HomeMy WebLinkAboutCC PACKET 05102016
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the May 10, 2016, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Swearing in of St. Anthony Village Police Officer Brandon Hess. (pp.1)
B. Swearing in of St. Anthony Village Police Officer Trent Studer. (pp.2)
C. Retiring Police Chief John Ohl and Captain Dominic Cotroneo Presentation.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of April 26, 2016, City Council meeting minutes. (pp.3-8)
B. Licenses and Permits. (pp.9)
C. Claims. (pp.11-13)
D. Resolution 16-040 a resolution Approving the Gambling License by the Minnesota Youth
Athletic Services organization at The Unofficial Located at 3701 Stinson Boulevard. (pp.15-21)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 16-041 a resolution relating to $1,510,000 General Obligation Improvement Bonds,
Series 2016A, 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. Stacie Kvilvang, Ehlers & Associates presenting. (pp.23-50)
B. Resolution 16-042 a resolution relating to $1,495,000 General Obligation Tax Abatement Bonds,
Series 2016B, Awarding the Sale, Fixing the Form and Details and Providing for the Execution
and Delivery Thereof and Security Therefor. Stacie Kvilvang, Ehlers & Associates presenting.
(pp.51-73)
C. Resolution 16-043 a resolution Accepting Plans and Specifications and Ordering Advertisement
for Bids for the Highway Safety Improvement Project (HSIP). Todd Hubmer, City Engineer
presenting. (pp.75-83)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
MAY 10, 2016
7:00 p.m.
HRA meeting immediately after
council meeting
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
D. Ordinance 2016-02 an ordinance Amending Chapter 32 to add Tree Care Ordinance 2nd of 3
readings. Mark Casey, City Manager presenting. (pp.85-89)
E. Ordinance 2016-03 an ordinance Amending Chapter 112 to Change Hours of Sale on Sundays for
Establishments Holding an On-Sale Intoxicating Liquor License. 2nd of 3 readings. Mark Casey,
City Manager presenting. (pp.91-94)
F. Resolution 16-044 a resolution Authorizing the Agreement with Hennepin County for the Use of
E-Poll Pads. Mark Casey, City Manager presenting. (pp.95-103)
VI. Reports from City Manager and Council members.
VII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the
podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
St. Anthony Police Department
I, BRANDON HESS, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE
CONSTITUTION OF THE UNITED STATES, THE LAWS OF THE STATE OF
MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY.
ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY
CHARACTER OR THE PUBLIC TRUST.
I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY
DISCHARGE MY DUTIES AS A LAW ENFORCEMENT OFFICER IN PROVIDING
ASSISTANCE AND SERVICE TO ALL THAT LOOK TO ME FOR HELP TO THE
BEST OF MY ABILITY.
MAY 10, 2016
______________________________________
POLICE OFFICER HESS
______________________________________
JEROME O. FAUST, MAYOR
______________________________________
JOHN OHL, CHIEF OF POLICE
1
St. Anthony Police Department
I, TRENT STUDER, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE
CONSTITUTION OF THE UNITED STATES, THE LAWS OF THE STATE OF
MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY.
ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY
CHARACTER OR THE PUBLIC TRUST.
I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY
DISCHARGE MY DUTIES AS A LAW ENFORCEMENT OFFICER IN PROVIDING
ASSISTANCE AND SERVICE TO ALL THAT LOOK TO ME FOR HELP TO THE
BEST OF MY ABILITY.
MAY 10, 2016
______________________________________
POLICE OFFICER STUDER
______________________________________
JEROME O. FAUST, MAYOR
______________________________________
JOHN OHL, CHIEF OF POLICE
2
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
APRIL 26, 2016 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
Present: Mayor Faust Councilmembers Brever, Gray, Jenson and Stille 13
Absent: None 14
Also Present: City Manager Mark Casey, Parks Commission Chair Scott Bentz, Firefighter Mattie 15
Jaros, Finance Director Shelly Ruekert, Community Services and Communications 16
Director Wendy Webster, and GreenCorp Member Kristin Seaman 17
Guests: Ramsey County Commissioner Mary Jo McGuire, and St. Anthony Area Chamber of 18
Commerce President Samara Anderson 19
20
21
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 22
ITEMS. 23
24
I. APPROVAL OF THE APRIL 26, 2016, CITY COUNCIL MEETING AGENDA. 25
26
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 27
Council Meeting Agenda of April 26, 2016. 28
29
Motion carried 5-0. 30
31
II. PROCLAMATIONS AND RECOGNITIONS. 32
33
A. Presentation from Ramsey County Commissioner Mary Jo McGuire 34
35
Ramsey County Commissioner Mary Jo McGuire provided an update on what’s new at Ramsey 36
County. Commissioner McGuire stated it is the County Board’s desire to communicate with 37
cities as often as possible. She has deep roots in St. Anthony. She represents District 2, which 38
includes the Ramsey County portion of St. Anthony. Commissioner McGuire provided handouts 39
for the Council “Why Ramsey County Matters.” She reviewed items the County has been 40
working on. Ramsey County has recently been restructured and has been divided into four 41
service areas. Health and Wellness, Information and Public Records, Safety and Justice, and 42
Economic Growth and Community Investment. Commissioner McGuire is the Chair of the 43
Legislative Committee, Chair of the Active Living in Ramsey County, a Member of 35W North 44
Corridor Coalition, Board Liaison to the Libraries, and Transportation Advisory Board. 45
Commissioner McGuire mentioned the County has many publications that are available at the 46
County that may be of interest to residents. She has worked with the City Manager on some 47
issues within the City of St. Anthony. She provided an update on the road projects that were 48
brought up. There are six intersections in Ramsey County, and a half mile sidewalk on County 49
Road D. The County and City are working together on these projects. The Mirror Lake Flood 50
3
Improvements project should begin in 2017. A further status report will be provided later. The 1
County Road C and 29th Avenue Reconstruction is currently scheduled for 2021 and the County 2
is looking at moving this project up in support of the City’s timeline. 3
4
Mayor Faust thanked Commissioner McGuire for her update and thanked Ramsey County for 5
assistance on elections, which is a good benefit for residents. Mayor Faust stated he is happy the 6
yard recycling at Arden Hills continues and noted all residents of St. Anthony can participate in 7
that program. There is benefit to the County working with the City on the Cty. Rd C and 29th 8
Avenue Reconstruction and hopes a happy medium can be found with Ramsey and Hennepin 9
Counties to get this project done. 10
11
Councilmember Stille stated that intersection is terrible as far as bicycles and walking. 12
13
Mayor Faust thanked Commissioner McGuire on behalf of the Council and the residents. 14
15
B. Presentation of the 2016 Villager of the Year and the 2016 Outstanding Business of the 16
Year, Samara Anderson, president of St. Anthony Area Chamber of Commerce 17
18
St. Anthony Village Area Chamber of Commerce President Samara Anderson stated this year’s 19
Villager of the Year is Kristin Stendahl and the award was presented on April 14th at JAX Café 20
during their annual meeting. She is involved with the St. Anthony Lions, Girl Scouts, Schools, 21
Sports Boosters and many more organizations. Chandler Place Assisted Living was the 22
Outstanding Business of the Year. The award was also presented on April 14th. They assist not 23
only their residents but also help throughout the community. Nomination forms can be found on 24
their website for 2017 awards and they will be available earlier this year. 25
26
Mayor Faust stated there are a lot of great people in the community. 27
28
C. Arbor Day Proclamation, Scott Bentz, Parks Commission Chair 29
30
Park Commission Chair Scott Bentz reviewed a presentation proclaiming April 29th as Arbor 31
Day and becoming a Tree City USA in 2016. He noted this proclamation will happen every year 32
to celebrate Arbor Day. The Tree Board and City Staff will plan the annual Arbor Day 33
celebration. The next steps to becoming a Tree City USA is to pass the Tree Care Ordinance, 34
Celebrate Arbor Day and spend $2 per capital on tree care (the City of St, Anthony already 35
spends this amount). 36
37
Tree City USA was created by the Arbor Day Foundation and provides the framework for cities 38
to promote trees on public land. This aligns with the City’s sustainability goals and leads by 39
example for residents to invest in trees on private property. Mr. Bentz noted there are 2.8 million 40
Minnesotans currently living in the state’s 96 Tree Cities. The Arbor Day Celebration will be 41
held Friday, April 29th at Trillium Park. Tree seedlings will be handed out at Spring Clean Up 42
Day on Saturday May 7th. 43
44
Councilmember Brever read the Arbor Day Proclamation. 45
46
D. Spirit of St. Anthony Award 47
48
4
Firefighter Mattie Jaros stated this year’s winner is Robin Hartfield. The award was presented to 1
Robin. Ms. Hartfield thanked the Mayor and Council and coworkers for their support. Ms. 2
Hartfield’s family was present for the award presentation. 3
4
Mayor Faust stated this service award was started by the City Manager and turned over to the 5
City’s employees. This is solely a peer recognition. Ms. Hartfield provides service to the 6
community with sympathy, empathy and sensitivity to people. The City is grateful that Robin is 7
an employee. 8
9
E. Mayor Recognition for National Service 10
11
Mayor Faust read the Proclamation for National Service Recognition Day. The Mayor and City 12
Council recognize April 5, 2016 as Recognition Day for National Service. 13
14
III. CONSENT AGENDA 15
16
A. Approval of April 12, 2016, City Council meeting minutes 17
B. Licenses and Permits 18
C. Claims 19
D. Resolution 16-039 a resolution Authorizing the Transfer Closing the Stormwater 20
Improvement Fund and Establishing the Stormwater Utility Fund Effective 12/31/2015. 21
22
Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent 23
Agenda items as presented. 24
25
Motion carried 5-0 26
27
IV. PUBLIC HEARING. 28
29
A. 2017 Budget 30
31
Mayor Faust opened the public hearing at 7:36 p.m. 32
33
Finance Director Shelly Rueckert reviewed the 2017 Budget Calendar. This evening will be the 34
public hearing to provide residents the opportunity to have input in the budget process. Ms. 35
Rueckert reviewed the complete 2017 budget calendar. Ms. Rueckert reviewed the 2016 36
General Fund Revenues, General Fund Expenditures and General Fund and Overall Levies. 37
38
Mayor Faust noted the budgeting process is a year round process. 39
40
Mayor Faust closed the public hearing at 7:43 p.m. 41
42
V. REPORTS FROM COMMISSION AND STAFF - NONE 43
44
VI. GENERAL BUSINESS OF COUNCIL. 45
46
A. Facilities/Fields Usage presentation 47
48
5
Community Services and Communications Director Wendy Webster reviewed the proposal for 1
field and facility use. She showed aerial photographs of Central Park, which is partially City 2
owned and School district owned. The parks have multiple uses throughout the year. Ms. 3
Webster stated the objectives for the proposal are to examine multiple uses of our parks, to 4
describe the current procedures for field and facility use, to highlight partnership with St., 5
Anthony Sports Boosters to maximize field/facility use and to share the proposal for field and 6
facility use. Ms. Webster reviewed the Minnesota State Statutes (466.03 Subd 6e) for insurance 7
requirements for facility use. 8
9
The procedure for reserving a city or school district field/facility is to call St. Anthony 10
Community Services. Proof of liability insurance is required and a fee must be paid if applicable. 11
Class 1 users do not pay an hourly fee, may for a building supervisor, Class 2, Class 3 and Class 12
4 pay an hourly fee and for a building supervisor. Ms. Webster reviewed Minnesota State Statute 13
466.03 Subd. 23. The St. Anthony Sports Boosters have adequate insurance currently. 14
15
Ms. Webster reviewed the current Class 1 and Class 2 users and the proposed Class 1 and Class 16
2 users. The proposed hourly rates were reviewed. In season and out of season dates have been 17
identified for each sport. The School Board received the same presentation last week. 18
19
Councilmember Stille thanked Ms. Webster for her research on this subject. The process is in 20
place to reduce the liability for Cities and Schools. The users will provide the liability insurance. 21
22
B. GreenCorp Presentation 23
24
GreenCorp Member Kristin Seaman provided an update including completed initiatives, 25
GreenStep Cities Step 4 findings and upcoming projects for (May – August 2016). The 26
completed initiatives included rain barrels, pollinators, sustainable model home project, ecology 27
club, and St. Anthony School Recycling Grant. 28
29
Ms. Seaman reviewed the Green Step Cities Step 4 and provided the current status on city 30
buildings and lights, transportation modes and miles, pervious land, parks and trees, and 31
stormwater. Step 5 requirements were reviewed. St. Anthony has received the Blue Star Award 32
Program for stormwater management. 33
34
Ms. Seaman reviewed the upcoming projects as rain barrel follow-ups: site visits, technical 35
assistance and communicating savings; pollinator pathway: putting plants in the ground and on 36
the city website; finishing the sustainable model home project and organizing an open house; 37
possibly working with Citizens for Sustainability to add more solar information; master water 38
stewards: educational outreach and capstone project; stormwater best management practices 39
(BMP’s) inspection and maintenance training/certification; and coordinate recycling grant 40
approval and first steps. Spring Clean-up Day is scheduled for May 7th 9am – Noon at 3801 41
Chandler Drive and will include stormwater education and tree seedlings will be given to each 42
car. 43
44
Mayor Faust thanked Kristin for her sense of urgency on completing projects before her term is 45
up. Over $30,000 in grants have been obtained since Kristin has been with the City and the 46
School should be appreciative of the work done. The City is appreciative of her work and 47
outstanding job. 48
6
1
C. Ordinance 2016-02 an ordinance Amending Chapter 32 to ad Tree Care Ordinance 1st of 2
3 readings 3
4
City Manager Casey reviewed this ordinance would establish the Parks Commission as the Tree 5
Board. The Tree Board would be responsible for recommendations to the City Council regarding 6
the comprehensive tree plan for areas within the public right-of-way and City parks. If requested 7
by the City Council, the Parks Commission (Tree Board) can consider, investigate and 8
recommend tree care matters as needed. Once adopted, the City would be eligible for Tree City 9
USA designation. 10
11
Motion by Councilmember Stille, seconded by Councilmember Brever, to approve First Reading 12
of Ordinance No. 2016 -03 an Ordinance Adding Section §32.39 TREE CARE. 13
14
Motion carried 5-0 15
16
D. Ordinance 2016-03 an ordinance Amending Chapter 112 to Change Hours of Sale on 17
Sundays for Establishments Holding an On-Sale Intoxicating Liquor License 1st of 3 18
readings 19
20
City Manager Casey reviewed this ordinance would amend Chapter 112 to change hours of sale 21
on Sundays for establishments holding an on-sale intoxicating liquor license. Currently the City 22
of St. Anthony allows for intoxicating liquor or wine to be sold in conjunction with food on 23
Sundays beginning at 10:00 a.m. The ordinance amendment would change the beginning time on 24
Sundays from 10:00 a.m. to 8:00 a.m. Minnesota State Statute 340A.504(3) allows for holders of 25
on-sale intoxicating liquor licenses to sell liquor in conjunction with food beginning at 8:00 a.m. 26
on Sundays. This proposal is to align with the State Statute. 27
28
Motion by Councilmember Gray, seconded by Councilmember Brever, to approve First Reading 29
of Ordinance No. 2016 – 04 an Ordinance Amending Chapter 112 to change hours of sale on 30
Sundays for establishments holding an on-sale intoxicating liquor license. 31
32
Motion carried 5-0 33
34
E. 1st Quarter Goals update 35
36
City Manager Casey provided an update on the 2016 Strategic Initiatives for the first quarter and 37
noted goal setting was held January 14-15, 2016. 38
39
Mayor Faust stated he is pleasantly surprised with the speed in which these initiatives are 40
addressed. He thanked the City Manager and the staff for their work. 41
42
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 43
44
City Manager Casey reviewed one of the goals was to communicate effectively and email 45
notifications have been given as an option to residents who wish updates on City Newsletter, 46
street projects and the water issue. Councilmember Stille noted there are only updates on these 47
three areas. 48
7
1
Councilmember Stille reported on April 14 he attended the annual Chamber meeting. On April 2
20, he attended, along with the City Council and the Planning Commission, the Urban Land 3
Institute Technical Assistance Panel meeting. On April 25, Councilmember Brever and he 4
attended the second steering committee meeting for the Comp Plan Steering Committee. 5
Mysidewalk.com includes information on the Comprehensive Plan. 6
7
Councilmember Gray had no report. 8
9
Councilmember Brever attended the April 14 annual Chamber meeting as well as the April 20 10
Southern Gateway Development Meeting. On April 25, she attended the second meeting of the 11
Comprehensive Plan Steering Committee. 12
13
Councilmember Jensen stated on April 13 he attended a Kiwanis meeting and April 19 he 14
attended the Hennepin County State of the County Update. On April 20, he attended another 15
Kiwanis meeting as well as a Historical Society meeting. The St. Anthony Civic Orchestra 16
Spring Concert will be held on Saturday, May 7 at 7:30 p.m. On April 25, he attended the Fire 17
Relief Association meeting. 18
19
Mayor Faust stated on April 14 he attended the Chamber annual meeting. On April 20, he 20
testified at the request of the League of Minnesota Cities at the Property Tax and Local 21
Government Finance Meeting. Mayor Faust was invited to meet with the Governor on April 20, 22
along with four other Mayors and three County Commissioners to talk about water concerns. He 23
attended the Technical Assistance Panel on April 20. On April 21, the Mayor Faust and the City 24
Manager attended the Metro Cities Annual Meeting. 25
26
VIII. COMMUNITY FORUM - NONE 27
28
IX. INFORMATION AND ANNOUNCEMENTS. 29
30
X. ADJOURNMENT. 31
32
Mayor Faust adjourned the meeting at 8:35 p.m. 33
34
Respectfully submitted, 35
Debbie Wolfe 36
TimeSaver Off Site Secretarial, Inc. 37
38
39
_ _ 40
ATTEST: ________________________________ Mayor 41
City Clerk 42
43
8
Saint Anthony Village
DATE: May 10, 2016 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Rental Licenses:
Applicant: James Eischens
Location: 2905 32nd Ave NE
Applicant: Roy Quady
Location: 2803 33rd Ave NE
Applicant: Griffin Hillbo
Location: 3515 37th Ave NE
Applicant: Richard Young
Location: 3523 37th Ave NE
Applicant: Thomas Hase
Location: 2405 39th Ave NE #106
Applicant: John Spitzer
Location: 3110 39th Ave NE
Applicant: DC Property
Location: 3304 - 3306 39th Ave NE
Applicant: Cassady Properties
Location: 3500 Coolidge St NE
Applicant: R & C McKenzie
Location: 3324 Croft Dr NE
Applicant: Lowry Grove
Location: 2501 Lowry Ave NE #C17, G4 & P12
2551 – 2553 Stinson Blvd NE
Applicant: Kelly Wilson
Location: 3540 Silver Lake Rd NE
Applicant: KKR Real Estate Holdings
Location: 3207 Stinson Blvd NE
Temporary Gambling Permit:
International Union of Operating Engineers, Local 49
2829 Anthony Lane South
Raffle Sales– June 26, 2016
Raffle Date – March 15, 2017
9
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10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 5/1/2016 - 5/11/2016 May 03, 2016 03:55PM
Vendor Number Payee Check Number Check Issue Date Amount
10710 ICMA RETIREMENT TRUST 29209 05/06/2016 2,456.00
11792 INTERNATIONAL UNION LOCAL #49 29210 05/06/2016 402.00
11793 LAW ENFORCEMENT LABOR SERVICES 29211 05/06/2016 1,078.00
10002 LOCAL UNION IAFF #3486 29212 05/06/2016 336.72
10039 AIRGAS USA LLC 29213 05/11/2016 21.00
10054 ALLIANCE MECHANICAL 29214 05/11/2016 2,492.50
12317 ALLIED MEDICAL TRAINING 29215 05/11/2016 3,100.00
10098 ARAMARK 29216 05/11/2016 156.26
1100 ARTISIAN BEER COMPANY 29217 05/11/2016 4,114.31
10115 ASPEN MILLS 29218 05/11/2016 471.28
1101 BAUHAUS BREW LABS LLC 29219 05/11/2016 675.00
1013 BELLBOY CORPORATION 29220 05/11/2016 3,283.86
1014 BELLBOY CORPORATION 29221 05/11/2016 318.59
1035 BERNICK'S BEVERAGE & VENDING 29222 05/11/2016 1,980.60
8544 BOURGET IMPORTS 29223 05/11/2016 300.50
1018 BREAKTHRU BEVERAGE MN BEER 29224 05/11/2016 12,274.34
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 29225 05/11/2016 6,020.73
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 29226 05/11/2016 5,196.50
10197 BRIAN NELSON INSPECTION SVCS 29227 05/11/2016 1,532.25
11984 BRISKI, TIM 29228 05/11/2016 73.02
10206 BROCK WHITE COMPANY LLC 29229 05/11/2016 161.66
1017 CAPITOL BEVERAGE SALES 29230 05/11/2016 17,837.91
12139 CEMSTONE PRODUCTS COMPANY 29231 05/11/2016 169.00
12150 CITY OF NEW BRIGHTON 29232 05/11/2016 13,005.63
10293 CITY OF ROSEVILLE 29233 05/11/2016 20,096.77
1010 CLEAR RIVER BEVERAGE COMPANYMPANY 29234 05/11/2016 1,881.20
1021 COCA COLA REFRESHMENTS USA, INC.29235 05/11/2016 545.48
12318 COMMERCIAL BUSINESS FORMS 29236 05/11/2016 381.82
10326 COMMERS CONDITIONED WATER 29237 05/11/2016 108.75
10332 COMPTON'S COMMERCIAL CLNG. INC 29238 05/11/2016 4,478.00
1042 CRYSTAL SPRINGS ICE 29239 05/11/2016 289.07
10438 D ROCK CENTER & SMALL ENG 29240 05/11/2016 123.80
10373 DAILEY DATA & ASSOCIATES 29241 05/11/2016 5,331.36
10375 DALCO 29242 05/11/2016 618.01
10415 DIRECTV INC 29243 05/11/2016 974.44
10526 FLEETPRIDE 29244 05/11/2016 36.02
10550 G & K SERVICES INC 29245 05/11/2016 405.50
12316 GARTHUNE, EDWIN 29246 05/11/2016 28.00
1110 GENERAL INDUSTRIAL SUPPLY CO 29247 05/11/2016 6.32
10585 GRAINGER 29248 05/11/2016 130.69
10617 HARBOR FREIGHT TOOLS 29249 05/11/2016 9.99
10636 HEDBACK, ARENDT & CARLSON PLLC 29250 05/11/2016 3,500.00
10642 HENN CNTY INFO TECH DEPT 29251 05/11/2016 2,136.50
1019 HOHENSTEIN'S, INC 29252 05/11/2016 9,797.83
10684 HOME DEPOT CREDIT SERVICES 29253 05/11/2016 430.63
1027 INDEED BREWING COMPANY 29254 05/11/2016 803.20
11754 INTEGRATED LOSS CONTROL, INC.29255 05/11/2016 592.00
12105 INTERSTATE ALL BATTERY CENTER 29256 05/11/2016 200.90
12315 IRC RETAIL CENTERS SALO PARK 29257 05/11/2016 5,850.84
12313 IRC RETAIL CENTERS SLV LIQ 29258 05/11/2016 465.16
1016 JJ TAYLOR DISTRIBUTING 29259 05/11/2016 38,422.73
1102 JOHNSON BROTHERS 29260 05/11/2016 3,312.33
1004 JOHNSON BROTHERS LIQUOR CO.29261 05/11/2016 16,602.36
11
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 5/1/2016 - 5/11/2016 May 03, 2016 03:55PM
Vendor Number Payee Check Number Check Issue Date Amount
1005 JOHNSON BROTHERS LIQUOR COMPANY.29262 05/11/2016 13,920.22
1006 JOHNSON BROTHERS LIQUOR COMPANY.29263 05/11/2016 23,969.96
1044 JOHNSON BROTHERS LIQUOR COMPANY.29264 05/11/2016 8,909.73
10786 KEEPERS, INC.29265 05/11/2016 159.98
10861 LOFFLER COMPANIES - 131511 29266 05/11/2016 157.59
1022 M. AMUNDSON LLP 29267 05/11/2016 2,854.99
10874 MACQUEEN EQUIPMENT CO 29268 05/11/2016 657.14
11928 MBE INC 29269 05/11/2016 175.00
10931 METROPOLITAN COUNCIL - WASTEWATER 29270 05/11/2016 48,019.79
10937 MIDC ENTERPRISES 29271 05/11/2016 225.42
10940 MIDWEST ASPHALT CORPORATION 29272 05/11/2016 41.22
10989 MINNESOTA HIGHWAY SAFETY AND 29273 05/11/2016 938.00
11059 MORELLI/KEVIN 29274 05/11/2016 153.36
11089 NAPA AUTO PARTS 29275 05/11/2016 6.49
1052 NEEDHAM DISTRIBUTING CO INC 29276 05/11/2016 136.00
1051 NEW FRANCE WINE COMPANY 29277 05/11/2016 879.00
11163 OFFICE DEPOT 29278 05/11/2016 689.41
11185 PACE ANALYTICAL SERVICES, INC.29279 05/11/2016 710.00
11186 PAETEC 29280 05/11/2016 153.66
12319 PARAGON 29281 05/11/2016 1,156.39
1012 PAUSTIS & SONS 29282 05/11/2016 3,396.55
11211 PETTY CASH - U.S. BANK 29283 05/11/2016 146.63
1001 PHILLIPS WINE & SPIRITS 29284 05/11/2016 3,016.97
1002 PHILLIPS WINE & SPIRITS 29285 05/11/2016 6,462.68
11847 PIONEER MANUFACTURING COMPANY 29286 05/11/2016 3,210.00
11225 PLEAA ATTN: J. FORBORD 29287 05/11/2016 40.00
11246 PRAXAIR 29288 05/11/2016 40.02
11300 RAMSEY COUNTY 29289 05/11/2016 20.00
1036 SOUTHERN - WCW 29290 05/11/2016 86.28
1026 SOUTHERN LIQUOR 29291 05/11/2016 5,867.14
1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 29292 05/11/2016 1,894.50
1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 29293 05/11/2016 915.52
11457 ST ANTHONY VILLAGE CENTER, LLC 29294 05/11/2016 2,220.04
11464 ST. ANTHONY VILLAGE KIWANIS 29295 05/11/2016 110.00
11502 STREICHER'S 29296 05/11/2016 256.40
11536 TASC 29297 05/11/2016 15.00
12108 TEREX SERVICES 29298 05/11/2016 82.70
11552 TESSMAN SEED INC.29299 05/11/2016 3,684.85
11585 TRACE ANALYTICS, INC.29300 05/11/2016 330.00
11586 TRACY PRINTING 29301 05/11/2016 820.80
11595 TRI STATE BOBCAT, INC.29302 05/11/2016 43.93
11635 UNIQUE PAVING MATERIAL 29303 05/11/2016 236.60
11637 UNITED ELECTRIC COMPANY 29304 05/11/2016 64.80
11674 VERIZON WIRELESS 29305 05/11/2016 1,629.45
1025 VINOCOPIA 29306 05/11/2016 3,427.50
11693 W. W. GOETSCH ASSOCIATES, INC.29307 05/11/2016 440.00
11704 WASTE MANAGEMENT OF WI-MN 29308 05/11/2016 440.96
1034 WINE COMPANY/THE 29309 05/11/2016 852.75
1038 WINE MERCHANTS INC 29310 05/11/2016 1,146.30
11729 WIRELESS WORLD 29311 05/11/2016 149.96
11738 WSB & ASSOCIATES, INC.29312 05/11/2016 108,630.25
11748 ZAHL PETROLEUM MAINTENANCE CO.29313 05/11/2016 152.26
11750 ZEE MEDICAL SERVICE 29314 05/11/2016 394.55
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 5/1/2016 - 5/11/2016 May 03, 2016 03:55PM
Vendor Number Payee Check Number Check Issue Date Amount
Grand Totals: 449,156.10
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 10, 2016
Resolution- Approving the Gambling License for the Minnesota Youth Athletic Services organization
at The Unofficial located at 3701 Stinson Blvd.
OVERVIEW:
In front of you this evening is a resolution to approve a gambling license for the Minnesota Youth
Athletic Services organization at The Unofficial located at 3701 Stinson Blvd.
The Minnesota Youth Athletic Services organization has secured a lease with The Unofficial for
gambling that will begin on June 1, 2016. The organization is applying for a Premise Permit for
gambling with the State of Minnesota. A requirement of the State permit application is
acknowledgement by the local unit of government and allowance of the gambling to take place within
city limits.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-040
APPROVING THE GAMBLING LICENSE FOR THE MINNESOTA YOUTH
ATHLETIC SERVICES ORGANIZATION AT THE UNOFFICIAL LOCATED AT 3701
STINSON BLVD
WHEREAS, the City Council of the City of St. Anthony allows gambling licenses to be issued within
the city; and
WHEREAS, the City of St. Anthony approves the gambling license for the Minnesota Youth Athletic
Services organization at The Unofficial located at 3701 Stinson Blvd.
NOW THEREFORE IT BE RESOLVED that the City of St. Anthony approves the gambling license for
the Minnesota Youth Athletic Services organization located at The Unofficial located at 3701 Stinson
Blvd.
Adopted this 10th day of May, 2016.
___________________________________
Jerome O. Faust, Mayor
ATTEST: ________________________________
Nicole Miller, City Clerk
Reviewed for Administration: __________________________________
Mark Casey, City Manager
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CERTIFICATION OF MINUTES RELATING TO
$1,510,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2016A
Issuer: City of St. Anthony, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting held on May 10, 2016,
at 7:00 o’clock P.M., at the City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (including): Pages 1 through __
RESOLUTION 16-041
RESOLUTION RELATING TO $1,510,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2016A;
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 taken and of all documents approved by the governing
body at the meeting, insofar as they relate to the obligations; and that the meeting was
duly held by the governing body at the time and place and was attended throughout by
the members indicated above, pursuant to call and notice given as required by law.
WITNESS my hand officially as such recording officer this 10th day of May,
2016.
_________________________________
City Clerk
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It was reported that ________ (__) proposals had been received prior to 12:00 Noon,
Central Time, Tuesday, May 10, 2016, for the purchase of the $1,510,000 General Obligation
Improvement Bonds, Series 2016A of the City in accordance with the Official Statement
distributed by the City to potential purchasers of the Bonds. The proposals have been read and
tabulated, and the terms of each have been determined to be as follows:
Bidder Purchase Price Interest Rates Net Interest Cost
(See Attached)
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Councilmember ________________________ then introduced the following resolution
and moved its adoption:
RESOLUTION 16-041
RESOLUTION RELATING TO $1,510,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2016A; AWARDING THE SALE,
FIXING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY
THEREFOR AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the
“City”), as follows:
Section 1. Recitals, Authorization and Sale of Bonds.
1.01. Authorization. This Council has previously determined to issue and sell on the
date hereof its $1,510,000 General Obligation Improvement Bonds, Series 2016A (the Bonds),
pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Bonds will be used to
finance various road reconstruction projects in the City (the “Improvements”).
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 form
attached as Exhibit A hereto.
Section 3. Bond Terms, Execution and Delivery.
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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 2016A” and shall be payable primarily from the 2016A
Improvement Bond Fund of the City created in Section 4.02. The Bonds shall be dated as of
June 2, 2016, shall be issuable in the denominations of $5,000 or any integral multiple thereof,
shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such
years and amounts shall bear interest, computed on the basis of a 360-day year consisting of
twelve 30-day months, from June 2, 2016 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
$ % $ %
[REVISE FOR ANY TERM BONDS.]
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, 2017, to the owners thereof as such appear of
record in the bond register as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto shall be as follows:
(a) Register. 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
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or more new Bonds of a like aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount, interest rate and maturity, as requested by the
registered owner or the owner’s attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner’s order shall be valid and effectual to satisfy and discharge the liability of the City
upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like
amount, number, interest rate, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar
of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in
which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation
shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already
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matured or been called for redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services
Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Manager are
authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services
Corporation, 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 2016A Improvement Bond Fund described in Section 4.02 hereof, moneys
sufficient for the payment of all principal and interest then due.
3.05. Redemption. (a) Bonds maturing in 2027 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, 2026 and on any date thereafter, at a redemption price equal to
the principal amount thereof to be redeemed plus accrued interest to the date of redemption.
[(b) Bonds maturing in the year _____ shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be so
redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the
years and principal amounts set forth below:
Year Amount
$
_________
*Final Maturity
In the event that any Bonds maturing in the year _____ are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year _____ so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds
maturing in the year _____ so redeemed or canceled provided that the City has notified the
Registrar not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
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[(c) Bonds maturing in the year _____ shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be so
redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the
years and principal amounts set forth below:
Year Amount
$
_________
*Final Maturity
In the event that any Bonds maturing in the year _____ are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year _____ so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds
maturing in the year _____ so redeemed or canceled provided that the City has notified the
Register not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
(d) At least thirty days prior to the date set for redemption of any Bond, the City shall
cause notice of the call for redemption to be mailed to the Registrar and to the registered owner
of each Bond to be redeemed, but no defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. The notice of redemption shall specify the redemption date,
redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed
and the place at which the Bonds are to be surrendered for payment, which is the principal office
of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or
portions thereof so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest.
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
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until a certificate of authentication on such Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on
each Bond shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so executed and authenticated, they shall be delivered
by the City Manager to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
3.07. Securities Depository. (a) For purposes of this Section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Representation Letter from the City to DTC with
respect to the procedures of DTC presently on file with DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
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the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City’s obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated
maturity evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (d) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (d) hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (d) hereof.
(d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
Section 4. Security Provisions.
4.01. 2016A Improvement Construction Fund. There is hereby created a special
bookkeeping fund to be designated as the “2016A Improvement Construction Fund” (the
“Construction Fund”), to be held and administered by the Finance Director separate and apart
from all other funds of the City. The City appropriates to the Construction Fund (a)
$____________ of the proceeds of the sale of the Bonds, and (b) all collections of special
assessments levied for the Improvements until completion and payment of all costs of the
Improvements. The Construction Fund shall be used solely to defray expenses of the
Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02
hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the
Bonds prior to the completion and payment of all costs of the Improvements and the payment of
the expenses incurred by the City in connection with the issuance of the Bonds. Upon
completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds
remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other
improvements instituted pursuant to the Act, as directed by the City Council, but any balance of
such proceeds not so used shall be credited and paid to the Bond Fund.
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4.02. 2016A 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 “2016A Improvement Bond Fund” (the “Bond Fund”) to be
used for no purpose other than the payment of the principal of and interest on the Bonds and on
such other improvement bonds of the City as have been or may be directed to be paid therefrom.
The City irrevocably appropriates to the Bond Fund (a) all amounts in excess of $__________
received from the Purchaser, plus capitalized interest in the amount of $__________, (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.
There are hereby established two accounts in the Bond Fund, designated as the “Debt
Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the
Bond Fund shall be deposited as received into the Debt Service Account. On each February 1,
the Finance Director shall determine the amount on hand in the Debt Service Account. If such
amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the
immediately preceding 12 months, the Finance Director shall promptly transfer the amount in
excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be
transferred thereto from the Debt Service Account as herein provided and all income derived
from the investment of amounts on hand in the Surplus Account. If at any time the amount on
hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the
Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus
Account to the extent necessary to cure such deficiency.
4.03. Additional Bonds. The City reserves the right to issue additional bonds payable
from the Bond Fund as may be required to finance costs of the Improvements not financed
hereby, provided that the City Council shall, prior to the delivery of such additional bonds, levy
or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if
any, which, together with other moneys or revenues pledged for the payment of said additional
obligations, will produce revenues at least five percent (5%) in excess of the amount needed to
pay when due the principal and interest on all bonds payable from the Bond Fund. The
additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or
agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided
by Minnesota Statutes, Section 475.61.
4.04. Levy of Special Assessments. The City hereby covenants and agrees that for
payment of the cost of each of the Improvements it will do and perform all acts and things
necessary for the full and valid levy of special assessments against all assessable lots, tracts and
parcels of land benefited thereby and located within the area proposed to be assessed therefor,
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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 $303,464 payable in not more than 15 installments, the first
installment to be collectible with taxes during the year 2017, and that deferred installments shall
bear interest at the rate provided in the proceedings therefor 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:
Year Levy Year Collection Amount
The foregoing tax levies together with special assessments are such that if collected in full they
will produce at least five percent (5%) in excess of the amount needed to pay when due the
principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond
Fund as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the
right and power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes, Section 475.61.
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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 February 1 in any year the sum of the balance in the
Bond Fund plus the amount of taxes and special assessments theretofore levied for the
Improvements and collectible through the end of the following calendar year is not sufficient to
pay when due all principal and interest become due on all Bonds payable therefrom in said
following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in
this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property
within the corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of this resolution.
Section 5. Defeasance. When any Bond has been discharged as provided in this Section
5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds
shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The
City may discharge its obligations with respect to any Bond which is due on any date by
irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge
its obligations with respect thereto by depositing with the Registrar a sum sufficient for the
payment thereof in full with interest accrued to the date of such deposit. The City may also
discharge its obligations with respect to any prepayable Bond called for redemption on any date
when it is prepayable according to their terms, by depositing with the Registrar on or before that
date a sum sufficient for the payment thereof in full, provided that notice of the redemption
thereof has been duly given as provided in Section 3.05. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
bank or trust company qualified by law as an escrow agent for this purpose, cash or securities
which are authorized by law to be so deposited, bearing interest payable at such times and at
such rates and maturing on such dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity or, if notice of redemption as herein
required has been duly provided for, to such earlier redemption date.
Section 6. County Auditor Registration, Certification of Proceedings, Investment of
Money, Arbitrage and Official Statement.
6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to
file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey
Counties, together with such other information as the County Auditors shall require, and to
obtain from each County Auditor a certificate that the Bonds have been entered on his bond
register and the taxes described in Section 4.05 hereof have been levied as required by law.
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6.02. Certification of Proceedings. The officers of the City and the County Auditors of
Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all
proceedings and records of the City, and such other affidavits, certificates and information as
may be required to show the facts relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and control or as otherwise known
to them, and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited therein.
6.03. Covenant. The City covenants and agrees with the holders from time to time of the
Bonds that it will not take or permit to be taken by any of its officers, employees or agents any
action which would cause the interest on the Bonds to become subject to taxation under the
Internal Revenue Code of 1986, as amended (the “Code”), and Regulations promulgated
thereunder (the “Regulations”), as such are enacted or promulgated and in effect on the date of
issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the
interest on the Bonds will not become subject to taxation under such Code and Regulations. The
Improvements are public improvements available for use by members of the general public on a
substantially equal basis. The City will not enter into any lease, use agreement or other contract
respecting the Improvements which would cause the Bonds to be considered “private activity
bonds” or “private loan bonds” pursuant to Section 141 of the Code.
6.04. Arbitrage Rebate. The City shall take such actions as are required to comply with
the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
6.05. Investment of Money on Deposit in the Bond Fund. The Finance Director shall
ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit therein ever
exceeds the aggregate amount of principal and interest due and payable from the Bond Fund
through the next following February 1 plus a reasonable carryover as permitted by the
Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield less
than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates
on their date of issue, computed by the actuarial method. The City reserves the right to amend
the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if
and to the extent that this Council determines that the provisions of this Section are not necessary
in order to ensure that the Bonds are not “arbitrage bonds” within the meaning of Section 148 of
the Code and Regulations.
6.06. Arbitrage Certification. The Mayor and the City Manager, being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certification in accordance with
the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations.
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6.07. Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as
“qualified tax–exempt obligations” for purposes of Section 265(b) of the Code relating to the
disallowance of interest expenses for financial institutions. The City represents that in calendar
year 2016 it does not reasonably expect to issue tax–exempt obligations which are not private
activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private
activity bonds for purposes of this representation) in an amount in excess of $10,000,000.
6.08. Official Statement. The Official Statement relating to the Bonds, dated April 28,
2016, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby
approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and
distribute to the Purchaser a supplement to the Official Statement listing the offering price, the
interest rates, other information relating to the Bonds required to be included in the Official
Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The
officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
The officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
6.09. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Improvements which the
City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with
respect to such prior expenditures, the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the Improvements meeting the requirements of Section 1.150-2(f)(1) of the
Regulations, or (ii) with respect to “preliminary expenditures” for the Improvements as defined
in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and
similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of
the Bonds.
Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the
public availability of certain information relating to the Bonds and the security therefor and to
permit the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. If the City fails to comply with
any provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
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indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance
reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a
Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the
Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1) on or before 12 months after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2015, the following financial information and
operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, prepared in
accordance with generally accepted accounting principles in accordance with
the governmental accounting standards promulgated by the Governmental
Accounting Standards Board or as otherwise provided under Minnesota law, as
in effect from time to time, or, if and to the extent such financial statements
have not been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the City, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings:
Current Property Valuations; Direct Debt; Tax Levies and Collections;
Population Trend and Employment/Unemployment Data, which information
may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been filed with
the SEC or have been made available to the public on the Internet Web site of the Municipal
Securities Rulemaking Board (MSRB). The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
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Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect, provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be described in paragraph (2) hereof, then, from and after such
determination, the Disclosure Information shall include such additional specified data regarding
the replacement operations. If the Disclosure Information is changed or this section is amended
as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next
Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the
reasons for the amendment and the effect of any change in the type of financial information or
operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events:
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
status of the Bonds, or other material events affecting the tax status of the
Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or similar event of the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additional paying agent or the change of name of
a paying agent, if material.
As used herein, for those events that must be reported if material, an event is “material” if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
38
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be
deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of
applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the
event.
For the purposes of the event identified in (L) hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
39
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the
Rule.
Adopted this 10th day of May, 2016.
______________________________
Jerome O. Faust, Mayor
ATTEST: ___________________________
City Clerk
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Reviewed for administration: ______________________________
Mark Casey, City Manager
41
EXHIBIT A
BOND FORM
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2016A
No. R-____ $___________
Date of
Interest Rate Maturity Original Issue CUSIP
____% February 1, 20__ June 2, 2016
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND 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, 2017, 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 Bond Trust Services Corporation, in Roseville,
Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the “Bond Registrar”), or its
successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $1,510,000 (the
“Bonds”), issued pursuant to a resolution adopted by the City Council on May 10 , 2016 (the
“Resolution”), for the purpose of financing a portion of the costs of various road reconstruction
projects 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
2016A Improvement Bond Fund (the “Fund”) of the City. In addition, for the full and prompt
payment of the principal and interest on the Bonds as the same become due, the full faith, credit
and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are
42
issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of
single maturities.
Bonds maturing in the years ______ through _____ are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in 2027
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, 2026 and on any date thereafter, at a
price equal to the principal amount thereof to be redeemed plus accrued interest to the date of
redemption.
[INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS.]
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of the proceedings for the redemption of any
Bond not affected by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price herein specified and from and after such date
(unless the City shall default in the payment of the redemption price) such Bond or portions of
Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
The Bonds have been designated by the City as “qualified tax-exempt obligations”
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by his attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
43
to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to
make this Bond a valid and binding general obligation of the City according to its terms, have
been done, do exist, have happened and have been performed in regular and due form as so
required; that prior to the issuance hereof the City has levied or agreed to levy special
assessments on property specially benefited by the Improvements and ad valorem taxes on all
taxable property in the City, collectible in the years and amounts required to produce sums not
less than 5% in excess of the principal of and interest on the Bonds as such principal and interest
respectively become due, and has appropriated the same to the Fund in the manner specified in
Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or
anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied
upon all taxable property in the City without limitation as to rate or amount; and that the issuance
of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory
limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by the manual signature of a person authorized to sign on
its behalf.
IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties,
Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the
Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below.
CITY OF ST. ANTHONY
_________________________________ __________________________________
City Manager Mayor
_________________________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: ___________
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota, as Bond Registrar
By _______________________________
Authorized Representative
_________________________
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The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM – – as tenants UNIF TRANS MIN ACT. . . . . . . Custodian. . . . . . . .
in common (Cust) (Minor)
TEN ENT – – as tenants
by the entireties under Uniform Transfers to
Minors
Act. . . . . . . . . . . . . . . . . . . . . .
JT TEN – – as joint tenants (State)
with right of
survivorship and
not as tenants in
common
Additional abbreviations may also be used.
_________________________
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
_____________________________________________________________________ the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
___________________________________________________________ attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: ________________________
PLEASE INSERT SOCIAL SECURITY ___________________________________
OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to this
OF ASSIGNEE: assignment must correspond with the name
as it appears upon the face of the within
_____________________________ Bond in every particular, without alteration,
/_____________________________/ enlargement or any change whatsoever.
___________________________________
Signature(s) must be guaranteed by an
“eligible guarantor institution” meeting
the requirements of the Bond Registrar,
which requirements include membership
or participation in the Securities Transfer
Association Medalion Program (STAMP)
or such other “signature guaranty program”
as may be determined by the Bond Registrar
in addition to or in substitution for STAMP,
all in accordance with the Securities Exchange
Act of 1934, as amended.
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COUNTY AUDITOR’S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted May 10, 2016,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $1,510,000 General Obligation Improvement Bonds, Series 2016A, of the City, to be
dated, as of June 2, 2016 and levying taxes for the payment of principal of and interest on said
Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this ______ day of _____________, 2016.
___________________________________
Hennepin County Auditor
(SEAL)
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COUNTY AUDITOR’S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted May 10, 2016,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $1,510,000 General Obligation Improvement Bonds, Series 2016A, of the City, to be
dated, as of June 2, 2016 and levying taxes for the payment of principal of and interest on said
Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this ______ day of _____________, 2016.
____________________________________
Ramsey County Auditor
(SEAL)
48
CERTIFICATION OF MINUTES RELATING TO
$1,495,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2016B
Issuer: City of St. Anthony, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting held on May 10, 2016, at
7:00 o’clock P.M., at the City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (including): Pages 1 through __
RESOLUTION NO. 16-042
RESOLUTION RELATING TO $1,495,000 GENERAL OBLIGATION
TAX ABATEMENT BONDS, SERIES 2016B; AWARDING THE
SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR
THE EXECUTION AND DELIVERY THEREOF AND SECURITY
THEREFOR
I, the undersigned, being the duly qualified and acting recording officer of the
public corporation issuing the obligations referred to in the title of this certificate, certify
that the documents attached hereto, as described above, have been carefully compared
with the original records of the corporation in my legal custody, from which they have
been transcribed; that the documents are a correct and complete transcript of the minutes
of a meeting of the governing body of the corporation, and correct and complete copies of
all resolutions and other actions taken and of all documents approved by the governing
body at the meeting, insofar as they relate to the obligations; and that the meeting was
duly held by the governing body at the time and place and was attended throughout by
the members indicated above, pursuant to call and notice given as required by law.
WITNESS my hand officially as such recording officer this 10th day of
May, 2016.
_______________________________________
City Clerk
49
It was reported that ____ ( ) proposals had been received prior to 12:00 Noon, Central
Time, Tuesday, May 10, 2016, for the purchase of the $1,495,000 General Obligation Tax
Abatement Bonds, Series 2016B of the City in accordance with the Official Statement distributed
by the City to potential purchasers of the Bonds. The proposals have been read and tabulated,
and the terms of each have been determined to be as follows:
Bidder Purchase Price Interest Rates Net Interest Cost
(See Attached)
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Councilmember ________________________ then introduced the following resolution
and moved its adoption:
RESOLUTION NO. 16-042
RESOLUTION RELATING TO $1,495,000 GENERAL OBLIGATION TAX
ABATEMENT BONDS, SERIES 2016B; AWARDING THE SALE, FIXING
THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND
DELIVERY THEREOF AND SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the
“City”), as follows:
Section 1. Recitals, Authorization and Sale of Bonds.
1.01. Recitals. To finance water quality and flood improvements to Mirror Pond, the
City’s regional storm water pond and complete nearly 1.5 miles of new sidewalk construction
and ADA upgrades at eight intersection to improve pedestrian safety in the City (“the Project”),
the City Council by resolution adopted April 12, 2016, has granted an abatement of property
taxes to be imposed by the City on certain parcels in the City (the “Parcels”) pursuant to
Minnesota Statutes, Sections 469.1812 to 469.1815, for a period of ten (10) years commencing
with property taxes payable in 2017 and concluding with property taxes payable in 2026 (the
“Tax Abatement”). The revenues received by the City from such Tax Abatement are herein
referred to as the “Tax Abatement Revenue.”
1.02. Authorization. This Council hereby determines that it is in the best interests of the
City to issue its General Obligation Tax Abatement Bonds, Series 2016B (the “Bonds”) in the
principal amount of $1,495,000, pursuant to Minnesota Statutes, Chapter 469 and 475 and
Section 469.1814, to finance the Project and to fund costs of issuance of the Bonds.
1.03. 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 deposits of the unsuccessful bidders
shall be returned forthwith.
1.04. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on the part of the City
with the Purchaser for the sale of the Bonds. The good faith deposit of the Purchaser shall be
retained and deposited by the City until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement.
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1.05. Performance of Requirements. All acts, conditions and things which are required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, existing, having
happened and having been performed, it is now necessary for this Council to establish the form
and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the form
attached as Exhibit A hereto.
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 Tax
Abatement Bonds, Series 2016B.” The Bonds shall be dated as of June 2, 2016, shall be issuable
in the denominations of $5,000 or any integral multiple thereof, shall mature on February 1 in the
years and amounts set forth below, and Bonds maturing in such years and amounts shall bear
interest from date of issue until paid or duly called for redemption at the rates per annum set
forth opposite such years and amounts as follows:
Year Amount Rate Year Amount Rate
$ % $ %
[REVISE FOR ANY TERM BONDS.]
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, 2017, to the owners thereof as such appear of
record in the bond register as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day. Interest on the Bonds will be
computed on the basis of a 360-day year consisting of twelve 30-day months and will be rounded
pursuant to the rules of the Municipal Securities Rulemaking Board.
3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto shall be as follows:
52
(a) Register. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Bonds of a like aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount, interest rate and maturity, as requested by the
registered owner or the owner’s attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon the
owner’s order shall be valid and effectual to satisfy and discharge the liability of the City
upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(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
53
and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar
of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in
which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation
shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services
Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Manager are
authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services
Corporation, 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.
3.05. Redemption. (a) Bonds maturing in 2027 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, 2026 and on any date thereafter, at a redemption price equal to
the principal amount thereof to be redeemed plus accrued interest to the date of redemption.
[(b) Bonds maturing in the year _____ shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be
so redeemed plus interest accrued thereon to the date fixed for redemption, on February
1, in the years and principal amounts set forth below:
Year Amount
$
_________
*Final Maturity
54
In the event that any Bonds maturing in the year _____ are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year _____ so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds
maturing in the year _____ so redeemed or canceled provided that the City has notified the
Registrar not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
[(c) Bonds maturing in the year _____ shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be
so redeemed plus interest accrued thereon to the date fixed for redemption, on February
1, in the years and principal amounts set forth below:
Year Amount
$
_________
*Final Maturity
In the event that any Bonds maturing in the year _____ are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year _____ so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds
maturing in the year _____ so redeemed or canceled provided that the City has notified the
Register not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
(d) At least thirty days prior to the date set for redemption of any Bond, the City
shall cause notice of the call for redemption to be mailed to the Registrar and to the
registered owner of each Bond to be redeemed, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of proceedings for the redemption of
any Bond not affected by such defect or failure. The notice of redemption shall specify
the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of
the Bonds to be redeemed and the place at which the Bonds are to be surrendered for
payment, which is the principal office of the Registrar. Official notice of redemption
having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on
the redemption date, become due and payable at the redemption price therein specified
and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions thereof shall cease to bear interest.
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.
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3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the
City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the
City Manager, provided that said signatures may be printed, engraved, or lithographed facsimiles
thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on
the Bonds shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer
had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or
obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on such Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on
each Bond shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so executed and authenticated, they shall be delivered
by the City Manager to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
3.07. Securities Depository. (a) For purposes of this Section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on
the records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for
which DTC holds Bonds as securities depository.
“Representation Letter” shall mean the Representation Letter from the City to
DTC with respect to the procedures of DTC presently on file with DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of
the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the
bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City
may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered
in its name for the purposes of payment of the principal of or interest on the Bonds,
selecting the Bonds or portions thereof to be redeemed, if any, giving any notice
permitted or required to be given to registered owners of Bonds under this resolution,
registering the transfer of Bonds, and for all other purposes whatsoever; and neither the
Registrar nor the City shall be affected by any notice to the contrary. Neither the
Registrar nor the City shall have any responsibility or obligation to any Participant, any
56
person claiming a beneficial ownership interest in the Bonds under or through DTC or
any Participant, or any other person which is not shown on the bond register as being a
registered owner of any Bonds, with respect to the accuracy of any records maintained by
DTC or any Participant, with respect to the payment by DTC or any Participant of any
amount with respect to the principal of or interest on the Bonds, with respect to any
notice which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect to any
consent given or other action taken by DTC as registered owner of the Bonds. So long as
any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar
shall pay all principal of and interest on such Bond, and shall give all notices with respect
to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City’s
obligations with respect to the principal of and interest on the Bonds to the extent of the
sum or sums so paid. No person other than DTC shall receive an authenticated Bond for
each separate stated maturity evidencing the obligation of the City to make payments of
principal and interest. Upon delivery by DTC to the Registrar of written notice to the
effect that DTC has determined to substitute a new nominee in place of Cede & Co., the
Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the City may
notify DTC and the Registrar, whereupon DTC shall notify the Participants of the
availability through DTC of Bonds in the form of certificates. In such event, the Bonds
will be transferable in accordance with paragraph (d) hereof. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice
to the City and the Registrar and discharging its responsibilities with respect thereto
under applicable law. In such event the Bonds will be transferable in accordance with
paragraph (d) hereof.
(d) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt
by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments
of transfer to the permitted transferee in accordance with the provisions of this resolution.
In the event Bonds in the form of certificates are issued to owners other than Cede & Co.,
its successor as nominee for DTC as owner of all the Bonds, or another securities
depository as owner of all the Bonds, the provisions of this resolution shall also apply to
all matters relating thereto, including, without limitation, the printing of such Bonds in
the form of bond certificates and the method of payment of principal of and interest on
such Bonds in the form of bond certificates.
Section 4. Security Provisions.
4.01. General Obligation Tax Abatement Bonds, Series 2016B Construction Fund.
There is hereby established on the official books and records of the City a General Obligation
Tax Abatement Bonds, Series 2016B Construction Fund (the Construction Fund), and the City
57
shall continue to maintain the Construction Fund until payment of all costs and expenses
incurred in connection with the Project financed by the Bonds have been paid. To the
Construction Fund there shall be credited from the proceeds of the Bonds an amount equal to the
estimated cost of the Project and from the Construction Fund there shall be paid all construction
costs and expenses. After payment of all construction costs, the Construction Fund shall be
discontinued and any Bond proceeds remaining therein shall be credited to the Sinking Fund
established by Section 4.02 hereof.
4.02. General Obligation Tax Abatement Bonds, Series 2016B Sinking Fund. The
Bonds shall be payable from a separate General Obligation Tax Abatement Bonds, Series 2016B
Sinking Fund (the “Sinking Fund”) which shall be created and maintained on the books of the
City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid.
There shall be credited to the Sinking Fund the following:
(a) Any amount deposited therein pursuant to Section 4.01 hereof.
(b) All Tax abatement Revenue received by the City.
(c) All taxes levied and all other money which may at any time be received for or
appropriated to the payment of the principal of or interest on the Bonds, including all
collections of any ad valorem taxes levied for the payment of the Bonds.
(d) Any other funds appropriated by the Council for the payment of the Bonds.
There are hereby established two accounts in the Sinking Fund, designated as the “Debt
Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the
Sinking Fund shall be deposited as received into the Debt Service Account. On each February 1,
the City Finance Director shall determine the amount on hand in the Debt Service Account. If
such amount is in excess of one-twelfth of the debt service payable from the Sinking Fund in the
immediately preceding 12 months, the City Finance Director shall promptly transfer the amount
in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to
be transferred thereto from the Debt Service Account as herein provided and all income derived
from the investment of amounts on hand in the Surplus Account. If at any time the amount on
hand in the Debt Service Account is insufficient to meet the requirements of the Sinking Fund,
the City Finance Director-shall transfer to the Debt Service Account amounts on hand in the
Surplus Account to the extent necessary to cure such deficiency.
4.03. Full Faith and Credit Pledged. The full faith and credit and taxing power of the
City shall be and are hereby irrevocably pledged for the prompt and full payment of the principal
of and interest on the Bonds. In order to produce aggregate amounts which, together with the
Tax Abatement Revenues, will produce amounts not less than 5% in excess of the amounts
needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are
hereby levied on all taxable property in the City. The taxes will be levied and collected in years
and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as
any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power
to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61
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Section 5. Defeasance. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the 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, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder’s
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date, provided, however, that if such deposit is made more than
ninety days before the maturity date or specified redemption date of the Bonds to be discharged,
the City shall have received a written opinion of Bond Counsel to the effect that such deposit
does not adversely affect the exemption of interest on any Bonds from federal income taxation
and a written report of an accountant or investment banking firm verifying that the deposit is
sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and
before their maturity dates or earlier designated 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 each County Auditor a certificate that the Bonds have been entered on his bond
register as required by law.
6.02. Certification of Proceedings. The officers of the City and the County Auditors of
Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all
proceedings and records of the City, and such other affidavits, certificates and information as
may be required to show the facts relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and control or as otherwise known
to them, and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited therein.
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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
Project consists of 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 Project which would cause the Bonds to be considered “private activity bonds” or
“private loan bonds” pursuant to Section 141 of the Code.
6.04. Arbitrage Rebate. The City shall take such actions as are required to comply with
the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
6.05. Arbitrage Certification. The Mayor and the City Manager, being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certification in accordance with
the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations.
6.06. Qualified Tax-Exempt Obligations. 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 2016 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 April 28,
2016, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby
approved. Ehlers & Associates, Inc., is hereby authorized on behalf of the City to prepare and
distribute to the Purchaser a supplement to the Official Statement listing the offering price, the
interest rates, other information relating to the Bonds required to be included in the Official
Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The
officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
The officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
6.08. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
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such prior expenditures, the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to
“preliminary expenditures” for the Project as defined in Section 1.150-2(f)(2) of the Regulations,
including engineering or architectural expenses and similar preparatory expenses, which in the
aggregate do not exceed 20% of the “issue price” of the Bonds.
Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for
the public availability of certain information relating to the Bonds and the security therefor and
to permit the Purchaser and other participating underwriters in the primary offering of the Bonds
to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. If the City fails to comply with
any provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance
reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a
Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the
Bond for federal income tax purposes.
(b)Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1)on or before 12 months after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2015, the following financial information and
operating data in respect of the City (the Disclosure Information):
(A)the audited financial statements of the City for such fiscal year, prepared in
accordance with generally accepted accounting principles in accordance with
the governmental accounting standards promulgated by the Governmental
Accounting Standards Board or as otherwise provided under Minnesota law, as
61
in effect from time to time, or, if and to the extent such financial statements
have not been prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the City, noting the
discrepancies therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings:
Current Property Valuations; Direct Debt; Tax Levies and Collections;
Population Trend and Employment/Unemployment Data, which information
may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been filed with
the SEC or have been made available to the public on the Internet Web site of the Municipal
Securities Rulemaking Board (MSRB). The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect, provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be described in paragraph (2) hereof, then, from and after such
determination, the Disclosure Information shall include such additional specified data regarding
the replacement operations. If the Disclosure Information is changed or this section is amended
as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next
Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the
reasons for the amendment and the effect of any change in the type of financial information or
operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events:
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
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status of the Bonds, or other material events affecting the tax status of the
Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or similar event of the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additional paying agent or the change of name of
a paying agent, if material.
As used herein, for those events that must be reported if material, an event is “material” if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be
deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of
applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the
event.
For the purposes of the event identified in (L) hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
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(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
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amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
Adopted this 10th day of May, 2016.
______________________________
Jerome O. Faust, Mayor
ATTEST: ___________________________
City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
65
LEVIES
66
EXHIBIT A
BOND FORM
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION TAX ABATEMENT BOND,
SERIES 2016B
Date of
Interest Rate Maturity Original Issue CUSIP
% February 1, June 2, 2016
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
THE CITY OF ST. ANTHONY, 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, 2017, 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 at
the principal office of the agent of the Registrar described below, the principal hereof are payable
in lawful money of the United States of America by check or draft drawn on Bond Trust Services
Corporation, Roseville, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent, or its
successor designated under the Resolution described herein (the “Bond Registrar”), or its
successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $1,495,000 (the
“Bonds”) all of like date and tenor except as to serial number, interest rate, redemption privilege
and maturity date, issued pursuant to a resolution adopted by the City Council on May 10, 2016
(the “Resolution”), to finance water quality and flood improvements to Mirror Pond, the City’s
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regional storm water pond and complete nearly 1.5 miles of new sidewalk construction and ADA
upgrades at eight intersection to improve pedestrian safety in the City and is issued pursuant to
and in full conformity with the provisions of the Constitution and laws of the State of Minnesota
thereunto enabling, including Minnesota Statutes, Sections 469.1812 to 469.1815. For the full
and prompt payment of the principal and interest on the Bonds as the same become due, the full
faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The
Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple
thereof, of single maturities.
Bonds maturing in the years ______ through _____ are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in 2027
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, 2026 and on any date thereafter, at a
price equal to the principal amount thereof to be redeemed plus accrued interest to the date of
redemption.
[INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS.]
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of the proceedings for the redemption of any
Bond not affected by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price herein specified and from and after such date
(unless the City shall default in the payment of the redemption price) such Bond or portions of
Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
The Bonds have been designated by the City as “qualified tax-exempt obligations”
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by his attorney duly authorized in writing upon
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.
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The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to
make this Bond a valid and binding general obligation of the City according to its terms, have
been done, do exist, have happened and have been performed in regular and due form as so
required; that prior to the issuance hereof the City has pledged and appropriated to the sinking
fund established for the payment of the Bonds tax abatements to be derived by the City from
certain specified properties of the City; that if necessary to pay the principal and interest on this
Bond, ad valorem taxes are required be levied upon all taxable property in the City without
limitation as to rate or amount; and that the issuance of this Bond does not cause the
indebtedness of the City to exceed any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by the manual signature of a person authorized to sign on
its behalf.
IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties,
Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the
Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below.
CITY OF ST. ANTHONY
_________________________________ __________________________________
City Manager Mayor
_________________________
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: ___________
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota, as Bond Registrar
By _______________________________
Authorized Representative
_________________________
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM --as tenants in common UTMA …………. as Custodian for …..………….
(Cust) (Minor)
TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ………….
(State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
_________________________
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
_____________________________________________________________________ the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
___________________________________________________________ attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: ________________________
PLEASE INSERT SOCIAL SECURITY ___________________________________
OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to this
OF ASSIGNEE: assignment must correspond with the name
as it appears upon the face of the within
_____________________________ Bond in every particular, without alteration,
/_____________________________/ enlargement or any change whatsoever.
___________________________________
Signature(s) must be guaranteed by an
“eligible guarantor institution” meeting
the requirements of the Bond Registrar,
which requirements include membership
or participation in the Securities Transfer
Association Medalion Program (STAMP)
or such other “signature guaranty program”
as may be determined by the Bond Registrar
in addition to or in substitution for STAMP,
all in accordance with the Securities Exchange
Act of 1934, as amended
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COUNTY AUDITOR’S CERTIFICATE AS TO
REGISTRATION OF BONDS
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of
Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified
copy of Resolution No 16- of the City Council of the City of St. Anthony, in said County,
adopted May 10, 2016, awarding the sale, fixing the form and details and providing for the
execution, delivery and security of $1,495,000 General Obligation Tax Abatement Bonds, Series
2016B, of the City, to be dated, as of June 2, 2016.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this _____ day of _______________, 2016.
Hennepin County Auditor
(SEAL)
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COUNTY AUDITOR’S CERTIFICATE AS TO
REGISTRATION OF BONDS
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of
Resolution No 16- of the City Council of the City of St. Anthony, in said County, adopted
May 10, 2016, awarding the sale, fixing the form and details and providing for the execution,
delivery and security of $1,495,000 General Obligation Tax Abatement Bonds, Series 2016B, of
the City, to be dated, as of June 2, 2016.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this ______ day of _______________, 2016.
Ramsey County Auditor
(SEAL)
4825-0983-3775\2
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74
Building a legacy – your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763‐541‐4800
Fax: 763‐541‐1700
Equal Opportunity Employer
w s b e n g . c o m
K:\01626‐960\Admin\Resolutions\LTR‐hmcc‐042916.docx
April 29, 2016
The Honorable Mayor, City Council and Staff
c/o Mark Casey
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony Village, MN 55418‐1603
Re: Approve Plans and Specifications and Ordering Advertisement for Bids
Highway Safety Improvement Project
St. Anthony Village, MN
WSB Project No. 1626‐960
Dear Honorable Mayor, City Council, and Staff:
Following this letter is a resolution for your consideration at the May 10, 2016 City Council Meeting.
The resolution for your consideration approves the plans and specifications and authorizes the
advertisement for bids for the Highway Safety Improvement Project.
We anticipate opening bids on or near June 3, 2016 and bringing the bid results to Council in June.
I will be present at your May 10, 2016 Council Meeting to answer any questions you may have on this
issue, or please call me at 763‐287‐7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
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1.1
2016 Highway Safety
Improvement Project (HSIP)
Approve Plans & Specifications;
Authorize Advertisement for Bids
May 10, 2016
7:00 P.M.
1.2
Project Location
Sidewalk Improvements
Stinson Boulevard NE
East side from 37th Ave to Silver Ln
Six feet wide
37th Avenue NE
South side from Stinson Blvd to Highcrest Rd
Six feet wide
Silver Lane
37th Avenue
37th AvenueSt
i
n
s
o
n
B
l
v
d
Hi
g
h
c
r
e
s
t
R
d
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1.3
Traffic Signal Improvements
Stinson and 37th Ave
Stinson and 39th Ave
37th Ave and Highcrest
Rd37th Avenue
39th Avenue
Hi
g
h
c
r
e
s
t
R
d
37th Avenue
Traffic Signal Improvements
Silver Lake Rd and 37th
Ave
Silver Lake Rd and 39th
Ave
Silver Lake Rd and
Silver Lane
39th Avenue
37th Avenue
Silver Lane
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1.4
Traffic Signal Improvements
St. Anthony Blvd and
Brighton Blvd
St. Anthony Blvd and
Kenzie Terrace/Silver
Lake Rd
Countdown timers at pedestrian crossings
APS for the visually impaired
(signal chirps)
Additional signal heads
Relocating push buttons for easier access
Readjusting and/or installing
pedestrian ramps
Upgrading pavement markings
Traffic Signal Improvements
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1.5
Project Partners
Minnesota Department of Transportation (MnDOT)
Hennepin County
Ramsey County
City of Columbia Heights
City of Roseville
School District
Project Costs/Funding Breakdown
Total Project Cost: $1,598,000
HSIP grant award of $690,000
Local required match of $77,000
Hennepin County and Ramsey County cost participation
Additional costs above grant amount and locally
required match are the responsibility of the city and
any agreements with partners
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1.6
Project Schedule
1st PMT Meeting July 2014
2nd PMT Meeting August 2014
1st Neighborhood Meeting September 2014
3rd PMT Meeting March 2015
Council Authorize Acquisition of Property October 2015
2nd Neighborhood Meeting February 2015
Council Supports Submittal of Grant Application March 2016
Council Approve Plans May 2016
Receive Bids/Compute Assessments June 2016
Award Contract June 2016
Begin Construction July 2016
Substantial Completion November 2016
Questions?
82
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-043
A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR THE
CITY OF ST. ANTHONY VILLAGE HIGHWAY SAFETY IMPROVEMENT PROJECT
WHEREAS, the engineering firm of WSB & Associates, Inc. has prepared plans and specifications for the
improvement of:
Concrete Sidewalk Improvements
East side of Stinson Blvd from 37th Ave NE to Silver Ln
South side of 37th Ave NE from Stinson Blvd to Highcrest Rd
Traffic Signal & Intersection Improvements for ADA Compliance
37th Avenue NE and Stinson Blvd 37th Ave NE and Silver Lake Rd
37th Ave NE and Highcrest Rd Stinson Blvd and 39th Ave NE
Silver Lake Rd and 39th Ave NE Silver Lake Rd and Silver Ln
St. Anthony Blvd and Kenzie
Terr/Silver Lake Rd
St. Anthony Blvd and New Brighton Blvd
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.) Such improvements are necessary, cost-effective, and feasible.
2.) Such plans and specifications are hereby approved.
3.) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the
Finance and Commerce, an advertisement for bids upon the making of such improvements under such
approved plans and specifications. The advertisement shall be published for two times, shall specify the
work to be done, shall state that bids will be opened on or about June 3, 2016, and bids will be
considered by the City Council. Any bidder whose responsibility is questioned during consideration of
the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check,
bid bond, or certified check payable to the City of St. Anthony Village for Five (5%) percent of the
amount of such bid.
Adopted this 10th day of May, 2016.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 10, 2016
Ordinance- An ordinance amending Chapter 32 to add Tree Care section
OVERVIEW:
In front of you this evening is an Ordinance to adopt a Tree Care Ordinance. This Ordinance would
establish the Parks Commission as the Tree Board. The Parks Commission (Tree Board) would be
responsible for recommendations to the City Council regarding the comprehensive tree plan for areas
within the public right-of-way and City parks. In addition, if requested by the City Council, the Parks
Commission (Tree Board) can consider, investigate, and recommend tree care matters as needed.
Once adopted, the City would be eligible for Tree City USA designation.
This is the 2nd of 3 readings.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2016-02
AN ORDINANCE ADDING SECTION §32.39 TREE CARE
The City Council of the City of St. Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Add Section
§32.39. Section §32.39 of the City Code of the City of Saint Anthony Village is hereby amended
as follows. The deleted language is represented by strikethrough text. The additional language
is represented by double underlined text.
(A) Definitions
(1) Street trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other
woody vegetation in the public right-of-way within the City.
(2) Park Trees: "Park trees" are herein defined as trees, shrubs, bushes and all other
woody vegetation in public parks, and all areas owned by the City, or to which the public has
free access as a park.
(B) Creation and Establishment of a City Tree Board
There is hereby created and established a City Tree Board for the City of St. Anthony: which
shall consist of the members of the City of St. Anthony Parks Commission, who are appointed by
the City Council.
(1) Term of Office. The term of the five persons to be in accordance with the terms of
the City of St. Anthony Parks Commission.
(2) Compensation . Members of the board shall serve without additional compensation.
(3) Duties and Responsibilities. It shall be the responsibility of the Board to study,
investigate, council, develop and/or update, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks,
along streets and in other public areas. Such plan will be presented to the City Council and upon
their acceptance and approval shall constitute the official comprehensive city tree plan for the
City. The Board, when requested by the City Council shall consider, investigate, make finding,
report and recommend upon any special matter of question coming within the scope of its work.
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(4) Operation. The Board may choose its own officers, make its own rules and
regulations and keep a journal of its proceedings. A majority of the members shall be a quorum
for the transaction of business.
(C) Street Tree Species to be Planted. All trees planted must be in compliance with city
ordinance.
(D) Spacing. The spacing of Street Trees will be in accordance with the species size classes;
except in special plantings designed or at the discretion of the City Manager or designee.
(E) Distance from Curb and Sidewalk. The distance trees may be planted from curbs or
curblines and sidewalks will be in accordance with city ordinance.
(F) Distance from Street Corners and Fireplugs. No Street Tree shall be planted closer than 35
feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No
Street Tree shall be planted closer than 10 feet of any fireplug or at the discretion of the City
Manager or designee.
(G) Utilities. No Street Trees may be planted under or within 10 lateral feet of any overhead
utility wire, or over or within 5 lateral feet of any underground water line, sewer line,
transmission line or other utility or at the discretion of the City Manager or designee.
(H) Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public
grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and
beauty of such public grounds.
(I) Tree Topping. It shall be unlawful as a normal practice for any person or firm, to top any
Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within the tree's crown to such a
degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this ordinance at the determination of
the board or at the discretion of the City Manager or designee.
(J) Pruning, Corner Clearance. Owners shall remove all dead, diseased or dangerous trees, or
broken or decayed limbs which constitute a menace to the safety of the public. The City shall
have the right to prune any tree or shrub on private property when it interferes with the proper
spread of light along the street from a street light or interferes with visibility of any traffic
control device or sign.
(K) Removal of Stumps. All stumps of street and park trees shall be removed below the surface of
the ground so that the top of the stump shall not project above the surface of the ground.
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(L) Arborists License and Bond. It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, trees within the City without first applying for and
procuring a license. The license fee shall be in accordance with the City’s fee schedule provided,
however, that no license shall be required of any public service company or City employee doing
such work in the pursuit of their public service endeavors. Before any license shall be issued,
each applicant shall first file evidence of possession of liability insurance for bodily injury and
property damage indemnifying the City or any person injured or damaged resulting from the
pursuit of such endeavors as herein described.
Section Three. Findings for Amending the City of Saint Anthony Village City Code by
Adding Section 32.39. In amending the City of Saint Anthony Village City Code by adding
Section 32.39 relating to tree care, the City Council of the City of Saint Anthony Village finds
that the amendment is required for the public good; is in the interest of public health, safety and
welfare; and is compatible with the City’s Comprehensive Plan.
Section Four. Effective Date. This Ordinance amendment shall be in full force and
effect upon its publication as provided by law.
Passed in regular session of the City Council on April 26, 2016.
First Reading: April 26, 2016
Second Reading: May 10, 2016
Adopted: May 24, 2016
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date:
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 10, 2016
Ordinance- An ordinance amending Chapter 112 to Change Hours of Sale on Sundays for
Establishments Holding and On-Sale Intoxicating Liquor License
OVERVIEW:
In front of you this evening is an ordinance amending Chapter 112 to change hours of sale on Sundays
for establishments holding an on-sale intoxicating liquor license. Currently the City of St. Anthony
allows for intoxicating liquor or wine to be sold in conjunction with food on Sundays beginning at
10:00 a.m. The ordinance amendment would change the beginning time on Sundays from 10:00 a.m.
to 8:00 a.m.
Minnesota State Statute 340A.504(3) allows for holders of on-sale intoxicating liquor licenses to sell
liquor in conjunction with food beginning at 8:00 a.m. on Sundays.
This is the 2nd of 3 readings.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2016-03
AN ORDINANCE AMENDI NG CHAPTER 112 TO CHANGE HOURS OF SALE ON
SUNDAYS FOR ESTABLISHMENTS HOLDING AN ON-SALE INTOXICATING LIQUOR
LICENSE
The City Council of the City of St. Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Amend
Section §112.10(G)(2). Section §112.10(G)(2) of the City Code of the City of Saint Anthony
Village is hereby amended as follows. The deleted language is represented by strikethrough text.
The additional language is represented by double underlined text.
§ 112.10 GENERAL RESTRICTIONS; CONDITIONS OF SALE.
(G) Hours of sale. The hours and days of sale shall be as set forth in M.S. § 340A.504, as it
may be amended from time to time, except that:
(1) Establishments holding a wine license or an on-sale intoxicating liquor license
under this subchapter may not sell liquor or wine between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday and after 1:00 a.m. on Sundays, except as provided by division (G)(2)
below; and
(2) Establishments holding a wine license under this subchapter or establishments
holding both an on-sale intoxicating liquor license and a Sunday on-sale license under this
subchapter may sell intoxicating liquor or wine in conjunction with the sale of food between the
hours of 10:00 a.m. 8:00 a.m. Sundays and 1:00 a.m. on Mondays, provided that the licensee is
in conformance with the Minnesota Clean Air Act.
Section Three. Findings for Amending the City of Saint Anthony Village City Code by
Amending Section 112.10(G)(2). In amending the City of Saint Anthony Village City Code by
adding Section 112.10(G)(2) relating to hours of sale, the City Council of the City of Saint
Anthony Village finds that the amendment is required for the public good; is in the interest of
public health, safety and welfare; and is compatible with the City’s Comprehensive Plan.
Section Four. Effective Date. This Ordinance amendment shall be in full force and
effect upon its publication as provided by law.
Passed in regular session of the City Council on April 26, 2016.
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First Reading: April 26, 2016
Second Reading: May 10, 2016
Adopted: May 24, 2016
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date:
94
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 10, 2016
Resolution- Authorizing the Agreement with Hennepin County for the Use of E-Poll Pads
OVERVIEW:
In front of you this evening is a resolution to authorize the agreement with Hennepin County for the
use of E-Poll Pads.
Hennepin County has purchased electronic poll books from KNOWiNK to be used in Hennepin
County cities. There is no cost to the city of St. Anthony for the E-Poll Pads.
The E-Poll Pads will be used starting with the Primary Election on August 9, 2016 and will:
• Speed up lines at the polls
• Help election judges through each step of the process, including election day registration
• Allow instantaneous absentee ballot updates to be received wirelessly
• Provide cities data on polling place activity and Election Judge performance
• Enable cities to hire fewer election judges eventually by making polling places more efficient
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City shall be responsible for implementation of the Election Equipment.
Unless the parties otherwise agree, County or its designated third‐party vendor shall be
perform all maintenance and repair of the Election Equipment. City shall not repair,
change, modify or alter the Election Equipment unless expressly authorized by County
or its designee. If any Election Equipment needs repair or maintenance, City shall follow
the direction and process provided by County. City acknowledges and agrees that, as
directed by County, (i) City may be required to deliver, at City’s sole cost and expense,
Election Equipment to County or its designee for maintenance and repair; and (ii) City
may be required to provide access to the Election Equipment for inspection,
maintenance or repair during City’s regular business hours, including but not limited to
granting the right to enter into and upon the premises where the Election Equipment is
located.
Upon reasonable notice, County shall have the right to enter into and upon the
premises where the Election Equipment is located for the purposes of inspecting the
Election Equipment or observing its use. On an annual basis, during the term of this
Agreement, City shall comply with County’s request for verification of Election
Equipment inventory.
Upon the express written permission of County’s Election Manager, or her/his
designee, City may sub‐license Election Equipment to a school district within City’s
territorial boundaries. Said sub‐license shall be made pursuant to a written agreement,
between City and the school district and shall include substantially the same terms as
those contained herein.
3. OWNERSHIP
County represents and warrants and City acknowledges and agrees that County is duly
authorized to grant the license herein exclusively for use by City in its official elections.
Pursuant thereto, use of the Election Equipment for any other purpose other than that
authorized herein is strictly prohibited absent express written consent of County.
City acknowledges and agrees that the Election Equipment may contain proprietary and
trade secret information that is owned by a third party and is protected under state and
federal patent, copyright law or other laws, rules, regulations and decisions. City shall
protect and maintain the proprietary and trade secret status of the Election Equipment.
4. DISCLAIMER, LIABILITY AND LIMITATION OF LIABILITY
COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE
ELECTION EQUIPMENT ON AN AS‐IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS
NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR
USE, NO WARRANTY OF NON‐INFRINGEMENT, NO WARRANTY REGARDING THE USE OF
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THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED.
CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE
DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR
CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THAT THE DATA SOURCE/SYSTEM WILL
BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND
CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA
SOURCE/SYSTEM IS FREE OF HARMFUL CODE.
IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR
ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF COUNTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND CITY’S
SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LIABILITY FOR ELECTION EQUIPMENT
NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR
CORRECTING THE ELECTION EQUIPMENT TO THE EXTENT AND DEGREE COUNTY IS
CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE
PERTINENT CIRCUMSTANCES.
Subject to the foregoing limitation of liability and to the provisions (below) regarding
responsibility for the costs related to lost, stolen, destroyed or damaged Election
Equipment, each party shall be responsible for their own acts and omissions and the
results thereof to the extent authorized by law. The parties are not agreeing, in any
manner whatsoever, to be responsible for the acts or omissions of the other party. As
applicable, County’s liability is governed by the provisions of Minnesota Statutes,
Chapter 466 and City’s liability is governed by the provisions of
____________________________. The statutory limits of liability for the parties may
not be added together or stacked to increase the maximum amount of liability for either
or both parties.
5. ROYALTY FREE LICENSE ‐ OTHER COSTS
Except as expressly set forth below, City shall not pay County any amount for the license
granted herein.
City shall be responsible for the cost and expense of Election Equipment delivery from
and to a location as directed by County.
Except for routine wear and tear resulting from use in conformance with the terms
herein, City shall be responsible for and shall pay all costs, including but not limited to
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shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or
damaged Election Equipment.
Upon expiration or termination of this Agreement for any reason, City shall, at City’s
sole cost and expense, deliver, or have delivered, the Election Equipment to County or
its designee, complete and in good order and working condition, except with respect to
Election Equipment with defects attributable to County’s vendor or supplier.
6. TERMINATION
This Agreement may be terminated by either party upon seven (7) day written notice to
the other. Termination of this Agreement by either party and for any reason shall not
relieve City of any duties or obligations hereunder including but not limited to the
obligation to safely and securely return and deliver the Election Equipment as set forth
above.
7. DATA PRACTICES
The parties, their officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
which may include the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
8. ADDITIONAL PROVISIONS
The parties shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted including but not limited to the
MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section
471.425, subd. 4a and, as applicable, COUNTY’s Affirmative Action Policy.
No delay or omission by either party hereto to exercise any right or power occurring
upon any noncompliance or default by the other party with respect to any of the terms
of this Agreement shall impair any such right or power or be construed to be a waiver
thereof unless the same is consented to in writing. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be observed by the other
shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained. All remedies provided for in this
Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies
available to either party at law, in equity, or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
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It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof. Except as expressly provided
herein, any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
City shall not assign, sublicense or transfer this Agreement or the rights, duties and
obligations herein, either in whole or in part, without the prior written consent of
County, and any attempt to do so shall be void and of no force and effect.
It is expressly understood and agreed that the obligations and warranties of City and
County hereof shall survive the completion of performance and termination or
cancellation of this Agreement.
THE REMAINDER OF THIS PAGE IS BLANK.
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APPROVAL
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney’s Office
By:
County Administrator
Date:
Date:
CONTRACTOR
CONTRACTOR warrants that the person who
executed this Agreement is authorized to do so on
behalf of CONTRACTOR as required by applicable
articles, bylaws, resolutions or ordinances*.
CITY OF ST ANTHONY
Printed Name:
Printed Title:
Date:
102
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-044
A RESOLUTION AUTHORIZING THE AGREEMENT WITH HENNEPIN COUNTY
FOR THE USE OF E-POLL PADS
WHEREAS, Hennepin County has purchased electronic poll books from KNOWiNK for the
cities to use; and
WHEREAS, Hennepin County has assigned eight electronic poll books for the City of Saint
Anthony Village to use at no cost; and
WHEREAS, the term of this agreement is from June 6, 2016 through February 28, 2023; and
WHEREAS, the City of Saint Anthony Village will begin using the E-Poll Pads starting with
the Primary Election August 9, 2016; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony
Village hereby authorizes the agreement with Hennepin County for the use of E-Poll Pads.
Adopted this 10th day of May, 2016.
______________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _____________________________________
Mark Casey, City Manager
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Date Type Staff Present
May 17 Special
4:00 pm Tour of the City
City Council
City Manager
Department Heads
May 24 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
Public Hearing-Mirror Lake Water Level
Solar Garden Subscription Agreement
City Council
City Manager
City Engineer
May 31 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
May 31 Special
7:00 p.m.Worksession City Council
City Manager
June 14 Regular
Planning Commission Items from May
Order Feasibility Report for 2017 Street Project
Award Contract for Construction for the Highway Safety Improvement Program (HSIP)
City Council
City Manager
City Engineer
June 28 Regular
Audit Presentation
Debt Levy Presentation City Council
City Manager
Finance Director
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
VillageFest Presentation
Comp Plan Update
City Council
City Manager
July 26 Regular
Night to Unite Presentation
Night to Unite Proclamation
Approval of Advanced Oxidation Plant Advertisement of Bids
City Council
City Manager
Police Chief
August 1 Special
5:30 p.m.Worksession City Council
City Manager
August 2 Special Night to Unite
City Council
City Manager
August 9 Regular State Primary Election
August 9 Regular
8:00 p.m.
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
FUTURE COUNCIL AGENDA ITEMS
2016
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
August 23 Regular
Budget Presentation
New Police Chief, Captain and Sergeants Presentation
Award Advanced Oxidation Plant Construction Contract
City Council
City Manager
Finance Director
August 30 Special
5:30 p.m.Joint Meeting with School Board
City Council
City Manager
August 30 Special
7:00 p.m.Worksession
City Council
City Manager
September 13 Regular
Planning Commission items from August
2017 Preliminary Operating Budget and Levy-Public Hearing
2017 Street Project Accept Feasiblity Report, Order Plans and Specifications
Liquor Operations Mid Year Report
City Council
City Manager
Finance Director
Liquor Op Mgr
September 27 Regular
Fire Prevention Presentation
Kiwanis Peanut Day
City Council
City Manager
Fire Dept
October 3 Special
5:30 p.m.Worksession City Council
City Manager
October 11 Regular
Planning Commission items from September
Quarterly Donations & Grants
Certification of Delinquent Accounts
City Council
City Manager
October 25 Regular Quarterly Goals Update
Ordinance Setting Fees for 2016 - 1st Reading-Public Hearing
City Council
City Manager
October 31 Special
5:30 p.m.Worksession City Council
City Manager
November 8 Regular 2016 General Election
City Council
City Manager
November 8 Regular
8:00 pm Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing
City Council
City Manager
November 22 Regular
Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading
Fire Prevention Poster Winners
Tree Care Ordinance
City Council
City Manager
Finance Director
Police Dept
Fire Dept
November 29 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
November 29 Special
7:00 p.m.Worksession City Council
City Manager
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2017 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Ordinance Setting the Water& Sewer Rates for 2017 - final reading
2017 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
2017 Fee Schedule
City Council
City Manager
Finance Director
December 27 Regular
City Council
City Manager
January 10 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 19 & 20 Special Goal Setting
City Council
City Manager
Department Heads
January 24 Regular
2017 Parks Commission Work Plan- (motion only)
2017 Planning Commission Work Plan-(motion only)
Presentation-Northeast Youth and Family Services
Northeast Youth and Family Services Agreement
City Council
City Manager
February 14 Regular
Planning Commission items from January
Administration Annual Report
2017 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 28 Regular City Council
City Manager
March 14 Regular
Fire Relief Ratifying Pension Benefit
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
2017 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
2017 Strategic Plan (motion only)
Liquor License Renewals
GreenCorp Member application-resolution
City Council
City Manager
Fire Dept
Liquor Op Manager
2017
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
March 28 Regular
Public Works Annual Report
Police Annual Report
2017 Street Project Call for Sale of Bonds
City Council
City Manager
Public Works Director
Police Dept
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Finance Annual Report
City Council
City Manager
Finance Director
April 25 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Public Hearing-Budget Calendar
Spirit of St. Anthony Award
City Council
City Manager
Finance Director
May 9 Regular 2017 Street Project Bond Sale and Award of Bonds City Council
City Manager
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