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If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
The meeting can be viewed live via cable channel 16 in the North Suburbs or the web broadcast at
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encourage use of virtual option by using this link: https://www.savmn.com/Calendar.aspx?EID=1211
There is also a dial-in option available. Members of the public who wish to attend the meeting may do so in
person.
For those not in attendance, If you wish to submit a comment or question, electronically submit your comments
at http://www.savmn.com/FormCenter/Public-Comments-for-City-Meetings-conduc-20/Public-Comments-for-
City-Council-Meeting-91 no later than 5:30 pm on the day of the City Council meeting.
Following guidance from state health officials, some City Council Members may choose to participate in
upcoming meetings electronically pursuant to MN Stat. §13D.021.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I.Approval of the April 27, 2021, City Council Meeting Agenda. (action requested.)
II.Proclamations and Recognitions.
A.Presentation from Nine North’s Executive Director, Dana Healy. (pp.1-9)
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 13, 2021, City Council meeting minutes. (pp.11-17)
B.Licenses and Permits. (pp.19)
C.Claims. (pp.21-23)
IV.Public Hearing.
2021 Street and Utility Improvement Project (pp.25-41)
A.Resolution 21-042 a resolution Ordering Improvements for the 2021 Street and Utility
Improvements. Justin Messner, City Engineer presenting. (pp.37)
B.Resolution 21-043 a resolution Adopting and Confirming Assessments for the 2021 Street and
Utility Improvements. Justin Messner, City Engineer presenting. (pp.39-40)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
APRIL 27, 2021
7:00 p.m.
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
C. Resolution 21-044 a resolution Awarding a Bid for the 2021 Street and Utility Improvements. Justin
Messner, City Engineer presenting. (pp.41)
D. Resolution 21-045 a resolution authorizing issuance, awarding sale, prescribing the form and details
and providing for the payment of $3,100,000 General Obligation Street Reconstruction Bonds Series
2021A. Stacie Kvilvang, Ehlers & Associate’s presenting. (pp.43-73)
V. Reports from Commission and Staff
VI. General Business of Council.
A. Ordinance 2021-02 an ordinance amending Chapter 152 or the St. Anthony city code, as it relates to
accessory buildings requirements, uses and definitions. Steve Grittman City Planner presenting.
(pp.75-93)
B. Resolution 21-046 a resolution approving a summary publication of Ordinance 2021-02. Charlie
Yunker City Manager presenting (pp.95)
C. Presentation of Body Worn Camera Audit, Jeff Spiess, Police Captain presenting. (pp.97-106)
D. Resolution 21-047 a resolution approving the special event permit for Prom hosted by St. Anthony
Village High School at the tennis courts May 15, 2021, 12 pm to 11 pm. Charlie Yunker, City
Manager presenting. (pp.107-113)
VII. Reports from City Manager and Council members.
VIII. Community Forum
Individuals may address the City Council about any City business 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.
IX. Information and Announcements
X. Adjournment
22020 Look Back: St. Anthony Municipal Production | Video ProductionWeb-streaming | Social Media | Virtual Eventswww.NineNorth.orgPPoints of Discussion•Knowing Us•Measuring Up•Adding Value•Moving Forward1
KKnowing Us – Mission FocusedWe Produce Community FocusedDigital Media to Educate and EngageKKnowing Us – Milestones2
KKnowing Us – Milestones•Zoom Installs•Compass Programs•Annual ReportKKnowing Us – Core ServicesMunicipalMeetingCoverageWebStreamingCable PlaybackVideoProductionVirtual EventsSocialMedia3
WWhat Your City Paid for - 202040 City MeetingsQuarterly Report~COVID-19728CablePlay Backs48 Web StreamEvents3,238 Meeting Views~2,132 Landing Page ViewsSocialMediaMeasuring Up – The Stats100%22%33%9999%115City-Specific Posts Shared~Reached 38,250People in 20204
MMeasuring Up – Zoom Install DetailsMar 17th2020First Pandemic-related City Meeting Cancelation Apr 14th, 2020April 10thTesting EquipmentApril 14thZoom TrainingZoom-ready and Operational28 DaysqApr 8thEquipmentInstallAAdding Value - OverviewSoftwareAccess toHardwareExpertiseContent5
AAdding ValueAccess toHardwareAAdding ValueSoftwareCassandarValue Closed CaptioningWowzaValue Zoom $10,000$660$720Varies6
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CCity Chamber AAuditMMoving Forward•Maximize Quarterly Reports and Neighborhood Network•Be a Guest on Cities Speak•Sign Up for the E-Blast•Sit Down with Team to Identify Video Opportunities8
ContactDana HealyDhealy@ninenorth.orgWebsite –www.NineNorth.orgFacebook - @ninenorthInstagram - @ninenorthmediaLinkedIn – NinenorthTwitter - @ninenorth9
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10
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
APRIL 13, 2021 3
4
CALL TO ORDER. 5
6
Mayor Stille called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Stille, Councilmembers Jenson, Walker and Webster. 15
Absent: Councilmember Randle 16
Also Present: City Manager Charlie Yunker; Bob Kirmis, Northwest Associated Consultants, Inc; 17
and Fire Chief Mark Sitarz 18
19
20
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21
ITEMS. 22
23
I. APPROVAL OF APRIL 13, 2021 CITY COUNCIL MEETING AGENDA. 24
25
Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the City 26
Council Meeting Agenda of April 13, 2021 as presented. 27
Motion carried 4-0. 28
29
II. PROCLAMATIONS AND RECOGNITIONS – NONE. 30
31
III. CONSENT AGENDA. 32
33
A. Approve March 23, 2021, Council meeting minutes. 34
B. Licenses and permits. 35
C. Claims. 36
D. Resolution 21-035 a resolution to approve a request to keep six female chickens in an R-1 37
zoning district at 3401 Croft Drive. 38
E. Resolution 21-036 a resolution accepting donations and grants received in the 1st quarter 39
of 2021. 40
F. Resolution 21-037 a resolution approving Municipal Fiber Ownership, Use, and Access 41
agreement with Arvig Enterprises Inc. 42
G. Arbor Day Proclamation 43
H. Earth Day Proclamation 44
45
Motion by Councilmember Jenson, seconded by Councilmember Webster, to approve the 46
Consent Agenda items. 47
Motion carried 4-0. 48
49
11
City Council Regular Meeting Minutes
April 13, 2021
Page 2
IV. PUBLIC HEARING 1
2
A. Resolution 21-038; a Resolution approving the liquor license for Steele and Hops. 3
4
Mayor Stille opened the public hearing at 7:05 p.m. 5
6
City Manager Yunker reviewed Council is requested to review a resolution to approve an On-7
Sale Intoxicating Liquor License for Steele & Hops located at 2800 39th Avenue NE. The City 8
limits the number of on-sale intoxicating liquor licenses, at any one time and there shall not be 9
more than four on-sale intoxicating liquor licenses issued by the City. Currently there are two 10
establishments with this type of liquor license. On February 26, 2020 Steele & Hops came 11
before the City Council for approval of an On-Sale Intoxication Liquor License, which was 12
approved. Due to COVID the opening of the restaurant was delayed until now. Staff has 13
completed background checks, and staff is recommending approving the On-site Intoxicating 14
Liquor License. 15
16
Councilmember Jenson asked when Steele and Hops would be open. Mr. Kinsella, applicant, 17
stated they have been under construction for 4 weeks. Things were stopped due to COVID for 6 18
months. All original investors came back to finance the project. This site has great exposure to 19
Silver Lake Road. It is in the old Applebee’s site. Information is available on Facebook under 20
Steele and Hops. They are scheduled to open May 15 – May 30, 2021 with restrictions. 21
22
Mayor Stille stated he visited his other Tamarack restaurant and it was packed. Mayor Stille 23
stated they are happy to have Steele & Hops in the City. The new development across the street 24
should benefit the restaurant. Mr. Kinsella stated they are starting the hiring process now and 25
most would be from St. Anthony. They would be having 35-40 jobs. 26
27
Councilmember Walker asked if the application is on the website now and Mr. Kinsella stated it 28
is on the Facebook page and should be on the website soon. 29
30
Mayor Stille closed the public hearing at 7:12 p.m. 31
32
Motion by Councilmember Webster, seconded by Councilmember Walker, to adopt Resolution 33
21-038; a Resolution approving the on-sale intoxicating liquor license for Steele and Hops 34
located at 2800 39th Avenue NE. 35
Motion carried 4-0. 36
37
38
V. REPORTS FROM COMMISSION AND STAFF . 39
40
A. Resolution 21-039; a Resolution approving a request for a Final Plan stage PUD, for the 41
Saint Anthony Village Senior Housing project by Development 65, a multi-family 42
residential project of up to 135 dwelling units at 2501 Lowry Avenue NE. 43
44
12
City Council Regular Meeting Minutes
April 13, 2021
Page 3
Mr. Bob Kirmis reviewed the Final Plan PUD which will contain 135 dwelling units known as 1
aging in place units. The principal areas of flexibility which have been requested under the PUD 2
include: 3
1. Building height (code is 35 feet/3 stories); applicant proposes approximately 56 feet to top of 4
parapet and 4 stories. 5
2. Lot coverage/impervious surface (R-4 code limits this to 50%); applicant’s proposal is 6
approximately 50.5%. 7
3. Density (R-4 code limits this to approximately 24 units per acre, Comprehensive Plan calls 8
for 20-40 units per acre); applicant is proposing just under 32 units per acre. 9
10
The site plan relies on a shared driveway with the Urban Grove Manufactured Home Park, 11
extending from the east side of the building to Kenzie Terrace on the south. That shared 12
driveway (approximately .5 acres in area), would have the effect of reducing overall density to 13
approximately 28 units per acre if included in the subject property total. 14
15
Mr. Kirmis reviewed the landscaping and screening plan. The center drive lane has been 16
eliminated and was replaced with sidewalks. No changes have been proposed to the building 17
elevations. 18
19
Staff has reviewed the project for land use compliance with the intent and policies of the City’s 20
Comprehensive Plan, and for zoning consistency with the R-4, Multiple Family Residential 21
District as a baseline. The Comprehensive Plan promotes use of the subject property for high 22
density multiple family residential uses of up to 40 units per acre as allowable in this area. The 23
applicant is seeking the PUD, consisting of 135 units of “aging-in-place” senior housing on 4.25 24
acres, a density of 31.8 units per acre. 25
26
The final Plan PUD does not require a separate Planning Commission review or public hearing 27
and proceeds directly to the City Council for consideration. 28
29
The City Council approved the Preliminary Plan PUD at their February 9, 2021 meeting. Since 30
the approval, the applicant has submitted updated exterior plans, reflecting consistency with the 31
requirements of the Preliminary PUD approval. The standard of review for Final Plan 32
consideration is whether the proposed Final Plan submittals comply with the terms of the 33
Preliminary Plan approval. Staff believes that those conditions have been met, pending final plan 34
checks prior to permitting. Staff recommends adoption of the Development 65 PUD Zoning 35
District and approval of the Final Plan PUD with the noted condition. 36
37
Final verification of compliance with the terms noted herein and execution of the PUD 38
development agreement. Substantive changes will require additional review, including 39
reconsideration by City Council. This recommendation is based on a finding that the proposal 40
with the conditions cited, is consistent with the requirements for PUD consideration, with the 41
long-term objectives of the recommendations and policies of the St. Anthony Comprehensive 42
Plan. 43
44
Mayor Stille stated this project has met the conditions that have been expressed during the 45
process. Mr. Kirmis stated the development agreement is still in draft form. 46
13
City Council Regular Meeting Minutes
April 13, 2021
Page 4
1
Councilmember Jenson stated this proposal is very similar to previous proposals. This is a good 2
development going forward and he is in favor of the project. 3
4
Motion by Councilmember Jenson, seconded by Councilmember Walker, to adopt Resolution 5
21-039; a Resolution approving a request for a Final Plan stage PUD, for the St. Anthony Village 6
Senior Housing project by Development 65, a multi-family residential project of up to 135 7
dwelling units at 2501 Lowry Avenue NE subject to the noted conditions. 8
9
Motion carried 4-0. 10
11
B. Ordinance 2021-01; an Ordinance amending Title XV of the St. Anthony City Code, 12
known as the zoning ordinance, by establishing the Development 65 PUD district and 13
rezoning the following parcel to said district. 14
15
Motion by Councilmember Walker, seconded by Councilmember Jenson, to adopt Ordinance 16
2021-01; an Ordinance amending Title XV of the St. Anthony City Code, known as the zoning 17
ordinance, by establishing the Development 65 PUD district and rezoning the following parcel to 18
said district. 19
20
Motion carried 4-0. 21
22
VI. GENERAL BUSINESS OF COUNCIL. 23
24
A. Resolution 21-040; a Resolution approving the special event permit for a car wash hosted 25
by St. Anthony Girls Golf in the Community Center parking lot April 24, 2021, 10 a.m. 26
to 2 p.m. 27
28
Mr. Mike Sholl, Applicant, reviewed the request. He was wanting to include a small food drive 29
at the same time as the car wash. City Manager Charlie Yunker reviewed City Council is 30
requested to consider a resolution to approve a special event permit request from St. Anthony 31
Girls Golf in the Community Center parking lot on April 24, 2021 from 10:00 a.m. to 2:00 p.m. 32
The special event permit is for the use of City property. The inclusion of a small food drive can 33
be included. 34
35
Staff has created a special events permit to facilitate gathering event information, department 36
head reviews of event and staff recommendations to the City Council. The special event permit is 37
used if the event fits one or more of the following criteria: 38
• Expected attendance of more than 100 people and open to the general public. 39
• Event is requesting the use of city property and/or street closures. 40
• There will be amplified or pre-recorded music. 41
• There will be the sale of alcoholic beverages. 42
43
Staff has reviewed the request and recommends approval. 44
45
14
City Council Regular Meeting Minutes
April 13, 2021
Page 5
Councilmember Jenson asked if there were any considerations for COVID restrictions for this 1
event. Mr. Yunker stated given the number of people that would be at the car wash at any one 2
time the risk is low. 3
4
Motion by Councilmember Jenson, seconded by Councilmember Walker, to adopt Resolution 5
21-040; a Resolution approving the special event permit for a car wash hosted by St. Anthony 6
Girls Golf in the community center parking lot April 24, 2021, 10:00 a.m. to 2:00 p.m. 7
8
Motion carried 4-0. 9
10
B. St. Anthony Fire Department Annual Report. 11
12
Fire Chief Mark Sitarz presented a power point presentation for the St. Anthony Fire Department 13
2020 Annual Report. Organizational charts were provided showing the Divisions of the Fire 14
Department and members. There are 24 Active Firefighters, 5 Current Rookies and 2 part-time 15
Code and Rental Inspectors. Chief Sitarz presented some photographs of calls during 2020. His 16
presentation included Total Calls for Service (1553 in 2020), Call Breakdown (Medical Calls – 17
74.37% and Fire/Other – 25.63%), Dollars Lost Due to Fires, Fire Investigations, Operations 18
Summary, Training (135 hours per Firefighter Average in 2020), Fire Inspections (144 19
performed), Fire Marshal (Chris Fuller – 200 hours in 2020), Fire Prevention/Public Education, 20
Code Enforcement – Housing (337 complaints), Code Enforcement – Rentals (189 rental/re-21
inspections), and Emergency Management. The Annual Report for the Fire Department can also 22
be found on the City website. 23
24
Councilmember Walker thanked the Fire Department for their work. He attended a public 25
education session and he did the fitness test which was very interesting. 26
27
Councilmember Jenson stated that the St. Anthony Fire Department is Best in Class. 28
Councilmember Jenson asked about the Code Enforcement Inspections and whether they were 29
violations or just inspections. Chief Sitarz stated those were violations. 30
31
Councilmember Webster thanked Chief Sitarz for his report and noted the Leadership is great. It 32
is clear there are strong values practiced in the Fire Department. During COVID when people 33
were working from home the Fire Department continued to go into homes safely which showed 34
the team willingness to serve. 35
36
Chief Sitarz stated he appreciates the support from City Staff and City Council. Mayor Stille 37
stated there is a great deal of trust on both sides. Mayor Stille stated the Annual Report is 38
detailed and a very good read. Mayor Stille encouraged the residents to go online and read both 39
the Police Department and Fire Department reports. 40
41
C. Resolution 21-041; a Resolution approving the agreement with Ramsey County for 42
election services 2021-2026 43
44
City Manager Charlie Yunker reviewed currently St. Anthony contracts with Ramsey County for 45
election services. City Council is requested to consider an agreement between Ramsey County, 46
15
City Council Regular Meeting Minutes
April 13, 2021
Page 6
St. Anthony-New Brighton School District and the City of St. Anthony for Elections Services in 1
2021 – 2026. Staff is recommending approval. 2
3
Ramsey County would now handle all in person absentee voting. Ramsey County will provide in 4
person absentee voting locations for St. Anthony voters. The significant change for residents 5
will be in-person absentee voting will no longer occur at City Hall. Voters will still have the 6
same options for voting, including voting absentee by mail, voting in person absentee at a 7
Ramsey County early voting center, and voting on election day at their St. Anthony voting 8
precinct. The cost for 2021 through 2022 would be $57,960 for the City share and $3,845.33 for 9
the School District share. Ramsey County is standardizing the contract for all Cities. Absentee 10
voting would be held at the New Brighton Community Center. The City always has the option 11
of exiting the contract. 12
13
Councilmember Jenson stated he was surprised about the division of the cost and asked why the 14
School District would have a share. Mr. Yunker stated the City assists with School Board 15
elections. 16
17
Mayor Stille stated he believes the division of cost is not appropriate and asked Staff to look at 18
that to see if it is equitable. 19
20
Motion by Councilmember Walker, seconded by Councilmember Webster, to adopt Resolution 21
21-041; a Resolution approving the agreement with Ramsey County for election services 2021-22
2026. 23
24
Motion carried 4-0. 25
26
D. 1st Quarter Goals Update. 27
28
City Manager Charlie Yunker provided an update on the St. Anthony Goals Chart 2021 Strategic 29
Initiatives in detail along with a written update. 30
31
Councilmember Webster thanked Mr. Yunker for his overview. She asked if a report to the 32
Council on the GARE initiatives could be made. 33
34
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 35
36
City Manager Yunker stated May 1, 2021 will be clean-up day within the City from 9:00 a.m. – 37
12:00 p.m. The Council had approved a Joint Powers Agreement with Metro High Net and Mr. 38
Yunker is part of the executive board for that entity. 39
40
Councilmember Webster had no report. 41
42
Councilmember Walker stated he was asked to speak at Faith United Methodist Church on 43
March 28, 2021. The topic was Racial Justice in St. Anthony. 44
45
16
City Council Regular Meeting Minutes
April 13, 2021
Page 7
Councilmember Jenson stated on March 30, 2021, he attended the City Council – School Board 1
Joint Meeting. On April 9, he attended the Ramsey County Local League of Governments 2
monthly program meeting “What’s Next For Our Schools” and Executive Board Meeting. On 3
April 12, he attended the Metro Cities Ad Hoc Race and Equity Committee. He attended today’s 4
City C ouncil Work Session. 5
6
Mayor Stille stated on April 12, 2021, he attended the Regional Council of Mayors Meeting. 7
8
VIII. COMMUNITY FORUM. 9
10
Mayor Stille invited residents to come forward at this time and address the Council on items that 11
are not on the regular agenda. 12
13
Mr. Yunker read an email from Erik Michaelson, 2917 Armor Terrace, regarding the police 14
killing of Daunte Wright and others and police accountability. Mr. Yunker read the email in full. 15
16
IX. INFORMATION AND ANNOUNCEMENTS 17
18
Mayor Stille noted St. Anthony is 82nd in the Mayor’s Water Challenge in the nation. 19
20
X. ADJOURNMENT. 21
22
Mayor Stille adjourned the meeting at 8:20 p.m. 23
24
25
Respectfully submitted, 26
Debbie Wolfe 27
TimeSaver Off Site Secretarial, Inc. 28
29
Mayor 30
ATTEST: 31
City Clerk 32
33
17
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18
Saint Anthony Village
DATE: April 27, 2021 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Arbor Tree Service, Brooklyn Park, MN
Stratford Sign, Stratford, WI
Mechanical Licenses:
Avid Heating & Cooling, Minnetrista, MN
Friendly Heating & A/C, Rogers, MN
Residential Rental Licenses:
Applicant: Erich Young
Location: 2921 31st Ave NE
Applicant: Value Homes
Location: 3640 – 3642 Roosevelt St NE
19
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20
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 4/16/2021 - 4/28/2021 Apr 22, 2021 08:20AM
Vendor Number Payee Check Number Check Issue Date Amount
11809 CITY OF ST. ANTHONY SUNSHINE FUND 43801 04/16/2021 608.00
10710 ICMA RETIREMENT TRUST 43802 04/16/2021 1,470.00
11813 NCPERS GROUP LIFE INSURANCE 43803 04/16/2021 32.00
11808 SAPD ASSOCIATION 43804 04/16/2021 414.00
12077 SUN LIFE FINANCIAL 43805 04/16/2021 870.10
12760 10322006 SSI MN TRANCHE 1 (FD)43806 04/28/2021 932.78
1118 56 BREWING 43807 04/28/2021 532.00
2040 A& E DISTRIBUTING 43808 04/28/2021 166.00
10039 AIRGAS USA LLC 43809 04/28/2021 70.27
1122 AM CRAFTS SPIRITS 43810 04/28/2021 343.24
1100 ARTISIAN BEER COMPANY 43811 04/28/2021 11,245.70
13035 AXTELL, NATHAN 43812 04/28/2021 205.01
2030 BALD MAN BREWING 43813 04/28/2021 211.80
1013 BELLBOY CORPORATION 43814 04/28/2021 5,136.95
1014 BELLBOY CORPORATION 43815 04/28/2021 466.85
2009 BLACK STACK BREWING 43816 04/28/2021 1,019.00
1029 BOOM ISLAND BREWING COMPANY LLC 43817 04/28/2021 222.25
8544 BOURGET IMPORTS 43818 04/28/2021 399.00
1018 BREAKTHRU BEVERAGE MN BEER 43819 04/28/2021 21,936.44
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 43820 04/28/2021 12,843.02
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 43821 04/28/2021 3,594.83
13028 CALDWELL, MICHAEL 43822 04/28/2021 88.72
1017 CAPITOL BEVERAGE SALES 43823 04/28/2021 12,531.12
10252 CENTERPOINT ENERGY 43824 04/28/2021 8,534.71
10263 CENTURYLINK 43825 04/28/2021 681.64
12596 CINTAS 43826 04/28/2021 918.86
10290 CITY OF NEW BRIGHTON 43827 04/28/2021 150.00
10307 CIVIC SYSTEMS, LLC 43828 04/28/2021 4,000.00
1010 CLEAR RIVER BEVERAGE COMPANY 43829 04/28/2021 3,285.00
10332 COMPTON'S COMMERCIAL CLNG. INC 43830 04/28/2021 4,228.00
12561 CORE & MAIN LP 43831 04/28/2021 112.71
1042 CRYSTAL SPRINGS ICE 43832 04/28/2021 346.14
10373 DAILEY DATA & ASSOCIATES 43833 04/28/2021 136.07
10375 DALCO 43834 04/28/2021 136.42
13033 ECKERT, DENNIS 43835 04/28/2021 159.29
10461 EHLERS & ASSOCIATES, INC.43836 04/28/2021 10,850.00
10473 EMERGENCY APPARATUS 43837 04/28/2021 2,624.74
2036 FALLING KNIFE BREWING CO 43838 04/28/2021 300.00
10508 FERGUSON WATERWORKS 43839 04/28/2021 140.00
10526 FLEETPRIDE 43840 04/28/2021 105.87
10578 GOPHER STATE ONE CALL 43841 04/28/2021 50.00
1021 GREAT LAKES COCA COLA 43842 04/28/2021 987.90
10601 GROVE NURSERY 43843 04/28/2021 26.80
13031 HAIK, CHUCK 43844 04/28/2021 26.97
10642 HENN CNTY INFO TECH DEPT 43845 04/28/2021 5,417.84
10681 HIRSHFIELD'S INC 43846 04/28/2021 24.48
1019 HOHENSTEIN'S, INC 43847 04/28/2021 12,032.90
1027 INDEED BREWING COMPANY 43848 04/28/2021 262.00
10733 INSTRUMENTAL RESEARCH, INC.43849 04/28/2021 100.00
11754 INTEGRATED LOSS CONTROL, INC.43850 04/28/2021 617.00
1016 JJ TAYLOR DISTRIBUTING 43851 04/28/2021 23,898.80
1102 JOHNSON BROTHERS 43852 04/28/2021 8,200.88
1004 JOHNSON BROTHERS LIQUOR COMPANY.43853 04/28/2021 1,452.85
21
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 4/16/2021 - 4/28/2021 Apr 22, 2021 08:20AM
Vendor Number Payee Check Number Check Issue Date Amount
1005 JOHNSON BROTHERS LIQUOR COMPANY.43854 04/28/2021 12,271.20
1006 JOHNSON BROTHERS LIQUOR COMPANY.43855 04/28/2021 10,265.61
1044 JOHNSON BROTHERS LIQUOR COMPANY.43856 04/28/2021 14,523.92
11830 JOHNSTON, BILL 43857 04/28/2021 125.00
13024 KARELSON/EVI 43858 04/28/2021 14.77
13036 KINSEY, BARRY 43859 04/28/2021 405.00
10797 KONICA MINOLTA BUSINESS 43860 04/28/2021 264.22
2028 LADONA CERVECERIA 43861 04/28/2021 148.00
2010 LUPULIN BREWING 43862 04/28/2021 1,442.80
13023 LYNN LEMBCKE CONSULTING 43863 04/28/2021 1,000.00
1125 MAVERICK (NEGOCE)43864 04/28/2021 380.46
2029 MEGA BEER 43865 04/28/2021 1,307.67
12940 MINNEHAHA BLDG MAINTENANCE 43866 04/28/2021 43.00
11965 MINNESOTA POLLUTION CONTROL AGENCY 43867 04/28/2021 23.00
2006 MODIST BREWING COMPANY 43868 04/28/2021 839.25
13026 MOSSAIE, NEIL 43869 04/28/2021 42.69
1051 NEW FRANCE WINE COMPANY 43870 04/28/2021 766.00
12778 NORTHWEST ASSOCIATED CONSULTANTS INC 43871 04/28/2021 9,104.80
11163 OFFICE DEPOT 43872 04/28/2021 396.43
12779 OPTION ONE MECHANICAL LLC 43873 04/28/2021 28,932.00
12112 OREILLY AUTO PARTS 43874 04/28/2021 24.42
1012 PAUSTIS & SONS 43875 04/28/2021 3,125.50
13030 PAYNE, KATHRYN & DANIEL 43876 04/28/2021 161.27
2034 PEQUOD DISTRIBUTION 43877 04/28/2021 2,200.00
1001 PHILLIPS WINE & SPIRITS 43878 04/28/2021 6,505.51
1002 PHILLIPS WINE & SPIRITS 43879 04/28/2021 6,491.56
12214 POPE DOUGLAS SOLID WASTE MGMT 43880 04/28/2021 198.90
2019 PRYES BREWING COMPANY 43881 04/28/2021 483.00
13027 PUCHTELL, DAVID & DARCI 43882 04/28/2021 55.06
1062 RED BULL DISTRIBUTION COMPANY 43883 04/28/2021 320.50
11345 ROSEVILLE CHRYSLER DODGE 43884 04/28/2021 627.38
13034 RUSNACKO, JOHN 43885 04/28/2021 127.45
2018 SMALL LOT WINES 43886 04/28/2021 927.42
1024 SOUTHERN GLAZER'S OF MN 43887 04/28/2021 18,709.04
1008 SOUTHERN GLAZER'S OF MN 43888 04/28/2021 4,088.54
1026 SOUTHERN GLAZER'S OF MN 43889 04/28/2021 18,876.75
1036 SOUTHERN GLAZER'S OF MN 43890 04/28/2021 550.40
11457 ST ANTHONY VILLAGE CENTER, LLC 43891 04/28/2021 2,506.36
2035 STACKED DECK BREWING CO 43892 04/28/2021 768.00
11478 STAR TRIBUNE 43893 04/28/2021 356.32
11502 STREICHER'S 43894 04/28/2021 14,933.85
12956 TECHACUMEN 43895 04/28/2021 4,593.75
11552 TESSMAN SEED INC.43896 04/28/2021 35.80
12702 TOKLE INSPECTIONS INC 43897 04/28/2021 1,804.80
1098 TRADITION WINE & SPIRITS 43898 04/28/2021 165.00
13032 TRAN, SANG 43899 04/28/2021 119.86
11819 TRUE NORTH ELECTRIC 43900 04/28/2021 2,112.50
11626 U.S. BANK (PURCHASING CARD)43901 04/28/2021 2,884.46
11637 UNITED ELECTRIC COMPANY 43902 04/28/2021 80.64
12776 USS MINNESOTA ONE MT LLC (CH)43903 04/28/2021 5,683.12
11674 VERIZON WIRELESS 43904 04/28/2021 119.66
11681 VIKING ELECTRIC SUPPLY INC 43905 04/28/2021 26.68
1025 VINOCOPIA 43906 04/28/2021 987.50
22
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 4/16/2021 - 4/28/2021 Apr 22, 2021 08:20AM
Vendor Number Payee Check Number Check Issue Date Amount
13029 WASNICK, STEVEN 43907 04/28/2021 39.60
1034 WINE COMPANY/THE 43908 04/28/2021 916.55
1038 WINE MERCHANTS INC 43909 04/28/2021 2,673.22
1032 WINEBOW 43910 04/28/2021 1,084.00
11704 WM CORPORATE SERVICES INC 43911 04/28/2021 682.02
11740 XCEL ENERGY 43912 04/28/2021 23,901.10
Grand Totals: 377,390.26
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K:\015900-000\Admin\Resolutions\LTR-hmcc-041621.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM April 16, 2021
Honorable Mayor, City Council and Staff
c/o Charlie Yunker, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: 2021 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 015900-000
Dear Honorable Mayor, City Council, and Staff:
Following this letter are three (3) resolutions for your consideration at the April 27, 2021, City Council
Meeting.
A Resolution Ordering Improvements for the 2021 Street and Utility Improvements
This resolution states that the Council has completed the public hearing process and orders the project
to be completed.
A Resolution Adopting and Confirming Assessments for the 2021 Street and Utility
Improvements
Included in the Council packet are the assessments that have been calculated in accordance with the
City’s street assessment policy for the 2021 Street and Utility Improvement Project. This resolution
declares the amount to be assessed at $527,457.59 and outlines the assessment process in
accordance with Minnesota Statutes Chapter 429.
A Resolution Awarding a Bid for 2021 Street and Utility Improvements
This resolution awards the contract for the 2021 Street and Utility Improvement Project to the lowest
bidder. A tabulation of these bidders, as well as the low bidder of Northwest Asphalt with a bid amount
of $1,896,823.85, can be seen in the Council packet.
If you have any questions, I will be present at the April 27, 2021, Council Meeting to discuss with you
or please call me at 651.286.8465.
Sincerely,
WSB
Justin Messner, PE
City Engineer
Attachments
cc: Jeremy Gumke, City of St. Anthony Village
Nicole Miller, City of St. Anthony Village
Katie Koscielak, WSB
kak
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4/16/2021
1
2021 Street and Utility
Improvement Project
PUBLIC HEARING
APRIL 27, 2021
Proposed Street & Utility Improvement Project
•Skycroft Drive
(32nd Avenue to 33rd Avenue)
•Croft Drive
(32nd Avenue to 33rd Avenue)
Location
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2
•31st Avenue
(Rankin Road to Old Hwy 8)
•Croft Drive
(Rankin Road to 31st Avenue)
•29th Avenue
(Stinson Boulevard to Silver Lake Road)
•St. Anthony Boulevard
(Stinson Boulevard to Kenzie Terrace)
Proposed Mill and Overlay Improvement Project
Location
•Foss Road Lift Station
Location
Proposed Sanitary Sewer
Capacity Improvements
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3
Common Construction Concerns
•Tree Impacts
•Turf and Driveway Restoration
•Driveway Access Maintained
Except:
o During utility installation in
front of home
o Wet weather
o Curb and driveway paving
o Parking on roadways not
under construction.
Common Construction Concerns
•Electric Vehicle Needs
•Special Needs / Events
•Sprinkler Systems / Invisible Fencing
•Mail / Garbage Service
•Private Utilities
•Temporary Water Service
•Driveway Replacement
•Sump Pump Connections
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4
7
Find additional information regarding street
reconstruction projects for the City of St.
Anthony, by visiting the “St. Anthony Village
Reconstruction Process” webpage
located under the tab
on the City’s website at
http://www.savmn.com
Common Construction Concerns
Project Funding
Assessment Policy – Street Reconstruction
•Up to 30-foot wide, 10-ton design roadway
•Properties assessed on unit basis
•Residential – 35%
•Residential - consistency in assessments (same benefit)
•Interior Lots – 1 unit
•Corner Lots – 0.5 unit on each roadway
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5
Project Funding
Assessment Policy – Mill and Overlay
•Properties assessed on front foot basis
•Commercial/Industrial/Church – 50%
•Properties assessed on unit basis
•Residential – 50%
•Interior Lots – 1 unit
•Corner Lots – 0.5 unit on each roadway
Project Funding
Proposed Improvements Assessments City Cost Total
Total Street Improvements 189,300.00$ 700,700.00$ 890,000.00$
Total Sanitary Sewer Improvements ‐$ 192,680.00$ 192,680.00$
Total Water Main Improvements (1)22,300.00$ 203,700.00$ 226,000.00$
Total Storm Sewer Improvements (2)37,400.00$ 69,600.00$ 107,000.00$
Total Mill and Overlay Improvements 278,500.00$ 563,500.00$ 842,000.00$
Total Foss Road Sanitary Sewer Improvements ‐$ 56,320.00$ 56,320.00$
Total Alternate 33rd Street Storm Sewer Improvements ‐$ 69,000.00$ 69,000.00$
Total Proposed Improvements**527,500.00$ 1,855,500.00$ 2,383,000.00$
2021 STREET AND UTILITY IMPROVEMENT PROJECT
City of St. Anthony Village, Minnesota
Project Costs and Proposed Funding
1. Replacement of curb stops are assessed 100% of the actual co st.
2. Local drainage improvements.
**Project Funding from Special Assessments and 429 Public Imrov ement Bonds.
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6
Assessments
•Assessment process follows Minnesota Statute Chapter 429 – Public
Improvements
•Written objection appeal must be presented in writing and signed by the
property owner prior to or at the hearing.
•Notice of appeal must be filed within 30 days after adoption of the
assessment.
•Interest rate is set at the time of assessment certification.
Assessments – Street Reconstruction
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7
Assessments – Mill and Overlay
Assessments
14
Option Deadline
1. Pay-off full assessment to avoid interest - November 30, 2021
- November 14 (every year after)
2. Partial Payment - November 1
3. Apply directly to Property Tax - Automatic if options above are not
exercised
- 2% over true interest cost
•Street Reconstruction Assessments - paid over 15-Yr period
•Mill and Overlay Assessments – paid over 10-Yr period
•Interest rate is set at the time of assessment certification.
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8
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9
•Council Authorizes Feasibility May 12, 2020
(1st of 8 Meetings)
•Council Accepts Feasibility August 11, 2020
(2nd of 8 Meetings)
•1st Public Informational Meeting October 21, 2020
(3rd of 8 Meetings)
•Council Approve Plans December 8, 2020
(4th of 8 Meetings)
•2nd Public Informational Meeting January 6, 2021
(5th of 8 Meetings)
•Open Bids February 3, 2021
17
Project Schedule
•Council Call for Hearing / Order Preparation of Assessments March 23, 2021
(6th of 8 Meetings)
•3rd Public Informational Meeting April 7, 2021
(7th of 8 Meetings)
•Public Hearing / Award Contract April 27, 2021
(8th of 8 Meetings)
•Award Sale of Bonds May 11, 2021
•Begin Construction May/June 2021
•Substantial Completion September 2021
•Final Paving June 2022
18
Project Schedule
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4/16/2021
10
Notifications / Additional Information
19
Sign up to receive weekly email updates and
notifications by visiting the project webpage
located under the tab
on the City’s website at
http://www.savmn.com
Questions
36
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-042
A RESOLUTION ORDERING IMPROVEMENTS
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, a resolution of the City Council adopted on the 23rd day of March 2021, fixed a date
for Council hearing on the proposed improvements:
Street & Utility Reconstruction
Skycroft Drive from 32nd Avenue to 33rd Avenue
Croft Drive from 32nd Avenue to 33rd Avenue
33rd Avenue Storm Sewer Improvements
Mill and Overlay
31st Avenue from Rankin Road to Old Highway 8
Croft Drive from Ranking Road to 31st Avenue
29th Avenue from Stinson Boulevard to Silver Lake Road
St. Anthony Boulevard from Stinson Boulevard to Kenzie Terrace
Sanitary Sewer Capacity Improvements
•Foss Road Lift Station Pumps
WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said hearing was
given and the hearing was held thereon on the 27th day of April 2021, at which time all
persons desiring to be heard were given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village
approve such improvements as are hereby ordered in the Council Resolution.
Adopted this 27th day of April, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
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38
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-043
A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, the amount proper and necessary to be specially assessed at this time for various public
improvements is 35% (low density residential reconstruction improvements) and 50%
(low density residential and church mill and overlay) assessable as follows:
Years First Year Levy
First Year
Collectible Assessed
15 2021 2022 $248,950.80
For improvements to the following:
Street & Utility Reconstruction
•Croft Drive from 33rd Avenue to 32nd Avenue
•Skycroft Drive from 33rd Avenue to 32nd Avenue
•
Years First Year Levy
First Year
Collectible Assessed
10 2021 2022 $278,506.79
For improvements to the following:
Mill and Overlay
•31st Avenue from Rankin Road to Old Highway 8
•Croft Drive from Rankin Road to 31st Avenue
•29th Avenue from Stinson Boulevard to Silver Lake Road
•St. Anthony Boulevard from Stinson Boulevard to Kenzie Terrace
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all
objections, if any, and said proposed assessment has at all time since its filing been open
for public inspection and an opportunity has been given to all interested persons to
present their objections if any, to such proposed assessments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1. This Council, having heard and considered all objections so presented, finds that each of
the lots, pieces and parcels of land enumerated in the proposed assessment was and is
specially benefited by the construction of said improvement in not less than the amount
of the assessment set opposite the description of each such lot, piece and parcel of land
respectively, and such amount so set out is hereby levied against each of the respective
lots, pieces and parcels of land therein described.
2.The proposed assessments are hereby adopted and confirmed as the proper special
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate calculated at 2% over the
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interest cost per annum on the bonds to be issued by the City for said improvement,
accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes
upon parcel and all thereof. The total amount of each such assessment not pre-paid shall
be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2022 through December 31, 2022 will be payable
with general taxes for the levy year of 2021 collectible in 2022, and one of each of the
remaining installments, together with one year’s interest on that and all other unpaid
installments, will be payable with general taxes for each consecutive year thereafter until
the entire assessment is paid.
3. The owner of any property so assessed may, at any time prior to certification, make
payments (partial or full) towards the balance owed. The owner may, at any time after
certification, pay the whole of the assessment, with interest accrued to the date of
payment, except that no interest be charged if the entire assessment is paid by November
30th of the assessment year.
4. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a
certified duplicate of the assessment roll, with each installment and interest on each
unpaid assessment set forth separately, to be extended upon the property tax lists of the
County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
Adopted this 27th day of April, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
40
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-044
A RESOLUTION AWARDING A BID
FOR THE 2021 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the
above-referenced project, bids were received, opened and tabulated according to law, and
the following bids were received complying with the advertisement:
Contractor Total Base Bid
1 Northwest Asphalt, Inc. $1,896,823.85
2 McNamara Contracting $1,901,196.03
3 Meyer Contracting $2,053,136.54
4 Northdale Construction Company $2,119,029.48
5 SR Weidema, Inc $2,133,930.00
6 T.A. Schifsky & Sons, Inc. $2,173,642.60
7 RL Larson Excavating, Inc. $2,179,387.23
8 Park Construction Company $2,187,445.40
9 Ryan Contracting Company $2,304,936.00
10 Forest Lake Contracting, Inc. $2,402,075.10
11 Kuechle Underground, Inc. $2,443,550.46
WHEREAS, it appears that Northwest Asphalt, Inc. of Shakopee, MN is the lowest responsible bidder,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.The Mayor and City Manager are hereby authorized and directed to enter into a
contract with Northwest Asphalt, Inc. in the amount of $1,896,823.85 in the name of
the City of St. Anthony Village, Minnesota for the improvement outlined in the
above-referenced project according to the plans and specifications, therefore,
approved by the City Council and on file in the office of the City Clerk.
2. The Engineer, WSB, is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposits of the successful
bidder and the next two lowest bidders shall be retained until a contract has been
signed.
Adopted this 27th day of April, 2021.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Charlie Yunker, City Manager
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4813-3012-0929\3
CERTIFICATION OF MINUTES RELATING TO
$[PAR] GENERAL OBLIGATION BONDS, SERIES 2021A
Issuer: City of St. Anthony, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on April 27, 2021, at 7:00 p.m.,
at the City Hall in St. Anthony, Minnesota.
Councilmembers present:
Councilmembers absent:
Documents Attached:
Minutes of said meeting (pages):
RESOLUTION 21-045
RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
BONDS, SERIES 2021A; AUTHORIZING THE ISSUANCE,
AWARDING THE SALE, FIXING THE FORM AND DETAILS,
PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND THE 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 said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said obligations; and that said meeting was duly held by the governing body at the time and
place and was attended throughout by the members indicated above, pursuant to call and notice
of such meeting given as required by law.
WITNESS my hand officially as such recording officer this 27th day of April, 2021.
(SEAL)
City Clerk
43
4813-3012-0929\3
It was reported that [_______ (___)] sealed proposals for the purchase of the $[PAR]
General Obligation Bonds, Series 2021A were received prior to 10:00 A.M., Central Time on
April 27, 2021, pursuant to the Preliminary Official Statement distributed to potential purchasers
of the Bonds by Ehlers & Associates, Inc., municipal advisors to the City. The proposals have
been publically opened, read and tabulated, and the terms of each proposal have been determined
to be as follows:
(See Attached)
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4813-3012-0929\3
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Councilmember _________________ introduced the following resolution (the
“Resolution”) and moved its adoption, which motion was seconded by Councilmember
_________________:
RESOLUTION 21-045
RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
BONDS, SERIES 2021A; AUTHORIZING THE ISSUANCE,
AWARDING THE SALE, FIXING THE FORM AND DETAILS,
PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND THE SECURITY THEREFOR AND LEVYING AD VALOREM
TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City Council (the “Council”) of the City of St. Anthony,
Minnesota (the “City”), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization.
This Council has determined that it is in the best interests of the City to issue its $[PAR]
General Obligation Bonds, Series 2021A, of the City (the “Bonds”) for the purpose of: (a)
financing the 2021 road reconstruction projects within the City (the “2021 Improvements”); (b)
refunding the February 1, 2022 through February 1, 2029 maturities (the “Refunded Bonds”) of
the City’s $1,775,000 General Obligation Improvement Bonds, Series 2013B, dated, as
originally issued, as of April 23, 2013 (the “Series 2013B Bonds”); and (c) funding the costs of
issuance of the Bonds.
The portion of the Bonds ($[_______]) being issued to finance the 2021 Improvements is
referred to as the “Improvement Bonds” and is being issued pursuant to Minnesota Statutes,
Chapters 429 and 475.
The Series 2013B Bonds were issued for the purpose of financing the City’s 2013 street
reconstruction projects (the “2013 Improvements,” and together with the 2021 Improvements,
the “Improvements”). The Refunded Bonds will be redeemed on June 1, 2021 (the “Redemption
Date”). The City anticipates substantial debt service savings to result from the refunding of the
Refunded Bonds. The portion of the Bonds being issued to refund the Refunded Bonds
($[_______]) is referred to as the “Refunding Bonds” and is being issued pursuant to Minnesota
Statutes, Chapters 429 and 475, and Section 475.67.
Maturity schedules for each portion of the Bonds are attached hereto as Schedule I.
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent
municipal advisor (“Ehlers”), to assist the City in connection with the sale of the Bonds. The
Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,
paragraph (9), without meeting the requirements for public sale under Minnesota Statutes,
Section 475.60, Subdivision 1. Pursuant to the Terms of Proposal and the Official Statement
prepared on behalf of the City by Ehlers, sealed proposals for the purchase of the Bonds were
received at or before the time specified for receipt of proposals. The proposals have been
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4813-3012-0929\3
opened, publicly read and considered, and the purchase price, interest rates and net interest cost
under the terms of each proposal have been determined. The most favorable proposal received is
that of [Purchaser], of [City, State] [, and associates] (the “Purchaser”), to purchase the Bonds at
a price of $[_______], the Bonds to bear interest at the rates set forth in Section 2.02.
1.03. Award; Conditions Precedent. Subject to the improvement hearing being held for
the 2021 Improvements and the ordering of the 2021 Improvements by four-fifths of all members
of the Council, as required under Minnesota Statutes Section 429.031, Subdivision 1(f), 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 behalf of the City for the sale of the Bonds in
accordance with the Terms of Proposal. 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.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. Except as described in Section 1.03 hereof, 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 prior to the issuance of the Bonds have been done, do exist, have
happened, and have been performed, wherefore it is now necessary for this Council to establish
the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds
forthwith.
2.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall bear a date
of original issue of May 18, 2021, shall be issuable in the denomination of $5,000 each or any
integral multiple thereof, shall mature on February 1 in the years and amounts set forth below,
and Bonds maturing in such years and amounts shall bear interest from the date of original issue
until paid or duly called for redemption at the rates per annum shown opposite such years and
amounts as follows:
Year Amount Rate Year Amount Rate
2022 2030
2023 2031
2024 2032
2025 2033
2026 2034
2027 2035
2028 2036
2029 2037
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein, provided that so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
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4813-3012-0929\3
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates; Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on February 1 and August 1 in each year, commencing
February 1, 2022, each such date being referred to herein as an Interest Payment Date, to the
persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at
the Registrar’s close of business on the first day of the calendar month in which such Interest
Payment Date occurs, whether or not such day is a business day. Interest shall be computed on
the basis of a 360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing on February 1, 2031, and later years shall be subject
to redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
(or, if applicable, by the bond depository in accordance with its customary procedures) in
integral multiples of $5,000, on February 1, 2030, and on any date thereafter, at a price equal to
the principal amount thereof and accrued interest to the date of redemption. The City Manager
shall cause notice of the call for redemption thereof to be published if and as required by law,
and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date,
shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and
registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond
Register described in Section 2.06 hereof, provided that notice shall be given to any securities
depository in accordance with its operational arrangements. No defect in or failure to give such
notice of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified and from and after such date (unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the owner without charge, representing the remaining principal amount outstanding.
[TO BE COMPLETED IF THERE ARE TERM BONDS]
[Bonds maturing on February 1, 20____ and 20____ (the “Term Bonds”) shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest
accrued thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on February 1 in each of the following years the
following stated principal amounts of such Bonds:
Year Principal Amount
*
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*Final Maturity
Year Principal Amount
*
*Final Maturity
[or, if less than such amount of Term Bonds is outstanding on any such Sinking Fund Payment
Date, an amount equal to the aggregate principal amount of all Term Bonds then Outstanding. If
Term Bonds are redeemed at the option of the City pursuant to this section, the Term Bonds so
optionally redeemed may, at the option of the City, be applied as a credit against any subsequent
mandatory sinking fund payment with respect to Term Bonds otherwise to be redeemed thereby,
such credit to be equal to the principal amount of such Term Bonds redeemed pursuant to this
section, provided that the City shall have delivered to the Registrar not less than forty-five (45)
days before such Sinking Fund Payment Date a written statement of its election to apply such
Term Bonds as such a credit. In such case, the Registrar shall reduce the amount of Term Bonds
to be redeemed on the Sinking Fund Payment Date specified in such written statement by the
principal amount of Term Bonds so redeemed pursuant to this section.
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services
Corporation, in Roseville, Minnesota, as the initial bond registrar, transfer agent and paying
agent (the “Registrar”). The Mayor and City Manager are authorized to execute and deliver, on
behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company organized under
the laws of the United States or one of its states and 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 the Registrar, effective upon not less than thirty (30) days’ written notice and
upon the appointment and acceptance of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall
deliver the Bond Register to the successor Registrar.
2.06. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer
agent and paying agent. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
bond register in which the Registrar shall provide for the registration of ownership of
Bonds and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
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(b) Transfer of Bonds. Upon surrender 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 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 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, maturity date and tenor in exchange and substitution for and
upon cancellation of any such mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
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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, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of
Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to
the same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication 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. In case any officer whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless
be valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose
or entitled to any security or benefit under this resolution unless and until a certificate of
authentication on the 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 thereof 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.
2.08. 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.
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(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond
register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat
DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the
purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions
thereof to be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all other
purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the
contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any
Participant, any person claiming a beneficial ownership interest in the Bonds under or through
DTC or any Participant, or any other person which is not shown on the bond register as being a
registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC
or any Participant, with respect to the payment by DTC or any Participant of any amount with
respect to the principal of or interest on the Bonds, with respect to any notice which is permitted
or required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City’s obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated
maturity evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC t o the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such event the
Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph
(b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar
of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the
permitted transferee in accordance with the provisions of this resolution. In the event Bonds in
the form of certificates are issued to owners other than Cede & Co., its successor as nominee for
DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the
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provisions of this resolution shall also apply to all matters relating thereto, including, without
limitation, the printing of such Bonds in the form of physical certificates and the method of
payment of principal of and interest on such Bonds in the form of physical certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the form found at
Exhibit A hereto.
SECTION 3. USE OF PROCEEDS.
3.01. Refunding. Proceeds of the Refunding Bonds in the amount of $[_______],
together with a City equity contribution in the amount of [$70,000], shall be deposited in the
sinking fund established for the Series 2013B Bonds to be applied to the redemption of the
Refunded Bonds on the Redemption Date, and proceeds of the Refunding Bonds in the amount
of $[_______] shall be used to pay costs of issuance of the Refunding Bonds.
The City Manager is hereby directed to advise Bond Trust Services Corporation,
Roseville, Minnesota, as paying agent for the Refunded Bonds, to call the Refunded Bonds for
redemption and prepayment on the Redemption Date, and to give thirty days’ mailed Notice of
Redemption, substantially in the form attached hereto, all in accordance with the provisions of
the resolution authorizing the issuance of the Series 2013B Bonds.
3.02. General Obligation Bonds, Series 2021A Project Fund. There is hereby created a
special bookkeeping fund to be designated as the General Obligation Bonds, Series 2021A
Project Fund (the “Project Fund”), to be held and administered by the City Manager separate and
apart from all other funds of the City. The Project Fund shall be credited with $[_______],
representing the estimated cost of the 2021 Improvements ($[________]) and costs of issuance
of the Improvement Bonds ($[_______]), from the proceeds from the Improvement Bonds. The
City Manager shall maintain the Project Fund until payment of all costs and expenses incurred in
connection with the construction of the 2021 Improvements have been paid. After payment of
all construction costs and costs of issuance of the Improvement Bonds, the Project Fund shall be
discontinued and any Improvement Bond proceeds remaining therein received shall be credited
to the Improvement Bond subaccount in the Bond Fund described in Section 3.03 hereof
3.03. General Obligation Bonds, Series 2021A Bond Fund. The Bonds shall be payable
from a separate General Obligation Bonds, Series 2021A Bond Fund (the “Bond Fund”) of the
City, 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. Within the Debt Service
Account (described below) in the Bond fund shall be created the following two subaccounts:
(a) Improvement Bond Subaccount. Into the Improvement Bond Subaccount shall be
deposited:
(i) any funds received from the Purchaser upon delivery of the Bonds in
excess of the amounts specified in Section 3.02 above;
(ii) special assessments pledged to the payment of the Improvement Bonds by
Section 4 herein;
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(iii) any taxes pledged to the payment of the Improvement Bonds by Section 5
herein; and
(iv) any other funds appropriated by this Council for the payment of the
Improvement Bonds.
(b) Refunding Bond Subaccount. Into the Refunding Bond Subaccount shall be
deposited:
(i) any funds received from the Purchaser upon delivery of the Bonds in
excess of the amounts necessary to accomplish the refunding described in Section 3.01
herein;
(ii) special assessments pledged to the payment of the Refunding Bonds by
the resolution authorizing the issuance of the Series 2013B Bonds and by Section 4
herein;
(iii) any taxes collected pursuant to Section 5 hereof; and
(iv) any other funds appropriated by this Council for the payment of the
Refunding Bonds.
There are hereby established two accounts in the Bond Fund, designated as the “Debt
Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the
Bond Fund shall be deposited as received into the Debt Service Account. On each February 1,
the City Manager shall determine the amount on hand in the Debt Service Account. If such
amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the
immediately preceding 12 months, the City Manager shall promptly transfer the amount in
excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be
transferred thereto from the Debt Service Account as herein provided and all income derived
from the investment of amounts on hand in the Surplus Account. If at any time the amount on
hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the
City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus
Account to the extent necessary to cure such deficiency.
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 Surplus Account when the
balance therein is sufficient, and the City covenants and agrees that it will each year levy a
sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,
which levy is not subject to any constitutional or statutory limitation.
SECTION 4. SPECIAL ASSESSMENTS. For the payment of the cost of the 2013
Improvements, the City levied special assessments against all assessable lots, tracts and parcels
of land benefited thereby and located within the area proposed to be assessed therefor, based
upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not
less than twenty percent (20%) of the cost of the 2013 Improvements. The City hereby
covenants and agrees that for payment of the cost of each of the 2021 Improvements it will do
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and perform all acts and things necessary for the full and valid levy of special assessments
against all assessable lots, tracts and parcels of land benefited thereby and located within the area
proposed to be assessed therefor, based upon the benefits received by each such lot, tract or
parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the
2021 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.
SECTION 5. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In
order to produce aggregate amounts which, together with the collections of other amounts as set
forth in Section 3.03, 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 to be levied and collected in the following
years and amounts:
Levy Years Collection Years Amount
See attached schedules
The 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 the tax levies from other legally
available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61.
SECTION 6 DEFEASANCE. When all of the Bonds have been discharged as provided
in this section, all pledges, covenants and other rights granted by this resolution to the holders of
the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which
are due on any date by depositing with the paying agent on or before that date a sum sufficient
for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless
be discharged by depositing with the paying agent a sum sufficient for the payment thereof in
full with interest accrued to the date of such deposit. The City may also 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
general obligations of the United States or securities of United States agencies which are
authorized by law to be so deposited, bearing interest payable at such time and at such rates and
maturing on such dates as shall be required, without reinvestment, to pay all principal and
interest to become due thereon to maturity.
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SECTION 7. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
7.01. General Tax 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 and will be owned and maintained by the City and available
for use by members of the general public on a substantially equal basis. The City shall not enter
into any lease, management contract, use agreement, capacity agreement or other agreement with
any non-governmental person relating to the use of the Improvements, or any portion thereof, or
security for the payment of the Bonds which might cause the Bonds to be considered “private
activity bonds” or “private loan bonds” pursuant to Section 141 of the Code.
7.02. Arbitrage Certification. The Mayor and City Manager, being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating
the facts and estimates 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 said Code and Regulations.
7.03. Arbitrage Rebate. (a) It is hereby found that the City has general taxing powers,
that no Bond is a “private activity bond” within the meaning of Section 141 of the Code, that
95% or more of the net proceeds of the Bonds are to be used for local governmental activities of
the City, and that the aggregate face amount of all tax-exempt obligations (other than private
activity bonds) issued by the City and all subordinate entities thereof during the year 2021 is not
reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section
148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate
requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
(b) Notwithstanding the provisions of paragraph (a) of this Section 7.03, if the arbitrage
rebate provisions of Section 148(f) of the Code applies to the Bonds, the City hereby covenants
and agrees to make the determinations, retain records and rebate to the United States the amounts
at the times and in the manner required by said Section 148(f) and applicable Regulations
7.04. Qualified Tax Exempt Obligations. For purposes of section 265(b)(3) of the Code,
the City hereby acknowledges that the portion of the Bonds not in excess of the principal amount
of the Refunded Bonds, $970,000, are deemed designated as “qualified tax-exempt obligations.”
For such purposes, the City represents, in accordance with Section 265(b)(3)(D)(ii) and (iii) that
the average maturity date of the portion of the Refunding Bonds, [_____] years, is not greater
than the remaining weighted average maturity of the Refunded Bonds, [_____] years, and the
Refunding Bonds have a final maturity date which is not later than the date which is 30 years
after the date the Series 2013B Bonds were issued.
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The remaining amount of the Bond issue, $[_____], is designated as qualified tax-exempt
obligations for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest
expense for financial institutions, and hereby finds that the reasonably anticipated amount of 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 the purpose of this representation)
which will be issued by the City and all subordinate entities during calendar year 2021 does not
exceed $10,000,000.
7.05. 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 financed facilities 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 a declaration
of official intent shall not be required (i) with respect to certain de minimis expenditures, if any,
with respect to the financed facilities meeting the requirements of Section 1.150-2(f)(1) of the
Regulations, or (ii) with respect to “preliminary expenditures” for the financed facilities 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.
7.06. 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.
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(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 twelve months after the end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2020, 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 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,” “US Census Data/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). If the document incorporated by reference is a final
official statement, it must be available from the 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 a Material Fact (as defined in paragraph (2)
hereof), then, from and after such determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
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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 (each a “Material
Fact”):
(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 security, or other material events affecting
the tax status of the security;
(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 obligated
person;
(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;
(N) Appointment of a successor or additional trustee or the change of name of
a trustee, if material;
(O) Incurrence of a financial obligation of the obligated person, if material, or
agreement to covenants, events of default, remedies, priority rights, or
other similar terms of a financial obligation of the obligated person, any of
which affect security holders, if material; and
(P) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the
obligated person, any of which reflect financial difficulties.
For purposes of the events identified in paragraphs (O) and (P) above, the term “financial
obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection
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with, or pledged as security or a source of payment for, an existing or planned debt obligation; or
(iii) a guarantee of (i) or (ii). The term “financial obligation” shall not include municipal
securities as to which a final official statement has been provided to the MSRB consistent with
the Rule.
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;
(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.
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(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 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.
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(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.
SECTION 8. CERTIFICATION OF PROCEEDINGS.
8.01. Registration. The City Manager 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 additional information as is required, and to obtain a certificate that the Bonds and the
taxes levied pursuant hereto have been duly entered upon the County Auditors’ Bond respective
registers.
8.02. 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, 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.
8.03. Official Statement. The Preliminary Official Statement relating to the Bonds,
prepared and distributed by Ehlers, is hereby approved. Ehlers, is hereby authorized on behalf of
the City to prepare and distribute to the Purchaser within seven business days from the date
hereof, a Final Official Statement listing the offering price, the interest rates, selling
compensation, delivery date, the underwriters and such 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. 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.
8.04. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City
authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of
issuance expenses to Old National Bank on the closing date for further distribution as directed by
Ehlers.
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Adopted this ____ day of April, 2021.
Randy Stille, Mayor
ATTEST:
City Clerk
Reviewed for administration:
Charlie Yunker, City Manager
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EXHIBIT A
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION BOND, SERIES 2021A
R-___ $_________
Interest Rate Maturity Date Date of Original Issue CUSIP No.
__% February 1, 20__ May 18, 2021
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND 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 above named, the principal
amount indicated above, on the maturity date specified above, with interest thereon from the date of
original hereof specified above at the annual rate specified above computed on the basis of a 360-day year
consisting of twelve 30-day months, payable on February 1 and August 1 in each year, commencing
February 1, 2022, 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 $[PAR] (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 April 27, 2021 (the “Resolution”) to finance
various street road reconstruction projects in the City and refund certain of the City’s outstanding general
obligation bonds, 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 and Section 475.67. For the full and prompt payment of the principal of 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 in fully registered form, in the denomination of $5,000
or any integral multiple thereof, of single maturities.
Bonds maturing on February 1, 2031, and later years shall be subject to redemption and
prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may
select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository
in accordance with its customary procedures) in multiples of $5,000, on February 1, 2030, and on any
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date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of
redemption. The City shall cause notice of the call for redemption thereof to be published if and to the
extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated
redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if
applicable, provided in accordance with the operational arrangements of the securities depository), to the
registered holders of any Bonds, at the holders’ addresses as they appear on the Bond register maintained
by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official
notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein specified and from
and after such date (unless the City shall default in the payment of the redemption price) such Bonds or
portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or
Bonds will be delivered to the owner without charge, representing the remaining principal amount
outstanding.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the registered
owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a
written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations.
Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the
transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required
to be paid with respect to such transfer or exchange.
[TO BE REVISED IF THERE ARE TERM BONDS]
[Bonds maturing in the years 20____ and 20____ shall be subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption date,
without premium, on February 1 in each of the years shown below, in an amount equal to the following
principal amounts:
Term Bonds Maturing in 20__ Term Bonds Maturing in 20__
Sinking Fund
Payment Date
Aggregate
Principal Amount
Sinking Fund
Payment Date
Aggregate
Principal Amount
(final maturity) (final maturity)
[or, if less than such amount of Term Bonds is outstanding on any such Sinking Fund Payment Date, an
amount equal to the aggregate principal amount of all Term Bonds then Outstanding. If Term Bonds are
redeemed at the option of the City pursuant to this section, the Term Bonds so optionally redeemed may,
at the option of the City, be applied as a credit against any subsequent mandatory sinking fund payment
with respect to Term Bonds otherwise to be redeemed thereby, such credit to be equal to the principal
amount of such Term Bonds redeemed pursuant to this section, provided that the City shall have delivered
to the Registrar not less than forty-five (45) days before such Sinking Fund Payment Date a written
statement of its election to apply such Term Bonds as such a credit. In such case, the Registrar shall
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reduce the amount of Term Bonds to be redeemed on the Sinking Fund Payment Date specified in such
written statement by the principal amount of Term Bonds so redeemed pursuant to this section.
Notice of redemption shall be given as provided in the preceding paragraph.]
The Bonds have been designated as “qualified tax-exempt obligations” pursuant to Section 265(b)
of the Internal Revenue Code of 1986, as amended.
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.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name
of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of
The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and
interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other
nominee in accordance with the operational arrangements of The Depository Trust Company or other
securities depository as agreed to by the City.
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 preliminary to and in the issuance of this Bond in order to make it a valid
and binding general obligation of the City in accordance with its terms, have been done, do exist, have
happened and have been performed as so required; that, prior to the issuance hereof, the City Council has
by the Resolution covenanted and agreed to collect and apply to payment of the bonds ad valorem taxes
levied on all taxable property in the City and special assessments on property specially benefited by the
improvements financed and refinanced by the Bonds, which taxes and assessments are estimated to be
collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of
and interest on the Bonds when due, and has appropriated such assessments and taxes to its General
Obligation Bonds, Series 2021 Bond Fund for the payment of such principal and interest; that if necessary
for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon
all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the
projects financed by this Bond have been or will be taken according to law and that the issuance of this
Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its
actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or
statutory limitation of indebtedness.
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
manual signature of the authorized representative of the Bond Registrar.
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IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties, State of
Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and
the City Manager and has caused this Bond to be dated as of the date set forth below.
CITY OF ST. ANTHONY, MINNESOTA
(facsimile signature - City Manager) (facsimile signature - Mayor)
________________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: __________________
BOND TRUST SERVICES CORPORATION,
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 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.
________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_____________________________ the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or
enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an “eligible guarantor
institution” meeting the requirements of the Registrar,
which requirements include membership or participation
in STAMP or such other “signature guaranty program” as
may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the
Securities Exchange Act of 1934, as amended.
Please insert social security or other identifying number of assignee:______________________
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SCHEDULE I
MATURITY SCHEDULES
Maturity
Improvement
Bonds
Refunding
Bonds TOTAL
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
$[PAR]
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SCHEDULE II
PROJECTED TAX LEVIES AND ASSESSMENTS
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NOTICE OF REDEMPTION
$1,775,000 General Obligation Improvement Bonds, Series 2013B
Dated April 23, 2013
City of St. Anthony, Minnesota
NOTICE IS HEREBY GIVEN that the City of St. Anthony, Minnesota (the “City”) has called for
redemption and prepayment on June 1, 2021, the outstanding bonds of the above-referenced issue
maturing on February 1 in the following years, in the principal amounts and having the interest rates and
CUSIP numbers listed below (the “Bonds”):
Year Amount
Interest
Rate
CUSIP
Number*
Year Amount
Interest
Rate
CUSIP
Number*
2022 $115,000 1.600% 787260 YW2 2025 $240,000 2.000% 787260 YZ5
2023 115,000 1.750 787260 YX0 2029 500,000 2.625 676260 ZD3
The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date
of redemption. Holders of the Bonds should present them for payment to Bond Trust Services
Corporation, Roseville, Minnesota, on or before said date, when they will cease to bear interest, in the
following manner:
By Mail , Overnight Mail, or Courier Service, or In Person, By Hand:
Bond Trust Services Corporation
Attention: Bond Trust Services
3060 Centre Point Drive
Roseville, Minnesota 55113
651-697-8500
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001,
federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the
time the payment by the redeeming institutions if they are not provided with your social security number
or federal employer identification number, properly certified. This requirement is fulfilled by submitting
a W-9 Form, which may be obtained at a bank or other financial institution.
The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to its correctness indicated in this Notice of Redemption. It is included solely for
the convenience of the Holders.
Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc.,
3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City.
Dated: ______________, 2021.
BY ORDER OF THE CITY COUNCIL
CITY ST. ANTHONY, MINNESOTA
By s/
City Manager
* Denotes full call of CUSIP.
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CERTIFICATE OF HENNEPIN COUNTY AUDITOR-TREASURER
AS TO REGISTRATION AND TAX LEVY
I, the undersigned, being the duly qualified and acting County Auditor-Treasurer of
Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified
copy of a resolution adopted April 27, 2021, by the City Council of the City of St. Anthony,
Minnesota, setting forth the form and details of an issue of $[PAR] General Obligation Bonds,
Series 2021A, dated as of May 18, 2021, and levying taxes for the payment thereof.
I further certify that the bond issue has 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 ___________, 2021.
Hennepin County Auditor-Treasurer
(SEAL)
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3
CERTIFICATE OF RAMSEY COUNTY AUDITOR-TREASURER
AS TO REGISTRATION AND TAX LEVY
I, the undersigned, being the duly qualified and acting County Auditor-Treasurer of
Ramsey County, Minnesota, hereby certify that there has been filed in my office a certified copy
of a resolution adopted April 27, 2021, by the City Council of the City of St. Anthony,
Minnesota, setting forth the form and details of an issue of $[PAR] General Obligation Bonds,
Series 2021A, dated as of May 18, 2021, and levying taxes for the payment thereof.
I further certify that the bond issue has 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 ___________, 2021.
Ramsey County Auditor-Treasurer
(SEAL)
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74
MEMORANDUM
To:
From:
Date:
NAC File No:
Request:
Mayor Stille and St. Anthony Village City Council
City Manager Charlie Yunker
Stephen Grittman, City Planner
City Council Regular Meeting for April 27, 2021
323.02 – 21.01
Amendment Zoning Ordinance section relating to Accessory Building
Regulations in All Zoning Districts
BACKGROUND AND PLANNING COMMISSION/STAFF RECOMMENDATION
City planning staff is proposing an amendment to the City’s Accessory Building regulations that impact a
series of current zoning ordinance sections, including changes to the Zoning Ordinance Definitions
(Section 152.08), and an overhaul of the Accessory Buildings text (Section 152.176).
The material is presented in both table form and a proposed ordinance. The table material identifies
proposed language updates to the text. The highlighting is included here to show some of the evolution
of the discussion at Planning Commission level, including proposed changes and additions as their
review of the issue went forward. Also attached to the staff report is a proposed ordinance form
incorporating the amendments.
A public hearing was held at the Planning Commission meeting to invite public comment. There was no
public comment offered, and the Planning Commission passed a recommendation to adopt the
amendments, with one change to the staff item receiving the majority of the discussion.
That change related to the allowable size of a detached garage (or “Accessory Building-Major”) on a
single family parcel. The existing ordinance includes conflicting requirements, which the proposed
amendment would resolve. As currently written in the Definitions section, a “Garage” is allowed to be
up to 1,000 square feet in floor area, while in the Accessory Building section of the code, such garages
are limited to 750 square feet or 80% of the floor area of the principal building.
For background and a reference point, a typical two-car garage would be approximately 450-500 square
feet. Thus, 750 square feet would be equivalent to a three-car garage. The original staff report
incorporated the 750 square feet/80% threshold into the allowable detached garage size for single
family parcels, and would delete the 1,000 square foot reference in the definition.
The Planning Commission, after some discussion, chose to change the size threshold from 750 square
feet to 1,000 square feet or no more than 100% of the size of the principal building. It was noted in the
discussion that provided a parcel can meet setbacks and not exceed the required impervious surface
standard, among other regulations, a larger detached garage was preferable to having materials or
vehicles stored outside. It was further noted that for most St. Anthony R-1 lots, the impervious surface
standard is likely to be the limiting factor.
With that discussion and change, the Planning Commission voted unanimously to recommend adoption
of the proposed ordinance amendment.
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GENERAL INFORMATION
Applicant: City of St. Anthony Village
Owner: NA
Location: NA
Existing Land Use / NA
Zoning:
Surrounding Land
Use/Zoning NA
Deadline for Agency
Action: NA
ANALYSIS
1. Background
The attached material represents the recommendation of the Planning Commission, after a reworking of
the draft text discussed at the 2-16-21 Planning Commission work session. The substantive changes to
that presentation are summarize as follows:
Definitions (Section 152.08).
The definitions have been reworked to establish a (slightly revised) definition for Accessory Buildings
generally, deleting most references to “structures” and then adding sub-categories of accessory
buildings due to differential treatment of each type in the following text. Those proposed categories are
Accessory Building – Garage; Accessory Building – Major; and Accessory Building – Minor. The terms
related to “garden sheds”, “gazebos”, etc. have been utilized only as examples to remove any
implication that they are a separate category of Accessory Building.
The Garage definition is taken largely from the existing code, modified with the door-size discussion.
The code treats garages and other accessory building differently in a few cases, thus the use of the
Accessory Building is relevant in this case.
A definition has also been added for “Accessory Use”, drawn from other resources, so as to distinguish
between use and building. Similarly, definitions have been added for “Principal Building” and “Principal
Use”, currently missing from existing text, again common language drawn from other sources.
Accessory Buildings (Section 152.176).
Several alterations were made from the prior version, including language, removal of duplicate
provisions, and reorganization of some of the existing and proposed text.
The organization is now structured more clearly as follows:
(A) This text section now refers to the Accessory Building allowances in each of the various districts.
1. Section 1 refers to requirements in the R-1 and R-1A Districts (the Single Family zoning
districts). Items (a) through (f) limit numbers of buildings (including buildings by type), and
other standards that apply to the single family areas.
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2. Section 2 refers to requirements for the attached or multiple family districts (R-2, R-3, and
R-4).
3. Section 3 refers to standards for the Commercial and Industrial districts.
4. Section 4 was deleted from this subsection, as building materials requirements will now vary
between single family and other uses.
(B) through (F) are largely drawn from existing text, with minor adjustments.
(G) and (H) distinguish the treatment of building materials and trash enclosures between single
family and non-single family uses.
(L) is deleted from prior proposed text, as noted.
(I) is the table of dimensional and other standards that apply to Accessory Buildings and/or uses,
depending on Yard, Type, and Zoning District. The specific standards that apply to R-1A (shoreland)
uses are also listed here – most of these regulations are missing or unclear from current code.
2. Applicable Code Sections.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.008 provides definitions related to
Zoning.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.176 Accessory Buildings regulates the
various Performance Standards related to Accessory Buildings and Uses.
CONCLUSION AND RECOMMENDATION
Staff and Planning Commission recommend approval of the proposed amendment to the Zoning
Ordinance, due to the various conflicts and/or missing components of current standards. It is the
intention of staff that by consolidating the regulations as proposed, they will be clearer and more easily
applied by staff and property owners alike.
As such, planning staff recommends the following motion:
1. Motion to adopt the Ordinance, an amendment to the Zoning Ordinance relating to Accessory
Buildings and Uses, amending definitions, and deleting the current Section 152.176 and
replacing it with the new Section.
ALTERNATIVE PLANNING COMMISSION ACTION
2. Motion to deny the amendment. In the event of a recommendation for denial, the City Council
must state its findings related to denial on the record.
3. Request Additional Information and Table Action. A motion to table should be accompanied by
the specific information requested of staff necessary to make a recommendation.
ATTACHMENTS
Exhibit A: Table of Proposed Text Changes and Explanations
77
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78
CITY COUNCIL
APRIL 27, 2021
ZONING ORDINANCE AMENDMENT
Accessory Buildings
152.08 (Definitions)
152.76 (Accessory Buildings)
ACCESSORY BUILDINGS
Definitions:
ACCESSORY BUILDING. A separate building or structure or a portion of
a principal building or structure used for accessory uses.
-ACCESSORY BUILDING –GARAGE: An accessory building
(attached or detached) which is used, or can be used,to store
passenger automobiles and light trucks owned by occupants of
the principal building, and which has a door opening which is six
(6) feet or greater in width.
-ACCESSORY BUILDING –MAJOR:A detached accessory building
sheltering an allowed accessory use, except for storage of motor
vehicles. Accessory Buildings may include garden sheds,
recreational buildings such as gazebos, or other similar uses.
-ACCESSORY BUILDING –MINOR:A detached accessory building
200 square feet or less in floor area.
ACCESSORY USE -A subordinate use which is located on the
same lot on which the principal use is situated and which is
reasonably necessary, incidental to, and supportive of the
conduct of the principal use. An accessory use shall be lesser in
extent, size, and/or area to that of the principal use.
PRINCIPAL BUILDING: The main structure on a parcel or lot which
houses the Principal Use of the property.
PRINCIPAL USE: The primary use of a parcel or lot as opposed to a
subordinate “accessory” use.
Definitions:
ACCESSORY BUILDING. A separate
building or structure or a portion of a
principal building or structure used for
accessory uses.
GARAGE. An accessory building or
portion of a principal building which is
principally used for the storage of
motor vehicles owned by occupants of
the principal building. Garages cannot
be larger than the principal structure
or be more than 1,000 square feet in
size in R-1, R-1A, and R-2 zoned
property.
ACCESSORY USE. A use subordinate to
the main use on a lot and which is
customarily incidental to the main use
79
ACCESSORY BUILDINGS
152.176 ACCESSORY BUILDINGS.
(A). The following Accessory Buildings shall be allowed as permitted uses, subject
to the requirements of Table 152.176.(I):
1.R-1 and R-1A, Single Family Zones:
a.One (1) Attached Garage.
b.One (1) Detached Garage or One Accessory Building-Major greater than 200
square feet in floor area.No more than two garages, (only one of which may
be a detached garage), shall be allowed on any single family parcel.
c.One (1) Accessory Building–Minor no greater than 200 square feet in floor
area meeting the requirements of this ordinance.
d.Accessory uses which are not accessory buildings, including swimming pools,
hot tubs, play structures, animal shelters of less than 36 square feet in area,
and landscape elements that do not provide any shelter for human occupancy,
provided all other conditions and performance standards are met.
e.Setback from Other Principal Buildings. Unless attached to and made a part of
the principal building, no eave or other portion of an accessory building may
be closer than 5 feet from any eave or other portion of a principal or
accessory building.
f.Design. All accessory buildings constructed after the construction of the
principal building must be designed and constructed in a manner consistent
with the design and general appearance of the principal building. Accessory
buildings constructed primarily of canvas, plastic fabric, or other similar non-
permanent materials shall be prohibited.
ACCESSORY BUILDINGS 2. Attached and Multi-family Buildings. Attached and multi-family buildings in the
R-2, R-3 and R-4 districts are allowed one Accessory Building-Major of up to 500
square feet in area, and one Accessory Building-Minor of 200 square feet or less
per complex, plus detached garage structures as needed to meet the requirements
of the Zoning Ordinance for off-street parking.
3. Commercial or Industrial Districts. No accessory building in a commercial or
industrial district shall exceed the height of the principal building except by
conditional use permit.
4. Building Standards. All accessory buildings in excess of 200 square feet shall be
constructed to the standards of the Minnesota State Building Code. The
architectural appearance of accessory buildings should be visually compatible with
the principal building relative to color, materials, and form.
80
ACCESSORY BUILDINGS (B). Accessory Buildings without a Principal Building. No accessory
building or structure shall be constructed on any lot prior to the time of
construction of the principal building to which it is an accessory unless
authorized through an agreement as prepared by the City Attorney and
approved by the City Council.
(C). Accessory Dwelling Units. Detached accessory buildings shall be
prohibited from containing complete independent living facilities
(accessory dwelling units), which would include permanent provisions for
living, sleeping, eating, and sanitation.
(D). Driveways.Driveways shall be required for doorway openings
meeting or exceeding 8 feet wide by 7 feet tall. All driveways must meet
the standards as outlined in §152.179.
(E). Drainage and Utility Easements. No part of an accessory building
shall extend into a drainage and utility easement or any required setback.
ACCESSORY BUILDINGS
(F). Landscape Elements. Landscape elements, such as vegetation,
gardens, statuary, and the like shall be allowed in all yards, provided
other applicable regulations are met. Retaining walls shall be considered
fences for the purposes of this ordinance.
(G). Trash Enclosures. Except for Single Family Residential properties,
trash enclosures, where allowed, shall be required to be constructed of
materials that match the materials used on the principal building
exterior, and shall not be located in any yard closer to the public right of
way than the principal structure.
(H). Detached Garage Accessory Building Materials. Detached Garages
Accessory Buildings accessory to attached and multiple family residential
dwellings, or any commercial or industrial use, shall be constructed of
materials that match those used on the principal building.
(L). Recreational Structures and Uses. Gazebos, pools, pool buildings, and
other detached recreational structures shall meet the setbacks, size
requirements, and other standards applicable to Garden Sheds.
81
ACCESSORY BUILDINGS
ACCESSORY BUILDINGS
82
ACCESSORY BUILDINGS
ACCESSORY BUILDINGS
Recommended City Council Action:
Motion to adopt the proposed zoning ordinance amendment related to
Accessory Buildings and Uses.
Motion to deny the ordinance as presented. In the event of a motion for denial, the City Council must state its
findings related to denial.
Request Additional Information and Table Action, subject to the submission of additional information from staff.
83
Proposed Changes Explanations
152.08 Definitions:
ACCESSORY BUILDING. A separate building or structure or a
portion of a principal building or structure used for accessory
uses.
- ACCESSORY BUILDING – GARAGE: An accessory building
(attached or detached) which is used, or can be used, to
store passenger automobiles and light trucks owned by
occupants of the principal building, and which has a
door opening which is six (6) feet or greater in width.
- ACCESSORY BUILDING – MAJOR: A detached accessory
building sheltering an allowed accessory use, except for
storage of motor vehicles. Accessory Buildings may
include garden sheds, recreational buildings such as
gazebos, or other similar uses.
- ACCESSORY BUILDING – MINOR: A detached accessory
building 200 square feet or less in floor area.
ACCESSORY USE ‑ A subordinate use which is located on
the same lot on which the principal use is situated and
which is reasonably necessary, incidental to, and
supportive of the conduct of the principal use. An
accessory use shall be lesser in extent, size, and/or area to
that of the principal use.
PRINCIPAL BUILDING: The main structure on a parcel or lot
which houses the Principal Use of the property.
PRINCIPAL USE: The primary use of a parcel or lot as opposed to
a subordinate “accessory” use.
Definitions:
ACCESSORY BUILDING. A separate
building or structure or a portion
of a principal building or structure
used for accessory uses.
GARAGE. An accessory building or
portion of a principal building
which is principally used for the
storage of motor vehicles owned
by occupants of the principal
building. Garages cannot be larger
than the principal structure or be
more than 1,000 square feet in
size in R-1, R-1A, and R-2 zoned
property.
ACCESSORY USE. A use
subordinate to the main use on a
lot and which is customarily
incidental to the main use
This section reworks definitions to
create a more consolidated set of
definitions for Accessory
Buildings, then adds an expanded
definition for Accessory Uses, as
well as new definitions for
Principal Use and Principal
Building, currently missing from
the code. It categorizes Accessory
Buildings into three classes:
Garages; Accessory Buildings-
Major; and Accessory Buildings-
Minor.
In the sections below, the
number, size, and regulations for
each type of building is then
identified as to the required
standards by zoning district.
84
152.176 ACCESSORY BUILDINGS.
(A). The following Accessory Buildings shall be allowed as permitted
uses, subject to the requirements of Table 152.176.(I):
1. R-1 and R-1A, Single Family Zones:
a. One (1) Attached Garage.
b. One (1) Detached Garage or One Accessory Building-
Major greater than 200 square feet in floor area. No
more than two garages, (only one of which may be a
detached garage), shall be allowed on any single
family parcel.
c. One (1) Accessory Building–Minor no greater than 200
square feet in floor area meeting the requirements of
this ordinance.
d. Accessory uses which are not accessory buildings,
including swimming pools, hot tubs, play structures,
animal shelters of less than 36 square feet in area, and
landscape elements that do not provide any shelter
for human occupancy, provided all other conditions
and performance standards are met.
e. Setback from Other Principal Buildings. Unless
attached to and made a part of the principal building,
no eave or other portion of an accessory building may
be closer than 5 feet from any eave or other portion of
a principal or accessory building.
f. Design. All accessory buildings constructed after the
construction of the principal building must be
designed and constructed in a manner consistent with
the design and general appearance of the principal
building. Accessory buildings constructed primarily of
canvas, plastic fabric, or other similar non-permanent
materials shall be prohibited.
2. Attached and Multi-family Buildings. Attached and multi-
family buildings in the R-2, R-3 and R-4 districts are
allowed one Accessory Building-Major of up to 500 square
feet in area, and one Accessory Building-Minor of 200
square feet or less per complex, plus detached garage
structures as needed to meet the requirements of the
Zoning Ordinance for off-street parking.
3. Commercial or Industrial Districts. No accessory building in
a commercial or industrial district shall exceed the height
of the principal building except by conditional use permit.
The proposed text
reorganizes Section 176 to
identify the allowed
accessory buildings/uses by
Zoning District or land use
(in Section A).
Section A.1. specifies the
regulations for each group
of Single Family parcels:
One attached garage; One
Garage or Accessory Bldg-
Major (more than 200 sf);
One Accessory Bldg-Minor
(200 sf or less). Additional
sections regulate other
aspects of these buildings
and uses in the Single
Family districts.
Section A.2. identifies the
regulations for attached
residential buildings and
complexes – essentially one
500 sf building (a two-car
garage sized structure); and
one Minor building (such as
a garden shed).
Section A.3. sets the height
requirement for Accessory
Buildings in Commercial
and Industrial Districts.
85
4. Building Standards. All accessory buildings in excess of 200
square feet shall be constructed to the standards of the
Minnesota State Building Code. The architectural
appearance of accessory buildings should be visually
compatible with the principal building relative to color,
materials, and form.
(B). Accessory Buildings without a Principal Building. No accessory
building or structure shall be constructed on any lot prior to the time
of construction of the principal building to which it is an accessory
unless authorized through an agreement as prepared by the City
Attorney and approved by the City Council.
(C). Accessory Dwelling Units. Detached accessory buildings shall be
prohibited from containing complete independent living facilities
(accessory dwelling units), which would include permanent provisions
for living, sleeping, eating, and sanitation.
(D). Driveways. Driveways shall be required for doorway openings
meeting or exceeding 8 feet wide by 7 feet tall. All driveways must
meet the standards as outlined in §152.179.
(E). Drainage and Utility Easements. No part of an accessory building
shall extend into a drainage and utility easement or any required
setback.
(F). Landscape Elements. Landscape elements, such as vegetation,
gardens, statuary, and the like shall be allowed in all yards, provided
other applicable regulations are met. Retaining walls shall be
considered fences for the purposes of this ordinance.
(G). Trash Enclosures. Except for Single Family Residential properties,
trash enclosures, where allowed, shall be required to be constructed
of materials that match the materials used on the principal building
exterior, and shall not be located in any yard closer to the public right
of way than the principal structure.
(H). Detached Garage Accessory Building Materials. Detached Garages
Accessory Buildings accessory to attached and multiple family
residential dwellings, or any commercial or industrial use, shall be
constructed of materials that match those used on the principal
building.
(L). Recreational Structures and Uses. Gazebos, pools, pool buildings,
and other detached recreational structures shall meet the setbacks,
size requirements, and other standards applicable to Garden Sheds.
This language is removed
from this section, and
addressed in other
locations (primarily Section
H below).
Sections B – F are mostly
existing language
regulating the timing,
general locations, uses, etc.
relating to Accessory
Buildings in all districts.
Section F specifically
exempts landscape
elements from these
requirements.
Section G. identifies rules
that apply to trash
enclosures, and exempts
single family homes from
the requirements.
Section H. sets building
materials standards for
Accessory Buildings, again
exempting Single Family
Homes. Design is included
as a factor in the R-1 and
R-1A District language as
part of the language in A.1.
above.
86
In the text below, the various performance standards are identified by use/district and by type of
building. As noted in the accompanying staff report, the Planning Commission recommendation is to
allow one Detached Garage, or Accessory Building – Major, on a single family parcel up to 1,000
square feet or equal to the size of the home, whichever is less (highlighted text).
Table 172.156 (I) District Performance Standards – Accessory Buildings and Uses. Unless otherwise
specified in this section, all accessory buildings and/or uses shall conform to the following requirements
(except where noted as applying to specific districts):
Accessory Building-
Major or Detached
Garage
Attached Garage Accessory
Building-
Minor
Other Accessory
Uses or Structures
Front Yard Setback No closer than
principal building, or
30 feet, whichever is
greater
30 feet Not Allowed in
front yard
Not Allowed in
front yard
Side Yard Setback 5 feet 5 feet, with an
aggregate total of 15
feet on two sides
Not Allowed in
side yard
5 feet
Side Yard Setback
adjacent to public
street
20 feet, or equal to
principal building
setback, whichever is
greater
20 feet, or equal to
principal building
setback, whichever is
greater
20 feet 20 feet
Rear Yard Setback
from private
property
30 feet 5 feet 5 feet 5 feet
Rear Yard Setback
from Alley
5 feet 30 feet 5 feet 5 feet
Rear Yard Setback
from Public Street
30 feet 30 feet 30 feet 30 feet
Maximum Square
Feet- R-1 and R-1A
1,000 square feet, or
up to the ground floor
area of principal
building, whichever is
less
No greater than
ground floor area of
principal building, 1
per parcel
200 square
feet, 1 per
parcel
NA, subject to
impervious surface
and other
standards
Maximum Square
Feet – R-2, R-3,
and R-4
500 square feet, 1 per
complex
No greater than
ground floor area of
principal building
200 square
feet, 1 per
complex
NA, subject to
impervious surface
and other
standards
Maximum Square
Feet – C, I Districts
80% of ground floor
area of principal
building
No greater than
ground floor area of
principal building
200 square
feet, 1 per
parcel
NA, subject to
impervious surface
and other
standards
Maximum Height
– R-1, R-1A, R-2
15 feet to average
roof height, and no
more than 20 feet
overall
No greater than roof
height of principal
structure
15 feet to peak
roof height
NA
87
Maximum Height
– R-3, R-4
30 feet 30 feet 15 feet to peak
roof height
NA
Maximum Height
– C, I Districts
No accessory building
in a commercial or
industrial district shall
exceed the height of
the principal building
except by conditional
use permit.
No accessory building
in a commercial or
industrial district shall
exceed the height of
the principal building
except by conditional
use permit.
15 feet to peak
roof height
NA
Special provisions
for Accessory
Buildings and
Uses in the R-1A
District
Detached Garage
Setback from OHW
Attached Garage
Setback from OHW
Other
Accessory
Building
Setback from
OHW of 200
square feet or
less.
Other Accessory
Use Setback from
OHW
Setback from
Ordinary High
Water (OHW)
Elevation
75 feet, or no closer
than the nearest
building line of the
principal structure,
whichever is greater
75 feet 37.5 feet. No
such structure
shall occupy
land within the
Shore Impact
Zone, defined
as one-half the
setback from
OHW.
37.5 feet.
Exception: Access
to the shoreline
may be provided
within this setback
area via stairs,
pathways, and
landings no
greater than 4 feet
in width. One (1)
surfaced
patio/landing/deck
area of no more
than 96 square
feet in area may
be located within
the Shore Impact
Zone, provided
such patio
maintains a
setback from the
OHW of at least
fifteen (15) feet,
and provided such
structure extends
no more than 30
inches above the
natural grade at
any location.
88
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2021-02
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 152
BY AMENDING DEFINITIONS AND REQUIREMENTS
FOR ACCESSORY BUILDINGS AND USES
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY VILLAGE HEREBY ORDAINS AS
FOLLOWS:
Section 1. Chapter 152, Section 152.008, Definitions, is hereby amended to read as
follows:
ACCESSORY BUILDING. A separate building or a portion of a principal building used for
accessory uses.
- ACCESSORY BUILDING – GARAGE: An accessory building (attached or detached)
which is used, to store passenger automobiles and light trucks owned by occupants of the
principal building, and which has a door opening which is six (6) feet or greater in width.
- ACCESSORY BUILDING – MAJOR: A detached accessory building sheltering an
allowed accessory use, except for storage of motor vehicles. Accessory Buildings may
include garden sheds, recreational buildings such as gazebos, or other similar uses.
- ACCESSORY BUILDING – MINOR: A detached accessory building 200 square feet or
less in floor area.
PRINCIPAL BUILDING: The main structure on a parcel or lot which houses the Principal Use
of the property.
PRINCIPAL USE: The primary use of a parcel or lot as opposed to a subordinate “accessory”
use.
Section 3. Chapter 152, Section 152.176, Accessory Buildings, is hereby deleted in its
entirety.
Section 4. Chapter 152, Section 152.176, Accessory Buildings is hereby amended to
read as follows:
152.176 ACCESSORY BUILDINGS.
(A). The following Accessory Buildings shall be allowed as permitted uses, subject to the
requirements of Table 152.176.(I):
1. R-1 and R-1A, Single Family Zones:
a. One (1) Attached Garage.
89
b. One (1) Detached Garage or One Accessory Building-Major
greater than 200 square feet in floor area. No more than two garages,
(only one of which may be a detached garage), shall be allowed on any
single family parcel.
c. One (1) Accessory Building–Minor no greater than 200 square feet
in floor area meeting the requirements of this ordinance.
d. Accessory uses which are not accessory buildings, including
swimming pools, hot tubs, play structures, animal shelters of less than 36
square feet in area, and landscape elements that do not provide any shelter
for human occupancy, provided all other conditions and performance
standards are met.
e. Setback from Other Principal Buildings. Unless attached to and
made a part of the principal building, no eave or other portion of an
accessory building may be closer than 5 feet from any eave or other
portion of a principal or accessory building.
f. Design. All accessory buildings constructed after the construction
of the principal building must be designed and constructed in a manner
consistent with the design and general appearance of the principal
building. Accessory buildings constructed primarily of canvas, plastic
fabric, or other similar non-permanent materials shall be prohibited.
2. Attached and Multi-family Buildings. Attached and multi-family buildings
in the R-2, R-3 and R-4 districts are allowed one Accessory Building-Major of up
to 500 square feet in area, and one Accessory Building-Minor of 200 square feet
or less per complex, plus detached garage structures as needed to meet the
requirements of the Zoning Ordinance for off-street parking.
3. Commercial or Industrial Districts. No accessory building in a commercial
or industrial district shall exceed the height of the principal building except by
conditional use permit.
4. Building Standards. All accessory buildings in excess of 200 square feet
shall be constructed to the standards of the Minnesota State Building Code. The
architectural appearance of accessory buildings should be visually compatible
with the principal building relative to color, materials, and form.
(B). Accessory Buildings without a Principal Building. No accessory building or
structure shall be constructed on any lot prior to the time of construction of the principal
building to which it is an accessory unless authorized through an agreement as prepared
by the City Attorney and approved by the City Council.
(C). Accessory Dwelling Units. Detached accessory buildings shall be prohibited from
containing complete independent living facilities (accessory dwelling units), which would
include permanent provisions for living, sleeping, eating, and sanitation.
90
(D). Driveways. Driveways shall be required for doorway openings meeting or exceeding
8 feet wide by 7 feet tall. All driveways must meet the standards as outlined in §152.179.
(E). Drainage and Utility Easements. No part of an accessory building shall extend into a
drainage and utility easement or any required setback.
(F). Landscape Elements. Landscape elements, such as vegetation, gardens, statuary, and
the like shall be allowed in all yards, provided other applicable regulations are met.
Retaining walls shall be considered fences for the purposes of this ordinance.
(G). Trash Enclosures. Except for Single Family Residential properties, trash enclosures,
where allowed, shall be required to be constructed of materials that match the materials
used on the principal building exterior, and shall not be located in any yard closer to the
public right of way than the principal structure.
(H). Detached Garage Accessory Building Materials. Detached Garages Accessory
Buildings accessory to attached and multiple family residential dwellings, or any
commercial or industrial use, shall be constructed of materials that match those used on
the principal building.
(I) Table 152.176 (I) District Performance Standards – Accessory Buildings and Uses.
Unless otherwise specified in this Chapter, all accessory buildings and/or uses shall
conform to the following requirements (except where noted as applying to specific
districts):
Accessory Building-
Major or Detached
Garage
Attached Garage Accessory
Building-
Minor
Other Accessory
Uses or
Structures
Front Yard
Setback
No closer than
principal building, or
30 feet, whichever is
greater
30 feet Not Allowed in
front yard
Not Allowed in
front yard
Side Yard Setback 5 feet 5 feet, with an
aggregate total of 15
feet on two sides
Not Allowed in
side yard
5 feet
Side Yard Setback
adjacent to public
street
20 feet, or equal to
principal building
setback, whichever is
greater
20 feet, or equal to
principal building
setback, whichever is
greater
20 feet 20 feet
Rear Yard Setback
from private
property
30 feet 5 feet 5 feet 5 feet
Rear Yard Setback
from Alley
5 feet 30 feet 5 feet 5 feet
Rear Yard Setback
from Public Street
30 feet 30 feet 30 feet 30 feet
91
Maximum Square
Feet- R-1 and R-
1A
1,000 square feet, or
up to the ground floor
area of principal
building, whichever is
less
No greater than
ground floor area of
principal building, 1
per parcel
200 square
feet, 1 per
parcel
NA, subject to
impervious surface
and other
standards
Maximum Square
Feet – R-2, R-3,
and R-4
500 square feet, 1 per
complex
No greater than
ground floor area of
principal building
200 square
feet, 1 per
complex
NA, subject to
impervious surface
and other
standards
Maximum Square
Feet – C, I
Districts
80% of ground floor
area of principal
building
No greater than
ground floor area of
principal building
200 square
feet, 1 per
parcel
NA, subject to
impervious surface
and other
standards
Maximum Height
– R-1, R-1A, R-2
15 feet to average roof
height, and no more
than 20 feet overall
No greater than roof
height of principal
structure
15 feet to peak
roof height
NA
Maximum Height
– R-3, R-4
30 feet 30 feet 15 feet to peak
roof height
NA
Maximum Height
– C, I Districts
No accessory building
in a commercial or
industrial district shall
exceed the height of
the principal building
except by conditional
use permit.
No accessory building
in a commercial or
industrial district shall
exceed the height of
the principal building
except by conditional
use permit.
15 feet to peak
roof height
NA
Special provisions
for Accessory
Buildings and
Uses in the R-1A
District
Detached Garage
Setback from OHW
Attached Garage
Setback from OHW
Other
Accessory
Building
Setback from
OHW of 200
square feet or
less.
Other Accessory
Use Setback from
OHW
Setback from
Ordinary High
Water (OHW)
Elevation
75 feet, or no closer
than the nearest
building line of the
principal structure,
whichever is greater
75 feet 37.5 feet. No
such structure
shall occupy
land within the
Shore Impact
Zone, defined
as one-half the
setback from
OHW.
37.5 feet.
Exception: Access
to the shoreline
may be provided
within this setback
area via stairs,
pathways, and
landings no greater
than 4 feet in
width. One (1)
surfaced
patio/landing/deck
area of no more
than 96 square feet
in area may be
located within the
92
Shore Impact
Zone, provided
such patio
maintains a
setback from the
OHW of at least
fifteen (15) feet,
and provided such
structure extends
no more than 30
inches above the
natural grade at
any location.
Section 5. The City Clerk is hereby directed to make the changes required by this
Ordinance as part of the Official St. Anthony City Code, Chapter 152, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended effect of this
Ordinance. The City Clerk is further directed to make necessary corrections to any internal
citations that result from said renumbering process, provided that such changes retain the purpose
and intent of the Zoning Ordinance as has been adopted.
Section 6. This Ordinance shall take effect and be in full force from and after its
passage and publication.
ADOPTED BY the St. Anthony City Council this 27th day of April, 2021.
Effective Date: This ordinance shall become effective as of its publication.
Adopted: April 27, 2021
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Randy Stille, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: Star Tribune
Publication Date: April 30, 2021
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-046
A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2021-02
WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning
accessory buildings requirements, definitions and uses; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the
case of lengthy ordinances or those containing maps or charts; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent
of Ordinance 2021-02.
NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2021-02 shall be
published in the official paper in lieu of the entire ordinance.
SUMMARY PUBLICATION
Ordinance 2021-02
An Ordinance Amending Chapter 152 as it relates to accessory buildings requirements, definitions and
uses.
The City Council of the City of St. Anthony adopted Ordinance 2021-02 on April 27, 2021, amending multiple
sections of Chapter 152 related to accessory buildings.
The amended ordinance elements include:
• Amended definitions
• Amended accessory buildings uses
• Amended accessory buildings requirements
• Addition of chart for accessory buildings districts and uses
The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St.
Anthony, MN 55418.
Adopted this 27th day of April , 2021.
_________________________________
Randy Stille, Mayor
ATTEST: _________________________
Nicole Miller, City Clerk
Reviewed for administration: _________________________________
Charlie Yunker, City Manager
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Independent Biennial
Audit Report
Presentation to St. Anthony City Council
Captain Jeff Spiess
April 27, 2021
Reporting Requirement
•MSS 13.825(9c):
“A report summarizing the results of each audit report must be provided to
the governing body with jurisdiction over the budget of the law
enforcement agency….”
97
MN State Statute
•MSS 13.825
Data Classification
Retention of Data
Access by Data Subjects
Inventory of Portable Recording System Technology
Use of Agency-Issued Portable Recording Systems
Authorization to Access Data
Sharing Among Agencies
•MSS 626.8473
Public Comment
Portable Recording System Policy
Challenges and Successes
Challenges
•Relatively new technology
Training
Internal Compliance Checks
Recordkeeping
•Funding
•Dissemination of Data
•Software and Hardware
•Storage
Successes
•Collaboration
•High Compliance Rate
•Officer Buy-in / Community Buy-in
•Transparency
•SAPD National Model
•Complaint Resolution
•Case Resolution
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Thank you
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INDEPENDENT AUDIT REPORT
Jon Mangseth
Chief of Police
St. Anthony Police Department
3301 Silver Lake Rd. NE
St. Anthony, MN 55418
Dear Chief Mangseth:
An independent audit of the St. Anthony Police Department’s Portable Recording System (PRS)
was conducted of November 13, 2020. The objective of the audit was to verify St. Anthony
Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473.
Data elements the audit includes:
Minnesota Statute §13.825
• Data Classification
• Retention of Data
• Access by Data Subjects
• Inventory of Portable Recording System Technology
• Use of Agency-Issued Portable Recording Systems
• Authorization to Access Data
• Sharing Among Agencies
Minnesota Statute §626.8473
• Public Comment
• Portable Recording System Policy
The St. Anthony Police Department is located in Hennepin and Ramsey Counties, Minnesota and
employs twenty (20) peace officers. The St. Anthony Police Department utilizes Panasonic
Arbitrator body-worn cameras and software and stores the PRS data on a local file server hosted
by Metro-Inet. The audit covers the time period November 1, 2018, through October 31, 2020.
Audit Requirement: Data Classification
Determine that the data collected by PRSs are appropriately classified.
PRS data is presumptively private. All PRS data collected during the time period November 1,
2018, through October 31, 2020, is classified as private or non-public data. The St. Anthony
Police Department had no instances of the discharge of a firearm by a peace officer, use of force
that resulted in substantial bodily harm, requests from data subjects for the data to be made
101
accessible to the public, or court orders directing the agency to release the PRS data to the
public.
No discrepancies noted.
Audit Requirement: Retention of Data
Determine that the data collected by PRS’s are appropriately retained and destroyed in
accordance with statutes.
The St. Anthony Police Department utilizes the General Records Retention Schedule for
Minnesota Cities and agency specified retention periods in the Arbitrator 360° Back-End Client
software system. Either during, or at the conclusion of a PRS recording, an Arbitrator
classification is assigned. Each Arbitrator classification has an associated retention period.
Upon reaching the retention date, data is systematically deleted. All PRS data is maintained for
at least 90 days.
Randomly selected records from a server log report and audit trails were reviewed and the date
and time the data was created was verified against the deletion date. Each of the records were
deleted in accordance with the record retention. Records selected were from the time period
November 1, 2018, through October 31, 2020. PRS video, meta data, and audit trails are purged
from the Arbitrator 360° Back-End Client upon reaching the specified retention period. The St.
Anthony Police Department has not received a request from a data subject to retain PRS data
beyond the applicable retention period.
No discrepancies noted.
Audit Requirement: Access by Data Subjects
Determine that individuals who are the subject of collected data have access to the data, and if
the data subject requests a copy of the data, other individuals who do not consent to its release
must be redacted.
PRS data is available and access may be requested by submission of an St. Anthony Police
Department Data Request Form. During the time period November 1, 2018, through October 31,
2020, the St. Anthony Police Department had received no requests to view PRS data from a data
subject but did fulfill a request for a copy of PRS data from a data subject. Data subjects other
than the requestor were redacted. A copy of the redacted video is maintained in the file room.
Data requests are documented in the Records Management System dissemination log.
No discrepancies noted.
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Audit Requirement: Inventory of Portable Recording System Technology
Determine the total number of recording devices owned and maintained by the agency; a daily
record of the total number of recording devices actually deployed and used by officers, the
policies and procedures for use of portable recording systems by required by section 626.8473;
and the total amount of recorded audio and video collected by the portable recording system and
maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures
for destruction of the data, and that the data are available to the public.
St. Anthony Police Department’s PRS inventory consists of twenty-four (24) devices. Police
officers check out a device at the beginning of their shift entering their name, employee number
and current date. An inventory of the total number of devices owned by the agency is
maintained on a Microsoft Word document. A review of randomly selected dates from the patrol
schedule were verified against the server log report and confirmed that PRSs are being deployed
and used by officers. The total amount of data collected per quarter is consistent, and a
comparison of calls for service and PRS data collected verifies PRS cameras are being activated.
The St. Anthony Police Department has established and enforces a PRS policy that governs the
use of portable recording systems by peace officers while in the performance of their duties. The
Department’s PRS policy requires uniformed officers to equip themselves with a recorder and to
report malfunctions to a supervisor.
Peace officers were initially trained on the use of PRS’s during a Minnesota Peace Officer
Standards and Training (POST) certified training course. New officers are trained as part of
their field training program.
The server log report details the total amount of PRS data created, deleted, and
stored/maintained. The St. Anthony Police Department utilizes the General Records Retention
Schedule for Minnesota cities and agency specified retention in Arbitrator 360°.
PRS video is fully deleted from the Arbitrator 360° Back-End Client and local file server upon
reaching the scheduled deletion date. Meta data and audit trail information associated to the
deleted video is not maintained in the Arbitrator 360° Back-End Client. The server log report
maintains deleted PRS meta data. PRS data is available upon request, and access may be
requested by submission of a Data Request Form.
No discrepancies noted.
Audit Requirement: Use of Agency-Issued Portable Recording Systems
Determine if peace officers are only allowed to use portable recording systems issued and
maintained by the officer’s agency.
The St. Anthony Police Department’s PRS policy states that Officers are prohibited from using
personally owned recording devices while on-duty without the express consent of the Shift
103
Supervisor/Officer in Charge. An officer who uses a personally recorder for department-related
activities shall comply with the provisions of the policy.
No discrepancies noted.
Audit Requirement: Authorization to Access Data
Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of
portable recording systems and in maintaining portable recording system data.
Supervisors conduct monthly reviews of PRS data and assess whether use is in accordance with
policy. Results of the monthly reviews are summarized in a report to the Chief of Police.
User access to PRS data is managed by the assignment of group roles and permissions in
Arbitrator 360° Back-End Client. Permissions are based on staff work assignments.
Information Technology, under the direction of the Chief of Police or Captain is responsible for
managing the assignment of user rights.
The agency’s PRS policy governs access to, and sharing of, data. Personnel accessing PRS data
document access in the Records Management System Case Notes. Access to PRS data is
captured in the Arbitrator 360° Back-End Client audit trail.
When PRS video is deleted from Arbitrator 360° Back-End Client, its contents cannot be
determined. The St. Anthony Police Department has had no security breaches.
No discrepancies noted.
Audit Requirement: Sharing Among Agencies
Determine if nonpublic PRS data shared with other law enforcement agencies, government
entities, or federal agencies is in accordance with statute.
Law enforcement agencies, government entities, or federal agencies seeking access to PRS data
submit a written request, which is maintained in the case file. Sharing of PRS data with other
law enforcement agencies, government entities, or federal agencies is documented in the Records
Management System dissemination log.
No discrepancies noted.
Audit Requirement: Biennial Audit
Determine if the agency maintains records showing the date and time the portable recording
system data were collected, the applicable classification of the data, how the data are used, and
104
whether data are destroyed as required.
The Arbitrator 360° Back-End Client and a database server log report document the date and
time portable recording system data was collected. All PRS data for the audit period is classified
as private or non-public data. The audit trail and the Records Management System case notes
and dissemination log document how the data are used and shared. Active PRS data within the
Arbitrator 360° Back-End Client includes a classification with an associated retention period and
a scheduled deletion date.
No discrepancies noted.
Audit Requirement: Portable Recording System Vendor
Determine if portable recording system data stored in the cloud, is stored in accordance with
security requirements of the United States Federal Bureau of Investigation Criminal Justice
Information Services Division Security Policy 5.4 or its successor version.
St. Anthony Police Department PRS data is stored on a file server hosted by Metro Inet. The
server is stored in a secure location and access is password protected. A BCA security audit was
last conducted in December of 2019.
No discrepancies noted.
Audit Requirement: Public Comment
Determine if the law enforcement agency provided an opportunity for public comment before it
purchased or implemented a portable recording system and if the governing body with
jurisdiction over the budget of the law enforcement agency provided an opportunity for public
comment at a regularly scheduled meeting.
A Tri-City Body Camera Work Group, consisting of residents of St. Anthony, Falcon Heights,
and Lauderdale, staff, and City Council liaisons, reviewed police policies and protocols, best
practices and trends, and policy development and presented policy recommendations to the Chief
of Police, City Manager and St. Anthony City Council for officer worn cameras. The St.
Anthony Police Department solicited for public comment by Public Notice, and the Chief of
Police accepted questions and comments by email. The St. Anthony City Council held a public
hearing at their October 24, 2017, meeting.
No discrepancies noted.
105
Audit Requirement: Body-worn Camera Policy
Determine if a written policy governing the use of portable recording systems has been
established and is enforced.
The St. Anthony Police Department’s Policy Manual, which includes the PRS policy, is posted
on the agency’s website. The PRS policy was compared to the requirements of Minn. Stat. §
626.8473. The agency’s policy includes all minimum requirements of Minn. Stat. § 626.8473,
Subd. 3.
No discrepancies noted.
This report was prepared exclusively for the City of St. Anthony and St. Anthony Police
Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on
information and documentation provided and examined.
Dated: March 11, 2021 Lynn Lembcke Consulting
_____________________________________________
Lynn Lembcke
106
MEMORANDUM
To: St. Anthony Village City Council
From: Charlie Yunker, City Manager
Date: April 27, 2021 City Council Meeting
Request: ISD 282 Request to Utilize the City Tennis Courts to Hold Their 2021 Prom on May 15, 2021
BACKGROUND
St. Anthony-New Brighton School District 282 staff approached City staff with a request to utilize the City tennis
courts to hold their 2021 prom event. Their need is for an outdoor space as close as possible to their building
that can be easily delineated and ideally has lighting and electricity available. Being that the request involves
City property and expects to exceed 100 attendees, a Special Event Permit is needed.
In addition to the attached permit and commensurate with their existing COVID-19 Response Plan Restart
Blueprint posted on the district website, both linked below, ISD 282 staff provided a summary of their plans and
COVID protocols for the event (current as of compiling the Council Packet):
Maskerade Ball
We will follow all MDH and CDC guidelines for Outdoor Events. St. Anthony Village High School staff will monitor
and enforce rules and procedures. We will also follow our District 282 COVID Plan and procedures from the
District 282 Restart Blueprint.
A. Date: May 15
B. Location: St. Anthony Village Tennis Courts
C. Time
a. Setup: 12:00 pm
b. Social/Dance: 7:00 pm - 11:00 pm (proposed)
D. Activities
a. Grand March
i. Through Central Park potentially
b. Dance and Social
i. Tennis Courts
E. Risk Mitigation Strategies
a. Everyone wears a mask
b. No outside guests (only St. Anthony students and staff chaperones)
c. Limit to 200 attendees (based on state guidelines for outdoor spaces)
i. Juniors and Seniors only
ii. 11 chaperones
iii. Max 189 students
iv. Max 96 students per side of the tennis courts
107
d. Students will sign up in pods of 6
i. Dancing and Socialization - each pod must be 6 feet from other pods
ii. Grand March - need to walk with someone from your pod, pods stay together
e. All attendees will complete Covid screening forms
i. Health questionnaire
ii. Contact info
iii. Other students in pod
f. Extra bathrooms will be brought in
g. No Food???? Or food in separate location (single serve)
RECOMMENDATION
Staff discussed their request and found it to be the best solution and would have minimal impact on the users of
the tennis courts, as it would be closed for just one day, and that happens to be the Friday before the scheduled
replacement of the courts begins on May 17th. Staff also believe the school district’s plan will ensure the event is
conducted safely.
Logistical questions raised by staff such as garbage clean-up, traffic flow, parking and restrooms have been
discussed with the district staff, and City staff are confident the event will run smoothly.
As a result, staff recommends approval of the Special Event Permit to hold the St. Anthony High School 2021
Prom on May 15, 2021 on the City tennis courts.
ATTACHMENTS:
• Special Event Permit
108
" !
Special Event Permit
What kind of event needs this permit?
If your event fits one or more of these criteria, this permit is needed:
Expected attendance of more than 100 people and open to the general public
Event is requesting the use of city property and/or street closures
- There will be amplified live or pre-recorded music
- There will be the sale of alcoholic beverages
Complete this application and return it to the City Clerk's Office at least 45 days prior to the
starting date of the event. Issuance of a Special Event Permit does not, in any way, imply City
sponsorship of the Special Event.
Please be aware that issuance of a Special Event Permit does not constitute a waiver of any
Federal, State or Local laws. Applicants are responsible for complying with all applicable
Federal, State, and Local laws.
Name of Special Event $4vs
Name of Applicant or Organization j,, J), jL )usl. Sauer, S1 4rrhcos, /l(eye ITS
Main contact),, J, S
Nam e 'st Qty et
6@Gress5Z ?l ha ~
zuP 5$u¥
Email Address , _ A j« @ id 29Zog
City
Daytime Phon e 612-70-l(el
Ehr/h, sate My
Event information _ (&};kw)
Starting Date & Time 5///Z1 tw0 P Ending Date & Time
w3»
Hv
Estimated Event Attendane 1S-20o Location
ls the event in coordination with another event? 2N o Y es (Event)
3301 Silver Lake Road, St. Anthony, MN 55418 612-782-3301 I
Provide a detailed description of all activities that will take place: ~y, ly .l,fl [/ /leorl -ill hae a dowe ad Sodclu2hey. U ui rt>lo «
@ids«• to- risrtt sg±..h)-
~t i.llfA~ wdl lclL<dt. s f,,.rf Cl }-~;'1 ~ welcoming Village that is walkable, sustainable
t and safe
109
" Py
Location(s) of event JD) .), [4
parking. ls is lo, «mu4h, getter, (er tt _}ck Let, Sehl .st
Amplified Sound? [No Yes Provide a description of any recording and sound amplification
equipment to be used at your event and the times:
)T Rr den-
Restrooms provided? [No Yes How many?
Company contracted for restrooms
T> be dclenied
Trash Disposal? 5No ]Yes
Company contracted for trash disposal
Event Security Plans
Applicant is responsible for event security. Additional security may be stipulated by the Police
Department. If you have questions about the amount of security to provide, please contact the
Police Department at 612-782-3350.
If event security will be provided by the applicant, please explain arrangements:
If requesting the Police Department to provide security, please provide details:
Date Time to Number of Officers
Date Time to Number of Officers
Date Time to Number of Officers
Emergency Services
If event security will be provided by the applicant, please explain arrangements:
Park Use IM/ I
Name of Par Whaler Tr
If park shelter(s) are requested, please contact Community Services through the link
below:
https://stanthony.ce.eleyo.com/facilities/calendar
Our mission is to be a progressive and
M welcoming Village that is walkable, sustainable
and safe ---- ---- 612-782-3301 www.savmn .com 3301 Silver Lake Road, St. Anthony, MN 55418
110
pint,hip9y Vase
Indemnification Agreement and Insurance Information
T he applicant hereby agrees to save, defend, hold harm less, and indemnify the City of St.
Anthony V illage and all of its officers, departm ents, agencies, agents, and employees
(collectively th e "Ci ty") from and against any and all claim s, losses, dam ages, injuries, fines,
penalties, and costs, incl uding attorn eys' fees, charges, liability, or other exposures, however
caused, resulting fro m , arising out of, or in any way related to the applicant's event as herein
described and applicant's use of City pro perty and/or right-of-way. Nothing herein shall have
any effect on the City's right to assert any liability defense in accordance with Minnesota
Statutes, Chapter 466.
The City, in its sole discretion, may require the Applicant to obtain liability insurance coverage(s)
fo r any event. If the City notifies the Applicant in w riting that liability insurance is required, the
Applicant must pro vide pro of of the appro priate liability insurance(s) in the amount(s) pro vided
herein.
The Applicant must pro vide the City with a Certificate of Insurance showing proof of the required
liability insurance(s). The City m ust be listed as an additional insured on all liability policies.
Applicant's insurance shall act as the prim ary insurance coverage for any claim s of loss covered
by the insurance policy.
The City requires the Applicant to obtain any or all of the following insurance coverage,
in at least the coverage amounts contained herein:
1. C omm ercial general liability insurance or equivalent special event coverage pro tect ing
Applicant and City from claim s fo r dam ages or bodily injury and pro perty damage which
m ay arise out of or in connection with the event's operation and use of the City's
pro perty or right-of-w ay. This general liability insurance policy shall be in an amount not
less than $1,000,000.00 per occurrence.
2. If Applicant w ill be using an autom obile for any portion of the Applicant's event, Applicant
m ust obtain autom obile liability insurance in an am ount not less than $1,000,000.00 per
occurrence. Such policy m ust incl ude liability coverage for ow ned, nonow ned, and hired
autom obiles.
3. If alcohol w ill be serv ed or incl uded in Applicant's event, Applicant m ust obtain liquor
liability (also known as dram shop) insurance in an am ount not less than $1,000,000.00
per occurrence.
T he City reserv es the right to modify these insurance requirements at its sole discretion based
on the nature and scope of Applicant's pro posed event.
Required Attachments
Must be attached to the Special Event Perm it Application when submitted, as applicable:
□A n event map showing requested use of streets and/or sidewalks (fo r a parade, run, etc.) or /y/A w ill use m ultiple locations. Attach a complete map show ing assembly and dispersal locations,
(fl ro ute plan, and any streets or parking lots you are requesting be blocked.
PAGE [3 OF 4
111
chainth}nthoy guis e
p/k□Temporary Liquor License application is required for the sale of alcoholic beverages. MN
State Statute 340A.404 (10) The governing body of a municipality may issue to (1) a club or
charitable, religious, or other nonprofit organization in existence for at least three years, (2) a
political committee registered under section 10A.14, or (3) a state university, a temporary
license for the on-sale of intoxicating liquor in connection with a social event within the
municipality sponsored by the licensee.
[y' If the organization is a registered non-profit, a copy of the IRS determination letter.
Signature of Event Applicant
I understand that I am required to obtain insurance coverage as outlined herein before the City will
approve my use of City property or right-of way. I hereby agree to obtain such coverage as the City may
deem necessary and to provide City all necessary documentation of such insurance coverage. I further
certify under the penalty of perjury that I am authorized to execute contracts and other instruments and
legally bind the Applicant. ,
Signature of Event Applicantp~~ Date 3/;;.r/ 2/
Printed Name and Title of Event Applj
sh .. ve , >
For City Use Only
Please return this page with your signature and comments to the City Clerk as soon as possible
Department
Public Works
Fire Department
Police Department
Signature of Approval Date Staff Comments
Administration -----------
PAGE [4 OF 4
112
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-047
RESOLUTION TO APPROVE THE USE OF THE ST. ANTHONY TENNIS COURTS FOR
ST. ANTHONY –NEW BRIGHTON SCHOOL DISTRICT 282
TO HOST PROM ON MAY 15, 2021
WHEREAS, St. Anthony-New Brighton School District 282 has submitted a special event permit
to use city property to host their prom on May 15, 2021; and
WHEREAS, City staff has reviewed the request and finds it to be acceptable.
THEREFORE, BE IT RESOLVED, the City Council of the City of St. Anthony Village approves
the request for the St. Anthony-New Brighton School District 282 to host their prom on May 15,
2021 from 12 PM to 11 PM at the St. Anthony Village Tennis Courts.
Adopted this 27th day of April, 2021.
_________________________________________
Randy Stille, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Charlie Yunker, City Manager
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114
Website Jan Feb Mar
Total Visitors 4,998 3,800 2,900
St. Anthony/NN Landing
(Page Views) 114 102 73
St. Anthony – Meeting 288 64 212
St. Anthony – City Council 81 47 93
Social Media Jan Feb Mar
NN Facebook posts 49 65 63
NN Facebook Total Likes 1706 1722 1725
March 2021
Programming, Website & Social Media
PROGRAMMING
• PRODUCTION SERVICES:
• Compass Program Series:
• Changing the Landscape of Land Use, Live 3/25
• Cities Speak (5 shows) featuring city and communications officials
{guests include Trista Matascastillo, Dr. Lynn Ogawa & Jacob Loesch)
• Chamber Check In (4 shows) 3/5, 3/12, 3/19 3/26; partnership w/TC North Chamber
• Governor Address Translation (Spanish, Hmong, Somali) LIVE, 3/9, 3/12 & 3/26
• Governor State of the State Translation (Spanish, Hmong, Somali) LIVE, 3/28
• Twin Cities North Chamber GALA, LIVE 3/25
• Out to Lunch (Restaurant Business Feature), 2 shows
• NEW PROGRAMS on NineNorth CHANNELS (130 Total) = 173 hours of programming
• CITY MEETINGS (50 Total): 7 – St Anthony city meetings + web streams
• NORTH SUBURBAN COMMUNICATIONS COMMISSION - Next Mtg – May 20
• RAMSEY COUNTY BOARD MEETINGS: 4, [LIVE Tuesdays, Ch. 19 – 9am]
• SA 282 SCHOOL BOARD MEETINGS: 2, 3/9 & 3/30 [Live Ch. 19 & web]
• RICE CREEK WATERSHED Meetings: 2, 3/9 & 3/24
•
• ADDITIONAL PROGRAMMING:
• St. Anthony HS girls & Boys Basketball, 3/5, 3/12 & 3/15
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116
Date Type Staff Present
May 11 Regular
Planning Commission items from April
Insurance Renewal
Tort Limits - Consent
Order 2022 Feasibility Study
City Council
City Manager
City Engineer
May 25 Regular
Salo Park Concert Series
Chamber of the Year and Business of the Year
Finance Annual Report
City Council
City Manager
Finance Director
June 8 Regular Planning Commission Items from May
Welcome Initiative
City Council
City Manager
June 22 Regular Audit Presentation
City Council
City Manager
Finance Director
July 13 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals update
Spirit of St. Anthony Award
City Council
City Manager
July 27 Regular
Liquor Operations Mid Year Report
VillageFest Presentation
Quarterly Goals Update
Wyland Mayor's Water Challenge
Night to Unite Presentation
Night to Unite Proclamation
City Council
City Manager
Liquor Op Mgr
Police Chief
August 10 Regular Planning Commission items from July
Approve 2022 Feasibility Study and Order Plans and Specs
City Council
City Manager
August 24 Regular
Budget Presentation
Students in Leadership-Consent
SANB #282 Presentation
City Council
City Manager
Finance Director
September 14 Regular
Planning Commission items from August
2022 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Union Contracts
City Council
City Manager
Finance Director
September 28 Regular
Fire Prevention Presentation
Spirit of St. Anthony Award
City Council
City Manager
Fire Dept
October 12 Regular
Planning Commission items from September
Quarterly Donations & Grants
Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
Quarterly Goals Update
1st Reading Water, Sewer, & Stormwater-Public Hearing
City Council
City Manager
FUTURE COUNCIL AGENDA ITEMS
2021
117
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
October 26 Regular 2nd Reading Water, Sewer, & Stormwater-Public Hearing
Approval of CIP
City Council
City Manager
Finance Director
November 9 Regular
Planning Commission items from October
Authorizing polling places for 2022
Final Reading and Adoption Water, Sewer, & Stormwater
City Council
City Manager
November 23 Regular
Fire Prevention Poster Winners
Students in Government Presentation
PD Body Cam Audit
Water Conservation Poster Winners
2022 Fee Schedule
City Council
City Manager
December 14 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 2022 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2022 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
Quarterly Goals update
City Council
City Manager
Finance Director
City Engineer
December 28 Regular City Council
City Manager
January 11 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 25 Regular
Public Works Snow Plowing Operations presentation
NYFS Agreement
Outside Orgs-Council
City Council
City Manager
February 8 Regular
Planning Commission items from January
Public Hearing-Budget Calendar and Process
2022 Planning Commission Work Plan- (motion only)
City Council
City Manager
Finance Director
February 22 Regular
Administration Annual Report
GreenCorp Member application-resolution
Adoption of Strategic Plan
Liquor Annual Report
City Council
City Manager
Liquor Op Manager
March 8 Regular
Planning Commission Items from February
Liquor License Renewals
Public Works Annual Report
2022 Parks and Environmental Commission Work Plan- (motion only)
City Council
City Manager
Public Works Director
2022
118
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
March 22 Regular
Police Annual Report
Wyland Water Challenge
2022 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessment
Call for sale of bonds
City Council
City Manager
Police Dept
City Engineer
April 12 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Fire Annual Report
Arbor Day Proclamation
Earth Day Proclamation
Quarterly Goals Update
City Council
City Manager
Fire Dept
April 26 Regular
2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
Presentation from Nine North-Dana Healy
Body Worn camera audit
City Council
City Manager
City Engineer
119