
interest payments on the Bonds; but, if necessary for the payment of such principal
and interest, ad valorem taxes are required by law to be levied on all taxable property
in the City without limitation of rate or amount.
3. Interest on the Bonds (a) is not includable in gross income for
federal income tax purposes or in taxable net income of individuals, estates or trusts
I-1
DoRSEY & WHITNEY
PROMS970NAL Umn-m Lxwzmrw PAwrx=9ZxP
$2,650,000 General Obligation Tax City of St. Anthony, Hennepin and
Increment Bonds, Series 1995B Ramsey Counties, Minnesota
for Minnesota income tax purposes; (b) is includable in taxable income of
corporations and financial institutions for purposes of the Minnesota franchise tax;
(c) is not an item of tax preference includable in alternative minimum taxable
income for purposes of the federal alternative minimum tax applicable to all
taxpayers or the Minnesota alternative minimum tax applicable to individuals,
estates and trusts; and (d) is includable in adjusted current earnings of corporations
in determining alternative minimum taxable income for purposes of the federal
alternative minimum tax imposed on corporations.
4. The City has designated the Bonds as "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code
of 1986, as amended (the "Code"), and, financial institutions described in Section
265(b)(5) of the Code may treat the Bonds for purposes of Section 265(b)(2) and
291(e)(1)(B) of the Code as if they were acquired on August 7, 1986.
The opinions expressed in paragraphs 1 and 2 are subject as to
enforceability to the effect of any state or federal laws relating to.bankruptcy,
insolvency, reorganization, moratorium or creditors' rights and the exercise of
judicial discretion.
The opinions set forth in paragraphs 3 and 4 are subject to the
condition that the City comply with all the requirements of the Code that must be
satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or
continue to be, excluded from gross income for federal income tax purposes, and the
Bonds be and continue to be qualified tax-exempt obligations. The City has
covenanted in the resolution authorizing the issuance of the Bonds to comply with
these continuing requirements. Failure of the City to comply with these
requirements may result in the inclusion of interest on the Bonds in federal gross
income and in Minnesota taxable net income, retroactive to the date of issuance of
the Bonds. Except as stated in this opinion, we express no opinion regarding federal,
state or other tax consequences to owners of the Bonds.
The 1995 Minnesota Legislature has enacted a statement of intent that
interest on obligations of Minnesota governmental units and Indian tribes be
included in net income of individuals, estates and trusts for Minnesota income tax
purposes if a court determines that Minnesota's exemption of such interest
unlawfully discriminates against interstate commerce because interest on
obligations of governmental issuers located in other states is so included. This
provision applies to taxable years that begin during or after the calendar year in
which any such court decision becomes final, irrespective of the date on which the
obligations were issued. We are not aware of any judicial decision holding that a
1-2
DoRsEY & WHITNEY
Peorss$[O]:AL Lnarrxn L[ szU PA8r"nsmP
$2,650,000 General Obligation Tax City of St. Anthony, Hennepin and
Increment Bonds, Series 1995B Ramsey Counties, Minnesota
state's exemption of interest on its own bonds or those of its political subdivisions or
Indian tribes, but not of interest on the bonds of other states or their political
t subdivisions or Indian tribes, unlawfully discriminates against interstate commerce
or otherwise contravenes the United States Constitution. Nevertheless, we express
no opinion on the likelihood that interest on the Bonds would become taxable
under this Minnesota statutory provision.
We have not been asked, and have not undertaken, to review the
accuracy, completeness or sufficiency of any offering materials relating to the Bonds,
and accordingly, we express no opinion with respect thereto.
Dated: December_, 1995.
Very truly yours, -
1-3
(This page was left blank intentionally.)
APPENDIX II
SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND
MINNESOTA REAL PROPERTY VALUATION
Following is a summary of certain statutory provisions effective through 1994 relative to tax levy
procedures, tax payment and credit procedures, and the mechanics of real property valuation.
The summary does not purport to be inclusive of all such provisions or of the specific provisions
discussed, and is qualified by reference to the complete text of applicable statutes, rules and
regulations of the State of Minnesota in reference thereto. This summary reflects changes to
Minnesota property tax laws enacted by the State Legislature during the 1994 Regular Session.
r
Property Valuations (Chapter 273, Minnesota Statutes)
Assessor's Estimated Market Value
Each parcel of real property subject to taxation must, by statute, be appraised at least once
every four years as of January 2 of the year of appraisal. With certain exceptions, all property
is valued at its market value which is the value the assessor determines to be the price he
believes the property to be fairly worth, and which is referred to as the "Estimated Market
Value."
Limitation of Market Value Increases
Effective for assessment years 1993 through 1998, the amount of increase in market value for
all property classified as agricultural homestead and non-homestead, residential homestead
and non-homestead, or non-commercial seasonable recreational residential, which is entered
by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the
preceding year's market value or (ii) 1/3 of the difference between the current assessment and
the preceding assessment.
Indicated Market Value
Because the Estimated Market Value as determined by an assessor may not represent the
price of real property in the marketplace, the "Indicated Market Value" is generally regarded as
more representative of full value. The Indicated Market Value is determined by dividing the
Estimated Market Value of a given year by the same year's sales ratio determined by the State
Department of Revenue. The sales ratio represents the overall relationship between the
Estimated Market Value of property within the taxing unit and actual selling price.
Net Tax Capacity
The Net Tax Capacity is the value upon which net taxes are levied, extended and collected.
The Net Tax Capacity is computed by applying the class rate percentages specific to each type
of property classification against the Estimated Market Value. Class rate percentages vary
depending on the type of property as shown on the last page of this Appendix II. The formulas
and class rates for converting Estimated Market Value to Net Tax Capacity represent a basic
element of the State's property tax relief system and are subject to annual revisions by the
State Legislature.
Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate,
expressed as a percentage.
Property Tax Payments and Delinquencies
(Chapters 276, 279-282 and 549, Minnesota Statutes)
Ad valorem property taxes levied by local governments in Minnesota are extended and
collected by the various counties within the State. Each taxing jurisdiction is required to certify
the annual tax levy to the county auditor within five (5) working days after December 20 of the
year preceding the collection year. A listing of property taxes due is prepared by the county
auditor and turned over to the county treasurer on or before the first business day in March.
I I-1
The county treasurer is responsible for collecting all property taxes within the county. Real
estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the
taxes on real property is due on or before May 15. The remainder is due on or before
October 15. Real property taxes not paid by their due date are assessed a penalty which,
depending on the type of property, increases from 2% to 4% on the day after the due date. In
the case of the first installment of real property taxes due May 15, the penalty increases to 4%
or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through
October 1 of the collection year for unpaid real property taxes. In the case of the second
installment of real property taxes due October 15, the penalty increases to 6% or 8% on
November 1 and increases again to 8% or 12% on December 1. Personal property taxes
remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the
unpaid tax. However, personal property owned by a tax-exempt entity, but which is treated as
taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties
as real property.
On the first business day of January of the year following collection all delinquencies are
subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are
filed for a tax lien judgment with the district court. By March 20 the clerk of court files a
publication of legal action and a mailing of notice of action to delinquent parties. Those
property interests not responding to this notice have judgment entered for the amount of the
delinquency and associated penalties. The amount of the judgment is subject to a variable
interest determined annually by the Department of Revenue, and equal to the adjusted prime
rate charged by banks, but in no event is the rate less than 10% or more than 14%.
Property owners subject to a tax lien judgment generally have five years (5) in the case of all
property located outside of cities or in the case of residential homestead, agricultural
homestead and seasonal residential recreational property located within cities or three (3) years
with respect to other types of property to redeem the property. After expiration of the
redemption period, unredeemed properties are declared tax forfeit with title held in trust by the
State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof,
then sells those properties not claimed for a public purpose at auction. The net proceeds of the
sale are first dedicated to the satisfaction of outstanding special assessments on the parcel,
with any remaining balance in most cases being divided on the following basis: county - 40%;
town or city - 20%; and school district -40%.
Property Tax Credits (Chapter 273, Minnesota Statutes)
In addition to adjusting the taxable value for various property types, primary elements of
Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker
credit, which relates property taxes to income and provides relief on a sliding income scale; and
targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The
circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by
the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid,
equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid.
Levy Limitations
Historically, the ability of local governments in Minnesota to levy property taxes was controlled
by various statutory limitations. These limitations have expired for taxes payable in 1993 and
future years, but may be reinstated in the future. Under prior law the limitations generally did
not affect debt service levies. For county governments, cities of 2,500 population or more, and
smaller cities and towns that receive taconite municipal aid, taxes could be levied outside the
overall levy limitation for, among others, bonded indebtedness and certificates of indebtedness,
unfunded accrued pension liability, social service programs and the residual income
maintenance program for which the county share of costs has not been taken over by the State.
11-2
Debt Limitations
All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory
"net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is
defined as the amount remaining after deducting from gross debt the amount of current
revenues which are applicable within the current fiscal year to the payment of any debt and the
aggregation of the principal of the following:
1. Obligations issued for improvements which are payable wholly or partially from the
proceeds of special assessments levied upon benefited property.
r 2. Warrants or orders having no definite or fixed maturity.
3. Obligations payable wholly from the income from revenue producing conveniences.
► 4. Obligations issued to create or maintain a permanent improvement revolving fund.
5. Obligations issued for the acquisition and betterment of public waterworks and public
lighting, heating or power systems, and any combination thereof, or for any other public
convenience from which revenue is or may be derived.
6. Certain debt service loans and capital loans made to school districts.
7. Certain obligations to repay loans.
8. Obligations specifically excluded under the provisions of law authorizing their issuance.
9. Debt service funds for the payment of principal and interest on obligations other than those
described above.
Levies for General Obligation Debt =.
(Sections 475.61 and 475.74, Minnesota Statutes)
Any municipality which issues general obligation debt must, at the time of issuance, certify
levies to the county auditor of the county(ies) within which the municipality is situated. Such
levies shall be in an amount that if collected in full will, together with estimates of other
revenues pledged for payment of the obligations, produce at least five percent in excess of the - .
amount needed to pay principal and interest when due.
Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to
levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is
without limitation as to rate or amount.
Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes)
"Fiscal Disparities Law"
The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as
"Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the
increase in commercial-industrial (including public utility and railroad) net tax capacity valuation
since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan
area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott,
excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax
base. A distribution index, based on the factors of population and real property market value
per capita, is employed in determining what proportion of the net tax capacity value in the area-
wide tax base shall be distributed back to each assessment district.
11-3
STATUTORY FORMULAE
CONVERSION OF ESTIMATED MARKET VALUE(EMV)TO NET TAX CAPACITY FOR
MAJOR PROPERTY CLASSIFICATIONS
Net Tax Capacity Net Tax Capacity Net Tax Capacity Net Tax Capacity Net Tax Capacity
General Classifications Levy Year 1990 Levy Year 1991 Levy Year 1992 Levy Year 1993 Levy Year 1994
Residential Homestead First$68,000 of EMV at 1.00% First$72,000 of EMV at 1.00% First$72,000 of EMV at 1.00% First$72,000 of EMV at 1.00% First$72,000 of EMV at
1.00%
Next$42,000 of EMV at 2.00% Next$43,000 of EMV at 2.00% EMV in excess of$72,000 EMV in excess of$72,000 EMV in excess of$72,000
EMV in excess of$110,000 EMV in excess of$115,000 at 2.00% at 2.00% at 2.00%
at 3.00% at 2.5%
Residential Non-Homestead
4 or more units 3.60% 3.50% 3.40% 3.40% 3.40%
Agricultural Homestead First$68,000 EMV of house, First$72,000 EMV of house, First$72,000 EMV of house, First$72,000 EMV of house, First$72,000 EMV of house,
garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00%
Excess to 320 acres at 0.45% Excess to 320 acres at 0.45% Excess to 320 acres at 0.45% EMV in excess of$72,000 of EMV in excess of$72,000 of
Excess over 320 acres at 0.45% Excess over 320 acres at 0.45% Excess over 320 acres at 0.45% house,garage and 1 acre at house,garage and 1 acre at
Next$42,000 EMV at 2.00% Next$43,000 EMV at 2.00% Next$43,000 EMV at 2.00% 2.00% 2.00%
Excess to 320 acres at 0.45% Excess to 320 acres at 0.45% Excess to 320 acres at 0.45% Remaining Property: Remaining Property:
Excess over 320 acres at 0.45% Excess over 320 acres at 0.45% Excess over 320 acres at 0.45% First$115,000 of EMV on First$115,000 of EMV on
EMV in excess of$110,000 EMV in excess of$115,000 EMV in excess of$115,000 first 320 acres at 0.45% first 320 acres at 0.45%
at 3.00% at 2.5% at 2.00% EMV in excess of$115,000 on EMV in excess of$115,000 on first
Excess to 320 acres at 1.30% Excess to 320 acres at 1.30% Excess to 320 acres at 1.30% first 320 acres at 1.00% 320 acres at 1.00%
Excess over 320 acres at 1.60% Excess over 320 acres at 1.60% Excess over 320 acres at 1.60% EMV in excess of$115,000 over EMV in excess of$115,000 over
320 acres at 1.50% 320 acres at 1.50%
Agricultural Non-Homestead EMV of house,garage and EMV of house,garage and EMV of house,garage and EMV of house,garage and EMV of house,garage and
1 acre at 3.00% 1 acre at 2.80% 1 acre at 2.50% 1 acre at 2.30% 1 acre at 2.30%
EMV of land and other buildings EMV of land and other buildings EMV of land and other buildings EMV of land and other buildings EMV of land and other buildings
at 1.60% at 1.60% at 1.60% at 1.50% at 1.50%
Commercial-Industrial First$100,000 of EMV at 3.20% First$100,000 of EMV at 3.10% First$100,000 of EMV at 3.00% First$100,000 of EMV at 3.00% First$100,000 of EMV at 3.00%
EMV in excess of$100,000 EMV in excess of$100,000 EMV in excess of$100,000 EMV in excess of$100,000 EMV in excess of$100,000
at 4.95% at 4.75% at 4.70% at 4.60% at 4.60%
Seasonal/Recreational 2.30% Non-Commercial-2.20% Non-Commercial Non-Commercial Non-Commercial
Residential First$72,000 of EMV at 2.00% First$72,000 of EMV at 2.00% First$72,000 of EMV at 2.00%
EMV in excess of$72,000 EMV in excess of$72,000 EMV in excess of$72,000
at 2.50% at 2.50% at 2.50%
Commercial-2.30% Commercial-2.30% Commercial-2.30% Commercial-2.30%
Vacant Land 4.95% 4.75% N/A N/A N/A
(All vacant land is reclassified (All vacant land is reclassified (All vacant land is reclassified
to highest and best use to highest and best use to highest and best use
pursuant to local zoning pursuant to local zoning pursuant to local zoning
ordinance) ordinance) ordinance)
APPENDIX III
ANNUAL FINANCIAL STATEMENTS
Excerpts from the City's annual financial statements from the years ended December 31, 1994,
1993 and 1992 are presented on the following pages. The City's financial statements are
audited annually by an independent certified public accounting firm. Governmental funds and
expendable trust funds are accounted for using the modified accrual basis of accounting.
Proprietary funds are accounted for using the accrual basis of accounting. The readers should
be aware that the complete financial statements may contain additional data relating to the
information presented here, which may interpret, explain or modify it.
i
III-1
CITY OF ST. ANTHONY
' COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1994
Governmental Fund Types Proprietary Fund Types Account Groups
----------------------------------------------- ----------------------- ----------------------- Totals
Special Debt Capital Internal General General (Memorandum Only)
General Revenue Service Project Enterprise Service Fixed Long-Term ----------------------------
ASSETS AND OTHER DEBITS Fund Funds Funds Funds Funds Fund Assets Debt 1994 1993
Cash and Investments $894,529 $140,369 $1,357,996 $3,801,185 $4,715,847 $216,872 $11,126,798 $10,174,028
Accounts and Other Receivables 1,122 13,880 2,463 221,789 239,254 321,496
Taxes Receivable 43,422 10 923 44,355 76,395
Special Assessments Receivable 134,174 29,211 163,385 137,159
Due from Other Funds 28,437 28,437 49,657
Due from Other Governmental Units 21,261 218,701 104,583 344,545 173,350
Inventory, at Cost 454,640 454,640 400,644
Prepaid Items and Other Assets 47,616 10,511 54,411 112,538 97,948
Property, Plant and Equipment, at Cost 1,812,114 $2,383,425 4,195,539 4,327,434
Amount Available in Debt Service Funds $1,352,262 1;352,262 1,230,581
Amounts to be Provided for Debt 1,198,973 1,198,973 1,210,274
----------- ----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Totals $1,007,950 $154,259 $1,521,530 $4,062,071 $7,363,384 $216,872 $2,383,425 $2,551,235 $19,260,726 $18,198,966
LIABILITIES, EQUITY AND OTHER CREDITS
Liabilities
Accounts Payable $131,460 $15,140 $3,148 $24,582 $183,633 $357,963 $418,058
Accrued Payroll and Liabilities 43,809 133,071 $216,872 $11,235 404,987 369,797
Due to Other Funds 28,437 28,437 49,657
Deferred Revenue and Deposits 42,900 134,174 247,912 119,430 544,416 408,418
Bonds Payable 290,000 2,540,000 2,830,000 2,835,000
----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Total Liabilities 246,606 15,140 137,322 272,494 726,134 216,872 2,551,235 4,165,803 4,080,930
----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Fund Equity
Contributed Capital 858,119 858,119 924,246
Investment in General Fixed Assets $2,383,425 2,383,425 2,327,530
Retained Earnings
Reserved 4,745,927 4,745,927 4,472,594
Unreserved 1,033,204 1,033,204 1,032,187
Fund Balance
Reserved 29,717 1,384,208 1,413,925 1,258,083
Unreserved - Designated 731,627 139,119 3,789,577 4,660,323 4,103,396
----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Total Fund Equity 761,344 139,119 1,384,208 3,789,577 6,637,250 - 2,383,425 15,094,923 14,118,036
----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Totals $1,007,950 $154,259 $1,521,530 $4,062,071 $7,363,384 $216,872 $2,383,425 $2,551,235 $19,260,726 $18,198,966
t
CITY OF ST. ANTHONY
COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1993
Governmental Fund Types Proprietary Fund Types Account Groups
----------------------------------------------- ----------------------- ----------------------- Totals
Special Debt Capital Internal General General (Memorandum Only)
General Revenue Service Project Enterprise Service Fixed Long-Term ----------------------------
ASSETS AND OTHER DEBITS Fund Funds Funds Funds Funds Fund Assets Debt 1993 1992
Cash and Investments $921,909 $606,332 $1,181,035 $2,773,760 $4,499,573 $191,419 $10,174,028 $10,508,472
Accounts and Other Receivables 26,710 5,475 28,935 260,376 321,496 266,513
Taxes.Receivable 71,500 3,620 1,275 76,395 705,018
Special Assessments Receivable 89,374 47,785 137,159 50,794
Due from Other Funds 49,657 49,657 153,473
Due from Other Governmental Units 29,162 83,741 60,447 173,350 302,730
Inventory, at Cost 400,644 400,644 384,387
Prepaid Items and Other Assets 31,424 6,047 60,477 97,948 141,253
Property, Plant and Equipment, at Cost 1,999,904 $2,327,530 4,327,434 4,203,415
Amount Available in Debt Service Funds $1,230,581 1,230,581 1,089,883
Amounts to be Provided for Debt 1,210,274 1,210,274 1,310,522
----------- ----------- ----------- ----------- ------------- -------------
Totals $1,080,705 $611,807 $1,323,686 $2,941,543 $7,281,421 $191,419 $2,327,530 $2,440,855 $18,198,966 $19,116,460
----------- ----------- ----------- -----------
----------- ----------- ----------- ----------- ------------- -------------
W LIABILITIES, EQUITY AND OTHER CREDITS
Liabilities
Accounts Payable $110,560 $31,532 $3,731 $87,890 $184,345 $418,058 $_294,345
Accrued Payroll and Liabilities 29,454 138,069 $191,419 $10,855 369,797 353,007
Deferred Revenue and Deposits 72,100 89,374 121,964 124,980 408,418 476,843
Due to Other Funds 49,657 49,657 153,473
Bonds Payable 405,000 2,430,000 2,835,000 3,989,091
Other Long-Term Debt 50,000
----------- ----------- ----------- -----------
----------- ----------- ----------- ------------- -------------
Total Liabilities 261,771 31,532 93,105 209,854 852,394 191,419 2,440,855 4,080,930 5,316,759
----------- ----------- ----------- -----------
----------- ----------- ----------- ------------- -------------
Fund Equity
Contributed Capital 924,?46 924,246 783,883
Investment in General Fixed Assets $2,327,530 2,327,530 2,260,910
Retained Earnings
Reserved 4,570,078 4,570,078 4,248,573
Unreserved 934,703 934,703 998,750
Fund Balance
Reserved 27,502 1,230,581 1,258,083 1,115,691
Unreserved - Designated 791,432 580,275 2,731,689 4,103,396 4,391,894
----------- ----------- ----------- ----------- ----------- ----------- ----------- ------------- -------------
Total Fund Equity 818,934 580,275 1,230,581 2,731,689 6,429,027 - 2,327,530 14,118,036 13,799,701
----------- ----------- ----------- -----------
----------- ----------- ----------- ------------- -------------
Totals $1,080,705 $611,807 $1,323,686 $2,941,543 $7,281,421 $191,419 $2,327,530 $2,440,855 $18,198,966 $19,116,460
CITY OF ST. ANTHONY
COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS
DECEMBER 31, 1992
Governmental Fund Types Proprietary Fund Types Account Groups
----------------------------------------------- ----------------------- ---------------------- Totals
Special Debt Capital Internal General General (Memorandum Only)
General Revenue Service Project Enterprise Service Fixed Long-Term ------------------------
ASSETS AND OTHER DEBITS Fund Funds Funds Funds Funds Fund Assets Debt 1992 1991
Cash and Investments $600,898 $668,695 $596,732 $2,856,835 $864,639 $172,548 $5,972,545 $5,541,627
Cash and Investments - Restricted 4,535,927 4,635,927 4,154,349
Accounts and Other Receivables 15,842 2,730 3,109 244,832 268,513 288,329
Taxes Receivable 129,043 627 576,348 705,018 74,727
Special Assessments Receivable 50,794 50,794 57,363
Due from Other Funds 35,638 117,836 153,473 149,303
Due from Other Governmental Units 25,668 215,916 61,158 302,730 481,587
Inventory, at Cost 384,367 384,387 391,064
Prepaid Items and Other Assets 39,279 101,974 141,253 163,916
Property, Plant and Equipment, at Cost 1,942,505 $2,260,910 4,203,415 4,250,510
Amount Available in Debt Service Funds $1,089,883 1,089,883 369,989
Haunts to be Provided for Debt 1,310,522 1,310,522 2,424,816
----------- ----------- ----------- ----------- ----------- ----------- ----------- ---------- ------------- -------------
Totals $1,010,716 $662,262 $1,207,718 $3,246,489 $8,155,422 $172,548 $2,260,910 $2,400,405 $19,116,460 $18,351,430
LIABILITIES, EQUITY AND OTHER CREDITS
Liabilities
Accounts Payable $73,781 $5,187 $19,808 $195,583 $294,345 $335,610
Accrued Payroll and Liabilities 21,746 143,309 $172,546 $15,405 353,007 264,362
Deferred Revenue and Deposits 76,900 288,710 131,233 476,843 649,585
Due to Other Funds 35,638 $117,836 153,473 149,303
Bonds Payable 1,654,091 2,335,000 3,989,091 4,250,504
Other Long-Term Debt 60,000 50,000 110,000
----------- --------- ----------- ----------- ----------- ----------- ----------- ------------ -------------
Total Liabilities 210,050 6,167 117,835 288,618 2,124,216 172,548 2,400,405 5,316,759 5,759,364
----------- ----------- ----------- ---------- ----------- ----------- ----------- ------------ ------------
Fund Equity
Contributed Capital 783,883 783,883 792,781
Investment in General Fixed Assets $2,260,910 2,280,910 2,219,870
Retained Earnings
Reserved 4,248,573 4,248,673 3,993,261
Unreserved 998,150 998,160 1,002,223
Fund Balance
Reserved 25,808 1,089,883 1,896,179 3,013,810 2,100,113
Unreserved - Designated 774,856 667,065 1,061,192 2,493,116 2,483,153
----------- ----------- ----------- -----------
Total Fund Equity 800,888 667,065 1,089,883 2,959,971 6,031,206 - 2,280,910 13,799,701 12,592,086
----------- ----------- ----------- -----------
----------- ----------- ----------- ------------- ------------
Totals $1,010,716 $882,262 $1,207,718 $3,248,489 $8,155,422 $172,548 $2,260,910 $2,400,405 $19,116,460 $18,351,430
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
FOR THE YEAR ENDED DECEMBER 31, 1994
Totals
Special Debt Capital (Memorandum Only)
General Revenue Service Project ----------------------- ----
Fund Funds Funds Funds 1994 1993
Revenues
General Property Taxes $1,338,218 $21,955 $604,662 $299,563 $2,264,398 $2,055,594
Special Assessments 144,509 8,798 153,307 51,136
Licenses and Permits 46,929 46,929 58,135
Intergovernmental Revenues 661,937 4,452 7,267 673,656 1,033,667
Charges for Current Services 141,428 74,838 216,266 59,115
Fines and Forfeitures 87,415 87,415 116,835
Other Revenue 166,632 37,025 8,438 220,347 432,442 379,766
------------ ------------
------------ ------------ ------------ ------------
Total Revenues 2,442,559 63,432 757,609 610,813 3,874,413 3,754,248
------------ ------------
------------ ------------ ------------ ------------
Expenditures
General Government 557,080 557,080 557,605
Public Safety 1,332,133 1,332,133 1,170,882
Public Works 413,801 413,801 391,312
Park Maintenance 40,775 40,775 32,104
Other 99,423 37,276 136,699 116,958
Debt Service 552,345 552,345 512,853
Improvement Costs and Other 680,650 680,650 1,652,110
------------ ------------ ------------ ------------ ------------ ------------
Total Expenditures 2,443,212 37,276 552,345 680,650 3,713,483 4,433,824
------------ ------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues Over Expenditures (653) 26,156 205,264 (69,837) 160,930 (679,576)
------------ ------------ ------------ ------------ ------------ ------------
Other Financing Sources (Uses)
Proceeds from Sale of Bonds 213,065 517,650 730,715 462,950
Payment to Agent for Refunded Bonds (215,000) (215,000)
Transfers from (to) Other Funds 1,147 (49,702) 84,679 36,124 47,375
------------ ------------ ------------ ------------ ------------
Total Other Financing Sources (Uses) 1,147 (51,637) 602,329 551,839 510,325
------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues and Other
Sources Over Expenditures and Other Uses 494 26,156 153,627 532,492 712,769 (169,251)
Fund Balance Beginning of Year 818,934 580,275 1,230,581 2,731,689 5,361,479 5,507,585
Residual Equity Transfers (58,084) (467,312) 525,396 - 23,145
------------ ------------ ------------ ------------ ------------ ------------
Fund Balance End of Year $761,344 $139,119 $1,384,208 $3,789,577 $6,074,248 $5,361,479
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
FOR THE YEAR ENDED DECEMBER 31, 1993
Totals
Special Debt Capital (Memorandum Only)
General Revenue Service Project ---------------------------
Fund Funds Funds Funds 1993 1992
Revenues
General Property Taxes $1,156,415 $18,385 $600,257 $280,537 $2,055,594 $2,565,040
Special Assessments 32,263 18,873 51,136 11,337
Licenses and Permits 58,135 58,135 51,055
Intergovernmental Revenue 623,893 4,341 14,920 390,513 1,033,667 886,963
Charges for Current Services 12,722 48,605 61,327 8,881
Fines and Forfeitures 116,835 116,835 136,050
Other Revenue 132,783 39,455 6,111 199,205 377,554 329,047
------------ ------------ ------------ ------------ ------------ ------------
Total Revenues 2,100,783 62,181 653,551 937,733 3,754,248 3,988,373
------------ ------------ ------------ ------------ ------------ ------------
Expenditures
General Government 557,605 3,268 560,873 532,901
Public Safety 1,170,882 62,897 1,233,779 1,130,054
_ Public Works 391,312 5,628 396,940 395,921
Park Maintenance 32,104 32,104 32,831
CY) Other 77,987 38,971 129,327 246,285 224,919
Improvement Costs 1,450,990 1,450,990 327,467
Debt Service 512,853 512,853 383,078
------------ ------------ ------------ ------------ ------------ ------------
Total Expenditures 2,229,890 38,971 512,853 1,652,110 4,433,824 3,027,171
------------ ------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues
Over Expenditures (129,107) 23,210 140,698 (714,377) (679,576) 961,202
------------ ------------ ------------ ------------ ------------ ------------
Other Financing Sources (Uses)
Proceeds from Sale of Bonds 462,950 482,950
Transfers from (to) Other Funds 147,375 (100,000) 47,375 135,000
------------ ------------ ------------
Total Other Financing Sources (Uses) 147,375 (100,000) 462,950 510,325 135,000
------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues and Other
Sources Over Expenditures and Other Uses 18,268 (76,790) 140,698 (251,427) (169,251) 1,096,202
Fund Balance Beginning of Year 800,666 657,065 1,089,883 2,959,971 5,507,585 4,583,931
Residual Equity Transfers 23,145 23,145 (172,548)
------------ ------------ ------------ ------------ ------------ ------------
Fund Balance End of Year $818,934 $580,275 $1,230,581 $2,731,689 $5,361,479 $5,507,585
mlnkl
�-
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ALL GOVERNMENTAL FUND TYPES
FOR THE YEAR ENDED DECEMBER 31, 1992
Totals
Special Debt Capital (Memorandum Only)
General Revenue Service Project --------------------------
Fund Funds Funds Funds 1992 1991
Revenues
General Property Taxes $1,215,497 $16,922 $1,076,044 $256,577 $2,565,040 $1,857,768
Special Assessments 11,337 11,337 25,082
Licenses and Permits 61,056 51,065 63,442
Intergovernmental Revenue 558,888 4,036 14,342 311,917 888,983 696,025
Charges for Current Services 8,881 8,681 4,162
Fines and Forfeitures 136,050 136,050 100,677
Other Revenue 117,787 36,048 12,586 182,626 329,047 329,416
------------ ------------ ------------ ------------ ------------ -----------
Total Revenues 2,085,938 57,006 1,102,972 742,457 3,988,373 3,088,550
------------ ------------ ------------ ------------ ------------ -----------
Expenditures
General Government 532,901 532,901 488,774
Public Safety 1,102,050 28,004 1,130,054 1,162,077
4 Public Works 381,372 14,549 395,921 374,010
Park Maintenance 16,446 16,386 32,831- 32,137
Other 52,088 39,074 133,779 224,919 249,865
Improvement Costs 321,467 327,467 231,763
Debt Service 383,078 383,076 343,357
------------ ------------ ------------ ------------ ----------- --------
Total Expenditures 2,084,835 39,074 383,078 520,184 3,027,171 2,879,983
Excess (Deficiency) of Revenues
Over Expenditures 1,103 17,932 719,894 222,273 961,202 188,687
Other Financing Sources (Uses)
Transfers from (to) Other Funds 165,000 (30,000) 135,000 246,600
------------ ------------ ------------ ------------ ------------ ----------
Excess (Deficiency) of Revenues and Other
Sources Over Expenditures and Other Uses 188,103 17,932 719,694 192,273 1,096,202 433,067
Fund Balance Beginning of Year 807,720 539,133 1,246,618 1,990,460 4,583,931 4,150,884
Residual Equity Transfers (173,157) 100,000 (878,629) 777,238 (172,548) -
------------ ---------- ------------ ------------ ------------ ------------
Fund Balance End of Year $800,888 $657,066 $1,089,883 $2,959,971 $6,507,585 $4,583,931
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL - GENERAL AND SPECIAL REVENUE FUNDS
FOR THE YEAR ENDED DECEMBER 31, 1994
General Fund Special Revenue Funds Totals (Memorandum Only)
---------------------------------------- ---------------------------------------- ----------------------------------------
Variance- Variance- Variance-
Favorable Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues
General Property Taxes $1,330,173 $1,338,218 $8,045 $16,000 $21,955 $5,955 $1,346,173 $1,360,173 $14,000
Licenses and Permits 48,200 46,929 (1,271) 48,200 46,929 (1,271)
Intergovernmental Revenues 601,177 661,937 60,760 4,000 4,452 452 605,177 666,389 61,212
Charges for Current Services 140,250 141,428 1,178 140,250 141,428 1,178
Fines and Forfeitures 100,000 87,415 (12,585) 100,000 87,415 (12,585)
Other Revenue 109,800 166,632 56,832 25,000 37,025 12,025 134,800 203,657 68,857
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Total Revenues 2,329,600 2,442,559 112,959 45,000 63,432 18,432 2,374,600 2,505,991 131,391
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Expenditures
General Government 628,746 557,080 71,666 628,746 557,080 71,666
Public Safety 1,297,800 1,332,133 (34,333) 1,297,800 1,332,133 (34,333)
Public Works 461,654 413,801 47,853 461,654 413,801 47,853
Park Maintenance 52,200 40,775 11,425 52,200 40,775 11,425
Other 54,200 99,423 (45,223) 20,000 37,276 (17,276) 74,200 136,699 (62,499)
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Total Expenditures 2,494,600 2,443,212 51,388 20,000 37,276 (17,276) 2,514,600 2,480,488 34,112
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues
Over Expenditures. (165,000) (653) ' 164,347 25,000 26,156 1,156 (140,000) 25,503 165,503
Other Financing Sources (Uses)
Transfers from (to) Other Funds 165,000 1,147 (163,853) (100,000) ----100,000- -----65,000- ------1_141- (63,853)
------------ ------------ ------------ ------------ ------------ ------------
Excess (Deficiency), of Revenues and
Other Sources Over Expenditures
and Other Uses $ - 494 $494 ($75,000) 26,156 $101,156 ($75,000) 26,650 $101,650
Fund Balance Beginning of Year 818,934 580,275 1,399,209
Residual Equity'Transfer (58,084) (467,312) (525,396)
------------ ------------
Fund Balance End of Year $761,344 $139,119 $900,463
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL - GENERAL AND SPECIAL REVENUE FUNDS
FOR THE YEAR ENDED DECEMBER 31, 1993
General Fund Special Revenue Funds Totals (Memorandum Only)
---------------------------------------- ---------------------------------------- ----------------------------------------
Variance- Variance- Variance-
Favorable Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues
General Property Taxes $1,303,200 $1,156,415 ($146,785) $16,000 $18,385 $2,385 $1,319,200 $1,174,800 ($144,400)
Licenses and Permits 45,450 58,135 12,685 45,450 58,135 12,685
Intergovernmental Revenues 582,450 623,893 41,443 4,000 4,341 341 586,450 628,234 41,784
Charges for Current Services 3,900 12,T22 8,822 3,900 12,722 8,822
Fines and Forfeitures 100,000 116,835 16,835 100,000 116,835 16,835
Other Revenue 67,000 132,783 65,783 25,000 39,455 14,455 92,000 172,238 80,238
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Total Revenues 2,102,000 2,100,783 (1,217) 45,000 62,181 17,181 2,147,000 2,162,964 15,964
------------ ------------ ------------ ------------ ------------ ----------- ------------ ------------ ------------
Expenditures
General Government 589,100 557,605 31,495 589,100 557,605 31,405
(O Public Safety 1,137,800 1,170,882 (33,082) 1,137,800 1,170,882 (33,082)
Public Works 471,100 391,312 79,788 471,100 391,312 79,788
Park Maintenance 48,450 32,104 16,346 48,450 32,104 16,346
Other 57,550 77,987 (20,437) 20,000 38,971 (18,971) 77,550 116,958 (39,408)
Total Expenditures 2,304,000 2,229,890 74,110 20,000 38,971 (18,971) 2,324,000 2,268,861 55,139
Excess (Deficiency) of Revenues
Over Expenditures (202,000) (129,107) 72,893 25,000 23,210 (11790) (177,000) (105,897) 71,103
Other Financing Sources (Uses)
Transfers from (to) Other Funds 165,000 147,375 (17,625) (100,000) (100,000) 165,000 47,375 (117,625)
------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Excess (Deficiency) of Revenues and
Other Sources Over Expenditures
and Other Uses ($37,000) 18,268 $55,268 $25,000 (76,790) ($101,790) ($12,000) (58,522) ($46,522)
Fund Balance Beginning of Year 800,666 657,065 1,457,731
------------ ------------ ------------
Fund Balance End of Year $818,934 $580,275 $1,399,209
CITY OF ST. ANTHONY
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL - GENERAL AND SPECIAL REVENUE FUNDS
FOR THE YEAR ENDED DECEMBER 31, 1992
General Fund Special Revenue Funds Totals (Memorandum Only)
--------------------------------------- ---------------------------------------- ------------------------------------
Variance- Variance- Variance-
Favorable Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues
General Property Taxes $1,237,000 $1,215,497 ($21,503) $16,000 $16,922 $922 $1,253,000 $1,232,419 ($20,581)
Licenses and Permits 46,420 51,056 5,635 45,420 51,055 5,635
Intergovernmental Revenues 533,110 666,666 23,556 4,000 4,036 36 537,110 560,704 23,594
Charges for Current Services 4,560 8,681 4,321 4,560 8,881 4,321
Fines and Forfeitures 100,000 136,050 36,050 100,000 136,050 38,050
Other Revenue 67,000 117,787 60,787 25,000 36,048 11,048 92,000 153,835 61,835
------------ ------------ ------------ ------------ ------------ ----------
Total Revenues 1,981,090 2,086,938 98,848 45,000 51,006 12,006 2,032,090 2,142,944 110,854
------------ ------------ ------------
------------ ------------ ------------ ------------ ------------ ------------
Expenditures
General Goverrment 557,756 532,901 24,854 557,755 532,901 24,854
T Public Safety 1,083,985 1,102,050 (18,086) 1,083,986 1,102,050 (18,065)
0 Public Works 451,000 381,312 89,828
451,000 381,372 69,628
Park Maintenance 46,900 16,446 30,454 46,900 16,446 30,454
Other 45,000 62,088 (7,066) 20,000 39,074 (19,074) 66,000 91,140 (26,140)
--------- ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
Total Expenditures 2,184,640 2,084,635 -----99,806- -----20,000- -----39,074- ----(19,074) 2,204,640 2,123,909 ----80,731-
------------ ------------
Excess (Deficiency) of Revenues
Over Expenditures (197,660) 1,103 198,653 25,000 17,932 (7,068) (172,550) 19,035 191,585
Other Financing Sources
Transfers from Other Funds 185,000 165,000 - 165,000 186,000 -
---------- ------------ -----------
Excess (Deficiency) of Revenues and
Other Sources Over Expenditures ($32,660) 188,103 $198,653 $25,000 17,932 ($1,068) ($7,560) 184,035 $191,585
Fund Balance Beginning of Year 807,720 539,133 1,346,863
Residual Equity Transfers (173,157) 100,000 (73,151)
Fund Balance End of Year $600,888 $657,085 $1,457,731
•
CITY OF ST. ANTHONY
RESOLUTION 95-060
A RESOLUTION IMPLEMENTING THE FEDERAL OMNIBUS
TRANSPORTATION EMPLOYEE TESTING ACT
AND RELATED REGULATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby approves
implementation of "The Federal Omnibus Transportation Employee Testing Act and
Related Regulations" attached hereto.
Adopted this day of ' 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
THE CITY OF ST. ANTHONY'S POLICY IMPLEMENTING
• THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT
AND RELATED REGULATIONS
The abuse of drugs and alcohol is a nationwide problem which affects persons of every age,
race and gender. The City of St. Anthony recognizes that work performance and public
safety problems are created when employees use or abuse controlled substances or alcohol.
Therefore, the City of St. Anthony wishes to provide a safe workplace for its employees
and to maintain a drug and alcohol free workplace.
The purpose of this policy is to establish programs designed to help prevent accidents and
injuries resulting from the misuse of alcohol or use of controlled substances by drivers of
commercial motor vehicles. This policy implements the requirements of the federal
Omnibus Transportation Employee Testing Act of 1991 and the U.S. Department of
Transportation Regulations, 49 C.F.P , Part 382. This policy is in addition to and separate
from the City's Drug and Alcohol Testing Policy, which implements the requirements .of
state law and the federal Drug Free Workplace Act of 1988.
1. POLICY
All employees are strictly prohibited from using, possessing, manufacturing, dispensing,
selling, or transferring drugs, alcohol or drug paraphernalia or being under the influence of
drugs or alcohol while working or performing job duties or while on City premises or
while operating City vehicles, machinery or equipment. No employee shall perform
safety-sensitive functions within four (4) hours after using alcohol. Any employee found
to be in violation of this policy is subject to discipline up and including termination of
employment.
2. COVERAGE
The Omnibus Transportation Employee Testing Act (the Act), requires that all employees
whose job duties include the operation a of commercial motor vehicle and who are
required to hold a commercial driver's license (CDL), shall be subject to,drug and alcohol
testing. "Commercial Motor Vehicle" (CMV); means a motor vehicle or combination of
motor vehicles used to transport passengers or property if the motor vehicle meets any one
of the following criteria:
(a) Has a gross combination weight rating of 26,000 or more pounds; or
(b) has a gross combination weight rating of 26,000 or more pounds inclusive of
a towed unit with a gross vehicle weight rating of more than 10,000
pounds; or
(c) designed to transport 16 or more passengers including the driver; or
Page 2
• (d) a vehicle that is of any size and is used in the transportation of materials
found to be hazardous for the purposes of the Hazardous Materials
Transportation Act and which require the motor vehicle to be placarded.
All applicants, including persons currently employed by the City, that apply for a position
where job duties include operating commercial motor vehicles will be required to take a
drug test pursuant to the federal regulations. An alcohol test will be conducted pursuant to
the City of St. Anthony's Drug and Alcohol Testing Policy applicable to non-
transportation employees if a job offer is made and accepted:
3. DEFINITIONS
390.5 Accident
(a) Except as provided in paragraph (2) of this definition, an occurrence
involving a commercial motor vehicle operating on a public road which
results in:
(1) A fatality;
(2) bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the.scene of the
accident;
(3) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the vehicle to be transported away
from the scene of the accident by a tow truck or other vehicle.
(b) The term "accident" does not include: .
(1) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
(2) an occurrence involving only the loading or unloading of
cargo; or
(3) an occurrence in the course of the operation of a-passenger car or
a multipurpose passenger vehicle (as defined in 571.3 of.this title) by a
motor carrier and is not transporting passengers for hire or hazardous
materials of a type and quantity that require the motor vehicle to be
marked or placarded.
382.107 Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols including methyl and isopropyl alcohol.
382.107 Alcohol Concentration (or content) - the alcohol in a volume of breath
expressed in terms of grams of alcohol per.210 liters of breath as
Page 3 `
indicated by an evidential breath-test under this policy and federal •
regulations.
382.107 Alcohol Use - the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Appointing Authority - the City Manager or other City officer to whom
the manager has delegated authority to appoint personnel.
Subpart
40.3 BAT (Breath Alcohol Technician) - an individual who instructs and assists
individuals in the alcohol testing process and operates an Evidential Breath Test
Device (EBT).
40.3 Chain of Custody - procedures to account for the integrity of each urine specimen
by tracking its handling and storage from point of specimen collection to final
disposition of the specimen. With respect to drug testing, these procedures shall
require that an appropriate Drug Testing Custody Form be used from time of
collection to receipt by the laboratory and that upon receipt by the laboratory an
n
appropriate Laboratory Chain of Custody Form(s) account(s) for the sample or
sample aliquots (split samples) within the laboratory.
City or City of St. Anthony - the City of St. Anthony, Minnesota, acting through
its City Manager or a designee of the City Manager.
City of St. Anthony Drug and Alcohol Testing Policy - a separate Drug and
Alcohol testing policy that is part of the City of St. Anthony Personnel Rules.
382.107 Commerce - both of the following:
(a) any trade, traffic, or transportation within the jurisdiction of the
United States between a place and a state and a place outside of such
state, including a place outside of the United States, and
(b) any trade, traffic, and transportation in the United States which
affects any trade, traffic, and transportation described in paragraph (a)
of this definition.
382.107 Commercial Motor Vehicle - a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor vehicle:
(a) has a gross combination weight rating of 26,000 or more pounds;
(b) has a gross vehicle weight rating of 26,001 or more pounds, inclusive
of a towed unit with a gross vehicle weight rating of more than
Page 4
• 10,000 pounds; or
(c) is designed to transport 16 or more passengers including the driver; or
(d) is of any size and is used in the transportation of materials found to
be hazardous for the purposes of the Hazardous Materials
Transportation Act and which require the motor vehicle to be
marked or placarded under the hazardous materials regulations, 49
C.F.R., Part 172, Subpart F.
A commercial motor vehicle does not include a fire truck or other emergency fire
equipment. '
382.107 Confirmation Test - for alcohol testing, it means a second test, following a
screening test with a result of .02 or greater, and that provides quantitative
data of alcohol concentration. For controlled substances testing, it means a
second analytical procedure to identify the presence of a specific drug or
metabolite, which independent of the screen test and which uses a different
technique and chemical principle from that of the initial screening test, in
order to insure reliability and.accuracy. (Gas chromatograhy/mass
spectometry, (GC/MS) is the only authorized confirmation method for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.)
MN STAT Confirmatory Retest - for controlled substances, it means a third analytical
181.950 procedure to reconfirm the presence of a specific drug or metabolite. If the
test result of the primary specimen is positive, the driver may request that
the MRO direct the split specimen be tested in any different DHHS -
certified laboratory for presence of the drug(s).
382.107 Consortium - an entity, including a group or association of employers or
contractors, that provides alcohol or controlled substance testing.as required
by federal regulations, or other U.S. Department of Transportation alcohol
or controlled substances testing rules, and that acts on the behalf of the
employers.
Controlled Substance - as defined by 21 U.S.C. 802 and includes all
substances listed on Schedule 1-5 as they may be revised from time to time
(21 C.F.R., Part 1308).
Subpart DHHS - The Department of Health and Humans Services or any designee of
40.3 the Secretary of the Department of Health and Human Services.
•
Page 5
40.3 DOT Agency - an agency (operating administration) of the United States
Department of Transportation administering regulations requiring alcohol
and/or drug testing in accordance with 49 C.F.R., Part 40.
382.107 Driver - any person who operates or maintains a commercial motor vehicle.
This includes, but is not limited to full-time, regularly employed drivers,
part-time and temporary drivers, leased drivers and independent owner/
operator contractors who are either directly employed by or under lease to
the City or who operate a commercial motor vehicle at the direction of or
with the consent of the City. For the purposes of pre-employment/pre-duty
testing only, the term "driver" includes a person applying to the City for
employment to drive a commercial motor vehicle.
Drug - means any substance (other than alcohol) that is a controlled
substance as defined in 49 C.F.R., Part 382 and 49 C.F.R., Part 40.
40.3 EBT (Evidential Breath Testing Device) - an EBT approved by the
National Highway Traffic Safety Administration (NHTSA) for the evidential
testing of breath and placed on NHTSA's "Conforming Products List of
Evidential Breath Measurement Devices."
Employer - The City of St. Anthony acting through its City Manager or a
designee of the City Manager.
FHWA - The Federal Highway Administration.
40.3 MRO - Medical Review Officer. A licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated
by an employer's drug testing program, who has knowledge of substance
abuse disorders and has appropriate medical training to interpret and evaluate
a driver's confirmed positive test result together with a driver's medical
history and any other relevant biomedical information.
382.107 Performing a Safety Sensitive Function - a driver is considered to be
performing a safety sensitive function during any period in which the driver
is actual performing, ready to perform, or immediately available to perform,
or in a state of readiness to perform any safety sensitive function while on
duty.
Random Selection - means a mechanism for selection of employees for
testing where each employee has an equal chance of being testing each time
selections are made.
Page 6
• 382:107 Reasonable Suspicion - means that the City believes the appearance,
behavior, speech or body odors of a driver are indicative of the use of a
controlled substance or alcohol based on the observation of at least one (1)
supervisor or official who has received training in the identification of
behaviors indicative of drug and alcohol use.
382.107 Refuse to Submit (to an alcohol or controlled substance test) - a driver:
(a) Fails to provide adequate breath for testing.without a valid medical
explanation after the driver has received notice of the requirement for
breath-testing in accordance with the provisions of this part;
(b) fails to provide adequate urine for controlled substances testing
without a valid medical explanation after the driver has received
notice of the requirement for urine testing in accordance with the
provisions of this policy and federal regulation; or
(c) engages in conduct that clearly obstructs the testing process.
382.107; Safety Sensitive Function - any of the following:
395.2 (a) All time at a carrier or shipping plant, terminal, facility, or other
property, or on any public property, waiting to be dispatched or in a
state of readiness to drive and/or maintain a commercial motor
vehicle, unless the driver has been relieved from duty by the City;
(b) all time inspecting equipment as required by federal regulations or
otherwise inspecting, servicing, or conditioning any commercial
motor vehicle at any time;
(c) all driving time which shall mean all time spent at-the'driving
controls of a commercial motor vehicle operation;
(d) all time, other than driving time, in or upon any commercial motor
vehicle except time spent resting in a sleeper berth, which shall mean
a berth confirming to the requirements of federal regulations;
(e) all time loading or unloading a commercial motor vehicle, supervising,
or assisting in the loading or unloading, attending a commercial
motor vehicle being loaded or unloaded, remaining in a state of
readiness to operate the commercial motor vehicle, or in giving or
receiving receipts for shipments loaded or unloaded;
(f) all time spent performing the driver requirements of the federal
statutes related to accidents;
Page 7 `
(g) all time repairing, obtaining assistance, or remaining in attendance •
upon a disabled commercial motor vehicle.
382.107 Screening Test (also known as Initial Test) - in alcohol testing, it means an
analytical procedure to determine whether a driver may have a prohibited
concentration of alcohol in his or her system. In controlled substance
testing, it means an immunoassay screen to eliminate "negative" urine
specimens from further consideration.
State of Readiness - a driver who in on call, ready to be dispatched, to
perform safety sensitive functions while on duty.
382.107 Substance Abuse Professional - a licensed physician (Medical Doctor or
Doctor of Osteopathy), or a licensed or certified psychologist, social worker,
employee assistance professional, or addiction counselor (certified by the
National Association of Alcoholism and Drug Abuse Counselors
Certification Commission) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled substances-related
disorders.
Supervisor - the person designated by the City to perform supervisory
functions over the City's drivers.
382.107 Violation Rate - the number of drivers found during random tests given
pursuant to this policy and federal regulations to have an alcohol
concentration of 0.04 or greater, plus the number of drivers who refuse a
random test required by this policy and federal regulations, divided by the
total reported number of drivers in the industry given random alcohol tests
pursuant to this policy and federal regulations, plus the total reported
number of drivers in the industry who refuse a random test required by this
policy and federal regulations.
4. PROHIBITED CONDUCT
Conduct Related to Alcohol
382.505 (a) A driver tested under this policy and federal law who is found to
have an alcohol concentration of 0.02 or greater but less than 0.04
shall not perform safety sensitive functions, including driving a
commercial motor vehicle. The driver shall not perform safety
sensitive functions until the start of the driver's next regularly
scheduled duty, but not less than twenty-four (24) hours following
administration of the test and the driver will not be compensated i
Page 8 `
• during the time off. The driver may use benefit hours during the
absence if accrued and available. A detectable alcohol concentration
level is in violation of the City of St. Anthony Drug and Alcohol
Testing Policy and actions also may be taken under that policy, which
may be in addition to this policy.
382.201 (b) No driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions while having an alcohol
concentration of 0.04 or greater.
(c) The City, having actual knowledge that a driver has an alcohol
concentration of 0.04 or greater, shall not permit the driver to
perform or continue to perform safety sensitive functions.
382.204 (d) -No driver shall be on duty or operate a commercial motor vehicle
while the driver possesses alcohol in any quantity, (also including cold
remedies, i.e., NyQuil).
382.205 (e) No driver shall use alcohol while performing safety sensitive
functions.
382.204 (f) The City, having actual knowledge that a driver is using alcohol while
performing safety sensitive functions, shall not permit the driver to
perform or continue to perform safety sensitive functions.
382.207 (g,) No driver shall perform safety sensitive functions within four (4)
hours after using alcohol.
382.207 (h) The City, having actual knowledge that a driver has used alcohol
within four (4) hours, shall not permit a driver to perform or
continue to perform safety sensitive functions.
382.209 (i) No driver required take a post-accident alcohol test because of loss of
human life or who receives a citation under state or local law for a
moving traffic violation arising from an accident, shall use alcohol for
eight (8) hours following the accident, or until the driver undergoes
a post-accident alcohol test, whichever occurs first.
382.211 (j) No driver shall refuse to submit to a post-accident test, a random
alcohol test, a reasonable suspicion test, or a follow-up alcohol test
mandated by this policy and federal law.
i
Page 9 `
(k) The City shall not permit a driver who refuses to submit to the •
mandated alcohol tests under this policy and federal law to perform
or continue to perform safety sensitive functions.
Conduct Related to Controlled Substances
382.213 (a) No driver shall report for duty or remain on duty requiring the
performance of safety sensitive functions when the driver uses any
controlled substance; except when the use is pursuant to the
instructions of a physician who has advised the driver that the
substance does not adversely affect the driver's ability to safely
operate a commercial motor vehicle.
382.213 (b) The City, having actual knowledge that a driver has used a controlled
(b) substance, shall-not permit the driver to perform or continue to
perform a safety function unless use is permitted pursuant to the
written instruction of a physician.
382.213 (c) A driver shall inform the driver's supervisor of any therapeutic drug use.
(c)
382.215 (d) No driver shall report for duty, remain on duty, or perform a safety
sensitive function, if the driver tests positive for controlled substances.
382.215 (e) The City, having actual knowledge that a driver has tested positive
for controlled substances, shall not permit the driver to perform or
continue to perform a safety sensitive functions.
382.211 (f) No driver shall refuse to submit to a post-accident controlled
substance test, a random controlled substance test, a reasonable
suspicion controlled substance test mandated by this policy and
federal law.
382.211 (g) The City shall not permit a driver who refuses to submit to the
mandated controlled substance tests to perform or continue to
perform safety sensitive functions.
Page 10
5. TYPES OF TESTS REQUIRED
Pre-employment Testing
382.301/ Prior to the first time a driver performs safety sensitive functions for the
382.413 City, the driver shall undergo testing controlled substances. For purposes of
this subsection on pre-employment testing, the term, "driver", includes but is
not limited to a person applying to the City to drive a commercial motor
vehicle, a person who has recently obtained a commercial driver's license or
a person whose has been reassigned or promoted into a position that requires
the performance of safety sensitive functions.
Any job offer, reassignment or promotion to drive a commercial motor
vehicle shall be contingent upon a negative drug test report and the
applicant's written agreement authorizing former employers to release to the
City all information on the applicant's alcohol tests with a concentration
result of 0.04 or greater, positive controlled substances test results, and
refusals to be tested, within the preceding two years. The City also retains
the right not to hire a driver who has a positive test result and who has not
participated and completed a counseling or rehabilitation program as directed
by the driver's substance abuse professional.
Post-Accident'Testing
382.303 (a) Drivers Tested. As soon as practicable'following an accident involving a
commercial vehicle, the City shall test for alcohol and controlled substances
of each surviving driver:
1. Who was performing safety sensitive functions with respect to the
vehicle, if the accident involved the loss of human life; or
2. Who"receives a citation under State or local law for a moving traffic
violation arising from the accident, provided the accident meets the
definition of "accident in Section 2 of this policy; or
2a. If a disabled vehicle(s) need(s) to be towed from the scene; or
2b. Injured individual(s) are in need of immediate medical care
away from the scene.
3. The City may also test under the City of St. Anthony Drug and
Alcohol Testing Policy.
Page 11 `
382.303 (b) Alcohol Tests. If a test required by this section is not administered within •
(b)(1) two (2) hours following the accident, the City shall prepare and maintain on
file a record stating the reasons the test was not promptly administered. If a
test request by this section is not administered within eight (8) hours
following the accident, the City shall cease attempts to administer an alcohol
test and shall prepare and maintain the same record. Records shall be
submitted to the FHWA upon request of the Associate Administrator.
382.303 (c) Controlled Substance Tests. If a test required by this section is not
(b)(2) administered within 32 hours following the accident, the City shall cease
attempts to administer a controlled substance test, and prepare and maintain
on file a record stating the reasons the test was not promptly administered.
Records shall be submitted to the FWHA upon request of the Associate
Administrator.
382.303 (d) Readily Available. A driver who is subject to post-accident testing shall
(c) remain readily available for such testing or may be deemed by the City to
have refused to submit to testing. Nothing in this section shall be construed
to require the delay of necessary medical attention for injured people
following an accident or to prohibit a driver from leaving the scene of an
accident for the period necessary to obtain assistance in responding to the
accident, or to obtain necessary emergency medical care.
382.303 (e) Post-Accident Information. The City shall provide drivers with necessary
(d) post-accident information, procedures and instructions, prior to the driver
operating a commercial motor vehicle, so..that drivers will be able to comply
with the requirements of this section.
382.303 (f) Test Results. The results of a breath or blood test for the use of alcohol or a
(e) urine test for the use of controlled substances, conducted by Federal, State or
local officials having independent authority for the test, shall be considered
to meet the requirements of this section provided such tests conform to
applicable Federal, State, or local requirements, and that the test results are
obtained by the City.
Random Testing
382.305 (a) Minimum Annual Percentage Rate. Except as provided in paragraphs (b)
through (f) of this section regarding random testing, the minimum annual
percentage rate for random alcohol testing shall be twenty-five percent
(25%) of the average number of driver positions the City has unless changed
by the FHWA Administrator. The minimum annual percentage rate for
random controlled substance (drug) testing shall be fifty percent (50%) of
the average number of driver positions the City has unless changed by the
Page 12 `
• FHWA Administrator.
382.305 (b) Selection of Drivers. The selection of drivers for random alcohol and
controlled substance testing shall be made by a scientifically valid method,
such as a random number table of a computer-based random number
generator that is.matched with a driver's employee identification number,
such as social security numbers, payroll identification number, or other
comparable identifying number. (The City of St. Anthony will use the
employee's payroll identification number.) Under the selection process used,
each driver shall have an equal chance of being tested each time selections are
made.
382.305 (c) Number of Drivers Selected. As stated earlier, the City is required to
(f) randomly select a sufficient number of drivers for alcohol testing during each
calendar year to equal an annual rate.not less than the minimum annual
twenty-five percent (25 0/6) rate for random alcohol testing or the annual rate
not less than the minimum annual fifty percent (50 0/6). _
Consortium The City will be conducting random testing for alcohol and/or
Testing controlled substances through a consortium, which means the number of
drivers to be tested may be calculated for each individual employer or may
be based on the total number of drivers covered by the consortium who are
subject to random alcohol and/or controlled substance testing at the same
minimum annual percentage rate under this part or any DOT alcohol or
controlled substance testing rule.
382.305 (d) Notice Regarding Tests. The City shall ensure that random alcohol and
(g) controlled substance testing conducted pursuant to federal law will be
unannounced and.the dates for administering random alcohol and controlled.
substance tests are scheduled throughout the calendar year. Drivers may be
selected for more than one test per year.
382.305 (e) Test Immediacy. The City shall require that each driver who is notified of
(h) selection for random alcohol and/or controlled substance testing proceeds to
the test site immediately; provided, however, that if the driver is performing
a safety sensitive function at the time of notification, the City shall instead
ensure that the driver ceases to perform the safety sensitive function and
proceeds to the testing site as soon as possible.
382.305 (f) Timing of Test. A driver shall be randomly tested for alcohol only while
(i) the driver is performing safety sensitive functions, just before the driver is to
perform safety sensitive functions, just after the driver has ceased performing
such safety sensitive functions or while the driver is in a state of readiness to
perform safety sensitive functions.
Page 13 `
Reasonable Suspicion Testing
382.307 (a) City's Determination of Reasonable Suspicion of Alcohol Violations. The
City shall require a driver to submit to an alcohol test when the appointing
authority has reasonable suspicion to believe that the driver has violated the
provisions of federal law concerning alcohol. The City's determination that
reasonable suspicion exists to require the driver to undergo an alcohol test
must be based on specific, current, articulable observations concerning the
appearance, behavior, speech, or body odors of the driver.
City's Determination of Reasonable Suspicion of Controlled Substance
Violations. The City shall require a driver to submit to a controlled'
substance test when the appointing authority has reasonable suspicion to
believe that the driver has violated the prohibitions of federal law or this
policy concerning controlled substances. The City's determination that
reasonable.suspicion exists to require the driver to undergo a controlled
substance test must be based on specific, current, articulable observations
concerning the appearance, behavior, speech, or body odors of the driver.
The observations may include indications of the chronic and withdrawal
effects of controlled substances.
382.307 (c) Trained Supervisor of Driver. The required observations for alcohol
(c) and/or controlled substance reasonable suspicion testing shall be made by a
supervisor or an employee of the City who is trained in accordance with
federal law. The person who makes the determination or who observes or
assists with making the determination that reasonable suspicion exists to
conduct an alcohol test, shall not conduct the alcohol test of the driver.
382.307 (d) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized
by federal law and this policy only if the observations required by paragraph
(c) above are made during, just proceeding, or just after the period of the
workday that the driver is required to be in compliance with federal law and
these rules. The driver may be directed by the City to only under go
reasonable suspicion testing while the driver is performing safety sensitive
functions, just before the driver is to perform safety sensitive functions, just
after the driver has ceased performing such safety sensitive functions or while
the driver is in a state of readiness to perform safety sensitive functions.
(e) City's Drug and Alcohol Testing Policy. If the driver is not performing
safety sensitive functions and reasonable suspicion exits, drivers may be tested
for drugs and alcohol under the City of St. Anthony Drug and Alcohol
Testing policy.
Page 14 `
382.307 (f) Prompt Administration of the Test. If an alcohol test required by federal
(e)(i) law and this policy is not-administered within two (2) hours following the
determination of reasonable suspicion, the City shall prepare and maintain
on file, a record stating the reasons the alcohol test was not promptly
administered. If an alcohol test required by federal law and this policy is not
administered within eight (8) hours following the determination of -
reasonable suspicion, the City shall cease attempts to administer and alcohol
test and shall state in the record the reasons for not administering the test.
382.307 (g) Under the Influence Prohibitions. Notwithstanding the absence of a
reasonable suspicion alcohol test under this policy and federal law, no driver
shall report for duty or remain on duty requiring the performance of safety
sensitive functions while the driver is under the influence of or impaired by
alcohol, as shown by the behavioral, speech, .and performance indicators of
alcohol misuse, nor shall the City permit the driver to perform or continue
to perform safety sensitive functions until:
(1) An alcohol test is administered and the driver's alcohol.
concentration measures less than 0.02; or
(2) Twenty-four (24) hours have elapsed following the
determination under paragraph (f) of this section that there is
reasonable suspicion to believe that the driver has violated the
prohibitions of this policy and federal law concerning the use
of alcohol.
382.307 (h) Driver's Behavior and Appearance Absent Test. Except as provided in (g)(2)
of this section, the City shall not take any action under this part against a
-driver based solely on the driver's behavior and appearance with respect to
alcohol use, in the absence of an alcohol test. This does not prohibit the
City with independent authority of federal law from taking action otherwise
consistent with law.
382.307 (i) Written Records of Observations. A written record shall be made of the
observations leading to a controlled substance reasonable suspicion test, and
signed by the supervisor or another city employee who made the
observations within twenty-four (24) hours of the observed behavior or
before the test results are released, whichever is earlier.
Return-to-Duty Testing
382.309 (a) Return-to-Duty Alcohol Test. The City shall ensure that before a driver
(a) returns to duty requiring the performance of a safety sensitive function after
engaging in conduct prohibited by federal law or this policy concerning
Page 15 `
alcohol, the driver shall undergo a return-to-duty alcohol test with a result
indicating an alcohol concentration of less than 0.02.
382.309 (b) Return-to-Duty Controlled Substance Test. The City shall ensure that before
(b) a driver returns to duty requiring the performance of a safety sensitive
function after engaging in conduct prohibited by federal law or this policy
concerning controlled substances, the driver shall undergo a return-to-duty
controlled substance test with a result indicating a verified negative result for
controlled substance use.
Follow-up Testing
382.311 (a) Follow-up Alcohol and/or Controlled Substance Test. Following a
(a) determination that a driver is in need of assistance in resolving problems
associated with alcohol misuse and/or use of controlled substances, the City
shall ensure that the driver is subject to unannounced follow-up alcohol
and/or controlled substance testing as directed by a substance abuse
professional in accordance with the federal law.
382.311 (b) Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be
conducted only while the driver is performing safety sensitive functions, just
before the driver is to perform safety sensitive functions, just after the driver
has ceased performing such safety sensitive functions or while the driver is in
a state of readiness to perform safety sensitive functions.
6. SPECIMEN COLLECTION PROCEDURES
(a) The collection site person shall instruct the driver to provide at least 60m1 of
urine under the split sample method of collection.
40.25 (b) � The City is required to use the "split sample" method of collection for
(f)(10) drivers.
Split Specimen Procedure for Controlled Substance Testing.
40.25 (a) The driver shall urinate into a specimen bottle that is capable of holding at
(000)(ii)(a) least 60ml.
40.25 (b) The collection site person shall pour the urine into two specimen bottles.
(0(10)(ii)(b) Thirty (30) ml shall be poured into one bottle, to be used as the primary
specimen. At least 15ml shall be poured into the other bottle, to be used as
the split specimen. The collection site person shall label one urine specimen
bottle as "primary" and the other urine specimen bottle as "split"; seal the
Page 16 `
specimen bottles; complete a chain of custody document and prepare the
bottles for shipment to the testing laboratory for analysis.
40.25 (c) If the driver is unable to provide the appropriate quantity of urine,
(0(10)(iv) the collection site person shall instruct the driver to drink not more than 24
ounces of fluids and, after a period of no more than two (2) hours, again
attempt to provide a complete sample. If the driver is still unable to provide
a complete sample, the testing shall be discontinued and the City will be
notified. The Medical Review Officer (MRO) shall refer the driver for a
medical evaluation to determine if the driver's inability to provide a
specimen is genuine or constitutes a refusal to test.. For pre-employment
testing, the City may elect to revoke the employment offer.
40.25 (d) Both bottles shall be shipped in a single container, together with copies 1, 2,
(0(10)(i;)(d) and the split specimen copy of the Chain of Custody Form, to the
laboratory.
40.25 (e) If the test result of the primary specimen is positive, the driver may request
(0(10)(ii)(d) that the MRO direct the split specimen be tested in a different DHHS-
certified laboratory for presence of the drug(s) for which a positive result was
obtained in the test of the primary specimen. The MRO shall honor such a
request if it is made within 72 hours of the driver having been notified of a
verified positive test result. The testing of the split specimen by the second
laboratory will be done at the driver's expense.
40.25 (f) When the MRO informs the laboratory in writing that the driver has
(000)(ii)(0 requested a test of the split specimen, the laboratory shall forward, to a
different DHHS-approved laboratory, the split specimen bottle, with seal
intact, a copy of the MRO request, and the split specimen copy of the Chain
of Custody entries.
40.25 , (g) The result of the test of the split specimen is transmitted by the second
(000)(ii)(9) laboratory to the MRO.
40.25 (h) Action required by the regulations as the.result of a positive drug test (e.g.,
(0(10)(ii)(h) removal from performing a safety sensitive function) is not stayed pending
the result of the test of the split specimen.
40.25 (i) If the result of the test of the split specimen fails to reconfirm the presence
(0(10)(ii)(i) of the drug(s) or drug metabolite(s) found in the primary specimen, the
MRO shall cancel the test, and report the cancellation and the reasons for it
to the DOT, the City and the driver.
40.29 (j) If the result of the primary specimen is positive, the laboratory shall retain
Page 17 `
(b)(2) the split specimen in frozen storage for 60 days from the date on which the
laboratory acquires it. Following the end of the 60-day period, if not
informed by the MRO that the driver has requested a test of the split
specimen, the laboratory may discard the split specimen.
40.29 (k) When directed in writing by the MRO to forward the split specimen to
(b)(3) another DHHS certified laboratory for analysis, the second laboratory shall
analyze the split specimen by Gas,Chromatography/Mass spectrometry to
reconfirm the presence of the drug(s) or drug metabolite(s) found in the
primary specimen. The split specimen shall be retained in long-term storage
for one year by the laboratory conducting the analysis of the split specimen.
Reporting and Review of Results for Controlled Substance Testing
40.33 (a) Confirmation Retest. The MRO shall notify each driver who has a
(� confirmed positive test that the driver has 72 hours in which to request a test
of the split specimen if the test is verified as positive. The driver will be
responsible for all costs associated with the confirmatory retest unless results
are negative. If the driver requests an analysis of the split specimen within
72 hours of having been informed of a verified positive test and the analysis
of the split specimen fails to reconfirm the presence of the drug(s) or drug
metabolite(s) that were originally found in the primary specimen, or if the
split specimen is unavailable, inadequate for testing or untestable, the MRO
shall cancel the test and report the cancellation and the reasons for it to the
DOT, the City and the driver.
40.33 (b) MRO shall direct the analysis of split specimen. If the driver has not
(g) contacted the MRO within 72 hours of having been informed of a verified
positive test, the driver may present to the MRO information documenting
that serious illness, injury, inability to contact the MRO, lack of actual
notice of the verified positive test, or other circumstances that unavoidably
prevented the driver from contacting the MRO in a timely manner. If it is
determined that the driver did have a legitimate explanation for not
contacting the MRO, the MRO shall direct the analysis of the split specimen,
as applicable, be performed.
(c) MRO is unable to contact the Driver. If, after making reasonable efforts
and documenting those efforts, the MRO is unable to reach the driver
directly, the MRO must contact the designated City contact person, who
shall direct the driver to contact the MRO. If the City contact person is
unable to contact the driver, the driver will be placed on suspension.
(d) MRO may verify a Positive Test. The MRO may verify a positive test
without having communicated directly with the driver about the test results
Page 18
• under the following circumstances:
(1) The driver expressly declines the opportunity to discuss the test
results.
(2) The driver has not contacted the MRO within five (5) days of being
instructed to do so by the City.
7. ALCOHOL TESTING
The FWHA alcohol testing rules require breath testing to be administered by a
Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT).
Two (2) breath tests are required to determine if a person has a prohibited alcohol
concentration. Any results less than 0:02 alcohol concentration is considered a
"negative" test. If the alcohol concentration is 0.02 or greater, a second
confirmation test must be conducted. If the driver attempts and fails to provide an
adequate amount of breath, the City will direct the driver to obtain a written
evaluation from a licensed physician to determine if the driver's inability to provide
a specimen is genuine or constitutes a refusal to test. Alcohol test results are
reported directly to the designated City contact person.
S. CONFIDENTIALITY
. All alcohol/controlled substances test results and the required records are considered
confidential information. Any information concerning an.individual's test results
and records shall not be released without the written permission of the individual
except as provided for by regulation or law.
. 9. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED
CONDUCT
382.501 (a) Removal From Safety Sensitive Function. Except as provided in federal law,
(a) no driver shall perform safety sensitive functions, including driving a
commercial motor vehicle, if the driver has engaged in conduct prohibited by
federal law or this policy or an alcohol or controlled substance rule of
another Department of Transportation agency.
382.501 (b) Prohibition of Safes Sensitive Functions. The City shall not permit any
(b) driver to perform safety sensitive functions, including driving a commercial
vehicle, if the City has determined that the driver has violated federal law.
(c) Refusal to Submit. If the driver refuses to undergo the required testing
From the , under the federal regulations, the driver may be subject to discipline
City of St. including, but not limited to, discharge. A driver may request a
Anthony hearing under a negotiated agreement if permitted, or under the St.
Drug & Anthony City Code, Section 300.20. If a job applicant refuses to
Page 19 `
Alcohol submit to drug and alcohol testing carried out in conjunction •
Policy with federal regulations, the job applicant may not be hired.
(d) Pre-employment Test.
Job Applicants (including the Promotion of Drivers. The
appointing authority will not withdraw an offer of employment or
promotion to a driver position made contingent on the job applicant
passing drug and alcohol testing based on a positive test result in an
initial screening test that has not been verified by a confirmatory test.
Where there has been a positive test result in a confirmatory test and
in any confirmatory retest (controlled substances only), the appointing
authority will withdraw the contingent offer of employment or
promotion to a driver position if the City determines in accordance
with the Minnesota Human Rights Act that alcohol or drug usage or
abuse prevents the job applicant from performing the safety sensitive
functions of the job in question.
181.953 (e) Other Tests. The appointing authority will not discharge, discipline,
Subd. 10 (b) discriminate against, or request or require rehabilitation of a driver
MN Stat. solely on the basis of a positive test result from a screening test that
has not been verified by a confirmatory test. Where there has been a
positive test result in a confirmatory test and in any confirmatory •
retest (controlled substances only), the City may do the following:
(1) First Positive Test Result. The driver will be given an
opportunity to participate in either a drug or alcohol
counseling or rehabilitation program, whichever is more
appropriate. After consultation with a Substance Abuse
Professional or physician trained in the diagnosis and treatment
of chemical dependency from the driver's health plan,
participation in a counseling or rehabilitation program will be
at the driver's own expense or pursuant to coverage under the
driver's own benefit plan. If the driver either refuses to
participate in the counseling or rehabilitation program or fails
to successfully complete the program, as evidenced by
withdrawal from the program before its completion or by a
positive test result on a confirmatory test after completion of
the program, and alcohol or drug abuse prevents the driver
from performing the safety sensitive functions of the job in
question, the appointing authority will recommended that the
driver be discharged from employment.
(2) Second Positive Test Result. Where alcohol or drug abuse •
Page 20 `
• prevents the driver from performing the safety sensitive
functions of the job in question, it will be recommended that
the driver be disciplined; including, but not limited to,
discharge from employment. The driver, whether discharged
or not, will have access to the evaluation and referral in
resolving problems with alcohol misuse and controlled
substance use through the driver's health plan, again at the
driver's expense.
(3) Suspensions and Transfers. Notwithstanding any other
provisions herein, the City may temporarily suspend the tested
driver with pay for up to 90 days or transfer that driver to
another position at the same rate of pay of pay pending the
outcome of the confirmatory test and, if requested, the
confirmatory retest (controlled substances only), provided the
City believes that it is reasonably necessary to protect the .
health or safety of the driver, co-employees, or the public.
(4) Other Misconduct. Nothing in this policy limits the right of
the City to discipline or discharge a driver on grounds other
than a positive test result in a confirmatory test arising from
• the same or another incident, including but not limited to, a
conviction of any criminal drug statute for a violation
occurring in the workplace.
10. PENALTIES
582.507 Criminal penalties shall be prescribed by 49 U.S.C. Sec. 521 (b)(2), which
provides that an employee who knowingly and willfully violates the
Omnibus Transportation Employee Testing Act while operating a
commercial motor vehicle by activities that have led or could have led to
death or serious injury is subject to the statutory criminal sanctions.
11. REFERRAL, EVALUATION, AND TREATMENT
382.605 (a) Resource Advisory. Each driver who engages in conduct prohibited by
(a) federal law and this policy shall be advised by the City of the resources
available to the driver in evaluating and resolving problems associated with
the misuse of alcohol and use of controlled substances, including the names,
addresses, and telephone numbers of substance abuse professionals and
counseling and treatment programs.
382.605 (b) Evaluation by a Substance Abuse Professional. Each driver who engages in
Page 21
(b) conduct prohibited by federal law and this policy shall be evaluated by a • .
Substance Abuse Professional who shall determine what assistance, if any, the
driver needs in resolving problems associated with alcohol misuse and
controlled substance use.
382.605 (c) Return to Duty Testing and Assistance.
(c)(1) (1) Before a driver returns to duty requiring the performance of a safety
sensitive function after engaging in conduct prohibited by a federal
law or this policy, the driver shall undergo a Return-To-Duty alcohol
test with the result indicating an alcohol concentration of less than
0.02 if the conduct involved alcohol, or a controlled substance test
with a verified negative result if the conduct involved a controlled
substance.
382.605 (2) In addition, each driver identified as needing assistance in resolving
(c)(2)(i-ii) problems associated with alcohol misuse or controlled substance use:
(A.) Shall be evaluated by a Substance Abuse Professional to
determine that the driver has properly followed any rehabilitation
program prescribed under federal law and these rules; and
(B.) Shall be subject to unannounced Follow-Up alcohol and •
controlled substance testing administered by the City following the
driver's return to duty. The number and frequency of such Follow-
Up testing shall be as directed by the Substance Abuse Professional,
and consist of at least six (6) tests in the first twelve (12) months
following the driver's return to duty. The City may direct the driver
to undergo Return-To-Duty and Follow-Up testing for both alcohol
and controlled substances, if the Substance Abuse Professional
determines that Return-To-Duty and Follow-Up testing for both
alcohol and controlled substances is necessary for that particular
driver. Any such testing shall be performed in accordance with the
requirements of 49 C.F.R. Part 40. Follow-Up testing shall not
exceed sixty (60) months from the date of the driver's Return-To-
Duty. The Substance Abuse Professional may terminate the
requirement for Follow-Up testing at any time after the first six (6)
tests have been administered, if the Substance Abuse Professional
determines that such testing is�no longer necessary.
382.605 (d) Evaluation and Rehabilitation. Evaluation can be provided by the Substance
Abuse Professional associated with the driver's health plan. Any
recommended participation in a counseling or rehabilitation program will be
at the driver's own expense or pursuant to coverage under an employee's •
benefit ,elan.
Page 22 `
• 382.605 (e) Conflict of Interest of Substance Abuse Professional. The City shall ensure
(e) that a Substance Abuse Professional who determines that a driver requires
assistance in resolving problems with alcohol misuse. or controlled substance
use does not refer the driver to the Substance Abuse Professional's private
practice or to a personal organization from which the Substance Abuse
Professional receives compensation or in which the Substance Abuse
Professional has a financial interest. This paragraph does not prohibit a
Substance Abuse Professional from referring a driver for assistance provided
through a public agency, the City or a person under contract to provide
treatment for alcohol or controlled substance problems on behalf of.the City,
the sole source of therapeutically appropriate treatment under the driver's
health insurance program; or the sole source of therapeutically appropriate
treatment reasonable accessible to the driver.
382.605 (f] Inapplicability of Section. The requirement of this section with respect to
(f) referral, evaluation, rehabilitation do not apply to applicants who refuse to
submit to a pre-employment controlled substance test or who have a pre-
employment controlled substance test with .a verified positive test result.
12. APPEALS PROCEDURE
•
(a) Concerning disciplinary actions taken pursuant to this City of St. Anthony
Policy Implementing the Federal Omnibus Transportation Employee Testing
Act and Related Regulations, available appeal procedures are as follows:
(1) Temporary Employees. Temporary employees as defined in the City
of St. Anthony Personnel Policy shall have no right of appeal.
(2) Non-Veterans on Probation. An employee who has not completed
the probationary period and who is not a veteran, has no right to
appeal.
(3) Non-Veterans After Probation. A regular employee who has
completed the probationary period and who is not a veteran, has a
right to appeal to the City Manager no later than 15 calendar days of
the action, or the employee;may utilize the grievance procedure
included in the applicable collective bargaining agreement.
(4) Veterans. An employee who is a veteran has a right to appeal to the
City Manager, a permanent demotion (including salary decreases), or a
discharge, if the employee submits a notice of appeal within sixty (60)
• calendar days of the action, regardless of status with respect to the
probationary period. An employee who is a veteran may have
Page 23 `
additional rights under the Veterans Preference Act, Minn. Stat. •
197.46, and as such will be notified by the City in writing of any
proposed disciplinary action.
(b) All notices of appeal not covered under a collective bargaining agreement
must be submitted in writing to the City Manager, 3301 Silver Lake Road,
St. Anthony, Minnesota 55418, and shall be provided an appropriate
hearing.
(c) An employee who is covered by a collective bargaining agreement may elect
to seek relief under the terms of that agreement by contacting the
appropriate union and initiating grievance procedures in lieu of making an
appeal to the City Manager.
13. GOOD FAITH EFFORT
The City of St. Anthony will make a continuing good faith effort to maintain a
drug-free workplace through the implementation of the City of St. Anthony
Implementing the Federal Omnibus Transportation Employee Testing Act and
Related Regulations.
This policy implementing the Federal Omnibus Transportation Employee Testing Act is
based upon final federal regulations at the time of the adoption of this policy. Any
revisions in the federal rules shall take precedence over this policy to the extent that the
policy has not incorporated the revised rules.
POLICY MODIFICATION
Addendum No. 1. 10/95
In accordance with state and federal law, The City of St. Anthony has altered its
procedures governing pre-employment alcohol testing. Pre-employment alcohol testing will
now be conducted pursuant to the City's drug and alcohol testing policy applicable to non-
transportation employees. A copy of that policy will be provided to all individuals given a
contingent offer of employment as a transportation employee.
sadrglpo1 •
CITY OF ST. ANTHONY
RESOLUTION 95-062
A RESOLUTION APPROVING THE HOUSING GOALS
AGREEMENT OF THE METROPOLITAN LIVABLE
COMMUNITIES ACT
WHEREAS, on October 10, 1995, the City Council passed a resolution electing to
participate in the Local Housing Incentives Account Program under the
Metropolitan Livable Communities Act, Calendar Year 1996.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St.
Anthony hereby approves the Housing Goals Agreement relating to the Metropolitan
Livable Communities act on behalf of the City of St. Anthony.
Adopted this day of , 1995.
s
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
DR-kFT
HOUSING GOALS AGREEMENT
METROPOLITAN LIVABLE CONIMUNITIES ACT
• PRINCIPLES
The city of St. Anthony supports:
1. A balanced housing supply, with housing available for people at all income levels.
2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and
location of housing within the community.
3. A variety of housing types for people in all stages of the life-cycle.
4. A community of well-maintained housing and neighborhoods, including ownership
and rental housing.
5. Housing development that respects the natural environment of the community while
striving to accommodate the need for a variety of housing types and costs.
6. The availability of a full range of services and facilities for its residents, and the
improvement of access to and linkage between housing and employment.
GOALS
To carry out the above housing principles, the-City of St. Anthony agrees to use
benchmark indicators for communities of similar location and stage of development as
affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best
efforts, given market conditions and resource availability, to maintain an index within the
benchmark ranges for affordability, life-cycle and density.
CTTY DOEX BENCHMARK GOAL
Affordability ; ... '>
Ownership 77% 77-87% 77-87%
Rental 45% 45-50% 45-50%
Life-Cycle
Type(Non-single family 49% 3341%
detached) 33-41%
Oii-ner/renter Mix 61139% (64-75) / 64-75/
(25-36)% 25-36%
Density
Single-Family Detached 3.2/acre 2.3-2.9/acre 2.3-3.2/acrel
Multifamily 16/acre 13-15/acre 13-16/acre
To achieve the above goals, the City of St. Anthony elects to participate in the Metropolitan
Livable Communities Act Local Housing Incentives Program, and will prepare and submit
a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to
carry out the above goals.
CERTIFICATION
Mayor Date
CITY OF ST. ANTHONY
RESOLUTION 95-058
A RESOLUTION APPROVING 1996 SALARY OF
MICHAEL J. MORNSON, ST. ANTHONY CITY MANAGER
WHEREAS, the City of St. Anthony employs Michael J. Mornson as its City
Manager; and
WHEREAS, both parties have agreed to a 1996 salary of$59,400.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St.
Anthony hereby authorizes a salary of$59,400 for City Manager Michael J. Mornson,
effective January 1, 1996 through December 31, 1996.
Adopted this day of 51995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
ORDINANCE 1995-007
AN ORDINANCE RELATING TO UNUSED SICK LEAVE;
AMENDING SECTION 300.10, SUBD. 8 (a)
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 300.10, Subd. 8(a) shall be amended to read as follows:
Subd. 8. Unused Sick Leave Pay. An unused sick leave pay policy is established
subject to the following rules and regulations:
(a) Unused sick leave payments will be made to full-time employees only hired
before December 31, 1995 with at least one year of service. For full-time
01 employees hired after December 31, 1995, it shall be for employees with at
least three years of service.
Section 2. This ordinance shall be in effect as of the date of its publication.
First Reading: November 14, 1995
Second Reading: November 27, 1995
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of
199 .
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
November 27, 1995
I. CALL TO ORDER.
II. ROLL CALL.
III. SET NOVEMBER 27, 1995 H.R.A. AGENDA.
IV. APPROVAL OF NOVEMBER 14, 1995 H.R.A. MINUTES.
V. CLAIMS.
A. Northern Water Works Supply, Inc.:
1) $347.54.
2) $901 .25.
VI. HRA RESOLUTION 95-009, re: $2,650,000 BONDS FOR
CONSTRUCTION OF CITY HALL/COMMUNITY CENTER.
VII. MISCELLANEOUS.
VIII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES
3 NOVEMBER 14, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:28 P.M.
6 II. ROLL CALL.
7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks,
8 Commissioners Wagner and Fleming.
9 Commissioners Absent: None.
10 Also Present: Executive Director Michael Monnson.
11 III. APPROVAL OF NOVEMBER 14; 1995 HRA AGENDA.
12 Motion by Marks, second by Wagner to approve the November 14, 1995 HRA Agenda as
13 presented.
14
15 Motion carried unanimously.
16 IV. APPROVAL OF OCTOBER 10, 1995 HRA MINUTES.
17 Motion by Enrooth, second by Wagner to approve the October.10, 1995 HRA minutes as
0 presented.
19 Motion carried unanimously.
20 V. PRESENTATION OF CLAIMS.
21 Motion by Marks, second by Enrooth to approve the following claims:
22 A. Dorsey&Whitney in the amount of$1,210.00 for legal services rendered through
23 September 30, 1995.
24 B. Egan. Field &Nowak. Inc. in the amount of$4,212.76 for a topographic survey of St.
25 Anthony Village Hall.
26 C. Southam Business Communications U.S.A.. Inc. in the amount of$222.50 for
27 construction bulletin City Hall/Community Center.
28 D. SSpringsted, Inc. in the amount of$1,181.40 for financial advisory services performed
29 from March 1, 1994 through June 30, 1995.
30 E.- Williams/O'Brien Associates. Inc. in the amount of$47,188.59 for architectural services
31 rendered August 27, 1995 through September 27, 1995 and in the amount of$5,528.45
32 for reimbursable expenses.
33 Motion carried unanimously.
VI. MISCELLANEOUS.
5 There was Council consensus to have discussion at the next work session on changing the
36 procedures for purchasing properties through the HRA.
Housing and Redevelopment Authority Meeting Minutes
November 14, 1995 `
Page 2
1 Mornson noted the Rice Creek Watershed permit had been approved for the City
2 Hall/Community Center.
3
4 VII. ADJOURNMENT.
5 Motion by Enrooth, second by Marks to adjourn the meeting at 7:35 P.M.
6 Motion carried unanimously.
7 Respectfully submitted,
8 Lorri Kopischke
9 Timesaver Off Site Secretarial
10
11 Mayor
12 ATTEST:
13 City Clerk
northern water works supply, Inc.
WBISMARCK • FARGO 9 MINNEAPOLIS INVOICE NO.
M1 4 —
PHONE 701/293-5511 • FAX 7011232-8129 REMIT TO:
IMPORTANT: Northern Water Works Supply
Account No. Territory P.O.Box 1070,Fargo,ND 58107
SOLD SHIP
TO: TO:
3518 16 PAGE 1
ST ANTHONY, CITY OF — WATER DEPT ST ANTHONY, CITY OF — WATER
3301 SILVER LAKE ROAD 33RD & SILVER LAKE RD
FILTER PLANT / CALL 789-8
ST. ANTHONY, MN 55418-1699 [JIM] BEFORE DEPARTURE TO J
DAT r4� S ;WRITTEN
., 4 FRFJGH�j U�±> j.
E ��
11/06/95 11/14/95 11/14/95 ST E 3859 WILL CALL NWWR'. TNr
fti
aO.RTlEf b' 1
INN 0�� PRI _�• AIVOiI
; .
-11T12 1 1 12 PVC SEWER TEE GGG 140. 51 140. 51.
-11P12 1 1 12 PVC SEWER PLUG TE 36. 64 36. 64:
)2B212 i 1 12 X 22 PVC SEWER BEND HH 70. 84 70. 84,
)2B 12 1 1 12 X 45 PVC SEWER BEND HH 72. 26 72. 26
31 7P 1 1 727 HOT ' R COLD PVC CEMENT , 6. 08 6. 08
PINT
SPECIAL INSTRUCTIONS: SUB-TOTAL 326. 33'
26. 33
• FREIGHT 0. 00
STATE TAX 21. 21
TERMS: Due Net 10th of month following date of invoice. A SERVICE CHARGE Is computed by a Periodic rate of 11/2% CITY TAX 0. 00
per month.This Is an ANNUAL PERCENTAGE RATE of 18%. 0. 00
NO CREDIT WILL BE ALLOWED FOR GOODS RETURNED WITHOUT PERMISSION. RETURNED GOODS MUST BE TOTAL 347. 54
IN SALEABLE CONDITION. A RESTOCIONG CHARGE WILL BE MADE ON ALL GOODS RETURNED FOR CREDIT. WE
ARE NOT RESPONSIBLE FOR DAMAGE IN TRANSIT.CLAIMS MUST BE FILED WITH CARRIER. CUSTOMER COPY
- .-.;.:-..._:...:....-r_r...�-»ui°+.wr,..a>wr^o:�cc-+s.r+_ta[c:.•:r._.,�-�,z.��... ..
northern water works supply, Inc.
U.— BISMARCK
• FARGO • MINNEAPOUS INVOICE NO.
PHONE 701/293-5511 • FAX 701/232-8129 REMIT T0:
IMPORTANT: Northern Water Works Supply
Account No. Territory P.O.Box 1070,Fargo,ND 58107
SOLD SHIP
TO: TO:
3518 16 PAGE 1
ST ANTHONY, CITY OF — WATER DEPT ST ANTHONY, CITY OF — WATER
3301 SILVER LAKE ROAD 33RD 8 SILVER LAKE RD
FILTER PLANT / CALL 789-8
ST. ANTHONY, MN 55418-1699 1JIM3 BEFORE DEPARTURE TO J
Bsi SjjIP: '''INVOICF_', �,SAL}ESM N CL�STO E ,' s i` FREIGHT TERMS WRITTEN
I0 PRICE AMOUNT
C
,��,f
N - ESCRIPJ '?'} F .
,.�' a ORDER "'"`SWIPi� `-B%O": _ .
3512 130 130 12 PVC SEWER PIPE SDR35 13 G 4.85 630.50
100612 2 2 12 FLEX CPLG RCP X PVC 34.46 68.92
81PL 1 1 PIPE LUKE , 2 LB TUB 3.65 3.65
01 2 1 1 12 X 22 PVC SEWER FEND GO 71.06 71.06
012 1 1 12 X 45 PVC SEWER BEND GG 72. 11 72. 11
01T12 1 0 1 12 PVC SEWER TEE GGG 140.51 0.00
01P12 1 0 1 12 PVC SEWER PLUG TE 36.64 0.00
SPECIAL INSTRUCTIONS: SUB-TOTAL 846.24
FREIGHT 0.00
STATE TAX 55.01
TERMS: Due Net 10th of month following date of Invoice. A SERVICE CHARGE is computed by a periodic rate of 1 1h% CITY TAX 0.00
per month.This Is an ANNUAL PERCENTAGE RATE of 18%. 0.00
NO CREDIT WILL BE ALLOWED FOR GOODS RETURNED WITHOUT PERMISSION. RETURNED GOODS MUST BE TOTAL 701.2
IN SALEABLE CONDITION. A RE-STOCIONG CHARGE WILL BE MADE ON ALL GOODS RETURNED FOR CREDIT. WE
ARE NOT RESPONSIBLE FOR DAMAGE IN TRANSIT.CLAIMS MUST BE FILED WITH CARRIER. CUSTOMER COPY
CERTIFICATE
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, MINNESOTA
I,,the undersigned being the duly qualified Executive Director of the
Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest
and certify that:
1. As such officer, I am the recording officer of the Housing and
Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of
the original record from which the attached resolution was transcribed.
2. I have carefully compared the attached resolution with the original
record of the meeting at which the resolution was acted upon.
3. I find the attached resolution to be a true, correct and complete copy
of the original:
Resolution Approving Pledge of Tax Increments from
Kenzie Terrace and Chandler Place Tax Increment
Financing Districts to Pay $2,650,000 General Obligation
Tax Increment Bonds, Series 1995B of the City of St.
Anthony
4. I further certify that the affirmative vote on said resolution was
ayes, nayes, and absent/abstention.
5. Said meeting was duly held, pursuant to call and notice thereof, as
required by law, and a quorum was present.
WITNESS my hand officially as such Executive Director this day
of , 1995.
Michael Mornson,
Executive Director
• o
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 95-009
RESOLUTION APPROVING PLEDGE OF TAX INCREMENTS
FROM KENZIE TERRACE AND CHANDLER PLACE TAX
INCREMENT FINANCING DISTRICTS TO PAY $2,650,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES
1995B OF THE CITY OF ST. ANTHONY
BE IT RESOLVED, by the Board of Commissioners (the "Board") of the
Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as
follows:
1. Redevelopment Plans and Tax Increment Financing Plans.lans. The
HRA has approved a redevelopment plan, as defined in Minnesota Statutes, Section
469.002, subdivision 16, designated as Kenzie Terrace Redevelopment Plan,
Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan,
Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for
Redevelopment Project No. 3, together with certain amendments thereto (the
"Redevelopment Plans"), and redevelopment projects to be undertaken pursuant
thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the
"Redevelopment Projects"), and that in order to finance the public redevelopment
costs to be incurred by the HRA in connection with certain of the Redevelopment
Plans and the Redevelopment Projects., the HRA has approved tax increment
financing plans, pursuant to the provisions of Minnesota Statutes, Section 469.175
• (the "Financing Plans"), which two establish tax increment financing districts, as
defined in Minnesota Statutes, Section 469.174, subdivision 9, which are designated
by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County
No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the
"Districts"). The HRA has approved an amendment to the Redevelopment Plans
and the Financing Plans which combines the areas subject to the Redevelopment
Plans and expands the area subject to the Redevelopment Plans and authorizes the
expenditure of tax increment revenue derived from the Districts to pay public
redevelopment costs in the additional area subject to the Redevelopment Plans and
costs related to construction of a community center designed to serve the residents
of the City. To finance a portion of the costs of the community center the City will
issue its General Obligation Tax Increment Bonds, Series 1995B (the "Bonds") in the
principal amount of $2,650,000, and will pledge to the payment of the Bonds tax
increment derived from the Districts.
2. Approval of Pledge of Tax Increments. The issuance of the Bonds
by the City to finance the community center is hereby approved. The HRA hereby
pledges and appropriates tax increments from the Districts to the City to pay the
principal of and interest on the Bonds. Such pledge is on a parity with the pledge of
such tax increments to pay any other obligations of the City or HRA. The
appropriate officers of the HRA are hereby authorized and directed to execute and
• deliver on behalf of the HRA a Pledge Agreement between the City and HRA with
respect to the pledge and appropriation of tax increment from the Districts to pay the
principal of and interest on the Bonds.
Dated the day of . 1995.
Chairperson
Attest:
Secretary ,
•
-2-
• MEMORANDUM DRAFT
`
DATE: November 22, 1995 ___.._........___
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: UPDATE ON HOUSING REDEVELOPMENT POLICY
Enclosed is a proposed policy on providing HRA funding for residential
redevelopment in St. Anthony. Under the new policy, the HRA has the ability
to purchase property or provide HRA funding after a developer purchases the
property.
The benefit of the latter is that there would be no risk for the City. The
developer purchases the property, not the City.
• If you have any questions, please contact me.
•
•
DRAFT
MEMORANDUM
DATE: November 22, 1995
TO: Builders and Developers in the City of St. Anthony
FROM: Michael Mornson, City Manager
ITEM: HRA FUNDS FOR REDEVELOPMENT OF RESIDENTIAL
LOTS
. This is to inform you that the City of St. Anthony Housing and Redevelopment Authority
(HRA) has funds available for the redevelopment of residential property. The City can provide
up to $15,000 for the redevelopment of residential property, provided the conditions outlined in
the enclosed St. Anthony HRA policy are met.
The most recent HRA projects have been located at 3111 and 3112 Silver Lake Road. Two
new homes were constructed at a minimum value of$150,000 each. In these cases, the City
purchased the properties and resold them to an interested developer to clear the property and
build.two new houses.
In the new policy, the developer would purchase the house, clear the property and build a new
house. If the developer meets the City's policy, up to $15,000 could be received.
Because a public.hearing by the City Council is required, if you are interested in applying for
HRA project funds you need to schedule a meeting with City staff.
•
CITY OF ST. ANTHONY DRAFT'HOUSING AND REDEVELOPMENT AUTHORITY
RESIDENTIAL REDEVELOPMENT POLICY
PURPOSE
The purpose of this policy is to increase the property value within the City limits of St.
Anthony and to encourage the continuation of single family ownership.
HOW THE POLICY WORKS
The policy works in two ways:
1. The City can purchase the property and resell it to a developer, as authorized
under Minnesota State Statute 469.028; or
2. The developer can purchase the property and request funds from the Housing and
Redevelopment Authority (HRA) to assist in the redevelopment of the property as
authorized under Minnesota State Statute 469.028.
CONDITIONS
• The developer applies to the HRA for assistance to redevelop property, not to exceed
$15,000.
• The HRA applies to the City Council to proceed with this redevelopment project.
• The City Council sets a public hearing on the request, as required by Minnesota State
Statute 469.028. In addition, the Planning Commission issues a written opinion on the
redevelopment. After the Planning Commission has submitted their opinion and after
the public hearing, the City Council considers the request for HRA funds for the
redevelopment of residential property.
• The existing structure must be considered substandard and be demolished by the
developer.
• A new house must be constructed with a minimum increase in value of 3 times the
existing structure, i.e., if the existing structure is valued at $50,000, the value of the
new house must be at least $150,000.
• The new house must comply with the City's zoning ordinance. (A two car garage is
required and the house must be designed in a way to minimize privacy concerns of
adjacent neighbors.)
• The house must be constructed within one year of the Council's public hearing.
• Depending on financial needs, the City may provide up to $15,000 in redevelopment
assistance, provided all conditions of the City's policy are met. The City will not make
payment until the new house is completed.