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HomeMy WebLinkAboutCC PACKET 05241994 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103109 BOX: 30 Folder: CC PACKETS 1990-1994 Document: CC PACKET 05241994 _ H.R.A. IMMEDIATELY FOLLOWING_ REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL AGENDA MAY 24, 1994 . 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF MAY 24, 1994 COUNCIL AGENDA. IV. APPROVAL OF MAY 10, 1994 COUNCIL MINUTES, V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Rieke Carroll Muller Associates - $1 ,781 .20. B. Verified. VII. NEW BUSINESS. A. Resolution 94-036, re: Award sale of $525,000 street improvement bonds. Bob Thistle from Springsted, Inc. will be present. B. Approval of City's Insurance Renewal. Mark Flaten, American Risk Services, will be present. C. Approval of 1993 City Audit. Stuart Bonniwell, City Auditor, will be present. D. Award quotations for road materials and water supplies for 1994. E. Resolution 94-037, re: First amendment to Ramsey County CDBG Joint Cooperation Agreement. VIII. STATE REPRESENTATIVE MARY JO MCGUIRE WILL BE PRESENT TO-GIVE A LEGISLATIVE UPDATE. IX. PUBLIC HEARINGS - None. X. REPORTS. A. Mayor. B. Councilmembers. D. Interim City Manager. 1 . Recycling Center. 2. 1994 Spring Clean Up Council Agenda May 24, 1994 Page 2 XI. UNFINISHED BUSINESS None. XII. ADJOURNMENT. 1 2 CITY OF ST. ANTHONY 3 4 CITY COUNCIL MEETING 5 6 MAY 10, 1994 7 8 9 I. CALL TO ORDERIPLEDGE OF ALLEGIANCE 10 11 The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was led 12 by Mayor Ranallo. 13 14 II. ROLL CALL 15 16 Council Present: Mayor Ranallo and Councilmembers Marks, Enrooth, Fleming and 17 Wagner. 18 19 Staff Present: Acting City Manager Hamer, City Attorney Soth. 20 21 III. APPROVAL OF MAY 10 1994, COUNCIL AGENDA 22 ^3 Acting City Manager Hamer requested the sanitary sewer on 32nd Avenue N.E. be added .4 to the Agenda under VII Reports, C, number 2. In addition, strike Garceau Hardware & 25 Power Equipment under Presentation of Claims as this is a quotation and not a payable. 26 27 Motion by Enrooth, second from Wagner to approve the May 10, 1994, Agenda as 28 corrected. 29 30 Motion Carried Unanimously 31 32 IV. APPROVAL OF APRIL 26 1994 BOARD OF REVIEW CONTINUATION MINUTES 33 34 Motion by Marks, second by Wagner to approve the April 26, 1994, Board of Review 35 Continuation Minutes. 36 37 Motion Carried Unanimously 38 39 APPROVAL OF APRIL 26 1994. COUNCIL MINUTES 40 41 Motion by Fleming, second by Wagner to approve the April 26, 1994, Council Minutes 42 with the following change: 43 .4 - r5 I City of St. Anthony Council Minutes, May 10, 1994 Page 2 1 Page 2: Strike "Motion by Marks, second by Fleming, to approve this variance 2 with the same bindings as the Planning Commission. No vote was taken 3 on this motion.". 4 5 Motion Carried Unanimously, 6 7 V. LICENSESTERMITS/PETITIONS 8 9 Motion by Marks, second by Wagner to approve the following license/permit applications: 10 11 Contractors License: 12 13 Big-A Service, Minneapolis, MN 14 Palani Construction Inc., Minneapolis, MN 15 Bernie Zebro Cement Company, Minneapolis, MN 16 17 Garbage Haulers License: 18 19 Waste Management - Blaine 20 21 Motion Carried Unanimously 22 23 VI. PRESENTATION OF CLAIMS 24 25 Motion by Marks, second by Wagner to approve the following claims: _ 26 27 B. Calgon Carbon Corporation in the following amounts: 28 1. $35,261.80 29 2. $35,279.60 30 C. Dorsey &Whitney in the amount of $1,575.45 for legal services rendered through 31 March 31, 1994. 32 D. Hance & LeVahn, Ltd. in the amount of $2,400.00 for prosecution services 33 rendered. 34 E. Stuart Bonniwell in the amount of $6,000.00 for auditing the City's financial 35 records. 36 F. Brimeyer Group, Inc. in the amount of $3,666.00 as progress payment in the City 37 Manager Search. 38 G. Verified claims, 4 pages, as submitted by the Finance Director. 39 40 Motion Carried Unanimously 41 City of St. Anthony Council Minutes, May 10, 1994 Page 3 1 VII. 2 3 A. Ma, or 4 5 Mayor Ranallo received several letters concerning recycling, one of which was from 6 Mirror Lake residents stating that they wanted to keep the Recycling Center open because 7 they do not have recycling at the townhomes. The hauler will not pick up plastic, etc.. 8 Mr. Hamer stated he would check with Mirror Lake-because the license requirements are 9 such that the contractors must pick up recycling a minimum of once a week. 10 11 Mayor Ranallo said that Vince Ella who owns a home on Belden Drive indicated that 12 water was backing up into the area. Vince Ella, as well as a neighbor, has a retaining wall 13 which is now caving in from the water. They would like the wall to be replaced. Mayor 14 Ranallo requested Mr. Hamer to check into this matter. 15 16 B. Council 17 18 CounQUMMht wage attended the Apache Merchants' Association meeting and Dennis Cavanaugh, whose company manages Apache Plaza, was present to make a statement _J about Cub Foods. At the meeting, Cavanaugh said that SuperValu was confident of the 21 agreement between SuperValu and New Market and that lawyers for the two are finalizing 22 an agreement. The Merchants at Apache Plaza were very enthusiastic at this news. 23 24 Councilmemher Fl m+na said she received a call from residents on Croft Drive and'31st 25 Avenue N.E. concerning standing water. She stated Mr. Hamer was informed of this. 26 Fleming distributed copies of Library Task Force actions. She asked that if anyone has 27 any helpful ideas, to let her know. The Task Force decided they would rotate attendance 28 at the Hennepin County Board of Commissioners meetings to stay on top of Commission 29 activities. 30 31 Councilmemb r Marks had no report. 32 33 Councilmember Enrooth indicated he had received a call from a resident about closing the 34 Recycling Center. The caller suggested residents use plastic cards. Enrooth stated that 35 there is some opposition to closing the Center. He reported on Clean Up Day and thanked .36 everyone involved with this successful project. The City took in $2,800.00 for scrap 37 metal and provided a service for the community. -He appreciated having members of the 38 Environmental Quality/Recycling Task Force there to monitor what was being dropped 39 off. .,1 I City of St. Anthony Council Minutes, May 10, 1994 Page 4 1 C. Interim City Manager. 2 3 Hamer requested that discussion of rezoning the Lowry Grove Trailer Park be included 4 on the Work Session agenda for May 31st. 5 6 Mayor Ranallo said ordinarily the Work Session is held on the first Tuesday evening of 7 the month but because the League of Minnesota Cities Conference is scheduled that week, 8 the Work Session will be held on May 31st at 7:00 P.M.. 9 10 • Police Services for the City of Falcon Heights. Police Chief Dick Engstrom.presented the 11 proposal whereby the St. Anthony Police Department would provide police services for 12 the City of Falcon Heights. The proposal projects substantial savings in each one of the 13 budgets for the first year. The start-up costs for officers was discussed as well as hiring 14 and testing processes. Costs for uniforms, insurance, holiday pay, salaries and 15 unemployment was reviewed. Chief Engstrom stated he would hire four officers at the 16 same time but start two officers immediately and two the first of the year. If the need 17 arose to lay off officers, the City would have enough revenues to cover any unemployment 18 costs. He stated Falcon Heights and Lauderdale desire an agreement for every two or 19 three years and that that would mean there would have to be some kind of Contingency 20 Fund or Surcharge written into these Agreements to offset any fluctuation in the economy, 21 especially in costs to the City. Mayor Ranallo stated he would like a two year contract 22 with an opener for the third year. 23 24 Motion by Marks, second by Enrooth to approve the two year proposal for policing 25 services with the City of Falcon Heights, with a 3% increase the second year. City_ . 26 Attorney Soth was directed to draft the Agreement. 27 28 Motion Carried Unanimously. 29 30 • Midwest Asphalt. 31 32 Hamer stated that after the sanitary sewer was televised, the magnitude of the sewer line 33 problems on 32nd -Avenue N.E. was discovered. Because of this, Mr. Hamer 34 recommended that work on the sewer lines be done in conjunction with the road 35 reconstruction. Council approval of this recommendation is required because a Change 36 Order on the contract with the contractor doing the street and sewer improvements would 37 need to be added. 38 39 40 41 City of St. Anthony Council Minutes, May 10, 1994 Page 5 1 Motion by Wagner, second by Marks to direct Interim City Manager Hamer to proceed 2 with obtaining the Change Order for the installation of 600 feet of sanitary sewer line 3 along 32nd Avenue N.E.. 4 Motion Carried Unanimous Y 5 6 VIII. PUBLIC HEA RING - None. 7 8 IX. NEW BUSINESS 9 10 A. Award quotation for purchase of a lawn mower. Interim City Manager Hamer 11 recommended the low bid from M.T.I. for $13,842.87 of the three proposals. 12 13 Motion by Marks, second by Fleming to accept the M.T.I. bid for the purchase of 14 a lawn mower in the amount of$13,842.87. 15 16 Motion Carried Unanimously 17 18 B. Resolution 94-033, regarding rental lease for Minnesota Swimming. Motion by Marks, second by Enrooth to approve a rental lease with Minnesota 21 Swimming. 22 23 Motion Carried Unanimously 24 25 C. Resolution 94-034, regarding rental lease for Aga Khan. 26 27 Interim City Manager Hamer stated the Aga Khan requested a two year lease 28 because they feel their Council would give them money to carpet the rental space. 29 Mr. Hamer said he spoke with their representative and informed him there is a 30 possibility the building would be demolished and that they understood this may 31 happen. Councilmember Marks stated on Page 1, Article 2: Terms, the lease 32 should be changed to read "twenty-four (24) months". 33 34 Motion by Marks, second by Wagner to approve the rental lease with Aga Khan 35 Cultural Center with the change on Page 1 of the lease. 36 37 Motion Carried Unanimously 38 D. Recycling Center. 39 Mayor Ranallo stated the Council and staff have all received letters concerning the 1 Recycling Center. He reiterated his earlier statement that every rubbish hauler in I ,I City of St. Anthony Council Minutes, May 10, 1994 Page 6 1 St. Anthony is required to pick up recyclables. Councilmember Enrooth 2 interjected that there were no exceptions and it is one of the conditions to be 3 approved for a license in the City. Bob Patterson, 3761 Foss Road, addressed the 4 Council. He is a new member of the Environmental Quality/Recycling Task 5 Force. Mr. Patterson agreed that there is reason to close the Recycling Center but 6 with all of the apartments, .townhomes and condominiums, there wouldn't be much 7 chance for those residents to continue to recycle easily. Mr. Patterson indicated 8 he lives in the Fosston Townhomes and their rubbish hauler is Waste Management 9 of Blaine..At present, they have rubbish pick up two days a week and no pick up 10 of recyclables. After a meeting with Waste Management, the agreement was that 11 the rubbish haulers would pick up rubbish and recyclables one day a week. He 12 feels that everybody, whether townhomes or apartments, should be able to 13 recycle. Mayor Ranallo was of the opinion that if the haulers want to pick up 14 rubbish twice a week, that was all right, however they must pick up recycling 15 without any additional charge a minimum of once a week. Mayor Ranallo 16 suggested staff investigate the situation at the Fosston Townhomes and the Council 17 table this issue until their May 24th meeting. 18 19 Motion by Marks, second by Enrooth to table closure of the Recycling Center until 20 the May 24th Council meeting. 21 22 Motion Carried Unanimously 23 24 X. UNFINISHED BUSINESS - None. 25 26 XI. ADJOURNMENT 27 28 Motion by Enrooth, second by Fleming to adjourn the meeting at 8:15 P.M. 29 30 Motion Carried Unanimously 31 32 Respectfully Submitted 33 34 Karen Long, Council Secretary 35 36 37 38 Mayor Clarence Ranallo 39 40 ATTEST 41 City Clerk gain th®n . .C ills e DATE: May 24, 1994 APPROVAL:--4V TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Garbage Haulers License: Walter's Rubbish, Blaine, MN Vasko Rubbish Removal, Inc., St. Paul, MN Aagard Environmental,.Eagan, MN Vending Machine License: Bernick's Full-Line Vending Multiple Dwelling License: 3820 Macalaster Drive/Frances Sandberg 3200-3225 Diamond 8 Terrace/Northern Gopher Enterprises Equinox Apartments/Sentinel Management Company 3804 Highcrest Road/Metes & Bounds Management Contractors License: Card Construction, St. Paul, MN i . ain tho ills e DATE: May,24, 1994 APPROVAL: TO: - Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Temporary 3.2 Beer Permits: June 11, 1994/Central Park/Patricia Fagerlee June 18, 1994/Central Park/Karen Leman July 16, 1994/Central Park/Patricia Fagerlee CITY OF ST &NTHONY DEPARn, IENT OF LICENSING Date: The following is an application for use of 3.2 beer in City Parks. FULL INTAME OF APPLICANT: X nLtc t4i C L I'&&I (Must work in St. Anthony or live in St. Anthony) ADDRESS: 005('u - 3t1 Ct L.e_ lie AGE: I certify that I am a resident of St. Anthony or work in the City. I am responsible for conduct of his/her group. Signature of Applicant NAME OF GROUP: LEA Ui Cc.c-t I`c I L C # IN GROUP: &v LOCATION: ►4a «"--L. DATE: lr HOURS: TELEPHONE : `7 q 1 - Y 77 $50.00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: RETURNED: s� INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 9 Phone: 781-5021 Facilities Reservation Form Permit No. 6617 Name Ml ke+ QVCIA L_f_ t!t k Home Phone -7,11 -q-7-11 Bus. Phone Address �3C QVf 7 Today's Date Name of Group or Organization r eL ` Intended Use Icl r Date(s) wanted �� ��I c1 Day(s) Su M T W Th Fe (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classroom(s) # Other A� IV) tJ� a� Gymnasium (If High School, circle one: LARGE SMALL ) �r 3 Kitchen Other //� Doors to open am pm Expected attendance: L17 r Activity begins -am /,roe) pm Admission: Free Charge Activity ends am - "kern Will merchandise be sold? Special arrangements needed (chairs, cooks. AV equipment, etc.): I hereby certify that I am an-agent of the above named group or organization and am authorized to accept in their name the responsibility for observance'of.the rules and regulations of the Board of Education. Independent School District#282.As a group or organizational agent,l will attend this function,and I will be solely responsible for giving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the Initial date. In accepting this arrangement. rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for potential damages incurred in this rental arrangement. (signature of responsible person) Bill to: (name) (address) -------FOR OFFICE USE ONLY--- ------------------- Class Ins Approved - Date Charges: Rental Custodial Cooks Other charges: Note: r - ft sw%4�cam Ce r"Y&nv_bairn ofies cm mm—mmdnd cm Ootn—""mnh Cam CITY OF ST ANTHONY DEPART.IIENT OF LICENSING Date: IM L O `t� The following is an application for use of 3.2 beer in City Parks. FULL NAME OF APPLICANT: _?A, J-.Qa e;o (IN4ust work in St. Anthony or live in St. Anthony) ADDRESS: 3qD-1 AGE: 9 I certify that I.am a resident of St. Anthony or work in the City. I am responsible for conduct of his/her group. u Signature of Applicant NAME OF GROUP: _kbe4r , Cec idsi # IN GROUP: Z57 LOCATION: l Av.I, DATE: M ne. if 09 LA HOURS: It TELEPHONE#: $50.00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 0 Phone: 781-5021 Facilities Reservation Form Permit No. ," Name Home Phone �'7J Bus. Phone Address V � t-`'�� Today's Date Name of Group or Organization Intended Use -� -� Date(s) wanted / Day(s) Su M T W Th F Sa (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classrooms) If Other Gymnasium (If High School, circle one: LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activity begins am pm Admission: Free Charge Activity ends am pm Will merchandise be sold? Special arrangements needed (chairs, cooks, AV equipment, etc.): I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District #282. As a group or organizational agent, I will attend this function,and I will be solely responsible forgiving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for potential damages incurred in this rental arrangement. (signature of responsible person) Bill to: j - '.- ` 6-7 (name) (address) ---------------------------------------------FOR OFFICE USE ONLY--------------------------- ------------------- Class Ins Approved by •X �"�-� �- �_- -��f�---+ Date � o Charges: Rental Custodial Cooks Other charges: Note: 'r ' .;� ��� �1.�•�'� %� �i�`y� � j2 c�...:�1. t�..0 /= t,• ���i� , WHITE—C --urdh 6mkM onke Caar cAmARY—Surge"oMloe ca" viHx �foaoer Coor aoC —Aoonc.r+re cover CITY OF ST ANTHONY DEPARTMENT OF LICENSING Date: II T"he following is an application for use of 3.2 beer in City Parks. FULL NAME OF APPLICA.'1T: �k v%u Ra F g>e Z u- (Must work in St. Anthony or live in St. Anthony) ADDRESS: AGE: _ I certify that I am a resident of St. Anthony or work in the City. I am ponsible for conduct of his/her group. 1 � Signature of ApplicAnt NAME OF GROUP: �- # IN GROUP: 3O LOCATION: ?*,j,1,o., - Lztnkn►S lt�K- DATE:_ 1����t`f1 y HOURS: L, - G-° TELEPHONE#: 3a7�- $50.00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: RETURNED: y INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd * St. Anthony, MN 55418 0 Phone: 781-5021 Facilities Reservation Form Permit No. Name Home Phone 34r=30E�us. Phone Address '7 - Today's Date ' Name of Group or Organization ?« ' act i Intended Use Date(s) wanted l - Day(s) Su M T W Th F Sa (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classrooms) # Other Gymnasium (If High School, circle one: LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activity begins am pm Admission: Free Charge Activity ends am pm Will merchandise be sold? Special arrangements needed (chairs, cooks. AV equipment, etc.): I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the.Board of Education, Independent School District#282. As a group or organizational agent, I will attend this function,and I will be solely responsible for giving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility. Rentee waives all rights and claims for potential damages incurred in this rental arrangement. _ signature of responsible person) Bill to: (name) (address) --------------------------------------------FOR OFFICE USE ONLY----------------------- ---------------- Class Ins Approved by /•-�' •y ' - �- `�' ��� �/ Date Charges: Rental Custodial Cooks ! Other charges: Note: Rieke Carroll Muller Associates, Inc. ` INVOICE / Engineers • Architects • Land Surveyors STATEMENT P'NNETTONKA.MN 55343 GAYLORD,N 55334 C1 ST.. BOX CLOUD.MN 58301 GRAND RAPIDS.MN 55744 FARISAULT.MN 550217E 1 MAY 10, 1994 INVOICE NO. 30483 PROJECT NO. 10223.02 CITY OF ST. ,ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY,. MN. -- 55418 AT.TN: MR. LARRY HAMMER FOR: STREET RECONSTRUCTION PROFESSIONAL SERVICES FROM MARCH 27, 1994 TO APRIL 30, 1994 ----------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT CIVIL ENGINEER 16. 0 60. 00 960. 00 SR FIELD- REP 13. 5 40.00 540.00 SECRETARY/REPRO 38.00 281 .20 TOTALS 3 1 ,781 :20 .L . ' .'• OTAL LABOR 1 ,781 .20 TOTAL THIS INVOICE S 1 ,781 . 20 A d6C ra-undec.t e ' f CCO n a rdama ts�i![is 'dri'd;' .b! .SIGNATURE SIGNATURILOF C C4,: v' .:C FINANCIAL SYSTEM ST , ANTHONY VILLA" 05/11/94 10: 56 Check Register GL540R-VO4. 15 PAGE ANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT .00001 AMER. LINEN DIRECT SALES 5725 05/12/94 8^0 . '24 004015 AMERICAN LINEN SUPPLY CO 5726) 05/12/94 673. 76 004027 ARONSON/TIMOTHY 5727 05/1/94 40 . GO 0040,30 ASCAP 5728 6)5/12/94 256 . 67 004039 e,ONNIWELt_/STUART J 5729 05/12/94 2. , 500 . 00 004040 607'D HOUSER CANDY Y TOBA 577 05/12/94 2 ,023. 57 0-04059 CARLSON/GARY 5731 05/12/94 300.00 .00002 CARTER'S LAKELAND ADV. 5732 05/1.2/94 800. 00 004080 CITY COUNTY FED CREDIT U 5733 05/12/94 10. 00 004085 CITY OF ST ANTHONY 5734 05/12/94 75 .09 004095 COCA COLA BOTTLING 5735 05/12/94 1 , 185. 73 004101 COMMERS 5736 05/12/94 989 . 00 004104 COMPUTER CHEQUE OF MN 5737 05/12/94 131 .00 004111 DATA & TEL COMMUNICATION 5738 05/12/94 79. 55 004120 EAGLE WINE CO 3739 05/12/94 346.69 004125 EAST SIDE BEVERAGE CO 5740 05/12/94 26,958 . 15 004130 ECOLAB 5741 05/12/94 117 .74 004135 ELECTRO WATCHMAN INC 5742 05/12/94 479. 25 004410 FIRSTAR ST ANTHONY- BANK 5743 05/12/94 - 15,000.00 004145 GANZER DISTRIBUTORS INC 5744 05/12/94 8,752. 55 004175 GRIGGS COOPER & CO INC 5745 05/12/94 7 ,757. 08 004201 HEGGIES PIZZA -5746- 05/12/94 , 6.S. 60 004205 HOME JUICE CO 5747 05/12/94 77. 26 004208 I C M A RETIREMENT TRUS 5748 05/12/94 20.00 -- 004216 - JANI-KING.-OF MN - 5749- 05/12/94 - - - 742.31 - 004218 JOHNSON PAPER & SUPPLY C 5750 05/12/94 757 . 77 004220 JOHNSON WINE CO 5751 05/12/94 14 ,866. 36 - 004225 - KRAFT- FOODSERVICE - - - - - - --5752 05/12/94 - - 685.08 004230 KUETHER DISTRIBUTING CO 5753 05/12/94 23,501 . 55 004231 LANGRIDGE/MIN 5754 05/12/94 65.00 - 004250 LUNDGREN/MATTHEW H . - 5755 05/12/94 --- - - 80.00 004265 MARK VII SALES INC 5756 05/12/94 13,716.53 '004272 METZ BAKING CO 5757 05/12/94 27.07 004274 MIDWEST-- BUSINESS- - 23.-52-- 004293 MINN BAR SUPPLY 5759 05/12/94 463. 23 004290 MINNEGASCO 5760 05/12/94 585. 81 - - 004338 - NORTH--STAR - -- -- ---- -- 5761-05/12/94------ 343.68 004334 NORTHEASTER 5762 05/12/94 226. 25 004345 OLD DUTCH FOODS INC 5763 05/12/94 176.38 PAQUETTE.- MAINTENANCE-; 35- 0043S7 PARTY BELL ENT . 5765 05/12/94 175.00 004354 PAUSTIS & SONS 5766 05/12/94 64.90 - 004355 PEPSI COLA-7 - UP . 60TTLING-- - --- -5767- 05/-1-2/­94------ --- - 81-7-.65- - 004360 PHILLIPS AND SONS COMPAN 5768 05/12/94 1 .500. 10 004372 PLUNKETT'S 5769 05/12/94 119.10 ----- - - 004376.._....._. PRIOR WINE CO - _._..__......_.__._...._5770-.05/12/94--- -..._-_.._...164: 75 .. .. 004380 PUBLIC EMPLOYEE RETIREME 5771 05/12/94 60.00 004385 QUALITY WINE CO 5772 05/12/94 2,661 .67 MC FINANCIAL SYSTEM ST . ANTHONY VILLAG . 05/11/94 10: 56 Check Register GL540R-VO4 . 15 PAGE ANK VENDOR CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 004390 REX DISTRIBUTING CO 5773 05/12/94- 12, 397 . 75 . 00003 SCHUTTA'S HARDWARE 5774 05/12/94 10. 64 004285 ; TAR TRIBUNE 5775 05/12/94 49. 64 004450 STUART DISTRIBUTING CO 5776 05/12/94 168. 35 004466 5YSC0-MINNES0 TA 5777 05/12/94 202. 71 004467 TIM'S TRANSFER, INC. 5778 05/12/94 1 , 269 .00 - 004480 TWIN CITY FILTER SERVICE 5779 05/12/94 - 141 . 22 0 004481 TWIN CITY JANITOR SUPPLY 5760 05/12/94 201 . 73 004491 UNITED WAY 5781 05/12/94 15. 00 004494 WASTE MANAGEMENT - BLAIN 5782 05/12/94- 420. 34 LIQUOR CHECKING ACCOUNT 146, 501 . 35 * .: BRC FINANCIAL SYSTEM ST . ANTHONY VILL4 05/17/94 12:31 Check Register GL540R-VO4 . 15 PAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST-. ' ANTHONY- CHECKING- 000020 AA BATTERY CO 6.683 05/25/94 72.94 000120 AMERICAN LINEN 6684- 05/25/94 13 .30 005201 AMERICAN STORES 6685 05/25/94 97 . 32 000115 AMES PHOTO FINISH 6686 05/25/94 13. 92 005038 ANIMAL CONTROL MG 6687 05/25/94 180:00 . 00001 APACHE WELLS 6688 05/25/94 160.86 008194 ARMAMENT SYSTEMS & PROC. 6689 05/25/94 108.00 000232 -ASHLAND CHEMICAL CO - 6690 05/25'/94 - ---- 59.-65 008104 AT & T CONS PROD DIV 6691 05/25/94 48.95 007168 BOYER TRUCK PARTS 6692 05/25/94 87. 18 007315 BROWNING-FERRIS INDUSTRI 6693 05/25/94- 923'.35- 007177 CARLSON TRUE VALUE 6694 05/25/94 6.38 007300 GEMSTONE PRODUCTS COMPAN 6695 05/25/94 135. 18 000800 -- DAVIES WATER EQUIP INC 6696-05/25/94 - 34.51 000810 DICKSON ELECTRIC 6697 05/25/94 97 .00 .00002 DONATELLE'S 6698 05/25/94 783. 77 000920 FEED RITE ' CONTROLS 6699 05/25/94 405.50 .00003 FIRE CHIEF 6700 05/25/94 78.00 008177 FLYNN/TIMOTHY S. 6701 05/25/94 18.00 _ ..--------001030-....._..G'--&"- K 'SERVICES----- ---- .00004 GAVIC/CAROL 6703 05/25/94 50.00 001145 GLENWOOD INGLEWOOD 6704 05/25/94 30. 40 _ -- 001250 -GRAINGER INC/W- W-- - - - ----6705 05/25_/94_____ .00002 GRC TRUCK CENTERS 6706 05/25/94 15.33 008191 HALET/JEF_FREY _ _ 6707 05/25/94 8.70 - - 008195 HARTFORD CHEMICAL 6708 OS/25%94� 131.84 001505 HENN CO SHERIFF 6709 05/25/94 58.77 .00005 HIGHW00_D FOODSERVICES 6710 05/25/94 '164.01 001601. .. - INGMAN LAB -- - -- - --- ------ -- -6711--05%25%94-----------... - -....82.50----- 007195 J B E INC 6712 05/25/94 1 ;-000.00 001680 J C AUTO SUPPLY 6713 05/25/94 7.66 -- - 00004 S APPLIANCE -- 007102 JOHNSON/RICHARD 6715 05/25/94 68.01 0.08192 LEHNER/RONALD 6716 05/25/94 18.00 ---- 00003------ LIGHTNING--DISPOSAL 'INC -- ------67'17-05/25/94 - ------1;498:67- - 002395 M T I DIST CO 6718 05/25/94 5.35 008136 M.A.B . ENTERPRISES, INC. 6719 05/25/94 298.60 -008193----.----MCFOA TREASURER-------- 002850 MEDICA CHOICE 6721 05/25/94 935.80 008162 MEREDITH CABLE 6722 05/25/94 2. 16 .00005'--'---MIDWAY ELECTRON ICS -- - --- 6723 05/25/94 - 002280 MIDWEST ASPHALT CORP 6724 05/25/94 37.49 002380 MINNEGASCO INC 6725 05/25/94 3,633.71 005112 MN POLICE 9 ECRUITMENT SY '6726­05/25/94 168.'04 008196 MPLS HEALTH DEPARTMENT 6727 05/25/94 55.60 002680 NORTHERN STATES POWER 6728 05/25/94 3,046.44 ---__--_002720---------NORWEST_-BANK--MPLS NA--------- - - 6729-05/25/94 -------"- - -125 00----- 007329 0 L E 0 6730 05/25/94 228.00 BRC FINANCIAL SYSTEM ST. ANTHONY VILLA 05/17/94 12:31 Check Register GL540R-VO4. 15 PAGE BANK VENDOR CHECK# DATE AMOUNT - FIRS--FIRSTAR-ST.--ANTHONY-' CHECKING -- _ 003120 RUFFRIDGE JOHNSON EQUIP 6731 05/25/94 65.21 -- 003315- - SERCO - LABORATORIES 6732' 05/25/94 360.00 .00006 SMITH-SHARPE COMPANY 6733 05/25/94 83.07 003150 ST ANTHONY MUNICIPAL LIQ 6734 05/25/94 63 . 50 007311 SUBURBAN COLLISION & PAI 6735 05/25/94 1 ,058.85 .00001 TERRA INTERNATIONAL , INC 6736 05/25/94 443. 39 003560 TRACY PRINTING 6737 05/25/94 61 .90 - --008018---.---TREADWAY GRAPHICS-- -- - - _ ___ __6738__05/25/94 _ ' 262. 50 008112 TROMBLEY/ALLAN 6739 05/25/94 18.00 008010 UNIFORMS UNLIMITED _ 6740 05/25/94 873. 56 003695 LNIVERSITY_'O-F_MINN _ _ESOTA 67.41 05`25/94 25. 56 002700 US WEST COMMUNICATIONS 6742 05/25/94 1 ,072. 17 _ _008168 WALMAN OPTICAL CO. _ _ _6743 05/25/94 _ _ _ _ 71 . 78 000830 ZEE MEDICAL SERVICE 6744 05/25/94 48.61 FIRSTAR ST. ANTHONY CHECKING 19,940.81 CERTIFICATION OF MINUTES RELATING TO $525,000 GENERAL OBLIGATION IMPROVEMENT.BONDS, SERIES 1994B Issuer: City of St. Anthony, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on May 24, 1994, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (including): RESOLUTION 94- 0 3 6 RESOLUTION RELATING TO $525,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 199413; 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 I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions Laken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the -governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as •required by law. WITNESS my hand officially as such recording officer this day of 1994. Connie Kroeplin, City Clerk It was reported that proposals for the purchase of the $525,000 General Obligation Improvement Bonds, Series 1994B of the City (the "Bonds") in accordance with the Terms of Proposal for the sale of the Bonds approved by the City Council by Resolution 94-031, adopted April 26, 1994. The bids have been opened, read and tabulated, and the terms of each were found to be as follows: Bidder Purchase Price Interest Rates Net Interest Cost i Councilmember then introduced the following resolution and moved its adoption: RESOLD 7ON 94- 036 RESOLUTION RELATri G TO $525,000 GLVERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B; AWARDR,'G THE SALE, FIXL\'G THE FORM AND DETAILS A.ND PROVIDING FOR THE EXECU77Oi AND THEREOF AND SECURITY THEREFOR AND L DELIVERY VALOREM TAXES FOR THE PAYMENT THEREOF AD BE IT RESOLVED by the City Council of the City of St. Anthony, --Minnesota (the "City"), as follows: y Section 1. Recitals Authorization and Sale of Bonds. 1.01.. Authorization. This Council has heretofore ordered various improvements, to be constructed within the City under and p ursua nt to Minnesota Statutes, Chapter 429, consisting of street reconstruction on 32nd Avenue Rankin Road to Silver Lake Road; bituminous overlay on Croft Drive from N.E. from Avenue N.E. to 33rd Avenue N.E.; bituminous overlay on Sk croft Drive 32nd 32nd Avenue N.E. to 33rd Avenue N.E.; bituminous overlay rive from from Rankin Road to Silver Lake Road; bituminous overlay yon on Rant Avenue N.E. 32nd Avenue N.E. to 33rd Avenue N.E.; and bituminous overlay on 32nd Road from N.E. from Croft Drive to Rankin Road (collectively the "Improvements").32nd Avenue present estimated total cost of the Improvements is as follos: The Z Project Costs Discount Allowance . . . . . ' ' ' ' ' $517,650 —L3-50 Total . . . . . . $525,000 This Council hereby determines to issue and sell $525,000 principal General Obligation Improvement Bonds, Series 19948, of the City p pal amount of defray the expense incurred and estimated to be incurred b the ity i "Bonds") to Improvements, including every item of cost of the kinds authorized City in making the Statutes, Section 475.65, and $7,350 representing interest as provided in Minnesota Statutes, Section 475.56. The City has retained Springsted Incorporated ed in Minnesota' aca financial advisor to the City in connection with the issuance an to act as and it is hereby determined to sell the Bonds without meeting he requirements the Bonds, to public sale under Minnesota Statutes, Section 475.60, subdivision , prsuant as the exception from such requirement contained in clause (9) of Minnesota to Section 475.60, subdivision 2. innesota Statutes, 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 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: -2- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B Date of Interest Rate Maturity_ Original Issue CUSIP June 1, 1994 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing February 1, 1995, 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 , in as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -3- 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 facsimile signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. Date of Authentication: CITY OF ST. ANTHONY (Facsimile Signature) (Facsimile Signature) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar i By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $525,000 (the 'Bonds"), issued pursuant to a resolution adopted by the City Council on May 24, 1994 (the "Resolution"), for the purpose of financing 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 1994 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 -4- 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 1996 through 2003 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2004 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, 2003 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 purpose of receiving payment and for all other -5- 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. 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 TRAINS MIN ACT. . . . . Custodian. . . . . in common (Cust) (Minor) 'TEN,ENT — — as tenants by the entireties under Uniform Transfers to JT TEN — — as joint tenants Minors with right of - survivorship and Act. . . . . . . . . . . . . . . . . . . . . . not as tenants in (State) common Additional abbreviations may also be used. -6- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Section 3. Bond Terms, Execution and Delivery_. 3.01. Maturities, Interest Rates, Denominations, Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 1994B" and shall be payable primarily from the 1994 General Obligation Improvement Bond Fund of the City created in Section 4.02. The Bonds shall be dated as of June 1, 1994, 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 -7- 360-day year consisting of twelve 30-day months, from June 1, 1994 until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts, respectively: Year Amount Rate Year Amount Rate 1996 $10,000 2004 $35,000 1997 25,000 2005 40,000 1998 30,000 2006 40,000 1999 30,000 2007 45,000 2000 30,000 2008 45,000 2001 30,000 2009 45,000 2002 35,000 2010 50,000 2003 35,000 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, 1995, to the owners thereof as such appear of record in the bond register as of the dose 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)he rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Rem. 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 -8- 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.- (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 -9- destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond %vas 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 Registrar.trar. The City hereby appoints in , as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with ' as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which.event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar from the 1994 Improvement Bond Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05.- Redemption. Bonds maturing in the years 1996 through 2003 are payable on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2004 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, 2003 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 -10- 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 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. Section 4. Security Provisions. 4.01. 1994 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1994 Improvement Construction Fund" (hereinafter referred to as 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) $517,650 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 -11- 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. 1994 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 "1994 Improvement Bond Fund" (hereinafter referred to as 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 $517,650 received from the Purchaser, (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, 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. • 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 -12- 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 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 19 and that deferred installments shall bear interest at the rate of not less than percent (_%) 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 • 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006. 2007 2007 2008 . 2008 2009 -13- The foregoing tax levies 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 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 -14- i depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. County Auditor Registration, Certification of Proceedings, Investment of Money Arbitrage, Official Statement and Fees. 6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditors shall require, and to obtain from said County Auditors 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, 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. -15- 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. 6.04. 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 bn their date of issue, computed by the actuarial method. The City resyrves 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. 6.05. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. -16- 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents.that in calendar year 1994 it does not reasonably expect to issue tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated May 10, 1994, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby approved. Springsted Incorporated, is hereby authorized of behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the Bonds required to be included in the Official Statement by Rule 15c2- 12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 20 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. Mayor Attest: i City Clerk -17- 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. -18- MEMORANDUM DATE: May 18, 1994 TO: Larry Hamer, Interim City Manager FROM: Roger Larson, Finance Director ITEM: LEAGUE OF MN CITIES INSURANCE RENEWAL Mr. Mark Flaten of American Risk Services will be present at the May 24, 1994, Council Meeting to discuss and finalize insurance coverage for June 1, 1994 - May 31, 1995. The attached information includes price quotations for property, auto, general liability, workers' compensation and liquor liability. The cost for maintaining our present coverage of $10,000 deductible and $50,000 aggregate'totals $253,74 9. This amount represents an decrease in premiums of ($1,665) which is primarily due to a decrease in liquor liability costs ($12,261). This decrease is based upon splitting the On-Sale and Off-Sale liability coverage between two company's (Transcontinental & Britamco Underwriters). As in previous years, no other insurance companies chose to compete with the League of Minnesota Insurance Trust. However, four insurance carriers quoted on liquor liability coverage. Last year's carrier, Park Glen, is,higher than the lowest bids by $12,261. It should be noted that the "hold the line in premium costs" approach balances the 1995 insurance budget. Workers' compensation costs continue to rise. To offset the increases, in 1993 St. Anthony adopted the following workers compensation options: A. Managed Care Plan where employees who are injured on the job are assigned to a specific clinic for rehabilitation of their injury. This results in a 5% reduction in workers' comp premiums. B. $500 deductible per claim for medical costs only. This results in a 4% reduction in premiums. I Recommendation: Staff recommends approval of the following insurance coverage for the upcoming year: 1) Council accept the League of Minnesota Cities insurance proposal for property, auto, and general liability «-hich includes a $10,000 Deductible Per Occurrence/$50,000 Aggregate. 2) Council approve workers' compensation coverage totaling$115,637 which includes an employee Manage Care Plan and a $500 per claim deductible. 3) Council approve Transcontinental as the City's Off-Sale liquor liability carrier at a cost of $16,033. 4) Council approve Britamco Underwriters as the City's On-Sale liquor liability carrier at a cost of $54,646. 199344 1994-95 94-93 94-93 1994-95 Sublect of Insurance LMCIT LMCIT Change Percentage Alternative Property 6.899 6,387 (512) -7.42% 54,202 (1) Limits: 5,140,800 5.287,950 147,150 2.86% 5,287,950 Rate per(00's): 0.134 0.121 -10.00% Included Inland Marine 1,319 1,192 (127) -9.63% Included Boller b Machinery 342 372 30 8.77% 372 Crime Fidelity 765 765 0 0.00% 765 Automobile 12,456 11,393 (1,063) -8.53`yo Included $600,000 CSL Liability Deductible: 10,000 10,000 25,000 Comprehensive Deductible: 10,000 10,009 25,000 Collision Deductible: 10,000 10,000 25,000 General Liability 49,900 44,630 (5,270) -10.56% Included (2) $600,000 CSL (2) Liability Deductible: 10,000 10,000 25.000 Open Meeting Law (3) 139 865 (172) -16.83% Included (3) Petro Fund-Option 4,230 (4) Workers'Compensation 109,189 115,637 6,448 5.91% 115,637 (5) Payroll 2,012,834 2,101,608 88,774 4.41% 2,101,608 Experience Modification 1.17 1.31 11.97% 1.31 Average Rate w/out Exp Mod 4.64 4.20 -9.41% 4.20 Liquor Liability 72,755 70,678 (2,077) -2.85% 70,678 (6) $500,000 Receipts: 3,907,000 3,800,000 (107,000) -2.74% 3,800,000 Rate per$100 Receipt: .1.86 1.86 -0.12% 1-.86 Public Officials Liability Included Included 0 Included Inverse Condemnation Included Included 0 Included $600,000 Liability Deductible: 10,1)00 10,000 25,000 Agent Fee: 4,000 4,523 523 13.08% 4,523 Commission Offset 2,350 2,693 343 14.60% 2,693 Total-Excluding Petro Fund 255,415 253.749 (1,665) -0.65% 243.4114 $10,000 Per Occurrence/$50,000 Aggreg Maintenance Deductible-$1,000 $25,000 Per Occurrencel$50,000 Aggreg 0 Maintenance Deductible-$1,000 Standard Deductibles 94,925 85,548 Deductible Savings 24,351 21,946 96,420 Dividends 21.013 82,356 Retro Return(Additional) 0 Losses wrin Deductible 0 Surplus Available 21,013, 70,730 (1)$25,000/50.000/1,000 Alternative Deductible-Approximately$9,400 Savings (2)To Eliminate Medical Payments-Approximately$415 Additional Savings (3)Opon Meeting Law-1993194 Annualized Premium is$1,040 (4)Petro Fund-Option (5)WC Managed Care Plan 8$500 Medical Only Deductible (6)liquor Liability Limits At$500,000-Transcontinental(Off Sale)Brilamco(On Sale) Optional Excess Liability 1993 1994 1994 With Waiver of Immunity 29,203 26,305 39,525 Without Waiver of Immunity 21,275 19,307 28,960 l of l Prepared By. American Risk Semites, Inc. City of St. Anthony sn,.94 Park Glen St.Paul Cos. Transcontinental Britamco Underwriters Liquor Liability 1994 1994 1994 1994 1994 1994 1994 1994 1994 1994 1994 1994 1994 Limits of Liability 500,000 500,000 600,000 500,000 500,000 500,000 1,000,000 1,000,000 500,000 500,000 Location Sales Rate 100 Premium Sales Rate 100 Premium Sales Rate 100 Premium Rat 100 Premium Rate 100 Premium 2700 Hwy 08(On Sale) 575,000 7.56 43,470 0 575,000 12.22 70,265 17.73 101,948 6.77 38,928 2700 Hwy 08(OR Sale) 1,350,000 0.55 7,425 1,350,000 0.55 7,425 1,350,000 0.55 7,425 0.83 11,205 0. 2504 38th Ave NE(OR Sale) 1,565,000 0.55 8,608 1,565,000 0.55 8,608 1,565,000 0.55 8,608 0.83 12,990 0 i 127 Apache Plaza(On Sale) 13 0.000 7.56 23,436 0 310.000 12.22 37,882 17.73 54,963 4.51 13,981 SLT 3% Inspection Fee 150 Total 3,800,000 82,939 2,915,000 16,033 3,800,000 124,180 181,105 54,646 (Limits apply per location) 1(Limhs apply per location) I(Limits apply per location) (Limits apply per location) Recommended Program: Liquor Liability Limits At$500.000 Transcontinental(Off Sale)- 16,033 Brhamco Underwriters(On Sale) 54,646 Total 70,678 I of l Prepared Dv: Anferican Rick Semices, Inc. STUART J. BONNIWELL Cel7ified Public Accountant 7101 York Avenue South Minneapolis, Minnesota 55435 (612) 921-3354 April 15, 1994 Members of the City Council City of St. Anthony, Minnesota I have audited the general purpose financial statements of the City of St. Anthony as of and for the year ended December 31 , 1993, and have issued my report thereon dated April 15, 1994. In planning and performing the audit of the general purpose financial statements, I considered the system of internal control structure in order to determine the extent of auditing procedures necessary for expressing an opinion on the general purpose financial statements of the City and not to provide assurances on the internal control structure. My study and evaluation of the internal control structure made for the limited pur- pose described in the first paragraph would not necessarily disclose any material weaknesses in the structure. Had I performed additional procedures or performed an audit of the internal control structure in accordance with generally accepted auditing. standards, other matters might have come to my attention that would have been reported to you. Accordingly,. I do not express an opinion on the City's system of internal control structure taken as a whole or on any of the categories of controls. The purpose of this letter is to communicate certain matters involving the City's internal control structure and other operational procedures noted during the audit. These comments are presented for your consideration and are not intended to be a criticism of the performance of City management in fulfilling its duties and responsibilities. This report is intended solely for the information and use of the City Council , management and others within the organization. Recommendations made are intended to improve internal control structure or financial management and administration. Certain of the following comments were previoulsly mentioned in the letter to the City Council and management for the year ended December 31 , 1993. They are included again because of their significance and affect on the system of internal control structure and to inform City Council on significant changes. Segregation of Duties The City has a limited number of office personnel involved with certain accounting procedures. The limited number of personnel responsible for recording, reconciling and reporting of financial transactions and performance of related accounting pro- cedures prohibits optimum segregation of duties. Therefore, accounting duties, policies and procedures must be routinely reviewed to determine if they are being adhered to or whether circumstances have changed necessitating modification of existing accounting duties, policies and procedures. Members of the City Council City of St. Anthony, Minnesota Tax Collections - Abatements The percentage of current tax collections compared to the certified tax levy was 93.65% for the year ended December 31 , 1993, compared to 96.85% for 1992. Abatements of approximately $27,250, or 1 .61% of the levy for 1993, were awarded which reduced the amount available to be collected by the City. In addition, $48,000 of prior year tax collections were refunded due to abatements in 1993 (interest of $6,732 was paid related to these refunds). These tax adjustments totaled $82,000 and combined with the decrease in percentage of current taxes collected contributed to the unfavorable variance of $146,785 for general property taxes reported in the General Fund. It is my understanding, a special levy may be certified to recover the tax revenue lost from tax abatements. However, other factors need to be consider by the Council before determining whether this special levy is necessary. One recommendation would be that when budgeting in future years, City staff consider reducing the certified levy to recognize a portion of the certified tax levy will not be collected in the current year. Delinquent tax collections are typically not significant enough to account for the deficit in current tax collections. Utility Billi S stem ng y As previously noted, the present utility billing system appears to becoming ineffi- cient to properly service the City's requirements. The capacity of the system to efficiently handle billing procedures appears to have reached its limit with the variety of additional charges required by the City. Because of the lack of capital equipment funding, no significant changes were implemented during the year. Based upon discussions with management, funding will be available to upgrade the current utility software system in 1995. The recommendations listed below are repeated from last year's letter to the City Council and should be considered during the upgrade process. Potential recommendations to be considered are: 1. A manually prepared worksheet could be developed to account for adjust- ments or changes to utility accounts. This would help insure that all adjustments are being properly recorded in the financial records. This worksheet could be expanded to include current charges and payments to provide a method of reconciling=--the_-receivables reported on the utility system to the general ledger. This would assure that all charges, pay- ments and adjustments are being properly accounted for and recorded in the accounting records. 2. Investigate the compatibility of the utility billing package offered by the company providing the current financial accounting package. The cur- rent utility system was acqui.red in 1988 to bring utility billing proce- dures in-house, rather than being performed by a service bureau. Now that the City's accounting procedures are performed in-house, perhaps the utility system should be bought on-line with the financial package. 3. Inquire of the company servicing the current utility system with regard to system updates which would enhance the system. In addition, provide the necessary training of personnel performing the -utility billing and related functions. Members of the City Council City of St. Anthony, Minnesota Utility Billing System, continued Two additional changes in utility procedures I would recommend the City to strongly consider would be: 1 . Require the payment of the final amount prior to the closing of the account. The collection difficulties encountered by City staff would be reduced or eliminated and accounts would be current. 2. Train additional office personnel to perform the utility billing and accounting duties of the individual responsible for these functions. Other Accounts Receivables The City maintains an informal subsidiary accounts receivable ledger, which needs to be closely monitored by staff. During the audit, it was noted that storm water charges billed -the Minneapolis Park Board had not been paid since inception of these charges. Staff was investigating this matter at the conclusion of the audit. Other receivables for minor services performed were noted as past due or delinquent. To insure timely payment of these accounts receivable, a system could be imple- mented to monitor collection of these accounts before they become past due. Staff should review this subsidiary ledger periodically and perform follow up procedures on accounts which are past due. Other Matters Grant Administration - The final report related to the federal grant of $213,000 for correcting the pumping deficiencies at the treatment plant needs_ to be completed by July 31 , 1994. Costs of $199,830 were incurred by-the City in connection with this project. According to the finance director, the balance of the grant funds remaining would be used to defray adminstration costs incurred. Proper documenta- tion of these costs should be formalized and maintained in the grant file. Once determined, the final report should be submitted to the regulatory agency to avoid the potential of having to return the unused portion of the grant. Proper accounting procedures have been developed to maintain the costs associated with the operation of the treatment plant, which are subject to reimbursement by the State of Minnesota. Investments - During the year, the finance director established subsidiary invest- ment ledgers for each type of investment maintained by the City. These ledgers provided the information required to properly record and account for investment activity. Investment balances from these ledgers were reconciled to the general ledger on a monthly basis and facilitated the recording of investment activity. It appears the finance director has done a commendable job of investing City funds throughout the year, despite- the drastic downturn in investment income potential. It was noted, the City realized an investment gain of approximately $155,000 from an investment maintained for less than two years. Members of the City Council City of St. Anthony, Minnesota Other Matters, continued Assessments - It was noted that the assessment levied on two properties were not properly certified and recorded by the County. Based upon discussions with manage- ment, this situation was subsequently corrected in 1994. In addition, assessment rolls should be updated periodically to reflect prepayments received by the City and provide for the reconciliation of the balance of assessment levies. Accrued Compensated Absences - A transfer of $17,625 to the Employee Benefit Fund from the General Fund was made during the year to fully fund the liability for accrued compensated absences as of December 31 , 1993. This liability increased approximately $19,000 from December 31 , 1992. Efforts to insure compliance with requirements of the City's severance policy and avoid the potential of individuals losing a portion of their accrued benefit need to be monitored constantly. The payroll system provides individuals with current information concerning the accrual of these benefits, which will help achieve compliance. Storm Water Charges - A new fund was established in 1993 to provide appropriate accountability of these funds. Financial Condition For the year ended December 31 , 1993, revenues and other sources exceeded expen- ditures and other uses by $18,268. This increase occurred despite the large un- favorable variance from general property taxes as previously noted. The fund balance of the General Fund totaled $818,934, of which $531 ,548 has been designated for working capital. This represents approximately 22.30% of budgeted expenditures for 1994. Council and staff should be complimented on the action implemented throughout the year to insure the financial stability of -the City. This working capital reserve provides needed working capital to finance current operations until tax settlements and state aids are received. This reserve also serves as .a safe- guard against potential revenue shortages or unexpected expenditures. Council and mangement must continue to closely monitor its financial position throughout the year to maintain or preserve this current level of stability. By monitoring its financial position Council will be in a position to react to financial changes. This report is intended solely for the information and use of the City Council , management and others within the organization. If the Council wishes, I would be pleased to meet and discuss any of the observa- tions, comments, or recommendations mentioned or other matters pertaining to the audit with the Council or management at your convenience. If the City desires, I am available to assist with the implementation of any of the recommendations. I wish to express my appreciation for the courtesies and cooperation extended by the Interim City Manager, Finance Director and City personnel during the engagement. Stuart J. Bonniwell Certified Public Accountant STAFF REPORT DATE: May 17, 1994 TO: Mayor and Councilmembers FROM: Larry Hamer, Interim City Manager ITEM: QUOTATIONS FOR WATER AND ROAD SUPPLIES FOR APRIL, 1994 TO APRIL, 1995 RECOMMENDATION Recommend approving the following: Seal coating to Koch Oil Company Hot mix asphalt to Midwest Asphalt Cold mix Asphalt to T. A. Schifsky & Sons Class 5 material to Barton Sand and Gravel Water supplies to Northern Water Works Supply ' CITY OF ST. ANTHONY RESOLUTION 94-037 A RESOLUTION AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY JOINT COOPERATION AGREEMENT WHEREAS, on September 10, 1991, the St. Anthony City Council entered into a Joint Cooperation Agreement with Ramsey County to assist in the County's eligibility to receive Community Development Block Grant (CDBG) funds; and WHEREAS, the City of St. Anthony desires to continue its support of Ramsey County's participation in this federal program. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and Interim City Manager to execute the First Amendment to Ramsey County Housing and Redevelopment Authority Joint Cooperation Agreement on behalf of the City. Adopted this day of , 1994. Mayor ATTEST: City Clerk Reviewed for administration: Interim City Manager Office of the County Manager Tern,Schutt.en,Count} Manager •,,� 250 Court House Tel:612-266-8000 15 Hest Kellogg Boulevard RAMSEY COUN Y St.Paul, MN 55102 Fay:612-266-8039 April 28 , 1994 Larry Hamer , Acting Manager City of St . Anthony 3301 Silver Lake Road St . Anthony, MN 55418 Dear Larry: Nine years ago, the U. S . Department of Housing and Urban Development, hereinafter referred to as HUD, determined that Ramsey County would be eligible to become an Entitlement County and receive an annual allocation of Community Development Block Grant (CDBG) dollars in excess of one million dollars . This money would be to undertake housing and community development activities primarily benefiting the residents of suburban Ramsey County. Seventeen suburban communities have chosen to participate in the agreement process over the past nine years , thus , ensuring that a ' guaranteed annual allocation would be earmarked for the County and those suburban municipalities which desire to actively participate in the program. Recently, HUD has once again notified us that we remain eligible to continue participation in this federal program. Our eligibility and actual dollar amount we receive is based upon the population accumulated through the number of jurisdictions which join with us . Our records show that since 1985 your community has signed cooperation agreements with the County to ensure our eligibility. We are again a.sking that you sign an amendment to the 1991 agreement at this time . In order to meet the HUD deadline , -our office must have the signed amendment and a resolution from your City Council affirming your participation no later than Friday, June 17 , 1994 . The amendment includes those new items which are required by HUD and primarily relate to the inclusion of the HOME program. This program is an additional source of , revenue which several of our communities have benefited - from -`� since 1992 . Minnesota's First Home Rule County pinteA un m)vhd pap•r%ilh a minimum of 10%po kiinsumpr o-menl P April 28 , 1994 Page Two Federal regulations also require that we advise you of your opportunity to "opt out" of the County' s Entitlement and compete directly with other cities in the State ' s small cities program. We , of course , hope that you will not choose this route , as we feel that the County program is your Lest opportunity of receiving an allocation for an eligible project . If , however , you do choose to "opt out" , please be advised that you may not have an opportunity to participate with us for the next three years . "Opt out" notification must be made to both the County and the local HUD office no later than May 20 , 1994 . SIGNING A COOPERATION AGREEMENT DOES NOT REQUIRE THAT YOU ACTIVELY PARTICIPATE IN THE PROGRAM. IT DOES PROVIDE THE COUNTY WITH THE NEEDED POPULATION TO QUALIFY AND INFLUENCES OUR ANNUAL ALLOCATION. We are pleased with the active participation of a number of our municipalities over the past several years . We would like to see more communities who believe they have an eligible project contact us about the possibility of funding. It is interesting to note that every community -that has proposed a project that meets the HUD national objectives , can comply with all of the federal rules and regulations , and is prepared to proceed, has received an allocation for the project . In addition, several projects have been undertaken suburban-wide which benefit low and moderate income persons in your individual communities . In summary, we ask that you return the enclosed cooperation agreements to us no later than June 17, 1994 . Either a Council resolution or a statement from your legal counsel indicating the authority for the signatories to enter into the agreement should accompany it . We will return a fully executed copy to you. Should you have any questions, or need assistance , please contact Judy Karon, Director of Community and Economic Development , at 266-8006 . She will be happy to assist you. Sincerely, Terry Sch en Ramsey County [Tanager TS/py Enclosure cc : commissioner Brenda Thomas FIRST AMENDMENT TO RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY JOINT COOPERATION AGREEMENT The Joint Cooperation Agreement ( "AGREEMENT" ) between the County of Ramsey and �j 1--� - ( "MUNICIPALITY" ) commencing August 31 , -1991 , is amended as follows : 1 . Pursuant to a Joint Powers Agreement executed May 4 , 1993 , the Ramsey County Housing and Redevelopment Authority ( "AUTHORITY" ) assumed all rights and duties of the County of Ramsey under all Agreements entered into by the County prior to July 1 , 1993 , involving CDBG or HOME funds , including the Joint Cooperation Agreement between the County. of Ramsey and the MUNICIPALITY. 2 . Section I of the AGREEMENT, Definitions , is deleted and the following is inserted in its place : "County" means the County of Ramsey. "HUD" means the United States Department of Housing and Urban Development. "CDBG Act" means Title I of the Housing and Community Development Act of 1974 , 42 U. S .C . §5301 et seq. , as amended. "HOME Act" means the HOME Investment . Partnerships Act, Title II of the Cranston- Gonzalez National Affordable Housing Act, 42 U.S.C. 512701 et seq. , as amended. "CDBG Regulations" means those regulations at 24 C. F.R. Part 570, as amended. "HOME Regulations" means those regulations at 24 C. F.R. Part 92, as amended. "Consortium" means the Anoka, Dakota, Ramsey, and Washington Counties HOME Consortium formed pursuant to the HOME Act. "Cooperating Community" means any city, town, or township in the County which has entered into a Cooperation Agreement, as amended, substantially similar to this AGREEMENT and its Amendments . 3 . Section III of the AGREEMENT, Term of Agreement , is amended by the addition of the following : Notwithstanding any other provision of the AGREEMENT to the contrary, the AGREEMENT remains in effect until the CDBG or HOME funds and income received with respect to any three year term, or renewal term, are expended and the funded activities completed . The MUNICIPALITY may not withdraw from or terminate the AGREEMENT while it remains in effect . 4 . The second paragraph of Section V of the AGREEMENT, Special Provisions, is deleted and the following inserted in its place : Nothing in this AGREEMENT shall preclude the MUNICIPALITY from establishing a Municipal Housing and Redevelopment Authority pursuant to Minn. Stat. §§ 469 . 001 to 469 . 047 , as amended. 5 . Section V of the AGREEMENT, Special Provisions, is amended by adding the following: Pursuant to the AGREEMENT, the AUTHORITY may not fund activities in or in support of the MUNICIPALITY which does not affirmatively further fair housing within its -jurisdiction or impedes the ability of the County to comply with its fair housing certification. 6 . Wherever the term "Act" appears it may mean either the CDBG Act or HOME Act, or both, depending upon the context. Wherever the term "Regulations" appears it may mean either CDBG Regulations or HOME Regulations, or both, depending upon the context. 7 . The AGREEMENT covers activities funded under both the CDBG Act and the HOME Act. The CDBG Act, HOME Act, CDBG Regulations, and HOME Regulations are incorporated herein by reference and made apart hereof. 8 . The MUNICIPALITY may not apply for grants under the Small Cities or State CDBG -Programs from appropriations for fiscal years during which it is a party to the AGREEMENT or renewal terms thereof. The MUNICIPALITY may not participate in a HOME consortium except through the AUTHORITY. -2- 9 . Except as expressly modified herein the AGREEMENT remains in full force and effect . WHEREFORE, the parties have caused this Amendment to be executed as follows : RAMSEY COUNTY HOUSING AND MUNICIPALITY REDEVELOPMENT AUTHORITY By: By: Terry Sc utten Ramsey County Manager Its : Dated: Dated: RECOMMENDED FOR APPROVAL: - Judy A. Karon , Director Community and Economic Development APPROVED AS TO FORM: Harry D. McPea Assistant Ramsey County Attorney This Document Drafted By: Office of the Ramsey County Attorney Saint Paul , Minnesota 26-APR-94 -3- CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA MAY 24, 1994 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF MAY 24, 1994 H.R.A. AGENDA. IV. APPROVAL OF APRIL 26, 1994 H.R.A. MINUTES. V. PRESENTATION OF CLAIMS. A. Dorsey & Whitney - $389.60. B. City of St. Anthony General Fund - $24,039.20. VI. TAX INCREMENT FINANCING/EVERGREEN TOWNHOMES. V. ADJOURNMENT. CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES APRIL 26, 1994 I. CALL TO ORDER The meeting was called to order by Chair Ranallo at 7:45 P.M.. II. ROLL CALL Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks and Commissioners Fleming and Wagner. Staff Present: Interim City Manager Hamer, City Attorney Soth, Finance Director Larson. III. APPROVAL OF APRIL 26, 1994 H.R.A. AGENDA Motion by Marks, second by Fleming to approve the H.R.A. Agenda for April 26, 1994. Motion carried unanimously IV. APPROVAL OF MARCH 22, 1994 H.R.A. MINUTES. Motion by Fleming, second by Marks to approve the H:R.A. minutes of March 22, 1994, as presented. There were no changes. Motion carried unanimously V. PRESENTATION OF CLAIMS A. PINK - $2,382.87. Motion by Enrooth, second by Marks, to approve payment to PINK for $2,382.87. Motion carried unanimously VI. DISCUSSION OF A TAX INCREMENT FINANCING DISTRICT. Bob Thistle from Springsted, Inc. was present for this discussion. Chair Ranallo stated Mako is the corporation proposing to sell property owned by them for redevelopment. Housing and Redevelopment Authority Minutes April 26, 1994 Page 2 Don and Judy Makowske, were present representing Mako for the discussion of Tax Increment Financing being used as funding for this proposed project. Mr. Thistle presented a report on the request for tax increment financing «!hick he distributed to those present. He stated that this is just a preliminary stage in the process. There has been one brief meeting with the developers and staff. Springsted's initial analysis raised as many questions as it answered. Mr. Thistle said more time is needed with the developers to clarify the proposals. At this point, there does not appear to be anything that would prevent the project from working. One of the issues that was discussed with the developers at the first meeting was pay-as-you-go on tax increments. Because this is a condominium project, a pay-as you-go is complicated. Mr. Thistle stated he is not sure that realistically pay-as-you-go would be very workable. The problem is that on a pay-as-you-go, the person paying the taxes is the person getting the benefits. He wondered how the benefit would be separated in a situation with a condominium where there would be potentially 24 tax payers and any one of them didn't pay. Mr. Thistle indicated something other than pay-as-you-go may have to be considered on this project. Mr. Thistle said he had had a brief conversation with Jerry Gilligan from Dorsey & Whitney and they agreed that the developers could have a new project set up or the existing Kenzie Terrace TIF Project could be extended to this location. In addition, 25% of the project's 4 proceeds are allowed to be spent outside of the District. The City has a policy of requiring the developers to put some money up front to defray the City's costs in case the project is not completed. Mr. Thistle suggested that some of those issues should be pursued. Chair Ranallo inquired if Mr. Thistle thinks the condominiums will sell in that area considering the problems involved when selling the condominiums at the Kenzington. Judy Makowske responded that condominiums are just one possibility that they are considering. Mrs. Makowske is of the opinion that townhomes would be better for the City and that they could be constructed in the proposed location. The developer would make that decision. Mako is not doing the developing themselves. Mrs. Makowske stated two parcels of their property have been repossessed and are owned by Mako, Inc. The other parcel is owned by Harry and Elaine Olson. There are three parcels of properties plus the alleys. The total amount of land that is just under two acres. She stated that the Makowske's interest is that they sold the land in 1981 and do not want to run apartments at this point in their lives. They want to sell the property to a developer or someone who would upgrade the property. Chair Ranallo questioned how they would come up with up front money without a developer. Mrs. Makowske anticipates having a developer and stated that Mako has been working with a person who will get a developer when it is known what the land.can-be used for. Housing and Redevelopment Authority Minutes April 26, 1994 Page 3 Chair Ranallo asked the City Attorney how to proceed. City Attorney Soth stated the best way to do this would be to continue meeting with the real estate people and housing people can explore some of those options. He prefers the townhouse option. Commissioner Enrooth noted the profit and risk at $13,524 per unit is more than double the amount the City is used to seeing on a project. Bob Thistle stated that Springsted tends to see a range of what is taken out as profit. They break those all down from the developer's perspective and arrive at a preliminary impact. When Chair Ranallo inquired about extending the Kenzie TIF District, Mr. Thistle responded that that was Mr. Gilligan's forte, but the potential would be there. Up to 25% could be taken out of that District and applied somewhere else. Mr. Thistle indicated he is not sure what is available. The City Attorney stated that generally when a law is enacted, the starting date is August 1st. Judy Makowske indicated she is concerned whether the City would be willing to look at whether or not they would rezone before the actual project is done. Project developers aren't going to be interested in it unless they know what they can do with the property. The property is zoned R2, two family residential, and a zoning of R4, multifamily would be needed. Mako would like to be able to move on that fairly quickly so the property would be available for this type of usage. City Attorney Soth stated one question for the Planning Commission or for the staff would be if rezoning that property would be consistent with the comprehensive plan. He suggested that on an informal basis, the Planning Commission could have a concept review and see if rezoning that property makes sense. Chair Ranallo suggested that if the Council approves the concept review, then the plan would be presented to the Planning Commission. He asked Mrs. Makowske to present the Council with a concept review to rezone the property to R4 so that the developer could be told that Mako has a tentative approval, pending justification and a public hearing. Chair Ranallo asked Mr. Thistle to work with Mr. Soth and Mr. Gilligan and to develop a plan for the Planning Commission's next meeting_. The City Attorney suggested the Council ought to request some offset funds for costs. Chair Ranallo stated they would ask the developer to put $2,000 up front in an escrow account and the City would keep track of it and when the $2,000 is spent, the City would contact the developer. Housing and Redevelopment Authority Minutes April 26, 1994 Page 4 Motion by Ranallo, second by Fleming to approve proceeding with the Mako request and to request the developer put up $2,000 as escrow money to be spent for whatever expenses the City incurs. Motion carried unanimously Interim City Manager Hamer stated he was contacted by an architect who has been working on the Lowry Grove Mobile Home Trailer Park and who asked to speak to the H.R.A. tonight. Keith Sjoquist from Sjoquist Architects, stated his company is interested in the Lowry Grove site for developing housing and other uses. They are interested in pursuing it and are investigating the project. The architects are now in the beginning negotiating stages with the owner. VI. ADJOURNMENT Motion by Marks, second by Enrooth to adjourn the H.R.A. meeting at 8:15 P.M. Motion carried unanimously Respectfully submitted, H.R.A. Secretary DORSEY & WHITNEY A P..Tru.e-r L.RVmwG P.OP[L..O—l-Co..o..Tor. P.O. BOX 1680 MINNEAPOLIS. MINNESOTA 55480-1680 (612) 340-2600 Ir..IC.eUficalo.pie.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 435927 City of St. Anthony St. Anthony Housing & Redevelopment Authority April 21, 1994 Attn: Mr. Larry Hamer, Acting City Manager Invoice No. 359972 3301 Silver Lake Road Minneapolis MN 55418 For Legal Services Rendered Through 03/31/94 Matter: 1 Rosie's Restaurant & Good Luck Cafe Properties Telephone conference with Re Larson regarding Form 1099; telephone conferences with L. Frankman and Re Larson regarding 1099 forms; Draft final certificate; telephone conference with L. Frankman regarding 1099; telephone conferences with L. Frankman and R. Larson regarding Form 1099; telephone conference with Judge Lunn's court clerk regarding signing of final certirficate; went to Hennepin County to obtain judge's signature and district court to file and county recorder to file; Prepare final certificate; conference with R. Broderick regarding filing. Total For Legal Fees $382.25 Disbursements and Service Charges Reproduction Charges 7.35 Total For Disbursements and Service Charges $7.35 Total This Invoice $389.60 WRS/615 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request. Disbursements and service charges.which either have not been received or processed.will appear on a later statement. 27th & Coolidge Project Expenses (Rosie's and Good Luck) Storm Sewer $ 8,050.00 Street Improvements $ 71,874.30 Sanitary Sewer $ 21,530.00 Additional Work $ 9,831.20 Watermain $ 34.117.00 Total $145,402.50 Less: Payments to Date ($121,363.30) Balance Due $ 24,039.20 . .i 1.:.. oo 'L l 1 � - 0 0 ,o e Qo g 9 10 S '7 00 , 0011 00' o lt, 011 "O-,1 o�•oov '-� 000 Si OQ'oo9 10 o'o90 03L Cv OoZ 00'Q O°I I 'b'� 3n�d/► ' c n 1Nd?J4/jj 1a oo,00l 00IOOLI - � 0 m") w• *.1s,x �. s eo •ou-b1 oo ,00/. z ' V13 �n-,d� „ o I "q oo'9z* L 6£ d id ao ,sc)-,bb-c oo 'Ll S- 7l 3-7 ao rd .d =•Q -�rQ ,,� 0o '0°�z oo'oC Wq1�-Fl 00 -C? ZS7 oo"L OLD' �'7 ty1�1vVi1 -� 'lsrX3 �nOw��� z FF • �'YY31/ 2 10--7. + IOU QVDVO j4 9A lA -2 �lti 0 V— $ — :F MUM 133rold imin) S 1 ow i3 a'1 l��rold S r ►L /�Il1'J 3 -tOOJ 1 L»fof1S -- __- £S:eo 066T-e2-abw MAR-26-1994 0.9 53 F.0 03 SUBJECT PROJECT Lms CLIENT PROJECT NUMBER DATE ltTIIM6� �;, BY CHECKED PAGE Z OF /DD 0 400 - 00 (�6�rvto E x1ST. SToR� SCE' Z �ErMoJ� �X15T. c g /YL EA - 12 0.G 4 S 0,00 1 3 15 " �4 1) PF p/PI LF ISO X19, oo 34zo. co STQ)a&N. EA. /z a3, u� 1200. 00 CATCtk ZNSI(N 6A. 2- 1 00, 40O-00 C 2ANvt �'o r�A��aN "C� N 15 /0100 /50. 00 So.5o. oa E )TY E� 5c){i5b u Lj5 5 AT7Rj8 U7-4 aL.e TO di -r OT A L- 71 43'7 30 .... S�.�Er�u��. a•.O Nt.),VvK" 5Lww'et-. ToTht.. zt� S O. Oo Sc�Era��E g• MEMORANDUM DATE: May 10, 1994 TO: Larry Hamer, Interim City Manager FROM: Roger Larson, Finance Director ITEM: TAX INCREMENT/EVERGREEN TOWNHOMES In September of 1989, the St. Anthony Housing and Redevelopment Authority and the developer entered into an agreement to develop an area of the.City now known as Evergreen Townhomes. Soil correction was to be financed by the TIF at a cost of$267,000. Pursuant to the agreement, any year in which the tax increment should exceed the amount necessary to pay the costs authorized by the TIF, the H.R.A. shall (commencing 1/1/93) use the excess amount to pay for the cost of the soil correction. Upon completion of the 1993 audit, the TIF District's excess increment for '93 totals $55,747.88 and is payable per the agreement. I checked with-Jerry Gilligan from.Dorsey & Whitney and he confirmed the terms of the agreement. Upon his review, Mr. Gilligan has advised the language in the contract and Minnesota Statue allows for payment, less administration costs incurred by the H.R.A. His recommendation is a set percentage of 10% of each years revenue be retained to cover administrative expenses. Last years payment totaled $25,932.60 (payments to date now total $76,105.69). Recommendation Council approve payment to Norwest Investment Services, Inc. in the amount of $50,173.09 ($55,747.88 less $5,574.79 for administrative expenses). It should be noted this payment will be an annual occurrence until such time the debt is retired. 3 IIk/I Norwest Investment Services, Inc. IIIII Public Finance Division NORWZW INVESTMENT 1400 Norwest Center IIIII SERVICES an IIvII Minneapolis. Minnesota 55479-0146 6121667-8242 May 11, 1994 By FAX and MAIL Mr. Roger Larson Finance Director City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: St. Anthony HRA Evergreen Townhomes Project Financing Dear Roger: This is to provide a status report on the balance owing on the tax-increment note for the Evergreen Townhomes project. As of May 1, 1994, the total- interest owing on both drawdowns was $111,104.04, less $25,932 paid on August 2, 1993, for a net owing of $85,172.04. Please find an invoice enclosed for your convenience. Thanks very much. Yours sincerely, Ad' WP_,f, Michael S. Olauson First Vice President Public Finance Division Norwest Investment Services, Inc. Enclosure cc: Bob Jensen - Northeast State Bank MSO Jdr cAmikeWanthony.ww2 Invoice NoiRwESr INVESTMENT 11111 SERVICES 1/V/ Norwest Center 13th Floor Sixth and Marquette Minneapolis, Minnesota 55479-0130 Attn: Lease Accounting 612-667-7356 St. Anthony Housing and Redevelopment Authority 3301 Silver Lake Road St. Anthony, MN 55418 RE: Tax-lncrement Note/Evergreen Townhomes CONTRACT DESCRIPTION CONTRACT PAYMENT SALES/USE TAX LATE CHARGES TOTAL OUE NUMBER lnterest Due, to May 1 , 1994: 0191-001 Draw #1 ($173,550.00) 12-21-89 (1 ,570 days) $76,443.95 0191-002 Draw 112 ($ 931,450.00) 08-29-90 (1,322 days) $34,660.09 Less interest laid 8-2-93 — $25,932.00 Thank you. IF THERE IS A CHANGE IN INVOICING ADDRESS OR EQUIP- MENT LOCATION PLEASE COMPLETE REVERSE SIDE. TOTAL DUE $85,172.04