HomeMy WebLinkAboutCC PACKET 05112004 Meeting Sheet
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Folder. CC PACKETS 2001-2004
Document: CC PACKET 05112004
CITY OF ST. ANTHONY
Our Mission is to be progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
May 11, 2004
7:00 PM
Council Chambers
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the May 11, 2004, City Council Meeting Agenda.
Action requested.
II. Proclamations and Recognitions.
III. Consent Agenda..
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.
A. Approve-April 27, 2004, Regular Council Meeting minutes. (pp. 1-12)
B. Licenses and Permits. (pp. 13)
C. Claims. (pp. 14-16)
IV. Public Hearings.
V. Reports from Commissions.
A. Parks Commission—Carol Jindra, Chair
VI. General Policy Business of the Council.
A. Resolution 04-039 & 04-040; Sale of GO Bonds for 2004A& B; Jim
Prosser, Ehlers & Associates. (action requested) (pp. 17-64)
B. Resolution 04-041; Approve New Date for Phase II of Silver Lake
Village; Stacie Kvilvang, Ehlers & Associates. (action requested)
(pp. 65-72)
C. Charitable Gambling Ordinance, Jerry Gilligan, Dorsey
&Whitney. (1st Reading) (action requested) (pp. 73-76)
D. Resolution 04-027 & 04-028 Police Contracts with Falcon Heights and
Lauderdale respectively. (action requested) (pp. 77-93)
VII. Reports From City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address the City Council about any item no included on the regular agenda.
Speakers are requested to come to the podium,sign their name-and address.on the form at
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 of direct the matter to be
scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. . Adjournment.
01
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 APRIL 27, 2004
6
7 CALL TO ORDER.
8 Mayor Pro Tem Thuesen called the meeting to order at 7:01 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Pro Tem Thuesen invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Pro Tem Thuesen; Councilmembers Horst, Stille, and Faust.
15 Absent: Mayor Hodson.
16 Also Present: City Manager Mike Morrison and City Attorney Jerry Gilligan.
17
18 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF APRIL 27,2004, CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Horst, seconded by Councilmember Faust, to approve the City
23 Council Meeting Agenda of April 27, 2004.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 A. Presentation of plaque to City Clerk.
29 Mayor Pro Tem Thuesen asked City Clerk Connie Kroeplin to come forward. He presented her
30 with a plaque that recognized her 24 years of service with the City and added 16 of those years
31 Ms. Kroeplin was in the position of City Clerk. He congratulated Ms. Kroeplin and stated he
32 admired the work she had done for the City. The Council wished her well.
33
34 Mayor Pro Tem Thuesen indicated the City has excellent employees who give a lot to the
35 community.
36
37 III. CONSENT AGENDA.
38 A. Approve April 13, 2004, regular Council meeting minutes.
39 B. Consider licenses and permits.
40 C. Consider payment of claims.
41
42 Motion by Councilmember Stille, seconded by Councilmember Faust, to approve the Consent
43 Agenda.
44
45 Motion carried unanimously.
46
City Council Regular Meeting Minutes 02
April 27, 2004
Page 2
1 IV. PUBLIC HEARINGS FOR IMPROVEMENT PROJECT FOR 39TH AVENUE NE AND
2 FOR SAID ASSESSMENTS FOR THE PROJECT.
3 Mayor Pro Tern Thuesen opened the public hearing at 7:05 p.m.
4
5 Todd Hubmer, WSB and Associates, Inc., noted the following resolutions were currently before
6 Council for its consideration:
7 1. A resolution ordering improvements. He explained this resolution stated that Council
8 had completed the public hearing process and ordered the project to be completed.
9 2. A resolution adopting and confirming assessments for the various public improvements.
10 He noted assessments which were calculated in accordance with the City's assessment
11 policy for the 39th Avenue Street and Utility Improvement Project were provided to
12 Council, declared the amount to be assessed at$2,205,000 and outlined the assessment
13 process in accordance with Minnesota Statutes Chapter 429.
14 3. A resolution awarding a bid for Phase 1: 39`h Avenue street and utility improvements.
15 He indicated this resolution awarded the contract for Phase 1 to the lowest bidder, which
16 was Veit and Company,Inc., with a bid amount of$399,999.
17
18 Mr. Hubmer stated this project consisted of street reconstruction, new construction and
19 replacement of water main, sanitary sewer and storm sewer on 39th Avenue NE from Stinson
20 Boulevard to Silver Lake Road. He noted the anticipated cost of the project was as follows:
21 street reconstruction at $1,320,000; sanitary sewer improvements at $231,000; water main
22 improvements at$200,000; storm sewer improvements at $280,000; pond improvements at
23 $569,000; sidewalk, pedestrian trail and street lighting at $380,000. He added the anticipated
24 total was$2,980,000.
25
26 Mr. Hubmer stated it was proposed the project would be funded from the following sources:
27 Federal grant at$750,000; special assessments at $2,205,000; a City contribution of$25,000.
28
29 Mr. Hubmer explained the adjacent property owners would be assessed according to the City's
30 assessment policy based on front footage and would be assessed 50% of the street reconstruction
31 cost from Stinson Boulevard to Silver Lake Road. He added a storm sewer assessment would
32 also be levied on those parcels.
33
34 Mayor Pro Tern Thuesen reviewed the public hearing procedures and asked if there were any
35 comments or questions from the audience. No one came forward.
36
37 Councilmember Faust indicated the City had received$750,000 from the Federal government,
38 which normally did not happen. He noted taxpayers would have needed to pay that amount
39 without the grant and stated he wanted to acknowledge the efforts of City staff and the Council
40 to obtain the funding.
41 -
42 Mayor Pro Tem Thuesen closed the public hearing at 7:15 p.m.
43
44 City Attorney Gilligan noted he had received a few letters from property owners protesting the
45 special assessments.
46
City Council Regular Meeting Minutes
April 27, 2004
Page 3 03
1 Mr. Hubmer indicated he also had received letters from Equinox Apartments, as well as Cub
2 Foods and the tenants of Apache Commons, which reserved their rights to appeal the
3 assessments.
4
5 Mr. Gilligan explained there was a right to appeal special assessments under Minnesota law and
6 either an appearance before Council or the submission of a written appeal was necessary to
7 preserve that right.
8
9 A. Resolution 04-036, re: Ordering street and utility improvements
10 Mr. Hubmer indicated this resolution authorized the project to proceed and stated ten days
11 mailed notice and two weeks published notice in advance of the current hearing was given,
12 noting all persons desiring to be heard at the hearing were given an opportunity to be heard.
13
14 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04-
15 036 ordering improvements, which consisted of street reconstruction, new construction and
16 replacement of water main, sanitary sewer and storm sewer on 39`h Avenue NE from Stinson
17 Boulevard to Silver Lake Road.
18
19 Discussion:
20
21 Councilmember Horst stated he wanted to clarify the appeal process, as no one came forward to
22 speak against the assessments. Mr. Gilligan explained residents who wished to appeal the
23 assessments either needed to appear at the current hearing or file an appeal prior to the hearing.
24 He added only those who had filed an appeal via letters preserved their right to take the issue to
25 court for appeal, as the public hearing was closed.
26
27 _Motion carried unanimously,
28
29 B. Resolution 04-037, re: Confirming assessments.
30 Mr. Hubmer explained the assessments would be spread over a period of 15 years and the total
31 value of the assessments was $2,205,000.
32
33 Motion by Councilmember Stille, seconded by Councilmember Faust, to adopt Resolution 04-
34 037 adopting and confirming assessments for 39th Avenue street and utility improvements.
35
36 Discussion:
37
38 Mr. Hubmer stated one question that was consistently asked regarding assessments was if an
39 individual assessment could be paid without any interest being added. He explained that the
40 owner of any assessed property might, at any time prior to certification, make partial or full
41 payments toward the balance owed. He added the owner might, at any time after certification,
42 pay the entire assessment, with interest accrued to the date of payment, except no interest would
43 be charged if the entire assessment was paid by November 30 of the assessment year.
44
45 Councilmember Horst asked regarding the interest rate. Mr. Hubmer responded the rate was the
46 bond interest rate plus two points, which had been between 3% and 5%.
City Council Regular Meeting Minutes
April 27, 2004 •04
Page 4
1
2 City Manager Morrison noted letters were sent to the affected property owners explaining the
3 options available to them. He indicated the letters would probably be sent sometime in the fall.
4
5 Motion carried unanimously.
6
7 C. Resolution 04-038, re: Award construction bid.
8 Mr. Hubmer noted this resolution awarded a contract for Phase 1 of the 39`h Avenue
9 reconstruction, which included storm sewer, water main, sanitary sewer and appurtenant work.
10 He stated no street reconstruction would be completed with this phase of the project, as
11 requirements must be met before the Federal funds could be received. He added that was why
12 the project was in two phases, noting it was anticipated Phase 2 would begin sometime in July.
13
14 Mr. Hubmer indicated the low bidder was Veit and Company, Inc., Rogers, Minnesota, in the
15 amount of$399,999.
16
17 Motion by Councilmember Horst, seconded by Councilmember Faust, to adopt Resolution 04-
18 038 awarding a bid for Phase 1 (39`h Avenue street and utility improvements) to Veit and
19 Company, Inc., Rogers, Minnesota, in the amount of$399,999.
20
21 Discussion:
22
23 Councilmember Horst asked if it was true that street paving would not be done in the first phase.
24 Mr. Hubmer responded that was correct, as the pavement would be done as part of Phase 2. He
25 indicated Phase 1 consisted of putting in utilities from Silver Lake Road to the existing 39`h
26 Avenue and all of the road work, street work and utilities on the west side of the project would
27 be completed in Phase 2. He explained additional reasons for the phasing were as follows:
28 1. Some of the utilities needed to be installed before the foundation area of Apache Mall
29 was filled, which would save money because that area would not need to be reopened at a
30 later time.
31 2. Utilities were needed so construction could begin on the adjacent stores.
32
33 Councilmember Horst asked regarding the street that went to the liquor store. Mr. Hubmer
34 responded that street segment would be finished before the liquor store was completed, which
35 would also be part of Phase 2.
36
37 Councilmember Stille asked if the phasing of the project was because of funding. Mr. Hubmer
38 responded the project needed to be split into two phases, as it was necessary to complete the
39 approval process to receive the $750,000 Federal grant.
40
41 Councilmember Stille asked regarding the large differences between the bids. Mr. Hubmer
42 responded the project estimate was $547,000; however, he thought Veit and Company's low bid
43 indicated they wanted to keep control of the site, as they were doing the demolition of Apache
44 Mall.
45
46 Motion carried unanimously.
City Council Regular Meeting Minutes
April 27, 2004
Page 5
1
2 V. REPORTS.
3 A. Presentation of Police Department 2003 Annual Report by Captain Ohl.
4 Captain Ohl reviewed the Part I and II crime statistics as they had occurred in Saint Anthony
5 Village over the past five years. He noted the overall clearance rate in 2003 was 55% and
6 indicated there was a slight increase in Part II criminal offenses of approximately 1% and an 8%
7 increase in Part I offenses.
8
9 Captain Ohl noted the Department had a consistently high crime clearance rate, adding it was
10 higher than the overall rate in Hennepin and Ramsey Counties. He cited a proactive patrol force
11 as one of the reasons for the high clearance rate, noting the patrol force did pursue many of the
12 offense reports and actually cleared them.
13
14 Captain Ohl indicated Part I crimes such as burglary and larceny had increased, which was
15 typical for a first-ring suburb. He noted it was one of the prevalent problems in the City.
16
17 Councilmember Horst asked if shoplifting was considered larceny. Captain Ohl responded
18 shoplifting was essentially a theft and larceny was a type of theft.
19
20 Discussion followed regarding the definitions of larceny, theft and burglary. Captain Ohl
21 indicated most of the incidents were thefts from automobiles, shoplifting, etc.
22
23 Captain Ohl displayed a chart that listed Part I crimes per month. He noted there appeared to be
24 a higher rate of motor vehicle thefts, especially in January, and speculated that could be caused
25 by more people leaving their cars running.
26
27 Captain Ohl indicated the Department was cognizant of and working towards diminishing the
28 number of property crimes. He added crimes against persons, as they related to Part II offenses,
29 were substantially less.
30
31 Captain Ohl displayed a chart that listed Part II crimes per month. He asked Council to note the
32 wide gamut covered by Part II crimes, indicating they ranged from DWI arrests to domestic
33 assault to certain types of fraud and forgery.
34
35 Captain Ohl discussed the call load of the Police Department and gave statistics regarding the
36 calls to which the Department responded. He stated the Department appreciated calls from
37 residents regarding suspicious persons and vehicles, adding those types of calls were increasing.
38 He noted residents knew what was suspicious within their neighborhoods and stated the
39 Department needed the public's help and direction regarding its responses within specific areas.
40
41 Mayor Pro Tem.Thuesen asked if Captain Ohl had a rough estimate regarding the percentage of
42 calls from residents that prevented a crime in progress. Captain Ohl responded the vast majority
43 of the calls represented a "cousin coming into town late at night" or a neighbor who locked
44 himself out of his house and was crawling into his window. He noted he did not have a statistic
45 to give; however, he added, when a burglar was caught, it was because a neighbor knew
46 something was amiss.
City Council Regular Meeting Minutes
April 27, 2004 Os
Page 6
1
2 Captain Ohl provided information related to the 2003 investigative totals, noting, including the
3 contract cities, there were a total of 1,097 criminal cases and 574 of them were cleared. He
4 indicated the Saint Anthony Village portion of those numbers was 676 criminal cases with 367
5 cleared, which was a respectable statistic. He commended the patrol staff for the number of
6 cases cleared by arrest and listed other ways cases could be cleared.
7
8 Captain Ohl provided a list of 2003 Department accomplishments and noted the Department had
9 kept turnover at almost zero during 2003. He noted it was expensive to bring in an officer and
10 train him/her and it was "a shame" when officers took their talents away from the City.
11
12 Captain Ohl stated the Department maintained a representation in Family Services Collaborative,
13 which had been good for the Police Department and the citizens and children in Saint Anthony
14 Village.
15
16 Captain Ohl explained the Department was working hard to address weapons of mass destruction
17 and potential terrorist incidents, stating it was getting as ready as possible. He stated each of the
18 City's officers had been through training and protective gear for first responders was obtained
19 through grants. He noted this would continue in 2004.
20
21 Captain Ohl indicated the Police Department was dedicated to a community-oriented policing
22 strategy, which was to arrest offenders, prevent criminal offenses,problem solve within the
23 community and improve the overall quality of life for the City's citizens.
24
25 Mayor Pro Tem Thuesen asked Captain Ohl to briefly discuss the police reserves, noting he was
26 impressed by the number of hours given through the police reserves. Captain Ohl responded he
27 would have a hard time putting a dollar amount on the time given through the police reserves,
28 stating it was an excellent resource for the Department. He indicated there were 10 current
29 reserves and the Department had an allotment of 14 reserves. He noted, currently, the majority
30 of the reserve officers were not interested in pursuing a career in law enforcement. He added it
31 was almost impossible to think of operating without the reserves.
32
33 Councilmember Faust stated he wished to compliment the Police Department on its
34 responsiveness during difficult budget times and thanked all the officers who were "out there"
35 every day, as they were a good connection with the community. He noted National Night Out
36 helped Police Department personnel connect residents and "put a face behind the badge."
37
38 Captain Ohl indicated the officers were supportive of the Council, the Mayor and City staff. He
39 added the officers felt "very supported"by the City Council.
40
41 Councilmember Stille stated he understood the Cities of Falcon Heights and Lauderdale
42 appreciated the work done by the City's Police Department. He added he was proud the City of
43 St. Anthony Village could offer police services to those communities, especially because of the
44 way the City's Police Department operated. Captain Ohl responded the Department received
45 many letters from Falcon Heights when it first took the contract. He added he was proud to
City Council Regular Meeting Minutes
April 27, 2004 07
Page 7
1 move the type of law enforcement services experienced in the City of St. Anthony Village to
2 another community.
3
4 Councilmember Horst indicated he echoed the viewpoints just given. He added the Police
5 Department was a true asset to the community and made the City a safer place.
6
7 Mayor Pro Tern Thuesen stated he appreciated the effort of all the men and women of the City's
8 police force and indicated they did a great job for the community.
9
10 B. Presentation of Fire Department 2003 Annual Report by Fire Chief Hewitt
11 Fire Chief Hewitt stated it was fitting the Fire Department was present at the same meeting as the
12 Police Department, as they worked hand in hand. He added "hats off to Captain Ohl and the
13 Police Department for assisting us."
14
15 Fire Chief Hewitt indicated the mission of the Fire Department was "to serve the City of St.
16 Anthony by protecting lives, property and the environment through quality and excellence in fire
17 and EMS services."
18
19 Fire Chief Hewitt explained the Fire Department had a staff of one fire chief and six career
20 firefighters, who staffed three shifts 24/7/365. He added the Department also had 26 paid-on-call
21 firefighters, who supported career personnel during critical incidents. He noted the paid-on-call
22 firefighters also provided additional functions for the Department on any fire incident.
23
24 Fire Chief Hewitt indicated all Fire Department personnel were professionally trained in fire and
25 EMS skills, adding the Department had six new recruits in training.
26
27 Fire Chief Hewitt stated the Department operated three pumping engines, one utility truck, a
28 utility car, a command vehicle and currently operated out of the temporary station with one
29 engine located at the Public Works building.
30
31 Fire Chief Hewitt listed the various ways in which the Fire Department was involved in the
32 community.
33
34 Fire Chief Hewitt explained there were 901 incidents in 2003, with 65% of those incidents
35 requiring EMS services. He noted the average response time in 2003 was 3 minutes and 10
36 seconds, which was a little higher than 2002 because of the Fire Department's temporary
37 location.
38
39 Fire Chief Hewitt indicated the fire loss in 2003 was $36,150 and the Department saved 90% of
40 the property to which it was called. He added the short response time was due to 24/7 staffing
41 and well-trained personnel.
42
43 Fire Chief Hewitt listed the types of training received by Fire Department personnel. He noted
44 physical fitness training was important and cited statistics regarding firefighters who died
45 because of cardiac arrest.
46
City Council Regular Meeting Minutes 08
April 27, 2004
Page 8
1 Fire Chief Hewitt showed a clip of firefighters during a training exercise. He noted such training
2 taught participants to work as teams.
3
4 Fire Chief Hewitt listed the significant incidents in the City during 2003.
5
6 Fire Chief Hewitt reviewed the following significant operational events of 2003:
7 1. Funding of$330,000 had been provided for a new pumper; however, a demonstrator was
8 found for$159,900, which enabled the Department to purchase equipment for the trucks.
9 2. Fire Department moved from its old quarters into the temporary location on August 9.
10 He stated they would hopefully be out of the temporary location by October of 2004.
11 3. Department went live on the County's 800 MHZ system on November 20. He indicated,
12 at this time, the largest quirk was that the surrounding communities were not at 800
13 MHZ. He added it worked very well but, hopefully, would become"seamless" in time.
14 4. New outdoor warning siren was installed at the south location in December. He noted the
15 siren was louder and provided better coverage to the community.
16
17 Fire Chief Hewitt listed the grants awarded to the Fire Department in 2003, which totaled
18 $186,735. He indicated the largest grant was $168,400 from FEMA Firefighters Assistance and
19 listed equipment and activities funded by this grant.
20
21 Fire Chief Hewitt stated the Fire Department had applied for the following grants in 2004:
22 1. Minnesota Department Homeland Security C.E.R.T.'s (Citizens' Emergency Response
23 Teams)Grant at$8,275. He noted this grant had been awarded the previous week.
24 2. FEMA Grant Firefighters Assistance at$397,000 to update equipment.
25
26 Fire Chief Hewitt noted the following goals for 2004:
27 1. Begin operating from the new station sometime in October.
28 2. Mandatory teambuilding sessions were held and seven different initiatives were
29 developed that would improve the organization over the next two to three years. He
30 added the document listing the initiatives would be posted in the fire station.
31
32 Fire Chief Hewitt listed the Housing Code enforcement incidents for 2003.
33
34 Fire Chief Hewitt thanked the following individuals and groups:
35 1. The firefighters and their families, as firefighting required dedication of the entire family
36 unit.
37 2. The City Council for its support over the past years and especially for its support
38 regarding the new fire station.
39 3. City Manager Momson for his support.
40 4. The citizens of St. Anthony Village.
41
42 Fire Chief Hewitt indicated his last day as Fire Chief for St. Anthony Village would be the
43 following Friday. He added he was thankful for the privilege of being the City's Fire Chief for
44 the past four years.
45
City Council Regular Meeting Minutes 09
April 27, 2004
Page 9
1 Councilmember Horst stated he wanted to personally thank Fire Chief Hewitt for his service
2 toward making the community safe.
3
4 Councilmember Stille thanked Fire Chief Hewitt for his service. He noted he attended the
5 organizational/operational assessment that was held and was impressed with the fact that
6 firefighters would take a calculated risk to save property; however, the risk taking went up
7 dramatically when a life was involved. He stated he wanted to thank all firefighters for that.
8
9 Councilmember Faust stated he was glad Fire Chief Hewitt had informed the residents of the
10 grant money received in 2003, as at times the departments were criticized for not actively
11 pursuing various funds. He added he was also pleased that the 2004 goals were outlined and that
12 "everyone bought into them." He noted the Department's goal setting happened after Council
13 had completed its goal setting and dovetailed into the City's goals.
14
15 Councilmember Faust indicated he wished Fire Chief Hewitt had highlighted the two firefighters
16 who received awards in 2003 for saving lives, as that was a significant accomplishment.
17
18 Councilmember Faust asked if the schools were relying on the external sirens for bad weather
19 warnings. Fire Chief Hewitt responded he believed most schools relied on the outdoor warning
20 system. He added he read about a request for parents to donate a Noaa radio to the principal's
21 office or clerk's staff so schools would be notified of an incident. He stated he hoped the
22 citizens would consider providing such equipment.
23
24 Councilmember Faust asked Mr. Morrison to "ask the question"regarding warning equipment
25 for the schools.
26
27 Councilmember Faust thanked Chief Hewitt for his years of service.
28
29 Councilmember Thuesen stated he knew that every classroom had a weather radio and utilized
30 the Internet for information.
31
32 Councilmember Thuesen stated teachers in childcare programs received first aid and CPR
33 training and many of those teachers were well prepared to handle a variety of emergencies until
34 medical help arrived. He thanked the Fire Department for the high quality training that was
35 given.
36
37 Councilmember Thuesen indicated he also appreciated the grant requests, as he knew it was time
38 consuming to put those proposals together. He stated he appreciated Fire Chief Hewitt's four
39 years of service, adding he would be missed.
40
41 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
42 A. Resolution 04-035, re: Adopt a hazard mitigation plan.
43 Fire Chief Hewitt noted Hennepin County Emergency Preparedness received a grant from the
44 Division of Homeland Security and Emergency Management to write a County-wide hazard
45 mitigation plan that encompassed all cities.within the County.
46
City Council Regular Meeting Minutes 10
April 27, 2004
Page 10
1 Fire Chief Hewitt explained the purpose of the plan was to identify hazards, risks, vulnerabilities
2 and measures that would prevent loss of life and damage to property while reducing future risks
3 in Hennepin County. He indicated the benefits of the hazard mitigation included but were not
4 limited to the following: saving lives and reducing injuries, preventing or reducing property'
5 damage, reducing economic losses, maintaining critical facilities in functioning order and
6 protecting critical infrastructure from damage. He added the hazards were listed and examined
7 for potential effects on Hennepin County and capabilities were analyzed, with local, state and
8 federal resources identified.
9
10 Fire Chief Hewitt stated acceptance of the plan did not incur direct costs but involved a paradigm
11 shift from the Emergency Plan being reactive to the Mitigation Plan being proactive. He noted a
12 copy of the Plan was on file in the City Clerk's office.
13
14 Fire Chief Hewitt requested Council approve acceptance of the Hennepin County Emergency
15 Preparedness Division Mitigation Plan.
16
17 Motion by Councilmember Faust, seconded by Councilmember Horst, to adopt Resolution 04-
1.8 035 to adopt by ordinance an All-Hazard Mitigation Plan.
19
20 Motion carried unanimously.
21
22 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
23 City Manager Morrison reported the following:
24 ■ Interviews for Fire Chief were taking place and a decision would be made by the end of
25 the week.
26 ■ The Public Works Department had officially taken over the Public Works building,
27 which was 98% complete. He indicated demolition of the existing building would be
28 done on Thursday, April 29. He added some of the building would be preserved for
29 storage purposes.
30
31 Mr. Mornson reported the following activities related to Silver Lake Village:
32 . A court hearing took place on April 26 regarding condemnation of certain properties,
33 which ruled in the City's favor.
34 ■ Building permits were pulled for improvements to Cub and for the liquor store.• He
35 indicated changes would be made so the entire area looked similar.
36 ■ Purchase Agreement for Tires Plus was signed.
37 ■ Plat was signed.
38 ■ PUD Agreement was signed.
39 ■ Planning Commission hearing for the final PUD on housing would be held in June or
40 July.
41 ■ A public hearing would be held on May 11 regarding condemnation of area properties.
42 ■ Ehlers' representatives would be present at the May 11 meeting to issue bonds.
43
44 Councilmember Horst reported Community Services had not held a Board meeting during the
45 current month, as a quorum was not reached. He noted there were a few positions open on the
46 Community Services Board and asked interested residents to consider serving on the Board.
City Council Regular Meeting Minutes
April 27, 2004 7 7
Page 11
1
2 Councilmember Horst indicated he attended a meeting for the Sister City Association and a few
3 major projects were being planned. He stated the high school choir would be making a trip to
4 Finland, where they would be performing several concerts. He noted the trip was partially .
5 funded by the Finlandian Foundation. He added St. Anthony Village would be visited by a
6 Finnish official in July.
7
8 Councilmember Horst stated the Sister City Committee was moving forward with the proposal
9 for a sculpture to be created by a Finnish artist, who would be working on the sculpture for two
10 months. He indicated the completed sculpture would be located somewhere in the City.
11
12 Councilmember Stille stated he had become a Kiwanis member since the last meeting and he
13 was willing to be an unofficial representative of the Council.
14
15 Councilmember Stille indicated he had the privilege of acting as a judge for the Villager of the
16 Year and Business of the Year competitions in March. He added the recipients were honored
17 with awards at the previous Chamber meeting. He noted Dave Halstensgard was named Villager
18 of the Year and stated Mr. Halstensgard was involved with many activities within the City. He
19 indicated Fitness Crossroads in the Saint Anthony Shopping Center received the Business of the
20 Year award for its unselfish management style and promotion of the community.
21
22 Councilmember Faust stated he attended a Mississippi Watershed organizational meeting on
23 April 16 for an initial review of 12 grants for projects within the District. He noted he talked
24 with Todd Hubmer of WSB and Associates regarding application for a grant on a worthy project
25 in Saint Anthony Village,realizing the City was a small part of that watershed district.
26
27 Councilmember Faust indicated he had discovered the City could not take homestead
28 applications for Ramsey County citizens, noting a third of the City was in Ramsey County. He
29 stated he talked with County Commissioner Wiessner regarding this issue, which resulted in the
30 applications now being available at City Hall.
31
32 Councilmember Faust reminded residents that Saturday, May 1, from 9:00 a.m. to 1:00 p.m. was
33 Cleanup Day. He indicated it was a good way for residents to dispose of those items that were
34 "hard to get rid of."
35
36 Mayor Pro Tern Thuesen cited the following activities within the City:
37 1. Village Gardeners annual plant sale was on Wednesday, May 12. He noted Village
38 Gardeners representatives would be there to answer questions. He added flyers were
39 available in the City offices.
40 2. The Grand Opening of the new Public Works facility was scheduled for Thursday, June
41 24, from 4:00 p.m. to 7:00 p.m., with a brief dedication ceremony at 5:30 p.m. He
42 encouraged residents to attend.
43 3. A garage sale was currently being held for the Patriots marching band and monies raised
44 went directly to the students who served in this organization.
45
City Council Regular Meeting Minutes 12
April 27, 2004
Page 12
1 VIII. COMMUNITY FORUM.
2 No one came forward to address Council.
3
4 IX. INFORMATION AND ANNOUNCEMENTS.
5 None.
6
7 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
8 None.
9
10 XI. ADJOURNMENT.
11 Mayor Pro Tern Thuesen adjourned the meeting at 8:35 p.m.
12
13
14 Respectfully submitted,
15
16
17 Marjorie R. Jenkins
18 Timesaver Off Site Secretarial, Inc.
19
20
21 Mayor
22 ATTEST:
23 City Clerk
13
Saint Anthony Village
DATE: May 11, 2004 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Vinco, Inc., Forest Lake, MN
Structures Hardscapes Specialists, Bloomington, MN
Skyline Neon Inc., Minneapolis, MN
Lawrence Sign Co, St. Paul, MN
Heating License:
Country Fireplace& Spas, Forest Lake, MN
Massage Business License:
Muscle &Body Massage Therapy, 3805 Stinson Blvd
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/04/2004 13: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
008242 AFFILIATED COMPUTER SERV 22488 05/12/04 1,037.68
008469 ALBIG TREE CARE 22489 05/12/04 450.00
007252 ALBRECHT 22490 05/12/04 1,362.87
008967 ALL-WOOD PRODUCTS 22491 05/12/04 25.00
008621. ALLIANCE MECHANICAL 22492 05/12/04 422.00
008900 APPLE BUSINESS FORMS, IN 22493 05/12/04 1,509.26
008909 ARCH WIRELESS 22494 05/12/04 21.81
008511 AT&T WIRELESS 22495 05/12/04 9.90
.00006 BLAINE LOCK & SAFE, INC. 22496 05/12/04 66.40
007253 BRAKE 6 EQUIPMENT WAREHO 22497 05/12/04 9.69
008652 CARTRIDGE CARE 22498 05/12/04 170.13
007386 CASTLE INSPECTION SERVIC 22499 05/12/04 7,711.65
002380 CENTERPOINT ENERGY MINNE 22500 05/12/04 6,417.18
000655 CLAREY'S SAFETY EQUIPMEN 22501 05/12/04 57,462.00
004107 COMPTON'S COMMERCIAL CLN 22502 05/12/04 3,860.63
008966 CULVERS 22503 05/12/04 252.28
000807 DIAMOND VOGEL PAINTS 22504 05/12/04 434.63
000200 EARL F. ANDERSEN, INC. 22505 05/12/04 594.99
000860 ENGSTROM/RICHARD 22506 05/12/04 482.66
008647 FRATTALLONE'S HARDWARE 22507 05/12/04 83.33
.00004 FREEDOM SERVICE STATION 22508 05/12/04 792.04
001030 G 6 K SERVICES INC 22509 05/12/04 448.65
007114 GENERAL SAFETY EQUIPMENT 22510 05/12/04 13.93
005121 HARTMAN/JAY 22511 05/12/04 71.08 _
001420 HAWKINS WATER TREATMENT 22512 05/12/04 1,236.04
008924 HCMC EMS EDUCATION 22513 05/12/04 1,080.00
001505 HENNEPIN COUNTY SHERIFF 22514 05/12/04 507.72
008252 HOME DEPOT-GECF 22515 05/12/04 147.41
009062 IPOWERWEB, INC. 22516 05/12/04 95.40
008707 J. SPANJERS CO., INC. 22517 05/12/04 3,800.00
007352 KATH FUEL OIL SERVICE 22518 05/12/04 159.75
001980 LEAGUE OF MN CITIES 22519 05/12/04 20.00
008791 LEAH KLU2 DESIGN 22520 05/12/04 1,350.00
008229 LOFFLER BUSINESS SYSTEMS 22521 05/12/04 110.23
005135 LUNDEEN/RICHARD 22522 05/12/04 11.25
008263 MCLEOD USA, INC. 22523 05/12/04 1,879.19
009046 METRO SYSTEMS 22524 05/12/04 3,135.96
007835 METROCALL 22525 05/12/04 231.42 -
002240 METROPOLITAN COUNCIL 22526 05/12/04 28,251.67
002060 MINNESOTA BOLT & NUT COM 22527 05/12/04 191.68
008803 MINNESOTA FIRE SERVICES 22528 05/12/04 15.00
008269 MINNESOTA SHREDDING LLC 22529 05/12/04 54.00
005204 MN DEPT PUBLIC SAFETY 22530 05/12/04 225.00
.00002 NATIVITY CHURCH 22531 05/12/04 37.50
.00001 NELSON/ELAINE 22532 05/12/04 525.57
008993 NERTEL COMMUNICATIONS 22533 05/12/04 251.38
008820 NORTHERN TRAFFIC SUPPLY, 22534 05/12/04 245.49
008601 NORTHSTAR CHAPTER 22535 05/12/04 50.00
Sh
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/04/2004 13: Check Register GL540R-V06.60 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
000045 OFFICE DEPOT 22536 05/12/04 340.73
008527 OLSEN FIRE INSPECTION, I 22537 05/12/04 290.00
009063 P & R PRODUCTS 22538 05/12/04 1,289.00
008811 PARK CONSTRUCTION 22539 05/12/04 69,810.06
008631 PARTS PLUS ROSEVILLE 22540 05/12/04 15.40
008805 PETTY CASH - BREMER BANK 22541 05/12/04 132.57
004372 PLUNKETT'S 22542 05/12/04 43.13
007057 PRAXAIR 22543 05/12/04 25.06
008928 RAK INDUSTRIES 22544 05/12/04 147.92
008462 RAMSEY COUNTY 22545 05/12/04 22.00
008520 SENSIBLE LAND USE COALIT 22546 05/12/04 30.00
.00007 SIMPLEXGRINNELL 22547 05/12/04 408.96
003155 ST ANTHONY FIRE RELIEF A 22548 05/12/04 6,000.00
003490 STREICHER'S 22549 05/12/04 4,264.60
008681 TAMARACK MATERIALS, INC. 22550 05/12/04 122.69
007337 TIMESAVER OFF SITE SECRE 22551 05/12/04 284.55
.00003 TWIN CITY HYDRO SEEDING 22552 05/12/04 3,334.10
008336 UNITED ELECTRIC COMPANY 22553 05/12/04 45.15
008561 UNITED RENTALS COMPANY 22554 05/12/04 182.13
008227 VERIZON WIRELESS, BELLEV 22555 05/12/04 230.97
004494 WASTE MANAGEMENT - BLAIN 22556 05/12/04 443.31
008273 WSB & ASSOCIATES, INC. 22557 05/12/04 5,658.50
002680 XCEL ENERGY 22558 05/12/04 6.28
007325 YOCUM OIL COMPANY, INC. 22559 05/12/04 12,058.29 _
BREMER BANK NA 232,506.85 ***
0�
i
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/04/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
009058 AMERICAN BOTTLING COMPAN 23269 05/12/04 . 67.20
008794 ARCTIC GLACIER INC. 23270 05/12/04 300.20
008511 AT&T WIRELESS 23271 05/12/04 83.13
004293 BELLBOY CORP. 23272 05/12/04 1,998.57
004080 CHISAGO LAKES DIST. CO., 23273 05/12/04 1,072.80
004085 CITY OF ST ANTHONY 23274 05/12/04 44.43
-004095 COCA COLA BOTTLING 23275 05/12/04 669.30
009017 D'VINE WINE DISTRIBUTORS 23276 05/12/04 164.20
008557 DAILEY DATA &-ASSOCIATES 23277 05/12/04 272.21
004120 EAGLE WINE CO 23278 05/12/04 524.23 .
004125 EAST SIDE BEVERAGE CO 23279 05/12/04 18,975.95
008697 EXTREME BEVERAGE 23280 05/12/04 300.00
001030 G & K SERVICES INC 23281 05/12/04 272.35 .
004172 GRAPE BEGINNINGS, INC. 23282 05/12/04 400.00
004175 GRIGGS COOPER & CO INC 23283 05/12/04 2,707.61
004207 HOHENSTEIN'S, INC 23284 05/12/04 969.85
004220 JOHNSON BROTHERS LIQUOR 23285 05/12/04 8,624.09
004230 KUETHER DISTRIBUTING CO 23286 05/12/04 16,990.85
002040 LILLIE SUBURBAN NEWSPAPE 23287 05/12/04 325.00
008229 LOFFLER BUSINESS SYSTEMS 23288 05/12/04 82.84
004265 MARK VII SALES INC 23289 05/12/04 10,197.98 '
008263 MCLEOD USA, INC. 23290 05/12/04 314.66 _
007120 MINNESOTA UC FUND 23291 05/12/04 4,100.62
008996 NEEDHAM DISTRIBUTING CO 23292 05/12/04 107.00
008883 NEW FRANCE WINE COMPANY 23293 05/12/04 627.00
004354 PAUSTIS & SONS 23294 05/12/04 350.90
004360 PHILLIPS WINE& SPIRITS 23295 05/12/04 2,467.58
004361 PINNACLE DIST. 23296 05/12/04 1,660.60
004376 PRIOR WINE CO 23297 05/12/04 704.99
004385 QUALITY WINE CO 23298 05/12/04 3,634.77
008316 WINE COMPANY/THE 23299 05/12/04 947.55
008310 WINE MERCHANTS INC 23300 05/12/04 948.69
004499 WORLD CLASS WINES, INC. 23301 05/12/04 439.25
LIQUOR CHECKING ACCOUNT 81,346.40 ***
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/04/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
002850 MEDICA CHOICE 23263 04/30./04 1,124.25
LIQUOR CHECKING ACCOUNT 1,124.25 ***
17
REQUEST FOR COUNCIL CONSIDERATION
i . . $ IOii
Report Date: May 5, 2004 �� �
y Ella e C�
Meeting Date: May 11 , 2004 Agenda Section: VI, A
ITEM DESCRIPTION:
Sale of General Obligation Temporary Bonds Series 2004B.
Sale of General Obligation Improvement Bonds Series 2004A
MANAGER'S REVIEW:
Resolution 04-039 is a temporary improvement bond that will provide
the City with the revenue needed to complete the W' Avenue Project
between Silver Lake Road and Stinson Boulevard. The funds to pay
back the bonds will come from Special Assessments against
benefiting property owners. The Federal Government with the
assistance of Congressman Sabo is providing $750,000 for the
project.
'Resolution 04-040 is a General Obligation Improvement Bond in the
amount of $1 ,790,000. This bond will provide the funding necessary
to construct the 2004 Street Project, which consists of Belden Drive,
Hilldale Avenue, 32nd Avenue, and Townview Avenue.
Jim Prosser, Financial Advisor from Ehlers and Associates will
present the details from the bid opening.
Recommendation:
Council Approval of Resolution 04-039 for Sale of General Obligation
Temporary Bonds Series 2004B and Resolution 04-040 for Sale of
General Obligation Improvement Bonds Series 2004A.
baJ
Michael Morrison
City Manager
2004 STREET & UTILITY IMPROVEMENTS
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18
Councilmember then introduced the following
resolution and moved its adoption:
RESOLUTION 04-039
RESOLUTION RELATING TO $2,075,000 GENERAL OBLIGATION
TEMPORARY IMPROVEMENT BONDS, SERIES 2004B;
AWARDING THE SALE, FIXING THE FORM AND DETAILS AND
PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND SECURITY THEREFOR AND LEVYING AD VALOREM
TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City 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 ordered the an improvement
project to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429,
consisting of various street improvements (collectively the "Improvements"). The present
estimated total cost of the Improvements is as follows:
Project Costs......................................................... $2,001,152
Issuance Expenses................................................ 25,000
Capitalized Interest............................................... 38,473
Discount Allowance ............................................. 10,375
Total................................................................ $2,075,000
This Council hereby determines to issue and sell$2,075,000 principal amount of General
Obligation Temporary Improvement Bonds, Series 2004B, of the City (the`Bonds") to defray a
portion of 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$21,480 representing interest as provided in Minnesota Statutes, Section
475.56. The City has retained Ehlers &Associates, Inc. to act as financial advisor to the City in
connection with the issuance and sale of the Bonds, and it is hereby determined to sell the Bonds
without meeting the requirements as to public sale under Minnesota Statutes, Section 475.60,
subdivision 1,pursuant to the exception from such requirement contained in clause(9) of
Minnesota Statutes, Section 475.60, subdivision 2.
1.02. Sale of Bonds. The City has received L_)proposals
for the purchase of the Bonds. The most favorable proposal received is that of
of ,
(the"Purchaser"), to purchase the Bonds at a price of$ ,
the Bonds to bear interest at the rates set forth in Section 3.01 hereof and to be subject to the
further terms and conditions set forth in this Resolution. The proposal is hereby accepted, and
19
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. 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:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND, SERIES 2004B
No. R- $
Date of
Interest Rate Maturity Original Issue CUSIP
June 1, 2004
REGISTERED OWNER: CEDE & CO.
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, 2005, to the person in whose name this Bond is
registered at the close of business on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions referred to herein with respect to the
redemption of the principal of this Bond before maturity. The interest hereon and, upon
presentation and surrender hereof, the principal hereof, are payable in lawful money of the
United States of America by check or draft of Wells Fargo Bank, National Association in
Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the`Bond
Registrar"), or its successor designated under the Resolution described herein.
-2-
20
This Bond is one of an issue in the aggregate principal amount of$2,075,000 (the .
"Bonds"), issued pursuant to a resolution adopted by the City Council on May 11, 2004 (the
"Resolution"), for the purpose of financing a portion of the costs of various street improvements
in the City(the"Improvements"), and is issued pursuant to and in fall conformity with the
provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. The Bonds are payable primarily from the 2004B
Improvement Bond Fund (the"Fund") of the City. In addition, for the full and prompt payment
of the principal and interest on the Bonds as the same become due, the full faith, credit and
taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable
only as fully registered bonds in denominations of$5,000 or any multiple thereof, of single
maturities.
The Bonds are each subject to redemption and prepayment, at the option of the
City and in whole or in part, and if in part, in$5,000 principal amounts selected by lot, on
February 1, 2005 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.
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.
The Bonds have been designated by the City as"qualified tax-exempt
obligations"pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein,
this Bond is transferable upon the books of the City at the principal office of the Bond Registrar,
by the registered owner hereof in person or by his attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
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
-3-
21
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; as provided by Minnesota Statutes, Section 429.091, subdivision 5, to the extent that
the principal and interest on this Bond cannot be paid when due from receipts of special
assessments, taxes or other funds appropriated for this purpose, they shall be paid from the
proceeds of improvement bonds or additional temporary improvement bonds which the City
Council of the City shall offer for sale in advance of their maturity; 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 a person authorized to sign
on its behalf.
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 signatures
of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth
below.
CITY OF ST. ANTHONY
City Manager Mayor
-4-
22
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
WELLS FARGO BANK, NATIONAL
ASSOCIATION, Minneapolis,Minnesota,
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
by the entireties under Uniform Transfers to
Minors
Act. . . . . . . . . . . . . . . . . . . . . .
JT TEN—— as joint tenants (State)
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:
-5-
23
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to this
OF ASSIGNEE: assignment must correspond with the name
as it appears upon the face of the within
Bond in every particular, without alteration,
enlargement or any change whatsoever.
Signature(s)must be guaranteed by an
eligible guarantor institution"tution"
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.
[End of Bond Form.]
Section 3. Bond Terms Execution x ution and Deli ye .
3.01. Maturities Interest Rates Denominations Pa ent Dating of Bonds. The
City shall forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Temporary Improvement Bonds, Series 2004B" and shall be payable primarily from
the 2004B General Obligation Improvement Bond Fund of the City created in Section 4.02. The
Bonds shall be dated as of June 1, 2004, shall be issuable in the denominations of$5,000 or any
integral multiple thereof, shall mature on February , 2007 shall bear interest computed on the
rY � p
basis of a 360-day year consisting of twelve 30-day months, from February 1, 2005 until paid or
duly called for redemption at the rate of %per annum. 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 Pavment Dates. Interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing February 1, 2005,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.
-6-
24
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 '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 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.
-7-
25
(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 ent. 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 istr ar. The City hereby appoints Wells Fargo
Bank,National Association in Minneapolis, Minnesota, as the initial Registrar. The Mayor and
City Manager are authorized to execute and deliver, on behalf of the City, a contract with Wells
Fargo Bank, National Association, 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 2004B Improvement Bond Fund described in Section 4 hereof,
moneys sufficient for the payment of all principal and interest then due.
3.05. Redemption. The Bonds are each subject to redemption, at the option of
the City and in whole or in part, and if in part, in$5,000 principal amounts selected by the
Registrar by lot, on February 1, 2005 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.
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
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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.
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 the manual signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on 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 with respect to the procedures of DTC presently on file with DTC.
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(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 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
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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. 2004B Improvement Construction Fund. There is hereby created a special
bookkeeping fund to be designated as the "2004B Improvement'Construction Fund" (the
"Construction Fund"), to be held and administered by the Finance Director separate and apart
from all other funds of the City. The City appropriates to the Construction Fund (a)
$ of the proceeds of the sale of the Bonds, and (b) all collections of special
assessments levied for the Improvements until completion and payment of all costs of the
Improvements. 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 and principal, if any, due upon the
Bonds prior to the completion and payment of all costs 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 instituted pursuant to the Act, 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. 2004B Improvement Bond Fund. So long as any of the Bonds are
outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a
separate and special bookkeeping fund designated"2004B Improvement 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 on such other improvement bonds of the City as have been or may be directed to be
paid therefrom. The City irrevocably appropriates to the Bond Fund(a) all amounts in excess of
$2,064,625.00 received from the Purchaser,plus capitalized interest in the amount of
$38,472.62, (b) the collections of special assessments and other funds to be credited and paid
thereto in accordance with the provisions of Section 4.01, (c) any taxes levied in accordance with
this resolution, (d) the proceeds of improvement bonds or temporary improvement bonds issued
by the City to pay the principal of and interest on the Bonds, and (e) all such other moneys as
shall be received and appropriated to the Bond Fund from time to time.
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 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 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 Finance Director shall transfer to the Debt Service Account amounts on hand in
the Surplus Account to the extent necessary to cure such deficiency.
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4.03. Full Faith and Credit Pledged. In addition to all the provisions for the
security of the Bonds contained in Minnesota Statutes, Section 429.091, subdivision 5,pursuant
to Minnesota Statutes, subdivision 7,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 the Bonds
shall be payable from the Bond Fund in accordance with the provisions and covenants contained
in this resolution. 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.
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
discharge its obligations with respect to any prepayable Bond called for redemption on any date
when it is prepayable according to their terms, by- depositing with the Registrar on.or before that
date a sum sufficient for the payment thereof in full; provided that notice of the redemption
thereof has been duly given as provided in Section 3.05. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with a
bank qualified by law as an escrow agent for this purpose, cash or securities which are
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 and Official Statement.
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 Auditors shall require, and
to obtain from each County Auditor a certificate that the Bonds have been entered on his bond
register and the taxes described in Section 4.05 hereof have been levied 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
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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 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 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. Investment of Money on Deposit in the Bond Fund. The Finance Director
shall ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit
therein ever exceeds the aggregate amount of principal and interest due and payable from the
Bond Fund through the next following February 1 plus a reasonable carryover as permitted by
the Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield
less than or equal to the yield on the Bonds,based upon their amounts,maturities and interest
rates on their date of issue, computed by the actuarial method. The City reserves the right to
amend the provisions of this Section at any time, whether prior to or after the delivery of the
Bonds, if and to the extent that this Council determines that the provisions of this Section are not
necessary in order to ensure that the Bonds are not"arbitrage bonds"within the meaning of
Section 148 of the Code and Regulations.
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6.06. 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.
6.07. 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 2004 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.
6.08. Official Statement. The Official Statement relating to the Bonds, dated
April 30, 2004, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is
hereby approved. Ehlers & Associates, Inc., is hereby authorized of behalf of the City to prepare
and distribute to the Purchaser a supplement to the Official Statement listing the offering price,
the interest rates, other information relating to the Bonds required to be included in the Official
Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 30 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.
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
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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 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, 2004 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, and certified as to
accuracy and completeness in all material respects by the fiscal officer of the
City; and
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(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 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:
• Current Property Valuations
• Direct Debt
• Tax Levies and Collections
• Population Trend
• EmploymentlUnemployment
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
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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
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(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 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
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36
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.
Section 8. Authorization of Payment of Certain Costs of Issuance of the Bonds.
The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the
payment of issuance expenses to Resource Bank &Trust Company, Minneapolis, Minnesota, on
the closing date for further distribution as directed by the City's financial advisor, Ehlers &
Associates, Inc.
Mayor
Attest:
City Clerk
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.
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37
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned,being the duly qualified and acting County Auditor of
Hennepin County, Minnesota,hereby certify that there has been filed in my office a certified
copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted
May 11, 2004, awarding the sale, fixing the form and details and providing,for the execution,
delivery and security of$2,075,000 General Obligation Temporary Improvement Bonds, Series
2004B, of the City, to be dated, as of June 1, 2004 and levying taxes for the payment of principal
of and interest on said Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of 12004.
Hennepin County Auditor
(SEAL)
38
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I,the undersigned, being the duly qualified and acting County Auditor of Ramsey
County,Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted May 11,2004,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of$2,075,000 General Obligation Temporary Improvement Bonds, Series 2004B, of the
City, to be dated, as of June 1, 2004 and levying taxes for the payment of principal of and
interest on said Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of 12004.
Ramsey County Auditor
(SEAL)
4813-1901-5936\1 5/5/2004 4:08 PM
39
Councilmember then introduced the following
resolution and moved its adoption:
RESOLUTION 04-040
RESOLUTION RELATING TO $1,790,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2004A; AWARDING THE SALE,
FIXING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY
THEREFOR AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
BE IT RESOLVED by the City 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 ordered the an improvement
project to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429,
consisting of various street improvements (collectively the"Improvements"). The present
estimated total cost of the Improvements is as follows:
Project Costs......................................................... $1,703,449
Issuance Expenses ................................................ 19,000
Capitalized Interest............................................... 51,071
Discount Allowance ............................................. 21.480
Total................................................................ $1,790,000
This Council hereby determines to issue and sell $1,790,000 principal amount of General
Obligation Improvement Bonds, Series 2004A, of the City(the"Bonds")to defray a portion of
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
$21,480 representing interest as provided in Minnesota Statutes, Section 475.56. The City has
retained Ehlers &Associates, Inc. to act as financial advisor to the City in connection with the
issuance and sale of the Bonds, and it is hereby determined to sell the Bonds without meeting the
requirements as to public sale under Minnesota Statutes, Section 475.60, subdivision 1,pursuant
to the exception from such requirement contained in clause(9) of Minnesota Statutes, Section
475.60, subdivision 2.
1.02. Sale of Bonds. The City has received proposals
for the purchase of the Bonds. The most favorable proposal received is that of
, of ,
(the"Purchaser"), to purchase the Bonds at a price of$ ,
the Bonds to bear interest at the rates set forth in Section 3.01 hereof and to be subject to the
further terms and conditions set forth in this Resolution. The proposal is hereby accepted, and
4®
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. 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.
1.04. Maturities of Bonds. The Council hereby finds that the maturities of the
Bonds as set forth in Section 3.01 hereof are warranted by the anticipated collections of special
assessments and ad valorem taxes levied and to be levied for the payment of the Bonds as
provided in Section 4 hereof.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2004A
No. R- $
Date of
Interest Rate Maturity Original Issue CUSIP
June 1, 2004
REGISTERED OWNER: CEDE & CO.
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, 2005, 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
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41
redemption of the principal of this Bond before maturity. The interest hereon and, upon
presentation and surrender hereof, the principal hereof, are payable in lawful money of the
United States of America by check or draft of Wells Fargo Bank,National Association, in
Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the"Bond
Registrar"), or its successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of$1,790;000 (the
"Bonds"), issued pursuant to a resolution adopted by the City Council on May 11, 2004 (the
"Resolution"), for the purpose of financing a portion of the costs of various street improvements
in the City (the"Improvements"), 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, Chapters 429 and 475. The Bonds are payable primarily from the 2004A
Improvement Bond Fund (the"Fund") of the City. In addition, for the full and prompt payment
of the principal and interest on the Bonds as the same become due, the full faith, credit and
taxing power of the City have been and are 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 2006 through 2012 are payable on their respective
stated maturity dates without option of prior payment,but Bonds having stated maturity dates in
2013 and later years 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 a maturity, in
$5,000 principal amounts selected by lot, on February 1, 2012 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.
The Bonds have been designated by the City as "qualified tax-exempt
obligations"pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein,
this Bond is transferable upon the books of the City at the principal office of the Bond Registrar,
by the registered owner hereof in person or by his attorney duly authorized in writing upon
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42
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 prior to the issuance hereof the City has levied or agreed to levy special
assessments on property specially benefited by the Improvements and ad valorem taxes on all
taxable property in the City, collectible in the years and amounts required to produce sums not
less than 5% in excess of the principal of and interest on the Bonds as such principal and interest
respectively become due, and has appropriated the same to the Fund in the manner specified in
Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or
anticipated deficiency in the Fund, additional ad valorem taxes are required by law to 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 a person authorized to sign
on its behalf.
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 signatures
of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth
below.
CITY OF ST. ANTHONY
City Manager Mayor
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43
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
WELLS FARGO BANK,NATIONAL
ASSOCIATION, Minneapolis, Minnesota,
as Bond Registrar
B y
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
by the entireties under Uniform Transfers to
Minors
Act. . . . . . . . . . . . . . . . . . . . . .
JT TEN—— as joint tenants (State)
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.
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44
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s)to this
OF ASSIGNEE: assignment must correspond with the name
as it appears upon the face of the within
Bond in every particular, without alteration,
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.
[End of Bond Form.]
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 Improvement Bonds, Series 2004A" and shall be payable primarily from the 2004
General Obligation Improvement Bond Fund of the City created in Section 4.02. The Bonds
shall be dated as of June 1, 2004, 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, computed on the basis of a 360-day year
consisting of twelve 30-day months, from June 1, 2004 until paid or duly called for redemption
at the rates per annum set forth opposite such years and amounts,respectively:
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45
Year Amount Rate Year Amount Rate
2006 $105,000 % 2014 $120,000 %
2007 105,000 2015 125,000
2008 105,000 2016 125,000
2009 105,000 2017 130,000
2010 110,000 2018 135,000
2011 110,000 2019 140,000
2012 115,000 2020 145,000
2013 115,000
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, 2005,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.
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 '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 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.
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46
(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. Appointment of Initial R Imo. The City hereby appoints Wells Fargo
Bank,National Association in Minneapolis, Minnesota, as the initial Registrar. The Mayor and
City Manager are authorized to execute and deliver, on behalf of the City, a contract with Wells
Fargo Bank,National Association, as Registrar. Upon merger or consolidation of the Registrar
-8-
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 2004A Improvement 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 2006 through 2012 are
payable on their respective stated maturity dates without option of prior payment,but Bonds
maturing in 2013 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, 2012 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
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:
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48
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.
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 the manual signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has been
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49
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 with respect to the procedures of DTC presently on file with DTC.
(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
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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 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. 2004A Improvement Construction Fund. There is hereby created a special
bookkeeping fund to be designated as the"2004A Improvement Construction Fund" (the
"Construction Fund"), to be held and administered by the Finance Director separate and apart
from all other funds of the City. The City appropriates to the Construction Fund (a)
$ of the proceeds of the sale of the Bonds, and(b) all collections of special
assessments levied for the Improvements until completion and payment of all costs of the
Improvements. 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 and principal, if any, due upon the
Bonds prior to the completion and payment of all costs 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 instituted pursuant to the Act, 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. 2004A Improvement Bond Fund. So long as any of the Bonds are
outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a
separate and special bookkeeping fund designated"2004A Improvement Bond Fund"(the"Bond
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Fund") to be used for no purpose other than the payment of the principal of and interest on the
Bonds and on such other improvement bonds of the City as have been or may be directed to be
paid therefrom. The City irrevocably appropriates to the Bond Fund (a) all amounts in excess of
$1,768,520 received from the Purchaser, plus capitalized interest in the amount of$51,071, (b)
the collections of special assessments and other fiends to be credited and paid thereto in
accordance with the provisions of Section 4.01, (c) any taxes levied in accordance with this
resolution, and(d) all such other moneys as shall be received and appropriated to the Bond Fund
from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest
and principal then due on all bonds payable therefrom, the payment shall be made from any fund
of the City which is available for that purpose, subject to reimbursement from the Bond Fund
when the balance therein is sufficient, and the Council covenants and agrees that it will each year
levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is
not subject to any constitutional or statutory tax limitation.
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 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 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 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. Additional Bonds. The City reserves the right to issue additional bonds
payable from the Bond Fund as may be required to finance costs of the Improvements not
financed hereby; provided that the City Council shall, prior to the delivery of such additional
bonds,levy or agree to levy by resolution sufficient additional special assessments and ad
valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of
said additional obligations, will produce revenues at least five percent(5%) in excess of the
amount needed to pay when due the principal and interest on all bonds payable from the Bond
Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged,
levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner
provided by Minnesota Statutes, Section 475.61.
4.04. Levy of Special Assessments. The City hereby covenants and agrees that
for payment of the cost of each of the Improvements it will do and perform all acts and things
necessary for the full and valid levy of special assessments against all assessable lots, tracts and
parcels of land benefited thereby and located within the area proposed to be assessed therefor,
based upon the benefits received by each such lot, tract or parcel, in an aggregate principal
amount not less than twenty percent (20%) of the cost of the Improvements. In the event that
any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of
land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by
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the City or this Council or any of the City's officers or employees, either in the making of such
assessment or in the performance of any condition precedent thereto, the City and this Council
hereby covenant and agree that they will forthwith do all such further acts and take all such
further proceedings as may be required by law to make such assessments a valid and binding lien
upon such property. The Council presently estimates that the special assessments shall be in the
aggregate principal amount of$ payable in not more than installments, the
first installment to be collectible with taxes during the year 2004, and that deferred installments
shall bear interest at the rate of not less than percent L %)per
annum from the date of the resolution levying said assessment until December 31 of the year in
which the installment is payable.
4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City
are irrevocably pledged for the prompt and full payment of the principal of and interest in the
Bonds as the same become respectively due. For the purpose there is hereby levied upon all of
the taxable property of the City a direct,.annual ad valorem tax, which shall be spread upon the
tax rolls prepared in each of the following years and collected with other taxes in the following
years and amounts as follows:
Levy Collection
Year Year Amount
2004 2005 $
2005 2006
2006 2007
2007 2008
2008 2009
2009 2010
2010 2011
2011 2012
2012 2013
2013 2014
2014 2015
2015. 2016
2016 2017
2017 2018
2018 2019
The foregoing tax levies together with special assessments are such that if collected in full they
will produce at least five percent (5%) in excess of the amount needed to pay when due the
principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond
Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the
right and power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes, Section 475.61.
4.06. 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
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Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions
and covenants contained in this resolution. It is estimated that the special assessments and ad
valorem taxes levied and to be levied for the payment of the Improvements will be collected in
amounts not less than five percent (5%) in excess of the annual principal and interest
requirements of the Bonds. 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 amount of taxes and special assessments
theretofore levied for the Improvements and collectible through the end of the following calendar
year is not sufficient 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 4.06, a direct, irrepealable, ad valorem tax shall be levied on all
taxable property within the corporate limits of the City for the purpose of restoring such
accumulated or anticipated deficiency in accordance with the provisions of this resolution.
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
discharge its obligations with respect to any prepayable Bond called for redemption on any date
when it is prepayable according to their terms,by depositing with the Registrar on or before that
date a sum sufficient for the payment thereof in full; provided that notice of the redemption
thereof has been duly given as provided in Section 3.05. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action,by depositing irrevocably in escrow,with a
bank qualified by law as an escrow agent for this purpose, cash or securities which are
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 Regstration, Certification of Proceedings Investment
of Money, Arbitrage and Official Statement.
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 Auditors shall require, and
to obtain from each County Auditor a certificate that the Bonds have been entered on his bond
register and the taxes described in Section 4.05 hereof have been levied as required by law.
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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 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 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. Investment of Money on Deposit in the Bond Fund. The Finance Director
shall ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit
therein ever exceeds the aggregate amount of principal and interest due and payable from the
Bond Fund through the next following February 1 plus a reasonable carryover as permitted by
the Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield
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less than or equal to the yield on the Bonds,based upon their amounts, maturities and interest
rates on their date of issue, computed by the actuarial method. The City reserves the right to
amend the provisions of this Section at any time, whether prior to or after the delivery of the
Bonds, if and to the extent that this Council determines that the provisions of this Section are not
necessary in order to ensure that the Bonds are not"arbitrage bonds"within the meaning of
Section 148 of the Code and Regulations.
6.06. 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.
6.07. 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 2004 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.
6.08. Official Statement. The Official Statement relating to the Bonds, dated
April 30,2004, prepared and distributed on behalf of the City by Ehlers &Associates, Inc., is
hereby approved. Ehlers &Associates, Inc., is hereby authorized of behalf of the City to prepare
and distribute to the Purchaser a supplement to the Official Statement listing the offering price,
the interest rates, other information relating to the Bonds required to be included in the Official
Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 30 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.
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
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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 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, 2004 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
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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 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:
• Current Property Valuations
• Direct Debt
• Tax Levies and Collections
• Population Trend
• Employment/Unemployment
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.
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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;
(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);
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(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:
(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
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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.
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.
Section 8. Authorization of Payment of Certain Costs of Issuance of the Bonds.
The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the
payment of issuance expenses to Resource Bank&Trust Company, Minneapolis, Minnesota, on
the closing date for further distribution as directed by the City's financial advisor, Ehlers &
Associates, Inc.
Mayor
Attest:
City Clerk
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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.
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COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of
Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified
copy of a resolution of the City Council of the City of St. Anthony, in said County, adopted
May 11, 2004, awarding the sale, fixing the form and details and providing for the execution,
delivery and security of$1,790,000 General Obligation Improvement Bonds, Series 2004A, of
the City, to be dated, as of June 1, 2004 and levying taxes for the payment of principal of and
interest on said Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of , 2004.
Hennepin County Auditor
(SEAL)
64
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
1, the undersigned,being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted May 11, 2004,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of$1,790,000 General Obligation Improvement Bonds, Series 2004A, of the City, to be
dated, as of June 1, 2004 and levying taxes for the payment of principal of and interest on said
Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of ) 2004.
Ramsey County Auditor
(SEAL)
4831-4747-0336\1 5/5/2004 3:32 PM
55
REQUEST FOR COUNCIL CONSIDERATION
ialll. $hog
Report Date: May 5, 2004 e..
Meeting Date: May 11 , 2004 Agenda Section: VI, B
ITEM DESCRIPTION:
Extension of Time Line for Phase II Development -
Northwest Quadrant.
MANAGER'S REVIEW:
In the development agreement approved by the City-on December
16, 2003, the Developer was to enter into an agreement by May 31 ,
2004, with the HRA to construct Phase II development. Because of
the time spent putting Phase I project together, the developer is
asking for an amendment to the developer agreement to give them
until December 31 , 2004. Both the Council and H.R.A. need to
approve.
Stacie Kvilvang from Ehlers, will be present to explain this extension.
Recommendation:
Council Approval of Resolution 04-041 for extension of Time Line for
Phase II of Northwest Quadrant Development.
l
Michael Mornson
City Manager
66
0 EHLER ,
& ASSOCIATES INC
® To: Mike Morrison—City Manager
From: Stacie Kvilvang—Associate Financial Advisor
W Date: May 5, 2004
Subject: Extension of Time Line for Phase II Development—Northwest Quadrant
Redevelopment
On December 19, 2003, the City Council and Housing and Redevelopment Authority (HRA)
executed a Development Agreement with Apache Redevelopment LLC for the redevelopment
of the Northwest Quadrant. According to Section 8.1 of the agreement, the Developer was to
submit detailed site plans and proformas to the City by March 15, 2004, for Phase II of the
development. Based upon review of this information and negotiations between the two
parties, the Developer and HRA were to enter into the Phase II contract addendum by May 31,
2004.
As you recall, the Phase II development was comprised of the senior condo/co-op, the high-
end town homes and additional stacked flats and were to be located on the properties located
along Stinson Boulevard and the existing 39`h Avenue. Due to the extensive time that the
Developer has needed to expend on expediting and finalizing all the components of Phase I of
the development, they are requesting an extension of the above-mentioned timelines.
The Developer is still interested in completing Phase II of the development and is requesting
that the new date to submit proforma and plan information be extended to October 15, 2004
and that the date to enter into a contract addendum be extended to December 31, 2004.
.Please contact me at 651-697-8506 with any questions.
cc: File
LEADERS IN PUBLIC FINANCE
_0------,--..__........_..- —.._.__..__._....... - --._.......------------ -._...----- - - -- -----,---5_"—'----------,-......--x_: ......_...—'---...-- -,5
360 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang@ehlers-inc.com
67
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 04-041
A RESOLUTION APPROVING EXTENSION OF TIME LINE FOR PHASE II
DEVELOPM1ENT—NORTHWEST QUADRANT
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and
Redevelopment Authority (the "HRA") have executed a Development Agreement with Apache
Redevelopment LLC for the redevelopment of the Northwest Quadrant.
WHEREAS, in accordance with Section 8.1 of the agreement, the developer is requesting the
new date to submit proforma and plan information be extended to October 15, 2004 and the date
to enter into a contract addendum be extended to December 31, 2004.
NOW,THEREFORE,BE IT RESOLVED A RESOLUTION APPROVING THE EXTENSION
OF TIMELINE FOR PHASE H, NORTHWEST QUADRANT DEVELOPMENT.
Adopted this day of ) 2004.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
66
FIRST AMENDMENT
TO
REDEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF SAINT ANTHONY,MINNESOTA,
THE HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT ANTHONY,MINNESOTA,
AND
APACHE REDEVELOPMENT,LLC
May
69
FIRST AMENDMENT TO
REDEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT ("First
Amendment")is made and entered into this day of May, 2004, by and between the CITY OF
SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the"City"), the HOUSING
AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, ,
MINNESOTA, a public body corporate and politic organized and existing under the laws of the
State of Minnesota (the"Authority"), and APACHE REDEVELOPMENT,LLC, a Minnesota
limited liability company(the"Developer").
RECITALS
WHEREAS,the Developer,the City and the Authority have previously entered into a
Redevelopment Agreement dated as of December 19, 2003 (the"Redevelopment Agreement")
and the capitalized terms used in this First Amendment shall have the meaning given them in the
Redevelopment Agreement;
WHEREAS,pursuant to the Redevelopment Agreement, the Developer agreed to
develop a Development located in the Project Area in two Phases;
WHEREAS,under Section 8.1 of the Redevelopment Agreement,the Developer and the
Authority agreed to resolve certain issues concerning Phase II by negotiating and entering into a
Phase II Contract Addendum by May 31, 2004;
WHEREAS,by letter dated April 22, 2004, the Developer has informed the Authority
that delays in Phase I have necessitated delayed completion of the Phase II Contract Addendum,
and the incidental technical, financial and legal analysis required by the Redevelopment
Agreement; and
WHEREAS,the Developer has requested that the original deadline,under Section 8.1,
for completion of the Phase II Contract Addendum of May 31, 2004 be extended until December
31, 2004, and that the deadline for providing pro formas, more detailed site plans and other
Project Element information be extended to October 15, 2004.
NOW,THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Section 8.1 of the Redevelopment Agreement is hereby amended to read as
follows:
"Section 8.1 Phase II Timing, General Contract Structure. The Developer has been
approved by the Authority to undertake Phase II of the Development,however the parties
acknowledge that certain issues remain to be resolved prior to commencement of Phase H. The
Developer has agreed to the Developer Fee Hold Back as provided in Section 11.5, as
consideration and evidence of Developer's good faith intent to proceed with Phase H. The
Parties shall proceed to resolve these issues and agree to enter into a supplement to this
Agreement (the"Phase II Contract Addendum") to establish all terms of the Phase II portion of
70
the Project not otherwise provided for herein. The Developer and Authority shall enter into the
Phase II Contract Addendum as expeditiously as practical after further technical, financial and
legal analysis by the City Consultants of the Phase II Development,but in no event later than
December 31, 2004. Developer shall provide pro formas and more detailed site plans and other
Project Element information not later than October 15, 2004 for at least the Phase IIA Senior
Housing Element and the Phase IIB Townhouse Element to allow finalization of this negotiation.
The dates herein shall be subject to extension by up to sixty(60) days on the Developer's
request,but any further extension shall be solely at the Authority's discretion. The Authority
and Developer agree that the Phase IIA Senior Housing Element and the Phase IIB Townhouse
Element shall be the first priority Elements to be undertaken in the Phase II Development."
2. Except as herein amended, other terms and provisions of the Redevelopment
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City, the Authority and Developer have caused this First
Amendment to Redevelopment Agreement to be duly executed in their names and on their
behalf, all on or as of the date first above written.
CITY OF SAINT ANTHONY,
MINNESOTA
By
Its Mayor
By
Its City Manager
71
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT
ANTHONY,MINNESOTA
By
Its Chair/Commissioner
By
Its Executive Director
72
APACHE REDEVELOPMENT,LLC
a Minnesota limited liability company
By
Its Chief Manager
4829-1121-3056\1 5/3/2004 12:06 PM
73
REQUEST FOR COUNCIL CONSIDERATION
ain 'hon
Report Date: May 5-, 2004 e�
Meeting Date: May 11 , 2004 Agenda Section: Vf, C.
ITEM DESCRIPTION:
Charitable Gambling Ordinance
MANAGER'S REVIEW:
I have asked Jerry Gilligan, to prepare an amendment to our
charitable gambling ordinance based on the fact that our current
ordinance allows charitable gambling to on-sale municipals only.
With the closing of the Stonehouse, we no longer own an on-sale and
with Spectators located where the Stonehouse used to be, I felt it was
important to get the ordinance changed prior to the opening of the
restaurant.
I have scheduled the three readings for the ordinance for May 11 th,
May 25th, and June 8th. I have also passed the ordinance onto some
of the Sports Boosters that I have been working with on the charitable
gambling license for Spectators.
Jerry Gilligan of Dorsey Whitney will be present to discuss the issue
with the Council:
Recommendation:
Council Approval of Charitable Gambling Ordinance.
Michael Morrison
Executive Director
c ® ORSE.N 74
DORSEY & WHITNEY LLI
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May 5, 2004
RE: Amendment of Section 535 of City Code to Permit Charitable Gambling in
Restaurants Holding Liquor License
In order to permit charitable gambling in restaurants holding on-sale liquor licenses it will
be necessary for the City Council to amend Section 535.02 of the City Code. Presently the
section limits licensed charitable gambling to municipal on-sale liquor establishments. I have
prepared an ordinance amending Section 535.02 to permit charitable gambling in
establishments holding an on-sale liquor license.
Under Minnesota Statutes, Section 349.213, the City has the authority to by ordinance
require that an organization conducting licensed charitable gambling expend all or a portion of
its lawful expenditure from gross profits derived from the charitable gambling conducted in the
City within the City's trade area. The ordinance must define the City's trade area. This statute
requires that the trade area must include each city which is contiguous to the City. The Council
may wish to consider imposing this requirement on licensed charitable gambling, but it may be
of limited value in ensuring the profits from licensed charitable gambling are expended in a
manner that benefits the City and its residents, because of the requirement that the trade area
must at a minimum include all cities contiguous to the City.
DORSEY&WHITNEY LLP
CITY OF ST. ANTHONY 75
ORDINANCE 2004-002'
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful or
otherwise, shall be conducted or allowed within the City except for: (1) lawful gambling
conducted in accordance and compliance with Minn. Stat. § 349.166, and(2) lawful
gambling conducted by a properly licensed organization in accordance with State law in
an establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of
this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
CITY OF ST. ANTHONY
7s
ORDINANCE 2004-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE,
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful
or otherwise, shall be conducted or allowed within the City except for: (1) lawful
gambling conducted in accordance and compliance with Minn. Stat. § 349.166, and (2)
lawful gambling conducted by a properly licensed organization in accordance with State
law in an establishment
holding an On-Sale Intoxicating Liquor License under Chanter 10 of this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
78
CITY OF ST. ANTHONY
RESOLUTION 04 - 027
A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT
FOR POLICE SERVICES WITH THE CITY OF FALCON HEIGHTS
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE SAID AGREEMENT
WHEREAS, the City of St. Anthony and the City of Falcon Heights desire to enter into a joint
powers agreement whereby the City of St. Anthony agrees to provide police
services for the City of Falcon Heights during 2005 and 2006.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the Joint Powers Agreement with the City of Falcon Heights and authorizes the
Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony.
Adopted this day of 92004.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
79
CITY OF ST. ANTHONY
RESOLUTION 04 - 028
A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT
FOR POLICE SERVICES WITH THE CITY OF LAUDERDALE
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE SAID AGREEMENT
WHEREAS, the City of St. Anthony and the City of Lauderdale desire to enter into a joint
powers agreement whereby the City of St. Anthony agrees to provide police
services for the City of Lauderdale during 2005 and 2006.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the Joint Powers Agreement with the City of Lauderdale and authorizes the
Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony.
Adopted this day of , 2004.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
80
JOINT POWERS AGREEMENT
FOR POLICE SERVICES
This Agreement is made and entered into as of , 2004-
between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the
State of Minnesota ("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal
corporation under the laws of the State of Minnesota ("Falcon Heights"). The services
to be performed under this Agreement will commence January 1, 2005.
I. PURPOSE
St. Anthony and Falcon Heights have the power within their respective cities to
provide for the prevention of crime and for police protection. Under Minnesota
Statutes, Section 471 .59, the cities may, by agreement, provide for the exercise of the
police power by one city on behalf of the other city.
This Agreement sets forth the terms and conditions under which St. Anthony will
provide police services for Falcon Heights. St. Anthony will have full authority and
responsibility to provide services in accordance with all enabling legislation under the
laws of the State of Minnesota and the ordinances of Falcon Heights. St. Anthony will
provide feedback to the Falcon Heights City Administrator and City Council on a
regular and timely basis, and will actively support the creation of a joint advisory
committee pursuant to Section IX of this Agreement,whose members come from both
cities, and whose purpose is to review, monitor, and ensure a successful relationship
between the two cities under this Agreement.
II. INTERPRETATION
This Agreement is entered following the preparation by Falcon Heights of a Request
for Proposal for Police Services and the submission of a responsive Proposal by St.
Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement
are inconsistent with the provisions of the Proposal, the provisions of this Agreement
will control. If any provision of this Agreement is ambiguous, the parties agree that
the Proposal may be looked to as evidence of the parties' intent.
Ill. SERVICES
St. Anthony will provide Falcon Heights with 24 hour police service, and will
physically place a certified officer within the boundaries of Falcon Heights 24 hours
each day, except in those instances when the officer makes an arrest and transports
a prisoner, during mutual aid situations, when providing a backup for another officer,
or when called away for a court appearance, booking or similar police matter. Subject
81
Joint Powers Agreement
for Police Services
Page 2
to these exceptions and in normal circumstances, St. Anthony will provide 24 hour
police protection and police presence each day within the City of Falcon Heights. In
those instances stated above when an officer is not physically present in Falcon
Heights, St. Anthony will respond to emergency police calls with other officers.
IV. LEVEL OF SERVICES
During the term of this Agreement, St. Anthony will provide to Falcon Heights the
same police service extended to persons and property within St. Anthony, which will
include, but be limited to, the following:
A. Patrol services, with random patrolling of all residential, business and
public property areas during all shifts;
B. Police presence within the boundaries of Falcon Heights 24 hours each
day, subject only to the exceptions noted above;
C. Animal control services as provided within the City of St. Anthony by the
animal control service employed by St. Anthony;
D. Enforcement of all ordinances of Falcon Heights which are intended to
be enforced by police officers, with special attention being given to
parking, winter and nuisance ordinances;
E. Ticketing for traffic violations will be done routinely during normal shifts;
F. Crime prevention programs that encourage community involvement and
investment in the City of Falcon Heights, including participation in the
Mayor's Commission, Family Violence Network, Neighborhood Watch
Programs, "McGruff Houses," and "Combat Auto Theft" programs; in
appropriate cases, referrals will be made to the Northwest Youth and
Family Services Youth Diversion Program;
G. Criminal investigations, crime lab service and supervisory service;
H. Reports on police services and activities, including weekly, monthly and
annual police reports;
I. Responses to medical emergencies, fires and other emergencies;
responses shall include, where appropriate, securing the scene for
fire/rescue personnel, accompanying fire/rescue personnel to the hospital
82
Joint Powers Agreement
for Police Services
Page 3
upon request of such personnel, and providing follow-up information to
fire/rescue personnel upon request of such personnel;
J. Officers will be available at Falcon Heights City Hall to answer questions
from, and provide information regarding police activities to, Falcon
Heights residents, business owners and staff on an as-needed basis;
K. License inspections, background investigations and license enforcement
services as called for under applicable state law or city ordinances;
L. Review and comment, upon request, of proposed Falcon Heights
ordinances affecting police services or enforcement;
M. Follow-up on reported crimes with the person(s)who reported the crime,
including routine notification by telephone or mail as to the status of the
investigation; and
N. Special event traffic patrol services, including ten days per year during
the State Fair; and other events such as periodic parades and the
National Street Rods Association Convention.
V. PAYMENT FOR SERVICES
This Agreement will be effective January 1, 2005 and will continue until December 31,
2006, In consideration of the services to be provided under this Agreement, Falcon
Heights will pay St. Anthony an annual fee of $476,921 for the year 2005, and an
annual fee of $492,421_for the year 2006, for the police services under this
Agreement. This Agreement will be effective January 1 , 2005 and will continue
indefinitely unless canceled in accordance with the procedure outlined in Section XX
of this Agreement. In consideration of services provided for under this Agreement, St.
Anthony and Falcon Heights shall establish the fee for these services on a biennial
basis by May 15th of the even numbered year preceding each biennium.
VI. METHOD OF PAYMENT
St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon
Heights will promptly remit payments to St. Anthony within 30 days after receiving
each billing from St. Anthony.
83
Joint Powers Agreement
for Police Services
Page 4
VII. LIABILITY
St. Anthony will be responsible for all liability incurred as a result of the actions of St.
Anthony police officers under this Agreement, and will hold Falcon Heights, its officers
and employees harmless for any liability resulting from actions of a St. Anthony
employee and shall defend Falcon Heights, its officers and employees, against any
claim for damages arising out of St. Anthony's performance of this Agreement;
provided, however that if the claim, action or liability is one which is insured by St.
Anthony's liability insurer, Falcon Heights will bear the first $5,000.00 of expense for
any such claim, action or liability, or expenses relation thereto, including attorneys'
fees, to the extent not covered by the insurer because of a deductible amount under
the policy (which deductible amount is currently $10,000.00).
VIII. ADMINISTRATIVE RESPONSIBILITY
The law enforcement and police services rendered to Falcon Heights will be under the
sole direction of St. Anthony. The standards of performance, the hiring and discipline
of officers assigned, and other matters relating to regulations and policies related to
police employment, services and activities, will be within the exclusive control of St.
Anthony. The parties hereto expressly affirm the importance of work force diversity
and St. Anthony agrees to use reasonable efforts, within applicable departmental
budgetary limits, to recruit qualified female and minority police officers through the
Minnesota Police Recruitment System.
IX. JOINT ADVISORY COMMITTEE.
Both cities will appoint members to a joint advisory committee. The committee will
meet at least four times each year to ensure that this Agreement and the services
performed pursuant to this Agreement are meeting the expectations of both cities.
Any recommendations of the committee will be strictly advisory.
X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES
St. Anthony will furnish all communication equipment and any necessary supplies
required to perform the services which are to be rendered under this Agreement.
XI. COOPERATION AND ASSISTANCE AGREEMENTS
Falcon Heights will be included in all cooperative agreements entered into by the St.
Anthony Police Department with other police services units.
.84
Joint Powers Agreement
for Police Services
Page 5
XI 1. HEADQUARTERS
Headquarters for services rendered to Falcon Heights under this Agreement will be
located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may
notify headquarters or Ramsey County radio dispatch for police services requested
either in person or by some other means of communication. St. Anthony officers may
take routine telephone calls and complete routine reports for Falcon Heights at the
Falcon Heights City Hall, and Falcon Heights will have facilities available to the officers
at Falcon Heights City Hall for this purpose. The facilities will include a desk,
telephone, fax and copier.
All. EMPLOYEES OF ST. ANTHONY
Officers assigned to duty in Falcon Heights will at all times be employees of St.
Anthony. All obligations with regard to workers compensation, PERA, withholding
tax, insurance, and similar personnel and employment matters will be the obligation
of St. Anthony. Falcon Heights will not be required to furnish any fringe benefits or
assume any other liability of employment to any officer assigned to duty within Falcon
Heights.
XIV. ENFORCEMENT POLICIES
Enforcement policies of St. Anthony will prevail as the enforcement policies within
Falcon Heights. A written statement of the current enforcement policies of St.
Anthony will be provided in writing to Falcon Heights.
XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF FALCON HEIGHTS
St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon
Heights' ordinances to the extent appropriate for enforcement by police officers.
XVI. OFFICERS OF FALCON HEIGHTS
The officers assigned duty within Falcon Heights will be provided with authority to
enforce the laws of the City of Falcon Heights by proper action to be taken by the
Falcon Heights City Council, and while performing services under this Agreement will
be considered police officers of Falcon Heights. The Chief of Police of St. Anthony will
furnish to the Falcon Heights City Administrator the names of all St. Anthony police
officers assigned to Falcon Heights, and all such officers will be appointed officers of
the City of Falcon Heights.
85
Joint Powers Agreement
for Police Services
Page 6
XVII. OFFENSES
All offenses within Falcon Heights charged by police officers under this Agreement
will be charged in accordance with Falcon Heights' ordinances when possible;
otherwise, the charge will be made in accordance with the laws of the State of
Minnesota or the laws of the United States of America.
XVIII. COMMUNICATIONS
St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly
and annual police reports, in a format as is mutually agreed to by the St. Anthony
Police Chief and the Falcon Heights City Administrator.
The St. Anthony Police Chief will regularly communicate with the Falcon Heights City
Administrator in order to ensure that Falcon Heights is knowledgeable about any
police activity in the City, and at the request of the Administrator the Police Chief will
make presentations to the Falcon Heights City Council.
XIX. PROSECUTION AND REVENUES
Falcon Heights will pay all costs of prosecution for all offenses charged within its
boundaries or under its ordinances. LEAA funds and confiscated drug funds will be
retained by St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T.
training funds will be used for officer training.
XX. CONTINUATION OF AGREEMENT
This Agreement will be effective January 1, 2005 and will continue until terminated
-as described in-Paragraph XXI below. Inconsideration for services provided under this
Agreement, St. Anthony and Falcon Heights shall establish the fee for police services
on a biennial basis on or before May 15th of the even numbered year preceding each
biennium.
XXI. TERMINATION OF AGREEMENT
Either St. Anthony or Falcon Heights may terminate the Agreement by submitting a
written notification to terminate to the City Administrator of Falcon Heights and the
City Manager of St. Anthony by April 15th of even numbered years that St. Anthony
or Falcon Heights intends to terminate the Agreement. Termination of this Agreement
86
Joint Powers Agreement
for Police Services
Page 7
shall be effective on December 31st at 11 :59 of the year that either St. Anthony or
Falcon Heights terminate the Agreement.
Mi. REVIEW OF AGREEMENT
From time to time the terms and conditions of this Agreement shall be reviewed
and revised as St. Anthony and Falcon Heights deem necessary.
XXIII. ASSIGNMENT
The rights and obligations of the parties under this Agreement will not be assigned,
and St. Anthony will not subcontract for any services to be furnished to Falcon
Heights (except as otherwise provided in this Agreement), without the prior written
consent of the other party.
The parties hereto have executed this Agreement as of the date first above stated.
CITY OF FALCON HEIGHTS CITY OF ST. ANTHONY
By: By:
Mayor Mayor
By: By:
City Administrator City Manager
Date: Date:
87
JOINT POWERS AGREEMENT
FOR POLICE SERVICES
This Agreement is made and entered into as of , 2004
between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the
State of Minnesota ("St. Anthony") and the CITY OF LAUDERDALE, a municipal
corporation under the laws of the State of Minnesota ("Lauderdale") . The services to
be performed under this Agreement will commence January 1, 2005.
I. PURPOSE
St. Anthony and Lauderdale have the power within their respective cities to provide
for the prevention of crime and for police protection. Under Minnesota Statutes,
Section 471 .59, the cities may, by agreement, provide for the exercise of the police
power by one city on behalf of the other city.
This Agreement sets forth the terms and conditions under which St. Anthony will
provide police services for Lauderdale. St. Anthony will have full authority and
responsibility to provide services in accordance with all enabling legislation under the
laws of the State of Minnesota and the ordinances of Lauderdale. St. Anthony will
provide feedback to the Lauderdale City Administrator and City Council on a regular
and timely basis, and will actively support the creation of a joint advisory committee
pursuant to Section IX of this Agreement, whose members come from both cities, and
whose purpose is to review, monitor, and ensure a successful relationship between
the two cities under this Agreement.
II. INTERPRETATION
This Agreement is entered following the preparation by Lauderdale of a Request for
Proposal for Police Services and the submission of a responsive Proposal by St.
Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement
are inconsistent with the provisions of the Proposal, the provisions of this Agreement
will control. If any provision of this Agreement is ambiguous, the parties agree that
the Proposal may be looked to as evidence of the parties' intent.
III. SERVICES
St. Anthony will provide Lauderdale with 24 hour police service, and will physically
place a certified officer within the boundaries of Lauderdale 24 hours each day, except
in those instances when the officer makes an arrest and transports a prisoner, during
mutual aid situations, when providing a backup for another officer, or when called
away for a court appearance, booking or similar police matter. Subject to these
88
Joint Powers Agreement
for Police Services
Page 2
exceptions and in normal circumstances, St. Anthony will provide 24 hour police
protection and police presence each day within the City of Lauderdale. In those
instances stated above when an officer is not physically present in Lauderdale, St.
Anthony will respond to emergency police calls with other officers.
IV. LEVEL OF SERVICES
During the term of this Agreement, St. Anthony will provide to Lauderdale the same
police service extended to persons and property within St. Anthony, which will
include, but be limited to, the following:
A. Patrol services, with random patrolling of all residential, business and
public property areas during all shifts;
B. Police presence within the boundaries of Lauderdale 24 hours each day,
subject only to the exceptions noted above;
C. Animal control services as provided within the City of St. Anthony by the
animal control service employed by St. Anthony;
D. Enforcement of all ordinances of Lauderdale which are intended to be
enforced by police officers, with special attention being given to parking,
winter and nuisance ordinances;
E. Ticketing for traffic violations will be done routinely during normal shifts;
F. Crime prevention programs that encourage community involvement and
investment in the City of Lauderdale, including participation in the
Mayor's Commission, Family Violence Network, Neighborhood Watch
Programs, "McGruff Houses," and "Combat Auto Theft" programs; in
appropriate cases, referrals will be made to the Northwest Youth and
Family Services Youth Diversion Program;
G. Criminal investigations, crime lab service and supervisory service;
H. Reports on police services and activities, including weekly, monthly and
annual police reports;
I. Responses to medical emergencies, fires and other emergencies;
responses shall include, where appropriate, securing the scene for
fire/rescue personnel,accompanying fire/rescue personnel to the hospital
89
Joint Powers Agreement
for Police Services
Page 3
upon request of such personnel, and providing follow-up information to
fire/rescue personnel upon request of such personnel;
J. Officers will be available at Lauderdale City Hall to answer questions
from, and provide information regarding police activities to, Lauderdale
residents, business owners and staff on an as-needed basis;
K. License inspections, background investigations and license enforcement
services as called for under applicable state law or city ordinances;
L. Review and comment, upon request, of proposed Lauderdale ordinances
affecting police services or enforcement;
M. Follow-up on reported crimes with the person(s)who reported the crime,
including routine notification by telephone or mail as to the status of the
investigation; and
N. Special event traffic patrol services, including ten days per year during
the State Fair; and other events such as periodic parades and the
National Street Rods Association Convention.
V. PAYMENT FOR SERVICES
This Agreement will be effective January 1, 2005 and will continue until December 31,
2006. In consideration of the services to be provided under this Agreement,
Lauderdale will pay St. Anthony an annual fee of$247,219 for the year 2005, and an
annual fee of $255,254—for the year 2006, for the police services under this
Agreement. This Agreement will be effective January 1, 2005 and will continue
indefinitely unless canceled in accordance with the procedure outlined in Section XX
of this Agreement. In consideration of services provided for under this Agreement, St.
Anthony and Lauderdale shall establish the fee for these services on a biennial basis
by May 15th of the even numbered year preceding each biennium.
VI. METHOD OF PAYMENT
St. Anthonywill bill Lauderdale monthlyfor 1/12 of the annual fee, and Lauderdale will
promptly remit payments to St. Anthony within 30 days after receiving each billing
from St. Anthony.
90
Joint Powers Agreement
for Police Services
Page 4
VII. LIABILITY
St. Anthony will be responsible for all liability incurred as a result of the actions of St.
Anthony police officers under this Agreement, and will hold Lauderdale, its officers
and employees harmless for any liability resulting from actions of a St. Anthony
employee and shall defend Lauderdale, its officers and employees, against any claim
for damages arising out of St. Anthony's performance of this Agreement; provided,
however, that if the claim, action or liability is one which is insured by St. Anthony's
liability insurer, Lauderdale will bear the first$5,000.00 of expense for any such claim,
action or liability, or expenses relation thereto, including attorneys'fees, to the extent
not covered by the insurer because of a deductible amount the policy (which
deductible amount is currently $10,000.00).
VIII. ADMINISTRATIVE RESPONSIBILITY
The law enforcement and police services rendered to Lauderdale will be under the sole
direction of St. Anthony. The standards of performance, the hiring and discipline of
officers assigned, and other matters relating to regulations and policies related to
police employment, services and activities, will be within the exclusive control of St.
Anthony. The parties hereto expressly affirm the importance of work force diversity
and St. Anthony agrees to use reasonable efforts, within applicable departmental
budgetary limits, to recruit qualified female and minority police officers through the
Minnesota Police Recruitment System.
IX. JOINT ADVISORY COMMITTEE
Both cities will appoint members to a joint advisory committee. The committee will
meet at least four times each year to ensure that this Agreement and the services
performed pursuant to this Agreement are meeting the expectations of both cities.
Any recommendations of the committee will be strictly advisory.
X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES
St. Anthony will furnish all communication equipment and any necessary supplies
required to perform the services which are to be rendered under this Agreement.
XI. COOPERATION AND ASSISTANCE AGREEMENTS
Lauderdale will be included in all cooperative agreements entered into by the St.
Anthony Police Department with other police services units.
91
Joint Powers Agreement
for Police Services
Page 5
A1. HEADQUARTERS
Headquarters for services rendered to Lauderdale under this Agreement will be located
at offices owned or leased by St. Anthony. The citizens of Lauderdale may notify
headquarters or Ramsey County radio dispatch for police services requested either in
person or by some other means of communication. St. Anthony officers may take
routine telephone calls and complete routine reports for Lauderdale at the Lauderdale
City Hall, and Lauderdale will have facilities available to the officers at Lauderdale City
Hall for this purpose. The facilities will include a desk, telephone, fax and copier.
All. EMPLOYEES OF ST. ANTHONY
Officers assigned to duty in Lauderdale will at all times be employees of St. Anthony.
All obligations with regard to workers compensation, PERA, withholding tax,
insurance, and similar personnel and employment matters will be the obligation of St.
Anthony. Lauderdale will not be required to furnish any fringe benefits or assume any
other liability of employment to any officer assigned to duty within Lauderdale.
XIV. ENFORCEMENT POLICIES
Enforcement policies of St. Anthony will prevail as the enforcement policies within
Lauderdale. A written statement of the current enforcement policies of St. Anthony
will be provided in writing to Lauderdale.
XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF LAUDERDALE
St. Anthony officers assigned to duty within Lauderdale will enforce Lauderdale
ordinances to the extent appropriate for enforcement by police officers.
XVI. OFFICERS OF LAUDERDALE
The officers assigned duty within Lauderdale will be provided with authority to
enforce the laws of the City of Lauderdale by proper action to be taken by the
Lauderdale City Council, and while performing services under this Agreement will be
considered police officers of Lauderdale. The Chief of Police of St. Anthony will furnish
to the Lauderdale City Administrator the names of all St. Anthony police officers
assigned to Lauderdale and all such officers will be appointed officers of the City of
Lauderdale.
92
Joint Powers Agreement
for Police Services
Page 6
XVII. OFFENSES
All offenses within Lauderdale charged by police officers under this Agreement will be
charged in accordance with Lauderdale ordinances when possible; otherwise, the
charge will be made in accordance with the laws of the State of Minnesota or the
laws of the United States of America.
XVIII. COMMUNICATIONS
St.Anthony agrees to provide the Lauderdale Administrator with weekly, monthly and
annual police reports, in a format as is mutually agreed to by the St. Anthony Police
Chief and the Lauderdale City Administrator.
The St. Anthony Police Chief will regularly communicate with the Lauderdale City
Administrator in order to ensure that Lauderdale is knowledgeable about any police
activity in the City, and at the request of the Administrator the Police Chief will make
presentations to the Lauderdale City Council.
XIX. PROSECUTION AND REVENUES
Lauderdale will pay all costs of prosecution for all offenses charged within its
boundaries or under its ordinances. LEAA funds and confiscated drug funds will be
retained by St. Anthony. Fine revenues will be paid to Lauderdale. P.O.S.T. training
funds will be used for officer training.
XX. CONTINUATION OF AGREEMENT
This Agreement will be effective January 1, 2005 and will continue until terminated
as described in Paragraph XXI below. Inconsideration for services provided under this
Agreement, St. Anthony and Lauderdale shall establish the fee for police services on
a biennial basis on or before May 15th of the even numbered year preceding each
biennium.
XXI. TERMINATION OF AGREEMENT
Either St. Anthony or Lauderdale may terminate the Agreement by submitting a
written notification to terminate to the City Administrator of Lauderdale and the City
Manager of St. Anthony by April 15th of even numbered years that St. Anthony or
Lauderdale intends to terminate the Agreement. Termination of this Agreement shall
be effective on December 31st at 11 :59 of the year that either St. Anthony or
Lauderdale terminate the Agreement.
93
Joint Powers Agreement
for Police Services
Page 7
XXII. REVIEW OF AGREEMENT
From time to time the terms and conditions of this Agreement shall be reviewed and
revised as St. Anthony and Lauderdale deem necessary.
XXIII. ASSIGNMENT
The rights and obligations of the parties under this Agreement will not be assigned,
and St. Anthony will not subcontract for any services to be furnished to Lauderdale
(except as otherwise provided in this Agreement), without the prior written consent
of the other party.
The parties hereto have executed this Agreement as of the date first above stated.
CITY OF LAUDERDALE CITY OF ST. ANTHONY
By: By:
Mayor Mayor
By: By:
City Administrator City Manager
Date: Date:
FUTURE COUNCIL AGENDA ITEMS
Updated May 4, 2004
Meeting Date Meeting Type Staff Items/Issues
May 25 Regular Planning Commission issues of May 18th
R. Larson &
S. Bonniwel l Finance 2003 Annual Report/2003 Audit
J. Gilligan Charitable Gambling Ordinance, Second Reading
June 8 Regular J. Gilligan Charitable Gambling Ordinance, Third Reading
June 22 Regular Planning Commission issues of June 15
Ehlers Development Agreement with Dominium Group
July 13 Regular
May 2®®4
Monthly Planner
Maw
Apr 2004 Jun 2004 1
S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5
4 5 6 7 8 9 10 6 7 8 9 10 11 12
11 12 13 14 15 16 17 13 14 15 16 17 18 19
18 19 20 21 22 23 24 20 21 22 23 24 25 26
25 26 27 28 29 30 27 28 29 30
2 3 4 5 6 7 8
9 10 11 12 13 14 15
7:00 pm Parks 7:00 pm Council
Commission Meeting
Meeting
16 17 18 19 20 21 22
7:00 pm
Planning
Commission
Meeting
23 24 25 26 27 28 29
7:00 pm Council
Meeting
30 31
Memorial Day
Holiday
Printed by Calendar Creator for Windows on 5/4/2004
June 2®®4
Monthly Planner
1 2 3 4 5
6 7- 8 9 10 11 12
7:00 pm Council
Meeting
13 14 15 16 17 18 19
7:00 pm Parks 7:00 pm
Commission Planning
Meeting Commission
Meeting
20 21 22 23 24 25 26
7:00 pm Council Liquor Store
Meeting Celebration 4-8
pm
Public Works
Grand Opening
4-7pm
27 28 29 30 May 2004 Jul 2004
Central Park S M T W T F S S M T W T F S
Dedication 1 1 2 3
2 3 4 5 6 7 8 4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30 31
30 31
Printed by Calendar Creator for Windows on 5/4/2004
INVESTMENT PORTFOLIO: 03/31/2004
Interest Date
4/M GENERAL
$874,000 HERTZ FLEET FUNDING COMM PAPER 1.015% 03/02/04 04/26/04 $872,664.72
$872,664.72
41M ARMY-WATER FILTRATION
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11107/01 02122/29 $191,662.50
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$1,105,000 LOCKHART FUNDING LLC COMM PAPER 1.026% 02/26/04 04/26/04 $1,103,139.92
$1,395,836.29
DAIN RAUSCHER-GENERAL
GNMA POOL 6472 7.50% 07/01/75 07/15/05 $175.24
GNMA POOL 14376 7.50% 03/01177 03/15/07 $532.19
GNMA POOL 23364 9.00% 09/01178 09/15/08 $304.52
GNMA POOL 23356 9.00% 11101178 11/15/08 $708.66
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$100,000 FNMA MEDIUM TERM NOTE 5.00% 03/24/04 04/01/20 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22/29 $99,948.90
$1,207,000 GENERAL ELECTRIC COMM PAPER 1.006% 03/02/03 04/26/04 $1,205,012.04
$1,506,681.55
DAIN RAUSCHER-HONEYWELL
$100,000 LASELLEBANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-'ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 LASELLE BANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 LASELLE BANK-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$654,000 GENERAL ELECTRIC COMMECIAL PAPER 1.056% 02126/04 04/26/04 $652,983.14
$15,000 FEDERAL HOME LOAN MORTGAGE 5.50% 03/15/04 12/15/15 $15,000.00
$838,881.64
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06115/01 04/05/19 $97,722.56
$520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$476,000.00 GENERAL ELECTRIC COMM PAPER 1.005% 03110/04 05/10/04 $475,346.69
$476,000.00 AMERCIAN EXPRESS COMM PAPER 1.005% 03/10/04 061/0/04 $475,026.84
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12/15/16 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25/16 $200,000.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 09/12/13 $200,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 03/19/14 $200,000.00
$50,000.00 FNMA MEDIUM TERM NOTE 5.54% 03/19/04 03/11/19 $50,000.00
$2,197,573.09
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/O 7.24% 04/20193 03/25/23 $10,892.10
$100,000-FHLMC MEDIUM TERM NOTE - STEP UP 4.00-6.50% 03/18/04 04/12/19 $100,000.00
$175,000- FNMA COUPON- 5.520% 5.520% 03/30/04 04/12/19 $175,000.00
$200,000-FNMA COUPON- STEP UP 4.00-8.00% 03/01/04 02/10/12 $200,000.00
$485,892.10
TOTAL BOOK VALUE $7,297,529.39
-----------------
-----------------
Time4126/2004 MONTHLY INVESTMENT REPORT MARCH 2O041NVESTI
INVESTMENT PORTFOLIO: 03/31/2004
Interest Date
4/M GENERAL
$874,000 HERTZ FLEET FUNDING COMM PAPER 1.015% 03/02/04 04/26/04 $872,664.72
$872,664.72
41M ARMY-WATER FILTRATION
$1,250,000 ,FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22129 $191,662.50
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$1,105,000 LOCKHART FUNDING LLC COMM PAPER 1.026% 02/26/04 04/26104 $1,103,139.92
$1,395,836.29
DAIN RAUSCHER-GENERAL
GNMA POOL 6472 7.50% 07101/75 07/15/05 $175.24
GNMA POOL 14376 7.50% 03101177 03/15/07 $532.19
GNMA POOL 23364 9.00% 09/01/78 09/15/08 $304.52
GNMA POOL 23356 9.00% 11/01/78 11/15/08 $708.66
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$100,000 FNMA MEDIUM TERM NOTE 5.00% 03/24/04 04/01/20 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22/29 $99,948.90
$1,207,000 GENERAL ELECTRIC COMM PAPER 1.006% 03/02/03 04/26/04 $1,205,012.04
$1,506,681.55
DAIN RAUSCHER-HONEYWELL
$100,000 LASELLE BANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 LASELLEBANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 LASELLE BANK-ZERO COUPON BOND 6.25% 02/19/03 02119123 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$654,000 GENERAL ELECTRIC COMMECIAL PAPER 1.056% 02/26/04 04/26/04 $652,983.14
$15,000 FEDERAL HOME LOAN MORTGAGE 5.50% 03115/04 12/15/15 $15,000.00
$838,881.64
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04/05/19 $97,722.56
$520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$476,000.00 GENERAL ELECTRIC COMM PAPER 1.005% 03/10/04 05/10/04 $475,346.69
$476,000.00 AMERCIAN EXPRESS COMM PAPER 1.005% 03110/04 06110/04 $475,026.84
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28101, 12/15/16 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10125/16 $200,000.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22127 $100,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03110/04 09/12/13 $200,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03110/04 03/19/14 $200,000.00
$50,000.00 FNMA MEDIUM TERM NOTE 5.54% 03/19/04 03/11/19 $50,000.00
$2,197,573.09
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/O 7.24% 04/20/93 03/25/23 $10,892.10
$100,000-FHLMC MEDIUM TERM NOTE - STEP UP 4.00-6.50% 03/18/04 04/12/19 $100,000.00
$175,000- FNMA COUPON- 5.520% 5.520% 03/30/04 04112/19 $175,000.00
$200,000-FNMA COUPON- STEP UP 4,00-8.00% 03/01/04 02/10/12 $200,000.00
$485,892.10
TOTAL BOOK VALUE $7,297,529.39
-----------------
-----------------
Time4/26/2004 MONTHLY INVESTMENT REPORT MARCH 2O041NVESTI
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
May 11 , 2004
Call to Order.
Roll Call.
I. Approval of May 11, 2004, H.R.A. Agenda.
II. Consent Agenda.
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.
A. Approve April 13, 2004, H.R.A. Minutes. (pp. 1-2)
B. Claims. (pp. 3)
111. Public Hearings.
A. Resolution 04-007; Proposed acquisition of property by exercise of
power of eminent domain. Jerry Gilligan, Dorsey & Whitney, will be
present. (action requested) (pp.4-6)
B. Resolution 04-006; Approve New Date for Phase ll 'of Silver Lake
Village. (action requested) (pp.7-15)
IV. General Policy of Business of the H.R. A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
01
1 CITY OF ST. ANTHONY
2
3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
4
5 APRIL 13, 2004
6
7 CALL TO ORDER.
8 Chair Hodson called the meeting to order at 8:12 p.m.
9
10 ROLL CALL.
11 Commissioners present: Chair Hodson; Commissioners Horst, Stille, Thuesen, and Faust.
12 Commissioners absent: None.
13 Also present: Executive Director Michael Morrison.
14
15 I. APPROVAL OF APRIL 13, 2004, H.R.A. AGENDA.
16 Motion by Commissioner Faust, seconded by Commissioner Horst, to approve the April 13,
17 2004, Housing and Redevelopment Authority Agenda as presented.
18
19 Motion carried unanimously.
20
21 II. CONSENT AGENDA.
22 Motion by Commissioner Faust, seconded by Commissioner Thuesen, to approve the Consent
23 Agenda, which consisted of:
24
25 A. H.R.A. Meeting Minutes of March 23, 2004; and
26 B. Claims.
27
28 Motion carried unanimously.
29
30 III. PUBLIC HEARINGS.
31 None.
32
33 IV. GENERAL POLICY BUSINESS OF THE H.R.A.
34 None.
35
36 V. STAFF REPORTS.
37 None.
38
39 VI. H.R.A. COMMISSIONER COMMENTS.
40 None.
41
42 VII. INFORMATION AND ANNOUNCEMENTS.
43 None.
44
45 VIII. ADJOURNMENT.
46 Chair Hodson adjourned the meeting at 8:13 p.m.
47
48
®2
Housing and Redevelopment Authority Meeting Minutes
March 23, 2004
Page 2
1 Respectfully submitted,
2
3 Marjorie R. Jenkins
4 Timesaver Off Site Secretarial, Inc.
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/03/2004 09: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
007256 BELAIR BUILDERS, INC. 5445 05/12/04 21,759.75
002380 CENTERPOINT ENERGY MINNE 5446 05/12/04 2,274.75 _
009031 CONWORTH, INC. 5447 05/12/04 460.00
008985 C70 ASSOCIATES 5448 05/12/04 5,000.00
008667 DAHLGREN, SHAR.DLOW AND U 5449 05/12/04 5,119.45 -
000820 DORSEY & WHITNEY 5450 05/12/04 27,240.32
008698 EHLERS & ASSOCIATES, INC 5451 05/12/04 6,868.75
008892 GOODWIN COMMUNICATIONS G 5452 05/12/04 950.00 _
008273 WSB & ASSOCIATES, INC. 5453 05/12/04 381.50
HOUSING & REDEV CHECKING 70,054.52 ***
W
04
REQUEST FOR COUNCIL CONSIDERATION
(� m. t1®
Report Date: May 5, 2004 a e V
Meeting Date: May 11 , 2004 Agenda Section: H.R.A.
ITEM DESCRIPTION:
Resolution 04-007; Condemnation of said properties and one lease.
MANAGER'S REVIEW:
Please find enclosed HRA Resolution 04-007 as prepared by Jerry
Gilligan, of Dorsey Whitney for the condemnation of 3 properties and
one lease in the Silver Lake Village Redevelopment. .
As we did with the Cub parcel the H.R.A. is required to hold a public
hearing on the condemnation of said properties and one lease.
Jerry Gilligan, of Dorsey Whitney will be present to discuss the issue
with Council.
Recommendation:
H.R.A. Approval of Resolution 04-007 for condemnation of said
properties and one lease.
l�
Michael Mornson
Executive Director
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0ORSE ' 05
DORSEY & WHITNEY L
i
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May 5, 2004
RE: HRA Resolution Authorizing Condemnation of Certain Property in Connection
with the Silver Lake Development
Pursuant to the terms of the Redevelopment Agreement between the HRA and Apache
Redevelopment LLC, the HRA has received a request from Apache Redevelopment LLC for the
HRA to authorize the acquisition by eminent domain of certain properties to be redeveloped in
accordance with the Redevelopment Agreement. The proposed properties are defined in the
Redevelopment Agreement as the Authority Parcels (the "Authority Parcels"), and consist of the
properties owned by J.A. Cadwallader Real Estate, Inc., Village Properties (Ken Solie) and
Apache Square Paramount Properties.
In addition, to date the HRA has been unable to negotiate a termination of the Tires Plus
lease. This lease needs to be terminated in order for the HRA to transfer the Liquor Store/Tires
Plus parcel as required by the Redevelopment Agreement and the Liquor Store Purchase
Agreement. Since this lease is not yet terminated it is necessary at this time for the HRA to
authorize the acquisition of the interests of the lessee in the Tires Plus lease by eminent
domain. The HRA is scheduled to hold a public hearing on this matter at its meeting on May 11.
Under Minnesota Statutes, Section 469.012, the HRA may not adopt a resolution authorizing -
condemnation unless it has first held a public hearing on the proposed condemnation.
Following the public hearing I recommend that the HRA adopt a resolution authorizing
the condemnation of the Authority Parcels and the interests of the lessee in the Tires Plus
lease. It is expected that Apache Redevelopment LLC will be able to purchase the Authority
Parcels directly, so until directed by the developer following the adoption of the resolution no .
action will be taken by the HRA to commence a condemnation proceeding with respect to the
Authority Parcels. However, unless the HRA is able to obtain a termination of the Tires Plus
lease the HRA will need to immediately commence a condemnation proceeding with respect to
such lease following adoption of the resolution.
DORSEY&WHITNEY LLP
06
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY,MINNESOTA.
RESOLUTION NO. 04-007
WHEREAS, the Housing and Redevelopment Authority of St. Anthony, Minnesota.(the
"HRA"), a body politic and corporate under the laws of the State of Minnesota,has adopted a
redevelopment plan entitled"Redevelopment Plan for Redevelopment Project Area No. 3,"together
with certain modifications thereto (as so modified; the"Redevelopment Plan"), which establishes
Redevelopment Project Area No. 3 of the BRA; and
WHEREAS, the HRA, the City of St. Anthony,Minnesota(the"City") and Apache
Redevelopment LLC ("St. Anthony Redevelopment"),have entered into a Redevelopment Agreement,
dated December 19, 2003 (the "Redevelopment Agreement"), which provides for the development and
redevelopment of property in Redevelopment Project Area No. 3 of the BRA by the HRA, the City and
St. Anthony Redevelopment; and
WHEREAS, St. Anthony Redevelopment has determined that in order to perform its
obligations under the Redevelopment Agreement it will be necessary for the HRA to commence the
proceedings for the acquisition by the BRA by its powers of eminent domain of the Authority Parcels
(as those terms are defined in the Redevelopment Agreement), and pursuant to the terms of the
Redevelopment Agreement has given the HRA a request to adopt a resolution commencing such
action; and
WHEREAS, in order for the BRA to perform its obligations under the Redevelopment
Agreement it will be necessary for the HRA to commence the proceedings for the acquisition by the
BRA by its powers of eminent domain of the rights of the lessee.,if any, under the Lease Agreement
between the HRA and Ronald and Judith Rasmussen,dba Tires Plus, as lessee with respect to property
located at 3800 Silver Lake Road (the "Tires Plus Lease") and pursuant to the terms of the
Redevelopment Agreement has given the BRA a request to adopt a resolution commencing such
action; and
WHEREAS, on May 11, 2004, the Board of Commissioners of the HRA held a public hearing
on the proposed acquisition of such property by the HRA by its power of eminent domain;
NOW, THEREFORE,BE IT RESOLVED, that in order to provide for the redevelopment of
the property in Redevelopment Project Area No. 3 that is subject to the Redevelopment Agreement in a
manner that would meet the objectives and purposes of the Redevelopment Plan, the BRA proceed to
acquire all right title and interest to the Authority Parcels and to the rights of the lessee, if any, under
the Tires Plus Lease under its power of eminent domain; and the attorneys for the BRA are instructed
and directed to file the necessary petition therefor with respect to the Tires Plus Lease, and to file the
petition therefore with respect to any of the Authority Parcels at the direction of St. Anthony.
Redevelopment in accordance with the terms of the Redevelopment Agreement, and to prosecute such
action to a successful conclusion, or until it is abandoned, dismissed or terminated by the BRA or the
Court; and that the attorneys for the BRA, the Executive Director of the BRA and the officers of the
BRA do all things necessary to be done in the commencement,prosecution and successful termination
of such eminent domain proceeding.
i
07
BE rr FURTHER RESOLVED, that it is hereby found and declared that the acquisition of sue, -
i property by the HRA under its power of eminent domain is necessary to redevelop blighted and
substandard areas in the Redevelopment Project Area No. 3.
Adopted this day of , 2004.
Chief
Review for Administration:
Executive Director
2
i
08
i HOUSING AND REDEVELOPMENT AUTHORITY
OF ST.ANTHONY,MINNESOTA
RESOLUTION 04-006
A RESOLUTION APPROVING EXTENSION OF TIME LINE FOR PHASE H
DEVELOPMMENT—NORTHWEST QUADRANT
AREAS, the City of St. Anthony (the"City") and the St. Anthony Housing and
Redevelopment Authority (the "BRA")have executed a Development Agreement with Apache
Redevelopment LLC for the redevelopment of the Northwest Quadrant.
WHEREAS, in accordance with Section 8.1 of the agreement, the developer is requesting the
new date to submit proforma and plan information be extended to October 15, 2004 and the date
to enter into a contract addendum.be extended to December 31, 2004.
NOW,THEREFORE,BE IT RESOLVED A RESOLUTION APPROVING THE EXTENSION
OF TIME-LINE FOR PHASE II, NORTHWEST QUADRANT DEVELOPMENT.
Adopted this 11th day of May , 2004.
Chair
Review for Administration:
Executive Director
i
09
REQUEST FOR COUNCIL CONSIDERATION
� ain thou
Report Date. May 5, 2004 e
Meeting Date: May 11, 2004 Agenda Section: HRA
ITEM DESCRIPTION:
Extension of Time Line for Phase II Development =
Northwest Quadrant.
MANAGER'S REVIEW:
In the development agreement approved by the City on December
16, 2003, the Developer was to enter into an agreement by May 31,
2004, with the HRA to construct Phase II development. Because of
the time spent putting Phase I project together, the developer is
asking for an amendment to the developer agreement to give them
until December 31, 2004. Both the Council and H.R.A. need to
approve.
Stacie Kvilvang from Ehlers, will be present to explain this extension.
Recommendation:
H:R.A. Approval of Resolution 04-041for extension of Time Line for
Phase II of Northwest Quadrant.Development.
Michael Mornson �)
Executive Director
10
E H L E
& ASSOCIATE'S INC
To: Mike Momson—City Manager
O
From: Stacie Kvilvang—Associate Financial Advisor
W Date: May 5,2004
Subject: Extension of Time Line for Phase H Development—Northwest Quadrant
Redevelopment
On December 19, 2003, the City Council and Housing and Redevelopment Authority (HRA)
executed a Development Agreement with Apache Redevelopment LLC for the redevelopment
of the Northwest Quadrant. According to Section 8.1 of the agreement, the Developer was to
submit detailed site plans and proformas to the City by March 15, 2004, for Phase H of the
development. Based upon review of this information and negotiations between the two
parties, the Developer and HRA were to enter into the Phase H contract addendum by May 31,
2004.
As you recall, the Phase H development was comprised of the senior condo/co-op, the high-
end town homes and additional stacked flats and were to be located on the properties located
along Stinson Boulevard and the existing 39th Avenue. Due to the extensive time that the
Developer has needed to expend on expediting and finalizing all the components of Phase I of
the development, they are requesting an extension of the above-mentioned timelines.
The Developer is still interested in completing Phase H of the development and is requesting
that the new date to submit proforma and plan information be extended to October 15, 2004
and that the date to enter into a contract addendum be extended to December 31, 2004.
Please contact me at 651-697-8506 with any questions.
cc: File
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang@ehlers-inc.com
' 11
FIRST AMENDMENT
TO
REDEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF SAINT ANTHONY,MINNESOTA,
THE HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT ANTHONY,MINNESOTA,
AND
APACHE REDEVELOPMENT,LLC
May
12
FIRST AMENDMENT TO
REDEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT ("First
Amendment")is made and entered into this_day of May, 2004,by and between the CITY OF
SAINT ANTHONY, MINNESOTA, a Minnesota statutory city(the"City"), the HOUSING
AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY,.
AE[NNESOTA, a public body corporate and politic organized and existing under the laws of the
State of Minnesota(the"Authority"), and APACHE REDEVELOPMENT,LLC, a Minnesota
limited liability company(the"Developer").
RECITALS
WHEREAS,the Developer,the City and the Authority have previously entered into a
Redevelopment Agreement dated as of December 19, 2003 (the"Redevelopment Agreement")
and the capitalized terms used in this First Amendment shall have the meaning given them in the.
Redevelopment Agreement;
WHEREAS,pursuant to the Redevelopment Agreement,the Developer agreed to
develop a Development located in the Project Area in two Phases;
WHEREAS,under Section 8.1 of the Redevelopment Agreement, the Developer and the
Authority agreed to resolve certain issues concerning Phase II by negotiating and entering into a
Phase II Contract Addendum by May 31, 2004;
WHEREAS,by letter dated April 22, 2004,the Developer has informed the Authority
that delays in Phase I have necessitated delayed completion of the Phase II Contract Addendum,
and the incidental technical, financial and legal analysis required by the Redevelopment
Agreement; and
WHEREAS,the Developer has requested that the original deadline,under Section 8.1,
for completion of the Phase II Contract Addendum of May 31,2004 be extended until December
31, 2004, and that the deadline for providing pro form.as, more detailed site plans and other
Project Element information be extended to October 15,2004.
NOW,THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does-hereby covenant and agree with the other as follows:
1. Section 8.1 of the Redevelopment Agreement is hereby amended to read as
follows:
"Section 8.1 Phase II Timing, General Contract Structure. The Developer has been
approved by the Authority to undertake Phase II of the Development,however the parties
acknowledge that certain issues remain to be resolved prior to commencement of Phase II. The
Developer has agreed to the Developer Fee Hold Back as provided in Section 11.5, as
consideration and evidence of Developer's good faith intent to proceed with Phase H. The
Parties shall proceed to resolve these issues and agree to enter into a supplement to this
Agreement (the"Phase H Contract Addendum")to establish all terms of the Phase II portion of
V 1
13
the Project not otherwise provided for herein. The Developer and Authority shall enter into the
Phase U Contract Addendum as expeditiously as practical after further technical, financial and
legal analysis by the City Consultants of the Phase H Development,but in no event later than
December 31, 2004. Developer shall provide pro formas and more detailed site plans and other
Project Element information not later than October 15, 2004 for at least the Phase IIA Senior
Housing Element and the Phase IIB Townhouse Element to allow finalization of this-negotiation.
The dates herein shall be subject to extension by up to sixty(60) days on the Developer's
request,but any further extension shall be solely at the Authority's discretion. The Authority
and Developer agree that the Phase HA Senior Housing Element and the Phase IIB Townhouse
Element shall be the first priority Elements to be undertaken in the Phase H Development."
2. Except as herein amended, other terms and provisions of the Redevelopment
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City,the Authority and Developer have caused this First
Amendment to Redevelopment Agreement to be duly executed in their names and on their
behalf, all on or as of the date first above written.
CITY OF SAINT ANTHONY,
1VIINNESOTA
By
Its Mayor
By
Its City Manager
14
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT z
ANTHONY,NIINNESOTA
By
Its Chair/Commissioner.
By
Its Executive Director
15
APACHE REDEVELOPMENT,LLC
j a Minnesota limited liability company
By
Its Chief Manager
4829-1121-3056\1 5/3!2004 12:06 PM
Y �
FAEGRE & BENSON LLP
2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-3901
TELEPHONE 612.766.7000
FACSIMILE 612.766.1600
www.faegre.com
JOHN H.HERMAN
jhemian@faegre.com
612.766.8908
April 22, 2004
City of St. Anthony
Attn: Mike Momson, City Manager
City Hall
3301 Silver Lake Boulevard
St. Anthony, MN 55418 VIA E-MAIL AND
U.S. MAIL
Housing & Redevelopment Authority
of the City of St. Anthony
Attn: Mike Mornson, Executive Director
City Hall
3301 Silver Lake Boulevard
St. Anthony, MN 55418
Re: Development Agreement by and among the City of St. Anthony,
Minnesota, the Housing & Redevelopment Authority of the City of St.
Anthony, Minnesota, and Apache Redevelopment, LLC, Dated
December 19, 2003 (the "Redevelopment Agreement"), Request for
Certain Approvals and Modifications
Dear Mr. Mornson:
In connection with the above referenced Redevelopment Agreement, we represent
Apache Redevelopment, LLC. The purpose of this letter is to present two matters for the
consideration of the City and Housing Authority.
(1) With respect to the Phase IA and IB For Sale Elements, Apache
Redevelopment, LLC proposes to assign certain rights and obligations to Silver Lake Homes
I, LLC,,a joint venture of Apache For Sale Redevelopment, LLC (an entity owned by the
principals of Apache Redevelopment) and Hunt St. Anthony, LLC (an entity whose principal
is Daniel E. Hunt). This assignment has been contemplated from the inception of the project,
and I know you are well acquainted with Mr. Hunt and his extensive prior development
portfolio of for sale housing. With the U.S. Mail copy of this letter, I enclose a copy of the
Assignment and Assumption Agreement (the "Assignment") to be entered into between
Apache Redevelopment and Silver Lake Homes I. You will note that this Assignment
follows a similar format and provides for similar obligations on the part of the assignee as the
Minnesota Colorado Iowa London Frankfurt Shanghai
i
Mike Mornson
April 22, 2004
Page 2
previously approved Commercial Element Assignment Agreement approved by the
Authority and City. Please advise me if you need any other information with respect to the
assignee, its principals or the obligations under the Assignment.
(2) With respect to Phase II of the Development, the current Redevelopment
Agreement contemplates that the Developer and Authority would enter into a Phase 11
Contract Addendum in the first half of this year. As you are aware, the acquisition of the
Three Commercial Parcels, the negotiation of the Rental Housing Purchase Agreement and
the accelerated timetable for actual implementation of both the Commercial and For Sale
Elements of Phase 1, have been exceptionally time consuming in the first six months of this
year. While, as a result, we have Phase I going forward on an accelerated schedule, this has
deflected our time and energy and makes attainment of the current contract dates for the
Phase II Contract Addendum and the incident technical, financial and legal analysis by the
City, not feasible. We would propose that the dates set forth in Section 8.1 with respect to
the Phase II portion of the development be modified so that the date for entry into the
Phase II Contract Addendum is extended to December 31, 2004, and the date for provision of
pro formas, more detailed site plans and other project element information for the Phase IIA
Senior Housing Element and the Phase IIB Townhouse Element is modified to October 15,
2004. (Note all capitalized terms have the meaning set forth in the Redevelopment
Agreement.)
Pursuant to our discussions at the last meeting, it was our understanding that the
above two matters will be considered at the May 11 meetings of the City Council and
Authority. Thank you for your consideration with respect to the above matters. Please
advise if you have any other questions.
Very truly yours,
FAEGRE & BENSON LLP
John H. Herman
JHH:harj f
cc: Stacy Kvilvang
Jay Lindgren
Jerry Gilligan
Len Pratt
Daryl Gemar
Daniel Hunt
M 1:1095379.01
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