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HomeMy WebLinkAboutCC PACKET 06132000 Meeting Sheet I IIIIII VIII VIII VIII VIII VIII IIII IIII ioossa Box: 17 Folder: CC PACKETS 1999-2001 Document: CC PACKET 06132000 _H.R.A. IMMEDIATELY FOLLOWING _ REGULAR COUNCIL MEETING. . CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA June 13, 2000 7:00 PM Council Chambers PAGE(S) I. CALL TO ORDER. II. PLEDGE OF ALLEGIANCE. III. ROLL CALL. IV. APPROVAL OF JUNE 13, 2000 CITY COUNCIL REGULAR MEETING AGENDA. V. PROCLAMATIONS AND RECOGNITIONS ................................................... 1 A. Proclamation Award for Father Francis Kittock of St. Charles Borromeo ......................................................... 1 VI. COMMUNITY FORUM. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. VII. CONSENT AGENDA. ........................................................................ 2 - 21 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. VIII. PUBLIC HEARINGS .......................................................................... 22 - 24 A. Ordinance 2000-007, re: Amendment to the Ordinance relating to rezoning (waive 1" & 2nd readings & adopt) ........... 22 - 24 City Council Regular Meeting Agenda June 13, 2000 Page 2 PAGE(S) IX. GENERAL POLICY BUSINESS OF THE COUNCIL ................................. 25 - 74 A. Discuss moratorium on Salvation Army property .......... 25 - 28 *B. Resolution 00-048, re: Award sale of General Obligation State Aid Street bonds .............................. 29 - 32 (p. 1 - 24) *C. Resolution 00-049, re: Award sale of General Obligation Storm Sewer revenue bonds ...................... 33 - 35 (p. 1 - 24) D. Resolution 00-050, re: Decertification of existing - Tax Increment Financing District and call for hearing on Tax Increment Finance District for Apache Property .................................................................. 36 - 37 E. Resolution 00-051 , re: Livable Communities Demonstration Account Grant Plan 38 - 53 F. Ordinance 2000-006, re: Zoning and Planned Unit Developments (2"d reading) ................................. 54 - 66 G. Resolution 00-041 , re: Authorize physical needs assessment for all City facilities ........................ 67 - 77 X. REPORTS FROM COMMISSIONS AND STAFF. A. City Manager. XI. REPORTS FROM COUNCILMEMBERS. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. MISCELLANEOUS INFORMATIONAL DOCUMENTS ATTACHED. *See "Official Statement" attached. V. PROCLAMATIONS. • Proclamation award for Father Francis Kittock of St. Charles Borromeo. 1 'n te hon illa CY PROCLAMATION WHEREAS, For the past 27 years, it has been the great fortune for St. Charles Borromeo to have as its Pastor, the Reverend Francis Kittock; and WHEREAS, For those 27 years, Father Kittock has consistently shown great leadership qualities by his keen awareness and understanding of the importance of the political sphere and has encouraged members of the parish to be involved and take leadership roles in community governance; and WHEREAS, With a belief in the importance of joining many different religious denominations in prayer and service to the community in a shared vision for St. Anthony, Father Kittock has not only taught his parishioners that good Christianity makes good citizenship but has practiced this belief himself,• and WHEREAS, It is readily seen that Father Kittock has consistently had the good of the community at heart. NOW, THEREFORE, I, Dennis Cavanaugh, Mayor of the City of St. Anthony, and on behalf of the St. Anthony City Council, hereby conveys to Pastor Francis Kittock sincere and heartfelt appreciation for his 27 years of exemplary actions for not only the religious community but the civic community as well, and by this Proclamation wishes him health, peace, and contentment upon his forthcoming retirement. Mayor Dennis M. Cavanaugh Date VII. CONSENT AGENDA. • City Council Meeting Minutes - May 23, 2000 • Licenses/Permits • Claims 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 MAY 23, 2000 4 7:30 p.m. 5 I. CALL TO ORDER. 6 Mayor Cavanaugh called the meeting to order at 7:32 p.m. 7 II. PLEDGE OF ALLEGIANCE. 8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance. 9 III. ROLL CALL. 10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 11 Hodson 12 Councilmembers absent: None 13 Also present: City Manager Michael Momson; City Attorney William Soth. 14 IV. APPROVAL OF MAY 23,2000 CITY COUNCIL REGULAR MEETING AGENDA. 15 Motion by Hodson to approve the May 23, 2000 City Council Regular Meeting Agenda as pre- 16 sented. 17 Motion carried unanimously. 08 V. PROCLAMATIONS AND RECOGNITIONS. 19 None. 20 VI. COMMUNITY FORUM. 21 Cavanaugh invited members of the audience to address the City Council on issues that are not 22 specifically listed on the agenda. Hearing no response, Cavanaugh moved forward with the cur- 23 rent agenda. 24 VII. CONSENT AGENDA. 25 Cavanaugh requested that pages 13-20 of the Consent Agenda be removed for further discussion. 26 Motion by Horst to approve the balance of the Consent Agenda, which consisted of: 27 1. Approval of Regular Council Meeting Minutes of May 9, 2000; 28 2. Licenses and Permits; 29 3. Claims; 30 4. Approval of LMCIT Insurance Renewal; 31 5. Resolution 00-039 (Dissolution of MPRS); 32 6. Resolution 00-040 (Second Amendment to Ramsey County HRA Joint Agreement); 33 7. Resolution 00-044 (Final Audit Transfers); and 0 8. Three pages of Verified Claims. 35 Motion carried unanimously. City Council Regular Meeting Minutes May 23, 2000 Page 2 1 Cavanaugh clarified that the items removed dealt with insurance and the potential rewording of 2 Resolution 00-034. 3 In that respect, Mayor Cavanaugh invited Mr. Carl Bennetsen of Youngdahl Companies to ad- o dress the Council. Mr. Bennetsen reviewed Resolution 00-034 and the appropriate changes in 5 language. 6 Motion by Thuesen to approve Resolution 00-034, a Resolution Regarding Waiver on Tort 7 Liability Limits for LMCIT Insurance Program, with the following changes: 8 Paragraph 2: 9 WHEREAS, the City has elected to purchase [delete "umbrella"]liability coverage in 10 the amount of$1,000,000, which is [delete "in excess of']the statutory limits on tort 11 liability as set forth in MN Statutes 466.04. 12 Last Paragraph: 013 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of St. 14 Anthony hereby approves the waiving of the monetary limits on tort liability established 15 by MN Statutes 466.04,to the extent of the limits of[delete "the excess"]liability 4 16 coverage obtained from LMCIT for the policy period from June 1, 2000 to May 21, 2002. 17 Motion carried unanimously. 18 Cavanaugh inquired about the increased cost of the insurance coverage,.and directed City Man- 19 ager Michael Morrison to prepare a memo, which would explain the types and causes of injuries 20 that have occurred and resulted in workmens compensation claims. Additionally, Cavanaugh 21 confirmed with Morrison that the City utilizes an organized Safety Committee. 22. Morrison directed the Council's attention to pages.16-20 of the agenda packages wherein the 23 League of Minnesota Cities Insurance Renewal was discussed. Morrison reminded the Council 24 that a motion needed to be made in order to renew coverage. 25 After a brief question and answer discussion between the Council and Mr. Bennetsen, it was de- 26 cided to renew the coverage. 27 Motion by Horst to approve the insurance renewal for the Year 2000-2001. 8 29 Motion carried unanimously. City Council.Regular Meeting Minutes May 23, 2000 Page 3 1 VIII. PUBLIC HEARINGS. 2 None. 3 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. 4 A. Todd Hubmer, WSB, Inc., will be present for the following items: ems: 5 1. Resolution 00-029 re: Award Construction Bid for 29th Avenue NE Street 6 Improvements. 7 Cavanaugh invited Todd Hubmer, WSB & Associates, to address the Council. 8 Mr. Hubmer mentioned that a letter had been previously sent to the local homeowners 9 announcing that the City Council would be discussing bids for the 29th Avenue street to reconstruction project. 11 Mr. Hubmer stated that he was present at the Council meeting to discuss awarding a bid 12 for the project, and continued by stating that bids were received on April 5, 2000, and had 13 been held pending the outcome of the legislative session. 4 Consequently, the lowest bidder was Barbarossa and Sons, Inc., with a bid of 115 $2,049,838.66. 16 Sparks mentioned that in the letter sent to the homeowners, there was mention of a 17 special assessment towards the homeowners. She requested clarification from Mr. 18 Hubmer of that assessment. 19 Mr. Hubmer responded that the special assessment would be a one-time $400.00 assess- 20 ment charge that would be billed in increments. 21 Motion by Hodson to approve Resolution 00-029, wherein it is resolved by the City 22 Council of the City of St. Anthony: 23 1. That the Mayor and City Manager are hereby a authorized and directed to 24 enter into a contract with Barbarossa and Sons, Inc. in the amount of 25 $2,049,838.66 in the name of the City of St. Anthony,Minnesota for the 26 improvement outlined in the above referenced project according to the plans and 27 specifications,therefore, approved by the City Council and on file in the office of 28 the City Clerk. 29 2. The Engineer, WSB & Associates, Inc. is hereby authorized and directed o to return forthwith to all bidders the deposits made with their bids, except that the 1 deposits of the successful bidder and the next two lowest bidders shall be retained 32 until a contract has been signed. City Council Regular Meeting Minutes May 23, 2000 Page 4 1 Motion carried unanimously. 2 2. Resolution 00-047 re: Approve Change Order Relating to Sidewalk. Lighting, and 3 Landscape Improvements for 29th Avenue NE. 4 Mr. Hubmer reviewed for the Council that the change order came about because of the 5 decision to add sidewalks to the street reconstruction project. 6 Horst inquired about the type of decorative lighting to be used. Mr. Hubmer responded 7 that the specifics of the lighting would be discussed at a later point in the project. How- 8 ever, he did anticipate state aid.funding would cover a type of lighting called"shoebox" 9 lighting. These are medium-priced, and a reasonable level of lighting, but that the City 10 would be responsible for any costs incurred over the original cost of a"shoebox"type of 11 lighting. 12 Hodson inquired how the shoebox lighting would compare with what is currently being 13 utilized on Silver Lake Road by New Brighton. Mr. Hubmer responded that he believed 14 it was the same type of shoebox lighting he was referring to earlier. 5 Morrison reminded the Council that the figures being discussed now with regard to this 16 project only covered sidewalks and landscaping. The lighting issue would be covered un- 17 der a separate contract negotiated with NSP. 18 Horst confirmed that Mr. Hubmer would be talking with the residents on Thursday, May 19 25, 2000 regarding the width of the sidewalks, boulevard, and related issues. Mr. 20 Hubmer said the sidewalk would be a topic of discussion for Thursday, but that much of 21 that had already been discussed at previous meetings. 22 Additionally, Mr. Hubmer stated that the general consensus of the residents had 23 facilitated a new layout of the plan and he proceeded to present and display that plan for 24 the Council. In short,the boulevard would be consistent from Stinson to Roosevelt,but 25 then at Roosevelt,the sidewalk would attach back to the curb because there are a number 26 of homes close to the street along that stretch. Furthermore, Mr. Hubmer stated that he 27 would be receiving additional details and would go over those with the residents at the 28 meeting on May 25 because one resident is particularly concerned with the proximity of 29 the sidewalk. 30 Mr. Hubmer stated that a four-foot sidewalk had been considered until it was determined 31 that the City crews would inadvertently tear up the turf on each side of the sidewalk when 32 plowing and maintaining the sidewalks. A five-foot sidewalk was decided upon for those 3 reasons and to allow for passing of residents. 34 Motion by Hodson to approve Resolution 00-047, wherein the City Council of the City of City Council Regular Meeting Minutes May 23, 2000 Page 5 1 St. Anthony approves Change Order No. 1 to the Contract Document relating to im- 2 provements to 29th Avenue NE. 3 Motion carried unanimously. 4 3. Resolution 00-046 re: Adopt Amendment to Policy on Decorative Lighting on 5 MSA Designated Streets. 6 Mr. Hubmer referred the Council's attention to his May 17, 2000 letter wherein a recom- 7 mendation was made to modify the City's existing street lighting policy and procedures 8 to include No. 6 (see below)under the City Policy section on page 1 of the Policies and 9 Procedures.' 10 Motion by Horst to approve Resolution 00-046, wherein the City Council of the City of 11 St. Anthony amends the Street Lighting Policy and Procedures to include the following 12 City policy as Policy No. 6: 13 446. The City will require that upon complete reconstruction of municipal state aid streets where pedestrian walkways are provided, decorative lighting shall be re- t5 quired as part of these improvements. Decorative lighting shall confirm with the 16 recommendations of the City Council after review of the lighting plan by the City 17 Planning Commission and City Parks Commission. Installation of decorative 18 lighting will not be assessed to residents along municipal state aid streets." 19 Motion carried unanimously. 20 Sparks inquired about the date to begin construction on the 29th Avenue Street project. Mr. 21 Hubmer responded possibly next week and that is one of the reasons for the residents' meeting 22 on Thursday, May 25, 2000. 23 Sparks mentioned that the size of the pipes for Harding Street have not yet been determined and 24 the City is limiting the pipe size option by approving the above Resolution. Thuesen offered that 25 this issue had been researched extensively and how it related to the stormwater issue. Cavanaugh 26 agreed that there has not been any information provided that would prove that the Harding proj- 27 ect would not work as planned and felt that the Council needed to proceed and view how the 28 project unfolded. 29 Thuesen reminded the Council that the City has worked closely with an engineering firm and had 30 numerous meetings and discussions about the proper and best way to proceed. 1 Cavanaugh expressed his understanding regarding Spark's concerns, and stated that the schedule 32 would be closely watched and her questions answered. City Council Regular Meeting Minutes May 23, 2000 Page 6 1 4. Resolution 00-045 re: Accept Feasibili1y Study and Authorize Plans and 2 Specifications for the Harding Lift Station Project. 3 Mr. Hubmer directed the Council's attention to the Feasibility Report as presented by 4 WSB & Associates. 5 By way of background, Mr. Hubmer stated that in 1999, a study of the sanitary sewer 6 system_was completed to evaluate the existing system and identify possible modifications 7 to improve the operation and reduce the frequency of wastewater backups. The study 8 noted that the limited capacity of the Harding Street lift station was a contributing factor 9 to the backup problem in the vicinity of 37th Avenue and Harding Street. However, 10 simply increasing the pump capacity would aggravate the downstream problems so a I 1 more detailed study of the Harding Street/37th situation was authorized. 12 Consequently, there are residents in the drainage area that do have sanitary sewer backup 13 problems with the existing station because it cannot pump the water quickly enough. In 14 addition, in the Southern portion of the City, there are sanitary sewer backup problems as 15 well. 016 One possible option is the rerouting of the Harding Lift Station into the City of 17 Minneapolis. This would be beneficial to both cities as St. Anthony currently diverts into 18 Minneapolis south of 33rd Avenue. Minneapolis has had difficulties with that system 19 and is anxious to have St. Anthony move the diversion into another area. It is a win-win 20 situation because the City can increase capacity of the lift station and alleviate some 21 problems for Minneapolis as well. 22 Mr. Hubmer continued by providing some options for the Council to consider: 23 1. Lift Station Option 1. The existing lift station would be abandoned and a new 24 structure would be constructed at the same location. The controls would be located in a 25 metal control cabinet that is mounted on the ground surface near the wet well. The antici- 26 gated cost would be approximately$100,000. 27 2. Lift Station Option 2. All of the equipment in the existing dry well would be 28 removed as well as the upper portion of the steel dry well. The lower shell of the existing 29 dry well would remain in place. In short,the existing structure would be rehabilitated. 30 The anticipated cost would be approximately $70,000. 31 3. Forcemain Option 1. The forcemain would run under 37th Avenue NE to the 2 north right-of way, then west along the right-of-way toward Stinson Boulevard. Just east 3 of the intersection with Stinson, the line would be directed diagonally under 37th toward 34 the existing manhole in the intersection. The total project cost associated with this option City Council Regular Meeting Minutes May 23, 2000 Page 7 1 is anticipated to be about $167,000. This includes a 10%contingency factor and a 25% 2 legal, engineering, and administrative costs. 3 4. Forcemain Option 2. This option is similar to Option 1 above except that the 4 forcemain would turn south at Roosevelt Avenue to avoid the difficult Stinson Boulevard 5 intersection. All of the pipe would be installed using directional boring techniques to 6 minimize surface disruption. The total project cost would be approximately $146,000. 7 8 5. Forcemain Option 3. This option would direct the forcemain south on Harding 9 Street to 36th Avenue and west on 36th to Edwards Street. The total project cost would 10 be approximately $141,000. 11 Mr. Hubmer stated that the recommendation of WSB & Associates would be Option 2 to 12 upgrade the existing lift station, and Option 3 for the forcemain. 13 Motion by Hodson to approve Resolution 00-045, wherein the City Council of the City of 14 St. Anthony: 5 1. Accepts the Feasibility Report for the Harding Street Lift Station and Forcemain 16 Improvement Project; 17 2. Directs WSB &Associates, Inc. to prepare final plans and specifications to com- 18 plete the recommended improvements as outlined in the Feasibility Report, which 19 recommended improvements are Option 2 to upgrade the existing lift station, and 20 Option 3 for the forcemain. 21 Motion carried unanimously. 22 B. Resolution 00-042 re: Call for Sale of General Obligation State Aid Street Bonds. 23 Mayor Cavanaugh introduced.Mr. Jerry Shannon,Vice President of Springsted, and invited him 24 to address the Council. Mr. Shannon stated that the Council would be considering $1,610,000 of 25 General Obligation Storm Sewer Revenue Bonds, Series 2000A, and $950,000 of General 26 Obligation State-Aid Street bonds, Series 2000B. 27 Mr. Shannon reviewed the details of both bonding issues and requested that Tuesday, June 13, 28 2000 would be the date that the Council would set to take bids on both issues. Bids would be 29 taken at 12:00 noon at the Springsted office. Between now and then, Springsted would finalize 30 the prospectus(which details the issue and provides information about the financial and socio- �31 economic position of the City as well as the ability to meet debt payments on the bonds). Addi- 32. tionally, Springsted would also make a rating application to Moody's Investment Service. City Council Regular Meeting Minutes May 23, 2000 Page 8 1 Hodson noted that there should be a date adjustment on both pages 44 and 45 of the agenda 2 packets, in Section 3.. Instead of the date reading "May 23, 2000", the date should read"June 13, 3 2000". Mr. Shannon agreed to ensure that change is made. 4 Cavanaugh pointed out that Resolution 00-043 does not state the amount of the bond and 5 requested that the amount of$1,610,000 be added to the Resolution. Mr. Shannon agreed to en- 6 sure that addition is made. 7 Motion by Horst to approve Resolution 00-042, a Resolution Calling for the Sale of General 8 Obligation State-Aid Street Bonds, Series 2000B.,with the following modification: 9 1. The date of May 23, 2000 will be replaced with June 13, 2000 in Section 3. 10 Motion carried unanimously. t 1 C. Resolution 00-043 re: Call for Sale of General Obligation Storm Sewer Revenue Bonds. 12 Motion by Horst to approve Resolution 00-043, a Resolution Calling for the Sale of General �3 Obligation Storm Sewer Revenue Bonds, Series 2000A, with the following modifications: 14 1. The amount of$1,610,000 will be added to Section 1 of the Resolution; and 15 2. The date of May 23, 2000 will be replaced with June 13, 2000 in Section 3. 16 17 D. Ordinance 2000-002 re: Obtaining Criminal History Data on Prospective Ci1y Employ 18 (2nd Reading). 19 Cavanaugh suggested that the Council suspend the third reading and move forward with the 20 adoption of the Ordinance. 21 Motion by Hodson to waive the third reading of Ordinance 2000-002, and to approve Ordinance 22 2000-002, an Ordinance Relating to Obtaining Criminal History Data, Amending Section 300.04 23 of the 1993 St. Anthony Code of Ordinances. 24 Motion carried unanimously. 25 X. REPORTS FROM COMMISSIONS AND STAFF. 26 A. Planning Commission Meeting -May 16, 2000. #27 1. Ordinance 2000-006 re: Amendment to the Ordinance relating? to Planned Unit 28 Development 1 st reading). 1® City Council Regular Meeting Minutes May 23, 2000 Page 9 1 Mayor Cavanaugh introduced Randy Stille, Planning Commissioner, and invited him to . 2 address the Council. Mr. Stille stated that the.Planning Commission has been working 3 diligently regarding the best route for Apache Plaza. In that respect, John Shardlow, with 4 the firm of DSU, was retained by the City to assist in the plans and redevelopment of 5 Apache Plaza. Ordinance No. 2000-002 has been drafted with the input of the Planning 6 Commission, City Attorney William Soth, and DSU. 7 Mr. Stille invited John Shardlow to address the Council. Mr. Shardlow provided a brief 8 overview of the PUD for the community and audience. The PUD ordinance which is 9 being proposed would replace the existing PUD section in the City Code. The existing 10 requirements limits the amount of commercial to 20%. 11 Furthermore, the new commercial mixed-use designation would be a separate floating 12 district that could be applied for anywhere in the community. Mr. Shardlow continued by 13 stating that PUDs need to be consistent with the Comprehensive Plan. Consequently,the 14 change that has been recommended will go to the Metropolitan Council to create the new 15 commercial mixed-use district. Within that area,there are currently a number of different 16 land uses. In that respect, Mr. Shardlow presented a sketch depicting the different areas 7 of land uses. 18 Mr. Shardlow continued his presentation by giving a brief overview of the differences 19 between a PUD and regular zoning. In essence, Mr. Shardlow stated that the PUD allows 20 for flexibility from setbacks and other restrictions provided the City has reviewed a plan. 21 Some believe that a PUD gives developers Carte Blanche,but that is not true. The City 22 would have the option to vary from the plan, such as saving trees, etc. 23 Hodson acknowledged that considerable amount of time that has been spent by City 24 Manager Michael Mornson, Assistant City Manager Spencer Isom,the Planning 25 Commission, and City Attorney Bill Soth in researching the PUD issue. 26 Sparks inquired about the incorporation of performance standards into the PUD. Mr. 27 Shardlow responded that there are always underlying performance standards, but the City 28 can custom-design a zoning district, and incorporate all the exhibits when relying on 29 making an approval. For example, any exhibits submitted by the applicant that are 30 relevant to the City's ultimate decision, can be incorporated into the plan and recorded. 31 Cavanaugh inquired if water quality would be part of the PUD discussion with Hillcrest. 32 Mr. Shardlow stated it would be and that Hillcrest has dealt with water quality issues 33 before, or at least Hillcrest's counsel has dealt with those issues. 04 Cavanaugh thanked Randy Stille and John Shardlow for their attendance and 35 presentation. City Council Regular Meeting Minutes May 23, 2000 Page 10 1 Motion by Thuesen to approve the first reading of Ordinance 2000-006, an Ordinance 2 Relating to Zoning and Planned Unit Developments; Amending Section 1655 of the St. 3 Anthony Code of Ordinances in its Entirety. 4 Motion carried unanimously. 5 B. City Manager. 6 City Manager Michael Mornson discussed various dates and times for a Council worksession. It 7 was agreed that a worksession would be scheduled for July 25, 2000 from 3:00 - 6:00 p.m. 8 Mornson further reported that the City is finishing the first year of the Community Services 9 Officer Program. The grant for the program was about to expire, but the City recently received 10 word that a grant would be provided for the second year. 11 Mornson stated that a 1/2-day worksession would be held next week with a facilitator and 12 Executive City Staff to put the final touches on the goal setting report. This report will contain 13 the goals, objectives, and action steps. The report would be passively presented to the Council 14 and would be a working document. . 015 Additionally, the next City Council meeting would be held on June 13, 2000. As a reminder, 16 there will be a joint meeting with the Parks Commission on June 12, 2000. 17 Mornson reminded the Council that the League of City Conferences would be held on June 14, 18 15 and 16 and he encouraged the Councilmembers to attend all or part of the days. 19 Lastly, Mornson stated that he has enrolled in a City Manager's course and as part of the course, 20 the Department Heads and City Council will be asked to complete a personal development form 21 for Mornson. He asked the Councilmembers to look for the form in the near future. 22 X1. REPORTS FROM COUNCILMEMBERS. 23 Horst did not have a report. 24 Hodson stated that some residents concerned with the water quality issue on Silver Lake had 25 contacted him. The residents would like the Council to consider a 15-20 year plan and a longer- 26 term approach to providing correction to the water quality problem. 27 Mornson offered that a response would be sent to the homeowners around the Silver Lake area 28 alerting them to the fact that the City is considering options regarding the issue. 9 Thuesen reported that he attended a Communities Advisory Council meeting. Additionally, 0 Thuesen reported that a new member has recently been designated to the Parks Commission,but 31 currently stands as a non-voting position. It has been suggested that the Council consider 12 City Council Regular Meeting Minutes May 23, 2000 Page 11 1 making that particular position a voting position and Thuesen would like the opportunity to 2 discuss this in further,detail at another regular Council meeting or worksession. 3 Cavanaugh suggested that Thuesen speak with City Manager Michael Morrison about putting 4 that issue on the agenda for a Council meeting. 5 Sparks reported that she attended a meeting on the Community Prevention Coalition for Safe and 6 Affordable Housing. This organization is putting together a calendar of events for youth over the 7 summer. 8 Sparks mentioned that she had provided a memo to City Manager Michael Momson and copied 9 the Council regarding consideration of a communication task.force to draft a plan. Sparks had as 10 a reference a copy of a plan that was drafted a few years ago. She will provide the Council with 11 a copy of the plan and discuss the same in the future. 12 Cavanaugh encouraged Sparks to do the research in this issue and provide that information to the 13 Council. He believed it would be beneficial to review this matter and provide some structure. 4 Cavanaugh reported that the worksession held on May 15, 2000 during the day was a productive 15 worksession. Additionally, Cavanaugh encouraged the Councilmembers to attend the League 16 Conference coming up in June. 17 Cavanaugh reported that he had attended the Communities Prevention Coalition meeting on Safe 18 and Affordable Housing and was impressed to see how many youth were participating in the 19 planning. Additionally, he was impressed with the participation of the youth in the upcoming 20 VillageFest celebration. 21 Cavanaugh announced that the open house to be held on May 30, 2000 is the first of many steps 22 in having town meetings and open houses. He noted that Shoreview had an open house recently 23 and the City was pleasantly surprised at the community response. 24 Furthermore, Cavanaugh reported that the Kiwanis organization held a bike ride to raise funds 25 for the food shelter. The event was successful and Cavanaugh was impressed at the outreach the 26 Kiwanis has for the community. He announced that the Kiwanis had sold subsidized bike 27 helmets for $5.00 and the helmets were of high quality. Additionally, this was the first event that 28 the City's new bike patrol had attended and Cavanaugh stated that he received positive feedback 29 about having law enforcement on bikes. 30 Cavanaugh reviewed for the audience and community that the Council had just held a joint meet- 3 1 ing with the School Board that evening (May 23,2000), and the main focus of the discussions 2 centered around the Central Park rehabilitation. 13 City Council Regular Meeting Minutes May 23, 2000 Page 12 1 Cavanaugh announced that there would be a VillageFest volunteer meeting on Thursday, May 2 25, 2000 at 6:30 p.m. He encouraged anyone interested in participating to attend the meeting. It 3 will be in one of the childcare rooms at community services. 4 Cavanaugh will be attending the League Legislative review on Thursday, May 25 and this is 5 another event that provides for additional information. 6 XII. INFORMATION AND ANNOUNCEMENTS. 7 City Manager Michael Morrison directed the Council's attention to the end of the agenda packets 8 where there was a bulk of information and documents that he encouraged the Councilmembers to 9 review. 10 XIII. ADJOURNMENT. 11 Motion by Thuesen to adjourn the meeting at 9:10 p.m. 12 Motion carried unanimously. 13 Respectfully submitted, 014 Sue Selseth 15 TimeSaver Off Site Secretarial, Inc. 16 17 Mayor 18 ATTEST: 19 City Clerk 14 Saint Anthony Village DATE: June 13, 2000 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval: General Contractors License: The Wirth Companies/Minneapolis, MN Heating Contractor License: Residential Heating & Air Inc./ Minneapolis, MN Multiple Dwelling License: Highcrest Manor/3605-15 37' Avenue NE/Wesley Robertson Macalaster Manor/3800 & 3808 Macalaster Drive/Highland Court, LLC Caravelle Apartments/3713 Foss Road/ Sheldon Mortenson Autumwoods/2568 Kenzie Terrace/Lang-Nelson Associates Diamond 8 Terrace Apartments/Kleinman Realty Co Lakehill Apartments/Kleinman Realty Co 15 Saint Anthony Village DATE: June 13, 2000 Approved: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval: Temporary 3.2 Beer Park Permit: Honeywell Picnic/ Central Park/ June 23, 2000 Stark Family Picnic/Central Park/August 26, 2000 ��� �&�� RC FINANCIAL SYSTEM ST. ANTHum, vIL.L+ - 6-/O1/2000--16�--------------------Check- Register --' ------ GL540R�V06.27 PAGE BANK VENDOR CHECK# DATE AMOUNT - - LIQR LIQUOR CHECKING ACCOUNT ` ` _ 004380 PUBLIC EMPLOYEE RETIREME 16448 05/31/00 11909. 18 � 002850 MEDICA CHOICE 16449 05/31/00 3, 152.71 �-------OOO7-1{}-----PRUDENTIAL-' LIFE-'INSURANC -- ---16450-105/31/00 --'--'- - 42.95 � 008289 NCPERS LIFE INSURANCE 16451 05/31/00 36.00 -� 003160 FIRSTAR ST ANTHONY BANK 16452 05/31/00 10,000.00 .-------0031-60----FIRSTAR-ST--ANTHONY-BANK'-- - ----16453 O5/31/OO 15,000.00 008308 PERRY, LAWRENCE E. 16454 05/31/00 150.00 '- 009649 JAM BAND/THE 16455 05/31/00 370.00 -'--------0(}31-6O-----P��RSTAR-ST-ANTHONY-BANK------- ---,16456-1)5/31/OO 57-550.00 003160 FIRSTAR ST ANTHONY BANK 16457 05/31/00 11 ,975. 17 -� 000670 CITY COUNTY CREDIT UNION 16458 05/31/00 485.00 ��----'--008055-----AETNA-L-IFE-&-CASUALT\^------'----�6459-05f31/00- -- --- 143.52 004208 I C M A RETIREMENT TRUS 16460 05/31/00 280.00 004380 PUBLIC EMPLOYEE RETIREME 16462 05/31/00 1 ,898.46 ­ -------'804233- ----LMCIT---%-BERKLEY-RISK- SE -'---- - - 16463-{)5f31-/OO-'- � 004318 NAT FINANCIAL INS CO 16464 05/31/00 9 .50 003160 FIRSTAR ST ANTHONY BANK 16465 05/31/00 81000.00 ------(}OS�68 -FIRSTAR-ST-ANTHONY-BANK - -- -- 1-6466 -05/31/00- - - 15�000.00 OO8308 PERRY, LAWRENCE E. 16467 05/31/00 150.00 008522 TERRAPLANE BLUES BAND 16468 05/31/00 350 .00 � ___---008650- --SCOOTER-TRASH - -----^-'- - -- - - 16469 05/31/00 350.00 003160 FIRSTAR ST ANTHONY BANK 16470 05/31/00 8,000.00 003160 FIRSTAR ST ANTHONY BANK 16471 05/31/00 15,000.00 '---'--008388 --'PERRY,' LAWRENCE E. - - - - --' 16472 -05/31/00 ' 75.00 OO8649 JAM BAND/THE 16473 05/31/00 370.00 003160 FIRSTAR ST ANTHONY BANK 16474 05/31/00 11 ,432 . 12 ------OOO678'---CITY-'C8UNTY'CREDIT- UNION -- - 16475-05/31/00 -- 485j00 0 0 0 0 55 AETNA LIFE & CASUALTY 16476 05/31/00 143.52 004208 I C M A RETIREMENT TRUS 16477 05/31/00 280.00 .'_-----80831-3---'MN-CHILD-SUPP8RT-PYMlF-GE'--'---- -16478 85�31/OO----'----536.30 - 004380 PUBLIC EMPLOYEE RETIREME 16479 05/31/00 1 ,834.55 002850 MEDICA CHOICE 16480 05/31/D0 3, 152.71 ��-----+�Q8289----N{�PERS-LIFE-�NSURANCE--- -- --'--16481'-85f31f�O----------36.-OO-' 000710 PRUDENTIAL LIFE INSURANC 16482 05/31/00 42.95 � ` 003160 FIRSTAR ST ANTHONY BANK 16483 05/31/00 8,000.00 -------08S�68-----f��RSTAR-ST-ANTHONY-8ANK-'--- ---'16484-85/S'1f8O------�.���DDO�0O 008308 PERRY, LAWRENCE E. 16485 05/31/00 150.00 ±� OO8651 FLAP JACK 16486 05/31/00 350.00 ��8N/S-PL�AYHOUSE-'-------------�6487-85/S�/8(}'------'---35O�OO --. 008308 PERRY, LAWRENCE E. 16488 05/31/00 75.00 004085 CITY OF ST ANTHONY 16489 05/31/00 44,500.00 '/. .--------Q8B3-1-3----MN-6H-Il=--D-SUP PBRT- PYMl-CE--------�64618-O5/S�r/O8----------5S6�3C�-- ^ -' � LIQUOR CHECKING ACCOUNT 185,765.27 + � �. � 17 IRC FINANCIAL SYSTEM ST. ANTHONY VILLA( G Register L540R-V06.27 PAGE BANK VENDOR -CHECK# DATE - - AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING �;� 3. T W[F2E=LESS _ SERV CCE 11927 06/ 14/00 95.75 i 008621 ALLIANCE MECHANICAL 11928 06/14/00 11108.00 007338 AMERICAN EXPRESS 119_29 06/ 14/00 _--- 373.60_ 01 AMEF2ICAN STORES 11930 06/14/00 24.63 008450 ANIMAL_ CONTROL_ SERVICES, 11931 06/ 14/00 396 .68 007201 APACHE GROUP 11932_06/14/00 _ 404.6 00866U ASPEN ENVIRC]NMENTAL_ 11933 06/IA./00 74 .38 1 007117 B & B SEAT COVER 11934 06/14/00 174.08 008661 B & K AUTO TRIM, INC . 11935 06/14/00 _ _ 2 .25 - j- n--0 -B CA% TRAINIhIG A 11936 06/14/00 300.OQ 008153 BOB 'S PERSONAL COFFEE SE 11937 06/ 14/00 45.98 007147 BRAD RAGAN INC 11938 06/14/00 _ 1_86.0 f: . �'2 BR�]AD4TAY F2E=NTAL 11939 06/14/00 102.96 008662 BROADWAY. RENTAL. 11940 06/14/00 102.96 007157 BROCK WHITE COMPANY, LLC 1194106/14/00 31.95 i �,,._1 EiF�t+J,��IC. ---- ------------ 11942 06%114/00-----------6,500.00- -- -- -- 000535 BUREAU OF CRIMINAL_ APPRE 11943 06/1.4/00 200.00 008067 CALC TYPE OFFICE EQUIP C 11944 06/14/00 51 .25 C�H2O� CARDIhfAI_/FCEVIN 11945 06/14/00 1 17 .00 007386 CASTLE INSPECTION SERVIC 11946 06/14/00 5, 422. 12 - 004065 CENTRAL' LOCK .& SAFE CO 11947 06/14/00 60.65 0�ff - CFTEiF1PPS AMEF?ICANA ------------- -11948 06/14/00 ------ -- 377.97 --- 008663 CHENOWETH FLORAL_ & GREEN 11949 06/1.4/00 119.21 007372 CITY OF MOUNDS VIEW 11950 06/14/00 26.25 0859--- -COMMERrIAL POD(_--ANI� SPA - -- 11951 06/14/00 623.95 008550 COMMERS 11952 06/14/00 47.92 7. 00721.8 COMPRESS AIR. & EQUIPMENT 11953 06/14/00 100.00 O1-07--__--COMPTON 'S CC]MMERCIAL CL�I -- 11954 000815 COTRONEO/DOMINIC 11955 06/ 14/00 71 .39 -007382 CROWN FENCE & W-I-RE COMPA 1,1956 - 06/14/00, ... .34..51.-- -ODB4-3-1---DAKOTA COUNTY--TECH.-COLL._.. .___...._._...._.11957 Ob�iti/OCl---- ---- 180.(10 008180 DANKO EMERGENCY EQUIPMEN 11958 06/14/00 661 .67 000800 DAVIES WATER EQUIP CO. 11959 06/14/00 X050,q8 DF-CCNDUSTRIES--INIC--- 31960 C)b714/00 e OC) 008284 ELECTION -SYSTEMS & SOFTW 1.1961 06/14/00 309.35 .: .00003 FALL.ON/GINA M. 11962 06/14/00 63.63 005251 FIRE--INSTRUCT ASSOC-OF-M 11963_a6 Ti 4.7 bC} ^- - 008647 FRATTALLONE''S HARDWARE 11964 06/14/00 225.48 `- 001025 G & K SERVICES 11965 06/14/00 110. 17 007335 G C R 11967 06/14/00 32.29 ,._.: 008120 GENERAL OFFICE PRODUCTS 11968 06/14/00 55.00 Goij-r45 - GLENWOOD-TL�fGLEWOOD ----- - 11919 66714/00- 31 . 16 001250 GRAINGER INC/W W 11970 06/14/00 66.56 008567 GREENER PASTURES 11971 06/ 14/00 247.44_ - 85-jO----GREERMAN-fECHNOLOG-IES-OF- 1 72�1�7i�r 00 167.05 „i 001420 HAWKINS WATER TREATMENT 11973 06/14/00 536.00 005017 HENNEPIN COUNTY TREASURE 11974 06/14/00 3,093.00 ;yt - BRC FINANCIAL SYSTEM ST ANTHONY VILL, BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 009252 HOME DEPOT-GECF 11976 06/14/00 888.4,4 001545 HOOVER WHEEL ALIGNMENT 11977 06/14/00 29.95 uoui559-i 11978 06/14/00 300.00 .00004 IBM CORPORATION 11979 06/14/00 471 .36 008658 INSTRUMENTAL RESEARCH, 1 11980 06/14/00 63.00 008515 LIGHTNING DISPOSAL INC . 11982 06/14/00 1 ,566.27 004233 LMCIT % BERKLEY RISK SE 11983 06/14/00 16,664.75 008655 LYNN & ASSOCIATES 11985 06/14/00 545.00 .00005 LYNN CARD COMPANY 11986 06/14/00 1987 06/14/00 17 .72 008263 MCLEOD USA, INC . I 1988 06/14/00 275.00 004271 MEDIA ONE 11989 06/3.4/00 3.50 007835 METROCALL 11991 06/1.4/00 22.67 002240 METROPOLITAN COUNCIL 11992 06/14/00 30,324.00 002280 MIDWEST ASPHALT CORP 11994 06/14/00 007131 MINNESOTA DEPT OF HEALTH 11995 06/14/00 2,987 .00 008657 MINOR/SHERA 11997 06/14/00 63 . 29 008456 MN DEPARTMENT OF HEALTH 11998 06/14/00 90.00 12000 06/14/00 156.00 008198 MORNSON/MICHAEL TER 008137 MURPHY 'S SERVICE CEN 12001 06/14/00 26 . 63 007159 NAPA AUTO PARTS 12003 06/14/00 3.71 008282 NETLINK INTERNATIONAL 12004 06/14/00 735.00 002680 NORTHERN STATES POWER 12006 06/14/00 2,315.20 OOe350 NORTHERN TOOL & EGUIPMEN 12007 06/14/00 0 .86 008529 PACE ANALYTICAL SERVICES 12009 06/1.4/00 15.00 421 .00007 PETERSON/DANNY -STEPHANI 12010 '06/14/00 43.80 008271 PLETSCHER 'S GREENHOUSE 1 12012 06/14/00 239.33 004372 PLUNKETT 'S 12013 06/14/00 491 .71 1-171 .00006 POTTS/JEFFREY 12015 06/14/00 75.00 007057 PRAXAIR 12016 06/14/00 18.21 002380 RELIANT ENERGY MINNEGASC 12018 06/14/00 4,052.93 003065 ROAD RESCUE INC 12019 06/14/00 22.90 005270 ROSEVILLE RADIO 12021 06/14/00 76.68 Ell OOe4E32 SIGN A RAMA, USA 1.2022 06/14/00 357.24 ��' ��� BRC FINANCIAL SYSTEM ST ANTHONY VILL BANK VENDOR CHECK# DATE AMOUNT ' -� FIRS FIRSTAR ST. ANTHONY CHECKING -- 008483 SK8 12024 06/14/00 313.25 -� OO5285 SROGA 'S 12025 06/14/00 123.54 � _ I-X-P.EC'REATION-CO. 12O��6 Qbyl�/Uu �+u.�z 003260 T A SCHIFSKY & SONS 12027 06/ 14/00 299.21 008656 TACTICS LAW ENFORCEMENT 12028 06/14/00 181 .05 ------OD7337----TIME SAVE R-OFF--SITE�-SECRE 29-\}G7- �7Ol�--------'354�-88 - 003560 TRACY PRINTING 12030 06/14/00 836.30 008355 TWIN CITY AREA LABOR 12031 06/14/00 75.00 ---lJ-S-'WEST'-INF[ERACT-�ERVIC------'---IE!D3 -----'--'----85�]}D -- -� 008010 UNIFORMS UNLIMITED 12033 06/14/00 3,039. 16 OO8336 UNITED ELECTRIC COMPANY 12034 06/14/00 38. 18 `^. '_ �}----UyJITEI7-STATES--POSTA[-SER -------12O3 {7-------- �0O-0� - 002700 US WEST COMMUNICATIONS 12036 06/14/00 242.59 -| -- 00371O VAN O LITE INC 12037 06/14/00 142.82 � 27—VERIZON-WIRE[ESS-,-BE=EV-----'-f203EF-G67-f4/-OU—'--'-6-1-4-.90-'- 005299 WARNING LITES OF MN 12039 06/14/00 81 .41 OO4494 WASTE MANAGEMENT - BLAIN 3.2040 06/14/00 260.77 ^^ 00-8273---WSB--&--ASSOC-IATES---INC---' 008493 YOUNGDAHL COMPANIES 12042 06/14/00 327.00 008492 ZARNOTH BRUSH WORKS, INC 12043 06/14/00 647.52 -------'----------------------------- ------ ------'--------------- FIRSTAR ST. ANTHONY CHECKING 134,672.69 .� -- -' _ ' -- ~ '�! ____ _- -----___----------------------' ',. �� -----'-_�---_ -� � 2® C FINANCIAL_ SYSTEM ST. ANTHONY VILLAG' /06/2000 f5e Check: Register GL540R-VO6.27 PAGE HANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT — 0-OS216----p T c� T-I,JIF2FLE55 SERVICE- - - ibfl95 O6/1ti-/00 41 .2.3 008311 ALL SAINTS BRANDS DISTRI 16896 06/14400 45.90 004225 ALLIANT FOODSERVICE 16897 06/14/00 950.90 16898 C)b/T4/00 954. 10 004293 BELLBOY CORP. 16899 06/1.4/00 1 ,555.95 008435 BROADCAST MUSIC INC . 16900 06/14/00 780.00 ------Oz�OE30-----CHIS-A'GO'-LAKES--DIST-e-.-CO o , - - -- -_16901_06/14%00 4..,682.85 004.087 CITY PAGES 16902 06/14/00 234.00 008557 DAILEY DATA & ASSOCIATES 16903 06/14/00 2,718 . 75 ----00A--f2'0-----EAGLE_WINIE-C0----- ------ --- ---f-69'04___0'6/-1 A7'00 903.27 004125 EAST SIDE_ BEVERAGE CO 16905 06/ 14/00 62, 114.85 004130 ECOLAB 16906 06/14/00 149.05 0074-E35- ELECTRO--WATCHMAIT--INC----.--------- -..-- - 16907-06/-1yr/00-- - '159. 75 004141 FRITZ COMPANY, INC . 16908 06/14/00 7,637.54 004156 GENERAL PARTS & SUPPLY C 16909 06/14/00 655. 10 004175 GRIGGS COOPER & CO INC 16911 06/14/00 5, 117 . 35 004454 GTE COMMUNITY DIRE:CTORIE 16912 06/14/00 79.20 ------------0081-7-------HINNENKAMP/WA`fNF_- _._-._-... .._ ________"1_691"3 067-1-4/00 -- 63. 54 004207 HOHE:NSTEIN 'S, INC 16914 06/14/00 7,288.20 008252 HOME DEPDT-GECF ' 16915 06/14/00 29 . 33 --- D ISON-BROS LC 13 dr� 3 a 58 0( 4220 J 004218 JOHNSON PAPER & SUPPLY C 16917 06/i.4-/00 613.35 004230 KUETHER DISTRIBUTING CO 16918 06/14/00 46,249.32 .__-_---0020-40­----LILLIE SUBURHAN -NFWSPAPE 16919--06/14/00 ­ 200.00 004233 LMCIT % BERKLEY RISK SE 1.6920 06/14/00 1 ,300.25 008254 LMCIT % BERKLEY ADMINIST 16921 06/14/00 3,339.25 -------0042-65 ---.-MARK -VII' -SALES -II\IC - - -- 1'6922 .06/14/00 28',-589.75 004266 MARKET MECHANICAL_ 16923 06/14/00 217.50 - - 004272. . - METZ BAKING- CO _. 16924 0.6/14/00 1.75.51 . ------004299- MPLS -OXYGEN--CO:------ - - ----- -—16925_...06%7. +700..._..._... - ._.. _. ....-9:60 004334 NORTHEASTER 16926 06/14/00 492.30 002680 NORTHERN STATES POWER 16927 06/14/00 1 ,002 .77 0CT4-3-45 -OLD--DUTCH-.FOODS--INC..._. --, - ---------16928---06774-%00---_. . 008631 PARTS PLUS ROSEVILLE 16929. 06/.1.4/00 7.82 004354 PAUSTIS & SONS 16930 06/14/00 850.27 004355---PEPSI-COLA---COMPANY - -- - -..--16931 06%1: +tOC) ------ ------438 0 56-- - 004360 PHILLIPS WINE & SPIRITS 16932 06/14/00 4,876.46 004376 PRIOR WINE CO 16933 06/14/00 1 ,247 .74 008597 R.D. HANSON ASSOC . , INC . 16935 06/14/00 96.00 002380 RELIANT ENERGY MINNE:GASC 16936 06/14/00 329.68 — at74 9`,.3---- RON- 6—ICE------ -----------------------1-6937--06/-1-4000---------1--7-239:13 004420 SIGNAL SYSTEMS INC 16938 06/14/00 43. 18 008526 SUNRISE PARK INS AGENCY, 16939 06/14/00 207305.31 ©5004---SUPERIOR-P ROD UC'TS-------- ----16940-0)677-4(00 - —..--.-658.-05 004466 SYSCO-MINNESOTA 16941 06/14/00 1 ,486 . 45 004468 TOTAL REGISTER SYSTEMS 16942 06/14/00 54.85 21 FINANCIAL SYSTEM ST. ANTHONY VILLAGE 20 0--i5: Check: Re�ister (7L540R-VO6.27 PAGE c RANI; VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT — a -o- UNITEb STATES P05TAL SER 16943 06/14/00 100.00 008219 US WEST DEX 16944 06/14/00 640.30 004490 VAL-PAK OF MINNESOTA 16945 06/1.4/00 1 ,500.00 U64l94- WASTE lANAGEI`IENT - EiLF1IN 16946 C16%14/00 327.43 008310 WINE_ MERCHANTS INC 16947 06/14/00 191 .66 008493 YOUNGDAHL COMPANIES 16948 06/14/00 123.00 LIQUOR CHECKING ACCOUNT 234,423.36xx qw VIII. PUBLIC HEARINGS. • Ordinance 2000-007, re: Amend rezoning ordinance. 22 MEMORANDUM DATE: June 2, 2000 Meeting Date: June 13, 2000 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: STAFF REPORT ON ORDINANCE AMENDMENT RELATING TO REZONING The attached amendment to the zoning ordinance would provide the City with the ability to require a developer/property owner, who is requesting a rezoning of three acres or more of property, to rezone to a Planned Unit Development. The benefit of this change to the ordinance would provide the City with both more flexibility and more control. The'Planning Commission reviewed and recommended approval-of the'amendment at their - - May 16 meeting. RECOMMENDATION I recommend Council to waive the first two readings and approve Ordinance 2000-007. 23 DORSEY & WHITNEY LLP MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS SEATTLE MINNEAPOLIS, MINNESOTA 55402-1498 MISSOULA DENVER TELEPHONE: (612) 340-2600 BRUSSELS WASHINGTON,D.C. FAX: (612) 340-2868 FARGO. DES MOINES - HONG KONG ANCHORAGE WILLIAM R.SOTH ROCHESTER (612)340-2969 LONDON FAX(612)340-2644 SALT LAKE CITY COSTA MESA soth.william@dorsrylaw.COM VANCOUVER May 9, 2000 Michael J. Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 . Re: Ordinance relating to rezoning Dear Mike: Enclosed is the proposed ordinance to permit the City to require a PUD in the case of a petition for the rezoning of a property under Section 1665.03. Please let me know whether you have any questions or comments on this or would like to make any changes. Very y ours, William R. Soth WRS/ms Enclosure cc: Spencer Isom(w/encl.) 24 CITY OF ST. ANTHONY ORDINANCE 2000-007 AN ORDINANCE RELATING.TO REZONING; PERMITTING THE CITY TO DESIGNATE PROPERTY BEING REZONED AS A PLANNED UNIT DEVELOPMENT; AMENDING SECTION 1665.03 OF THE CITY CODE OF ORDINANCES TO ADD A NEW SUBD. 5 The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1665.03 of the City Code of Ordinances is hereby amended to add a new Subd. 5 to read as follows: Subd. 5 Planned Unit Development. In a proceeding for the rezoning of a property under this Section 1665.03, if the property is 3 acres or more in area and if the proceeding is pursuant to a petition by the owner of the property.to be rezoned, the City Council may require that the property be designated as a Planned Unit Development under Section 1655, in which case the City Council may also require the property owner to submit an application for a Planned Unit Development approval in accordance with Section 1655. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: June 13, 2000 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin IX. GENERAL POLICY BUSINESS OF THE COUNCIL. • Moratorium on Salvation Army. • Resolution awarding sale of GO Storm Sewer Revenue bonds. Resolution awarding sale of GO State Aid Street bonds. • Resolution decertifying existing TIF District and calling for hearing on TIF District for Apache property. • Resolution relating to a grant from Livable Communities. • • Ordinance relating to zoning and planned unit developments. • Resolution authorizing physical needs assessment for all City properties. • 25 MEMORANDUM DATE: May 3, 2000 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: MORATORIUM ON THE SALVATION ARMY PROPERTY On May 11, 1999 the City Council adopted a moratorium on the Salvation Army property. The moratorium was for a 12 month period to May 11, 2000. The City Attorney has presented the Mayor and Council a letter dated April 19, 2000 which outlines the options,for the Council. The options are to extend the moratorium up to a period of eighteen months to conduct further studies of possible impacts on development. The second option is to let the moratorium expire, which means the existing'zoning and comprehensive plan remain in effect (Recreation and Open Space District). It is my understanding that Heart of the Earth Native American School no longer has a purchase agreement on the property. The City has been in contact with Hennepin and Ramsey Counties Parks about a possible purchase as well as the Trust for Public Land to facilitate the possible public purchase of the property. It is my understanding that discussion between the Trust for Public Land and the Salvation Army has taken place. If the City Council is interested in extending the moratorium, I would recommend it be extended for 12 more months to conduct further studies. A possible work plan for the extension of the moratorium could be as follows: Task Number Task Time Frame 1 Hire a Planning Consultant to assist City with June 13 creation and implementation of Work Plan (assumes no RFP and a negotiated agreement with John Shardlow of DSLI) 26 • 2 Appoint oint a Task Force to work with Planning June 27 Consultant on studies to be completed and create Work Plan to determine possible outcomes of moratorium. Task Force Possibilities: One or two Councilmembers; one or two Planning Commissioners; one Park Commissioner; one School Board member; one member of the Silver Lake Homeowners Association; one business member; one member of the Salvation Army; representatives from Columbia Heights and New Brighton; City staff support from City Manager or Assistant City Manager (depending on schedule of each). 3 and up The Task Force would also possible retain an July 1 to May, 2001 engineering consultant to review impacts on utilities; a market research consultant; and a financial consultant. Final Task Could be the amendment of the Comprehensive May, 2001 Plan and rezoning the property for a different use or leaving the property as is. I estimate the cost to the City for this approach would be between$50,000 and $60,000. We have approximately $15,000 invested in the past moratorium, which consisted of having Springsted doing some financial work; a facilitator was hired to conduct a stakeholders meeting; legal fees; and appraisal fees. If the City elected the moratorium to expire, the City still retains land use control over the property based on current zoning and the.Comprehensive Plan. Any change would require a 4/5th vote of the -Council. The City also adopted a Park Dedication.Ordinance in 1999 which requires a 10% land dedication requirement for any residential development. If the City would like to exercise more control over possible redevelopment of the property than they currently have without extending the moratorium, I would recommend a provision in our newly created PUD Ordinance that any rezoning of three acres or more require a PUD designation at the Council's discretion.. The benefit of this approach would give the City more control over the possible change of the property without costing the City the money as would the extension of the moratorium. If the Council is interested in this approach, I would recommend the moratorium be extended until May 23, 2000 to allow us time to adopt the PUD Ordinance. The moratorium does not prohibit the property from being sold to anyone or used as is currently allowed in the Open/Recreation District. The City conducted the following events and studies over'the past 12 months. See attached. . April 25, 2000 Chronological Summary of the Possible Sale of the Salvation Army Camp Property Date Action 3/16/99 Salvation Army sends letter to City and others inquiring of any interest in the property 3/17/99 City and School send letter to Salvation Army of interest in possible purchase of Camp 3/25/99 Salvation Army Committee formed (City & School Board members) 4/7/99 City and School send RFP's for appraisal of Camp property 4/7/99 City sends letter to Hennepin County Parks for possible use of property 4/8/99 City and School notified by Salvation Army of agreement with real estate firm to be representatives in sale of property 4/10/99. City seeks RFP's for a debt analysis study for the City 4/26/99 Committee of "Stakeholders" (organization leaders) meets to brainstorm possibilities for the Salvation Army Camp property 5/5%99 City Manager discusses possible sale issues with Salvation Army, i.e., appraisal of property; possible purchase by the Heart of the Earth School; and financial issues 5/11/99 Springsted, Inc. begins a debt analysis study for the City 5/11/99 City approves one year moratorium on changes in use, construction of any building, etc. for Salvation Army Camp property 5/25/99 Springsted, Inc. is authorized to perform a tax impact study on the City and School District relating to possible purchase of property 5/28/99 Salvation Army updates interested parties on possible purchase . 6/15/99 Planning Commission discusses what they would like for the Salvation Army Camp property 6/99 City researches legal status of.purchase of property by Heart of the Earth for an American Indian School 10/15/99 Salvation Army sends letters to residents regarding decision to sell the Camp site 28 informational meeting. 11/30/99 Ramsey County holds g on Heart of the Earth at St. Anthony City Hall .12/99 HUD funding is sought by Heart of the Earth 2/23/00 City Attorney submits opinion on City's extension of moratorium on Salvation Army Camp 3/8/00 Salvation Army notifies parties interested in purchasing property that site is again for sale 3/14/00 Mayor and City Manager meet with Salvation Army officials to discuss moratorium and other issues 4/24/00 Mayor and City Manager meet with Hennepin Parks and the Trust for Public Land to discuss possible public purchase 5/9/00 Moratorium discussed with Council 29 DORSEY & WHITNEY LLP • MINNEAPOLIS PI BURY CENTER LLS C R SOUT H BILLINGS NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS SEATTLE MINNEAPOLIS, MINNESOTA 55402-1498 MISSOULA DENVER TELEPHONE: (612) 340-2600 BRUSSELS WASHINGTON,D.C. FAX: (612) 340-2868 FARGO DES MOINES JEROME P.GILLIGAN HONG KONG ANCHORAGE (612)340-2962 ROCHESTER FAX(612)340-2644 LONDON giWgan.jerome @dorseylaw.Com SALT LAKE CITY COSTA MESA VANCOUVER June 7, 2000 Mr. Michael Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: $1,610,000 General Obligation Storm Sewer Revenue Bonds, Series 2000A • $950,000 General Obligation State-Aid Street Bonds, Series 2000B City of St. Anthony, Minnesota Dear Mike: Enclosed are forms of resolutions of the City Council authorizing the issuance, awarding the sale and setting forth the terms and conditions for each series of Bonds referred to above, for consideration by the_City Council at its meeting on June.13th. The_resolution contains_various blanks. which will be completed once the sale details are known. Should you have any questions, please call me. Yours truly, )er me P. Gillig JPG:cmn Enclosure cc: Emily Stolp 30 CERTIFICATION OF MINUTES RELATING TO $1,610,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2000A Issuer: City of St. Anthony, Minnesota Governing body: City Council Kind,date, time and place of meeting: A regular meeting held on June 13, 2000, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages): 1 through 24 • RESOLUTION NO. 00- 0 4 8 RESOLUTION RELATING TO $1,610,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2000A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND 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 the corporation in my legal custody, from which they have been transcribed; that the documents are a. correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the 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 given as required by law. WITNESS my hand officially as such recording officer this day of 2000. • Connie Kroeplin, City Clerk 31 • It was reported that proposals had been received prior-to 12:00 Noon, Central Time today for the purchase of the $1,610,000 General Obligation Storm Sewer Revenue Bonds, Series 2000A of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bid for Interest Net Interest Name of Bidder Principal Rates Cost [See attached] • 32 • Councilmember then introduced the following resolution and moved its adoption: RESOLUTION NO. 00-. n 4 R RESOLUTION RELATING TO $1,610,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2000A; AWARDING THE SALE,FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council(the "Council') of the City of St. Anthony, Minnesota(the "City"), as follows: Section 1. Recitals. Authorization and Sale of Bonds. 1.01. Authorization. The City owns and operates a municipal storm sewer utility (the "Utility"). This Council has heretofore ordered construction of improvements to the Utility. This Council has heretofore determined to issue and sell $1,610,000 principal amount of General Obligation Storm Sewer Revenue Bonds, Series 2000A, of the City(the"Bonds") to defray the expense incurred • and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $19,320 representing interest as provided in Minnesota Statutes, Section 475.56. 1.02. Sale of Bonds. The City has retained Springsted Incorporated, an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph (9), without meeting the .requirements for-public sale under Minnesota Statutes, Section 475.60, Subdivision 1...Pursuant to the Terms and Conditions of Sale for the Bonds, (_)proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal.have been determined. The most favorable proposal received is that of of , and associates (the"Purchaser"), to purchase the Bonds at a price of$ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. -Performance of Requirements. The City is authorized by Minnesota Statutes, • Section 444.075, to issue and sell the Bonds to pay the costs of the Improvements, and to pledge to the payment of the Bonds net revenues to be derived from charges for the service, use and availability • of the Utility. The City presently has no outstanding obligations which constitute a lien on the net. revenues of the Utility. 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 this 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- • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY GENERAL OBLIGATION STORM SEWER REVENUE BOND, SERIES 2000A Date of Interest Rate Maturity Original Issue CUSIP % February 1, July 1, 2000 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 named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing February 1, 2001, 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 at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Firstar Bank,N.A., Milwaukee, Wisconsin, as Bond Registrar, Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (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$1,610,000 (the "Bonds") all of like date and tenor except as to serial number, interest rate, redemption privilege and • -3- • maturity date, issued pursuant to a resolution adopted by the City Council on June 13, 2000 (the "Resolution"), for the purpose of financing the costs of improvements to the storm sewer utility of the City 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 444.075 and Chapter 475. Fouthe 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 hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of$5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 2002 through 2009 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2010 through 2015 are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by lot, on February 1, 2009 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. [INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS) 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 the 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 the 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. 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 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. -4 • 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 this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that in and by the Resolution, the City has pledged to the payment of the principal of and interest on the Bonds net . revenues of the storm sewer utility of the City; that in and by the Resolution, the City has covenanted and agreed with the owner of the Bonds that it will impose and collect charges for the service, use and availability of its storm sewer utility at the time and in the amounts required to produce net revenues adequate to pay all principal of and interest on the Bonds and on all other bonds payable from net revenues of the storm sewer utility as such principal and interest respectively become due; that if needed to pay the principal and interest on this Bond, ad valorem taxes will be levied upon all taxable property in the City without limitation 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 the manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile 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 • -5- • CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. FIRSTAR BANK,N.A., Milwaukee,Wisconsin, 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 applicable laws or regulations: TEN COM——as tenants UNIF TRANS MIN ACT. . . . . . . Custodian. . . . . . . . in common (Cust) (Minor) TEN ENT——as tenants under Uniform Transfers to Minors by the entireties Act. . . . . . . . . . . . : . . . . . . . . . (State) JT TEN—— as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ® 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(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement 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. Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities Interest Rates, Denominations, Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Storm Sewer Revenue Bonds, Series 2000A." The Bonds shall be dated as of July 1, 2000, shall be issuable in the denominations of$5,000 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 date of issue until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2002 $ 85,000 % 2009 $115,000 % 2003 85,000 2010 120,000 2004 90,000 2011 125,000 2005 95,000 2012 135,000 2006 100,000 2013 140,000 2007 105,000 2014 150,000 2008 110,000 2015 155,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2001 , to the owners thereof as such appear of. • record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 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) Re ig_ster. The Registrar shall keep at its principal 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 to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar . -8- • 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, interest rate 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 cancelled 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 valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (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 satisfy 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.. (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, interest rate, 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 receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by 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 cancelled 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. A,inointment of Initial Re isg_trar. The City hereby appoints Firstar Bank, N.A. in St. Paul,Minnesota,as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with Firstar Bank,N.A., 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 2000 Storm Sewer Utility Bond Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption.-(a) Bonds maturing in the years 2002 through 2009 are payable • on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2010 and later years are each subject to redemption, at the option of the City and in whole or in part,and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2009 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. (b) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by-lot at a redemption-price equal to the.principal_amount of the Bonds to be so redeemed_.. .. .. - plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity -10- In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (c) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity • In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (d) At least thirty days prior to the date set for redemption of any Bond, the City 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. -11- • 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 without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any.officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all.purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, 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 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 Manager 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 Depository. (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 to DTC previously executed by the City and on file with DTC. -12- • (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 thereof to 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 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 (d) 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 (d) 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 (d) hereof. (d) 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 • -13- ® certificates are issued to owners other than Cede& Co., its successor as nominee for DTC as 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. Security Provisions. 4.01.. 2000 Storm Sewer Utility Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "2000 Storm Sewer Utility Construction Fund" (the "Construction Fund"), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund$1,590,680 of the proceeds of the sale of the Bonds. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund,created in Section 4.02 hereof, of amounts sufficient for the payment of interest, due upon the Bonds prior to the-completion of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements to the Utility, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. • 4.02. 2000 Storm Sewer Utility Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain on its books and records a separate and special bookkeeping fund designated"2000 Storm Sewer Utility Bond Fund" (the"Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Bonds and any additional obligations of the City payable therefrom pursuant to Section 4.03 hereof. If the balance in the Bond Fund is ever insufficient to pay all principal and interest then due on bonds payable therefrom, the City Finance Director shall nevertheless provide sufficient money from any other.funds of the City which are available for that purpose, and such other funds shall be reimbursed from subsequent receipts of net revenues of the Utility appropriated to the Bond Fund and, if necessary, from the proceeds of the taxes levied for the Bond Fund. The City hereby appropriates to the Bond Fund the accrued interest on the Bonds and any amount in excess of $1,590,680 received from the Purchaser upon delivery of the Bonds and any amounts transferred to the Bond Fund pursuant to Section 4.01 hereof. The City Finance Director shall deposit in the Bond Fund the proceeds of all taxes levied and all other money which may at any time be received for or appropriated to the payment of such bonds and interest, including the net revenues of the Utility herein pledged and appropriated to the Bond Fund, all collections of any ad valorem taxes levied for the payment of the Bonds, and all other moneys received for or appropriated to the payment of the Bonds and interest thereon. • -14- • There are hereby established two accounts in the Bond Fund, designated as the"Debt Service Account" and the"Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Imposition of Charges; Additional Bonds. The City hereby covenants and agrees with the holders from time to time of the Bonds that so long as any of the Bonds are outstanding, the City will impose and collect reasonable charges for the service, use and availability of-the Utility to the City and its inhabitants according to schedules calculated to produce net revenues which, will be sufficient to pay all principal and interest when due on the Bonds and all other obligations payable from the net revenues of the Utility. Net revenues of the Utility, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of the Bonds and interest thereon; provided that nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the Utility for the payment of additional obligations of the City • hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Utility will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Bonds and paid therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made, as to the application of net revenues received from time to time. 4.04.. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds and any other obligations payable from the Bond Fund, as such principal and interest comes due. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then.due, this City.shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the available net revenues of the Utility on hand and estimated to be received or before the end of the following calendar year is not sufficient with any ad valorem taxes heretofore levied in accordance with the provisions of this resolution, to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.04,.a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the • -15- • corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in an amount at least 5% in excess of amount needed to make good the deficiency. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 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 authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and 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. County Auditor Registration, Certification of Proceedings, Investment of Money, Arbitrage, Official Statement and Fees. • 6.01. County Auditor 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 the County Auditor shall require, and to obtain from said County Auditors a certificate that the Bonds have been entered on his bond 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 LLP,Bond Counsel to the City, 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 Regulations promulgated thereunder(the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and -16- • 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 Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or"private loan bonds" pursuant to Section 141 of the Code.. 6.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (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 calendar year 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)(C) 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. Arbitrage Certification. The Mayor and the 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 certification in accordance with the provisions of Section 148 of the Code, and 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 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 the Code and Regulations. 6.06. Interest Disallowance. The City hereby designates 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 2000 it does not reasonably expect to issue tax—exempt obligations which are not private activity bonds (not treating -17- 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. 6.07. Official Statement. The Official Statement relating to the Bonds, dated 2000, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby approved. Springsted Incorporated is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Certificates 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 65 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. Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the"SEC") under the Securities • Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure-(as in effect and interpreted from time to time, the"Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails.to comply with any provisions.of this Section 7, any person,aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner"or"Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar -18- evidence of such beneficial ownership in form and substance reasonably satisfactory_to the Registrar. As used herein, "Beneficial Owner"means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except(i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof; and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000 the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form.such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards s-promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's • -19- • financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: • City Property Values • City Indebtedness • City Tax Capacity Rates • City Tax Levies and Collections • Current General Fund Budget Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; • -20- ® (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a"Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to-the public. Notwithstanding the foregoing sentence, a"Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: • -21- • (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs-(2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1)or(2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this • Section 7 will not cause participating-underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by-an opinion-of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii)this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change.in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. • -22- If the Disclosure Information is so amended, the City agrees to provide,contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Mayor Attest: City Clerk • -23- • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , 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 signed by the Mayor which signature was attested by the City Clerk. • • -24- 33 • CERTIFICATION OF MINUTES RELATING TO $950,000 GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 2000B Issuer: City of St. Anthony,Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on June 13, 2000, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages): 1 through 24 RESOLUTION NO. 00-Q49 • RESOLUTION RELATING TO $950,000 GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 200013; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND 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 the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the 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 given as required by law. WITNESS my hand officially as such recording officer this day of , 2000. • Connie Kroeplin, City Clerk 34 ® It was reported that proposals had been received prior-to 12:00 Noon, Central Time today for the purchase of the $950,000 General Obligation State-Aid Street Bonds, Series 2000B of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bid for Interest Net Interest Name of Bidder Principal Rates Cost [See attached] • 35 • Councilmember then introduced the following resolution and moved its adoption: RESOLUTION NO. 00- 0 4 9 RESOLUTION RELATING TO $950,000 GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 2000B; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council (the "Council') of the City of St. Anthony, Minnesota(the"City"), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Authorization. This Council has heretofore determined to issue and sell $950,000 principal amount of General Obligation State-Aid Street Bonds, Series 2000B, of the City (the "Bonds") to defray the expense incurred and estimated to be incurred by the City in making improvements to various state-aid roads in the City (the "Improvements"), including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65,-and $11,400 representing interest as provided in Minnesota Statutes, Section 475.56. 1.02. Sale of Bonds. The City has retained Springsted Incorporated, an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for.the Bonds, (__) proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of , and associates (the"Purchaser"), to purchase the Bonds at a price of$ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Performance of Requirements. The City is authorized by Minnesota Statutes, Section 162.18, to issue and sell the Bonds to pay the costs of the Improvements, and to pledge to the • payment of the Bonds money to be allotted to the City from its account in the Municipal State-Aid Street Fund of the State of Minnesota in such amount as shall be sufficient to pay the principal of and • interest on the Bonds when due. The City does not presently have any obligations outstanding payable from money allotted to the City from its account in the Municipal State-Aid Street Fund of the State of Minnesota, and the annual amount of principal and interest due in all subsequent calendar years on the Bonds does not exceed 50 percent of the amount of the last annual allotment received by the City from the Municipal State-Aid Street Fund of the State of Minnesota. 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 this 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- • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY GENERAL OBLIGATION STATE-AID STREET BOND, SERIES 2000B Date of Interest Rate Maturity Original Issue CUSIP % February 1, July 1, 2000 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 named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing February 1,2001, 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 at the principal office of the agent of the Registrar described below,the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Firstar Bank, N.A., Milwaukee, Wisconsin, as Bond Registrar,Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (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$950,000 (the "Bonds") all of like date and tenor except as to serial number, interest rate, redemption privilege and -3- • maturity date, issued pursuant to a resolution adopted by the City Council on June 13, 2000 (the "Resolution"),for the purpose of financing the costs of improvements to state-aid roads in the City 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 162.18 and Chapter 475. 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 hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds ir denominations of$5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 2002 through 2009 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2010 through 2015 are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by lot, on February 1, 2009 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. [INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS] 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 the 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 the 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. 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 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 this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and-due form as so required; that in and by the Resolution, the City has pledged to the payment of the principal of and interest on the Bonds money to be allocated from its account in the Municipal State-Aid Street Fund of the State of Minnesota in such amount as shall be sufficient to pay all principal of and interest on the Bonds as such principal and interest respectively become due; that if needed to pay the principal and interest on this Bond, ad valorem taxes will be levied upon.all taxable property in the City without limitation 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 the manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile 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 • -5- • CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. FIRSTAR BANK,N.A., Milwaukee,Wisconsin, 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 applicable laws or regulations: TEN COM——as tenants UNIF TRANS MIN ACT. . . . . . . Custodian. . . . . . . . in common (Cust) (Minor) • TEN ENT——as tenants under Uniform Transfers to Minors by the entireties Act. . . . . . . . . . . (State) JT TEN—— as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. J • 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(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement 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. Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates,Denominations, Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation State-Aid Street Bonds, Series 2000B." The Bonds shall be dated as of July 1, 2000, shall be issuable in the denominations of$5,000 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 date of • issue until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2002 $ 70,000 % 2009 $70,000 % 2003 70,000 2010 65,000 2004 70,000 2011 65,000 2005 70,000 2012 65,000 2006 70,000 2013 65,000 2007 70,000 2014 65,000 2008 70,000 2015 65,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2001 , to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the.immediately preceding • month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 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) Re ig ster. The Registrar shall keep at its principal 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 to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar • -8- • 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, interest rate 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 cancelled 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 valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (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 tall such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy 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. (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, interest rate, 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 receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by 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 cancelled 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 Re isg tray. The City hereby appoints Firstar Bank,N.A. in St. Paul, Minnesota,as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with Firstar Bank,N.A., 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 2000 State-Aid Street Bond Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. (a) Bonds maturing in the.years 2002 through 2009 are payable • on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2010 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2009 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. (b) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity • -10- • In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (c) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity • In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be.redeemed pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (d) At least thirty days prior to the date set for redemption of any Bond, the City 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. • -11- • 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 without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery: The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, 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 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 Manager 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 Depository. (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 to DTC previously executed by the City and on file with DTC. • -12- • (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 thereof to 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 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 (d) 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 (d) 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 (d) hereof. (d) 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 • -13- • certificates are issued to owners other than Cede&Co., its successor as nominee for_DTC as 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. Security Provisions. 4.01.. 2000 State-Aid Street Construction Fund. There is hereby created a special bookkeeping fund to be designated as the"2000 State-Aid Street Construction Fund" (the "Construction Fund"), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund $938,600 of the proceeds of the sale of the Bonds. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest, due upon the Bonds prior to the completion of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements to state-aid streets in the City, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 2000 State-Aid Street Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain on its books and records a separate and special bookkeeping fund designated "2000 State-Aid Street Bond Fund" (the "Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Bonds. The City hereby appropriates to the Bond Fund the accrued interest on the Bonds and any amount in excess of$938,600 received from the Purchaser upon,delivery of the Bonds, any amounts transferred to the Bond Fund pursuant to Section 4.01 hereof and from its account in the Municipal State-Aid Street Fund of the State of Minnesota, such.amount as shall be._sufficient_to pa y the.principal of and interest on the Bonds when due, on the dates and in the amounts as follows: -14- • Principal Interest payable on Year Amount Februar,I Au ug st 1 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 The Finance Director shall follow the procedure set forth in Minnesota Statutes, Section 162.18, Subdivision 4, for obtaining such funds. If at any time the moneys in the Sinking Fund should be insufficient to pay all principal and interest due on the Bonds, the Finance Director shall nevertheless pay the same from any moneys on hand in the general fund of the City, and the moneys so used shall be restored to the general fund from the moneys next received by the City from the Construction or Maintenance Account in the Municipal State-Aid Street Fund of the State of Minnesota, which are not required for the payment of additional principal and interest. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service.Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance.Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. -15- 4.03. Pledge of Taxing;Powers. For the prompt and full payment of the principal of • and interest on the Bonds as such payments respectively become due,the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, it is estimated that the state-aid street allotments appropriated for the payment of such principal and interest in Section 4.02 hereof will be not less than 5% in excess_of such principal and interest when due,and accordingly no tax is levied at this time. However, if an actual or anticipated deficiency should arise in the receipt of such allotments, the City shall levy an ad valorem tax upon all taxable property in the City in accordance with Minnesota Statutes, Section 475.61, in an amount sufficient to eliminate the actual or anticipated deficiency. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 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 authorized by law to be so deposited, bearing interest payable at such times'and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and 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. County Auditor Registration, Certification of Proceedings, Investment of Monte, Arbitrage, Official Statement and Fees. 6.01. County Auditor 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 the County Auditor shall require, and to obtain from said County Auditors a certificate that the Bonds have been entered on his bond 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 LLP,Bond Counsel to the City, 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 • -16- • 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 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 Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or"private loan bonds" pursuant to Section 141 of the Code. 6.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (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 calendar year 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)(C) 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. Arbitrage Certification. The Mayor and the 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 certification in accordance with the provisions of Section 148 of the Code, and 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 that the • -17- • proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.06. Interest Disallowance. The City hereby designates 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 2000 it does 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. 6.07. Official Statement. The Official Statement relating to the Bonds, dated 2000, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby approved. Springsted Incorporated is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Certificates 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 40 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. • Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934-(17 C.F.R. § 240.1 5c2-12),.relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only"obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which , continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect,consequential and punitive damages shall not be recoverable for any • -18- • default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner" or`Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i)Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof; and (iii)Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof,either directly or indirectly through an agent designated by the City, the following • information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000 the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year.of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, • -19- • and certified as to accuracy and completeness in all material respects by the fiscal officer of the City;and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the typeset forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: • City Property Values • City Indebtedness • City Tax Capacity Rates • City Tax Levies and Collections • Current General Fund Budget Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements.- • Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to • -20- • be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material.Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a"Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, • if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a"Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and -21- • (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection (c),.as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments, Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable.requirements.of,.the.Securities Exchange-Act of.1934,as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and'the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of • -22- • the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Mayor Attest: • City Clerk • -23- • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , 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 signed by the Mayor which signature was attested by the City Clerk. • • -24- 36 • MEMORANDUM DATE: June 8, 2000 Meeting Date: June 13, 2000 TO: Mayor.and Councilmembers FROM: Michael Mornson, City Manager ITEM: STAFF REPORT FOR RESOLUTION 00-050 Resolution 00-050 calls for a public hearing on a new Tax Increment Plan for apache Plaza for July 25, 2000, as well as decertifying parcels from the existing TIF District. This is consistent with the May 16 critical path schedule for the new Apache Tax Increment District. RECOMMENDATION Recommend approval of Resolution 00-050. • 37 • RESOLUTION NO. 00-050 RESOLUTION CALLING FOR A PUBLIC HEARING ON AMENDMENTS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 3,REDEVELOPMENT PROJECT NO. 3 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 - RAMSEY COUNTY OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY AND ON A PROPOSED TAX INCREMENT FINANCING PLAN BE IT RESOLVED,by the City Council of the City of St. Anthony, Minnesota(the "City"), as.follows: 1. It has been proposed that the City and the Housing and Redevelopment Authority of St. Anthony, Minnesota(the "HRA"), approve amendments to the Redevelopment Plan for Redevelopment Project No. 3, Redevelopment Project No. 3 and Tax Increment Financing Plan for Tax Increment Financing District No. 3 - Ramsey County previously approved by the HRA and the City.and that the City and HRA approve a tax increment financing plan of the HRA which will establish a new tax increment financing district. 2. A public hearing on the amendments to the Redevelopment Plan for Redevelopment Project No. 3, the Redevelopment Project No. 3,the Tax Increment Financing Plan for Tax Increment Financing District No. 3 - Ramsey County, and on the approval of the proposed tax increment financing plan is hereby called and shall be held on July 25, 2000 at7:00 o'clock p.m.in the City Council Chambers at the St. Anthony City Administrative Offices, 3301 Silver Lake Road in the City of St. Anthony. The City Clerk shall cause notice of the public hearing to be published in the St. Anthony.Bulletin, the official newspaper of the.City and.a newspaper.of general.circulation_in the City at least once not less than ten (10) days or more than thirty(30) days prior to the date fixed for the public hearing. Adopted this 13th day of June,2000. Attest: City Clerk Mayor Reviewed for Administration: • City Manager MEMORANDUM 38 ET DATE: 6/8/2000 MEETING DATE: 6/13/2000 TO: Mayor and Council THROUGH: City Manager Mornson FROM: Assistant City Manager Isom /. RE: Resolution#00-051, Declaring City Council's Support of the objectives identified in the City of St. Anthony's 2000 Livable Communities Demonstration Account Grant Application The City's planning consultant, John Shardlow of Dahlgren, Shardlow, and Uban (DSU), has met with members of the Planning Commission and staff to prepare the City of St. Anthony Village's application for a Livable Communities Demonstration Account Grant. The grant request$150,000 to be matched dollar-for-dollar by the City. Funds will be used for the planning and predevelopment of the northwestern corner of the City of St. Anthony Village. The Scope of the project consists of the following: Mapping and Research: Market research for housing and retail, analyze watershed conditions, physical design/appearance, transit and other transportation modes, and available financial tools; Community Visioning/Charettes: Establish Steering Committee, conduct issues forums and visual preference surveys, review and evaluate alternatives, develop consensus on preferred plan; Development and Evaluation of Alternatives: Apache Plaza: Office and high-tech industrial, housing and office, or mixed use. Salvation Army Camp Site: minimum amount of housing, maximum amount of housing, potential for commercial uses, or purchased for green space; Implementation: Develop design standards, innovative surface water management strategies, amend local controls-to encourage-a-greater mixture of uses, housing type-choices transportation alternatives, improve urban design, and develop a Capital Improvements Program for streetscaping and public park development. The application has been submitted to meet the June 2 deadline.. Nevertheless, Mr. Shardlow felt that a resolution, albeit after-the-fact, would be looked upon favorably by the Met Council as they review Livable Communities Demonstration Account Grant applications for awards. Mr. Shardlow or his representative will at the Council meeting to answer questions. Staff Recommendation: Motion to approve Resolution #00-051. Cc: City Clerk Kroeplin • Planning Commission 39 CONSULTING PLANNERS LANDSCAPE ARCHITECTS . 300 FIRST AVENUE 1\TORTH SUITE 210 NIINNEAPOLIS. N1N >5401 612.339.3300 June 2, 2000 Joanne Barron Metropolitan Council Mears Park Center 230 E. 5'h Street St. Paul, MN 55101 RE: City of St. Anthony Village Livable Communities Demonstration Account Grant • Dear Ms. Barron: ].am pleased to provide the City of St. Anthony Village's application for a Livable Communities Demonstration Account Grant. St. Anthony Village is a first-ring suburb located northeast of Minneapolis, straddling the border of Hennepin and Ramsey Counties. It is a small city (population 8,000) of 2.35 square miles, surrounded by larger ones. Roseville lies directly to the east,New Brighton to the northeast, and Columbia Heights to the northwest. Incorporated in 1945, most of the city has reached buildout, and similar to so many other first tier suburbs, its opportunities to change and build tax base is limited to-infill and redevelopment.. The City recently completed an update of its Comprehensive Plan, which identified the need and desire to evolve into a true "suburban village." This goal recognizes the existing elements.that support such a vision, including active residential neighborhoods, an independent and contiguous school district, and a strong sense of community spirit. The Plan also recognizes the shortage of; and need to develop, gathering places and destinations for community residents. With the recent construction of a new City Hall and the ongoing restoration of the parks system, the City has started on its way to realize this goal. However, in order to enhance its sense of community, the need still remains for St. Anthony to redevelop into a compact,pedestrian-friendly village. Two recent developments present major opportunities for the City. The first is the pending sale of the Apache Plaza shopping center. This 1960's retail mall, which has suffered a long period of decline, was one of the first indoor malls to be constructed in the country. Recently, the City has come to the realization that 100 percent dedicated retail use may no longer be viable for the • center. Simultaneously, a private redevelopment company has begun negotiations with the current owner(a bank through foreclosure) to purchase the entire property. The developer wants to convert the existing structures to primarily an office high tech facility and anticipates 40 • generating a large number of new jobs. The community wants to work with the developer to explore opportunities for mixed use. Large-scale multi-family complexes are located in close proximity to Apache Plaza. The second recent development is the Salvation Army's proposed sale of a 100 acre, largely undeveloped tract, which has been used as a camp since before the city was incorporated. The property has never been intensively developed and contains only small cabins, and eating and gathering facilities. While a portion of the Salvation Army property likely will be retained as permanent open space, several options for its reuse, including housing, need to be carefully considered. The hypereutrophic Silver Lake is located within this property, presenting an opportunity to incorporate innovative surface water management systems that will allow development while protecting the lake from further degradation. The conditions that lend to the very poor condition of Silver Lake demand a watershed-wide approach. The City is seeking assistance from the Metropolitan Council in part to allow it to complete this level of analysis and to explore the water management strategies that would greatly improve the quality of Silver Lake. The combination of these opportunities is a rare one for a first-ring suburb such as St. Anthony Village. Because vacant land is so precious in a fully developed city, the leaders of St. Anthony Village would like to move carefully and encourage the best possible uses for these two sites and, at the same time, bear out the Comprehensive Plan's vision for a more compact, pedestrian- friendly development pattern. A planning/predevelopment grant from the Livable Communities • Demonstration Account would allow the City to conduct a significant, in-depth study of what is necessary for this area to evolve into one that is more livable and transit-friendly. The City of St. Anthony Village looks forward to establishing a long-term, productive working relationship with the Metropolitan Council. If you have any questions, please do not hesitate to call me or Spencer Isom, Assistant to the City Administrator at the City of St. Anthony Village. Thank you in advance for your consideration of this request. Sincerely, Dahlgren, Shardlow& Uban Jo hardlow, AICP, President 41 City of St.Anthony Village-Livable Communities Demonstration Account Award Application 2000 • Project Description Funding Category. Q Planning/predevelopment(E) Concept. The redevelopment of the northwestern corner.of the City of St. Anthony Village presents an extremely rare combination of challenges. The 250-acre area contains both an outmoded 1960's shopping center, Apache Plaza, and an undeveloped natural oasis in the form of the Salvation Army Fresh Air Camp. The site is bounded by 37th Ave.NE to the south; Silver Lake Rd. to the east, County Rd. E to the north, and Stinson Blvd. to the west.Apache Plaza is located south of Silver Lane and the Salvation Army site is located north of Silver Lake. During its comprehensive planning process, the City began to investigate redeveloping this area as a mixed-use urban village (Figure 6) by allowing for a greater mixture of uses and encouraging transit and pedestrianibicycle transportation through infrastructure improvements and design standards. This project will help the City, if the serious obstacles facing this area can be overcome, to fully realize its potential as,an urban village. Goals • Redevelop a mostly vacant, outdated retail center by allowing creative reuse • Provide more employment opportunities for residents within walking distance of transit and other uses : • Determine housing needs of the city, in.particular, life cycle and affordable housing • Reestablish, if not increase,use of transit, and provide more amenities to encourage walking and biking • Involve the community in determining the best type of redevelopment for the northwest section of the city • Explore innovative and watershed-wide techniques for surface water management to improve Silver Lake's condition ■ . Cooperatively work with adjacent and/or affected units of government ■ Develop a trail system around Silver Lake to provide public open space • 0 Sc p e Mapping and Research: Market research for housing and retail, analyze watershed conditions, physical design/appearance,transit and other transportation modes, and available financial tools Community Visioning/Charettes: Establish Steering Committee, conduct issues forums and visual preference surveys, review and evaluate alternatives, develop consensus on preferred plan Development and Evaluation of Alternatives: Apache Plaza: Office and high-tech industrial, housing and office, or mixed use. Salvation Army Camp Site: minimum amount of housing, maximum amount of housing, potential for commercial uses,or purchased for green space Implementation: Develop design standards, innovative surface water management strategies, amend local controls to encourage a greater mixture of uses, housing type choices, transportation alternatives, improve urban design, and develop a Capital Improvements Program for streetscaping and public park development. Process to Date/Status ■ The City's Comprehensive Plan, under amendment to create a Commercial Mixed-Use category for the Apache Plaza area (Figure 2), supports employment in proximity to housing and the creation of a pedestrian-friendly, transit- oriented urban village. ■ The PUD ordinance has been revised to maximize the flexibility of large-scale redevelopment areas and mixed uses o The City has extended a development moratorium on the Salvation Army property ■ The City and consultants determined a planning process framework(Figure 7).4nd discussed issues of concern Next steps. A Planning Steering Committee will be assembled, consisting of the Planning Commission, a City Council subcommittee, the Ramsey County limnologist, property owners, representatives from the Parks Department, surrounding • neighborhoods, the Chamber of Commerce;Rice Creek Watershed District, adjacent communities, the School Board, the community at large, and non-profit organizations. A consultant will be hired to assist in accomplishing the steps outlined in the project scope section of this application and illustrated in Figure 7. City of St.Anthony Village-Livable Communities Demonstration Account Award Application 2000 4 • Project Components/Threshold Criteria Proposed Densities. According to the City's Comprehensive Plan,the average density for the city as a whole is 3.2 units per acre of single-family, and 16 units per acre of multi-family residential, both of which exceed the LCA benchmarks of 2.3-2.9 units per acre and 13-15 units per acre respectively. A market research analysis will be conducted to'determine what types and densities of housing should be provided in the redevelopment area. The City supports the provision of all types of life-cycle housing for every income level. Mix of Uses. The redevelopment area currently possesses more than four types of land uses within one-quarter mile of each other: residential (single- and multi-family), retail, office, industrial, institutional and open. Much of the land area is underutilized: the Salvation Army Camp site is vacant as is much of Apache Plaza, and linkages, especially pedestrian and transit, need to be provided and strengthened. An high-quality single-family neighborhood of approximately 40 households is situated between the two sites. Multi-family is located across the street, south of Silver Lane (north of . Apache Plaza) and east of Silver Lake Road (east of Apache Plaza), which is the western edge of a 140-acre neighborhood of mixed uses, including industrial, office, retail and institutional, in addition to single family, twin homes and multi-family residential. A predominately single-family residential neighborhood (over three units per acre) of similar size is located south of Apache Plaza. Housing Mix and Integration. The redevelopment area consists of a variety of housing types: high-quality single-family bordering the southern edge of Silver Lake, and multi-family along corridors and adjacent to retail, industrial, and office, serving as a buffer for the modest single-family homes located on smaller urban lots. The City seeks to provide a greater variety of affordable and life-cycle housing and will conduct a detailed market analysis as part of the master planning for this area. • Employment Proximity. The redevelopment area lies within Traffic Analysis Zones (TAZ) 1034 and 1036 which, according to the Metropolitan Council, contain a population of 692 (350 households) and 1,230 jobs. Projected population for 2010 is 700 (365 households) and 1,300 jobs. Out of all the TAZs in St. Anthony Village, TAZ 1036 contains the highest employment numbers. TAZ 1035, which is contiguous to 1036 on the east, contains a population of 1,968 (1,000 households)and 550 jobs. The projected population for 2010 is 2,050 (1,035 households) and 570 jobs. The redevelopment area contains industrial, retail and office/services uses and is located directly east of industrial uses fronting the railroad and a few institutional uses. More jobs will be created with redevelopment of the almost entirely vacant Apache Plaza. Since a developer has approached the City about adaptive reuse of at least a portion of Apache Plaza for office and high-tech, which traditionally provides higher paying jobs than does retail, the City would like to enhance this type of development by planning for supportive uses that will integrate seamlessly with existing uses surrounding Apache Plaza. • 43 City of St.Anthony Village-Livable Communities Demonstration Account Award Application 2000 - - • Project Features Integration of transportation, housing, commercial, employment, other uses; or mix of residential types. If it is determined that residential development should be provided on the Salvation Army Fresh Air Camp property without increasing Silver Lake's hypereutrophic state, the City will pursue residential development of the site in a variety of types and price ranges,,based on recommendations from-the market analysis. Due_ to the lake's sensitivity and. in order to optimize recreational opportunities for the entire city, housing will need to be clustered and consist of higher density units. The Apache Plaza area is surrounded by single- and multi-family residences, retail, institutional, office/services and industrial uses. The Salvation Army Fresh Air Camp, entirely vacant excepting the single-family houses lining the southern boundary of Silver Lake, is a unique opportunity for high-quality infill and open space preservation in a fully developed first ring suburb. Apache Plaza, an outmoded 1960's mall, has stood vacant for many years. A developer has approached the City about redeveloping a portion of Apache Plaza for high-tech office use, spurring the City to proactively plan for complementary uses that will maximize Apache Plaza's redevelopment potential and provide higher paying employment opportunities for its residents. This may be accomplished by creating an urban village that allows a mixture of uses, improves urban design and strengthens both alternative transportation infrastructure and linkages between uses. Although connections need to be established and improved, several transit routes serve the redevelopment area, (Routes 18, 1, 4 and 25, as illustrated in Figure 5), as does a bike route along Stinson Blvd. and sidewalks on one side of Silver Lake Road and 37'h Avenue NE. It is hoped that with redevelopment, employment and housing opportunities will grow to support increased use of transit. The City intends to enhance the area- by providing pedestrian and bicycle infrastructure/linkages and streetscaping amenities to strengthen the area's sense of place. • Linkages within the site and to adjacent sites/neighborhoods. Although four transit routes serve the area, MetroTransit recently rerouted one of its lines and pedestrian and bicycle access is limited throughout the city. St. Anthony Village possesses very few sidewalks. Many of the local streets have been designated as bikeways but it is doubtful that they provide direct and convenient routes linking activity centers and other important destinations. It is the goal of this proposed master plan and of the Comprehensive Plan to improve bicycle and pedestrian modes of travel, transit facilities and access to transit. How the area will serve/improve/provide-access-to-employment; transportation,-housing, services, recreation, - community or public spaces. By providing a trail around Silver Lake and a mixture of uses throughout the redevelopment area, all within walking distance to transit stops, the City will increase employment opportunities, housing choices, and recreational opportunities. It is hoped that with a greater mixture of uses, including housing, MetroTransit will be amenable to including the northern half of the City in the Inner Urban/Suburban transit zone, thus providing a greater variety.of transportation choices for all of its residents. Currently, the northern half of the city lies within Outer Suburban Transit Zone. The Comprehensive Plan makes the case that the entire city should be designated within the Inner Urban/Suburban Zone, where transit is a preferred mode of travel and a realistic alternative to owning a car, given the concentration of apartments in the northern half of the city, densities that are at least as high as in the southern half, and residents who may be more dependent on transit. • City of St.Anthony Village-Livable Communities Demonstration Account Award Application 2000 44 • Funding What will the Demonstration Account award fund? The grant will pay for planning and market research consultants to conduct research and lead community visioning workshops to develop a master plan for the northwest quadrant of St. Anthony Village.The City intends to apply for a Livable Communities grant in 2001, preferably under Category A. Benefits or value of a grant award and what would not be accomplished without the funds. Final products include a master plan for mixed-use redevelopment, recommendations for the City's CIP, and knowledge of life-cycle and affordable housing needs, design standards and innovative affordable housing tools, such as location-efficient mortgages. The City of St. Anthony Village is committed to redeveloping Apache Plaza and the Salvation Army Fresh Air Camp property. A developer has expressed interest in developing a portion of Apache Plaza. With funds from the Metropolitan Council, the City will be able to study the entire redevelopment area. Rather than waiting for other developers to approach the City and impose their vision for redevelopment, the City, with the help of its residents and consultants, can assess the needs of the entire community, taking transit, affordable housing, urban design and environmental concerns into consideration, and determine the best uses that will strengthen neighborhood identity and alternative transportation modes. One of the City's greatest concerns is the environmental degradation of Silver Lake. Analysis.of the watershed and options available for its improvement so far have not been adequately pursued. This grant money would allow the City to determine ways to improve lake quality rather than continue to use band-aid remedies when development proposals are introduced. The City is interested in providing an integrated mix of housing types and prices/rent ranges throughout the community. Community leaders realize the importance of life-cycle housing to retain residents and that affordable housing choices are somewhat limited in St. Anthony Village, as is the case throughout the metropolitan region. Since the City has not been • approached by housing developers, the City would like to determine its needs and aggressively pursue opportunities, if market research determines that housing is a viable option for this redevelopment area. This planning process will require the City to develop several partnerships to arrive at a successful redevelopment scenario. For instance, the City will need to work with a variety of public and private interests within the city, with adjacent communities, the County and the Watershed District. Columbia Heights owns a park adjacent to the Salvation Army site. The environmental sensitivity of Silver Lake will require the City to work closely with the Watershed District and perhaps the County if it is decided that the City should purchase all or a portion of the Salvation Army site for green space. Because the City is desirous of a higher level of transit service in the northern half of the community, the City will need to work-with MetroTransit."St. Anthony's citizenry was-involved in the development of the Comprehensive Plan, which supports redevelopment of Apache Plaza, increased use of transit and other alternative modes of transportation, the development of higher-density urban villages, and a stronger identity for the city. The City will continue to involve the community during the redevelopment planning process. This project has the potential to serve as a replicable model for other communities in several ways, especially aging, first- tier suburbs with transit nodes already in place that are in need of adaptively reusing aging, outmoded commercial buildings. For instance, St. Anthony's zoning ordinance traditionally has prohibited a mixture of uses. The City now desires to amend its local controls to encourage the use of alternative transportation modes and create a more compact, pedestrian-oriented urban village. Other Cities could use these local controls as models for more compact, mixed-use development. The City supports the use of location efficient mortgage programs, which make inner city housing more affordable when transportation cost savings are subtracted from monthly housing payments. This Fannie Mae Program already operating in Chicago, Seattle, and the Bay Area of San Francisco, fits the Metropolitan Council's goal of directing more housing into transportation corridors. A pilot project could easily be instituted in St. Anthony Village, • where transit already exists. In addition, master plan will integrate innovative surface water management, urban design patterns that create a sense of place, a planning and design process that involves various interests of the citizenry as well as other units of government,and determines the best use of a rare, open space amenity. Amount of funding requested.$150,000. To be matched by the City of St. Anthony. City of St.Anthony Village-Livable Communities Demonstration Account Award Application 2000 45 • Attachments Figure 1. Area map of Site Figure 2. Aerial map Figure 3. Revised Comprehensive Plan Figure 4. Pattern of Land Use, 1997 Figure 5. Transit Zones&Routes Figure 6.Village Concept Plan Figure 7. Preliminary Work Program • • City of New Brighton - County Road E �- --- -- 46 Salvation Army Fresh Air Camp Buildings Water ° 4 Parcel Boundaries CU i -•fit�� -<°'}.s�'�?�'s�!#i '��''3'�4, F 'ye., 1 r } �$rlve h e o E ;� g U = u t1 a in� � }fry. d+t �.. y��.R c'�N N °> � P-i'� ; Y ✓�• f ��� F,��' tad :O Mf � I � �CU i i J sI �d Ali M Apache Plaza _�il�d Rif-W_a---��� L • 37th Avenue NE NORTHWEST REDEVELOPMENT PROJECT AREA Cit of St. Anthony Village NORTH Figure 1 47 d iz M AW � y- / + i % %- �ic�,TRZ ,a r! '�• 7 -s� `, �� � .�2'a�f Mtt a "-�' `t', ��'+• ��t ` 6' . C '. ._L.J' 'iSS IRxL* t,� { `�Jt\-, ia`• ` �•Y r� all It •' .1 : ti. `� � '•s%i. �;" Y'71 Ic L' .. 1 " •J - t`'�'.''t$YA{_T. . Y .%COIL? c• .a, �� � I ��l }-�'- .� '�. 9] ►YPy'�1"`�S4ea./iI�t,�l+'"' �R"� i ' " + --"' - A g r, . +-1�uaa ✓ �_t. '� !. 1 ! a R�<r r{' JY �gL��.V _ ��� la;== }:` .st.1 ! t iii• ����-.' ��Y + �� •t � � L� f r .�G y 7 ,y�� � •�/n�F .,e.I Source:MN Department of Natural Resources AERIAL MAP OF NORTHWEST REDEVELOPMENT AREA COwfULTiw�rLw�'ML.�^'• City of St. Anthony Village 11 NORTH Figure 2 uraur.w,+.ewe :u ary L.+oo 48 • < y. n•-r f• G LAND USE PLAN CATEGORY =Single Family M $K Y�.R K��.4 "t• dr ti'lYr l 7'� 5 L '�ty,l f y _ _ =Two Family �f G i r EZJ Multi-Famil J r.} ®Retail Office/Service M Industrial IM Commercial Mixed Use MR Park & Open Space 99 Institutional Open Water i Silver Lake ` }" D Right-of-Way • N Y-�'� �- 1 cc CA s I II - - . W O -- -- - - -- 0- I I III • I-- I l i I I I I i 1=i I REVISED LAND USE PLAN City of St. Anthony Village co-s tLn:c.t Nrt.a Figure 3 LA—SC.a ARCH!- TI NORTH VA rust•vWUk nM-X sulrt uo 49 x•,.� � is ;� �� +c-rNFes.�t l"`�'K� LAND USE CATEGORY •yt'SkCT(��p �� 1Z`T�X'1r'.� � �rttY�•(L✓},��R��-�• .1 n.A t'L �. *�•,• Single Family %d•.�.i�{ILC`�.� � rr =Two Family 0 Multi-Family �r�laE� W. ®Mobile Home Park ®Retail Office/Service Industrial ®Park & Open Space IM Institutional ` s L Water Silver Lake - � I =Vacant - 1 J iI i ikue�L-ane cf) {; may+ ts' t _ w - _ E Cn - - - -J�� F :1 Co.-Rd �, � !--- ' - �� � � __�_ , _�_ - P=', i PATTERN OF LAND USE, 1997 Saint Anthony Village CONSULfl.%C PLA-GAS Figure 4 uMOrtnr•••cerrrcrs NORTH xao nur•••wue nox-u am an • -- _ Co.Rc • ' Transit Routes l Route Number i C BC a 18 US I Silver Lane x . Silver Lane a f a � 4 0° G 18 - � -• . 1 � _ f Q f - 4 , � ❑ � U O ° i I e 1 4 25 0 25 �o a a13 0' 37th Avenue NE(Co.Road D) 37th Avenue NE(Co.Road D) i TRANSIT ZONES & ROUTES - �S#A, iT -ANITI#:9,`mY\V L,Atc, COMPREHENSIVE PLAN t` NORTH Figure 5 • • • ---- -�-= *' Co.Road E �� � .��� . � i Neighborhood ki Q Sb .}'•:l,l�.x SRS ; �3 ` Sai� � x V&;� Landscaped Corridor rd(,I'll' 1.1 ,y L HY�Zd�,yy .F=r`;a a�JS'jsSCK >S`�, psiy>f LY _A ,u OOOi .� . Entrance {{Mil Ca••�1�+�'++..�F'}X�.}P�.< �.. N Silver Lake I Entrance . ' Silver lane t I .� Em..ald P •� Vii''°< Silver Lane Northern Focus I � r co O I _01h o nk 37th Avenue NE(Co.Road D) - 37th Avenue NE(Co.Road D) _ VILLAGE CONCEPT PLAN ylY-NiT,#Qi'tq}Y Vki 1-(7,,;E NORTH COMPREHENSIVE PLAN Figure 6 . 1� • • • Nov em'Wi.0011 1 boil �*Ap' 200V1 Phase One: Phase Two: Phase Three: Phas Four: Research&Analysis Community Visioning Prepare,Evaluate an 7 Alternatives Imple entation 7 Base Mapping .Convorl CAD to AMVM Extend Partial Extend Par M ca oratorium Analyze Existing Conditions/Development Pattern Synthesis&Programming Siciering. Exiu.s Nonni a&V.i..ig highlight Hc.6.1— Prepare Prepare &opponunifics Committee',, Consensus on Implementation,, Draft Final so Existioll con&ficul A—di. Working Working -Workshop'&?, • Oroje'd, �, e Workzhop:-,• Preferred Plan 'I- Document Document Jul ion" tA.&U—&Daund. Lj.",. Conferenc Conference Revf Ud—Dip Qudw. Evaluate T.W.Cuculati..,Accoos Scenarios' -Eaiumg&Poloolul T—it •P.Lumou Cuculfi.. Comprehentiv Plan :,r,,, ftiofiog BUil"S CASUbli— Amendment, &U_ A] Apache Plaza if Needed(Salvation W Mrify: Community Issues Concept Plans 1)Eutwo Sdo Dmlopad Army Site) -0 e • t.fi-buchou ccouliliou& Rules Forums, toad Um&Dovelopcout officomillb Toch .Sc visual Preference Pacem 2)PuiW Silo DwoiopW Reline Design OffidllighTacb.ith l7bjonire (Slulo s—") Prindpics,Coalli Su"ey Waal Plop.."D—I.P-13 =X1_1=— 3)R_.wd."cowholl &Objectives Pbd—1.F*­oouo M..d U. YAW.&Map EalahWh walural symanoo laoo. It-11 Facilitiol and Sparing A sit.1)0.ip Aliccuou" I P.—Ii.,mi.—a U_ Modifications -HtJdisRchb0P1i.. Salvation Amy I on 'g and: 0 Aroccouck,Suouloc" Mi.!—AM-0 of Hauling ounell 2)M-L—Amoual of Capitol ImprovementsilFunding liousing V-`ub C""" 4)A,Opou sp— Public Port -stun mr M-8—cou ay Rp Lkcl000-UP/Miliptiou � . 'ith Environment S Mitigation iralegics !)also Standards& PRELIMINARY WORK PROGRAM Figure 7 DAHLGREN,SHARDLOW,AND UBAN,INC Apache Plaza/Salvation Army Redevelopment Area- St. Anthony Village,MN. CITY OF ST. ANTHONY 53 RESOLUTION 00-051 A RESOLUTION FOR COMMITMENT TO PROVIDE FUNDS TO MATCH POTENTIAL LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT WHEREAS, the Metropolitan Council administers Livable Communities Demonstration Account Grants; and WHEREAS, the City of St. Anthony submitted a Livable Communities Demonstration Account Grant Application on June 2, 2000; and WHEREAS, one requirement of the Grant is that the Subject City commit to an even,.dollar per dollar match of funds that may be awarded; and WHEREAS, the City requested a grant in the amount of$150,000 to study the potential for mixed use development in the vicinity of Apache Plaza. NOW, THEREFORE, BE IT RESOLVED that if the Metropolitan Council awards the City of St. Anthony a Livable Communities Demonstration Account Grant, the City of St. Anthony hereby commits to an even dollar per dollar match of awarded funds from the City's Housing and Redevelopment Authority Fund. Adopted this day of , 2000. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager 54 MEMORANDUM DATE: 5/9/00 MEETING DATE: 5/16/00 TO: Planning Commission FROM: Assistant City Manager Isom ] RE: An Ordinance relating to zoning and planned unit developments; amending section 1655 of the St. Anthony Code of Ordinances in its entirety. The attached Ordinance 92000-006 is consistent with the May 4,2000 update of the critical path for planned unit development(PUD)ordinance/process and Hillcrest Development's redevelopment of the Apache Plaza. Said ordinance was drafted by the City's planning consultant(DSq and subsequently edited by City Attorney Soth. Staff Recommendation: Motion to approve Ordinance#2000-006, as proposed. Cc: City Clerk Kroeplin • 55 515100 CITY OF ST. ANTHONY ORDINANCE 2000-006 . AN ORDINANCE RELATING TO ZONING AND PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 1655 OF THE ST. ANTHONY CODE OF ORDINANCES IN ITS ENTIRETY The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1655 of the City Code is amended to read in full as follows: 1655.01 Purpose. The purpose of this Section 1655 is to provide for planned unit developments within the City. 1655.02 Definitions. Subd. 1. PUD. A PUD is a_zoning district and development plan which may include single or • mixed uses, and one or more lots or parcels, and which is intended to create a more flexible, creative and efficient approach to the use of land. Any PUD shall be subject to the procedures, standards and regulations contained in this Section 1655. A PUD site must be at least 3 acres in size, and applications for PUD approval will not be considered for sites of less than 3 acres. Subd. 2 Development Review Committee. The Development Review Committee shall be a committee as appointed by the City Manager from time to time to conduct a review of all development plans for any PUD. Subd. 3 Sketch Plan. A Sketch Plan means an informal development plan presented by a PUD applicant as provided in.Section 1655.10, Subd. 2. Subd. 3 Preliminary Development Plan. A Preliminary Development Plan means a formal 'development plan in preliminary form presented by a PUD applicant as provided in Section 1655.10, Subd. 3, and including the requirements set forth in Section 1655.10, Subd. 5(b). Subd. 4 Final Development Plan. A Final Development Plan means a final development plan based upon the Preliminary Development Plan and presented by a PUD applicant as provided in Section 1655.10, Subd. 4, and including the requirements set forth in Section 1655.10, Subd. 5(b)(4). • 56 Subd. 5 Developer. Developer means the owner of the Property,or a person or entity • authorized in writing by the owner of the Property to file the applications for the PUD and who will become the owner of the Property prior to any development of the Property. Subd. 6 Proper1y. Property means all land included within the PUD. . Subd. 7 PUD Agreement. The PUD Agreement is the agreement to be entered into between the Developer and the City to incorporate all term,requirements and conditions of the PUD approval. 1655.03 Authorization. A PUD approval may allow the following: Subd. 1. Vane . Within a comprehensive site design concept, a mixture of land uses,housing types and densities. Subd. 2. Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements and other performance standards associated with traditional zoning, a PUD can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. Subd. 3. Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility-related expenses. Subd. 4. Density Transfer. The project density may be clustered,basing density on a number of units per acre in place of specific lot dimensions. Subd. 5. District Inte rae tion. The combination of uses which are allowed in separate zoning districts such as: (a) Mixed residential uses to allow both densities and unit types to be varied within the project. (b) Mixed residential uses with increased density based upon the greater sensitivity of PUD projects to.regulation. (c) Mixed land uses with the integration of compatible land uses within the project. 1655.04 Allowed Uses. Uses within a PUD may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan. However, in some unique situations,the PUD may allow the approval of use or uses that are not listed as either permitted or conditional uses in any underlying zoning district. The specific allowed -2- 57 uses and performance standards for each PUD shall be delineated in an ordinance and development • plan. The PUD development plan shall identify all the proposed land uses,which shall become permitted uses if the Final Development Plan is approved. Any change in the uses presented in the Final Development Plan will be considered an amendment to the PUD and must follow the procedures specified in this Section 1655. 1655.05 Required Standards. The City shall consider a proposed PUD from the point of view of all standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination between the proposed development and the surrounding uses,the conservation of woodlands and wetlands, and the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas;the adequacy, location and screening of parking areas; and such other matters as the City Council may find to have a material bearing upon the stated standards and objectives of the Comprehensive Land Use Plan. 1655.06 Coordination With Subdivision Regulations. If a PUD involves the subdivision of land,then the subdivision review shall be carried out under Chapter 15 of this Code simultaneously with the review of the PUD. The plans required under this Section 1655 shall be submitted in a form which will satisfy the requirements of Chapter 15 for the preliminary plat and final plat. Chan 1655.07 Revisions and/o r ges._ Subd. 1. Minor Chanizes in Location, Placement and Height. Minor changes in the location, placement and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. Subd. 2. Significant Changes in Use,Location, Size and Height. Changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots,blocks and building tracts, changes in provision of common open spaces and all other changes to the approved Final Development Plan may be made only after a public hearing conducted by the Planning Commission. Upon determination by the Development Review Committee that a major change has been proposed, the Developer shall apply for an amended PUD. The application to amend the PUD shall be treated as a new zoning application. Upon acceptance of a complete application,the Planning Commission shall hold a hearing as set forth in Section 115 of this Code. Any changes shall be recorded as amendments to the recorded copy of the Final Development Plan -3- 58 Subd. 3. Provisions of Original District Apply. All of the provisions of the zoning district within which the PUD is established shall apply to the amended PUD except as otherwise provided in approval of the Final Development Plan. The effective date of the PUD shall be after: (a) Approval of the PUD amendment and text and Final Development Plan. (b) Publication of the ordinance. Subd. 4. Review. If substantial development has not occurred within a reasonable time after. approval of the PUD,the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error. Subd. 5. Formal Review Periods. Within the PUD Agreement,the City may schedule formal City Council review periods on an annual or less frequent basis to ascertain that actual development on the site meets the conditions of the approved PUD. 1655.08 Phasiniz and Guarantee of Performance. Subd. 1. Comparison with Approved Development Schedule. The Planning Commission shall compare the actual development accomplished in the various portions of the PUD with the approved development schedule. Subd. 2. Extension of Limits of Development Schedule. Upon recommendation of the Planning Commission and for good cause shown by the Developer, the City Council may extend the limits of the development schedule. Subd. 3. Construction Rates of Dwelling and Open Space. The construction and provision of all of the common open space and public and recreational facilities which are shown on the Final Development Plan must proceed at the same rate as the construction of dwelling units, if any. The Development Review Committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If they find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational"facilities have been constructed and provided,they shall forward this information to the City Council for action. Subd. 4. Securily. A letter of credit in form acceptable to the City shall be required to guarantee performance by the Developer. The amount of the letter of credit and the specific elements of the development program that it is intended to guarantee will be stipulated in the PUD Agreement. • -4- 59 1655.09 Control of PUD Following Completion. • Subd. 1. Final Development Plan Governs. After a certificate of occupancy has been issued for all or any portion of a PUD, the use of the land covered by the certificate of occupancy and the construction,modification and alteration of any buildings or structures within the PUD shall be governed by the Final Development Plan. Subd. 2. Changes After Issuance of Certificate of Occupancy. After a certificate of occupancy has been issued for all or any portion of a PUD,no changes shall be made in the approved Final Development Plan except upon application as provided below: (a) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Development Review Committee if they are consistent with the purposes and intent of the Final Development Plan.No change authorized by this Section may increase the mass or volume of any building or structure by more than 10%. (b) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the Final Development Plan unless an amendment to the Final Development Plan is approved under this Section 1655. • c) Changes in the use of the common open aces may be authorized by an ( P p amendment to the Final Development Plan by the City Planning Commission after a public hearing as provided in Section 115 of this Code and without all the documents necessary for the original application. (d) Any other changes in the Final Development Plan must be authorized by an amendment of the Final Development Plan under this Section 1655. 1655.10 Procedure for Processing g PUD. Subd. 1. Application Conference. Upon filing of an application for a PUD,the Developer shall arrange for and attend a conference with the Development Review Committee. The primary purpose of the conference shall be to provide the Developer with an opportunity to gather information and obtain guidance as to the general suitability of Developer's proposal for the area for which it is proposed and its conformity to the provisions of this Section 1655 before incurring substantial expense in the preparation of plans, surveys and other data. Subd. 2. Sketch Plan. The sketch plan provides an opportunity for an applicant to submit an informal plan to the City showing the applicant's basic intent and general nature of the • -5- 60 • development. The sketch plan is optional and is intended to provide feedback from the Planning Commission before the applicant incurs substantial cost in the preparation of formal plans. The Sketch Plan shall be considered a partial, incomplete application prior to formal submittal of the complete application and scheduling of hearings. Subd. 3. Preliminary Development Plan. The purpose of a Preliminary Development Plan is to formally present a PUD application, and a preliminary plat application if subdivision of land is a part of the PUD, in a public hearing before the Planning Commission as set forth in Section 115 of this Code. The plan shall include the following: (a) Overall maximum PUD density range. (b) General location of major streets and pedestrian ways. (c) General location and extent of public and common and open space.. (d) General location of residential and nonresidential land uses with approximate type of intensities of development. (e) Staging and time schedule of development. • (f) 'Other special criteria for development. Subd. 4. Final Development Plan. Following approval of the Preliminary Development Plan, the applicant shall submit an application for the Final Development Plan, and a final plat if subdivision of land is a part of the PUD. The application shall proceed and be acted upon in accordance with 1655.03 for zoning district changes. If appropriate, because of the limited scale of the proposal,the Development Review Committee may permit the Preliminary Development Plan and Final Development Plan to proceed through the review and approval processes simultaneously. Subd. 4. Procedures. The procedures to be followed by the applicant with respect to a PUD, shall be as follows: (a) Schedule: (1) Developer shall meet with the Development Review Committee to discuss the proposed developments. (2) The Developer shall file the Preliminary Development Plan application and preliminary plat, if any,together with all supporting data. • -6- 61 • (3) Within 30 days after verification by the City Manager that the required plan and supporting data is adequate, the Planning Commission shall hold a public hearing as provided for in Section 115 of this Code. (4) The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. The procedure shall be that set forth in Section 115 of this Code. (5) The City may request additional information from the Developer concerning operational factors or retain expert testimony.at the expense of the Developer concerning operational factors. (6) If the Planning Commission fails to take action on the matter on or before a date 14 days after the initial hearing,then the City Council may proceed as provided for in Section 115 of this Code without the Planning Commissions recommendation. The City Council shall assign an ordinance numerical reference to each Final Development Plan and PUD Agreement text approved. The City Council may attach such additional conditions as it deems reasonable. Approval shall require a four-fifths (4/5) vote of the entire City Council. After approval by the City Council, the PUD zoning ordinance map amendment shall be published, with reference made to the PUD-Agreement text. The Developer shall be responsible for recording the ordinance and PUD agreement in the office of the Hennepin or Ramsey County Recorder and/or Registrar of Titles prior to issuance of any building permit or within 60 days, whichever is less. The official PUD ordinance and PUD Agreement shall also be filed in the City Manager's office. (b) Application: Ten copies of the Preliminary Development Plan, including all of the following exhibits, analyses and plans, shall be submitted to the City: (1) Preliminary plat for any land being subdivided and information required by Chapter 15 of this Code. (2) General Information: A. The landowner's name and address and the landowner's interest in the Property. B. The Developer's name and address if different from the landowner. -7- 62 • C. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor. D. . Evidence that the Developer has sufficient control over the Property to effectuate the proposed PUD, including a statement of all legal, beneficial,tenancy and contractual interests held in or affecting the Property and including an up-to-date certified abstract of title or registered property report and such other evidence as the City Attorney may require to show the status of title or control of the Property. E. Evidence that the Property is not less than 3 acres in area. (3) Present Status: A. The address and legal description of the Property. B. The existing zoning classification and present use of the Property and all lands within 1,000 feet of the Property. C. A map depicting the existing development of the Property and all land • within 1,000 feet thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the Property. D. A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. E. Site Conditions: Graphic reproductions of the existing site conditions at a scale of one inch equals 100 feet. 1. Contours; minimum two-foot intervals. 2. Area devoted to residential use by building type. 3. Area devoted to common open space. -8- 63 • 4. Area devoted to public open space. 5. Approximate area devoted to streets. 6. Approximate area devoted to, and number of, off-street parking and loading spaces and related access. 7. Approximate area and floor area devoted to commercial uses. 8. Approximate area and floor area devoted to industrial or office use. 9. Total area of the Property. F. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each stage and overall chronology of development to be followed from stage to stage. • G. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. H. Any restrictive covenants that are to be recorded with respect to Property included in the proposed PUD. I. Schematic utilities plans indicating placement of water, sanitary and storm sewers. J. The City may excuse a Developer from submitting any specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal. K. The City may require the submission of any additional information or documentation which it may find necessary. • -9- 64 • (4) The Final Development Plan submission should depict and outline the proposed implementations of the Preliminary Development Plan for the PUD. Information from the Preliminary Development Plan may be included for background and to provide a basis for the submitted plan. The Final Development Plan submissions shall include, but not be limited to: A. A final plat for any land to be subdivided and information required by the Chapter 15 of this Code. B. Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet(or other scale requested by the City Manager) containing at least the following information: 1. Proposed name of the development,which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in the county where the Property is situated. 2. Property boundary lines and dimensions of the Property and any significant topographical or physical features of the Property. • 3. The location size use and arrangement including height in g g g stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including mobile homes, and existing buildings which will remain, if any. 4. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. 5. Location,designation and total area of all common open space. 6. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. 7. Proposed lots and blocks, if any and numbering system. -10- 65 • 8. The location, use and size of structures and other land uses on adjacent properties. 9. Detailed sketches and provisions of proposed landscaping. 10. General grading and drainage plans for the developed PUD. 11. Any other information that may have been required by the Planning Commission or County Board in conjunction with the approval of the Preliminary Development Plan. C. An accurate legal description of the entire area within the PUD for which Final Development Plan approval is sought. D. A tabulation indicating the number of residential dwelling units and expected population. E. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity(e.g. drug store, dry cleaning, supermarket). F. Preliminary architectural "typical" plans indicating use, floor, plan, elevations and exterior wall finishes of proposed building, including mobile homes. G. A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights of way, utility lines and facilities, lots, block,public and.common open space, general landscaping plan, structure, including mobile homes, and uses. H. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The Final Development Plan should clearly reflect the site treatment and its conformance with the approved Preliminary Development Plan. I. A final plat prepared in accordance with Chapter 15 if land is being subdivided. J. A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, or any -11- 66 other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: 5/2.3/0.0 Second Reading: 6/3-3/00-- Adopted: - Mayor ATTEST: City Clerk Published: St. Anthony Bulletin: -12- 67 MEMORANDUM DATE: June 6, 2000 Meeting Date: June 13, 2000 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: STAFF REPORT ON PHYSICAL NEEDS ASSESSMENT/COST ESTIMATE FOR CITY FACILITIES • The engineering firm of SEH will provide a physical needs cost estimate for all of the City facilities at a cost of$8,000. The funding for this study can be obtained by the money we set aside for the Public Works Facility. The result of this study will provide the City with a snapshot of our building needs and costs will be-over the next 15 years or so. RECOMMENDATION Recommend approval of Resolution 00-041 and authorization of up to $8,000 for a Physical Needs Assessment/Cost Estimate for All City Facilities, as proposed by SEH. • 6 3535 Vadnais Center Drive,200 SEH Center,St. Paul,MN 55110-5108 651.490.2000 651.49 architecture engineering environmental transporcacton • June 1, 2000 RE: Public Works Facility Improvements Summary of Meeting &Findings SEH No. A-SANTH9901.00 Michael Mornson Jay Hartman City Manager Director of Public Works St. Anthony Village St. Anthony Village 3301 Silver Lake Road NE 3301 Silver Lake Road NE St. Anthony, MN 55418-1603 St. Anthony, MN 55418-1603 Dear Mr. Mornson and Mr. Hartman: Based on your need to complete a general Physical Needs Assessment/Cost Estimate for all your city facilities SEH proposes to complete each Physical Needs Assessment/Cost Estimate on an hourly basis to an established maximum fee plus reimbursable as follows: Facility Maximum fee Fire Station#1 4,070.00 Liquor Operations Building SAV 1 880.00 Main Water Filtration Plant/GAC 500.00 GSC Plant 550.00 Well House 2 500.00 Well House 3 500.00 Well House 4 500.00 Well House 5 500.00 The costs-above reflect a general Physical-Needs Assessment Report-for all facilities-except Fire Station #1. In lieu of a general Physical Needs Assessment Report, we will produce a summarized Space Needs Report with cost estimates for a new Fire Station. In addition we will provide you two options with cost estimates of what it would cost to reuse or remodel the existing facility based on the needs defined in the summarized Space Needs Report. An example.of a summarized Space Needs Report is attached with this letter. We proposed to complete this work before October 30, 2000. Should you find this proposal to be acceptable please sign one copy and return it to SEH and we will.begin the work to complete the Assessments.. • Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. - 69 Michael Mornson,Jay Hartman June 1, 2000 Page 2 • If you have any questions, or would like us to revise this proposal please do not hesitate to contact me at 651-490-2087. Sincerely, Short Elliott Hendrickson Inc. Received and Approved: By: Title: NanIch z, roject nager sl Date: Enclosure c: • Jason Zemke Mike Foertsch \\cpu199\cansWch\ptojeM\saath\9901\l-ged\l4 on 14-1-own\]-jha003-ke.doc • • 70 St. Anthony Maintenance Facility -' St.Anthony,Minnesota Short Elliott Hendrickson Inc. • Space Program Summary Final Revised Program A Page 1 of 5 May 10,2000 Section: I. New Maintenance Facility SEH No.A-SANTH9901 ES MR.ed Total R66m/1Inctional Area N.S F Number i Areas ............................................................................................................ ..................................................................... I. New Maintenance Facty .............................................. ._.............................._.............................................._............................................:....................... ....................... .................................................................................................................................................................... ......................:... ...................:....................... 1.0 Vehicle Storage&Department Operations Areas .............................. ................................................................................ ..................................................................... 1.5 Street Dept.Vehicles/Equipment 11,403 SF ...... .... ........................................................................... ..................................................................... 1:7 Utility Dept.Vehicles/Equipment 4,650 SF ............................................................................. .............................................•....................... 1.9 Wash Bay.................... 0 SF (Duplicates as Vehicle Storage..........._.._... ... . ........... ............................................... ........... ...................:.............................................. Included in 1.5 SF) :......................:....................... ................................................................................................................................................................... . 1:10 General Use Stora&e 400 SF ..... ............................................................................. ..................................................................... Total: ....16,453....SF ................... ......16,453 ..1..........:......16,453...... .................................................................................................................................................................... ......................:......... ..................................... .................................................................................................................................................................... ................................ ..................................... .................................................................................................................................................................... ................................ ..................................... .................................................................................................................................................................... ......................:......... .............:....................... .................................................................................................................................................................. ...................:............ ....... ..................... .................................................................................................................................................................... ................................ ..................................... .................................................................................................................................................................... ......................:......... .............:....................... ...................................... ................................................................................ ...................:....................i...................... ...................................................................................................... ....................:......................:•...................... ....................... ...................... .......................................................... ................................................................................................... ...................:.............. ..... ..................... .................................................................................................................................................................... ......................:......... .............:....................... . ................................................................................................................................................................... ......................:......... .............:....................... .................................................................................................................................................................... ......................:......... .............:....................... .................................................................................................................................................................. ...................:............ ........i...................... .................................................................................................................................................................... ......................:......... .............:....................... .................................................................................................................................................................. ...................:............ ............................... .................................................................................................................................................................... ......................:......... ..................................... ............................................... ................................................................................................................ ......................:........... ...........:....................... .................................................................................................................................................................... ......................:......... .............:....................... .................................................................................................................................................................. ...................;............ ....... ..................... .................................................................................................................................................................... ......................:........ ..............:....................... .................................................................................................................................................................. ...................:........... .........i...................... .................................................................................................................................................................. ...................:........... .........:...................... .................................................................................................................................................................... ......................:........ ..............:....................... .................................................................................................................................................................... ............................... ...................................... .................................................................................................................................................................... ......................:........ ..............:....................... .................................................................................... ......................:......................:....................... .................................................................................................................................................................. ...................:........... ........ ..................... .................................................................................................................................................................... ............................... ....................................... .................................................................................................................................................................. ...................:........... .........i...................... .................................................................................................................................................................... ......................:........ ..............:....................... .................................................................................................................................................................. ............................... ........ ..................... .................................................................................................................................................................... ......................:........ .............. ..................... 6 453 ` 8, 9V 71 St. Anthony Maintenance Facility = St.Anthony,Minnesota Short Elliott Hendrickson Inc. tSpace Program Summary Final Revised Program A Page 2 of 5 May 10,2000 Section: I.New Maintenance Facility SEH No.A-SANTH9901 r u ` UNION, < , mr bern A O u a� .........................................................................................................................................................................................4..... .................4....................... .........New Maintenance Facility .... ..... 4...................... ...................... .........................................................................................................................................................................................4..... .................L....................... 2:0 Equipment Maintenance Operations .................................................................... ...................... .................... 2:1 Wood Shok...............................................400.......SF............................................................................................................L.......... ............. .................. 2.2 Metals&Weldin Bay SF (Duplicates as Vehicle Storage- ................................... .......... e .. L......................L....................... Included in 1.5 SF) .................................................................................................................................................................. ......................:..... .......................................... 2.3 Stationary 00 Hoist Bay 1 , 0 SF .........2:4 Mobile Hoist BaX....................................1,800 SF ............................................................................ .............................................4....................... 2.5 Stora�eMlisc Equipment .. ........_.._ 327 SF ......... .......................................................................... ......................4......................4....................... 2:6 Parts Room/Mech:OMce 750 SF ....... ........................................................................................................................ ....................... 2.7 Hazardous Materials Storage ....225 SF ...................................................................... ...................... ......................�....................... ........................................................................................ ........................................................................ ......................L............ ..........L....................... .........Total:......4,502.......SF ......................... ......4,502 ' .........1..........;......4,502........ ....................................................... ...................................... .......4. ..................................................................................................................................................................................................... ................................... .................................................................................................................................................................. ......................4........... ...........4....................... .................................................................................................................................................................. ......................4........... ...........4....................... ................................................................................................................................................................ ....................... ...................4...................... .................................................................................................................................................................. ......................4........... ...........4....................... .........................................................................................................................................................................................L........... ...........4....................... ..... ..... • ............................................................. ....................................................................... .................. ....................L......... .............L....................... ................................................................................................................................................................ ...................4............. .......L................. ... ................................................................................................................................................................ .4...................:4............ .......... ................................................................................................................................................................ .4....................4............ .......... .................................................... ....................................................................................................... ...................4........... ....4...................... ................................................................................................................................................................ ....................... ...................L...................... ................................................................................................................................................................ ...................L.............. ......L...................... ................................................................................................................................................................ ...................L.............. ......4...................... ................................................................................................................................................................ ...................L.............. ......L...................... ................................................................................................................................................................ ...................4.............. ......L...................... ........................................................................................... ........... ................_ .. .................. ...................4.. .. .... ... _ .4. .. ......... ........................................... ................................................................................................................... .......................4............ ........4...................... ... ........................................................................................................................................................ ...................4............... .....4...................... ................................................................................................................................................................ .................. .......................4...................... ................................................................................................................................................................ ...................4............. .......L...................... ................................................................................ ........................................................................... ...................L. .L...................... .. ................................................................................................. ................................................. ...................4................. .. ..................... ................................................................................................................................................................ .L....................L........... ........... ................................................................................................................................................................ .4....................4........... ........... ................................................................................................................................................................ .......................4.......... ..........4...................... ................................................................................................................................................................ ...................L............. .........4...................... ................................................................................. .......................................................................... ...................4............... .....4...................... ............................................................................................................................................................... ...................L.............. ......L...................... ................................................................................................................................................................ ...................L. ........ ................................................................................................................................................................ ...................L............. .......L...................... .........................................................................................................................................................................................4.......... ..........L...................... ................................................................................................................................................................ ...................L............. .......►...................... • - - -- _ a �f a e n 72 St. Anthony Maintenance Facility St.Anthony,Minnesota Short Elliott Hendrickson Inc. • Space Program Summary Final Revised Program A Page 3 of 5 May 10,2000 Section: I.New Maintenance Facility SEH No.A-SANTH9901 i T Estlnated Total oom/Furion ctial Area =' N:S'F. ,Dumber : Areasµ ............................................................. ...................... I.New Maintenance Facility..................................... .........................................................................................................................................................................................4..... .................L....................... 4;0 Facility.S°P.R° ................................... ..... ..... ....................................................................................................................4......................L....................... 4,1 Administration/Reception 400 SF ........ ..... .... .... ...................................................... ...................... .............. ................... .................................................2 Lunch RoomlCrainin�Room.....................576.............. SF �......................L....................... . Mud Room 135 SF ........................................................................ ...................................................... ...................... ...................................... ........ 4.4 Toilets/Shower 566 SF ..................................................................... .............---...................................... .............................................L................ ....... 4.5 Janitors 121 SF ...................................................I........................ .................._................................._. ...................... ....................L........ ............... 4.6 MechanicaVElectrical 1,020 SF (Located on Mezzanine) ......................................................... ...................................................... ......................,......................�....................... ........4.7 Records/Resour.... Area..........................2...................SF ........................................................Total:............3,018.................SF .................................................... .........01............................ ... .........01.......... ................................................................... ......... l.........L.................... + .................................................................................................................................................................. ......................4..... .................L....................... .................................................................................................................................................................. ......................L..... .................L....................... ................................................................................................................................................................ .......................4..... ...............4...................... ................................................................................................................................................................ .......................4..... ...............4...................... .........................................................................................................................................................................................4..... .................L....................... .......................................................................................................................................... ........ .... ....................... .................. ..................... ..L...................... • ................................................................................................................................................................ .................. L...... ................. ................................................................................................................................................................ .......................4..... .............. ..................... ................................................................................................................................................................ .......................4..... ...............4...................... ................................................................................................................................................................ .......................4........... .........4...................... ................................................................................................................................................................ .......................4........... .........4...................... 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................................................................................................................................................................ ...................L............. ...... ..................... ................................................................................................................................................................ ...................... ...................4...................... 73 St. Anthony Maintenance Facility St.Anthony,Minnesota Short Elliott Hendrickson Inc. • Space Program Summary Final Revised Program A Page 4 of 5 May 10,2000 Section: II.Existing Structure-Warm & Cold Storage SEH No. A-SANTH9901 ` ,IR x� ; Estunatea ; t To s - - oomJFuncflonal�1Area� .................................................................................................................................................................. ......................4....... ...............4....................... II. Existing Structure:Warm&Cold Storage .............. ......................L......................, ......................................................................................................................................................................................... ...................... ....................... 1.0 Vehicle Storage&Department Operations:Areas ' ...................................................................................... ...................... ......................4................----... 1.1.....Street Dept Tool......................................... ............................................................................ ......................:......................L....................... &SaPP1Y.Storage...................................560 SF ....................................................................... ......................L......................L....................... 1.2 Parks Deft Tool& .... ......................L......................L....................... .............5°P.P.IY.StoraYe......................_................400 SF ...... ....................................................................... ......................L......................4....................... Deft.Tool&....................................................... ...................5°.P.P.Iy.Stora?e............... .400 SF ........... ........................................................................... ......................4......................4....................... 1:4....Sign ShoP...............................................400 SF ....................................................................... ...........:..........4......................L....................... 1.5 Street Dept.Vehicles/Equipment 1,593 SF (Items Designated as Summer Use Only) .... ......................4......................L....................... 1.6 Parks Dept Vehicles/Ec�uipment 2,565 SF .................. ....... 1.8 Cold Storage Vehicles/Ec�ui�ment 2,343 SF ........ ..... ..... ......................L....................... 1.11 Cold Storage Material 303 SF ......................................................................................................................................... .................................................................................................................................................................. ......................4...... . ...........I.......I.........................................Total.. 8 6`1....SF................................................................... ......8 46.......;..........1 .....8,546 ........ ........8. ..........4. ................................................................................................................................................... ........ ...................4........... .........L...................... .........................................................................................................................................................................................4...... 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.................................................................................................................................................................. ......................4..... .................4....................... ................................................................................................................................................................ ...................4........ ............4...................... ................................................................................................................................................................ ...................4........ ........... ...................... ........................................ ................................................................................................................... ...................4.......... ..........4...................... ................................................................................................................................................................ .......................L..... ...............L...................... ................................................................................................................................................................ .......................M..... ...............L...................... ................................................................................................................................................................ .................. ...................L....................... ................................................................................................................................................................ ...................4........ .. ...........L...................... .. 1564 St. Anthony Maintenance Facility St.Anthony,Minnesota Short Elliott Hendrickson Inc. • Space Program Summary Final Revised Program A Page 5 of 5 May 10,2000 Section: III.New Police &Fire SEH No.A-SANTH9901 "d e.7 7= M-1- 71� "i" P &MM Total NO—b Sil iff.....•...................................... New Police&Fire ................................................................................................................................................................. ......................1..... .......................................... ............................................................................................................................................................................................... ................ ....................... .0 Miscellaneous Operations ....... 3 ................................................................................................................................................................................ ................ ...... 3.1 Police 4,100 SF ......................................................................................................................................................................I........................ ................ ....................... 3.2 Fire Department 550 SF ....................................Department ....................... ...................... ....................... .........................................................iilwl................................................................................................................... ......................L....................... Subtotal: 4,650 SF 1�m. 1 4,650 .................................................................................................................................................................. ....... ............................. ..................... .........................................................................................................................................................................................4..... .................4....................... .................................................................................................................................................................. ......................4..... .................L....................... .......................................................................................................................................................................................... ...................... ....................... .................................................................................................................................................................. ......................1..... .......................................... ........................................................................... ..................................................................................... ......................1...... .................L...................... .................................................................................................................................................................. ......................4..... ................. ....................... ......................................................................................................................................................................................... ...................... ......... 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......................................................................................................................................................................................... .................................................................................................................................................................................................... .................................... • ep et o IF Now . . = 75 St. Anthony Maintenance Facility St.Anthony,Minnesota Short Elliott Hendrickson Inc. Project Construction Costs Final Revised Program A Page 1 of 2 May 10,2000 SEH No.A-SANTH9901.00 I.New Maintenance Facility 1.0 Vehicle Storage & Dept.Areas $1,447,840 1.5 Street Dept.Vehicles/Equip. 18,098 @ $80.00 = $ 1,447,840 1.7 Utility Dept.Vehicles/Equip. 1.9 . Wash Bay 1.10 General Use Storage 2.0 Equipment Maintenance Operations $569,470 2.1 Wood Shop 5,177 @ $110.00 = $ 569,470 2.2 Metals&Welding Bay 2.3 -Stationary Hoist Bay 2.4 Mobile Hoist Bay 2.5 Storage/Misc.Equip. 2.6 Parts Room/Mech.Office 2.7 Hazardous Material Storage 4.0 Facility Support $298,780 4.1 Administration/Reception 2,498 @ $110.00 = $ 274,780 4.2 Lunch Room/Training Room 4.3 Mud Room 4.4 Toilets/Showers 4.5 Janitors 4.6 Mechanical/Electrical(Mezzanine) 1,275 @ $40.00 = $ 51,000 4.7 Records/Resourcing Area Subtotal $2,343,090 5.0 Site Issues- 10-20% $234,309- 468,618 Subtotal $2,577,309 -2,811,708 6.0 Construction Contingency- 10%. $257,739-281,170 Total Probable Construction Costs $2,835,138-3,092,878 • Total Building Area 27,048 S.F. St. Anthony Maintenance Facility 76 0 St.Anthony,Minnesota Short Elliott Hendric.,....____ • Project Construction Costs Final Revised Program A Page 2 of 2 May 10,2000 SEH No. A-SANTH9901 II. Existing Structure=Warm& Cold Storage 1.0 Vehicle Storage Dept.Operations Areas $471,000 1.1 Street Dept.Tool&Supply Storage 9,420 @ $50.00 = $ 471,000 1.2 Parks Dept.Tool&Supply Storage 1.3 Utility Dept.Tool&Supply Storage 1.4 Sign Shop 1.5 Street Dept.Vehicles/Equipment 1.6 Parks Dept.Vehicles/Equipment 1.8 Cold Storage Vehicles/Equipment 1.11 Cold Storage Material 6.0 Construction Contingency- 10% $47,100 Total Probable Construction Cost $518,100 III.New Police & Fire • 3.0 Miscellaneous Operations $511,500 3.1 Police 5,115 @ $100.00 = $ 511,500. 3.2 Fire Department 6.0 Construction Contingency- 10% $51,150 Total Probable Construction.Cost $5621650 Probable Cost Summary I. New Maintenance Facility $2,835,138-3,092,878 II. Existing Structure-Warm&Cold Storage $518,100 III. New Police&Fire _ $562,650 Total Construction Cost - All Programmed Spaces $ 3,915,888 - $4,173,628 • • CITY OF ST. ANTHONY RESOLUTION 00-041 A RESOLUTION APPROVING SHORT ELLIOTT HENDRICKSON, INC. TO PRODUCE A PHYSICAL NEEDS ASSESSMENT/ COST ESTIMATE FOR ALL CITY FACILITIES WHEREAS, the City Council desires a Physical Needs Assessment Report on all City facilities; and WHEREAS, Short Elliott Hendrickson, Inc. has submitted a proposal to perform the services related to developing said report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the proposal from Short Elliott Hendrickson, Inc. to provide a Physical Needs Assessment/Cost Estimate for all City facilities not to exceed $8,000.00. Adopted this day of , 2000. • Mayor ATTEST: City Clerk Reviewed by.Administration: City Manager MISCELLANEOUS INFORMATIONAL DOCUMENTS • iimax To: Bill Soth From: Assistant City Manager Isom Fax: 340-2644 Pages: 21, including Cover Sheet Phone: 340-2969 Date: 05/24/00 Re: Metricom's Ricochet System and CC: Use of City Right of Way Urgent x For Review x Please Comment Please Reply Please Recycle • e Comments: Per our earlier discussion, I have attached a copy of Metricom's proposed Right-of- Way agreement. I believe this to be the language as approved by the LMC. Please review and approve as to form. I am awaiting a letter from NSP giving Metricom permission'to affix to their poles. After receiving your approval and NSP's letter I will seek to have the item placed on the next Council agenda. I'll be out-of-town 'til June 6, so take your time. If you have questions, please feel free to call Bill Buell of Buell Consulting at 651-225-0793. Thanks and have a great Memorial Day weekend. Spence • 5-0? B UELL CONSULTING, INC. 905 Jefferson Avenue, Suite 210 Site Acquisition Saint Paul, Minnesota 55102-4740 Permitting 49 (651) 225-0792 Site Management Fax (651) 225-0795 May 10, 2000 Spencer A. Isom Assistant City Manager 3301 Silver Lake Road St. Anthony,MN 55418 RE: Metricom's Ricochet System and Use of City Right of Way Dear Spencer: Thank you for your time in meeting with me last week to talk about Metricom and its desire to bring its exciting new wireless internet service, called Ricochet, to City businesses and residents. I am writing this letter to summarize our discussion. SYSTEM REQUIREMENTS Metricom's wireless network is accomplished by attaching shoebox sized radios on street lights. It usually, takes approximately seven of these radios per square mile to cover an area. The power for the radios is tapped from existing photo sensors on the street light. These radios can also be attached to power poles. Metricom does not plan to add any new poles or do any trenching in the right-of-way,however,Metricom will need to use the City's right-of-ways in order to access the light poles and power poles. Most of the poles are owned by NSP. As you requested,a letter that references the Agreement between NSP and Metricom is enclosed . STANDARD AGREEMENT I gave you a standard ROW Agreement that is the result of consultation with the attorneys representing the League of Minnesota Cities and Suburban Rate Authority. For your convenience, I also gave you a Reference Draft that highlights changes made at the request of LMC and SRA. We are asking the City to review and approve the Agreement. This is the same Agreement that is being presented to 75 other cities in the Metro area of which 42 Cities have already signed. We are hoping to complete the Agreement with all of the cities by the end of May. As you requested,a copy of the Agreement signed by the City of New Brighton is enclosed. BENEFITS TO CITY The main benefit will be for residents and businesses to have the choice of a high-speed wireless internet capability. In order to speed the rollout of our system in the Twin Cities market,Metricom is willing to go beyond the statutory limits that cities can charge for the use of the right of way. The Agreement provides for the following payments. These are the exact same payments being proposed and accepted by other cities: • Sec. 3.4- payment of all normal application fees for initial installation Sec. 4.1- annual payment of 1% of gross revenue for subscribers in the City as a simple way to calculate the City's on oin right of way management costs for Metricom. This relieves the City from the need to calculate a right-of-way management fee for Metricom, whose use is a simple 15-minute stop.to attach a radio to a pole. Sec. 4.2- annual payment of$60 per City-owned pole upon which a radio is attached Sec. 4.3 Metricom pays for all of its electricity use Sec. 4.4- Metricom will reimburse the City for its attorney's fees to review the Agreement up to $1,000 Sec. 4.5- the City will receive 10 free internet subscriptions($350 or more per month value) CITY APPROVAL PROCESS It is my understanding.that you will try to complete your review of the Agreement as soon as possible. It is critical for our purposes to bring it to the City Council for their review and approval as soon as possible. When would the next City Council Meeting be available for this? MAPPING The Agreement requires Metricom to supply the City with a map showing the proposed locations of the pole top radios. We propose to supply the map after the Agreement is signed using City street right-of-way data and power company pole mapping data. All radio locations, whether on City-owned poles or power company poles,will be subject to City review and approval. I look forward to receiving any comments you may have on the proposed Right-of-Way Permit and Facility Use Agreement. Please let me know if you need any more information to complete your review. Thank you. Sincerely, William R. Buell Representative of Metricom 651-225-0793 Enclosures: • Copy of New Brighton ROW Agmt. • NSP Letter ®o, Ado • April 1, 2000 ricochet' To Municipal Officials in the Northern States Power Company service area: re: Metricom and Northern States Power This letter is to inform you that Northern States Power Company has entered into an agreement with METRICOM, INC. which will allow attachment of Metricom Ricochet® radios to the arms of Northern States Power Company streetlight fixtures. The term of this agreement is effective now, and runs through at least the year 2015. These attachments will be on both streetlight poles and electric distribution poles located in the public right-of-way. Our agreement addresses business and technical issues relevant to creating a wireless internet access system in your community. If you have any questions or would like to speak to the appropriate Northern States Power Company representative, please contact: Cathy Wellman Service Policy Coordinator Northern States Power Company J, 612-330-1939 r `� $ Your cooperation in our project is greatly appreciated. r `� Sincerely, �- Max W. Thompson Metricom Local Market Manager Minnesota Office: 952-837-2577 • Metricom, Inc.,7701 France Avenue South,Suite 200,Edina, MN 55435,Phone.612.837.2578, Fax.612.841.6301 Northern States Power Company 414 Nicollet Mall(RS-4) • Minneapolis, MN 55401 Telephone No. (812)330-1938 Facsimile No. (812)330-5878 Email Address: cathy.wellman@nspco.com May 24, 2000 Mr. Spencer Isom City of St.Anthony 3301 Silver Lake Drive St.Anthony, MN 55418 Dear Mr. Isom: Per your request, this letter serves as verification that a Master Lease Agreement(Agreement) covering Metricom's use of NSP's assets for installation of their equipment required to provide wireless intemet service to subscribers within NSP's service territory was executed on April 1,2000. If you have additional questions, please feel free to contact me again. Sincerely, Catherine M.Wellman Service Policy Department cc: Bill Buell, Buell Consulting 06/07/00 WED 14:50 FAX 6123402644 DORSEY & WHITNEY 0002 DORSEY WHITNEY LLP • MINMAPOLIS P[LL38uR'4 C2NTIM SOUTH BILLINGS NEW YORK 220 SOUTH SIXTH STRSBT GREAT PALLS saATTLP MwNEApous,MINKRsOTA 55402-1498 MISSOULA DsiwsR TELEPHONE:(612).340-2600 BaussELs WA -UNCTON,D.C. FAX:(6t2) 340-2568 FARCO DES MOINES .esrr HONG KONG ANCHORAGE �r ya.a,IAyM R SOH ROCHESTaR LONDON (612)340.2969 SALT LA"CITY FAX(612)340.2644 VANCOLnrER ' COSTA MESA Bpcai.WOP$Ef1�W.CG[11 Juae 7,2000 Spencer Isom Assistant City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony,MN 55418-1699 • Re: Metricom,Inc. Right-of-Way Permit and Facility Use Agreement Dear Spencer: As you requested, I have reviewed the proposed agreement with Metricom, Inc. for use of the City-owned street light poles and light fixtures and other City-owned structures within the public rights- of-way for installation.of.radios and.related-equipment by.Metrieom,.Inc. as part of a mobile digital data communications radio network known as"Ricochet." I have also seen a copy of the draft of the agreement as reviewed and revised by Tom Grundhoefer at the League of Minnesota-Cities,and as also reviewed.and revised by Tim Strommen, with the Kennedy & Graven firm,as attorneys for the Suburban Rate Authority. Generally speaking,the agreement with the changes required by Tom Grundhoefer and Jim Strommen is in reasonably good form,and my additional comments are limited. There are,however, several points you should consider: 1. In Section 2,the term is for 9 yz ,and it renews automatically for three successive terms of 5 years each, for a total possible 24 years. It has a provision that permits either party to notify the other of its intention not to renew if notice is given 180 days prior to the renewal term. There is no such termination right during the original 9-year ienn. 06/07/00 WED 14:50 FAX 6123402644 DORSEY & WHITNEY 003 • - DORSEY & WHITNEY LLP Spencer Isom June 7,2000 Page 2 2. In Section 3.3,the last sentence(prior to Section 3.3.1)would require the City to use reasonable efforts to include provisions in all agreements and franchises the City may enter into. I would recommend that this sentence be deleted. 3. Section 4.1 provides for a fee of 1%of Adjusted Gross Revenues to be paid to the City with respect to those revenues From subscribers within the City. I think you should have Metricom provide you with the fee rates to be paid to the various other cities to make sure that St. Anthony is getting a rate equal to those other cities. . - 4. Under Section 4.4,you are entitled to be reimbursed for attorneys' fees with respect to review of this agreement up to $1,000. I will'provide separate billing on this so that you can get such reimbursement. 5. Under Section 4.5,the City of St.Anthony would have up to 10 free subscriptions for its • own City use. 6. Throughout the agreement 5t.Anthony is referred to as the Village of St. Anthony. Although that term is often used for St. Anthony,in a legal document such as this we should use City of. St. Anthony. If you have any other questions or comments on the.agreement,please let Aae know. If not,the -. - matter can be put on the agenda for,consideration by the Council. truly yours, William R. Soth WRS/ms • - 8441 Wayzata Boulevard, Suite 350 B•A.Nlittelsteadt,P.E. Minneapolis, MN 55426 Bret A.weirs,PE. WSB Peter R.d W.Sterna,P.E. Donald W.Sterna,P.E. AMEMBEEM tel: 763-541-4800 Ronald B.Bray,P.E. &Associates, Inc. fax: 763-541-1700 May 23, 2000 F. ame) . FIII;D_(address) FIELD city) Re: Apache Plaza Storm Water Treatment d WSB Project No. 1065-281 Dear FIE salutation): This letter is written at the request of the City of St. Anthony to respond to your letter of May 9, 2000. In your letter, you expressed the following concerns associated with storm water runoff from Apache Plaza: • Apache Plaza contributes a significant portion of the total phosphorus and other nutrient loads into SilveriLake. • With the exception of a small portion of storm water runoff which was treated as part of the Cub redevelopment area, the majority of the Apache Plaza site does not receive treatment prior to discharge to Silver Lake. • The City should not miss this opportunity with redevelopment to provide treatment of storm water runoff generated from the Apache Plaza site. Upon receipt of this letter, I contacted the following individuals to discuss storm water runoff from the Apache Plaza site: • Terry Noonan, Project Manager for Water Resources at Ramsey County Department of Public Works. Terry has completed water quality monitoring at Silver Lake and prepared the Silver Lake West Evaluation Report,which summarizes his finding on storm water runoff contributions to Silver Lake. • Brian Mundstock at Sunde Engineering. He is the developer's engineer for the redevelopment of Apache Plaza. Based on conversations with the above individuals and receipt of the "Silver Lake West Evaluation Report," I offer the following comments in regard to treating storm water runoff from Apache Plaza: 1. Currently, the developer's engineer has not received direction to prepare a preliminary plan for redevelopment of the Apache Plaza site. When this work is authorized by the developer, M i n n e a p o l i s • St . C l o u d Infrastructure Engineers Planners FAWPWM1065-29%05z300-M Or=fi-. Tl%T7 w T ^"T i%"'M Mrrry LX MY nXr D FIEL D(name) FIEL`D(city) May 23, 2000 Page 2 Sunde Engineering will forward to us a copy of the proposed improvements for review and comment. Upon receiving this information,we will meet with City staff and Rice Creek Watershed District to discuss the options available for treatment of storm water runoff. 2. Ramsey County's "Silver Lake West Evaluation Report" verifies that Apache Plaza is a significant contributor of nutrients and suspended solids to Silver Lake. 3. Ramsey County recommends treatment of storm water runoff from the Apache Plaza site to improve lake water quality. Upon receiving the preliminary plans from the developer, and after meeting with City staff and the Rice Creek Watershed District to discuss the options available for storm water treatment of the Apache Plaza site, we anticipate meeting with you to further discuss and address your concerns. If you have any questions, please do not hesitate to contact me at(763) 277-5782. Sincerely, WSB & Associates, Inc. Todd E. Hubmer,P.E. Project Manager c: Mike Mornson, City of St. Anthony St. Anthony City Council Brian Mundstock, Sunde Engineering kd F:1WP WLN\1065.281052300-mskforce.fr FIELDN.AMES:(name;address;city;salutation)ENDRECORD Ms. Marge CowanENDFiELD 2909 Silver Lake CourT FIELD St. Anthony, MN 55418ENDFIP3;D= Ms. CowanENDFIELD END�E.CORD'< Dr. Gary GoodENDEIELD j 4024 Silver Lake FTerrace ENDFIEL_'I?; St. Anthony, MN 55418ENDFIELD= Dr. GoodENDF.EL ENDRECORD_ Mr. Doug JonesENDF'IELD' 2505 Silver LaneE�N�DFIETD; s St. Anthony, MN 55418ENDFIEIDk a =:�_._�: Mr. JonesENDFIELD ENDMWRD Ms. Jan PrekkerENDFIELD', 2401 Silver LaneENDFII;ZD St. Anthony, MN 55418ENDFIELD? Ms. PrekkerENDFIBLp ~ ENDREGORD Ms. Patti SausserENDFTELir 2905 Silver Lake CourtENDFIELD St. Anthony, MN 55418ENDFIELD: Ms. SausserENDFIELD ENDRECQRD i HARDING STREET STORM WATER STORAGE AREA PROJECT PROCESS Task Tentative Date of Task Completion Completed I. Project Initiation/Informational Meeting May 20, 1999 Yes A. Discuss Project Schedule B. Discuss Obtaining Voluntary Right-of-Entry for: 1. Survey 2. Soil Investigation 3. Respond by June 1, 1999 C. OR Discuss Land Acquisition Alternatives with the Council II. Survey and Soils Investigation July 1999 Yes A. Survey will include: 1. Identification of Property Corners 2. Location of Buildings/Fences 3. Size and Location of Trees 4. Contour Mapping of Area B. Soils Investigation will include: 1. Soil Borings 2. Soils Identification 3. Depth to Groundwater III. Informational Meeting November 10, Yes A. Present Results of Survey and Soils Investigation 1999 B. Landscape Architect to Present Sight Designs C. Identify High Priority Areas for Protection D. Discuss Intended Uses IV. Informational Meeting February 29, 2000 Yes A. Present Preliminary Design Alternatives B. Obtain Feedback on Alternatives C. Receive Input and Feedback for Revisions D. Identify Easement Areas to be Acquired V. Informational Meeting/Council Meeting June 7, 2000 We are here A. Present Final Preliminary Plan B. Discuss Project Construction Schedule VI. City Council to Approve Proposed Schedule (Review Preliminary June 27, 2000 Plan)and Discuss Property Appraisals VII. City Council to Order Preparation of Final Plans and Specifications and To Be Determined Purchase of Land or Easements VIII. City Council Approves Final Plans and Specifications,Authorizes To Be Determined Project for Public Bid IX. City Council Accepts Bids and Awards Construction Contract To Be Determined X. Neighborhood Meeting to Discuss Construction Schedule and Activities To Be Determined XI. Begin Construction To Be Determined X11. Construction and Restoration Completed To Be Determined F:\WPW N\1065-43\052099-profprosas.wpd 4b APRIL 2000 City of St.Anthony Profit&Loss Statement from Operations Actual Actual Year to Date Year to Date Increase SAV I SAV II STONEHOUSE 04/30100 04/30/99 (Decrease) Sales $150,781.00 $158,056.00 $66,048.00 $1,406,753.00 $1,337,903.00 $68,850.00 Less: Cost of Goods Sold $119,677.00 $125,604.00 $21,162.00 $1,000,188.00 $962,564.00 $37,624.00 Gross Profit $31,104.00 $32,452.00 $44,886.00 $406,565.00 $375,339.00 $31,226.00 Ratio to Net Sales 20.63% 20.53% 67.96% 28.90% 28.05% Operating Expense: Salaries,Wages, Benefits $6,537.00 $10,400.00 $22,229.00 $179,588.00 $177,541.00 $2,047.00 All Other Expenses $10,850.00 $12,422.00 $19,892.00 $174,630.00 $160,673.00 $13,957.00 Total Operating Expense $17,387.00 $22,822.00 $42,121.00 $354,218.00 $338,214.00 $16,004.00 Ratio to Net Sales 11.53% 14.44% 63.77% 25.18% 25.28% Profit from Operations $13,717.00 $9,630.00 $2,765.00 $52,347.00 $37,125.00 $15,222.00 Other Income $1,440.00 $263.00 $3,295.00 $18,769.00 $13,558.00 $5,211.00 Net Income $15,157.00 $9,893.00 $6,060.00 $71,116.00 $50,683.00 $20,433.00 Ratio to Net Sales 10.05% 6.26% 9.18% 5.06% 3.79% April-Net Income $31,110.00 Y-T-D SAV I SAV II STONEHOUSE ALL STORES YEAR TO DATE 04/30/00 $32,152.00 $23,675.00 $15,289.00 $71,116.00 YEAR TO DATE 04/30/99 $23,089.00 $1,217.00 $26,377.00 $50,683.00 (Audited) INCREASE/DECREASE $9,063.00 $22,458.00 ($11,088.00) $20,433.00 4b General Fund Budget to Actual Report: May 2000 Expenditures: Mean Average 42%' 05/31/2000 Percentage Remaining Budget Y-T-D Balance Spent Bud e Mayor/Council $58,000.00 $31,046.43 $26,953.57 54% 46% Intergovernmental Relations $17,450.00 $3,787.53 $13,662.47 22% 78% Cable Franshise $20,500.00 $14,089.30 $6,410.70 69% 31% General Management $114,400.00 $59,345.79 $55,054.21 52% 48% Elections $22,800.00 $3,937.28 $18,862.72 17% 83% Finance/Insurance $271,700.00 $69,472.58 $202,227.42 26% 74% Finance/Assessing $37,000.00 $1,066.95 $35,933.05 3% 97% Legal $59,800.00 $18,232.31 $41,567.69 30% 70% Engineering/Planning/Zoning $9,100.00 $457.10 $8,642.90 5% 95% City Buildings $98,900.00 $20,491.26 $78,408.74 21% 79% Civil Defense $40,900.00 $15,370.89 $25,529.11 38% 62% Police Protection $11010,700.00 $378,144.08 $632,555.92 37% 63% Lauderdale/Falcon Heights $474,300.00 $177,950.15 $296,349.85 38% 62% Fire Protection $494,300.00 $191,930.73 $302,369.27 39% 61% Inspections/Building Permits $66,300.00 $18,304.65 $47,995.35 28% 72% Animal Control $5,700.00 $520.04 $5,179.96 9% 91% Public Works $420,700.00 $120,384.64 $300,315.36 29% 71% Public Works/Maintenance & Repair $117,400.00 $38,740.24 $78,659.76 33% 67% Tree and Weed Care $30,700.00 $5,898.68 $24,801.32 19% 81% Parks $81,800.00 $30,064.12 $51,735.88 37% 63% Transfers to other Funds $75,000.00 $18,750.00 $56.250.00 25% 75% Total Expenditures $3,527,450.00 $1,217,984.75 $2,309,465.25 35% 65% MEMORANDUM DATE: May 16, 2000 TO: Mayor and Councilmembers Spencer Isom, Assistant City Manager FROM: Michael Morrison, City Manager ITEM: CRITICAL PATH/IMPORTANT DATES FOR APACHE TAX INCREMENT FINANCING - UPDATE Ta_ rizet Complete Task 4/27/00 4/27/00 City Manager meets with Jerry Gilligan, Dorsey & Whitney, and Bob Thistle, Springsted, Inc., to review tax increment financing (TIF) request from Hillcrest Development. 5/2/00 5/2/00 City Manager, Gilligan, Thistle meet with development team to discuss TIF request with Hillcrest. 5115100 5115100 Work session with City Council. Letter sent to Ramsey County on TIF plan. 6/13/00 City Council/Housing and Redevelopment Authority (HRA) calls for a public hearing on new TIF District and decertify old TIF District. 6/14/00 City notifies School Board and County Boards about new TIF District. 7/12/00 Notice of 7/25 hearing faxed to St. Anthony Bulletin. 7/12/00 Notice of 7/25 hearing published in Bulletin. 6/20/00 Planning Commission reviews TIF plan and makes recommendation to Council. 6/27/00 Public hearing to adopt business subsidy policy. 7/25/00 Public hearing on new TIF District and public hearing to decertify parcels from District by City Council. 8/8/00 Approve developers agreement and business subsidy agreements with Hillcrest i . MEMORANDU1yI DATE: 6/6/00 TO: City Manager Morrison FROM: Assistant City Manager Isom �l RE: UPDATE OF THE CRITICAL PATH FOR PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE/PROCESS AND HILLCREST DEVELOPMENT'S REDEVELOPMENT OF APACHE PLAZA PROPERTY To date the"Critical Path"is amended as follows: Critical Path/Important Dates Target Complete Task 4/18/00 4/18/00 Planning Commission meeting. Commission approved an amendment to the Comprehensive Plan. Commission to ask Hillcrest to withdraw their request for zoning map change and zoning code amendment. 4/25/00 4/25/00 City Council meeting. Council to consider an amendment to the Comprehensive Plan. 4/27/00 4/26/00 Planning Consultant. Consultant to submit"Application for Comprehensive Plan Amendment"to Metropolitan Council. Planning Consultant to facilitate the approval of said amendment. 5/2/00 5/2/00 Planning Commission work session. Commission to hold work session with Planning Consultant,staff,and Hillcrest to discuss the draft PUD ordinance and process. 5/9/00 5/10/00 Planning Consultant. Consultant to submit final PUD ordinance and related forms, applications,etc.to stab. Said ordinance and related documents shall be"approved as to form"by City Attorney Soth. Additionally,Consultant to work with Hillcrest to prepare them for the PUD process. 5/15/00 5/15/00 City Council work session. Council to hold work session with Planning Commission Representative,Planning Consultant,staff,and Hillcrest to discuss PUD ordinance and process. 5/16/00 5/16/00 Planning Commission meeting. Commission to hear PUD ordinance. Commission, Consultant,and staff to hold/hear Hillcrest Development's"Application Conference" and"Sketch Plan." 5/23/00 5/23/00 City Council meeting. City Council to hear the PUD ordinance(one reading). 6/6/00 6/6/00 Planning Commission work session. Commission to hold work session with Planning Consultant,staff,and Hillcrest. i 2 « 6/20/00 ---- Planning Commission meeting. Commission to hear(Public Hearing) Preliminary Development Plan"(PUD/site specific)and make recommendations for approval or denial of said plan. Commission also to hear(Public Hearing)plan for Tax Increment Financing(TIF). 6/27/00 ---- City Council meeting. Council to hear Preliminary Development Plan (PUD/site specific). 7/18/00 ---- Planning Commission meeting. Commission to hear"Final Development Plan"for the Apache Plaza(building specific). 7/25/00 ---- City Counicl meeting. Council to hear Final Development Plan(building specific). Council to direct staff/Consultant to prepare findings of fact consistent with approval/ denial and to return with a final PUD agreement. 8/8/00 ---- City Council meeting. Council to approve findings of fact and PUD agreement. The Development Review Committee for this project is: Doug Bergstrom,John Shardlow,Bill Soth and me. John Shardlow is the point of contact for this project and is working with City Attorney Soth,Hillcrest,and staff to meet all target dates. It should be noted that the"Critical Path/Important Dates"may change depending on the outcomes of the Council and Commission meetings. Cc: City Clerk Kroeplin Planning Consultant Shardlow City Attorney Soth HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA June 13, 2000 PAGE(S) I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JUNE 13, 2000 H.R.A. AGENDA. IV. CONSENT AGENDA .............................................................. 1 - 3 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. V. GENERAL POLICY BUSINESS OF THE H.R.A. ........................... 4 - 9 A. Review business terms with Hillcrest Development (for Apache property). .................................... 4 - 5 B..- H.R.A. .Resolution..00-005, re: Call for hearing_ on Business Subsidy Policy ............................ 6 - 8 C. H.R.A. Resolution 00-006, re: Call for hearing on granting business subsidy for Hillcrest Development ...................................................... 9 VI. STAFF REPORTS. VII. H.R.A. COMMISSIONER COMMENTS. VIII. INFORMATION AND ANNOUNCEMENTS. IX. ADJOURNMENT. IV. CONSENT AGENDA. HRA Meeting Minutes.- May 23, 2000. • Claims. 0 1 CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 MAY 23, 2000 4 I. CALL TO ORDER. 5 Chairman Cavanaugh called the meeting to order at 9:10 p.m. 6 II. ROLL CALL. 7 Commissioners present: Chairman Cavanaugh, Vice Chair Thuesen, Commissioners Sparks 8 Horst, and Hodson. 9 Commissioners absent: None. 10 Also present: Executive Director Michael Mornson; City Attorney William Soth. 11 III. APPROVAL OF MAY 23, 2000 H.R.A. AGENDA. 12 Motion by Horst to approve the May 23, 2000 H.R.A. agenda as presented. 13 Motion carried unanimously. 14 IV. CONSENT AGENDA. #17 Motion by Sparks to approve the Consent Agenda as presented,which included: 1. Housing and Redevelopment Authority Meeting Minutes of April 25, 2000; 2. Claims for the H.R.A. 18 Motion carried unanimously. 19 V. GENERAL POLICY BUSINESS OF THE H.R.A. 20 None. 21 VI. STAFF-REPORTS. 22 Executive Director Michael Mornson stated that he had received inquiries on the lots on Kenzie 23 Terrace. 24 Additionally, Staff has been working with The Hitching Post to finish their landscaping by the 25 end of June. 26 Mornson wished to alert the Commission that the H.R.A. will be reviewing some items on 27 Apache Plaza in the near future. 28 Lastly, Mornson noted that John Shardlow is working with Assistant City Manager Spencer Isom 29 on the Metropolitan Communities Grant. This would be a match-for-match grant, similar to the 30 DNR funds, and that issue will be on an H.R.A. agenda in the near future as well. ei VII. H.R.A. COMMISSIONER COMMENTS. 32 None. Housing and Redevelopment Authority Meeting Minutes May 23, 2000 Page 2 VIII. INFORMATION AND ANNOUNCEMENTS. 2 None. 3 IX. ADJOURNMENT. 4 Motion by Thuesen to adjourn the meeting at 9:12 p.m. 5 Motion carried unanimously. 6 Respectfully submitted, 7 Sue Selseth 8 TimeSaver Off Site Secretarial, Inc. i • Following are the claims for the June 13, 2000 HRA meeting: 1. Dahlgren, Shardlow and Uban. ......................... $905.00 Write Comprehensive Plan Amendment 2. Midwest Planning & Design...............................$21.25 Review Kenzie Terrace 3. Stuart J. Bonniwell ......................................$2,500.00 1999 Audit & Financial Report 4. Dorsey & Whitney ......................................$1,310.00 Hillcrest Development - Apache Plaza 5. Dorsey & Whitney ......................................$2,320.00 Apache Plaza TIF Matters - Hillcrest V. GENERAL POLICY BUSINESS OF THE H.R.A. • Review business terms with Hillcrest Development. • H.R.A. Resolution 00-005, re: Call for hearing on Business Subsidy Policy. • H.R.A. Resolution 00-006, re: Call for hearing on granting business subsidy to Hillcrest Development. • 85 E. SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2887 651-223-3000 FAX:651-223-3002 SPRINGSTED . Public Finance Advisors MEMORANDUM TO: Mike Mornson, City Administrator, City of St. Anthony CC: Robert Thistle, Executive Vice President, Springsted FROM: Paul T. Steinman, Client Representative DATE: June 7, 2000 SUBJECT: Hillcrest/Apache Redevelopment Proposal . The purpose of this memo is to outline the major Apache. Plaza redevelopment deal points in response to the proposal from Hillcrest Development and Krass Monroe, P.A. This memo is a result of several meetings and discussions which have occurred over the past several months regarding this project. The project is conceptually structured as follows: • Drop four parcels from existing TIF District, subsequently creating a new district containing the four dropped parcels and one additional parcel (Taco Bell). The four parcels proposed to be dropped include: ■. A vacant city.-owned site of.approximately 55,504 square feet. ■ The vacant former New Market site of approximately 320,601 square feet ■ A vacant parcel of approximately 13,016 square feet ■ Apache Plaza —with a land area of approximately 1,108,910 square feet • Complete rehabilitation of Apache Plaza with a potential new market value of approximately $70 square foot. • Provide increment to the developer in the amount of approximately $4 million (present value) or$10 million gross. • Provide increment to the City to complete storm water improvements in the amount of approximately $1 million (present value) or$2.3 million gross. • Decertify district in 2018. • Developer agrees to enter into a minimum assessment agreement Issues for Council discussion: • Amount of developer subsidy -$4 million requested (present value) • City participation in storm water improvements -$1 million ■ Scenario A: $1 million taxable GO Tax Increment Bond SAINT PAUL,MN • MINNEAPOLIS,MN • MILWAUKEE,WI • OVERLAND PARK,KS • WASHINGTON,DC • DES MOINES,IA Page 2 . Scenario B: $750,000 taxable GO Tax Increment Bond plus $250,000 tax exempt Storm Water Utility Bond (a rate increase would need to be put in place to raise $ to pay debt service on these Utility Bonds) City may avoid LGA/HACA penalty by using this scenario. • LGAMACA penalty vs Local Contribution ■ LGAMACA penalty estimate is $485,000 (present value) or $1.87 million gross. ■ Avoid LGA/HACA penalty by making annual local contribution equal to 5% of annual increment received - approximately $290,000 (present value) or $730,000 gross. ■ If scenario B above, then determine if tax exempt portion can make up a portion of the local contribution, thereby avoiding the LGA/HACA penalty. ■ A LGA/HACA penalty cash flow will be provided for review by the council at its meeting on June 13. • Fiscal disparities from inside TIF District vs outside TIF District • Fiscal disparities rate for St. Anthony is 21.1498% • If from within the District, then there is approximately 21.1498% less increment to work with on an annual basis — increasing the number of years necessary to provide the dollars for the developer incentive and public improvements. • Council can choose to have fiscal disparities taken from within the TIF District, or spread city-wide. • Fiscal disparities is being spread city-wide in all the other applicable TIF . Districts currently active within the city. ■ An impact analysis showing the effect of spreading fiscal disparties from the proposed District will be provided for review by the council at its meeting on June 13. 6 DORSEY & WHITNEY LLP MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS SEATTLE MINNEAPOLIS, MINNESOTA 55$402-1498 MISSOULA DENVER TELEPHONE: (612) 340-2600 BRUSSELS WASHINGTON,D.C. FAX: (612) 340-2868 FARGO DES MOINES JEROME P.GILLIGAN HONG KONG ANCHORAGE (612)340-2962 FAX(612)340-2644 ROCHESTER LONDON giWgan.jerome @dorseylaw.com SALT LAKE CITY COSTA MESA VANCOUVER June 7, 2000 Mr. Michael Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mike: Enclosed are the following resolutions for consideration at the HRA/City Council meeting on June 13": 1. Resolution of the HRA calling for a public hearing on June 27Th on the adoption of criteria for granting business subsidies. aS 2. Resolution of the HRA calling for a public hearing on July'L9;1' on the granting of a business subsidy to Hillcrest Development in the form of tax increment financing assistance in connection with its acquisition and renovation of Apache Plaza Shopping Center. 3. Resolution of City Council calling for a public hearing on amendments to the Apache Plaza Redevelopment Plan and Redevelopment Project and existing Apache Plaza TIF Plan and on the proposed new TIF Financing Plan. The notice for each public hearing needs to be published in the City's official newspaper once not less than 10 days prior to the public hearing. It is my understanding that you have already published the notice for the June 27`h public hearing on the adoption of the criteria for awarding business subsidies. I will prepare the notices for the public hearings to be held by the HRA and City . Council on July 25' and furnish them to you. DORSEY & WHITNEY LLP Mr. Michael Mornson June 7, 2000 Page 2 - The public hearing to be held by the City Council on July 25`h on the amendment to the Apache Plaza Redevelopment Plan, Redevelopment Project and TIF Plan and the proposed new TIF Plan relate to the proposal to eliminate parcels from the existing Apache Plaza TIF District and form a new TIF District containing these parcels. A draft of the new TIF Plan needs to be furnished to the County and School District not less than 30 days prior tot he public hearing. The adoption of these resolutions is the next step in the proposed TIF assistance for Apache Plaza renovation. By adopting the resolutions the HRA and City Council are not in any manner committing to provide such assistance. Should you have any questions, please call me. Yours truly, Jero e P. Gilligan r' JPG:cmn Enclosures cc: Paul Steinman CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION 00-005 . RESOLUTION RELATING TO BUSINESS SUBSIDIES; CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES BE IT RESOLVED by the Board of Commissioners of Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: SECTION 1. RECITALS 1.01. Minnesota Statutes, Sections 116J.993 to 116J.995 (the"Act"), provides that the HRA, as a local government agency within the meaning of the Act, may not grant a business subsidy, within the meaning of the Act, until it has adopted criteria, following notice and a public hearing, for awarding business subsidies. 1.02. There has been filed with the Executive Director of the HRA a draft of proposed criteria for the granting of business subsidies by the HRA. SECTION 2. PUBLIC HEARING. 2.01. A public hearing on the adoption of criteria for the awarding of business subsidies is . hereby called and shall be held on June 27, 2000, at 7:00 p.m., in the City Council Chambers in the St. Anthony City Administrative Offices, 3301 Silver Lake Road in the City of St. Anthony. 2.02. The Executive Director shall cause notice of the public hearing to be published in the official newspaper of the HRA and a newspaper of general circulation in the City of St. Anthony at least once not less than 10 days prior to the date fixed for the public hearing. 2.03. A draft copy of the proposed criteria referenced.in Section 1.02 shall be.available for- public inspection, following publication of the notice of public hearing at the St. Anthony City Administrative Offices, between the hours of 8:00 a.m. and 4:30 p.m., on normal business days. Adopted this day of . , 2000. Chair Executive Director CITY OF ST. ANTHONY HOUSING .AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION 00-006 • RESOLUTION RELATING TO BUSINESS SUBSIDIES; CALLING FOR A PUBLIC HEARING ON THE GRANTING OF BUSINESS SUBSIDY BE IT RESOLVED by the Board of Commissioners of Housing and Redevelopment Authority of St. Anthony, Minnesota(the"HRA"), as follows: SECTION 1. RECITALS 1.01. Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act"), provides that the HRA, as a local government agency within the meaning of the Act, before granting a business subsidy, within the meaning of the Act, that exceeds $100,000 must provide public notice and a hearing on the subsidy. 1.02. Hillcrest Development has requested that the HRA provide tax increment financing assistance to it or a related entity in connection with the proposed acquisition and rehabilitation of Apache Plaza Shopping Center located at 39' Avenue and Silver Lake Road in the City of St. Anthony and adjacent parcels. SECTION 2. PUBLIC HEARING. 2.01. A public hearing on the granting of business a subsidy in the form of tax increment financing assistance in connection with the proposed acquisition and rehabilitation of Apache Plaza Shopping Center and adjacent parcels is hereby called and shall be held on July 25, 2000, at 7:00 p.m., in the City Council Chambers in the St. Anthony City Administrative Offices, 3301 Silver Lake Road in the City of St. Anthony. 2.02. The Executive Director shall cause notice of the public hearing to be published in the _. official newspaper of.the.HRA and.a newspaper of general circulation in the.City of St. Anthony at-least once not less than 10 days prior to the date fixed for the public hearing. 2.03. Information about the proposed business subsidy, including a draft copy of the proposed business subsidy agreement, shall be available for public inspection, following publication of the notice of public hearing, at the St. Anthony City Administrative Offices, between the hours of 8:00 a.m. and 4:30 p.m., on normal business days. Adopted this day of 2000 . Chair Executive Director