HomeMy WebLinkAboutCC PACKET 05102022CITY OF SAINT ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
Tuesday, May 10, 2022 at 7:00PM
Join Meeting via Zoom
There is also a dial -in option available. Members of the public who wish to attend the meeting may do so
in person.
Call To Order.
Pledge Of Allegiance.
Roll Call.
Approval Of Agenda.
Proclamations And Recognitions.
Consent Agenda.
Approval Of CC Meeting Minutes
CC 04 -26 -2022.PDF
License And Permits
PERMITSANDLICENSES.PDF
Claims
05 -11 -22.PDF
Resolution 22 -045 - Approving A Request To Keep Four (4) Female Chickens In
An R -1 Zoning District At 3304 32nd Ave NE
APPLICATION MATERIALS.PDF
RESOLUTION 22 -045.PDF
Public Hearing.
Reports From Commission And Staff.
General Business Of Council.
Resolution 22 -046 - RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2022A; 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
Stacie Kvilvang, Ehlers & Associates, presenting.
RESOLUTION 22 -046.PDF
Resolution 22 -047 - Approving The Use Of Central Park Pavilion And Parking Lot
For A Special Event On June 4, 2022
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
SPECIAL EVENT PERMIT -SANBE FOUNDATION.PDF
RESOLUTION 22 -047.PDF
Finance Annual Report
Shelly Rueckert, Finance Director, presenting.
PRESENTATION.PDF
Ordinance 2022 -03 - Amending The St. Anthony City Code By Amending Sections
Related To Swimming Pools, Refuse Handling, Signs, Natural Landscapes,
Parking, Accessory Uses And Administrative Procedures SECOND READING
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
ORDINANCE 2022 -03 DRAFT.PDF
Reports From City Manager And Council Members.
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.
Information And Announcements.
Water Tower Design Contest Results
COVER MEMO.PDF
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
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CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, May 10, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 04 -26 -2022.PDFLicense And PermitsPERMITSANDLICENSES.PDFClaims05-11 -22.PDFResolution 22 -045 - Approving A Request To Keep Four (4) Female Chickens In An R -1 Zoning District At 3304 32nd Ave NE
APPLICATION MATERIALS.PDF
RESOLUTION 22 -045.PDF
Public Hearing.
Reports From Commission And Staff.
General Business Of Council.
Resolution 22 -046 - RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2022A; 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
Stacie Kvilvang, Ehlers & Associates, presenting.
RESOLUTION 22 -046.PDF
Resolution 22 -047 - Approving The Use Of Central Park Pavilion And Parking Lot
For A Special Event On June 4, 2022
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
SPECIAL EVENT PERMIT -SANBE FOUNDATION.PDF
RESOLUTION 22 -047.PDF
Finance Annual Report
Shelly Rueckert, Finance Director, presenting.
PRESENTATION.PDF
Ordinance 2022 -03 - Amending The St. Anthony City Code By Amending Sections
Related To Swimming Pools, Refuse Handling, Signs, Natural Landscapes,
Parking, Accessory Uses And Administrative Procedures SECOND READING
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
ORDINANCE 2022 -03 DRAFT.PDF
Reports From City Manager And Council Members.
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.
Information And Announcements.
Water Tower Design Contest Results
COVER MEMO.PDF
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:
VII.
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CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, May 10, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 04 -26 -2022.PDFLicense And PermitsPERMITSANDLICENSES.PDFClaims05-11 -22.PDFResolution 22 -045 - Approving A Request To Keep Four (4) Female Chickens In An R -1 Zoning District At 3304 32nd Ave NEAPPLICATION MATERIALS.PDFRESOLUTION 22 -045.PDFPublic Hearing.Reports From Commission And Staff.General Business Of Council.Resolution 22 -046 - RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A; 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 THEREOFStacie Kvilvang, Ehlers & Associates, presenting.RESOLUTION 22 -046.PDFResolution 22 -047 - Approving The Use Of Central Park Pavilion And Parking Lot For A Special Event On June 4, 2022Charlie Yunker, City Manager, presenting.COVER MEMO.PDFSPECIAL EVENT PERMIT -SANBE FOUNDATION.PDFRESOLUTION 22 -047.PDFFinance Annual ReportShelly Rueckert, Finance Director, presenting.PRESENTATION.PDFOrdinance 2022 -03 - Amending The St. Anthony City Code By Amending Sections Related To Swimming Pools, Refuse Handling, Signs, Natural Landscapes, Parking, Accessory Uses And Administrative Procedures SECOND READINGSteve Grittman, City Planner, presenting.COVER MEMO.PDFORDINANCE 2022 -03 DRAFT.PDFReports From City Manager And Council Members.Community ForumIndividuals 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.
Information And Announcements.
Water Tower Design Contest Results
COVER MEMO.PDF
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:VII.VIII.IX.A.Documents:B.Documents:C.Documents:D.Documents:X.XI.
XII.
A.
Documents:
B.
Documents:
XIII.
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4
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 APRIL 26, 2022
4
5 CALL TO ORDER.
6
7 Mayor Stille called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster.
16 Absent:None
17 Also Present:City Manager Charlie Yunker, City Engineer Justin Messner, and City Planner Steve
18 Grittman
19 Guests:
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 I.APPROVAL OF APRIL 26, 2022 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Randle, seconded by Councilmember Webster, to approve the City
27 Council Meeting Agenda of April 26, 2022 as presented.
28
29 Motion carried 5-0.
30
31 II.PROCLAMATIONS AND RECOGNITION – NONE.
32
33 III.CONSENT AGENDA.
34
A.35 Approval of April 12, 2022 City Council Meeting Minutes.
B.36 Licenses and Permits.
C.37 Claims.
38
39 Motion by Councilmember Walker, seconded by Councilmember Jenson, to approve the Consent
40 Agenda items.
41
42 Motion carried 5-0.
43
44 IV.PUBLIC HEARING.
45
A.46 2022 Street and Utility Improvement Projects
47
a.48 Resolution 22-037 – Ordering Improvements for the 2022 Street and Utility
49 Improvements.
5
City Council Regular Meeting Minutes
April 26, 2022
Page 2
1
2 Mayor Stille opened the public hearing at 7:03 p.m.
3
4 City Engineer Messner reviewed the summary of the 2022 Street and Utility
5 Improvement Project.
6
7 The project location for street reconstruction is Rankin Road. The project locations
8 for the Mill and Overlay Project are Crestview Drive (29th Avenue to 31st Avenue),
9 Armour Terrace (Silver Lake Road to Crestview Drive), Bell Lane (Armour Terrace
10 to Crestview Drive), East Gate Road (Crestview Drive to Rankin Road), Coolidge
11 Street Alley (Murray Avenue to 29th Avenue), Murray Ave/St. Anthony Blvd Alley
12 (Wilson Street to Coolidge Street) and 29th Ave/St. Anthony Blvd Alley (bounded by
13 29th Avenue, Roosevelt Street, St. Anthony Boulevard, and Stinson Boulevard.
14
15 Mr. Messner reviewed the common construction concerns and how those concerns
16 will be addressed. He noted additional information regarding street reconstruction
17 projects for the City of St. Anthony can be found by visiting the “St. Anthony Village
18 Reconstruction Process” webpage located under the Government tab on the City’s
19 website at http://www.savmn.com.
20
21 The assessment policy for street reconstruction for up to 30-foot wide, 10-ton design
22 roadway properties are assessed on unit basis Residential 35%. interior lots are
23 considered 1 unit and corner lots are considered 0.5 unit on each roadway.
24
25 The assessment policy for residential roadway mill and overlay are assessed on unit
26 basis Residential 50% interior lots are considered 1 unit and corner lots are
27 considered 0.5 unit on each roadway.
28
29 The assessment policy for alley mill and overlay are assessed on unit basis
30 Residential 100% interior lots are considered 1 unit and corner lots are considered 1
31 unit.
32
33 Mr. Messner reviewed the Funding Summary for the 2022 Street and Utility
34 Improvements. He gave an explanation of the assessment process. Maps of the
35 assessed areas for each project were provided for Council review. The Assessment
36 Payback Tables for Residential were reviewed. The Project Schedule was provided
37 and reviewed.
38
39 Mayor Stille noted at the last meeting Council provided for the sales of bonds but
40 they were not awarded and that is yet to be done.
41
42 Councilmember Webster stated on the construction concerns it listed electric
43 vehicles. Currently there is no public charging station in St. Anthony. Mr. Messner
44 stated this came up a couple of years ago and the City purchased two mobile charging
45 stations. They can be installed at a nearby power pole and the only access would be
46 for residents who would be using them. Staff has been looking at public charging
6
City Council Regular Meeting Minutes
April 26, 2022
Page 3
1 stations and a proposal will be coming before the City Council at a future date. The
2 City has purchased two electric vehicles.
3
4 Mr. Don Jenson, 3004 Armour Terrace, is part of the mill and overlay project. He
5 provided a two-page summary of his concerns to the City Council. He has no problem
6 with the project moving forward. His issue is the amount of disclosure that comes to
7 the residents. He would like more detail on the breakdown of the assessment. There
8 has not been sufficient time for residents to review. There needs to be a better way to
9 communicate to the residents in the future. More payback options needs to be
10 provided. He does not know how the math works for the City’s and the resident’s
11 portion of the mill and overlay assessment. There are 81 residents on the mil and
12 overlay assessment list and suggested a mailing be sent asking who would be willing
13 to prepay. He suggested some of the possibilities might be a better way of doing
14 business. Mr. Jenson asked for a courtesy copy of the draft minutes.
15
16 Mayor Stille thanked Mr. Jenson for his suggestions and comments.
17
18 Mayor Stille closed the public hearing at 7:44 p.m.
19
20 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve
21 Resolution 22-037 – Ordering Improvements for the 2022 Street and Utility
22 Improvements.
23
24 Motion carried 5-0.
25
b.26 Resolution 22-038 – Adopting and Confirming Assessments for the 2022 Street and
27 Utility Improvements.
28
29 Motion by Councilmember Webster, seconded by Councilmember Randle, to approve
30 Resolution 22-038 – Adopting and Confirming Assessments for the 2022 Street and
31 Utility Improvements.
32
33 Motion carried 5-0.
34
c.35 Resolution 22-039 – Awarding a Bid for the 2022 Street and Utility Improvements.
36
37 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve
38 Resolution 22-039 – Awarding a Bid for the 2022 Street and Utility Improvements
39 for McNamara Contracting for $2,123,247.60.
40
41 Motion carried 5-0.
42
B.43 Code Amendments Revisions
44
a.45 Ordinance 2022-01 – Amending the St. Anthony City Code by Amending Deleting
46 the C. Commercial Zoning District and Replacing it in its Entirety.
7
City Council Regular Meeting Minutes
April 26, 2022
Page 4
1
2
3
4 City Planner Grittman reviewed the Planning Commission and City Staff have been
5 engaged in working through updates to the City Code and portions of the Zoning
6 Ordinance. Previously, The City Council approved updates to the Accessory Building
7 zoning regulations, as well as the R-4 zoning district standards.
8
9 A new set of proposed amendments is provided this evening for City Council action.
10 These have been reviewed by the Planning Commission at public hearings for each set of
11 amendments, and the subject of a recent City Council work session on April 12, 2022.
12 The new standards would affect new uses going forward.
13
14 The amendments consist of three general sets of code, each of which is in a separate
15 ordinance. First is a revision to the “C”, Commercial District zoning regulations. The
16 regulations have been reworked to broaden the categories of allowed uses, dealing more
17 directly with the nature of the use, rather than the specific business.
18
19 Conditional uses have been called out more specifically, and sets of required conditions
20 have been added or modified for certain of those businesses that have been shown to
21 require them. In addition to the categorization and uses, the most significant changes
22 relate to the addition of brewery/taproom facilities to the list of conditional uses, and
23 broadening “gasoline sales” to include alternative fuels. Automobile sales and service
24 have been separated to deal with the unique aspects of each use. Generally, the lot size
25 and setback regulations have been left in place.
26
27 Mr. Grittman reviewed the second proposed ordinance addresses the “L-1” Light
28 Industrial District. This district has been updated in a fashion similar to the Commercial
29 District language, categorizing the permitted uses more generally, and addressing the
30 conditional uses more specifically. For the L1 District, the primary changes relate to
31 trucking and warehousing (focusing more directly on manufacturing uses). Per the
32 Council’s discussion at the work session, brewery/taproom uses have not been included
33 in the district.
34
35 Mr. Grittman reviewed the third ordinance document is a collection of several code
36 updates reflecting staff experiences with public inquiries and code enforcement
37 observations. These include general administration (fees and/or processing requirements),
38 signs (reconciling political campaign sign regulations with state law), and three larger
39 categories of change: swimming pools, rubbish collection/storage, and natural
40 landscapes.
41
42 Mayor Stille noted the third ordinance would be for first reading.
43
44 Councilmember Jenson stated the changes are well worded and he appreciates the
45 number of people who helped developed the amendments. He thanked the Planning
46 Commission and Staff for their work.
8
City Council Regular Meeting Minutes
April 26, 2022
Page 5
1
2 Councilmember Webster stated she appreciated the process used to make these revisions
3 that address the changing needs of the community.
4
5 Councilmember Walker commented about the safeguards for pools, hot tubs and spas.
6 He suggested the wording be “required to have safeguards”. Councilmember Walker also
7 asked about the discharge of water and how that would be enforced. Mr. Grittman stated
8 it would most likely be by resident notification.
9
10 Mayor Stille stated the code inspector has an easier time with enforcement with the
11 revised code. He thanked the Planning Commission for their work.
12
13
14
15 Motion by Councilmember Jenson, seconded by Councilmember Walker, to adopt
16 Ordinance 2022-01, Amending the “C” Commercial Zoning District, Section 152.120 –
17 152.125, in its entirety.
18
19 Motion carried 5-0.
20
i.21 Resolution 22-040 – Approving Summary of Publication for Ordinance 2022 – 01
22
23 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve
24 Resolution 22-040 – Approving Summary of Publication for Ordinance 2022 – 01.
25
26 Motion carried 5-0.
27
b.28 Ordinance 2022-02 – Amending the St. Anthony City Code, By Amending Deleting
29 the L-1, Light Industrial Zoning District and Replacing it in its Entirety.
30
31 Motion by Councilmember Walker, seconded by Councilmember Jenson, to adopt
32 Ordinance 2022-02, Amending the LI Light Industrial District Section 152.130 –
33 152.135 in its entirety.
34
35 Motion carried 5-0.
36
i.37 Resolution 22-041 – Approving Summary of Publication for Ordinance 2022 – 02
38
39 Motion by Councilmember Webster, seconded by Councilmember Randle, to approve
40 Resolution 2022-041 – Approving Summary of Publication for Ordinance 2022 – 02.
41
42 Motion carried 5-0.
43
44
9
City Council Regular Meeting Minutes
April 26, 2022
Page 6
c.1 Ordinance 2022-03 – Amending the St. Anthony City Code by Amending Sections
2 Related to Swimming Pools, Refuse Handling, Signs, Natural Landscapes, Parking,
3 Accessory Uses and Administrative Procedures.
4
5 Motion by Councilmember Webster, seconded by Councilmember Walker, to
6 approve First Reading of Ordinance 2022-03, Amending various sections of the City
7 Code relating to Administration, Swimming Pools, Rubbish Collection, Signs,
8 Natural Landscapes, and other sections.
9
10 Motion carried 5-0.
11
i.12 Resolution 22-042 Approving Summary Publication for Ordinance 2022-03.
13
14 This Resolution will not be acted on as the Ordinance was approved for First
15 Reading.
16
17 V.REPORTS FROM COMMISSION AND STAFF – NONE.
18
19 VI.GENERAL BUSINESS OF COUNCIL.
20
A.21 Resolution 22-043 – Renewing the Master Partnership Contract with the Minnesota
22 Department of Transportation.
23
24 City Engineer Messner reviewed before Council this evening is a proposed master partnership
25 contract between the Minnesota Department of Transportation (Mn/DOT) and St. Anthony
26 Village. The Master Partnership Contract provides a framework for Mn/DOT and Local
27 Agencies to provide services and payment to each other. A few Mn/DOT provided routine
28 services are included in the contract (Exhibit A) but all other services require work orders
29 describing costs and scope.
30
31 Councilmember Webster asked about the City using MSA funds and using MnDOT. She asked
32 how many projects are MSA roadways. Mr. Messner stated on average 20% of the projects for
33 which MnDOT is utilized.
34
35 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve
36 Resolution 22-043 – Approving Renewal of the Master Partnership Contract with the Minnesota
37 Department of Transportation.
38
39 Motion carried 5-0.
40
B.41 Resolution 22-044 – Approving a Contract with MNSPECT, LLC to Provide Building
42 Inspection Services.
43
44 City Manager Yunker reviewed at its regular meeting on March 24, 2015, the St. Anthony City
45 Council approved a Joint Powers Agreement with the City of New Brighton for building
46 inspection services which was effective May 1, 2015.
10
City Council Regular Meeting Minutes
April 26, 2022
Page 7
1
2 The collaboration has worked well over the past 6+ years, but the workload has become too
3 much for the New Brighton staff to continue providing services for St. Anthony. New Brighton
4 has already supplemented services with MNSPECT, LLC, and that firm is currently handling
5 The Hayden construction project. Staff was approached by New Brighton to exit the agreement
6 on or about May 1, 2022. It was made clear that this was simply a result of workload, and they
7 regretted needing to exit the collaboration.
8
9 As a result, the City is in need of building inspection services. Staff sought proposals from
10 MNSPECT, LLC and Inspectron, Inc. and is recommending MNSPECT, LLC due to lower cost
11 and some familiarity with the City and due to already working on The Hayden project. The
12 contract has a three-year term with a 90-day notification for early termination should we find that
13 this contract does not fit the City’s needs.
14
15 Councilmember Jenson asked if City Manager Yunker is happy with the Hayden project and Mr.
16 Yunker stated he has not heard of any issues and he is confident with them.
17
18 Councilmember Randle stated he believes it is a good move for the City.
19
20 Mayor Stille stated this could be a stop-gap. Mr. Yunker stated they are in discussions with other
21 cities but that would take a while.
22
23 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve Resolution
24 22-044 – Approving a Contract with MNSPECT, LLC. To Provide Building Inspection Services.
25
26 Motion carried 5-0.
27
28 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
29
30 City Manager Yunker stated Spring Clean Up Day at Public Works from 9:00 a.m. – 12:00 noon.
31 is May 7. Residents should register on the City’s website. Branch chipping will take place May
32 16 – 18, 2022.
33
34 Councilmember Webster stated she wanted to highlight May 14, 2022 will be the Electric
35 Transportation Event and May 21, 2022 a Metro Fire Operations Training will be held. There
36 will be a North Suburban Cable Commission Meeting.
37
38 Councilmember Randle had no report.
39
40 Councilmember Jenson stated last Thursday he attended the Metro Cities Annual Meeting.
41
42 Councilmember Walker had no report.
43
44 Mayor Stille stated April 14, 2022, he was at a mixer for Mississippi Watershed Management
45 Organization. On April 18, 2022, there was a meeting with the School Board, the City and
46 Representative Fiest and Senator Kunish regarding the proposed Community Center. On April
11
City Council Regular Meeting Minutes
April 26, 2022
Page 8
1 20, 2022, the MWMO interviewed Executive Director candidates and offered the position to
2 Kevin Wright, former Councilmember of Minneapolis. He attended the April 21, 2022, Board
3 Meeting for Metro Cities. Today there was an executive meeting at MWMO. Representative
4 Fiest and Senator Kunish and Daniel Lightfoot and Irene Kao with the League of MN Cities with
5 Mayor Stille had a meeting earlier today.
6
7 VIII.COMMUNITY FORUM.
8
9 Ms. Lona Doolan, 3511 Harding Street, invited St. Anthony residents to participate in No Mow
10 May. This involves residents not cutting their grass until June. This helps pollinators thrive by
11 not cutting the grass during May. Code 94.32 could be suspended during the month of May
12 which would allow the grass to become long without being in violation of the Code. Ms. Doolan
13 stated there is just a question of the type of grass whether being native or wild.
14
15 Ms. Barb Draper, 2608 Armour Terrace, stated she is in favor of No Mow May. This cost
16 nothing to be pollinator friendly. New Brighton has adopted this already. She would like some
17 clarification that allows for No Mow May. Mayor Stille stated the City will get back to Ms.
18 Draper about the loosening of the Code.
19
20 Ms. Erin Jordahl Redlin, 3012 Armour Terrace, stated she is also in favor of No Mow May and
21 reminded residents not to work in their gardens as the pollinators will thrive there also.
22
23 IX.INFORMATION AND ANNOUNCEMENTS.
24
25 Mayor Stille announced on April 27, 2022 the St. Anthony Fire Department will introduce new
26 recruits and swear them in at the School Auditorium at 7:00 p.m.
27
28 Mayor Stille referred to the Earth Day Proclamation, unfortunately it rained before 9:30 a.m.
29 There were a number of residents at Salo Park. Mr. Yunker showed photographs that were
30 taken. John and Megan McCloud, Rob, Cliff and Betty Ware, Joan Deritcko were all there and
31 helped pick up trash in Salo Park.
32
33 On April 23, 2022, Council was invited to an event at Hidden Treasures. They were promoted
34 locally made items. It was a craft fair. There were a number of St. Anthony residents present.
35 AARP named St. Anthony the 7th most livable City in the population bracket within the USA.
36
37 Ms. Lona Doolan provided an update on the clean up activities at Trillium Park, Emerald Park,
38 and Central Park, noting they met some new residents in St. Anthony and it was a good turn-out
39 in spite of the rain.
40
41 X. ADJOURNMENT.
42
43 Mayor Stille adjourned the meeting at 8:25 p.m.
44
45 Respectfully submitted,
46 Debbie Wolfe
12
City Council Regular Meeting Minutes
April 26, 2022
Page 9
1 TimeSaver Off Site Secretarial, Inc.
2
3 Mayor
4 ATTEST:
5 City Clerk
6
13
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14
Saint Anthony Village
DATE: May 10, 2022 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Northeast Tree, Minneapolis, MN
Twin Cities Sign Installations, Cottage Grove, MN
Mechanical Contractors Licenses:
All Systems Mechanical, Roseville, MN
Knight Heating & Air Conditioning, Otsego, MN
Residential Rental Licenses:
Applicant:3108 LLC
Location:3108 31st Ave NE
Applicant:Hung Quan
Location:3132 Silver Lake Rd NE
Temporary Liquor License
Applicant:SANBE Foundation
15
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16
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 4/28/2022 - 5/11/2022 May 04, 2022 11:48AM
Vendor Number Payee Check Number Check Issue Date Amount
13160 NATIONAL REGISTRY OF EMERGENCY 46747 04/30/2022 50.00- V
11798 CENTRAL PENSION FUND LOCAL #49 46785 04/29/2022 5,760.00
10710 ICMA RETIREMENT TRUST 46786 04/29/2022 1,155.00
1118 56 BREWING 46787 05/11/2022 108.00
10010 ABLE FENCE, INC.46788 05/11/2022 390.00
10011 ABLE HOSE & RUBBER LLC 46789 05/11/2022 26.77
13061 ADVANTAGE SIGNS & GRAPHICS INC 46790 05/11/2022 81.12
10039 AIRGAS USA LLC 46791 05/11/2022 341.20
1122 AM CRAFTS SPIRITS 46792 05/11/2022 84.70
10092 APACHE GROUP 46793 05/11/2022 104.96
1100 ARTISIAN BEER COMPANY 46794 05/11/2022 11,125.20
10116 ASPEN WASTE SYSTEMS INC 46795 05/11/2022 224.94
10125 ASTLEFORD INTERNATIONAL 46796 05/11/2022 64.84
1013 BELLBOY CORPORATION 46797 05/11/2022 2,850.40
1014 BELLBOY CORPORATION 46798 05/11/2022 729.25
10172 BIFFS, INC.46799 05/11/2022 121.72
2009 BLACK STACK BREWING 46800 05/11/2022 992.00
10185 BOUND TREE MEDICAL LLC 46801 05/11/2022 185.98
8544 BOURGET IMPORTS 46802 05/11/2022 293.25
1018 BREAKTHRU BEVERAGE MN BEER 46803 05/11/2022 24,162.67
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 46804 05/11/2022 7,306.69
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 46805 05/11/2022 2,120.76
13044 CAPITAL ONE TRADE CREDIT 46806 05/11/2022 1,656.96
1017 CAPITOL BEVERAGE SALES 46807 05/11/2022 14,205.00
10263 CENTURYLINK 46808 05/11/2022 175.90
10290 CITY OF NEW BRIGHTON 46809 05/11/2022 32,274.45
1010 CLEAR RIVER BEVERAGE COMPANY 46810 05/11/2022 1,041.75
12561 CORE & MAIN LP 46811 05/11/2022 404.44
1042 CRYSTAL SPRINGS ICE 46812 05/11/2022 341.05
10373 DAILEY DATA & ASSOCIATES 46813 05/11/2022 490.56
10468 ELECTRO WATCHMAN INC 46814 05/11/2022 4,283.25
10508 FERGUSON WATERWORKS 46815 05/11/2022 143.73
10526 FLEETPRIDE 46816 05/11/2022 41.24
11866 GALLS 46817 05/11/2022 74.96
10578 GOPHER STATE ONE CALL 46818 05/11/2022 457.60
10636 HEDBACK & CARLSON PLLC 46819 05/11/2022 3,500.00
1019 HOHENSTEIN'S, INC 46820 05/11/2022 13,772.15
10684 HOME DEPOT CREDIT SERVICES 46821 05/11/2022 531.53
11547 INFOBUREAU SERVICES INC 46822 05/11/2022 15.00
11754 INTEGRATED LOSS CONTROL, INC.46823 05/11/2022 636.00
12105 INTERSTATE ALL BATTERY CENTER 46824 05/11/2022 879.30
13161 JIM SAWYER PROFESSIONAL AUDIO SVC LLC 46825 05/11/2022 162.00
1016 JJ TAYLOR DISTRIBUTING 46826 05/11/2022 12,585.56
1004 JOHNSON BROTHERS LIQUOR COMPANY.46827 05/11/2022 4,777.71
1005 JOHNSON BROTHERS LIQUOR COMPANY.46828 05/11/2022 3,418.52
1006 JOHNSON BROTHERS LIQUOR COMPANY.46829 05/11/2022 10,795.61
1044 JOHNSON BROTHERS LIQUOR COMPANY.46830 05/11/2022 19,351.16
12615 JOHNSON CONTROLS FIRE PROTECTION LP 46831 05/11/2022 709.26
10857 LMCIT % BERKLEY ADMINISTRATORS 46832 05/11/2022 2,359.40
10874 MACQUEEN EQUIPMENT GROUP 46833 05/11/2022 503.39
11985 MANSFIELD OIL COMPANY 46834 05/11/2022 7,463.50
2029 MEGA BEER 46835 05/11/2022 258.00
10916 MENARDS LUMBER 46836 05/11/2022 41.70
17
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 4/28/2022 - 5/11/2022 May 04, 2022 11:48AM
Vendor Number Payee Check Number Check Issue Date Amount
10932 METROPOLITAN COUNCIL 46837 05/11/2022 4,920.30
10931 METROPOLITAN COUNCIL - WASTEWATER 46838 05/11/2022 60,801.64
10939 MIDWAY FORD 46839 05/11/2022 81.50
12940 MINNEHAHA BLDG MAINTENANCE 46840 05/11/2022 76.95
10994 MINNESOTA OCCUPATIONAL HEALTH 46841 05/11/2022 128.00
12594 MINNESOTA POLLUTION CONTROL AGENCY 46842 05/11/2022 23.00
12058 MINNESOTA STREET SUPERINTENDENTS ASSO 46843 05/11/2022 100.00
1051 NEW FRANCE WINE COMPANY 46844 05/11/2022 665.50
11153 NORTHWESTERN POWER EQUIPMENT 46845 05/11/2022 5,093.60
1067 ORIGIN WINE & SPIRITS 46846 05/11/2022 490.05
11185 PACE ANALYTICAL SERVICES, INC.46847 05/11/2022 303.00
1012 PAUSTIS & SONS 46848 05/11/2022 4,836.22
1001 PHILLIPS WINE & SPIRITS 46849 05/11/2022 4,966.84
1002 PHILLIPS WINE & SPIRITS 46850 05/11/2022 3,201.56
12447 PMG 56 LLC MN SERIES 46851 05/11/2022 156.85
2043 PORTAGE BREWING COMPANY 46852 05/11/2022 210.00
12747 PRECISE MRM LLC 46853 05/11/2022 50.00
2019 PRYES BREWING COMPANY 46854 05/11/2022 682.67
12311 PUCKETTS RECYCLING 46855 05/11/2022 120.00
11302 RAMSEY COUNTY 46856 05/11/2022 14,490.00
1062 RED BULL DISTRIBUTION COMPANY 46857 05/11/2022 140.50
1065 SAINT CROIX 46858 05/11/2022 160.00
11411 SIMON, SANDY 46859 05/11/2022 79.99
2018 SMALL LOT WINES 46860 05/11/2022 237.00
1024 SOUTHERN GLAZER'S OF MN 46861 05/11/2022 10,074.91
1008 SOUTHERN GLAZER'S OF MN 46862 05/11/2022 8,812.30
1026 SOUTHERN GLAZER'S OF MN 46863 05/11/2022 18,907.75
1036 SOUTHERN GLAZER'S OF MN 46864 05/11/2022 1,047.17
11457 ST ANTHONY VILLAGE CENTER, LLC 46865 05/11/2022 2,571.16
11478 STAR TRIBUNE 46866 05/11/2022 580.32
11994 STERICYCLE INC 46867 05/11/2022 42.29
11502 STREICHER'S 46868 05/11/2022 253.98
12920 SVAP III SILVER LAKE VILLAGE LLC 46869 05/11/2022 2,456.58
11566 TIMESAVER OFF SITE SECRETARIAL 46870 05/11/2022 190.50
11586 TRACY PRINTING 46871 05/11/2022 781.50
1098 TRADITION WINE & SPIRITS 46872 05/11/2022 838.00
11819 TRUE NORTH ELECTRIC 46873 05/11/2022 562.50
11637 UNITED ELECTRIC COMPANY 46874 05/11/2022 49.20
2037 URSA MINOR BREWING 46875 05/11/2022 736.98
12163 VAN PAPER COMPANY 46876 05/11/2022 177.18
11674 VERIZON WIRELESS 46877 05/11/2022 1,734.17
11681 VIKING ELECTRIC SUPPLY INC 46878 05/11/2022 106.80
1025 VINOCOPIA 46879 05/11/2022 346.50
11706 WATER CONSERVATION SERVICE INC 46880 05/11/2022 309.95
11933 WIMACTEL INC 46881 05/11/2022 50.00
12648 WINDSTREAM 46882 05/11/2022 57.23
1034 WINE COMPANY/THE 46883 05/11/2022 2,696.00
1038 WINE MERCHANTS INC 46884 05/11/2022 673.15
1032 WINEBOW 46885 05/11/2022 276.75
11704 WM CORPORATE SERVICES INC 46886 05/11/2022 858.98
11740 XCEL ENERGY 46887 05/11/2022 18,331.93
18
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 4/28/2022 - 5/11/2022 May 04, 2022 11:48AM
Vendor Number Payee Check Number Check Issue Date Amount
Grand Totals: 371,069.08
19
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20
MEMORANDUM
To: St. Anthony Village City Council
From: Stephen Grittman, City Planner
Date: City Council Regular Meeting: May 10, 2022
NAC Project No. 323.01 – 22.05
Request: Request to keep up to four (4) chickens in an R-1 Zoning District
Location: 3304 32nd Avenue NE
DISCUSSION AND STAFF RECOMMENDATION
Staff has received an application from the owners at 3304 32nd Avenue NE requesting a permit to keep up
to four female chickens at their residential property. The property is zoned R-1, Single Family Residential,
and is surrounded by single family homes in all directions.
The Applicants have provided a site
plan of the property showing the
location and dimensions of the
chicken coop in relation to their
property. The proposed location is
in the rear yard, separated from the
neighbor’s existing privacy fence.
The applicants have indicated
proposed materials as wood, sitting
atop the run, which would be wire
fencing and wood supports. The
coop is proposed to 4 feet wide by
6 feet long, above the run with a
dimension of 5 feet by 10 feet. The
enclosure would be 10 feet from
both the rear and side property
lines.
The fence, along with existing vegetation, would appear to obscure view of the structure from neighbors.
It would appear that the proposed location is reasonably well situated in this regard. The recent
amendments to the accessory building regulations permit an animal shelter of up to 36 square feet and
incorporates such a structure into the allowable uses on residential property. The proposal is consistent
with this allowance.
Page 2
As noted, the applicants are requesting approval for three female chickens (hens). The City’s requirements
specify that the chickens must all be hens, no male roosters permitted on the property to avoid noise
concerns. The application indicates compliance with this condition.
CITY CODE RELATED TO REQUEST
Title IX General Regulations, Chapter 91 Animals, Section § 91.56 KEEPING OF CERTAIN ANIMALS states
that “No person may keep swine, cattle, horses, goats, or more than 2 dogs or 3 dogs allowed under §
91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted land,
without approval of the City Council. The City Council may, before approving or denying any request for
approval, request a report from the Health Officer concerning the effect on public health.”
REQUESTED ACTION
Staff has reviewed the request, and recommends approval of the request.
1. Motion to adopt a resolution approving the request to keep three female chickens on the
property located at 3304 32nd Avenue NE. A resolution reflecting approval is attached to this
staff report.
Alternate Motion
2. Motion to deny the request for chickens at 3304 32nd Avenue NE, and direct staff to prepare a
resolution declaring terms of the same. In the event the City Council chooses denial of the
request, it should clearly state its reasons for the denial and direct staff to prepare a resolution
based on said findings.
Page 3
ATTACHMENTS
Exhibit A: Request Letter and Diagrams
Exhibit B: City Council Resolution
Stephanie Gingerich
3304 32nd Ave NE
Saint Anthony, MN, 55418
515-490-3697
sdgingerich@gmail.com
April 27, 2022
Saint Anthony Village Council
3301 Silver Lake Road
Saint Anthony, MN 55418
Dear Council Members,
We are writing to request a permit to have 3-4 female chickens in a backyard coop at 3304 32nd Ave NE
in St. Anthony. Attached is a drawing of our property including details of our backyard and proposed
location for the chicken coop and run.
The raised chicken coop itself will be approximately 4’x6’ in diameter and made of wood. It will sit atop
a chicken run, which will be approximately 5’x10’ made of chicken wire and wood for structure. The
coop and run will be approximately 10’ from the nearest property lines. The south of the property has a
privacy fence, which will block most of the view. In addition, the three trees we have planted in our
property will also offer some visual block of the coop. The east side of the property has a large pine tree
and playset, which would offer some block of the view of the coop.
We have reached out to all our neighbors and communicated our intent. Not only were they supportive,
they were also excited to be recipients of local fresh eggs! We have communicated our plan to raise
hens for eggs and offer additional responsibility and exposure to our children for caring for animals. We
have been clear that we are open to concerns and feedback from our neighbors.
Thank you for your time and consideration of our request. We look forward to hearing from you. Please
feel free to contact us with any questions.
Kindly,
Stephanie and Stefan Gingerich, Dianela (9) and Brendan (6)
21
House and garage:
3304 32nd Ave NE
Patio
Small garden with oak tree
Play
structure:
Swings
and slide
Neighbor owns privacy fence south of property: two private sections with a chain
link connecting both wooden fence structures
Chain link fence to the west of
the property; owned by
neighbor
Proposed chicken coop
location: 4’x6’ coop with a
run 5’x10’
Driveway
N
10’ from
property
line
10’ from property line
22
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-045
RESOLUTION TO APPROVE A REQUEST TO KEEP FOUR (4) FEMALE CHICKENS
IN AN R-1 ZONING DISTRICT AT 3304 32ND AVE NE
WHEREAS, staff received a request from Stephanie and Stefan Gingerich and family,
for permission to keep chickens on the property located at 3304 32nd Ave NE;
and
WHEREAS, the City of St. Anthony Code of Ordinances, Section 91.56, Keeping of Certain
Animals, specifies that livestock, including fowl, require approval from the City
Council; and
WHEREAS, Stephanie and Stefan Gingerich and family have submitted a written request for
approval from the City Council, as outlined in Subsection 91.56, to approve their
request to keep chickens; and
WHEREAS, Stephanie and Stefan Gingerich and family have submitted a geographical
description of the placement of the enclosure that will house the chickens in
relation to their property; and
WHEREAS, Hennepin County Environmental Health Division has stated that this matter is
within the City’s jurisdiction and authority; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village approves the request to keep four (4) female chickens in an R-1 Zoning District at 3304
32nd Ave NE.
AND BE IT FURTHER RESOLVED the placement of the coop must meet setback
requirements of at least 5 feet from the side and rear property lines.
APPROVED in the regular session of the City Council on May 10, 2022.
_________________________________________
Randy Stille, Mayor
ATTEST:___________________________
City Clerk
Review for Administration: _______________________________________
Charlie Yunker, City Manager
23
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24
4876-8449-2315\3
CERTIFICATION OF MINUTES RELATING TO
$[PAR] GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A
Issuer: City of St. Anthony, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on May 10, 2022, 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 22-046
RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2022A; 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 11th day of May, 2022.
(SEAL)
City Clerk
25
4876-8449-2315\3
It was reported that [_______] ([___]) sealed proposals for the purchase of the $[PAR]
General Obligation Improvement Bonds, Series 2022A were received prior to 10:30 A.M.,
Central Time on May 10, 2022, 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)
26
4876-8449-2315\3
Councilmember _________________ introduced the following resolution (the
“Resolution”) and moved its adoption, which motion was seconded by Councilmember
_________________:
RESOLUTION 22-046
RESOLUTION RELATING TO $[PAR] GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2022A; 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 City Council, by resolution duly adopted on April 12, 2022,
authorized the issuance and sale of its General Obligation Improvement Bonds, Series 2022A
(the “Bonds”), pursuant to Minnesota Statutes, Chapters 429 and 475, for the purpose of
financing certain improvement projects within the City (the “Project”) and to pay costs
associated with the issuance of the Bonds.
1.02. Sale. Pursuant to the Terms of Proposal and the Preliminary Official Statement
prepared on behalf of the City by Ehlers & Associates, Inc. (“Ehlers”), municipal advisors to the
City, sealed or electronic proposals for the purchase of the Bonds were received at or before the
time specified for receipt of proposals. The proposals have been opened and 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
[______________], and associates (the “Purchaser”), to purchase the Bonds at a purchase price
of $[________], on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Clerk are hereby authorized and directed on behalf of the City to execute a contract for
the sale of the Bonds with the Purchaser in accordance with the Preliminary Official Statement.
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. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the Council to establish the
form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or
27
24876-8449-2315\3
any integral multiple thereof, of single maturities, shall mature on February 1 in the years and
amounts stated below, and shall bear interest from date of issue until paid or duly called for
redemption, at the annual rates set forth opposite such years and amounts, as follows:[to come]
Year Principal Rate Year Principal Rate
$%$%
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
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and 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, 2023, 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 fifteenth day of the calendar month preceding that 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 or after February 1, 2032, 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, 2031, and on any date thereafter, at a price equal to
the principal amount thereof and accrued interest to the date of redemption. The City Clerk 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
28
34876-8449-2315\3
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.
Bonds maturing on February 1, [_____] (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:
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
Notice of redemption shall be given as provided in the preceding paragraph.
2.05. Appointment of Registrar. The City hereby appoints Bond Trust Services
Corporation, Roseville, Minnesota, as the initial Bond registrar, transfer agent and paying agent
(the “Registrar”). The Mayor and City Clerk 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 the states of the United 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 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 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
register (the “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. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b)Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the Holder thereof or accompanied by a written instrument of transfer, in
29
44876-8449-2315\3
form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney
duly authorized by the Holder 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 that in which the interest payment date occurs and until such interest
payment date.
(c)Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d)Cancellation. All Bonds surrendered for payment, transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e)Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the 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 the Bond, whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of, the principal of and interest on the Bond and for
all other purposes; and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability 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 destroyed, stolen or lost, 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
Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
30
54876-8449-2315\3
destroyed, stolen or lost, 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
surrendered to the Registrar shall be canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost 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 Clerk and shall be executed on behalf of the City by the signatures of the
Mayor and the City Clerk, provided that the signatures may be printed, engraved or lithographed
facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
such officer had remained in office until the date of delivery of such Bond. 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,
substantially in the form provided in EXHIBIT B, has been 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 any
Bond shall be conclusive evidence that it has been duly authenticated and delivered under this
Resolution. When the Bonds have been prepared, executed and authenticated, the City Clerk
shall deliver them to the Purchaser upon payment of the purchase price in accordance with the
contract of sale theretofore 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.
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“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 pursuant to which the City
agrees to comply with DTC’s Operational Arrangements.
(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 DTC’s Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City’s
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (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 physical 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 Clerk is hereby authorized and directed.
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(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
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 B attached hereto.
Section 3. USE OF PROCEEDS; PROJECT FUND.
There is hereby created a special bookkeeping fund to be designated as the “General
Obligation Improvement Bonds, Series 2022A 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 (i) $[________] from the proceeds of the Bonds; and (ii) all
special assessments collected with respect to the Project (other than prepaid assessments), until
all costs of the Project have been fully paid. The City Manager shall maintain the Project Fund
until payment of all costs and expenses incurred in connection with the construction of the
Project and all costs of issuance of the Bonds have been paid.
The City may deposit funds, including prepaid assessments and funds from other
available sources, into the Project Fund. From the Project Fund there shall be paid all costs and
expenses related to the construction and acquisition of the Project. In addition, costs of issuance
in the amount of $[_______] are expected to be paid from proceeds of the Bonds in the Project
Fund and are included in the respective accounts above. After payment of all such costs and
expenses, the Project Fund shall be terminated. All funds on hand in the Project Fund when
terminated shall be credited to the Bond Fund described in Section 4 hereof, unless and except as
such proceeds may be transferred to some other fund or account as to which the City has
received from bond counsel an opinion that such other transfer is permitted by applicable laws
and does not impair the exemption of interest on the Bonds from federal income taxes. In no
event shall funds remain in the Project Fund later than three years following the date of issuance
of the Bonds.
SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2022A BOND
FUND. The Bonds shall be payable from a separate General Obligation Improvement Bonds,
Series 2022A 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. Into the Bond Fund shall be paid (a) the amounts specified in Section 3
above upon termination of the Project Fund; (b) any funds received from the Purchaser upon
delivery of the Bonds in excess of the amounts specified in Section 3 above ($[_______]
representing capitalized interest); (c) special assessments levied and collected in accordance with
this Resolution except prepaid assessments applied to the Project Fund; (d) any taxes collected
pursuant to Section 7 hereof; and (e) any other funds appropriated by this Council for the
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payment of the Bonds. The principal of and interest on the Bonds shall be payable from the
Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay
the principal of and interest on the Bonds. On or before each principal and interest payment date
for the Bonds, the City Clerk is directed to remit to the Registrar from funds on deposit in the
Bond Fund the amount needed to pay principal and interest on the Bonds on the next succeeding
principal and interest payment date.
There are hereby established two accounts in the Bond Fund, designated as the “Debt
Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt
Service Account upon the issuance of the Bonds the amount set forth in clause (b) above.
Thereafter, during each bond year (each twelve month period commencing on February 1 and
ending on the following January 31, a “Bond Year”), as monies are received into the Bond Fund,
the City Clerk shall first deposit such monies into the Debt Service Account until an amount has
been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the
end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year
shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt
Service Account is insufficient for the payment of principal and interest then due, the City Clerk
shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent
necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to
time held in the Debt Service Account and Surplus Account shall be credited or charged to said
accounts.
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 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the costs of the Project, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments an amount not less than 20% of the
cost of the Project. The principal of and interest on such special assessments are estimated to be
levied and collected in the years and amounts shown on EXHIBIT C attached hereto. The
principal of the assessments shall be made payable in annual installments, with interest as
established by this Council in accordance with law on unpaid installments thereof from time to
time remaining unpaid. In the event any special assessment shall at any time be held invalid with
respect to any lot or tract of land, due to any error, defect or irregularity in any action or
proceeding taken or to be taken by the City or by this Council or by any of the officers or
employees of the City, either in the making of such special assessment or in the performance of
any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all
such further things and take all such further proceedings as shall be required by law to make such
special assessment a valid and binding lien upon said property.
SECTION 6. RESERVED.
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SECTION 7. 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 4, 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 years and
amounts as shown on EXHIBIT C.
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 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms by depositing with the Registrar on or before that date an
amount equal to the principal, redemption premium, if any, and interest then due, provided that
notice of such redemption has been duly given as provided herein. The City may also at any
time discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the
Registrar or with a bank or trust company qualified by law to act as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder’s
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date. If such deposit is made more than ninety days before the
maturity date or specified redemption date of the Bonds to be discharged, the City must have
received a written opinion of Bond Counsel to the effect that such deposit does not adversely
affect the exemption of interest on any Bonds from federal income taxation and a written report
of an accountant or investment banking firm verifying that the deposit is sufficient to pay when
due all of the principal and interest on the Bonds to be discharged on and before their maturity
dates or earlier designated redemption date.
SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
9.01. General Tax Covenant. The City agrees with the registered owners 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 that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and
applicable Treasury Regulations (the “Regulations”), and agrees to take any and all actions
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within its powers to ensure that the interest on the Bonds will not become includable in gross
income of the recipient under the Code and the Regulations. All proceeds of the Bonds
deposited in the Project Fund will be expended solely for the payment of the costs of the Project.
The Project is 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 Project, 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.
9.02. Arbitrage Certification. The Mayor and City Clerk 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 Section 148
of the Code, and applicable Regulations, stating the facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds which make it reasonable to expect that
the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be
“arbitrage bonds” within the meaning of the Code and Regulations.
9.03. Arbitrage Rebate. 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 2022 is not reasonably expected to exceed $5,000,000. Therefore,
pursuant to 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 9.03, if the arbitrage
rebate provisions of Section 148(f) of the Code apply 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.
9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
such prior expenditures, the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to
“preliminary expenditures” for the Projects 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.
9.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
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 (within the meaning of Section
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265(b)(3) of the Code) which will be issued by the City and all subordinate entities during
calendar year 2022 does not exceed $10,000,000.
9.06. 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
the Bonds, 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
the Bonds, any person or entity which (a) has the power, directly or indirectly, to vote or consent
with respect to, or to dispose of ownership of, such Bonds (including persons or entities holding
Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of
the Bonds for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1)On or before 12 months after the end of each fiscal year of the City, commencing
with the fiscal year ending December 31, 2022, the following financial
information and operating data in respect of the City (the Disclosure Information):
(A)the audited financial statements of the City for such fiscal year, prepared
in accordance with generally accepted accounting principles in accordance
with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided
under Minnesota law, as in effect from time to time, or, if and to the extent
such financial statements have not been prepared in accordance with such
generally accepted accounting principles for reasons beyond the
reasonable control of the City, noting the discrepancies therefrom and the
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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 the 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 by the Municipal Securities Rulemaking
Board (the “MSRB”) through its Electronic Municipal Market Access System (EMMA). 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 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 10 business days, to the MSRB through EMMA,
notice of the occurrence of any of the following events (each a “Material Fact,” as
hereinafter defined):
(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
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respect to the tax status of the Bonds, or other material events affecting the
tax status of the Bonds;
(G)Modifications to rights of security holders, if material;
(H)Bond calls, if material, and tender offers;
(I)Defeasances;
(J)Release, substitution, or sale of property securing repayment of the
securities, if material;
(K)Rating changes;
(L)Bankruptcy, insolvency, receivership or similar event of the City;
(M)The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry
into a definitive agreement to undertake such an action or the termination
of a definitive agreement relating to any such actions, other than pursuant
to its terms, if material; and
(N)Appointment of a successor or additional paying agent or the change of
name of a paying agent, if material.
(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
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, a “Material Fact” is a
fact as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell the Bonds or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a Material Fact is also a fact that would be deemed
material for purposes of the purchase, holding or sale of the Bonds 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
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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, to the MSRB through EMMA, notice of the occurrence of any
of the following events or conditions:
(A)the failure of the City to provide the Disclosure Information required
under paragraph (b)(1) at the time specified thereunder;
(B)the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the City under subsection (d)(2);
(C)the termination of the obligations of the City under this section pursuant to
subsection (d);
(D)any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are
prepared; and
(E)any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1)The City agrees to make available to the MSRB through EMMA, in an electronic
format as prescribed by the MSRB, 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)(2) hereof) or the consent of the Owners of
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any Bonds, by a resolution of this Council filed in the office of the recording
officer of the City accompanied by an opinion of Bond Counsel, who may rely on
certificates of the City and others and the opinion may be subject to customary
qualifications, to the effect that: (i) such amendment or supplement (a) is made in
connection with a change in circumstances that arises from a change in law or
regulation or a change in the identity, nature or status of the City or the type of
operations conducted by the City, or (b) is required by, or better complies with,
the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of
the Rule at the time of the primary offering of the Bonds, giving effect to any
change in circumstances applicable under clause (i)(a) and assuming that the Rule
as in effect and interpreted at the time of the amendment or supplement was in
effect at the time of the primary offering; and (iii) such amendment or supplement
does not materially impair the interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of
the reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3)This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 10. CERTIFICATION OF PROCEEDINGS.
10.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a
certified copy of this resolution with the County Auditors of Hennepin and Ramsey Counties,
together with such additional information as is required, and to obtain a certificate from each that
the Bonds and the taxes levied pursuant hereto have been duly entered upon such County
Auditor’s bond register.
10.02. Authentication of Transcript. The officers of the City and the County Auditors
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 relating to the
Bonds 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 in their custody and control or as otherwise known to them, and all such certified
copies, affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the City as to the correctness of all statements contained therein.
10.03. 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 l5c2-12 adopted by the Securities and
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164876-8449-2315\3
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.
10.04. 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 Wells Fargo Bank, N.A. on the closing date for further
distribution as directed by Ehlers.
Adopted this ______ day of May, 2022.
Randy Stille, Mayor
ATTEST:
City Clerk
Reviewed for administration:
Charlie Yunker, City Manager
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4876-8449-2315\3
EXHIBIT A
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2022A
R-___$_________
Interest Rate Maturity Date Date of Original Issue CUSIP No.
__%February 1, 20__[May 26, 2022]
REGISTERED OWNER:CEDE & CO.
PRINCIPAL AMOUNT:THOUSAND DOLLARS
CITY OF ST. ANTHONY, State of Minnesota (the “City”) acknowledges itself to be indebted
and for value received hereby promises to pay to the registered owner specified above, or registered
assigns, the principal amount specified above on the maturity date specified above and promises to pay
interest thereon from the date of original issue specified above or from the most recent Interest Payment
Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest
rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 2023
(each such date, an “Interest Payment Date”), all subject to the provisions referred to herein with respect
to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest
Payment Date shall be paid to the person in whose name this Bond is registered at the close of business
on the fifteenth day (whether or not a business day) of the calendar month preceding that in which such
Interest Payment Date occurs. Interest hereon shall be computed on the basis of a 360-day year composed
of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal
office of the agent of the Registrar described below, the principal hereof are payable in lawful money of
the United States of America by check or draft drawn on Bond Trust Services Corporation, Roseville,
Minnesota, as Bond registrar, transfer agent and paying agent, or its successor designated under the
Resolution described herein (the “Registrar”) or other agreed-upon means of payment by the Registrar or
its designated successor. For the prompt and full payment of such principal and interest as the same
respectively come due, the full faith and credit and taxing powers of the City have been and are hereby
irrevocably pledged.
This Bond is one of an issue (the “Bonds”) in the aggregate principal amount of $[PAR] issued
pursuant to a resolution adopted by the City Council on May 10, 2022 (the “Resolution”), to finance
various improvement projects. This Bond is issued by authority of and in strict accordance with the
provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapters 429 and 475. 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
43
24876-8449-2315\3
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, 2032 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, 2031 and on any 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.
Bonds maturing in the years [____] 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
Notice of redemption shall be given as provided in the preceding paragraph.
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 Registrar, by the registered owner
hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner
or the owner’s 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 designated 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 any such transfer or exchange.
The Bonds have been designated as “qualified tax-exempt obligations” pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the 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
44
34876-8449-2315\3
as herein provided and for all other purposes, and neither the City nor the 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 upon property specially benefited by the
local improvements financed with 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, revenues and taxes to its General
Obligation Improvement Bonds, Series 2022A 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
the Registrar by manual signature of one of its authorized representatives.
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44876-8449-2315\3
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the
facsimile signatures of its Mayor and City Clerk and has caused this Bond to be dated as of the date set
forth below.
CITY OF ST. ANTHONY, MINNESOTA
(facsimile signature – City Clerk)(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 Registrar
By
Authorized Representative
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54876-8449-2315\3
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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4876-8449-2315\3
EXHIBIT C
LEVIES AND SPECIAL ASSESSMENTS
[TO COME]
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4876-8449-2315\3
HENNEPIN COUNTY AUDITOR’S
CERTIFICATE AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a
resolution duly adopted on May 10, 2022, by the City Council of St. Anthony, Minnesota, setting
forth the form and details of an issue of $[PAR] General Obligation Improvement Bonds,
Series 2022A dated the date of issuance thereof.
I further certify that the issue has been entered on my bond register and the tax required
by law for their payment has been levied and filed as required by Minnesota Statutes, Sections
475.61 through 475.63.
WITNESS my hand and official seal on the _____ day of May, 2022.
Hennepin County Auditor
(SEAL)
49
2
4876-8449-2315\3
RAMSEY COUNTY AUDITOR’S
CERTIFICATE AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Ramsey County,
Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution
duly adopted on May 10, 2022, by the City Council of St. Anthony, Minnesota, setting forth the
form and details of an issue of $[PAR] General Obligation Improvement Bonds, Series 2022A
dated the date of issuance thereof.
I further certify that the issue has been entered on my bond register and the tax required
by law for their payment has been levied and filed as required by Minnesota Statutes, Sections
475.61 through 475.63.
WITNESS my hand and official seal on the _____ day of May, 2022.
Ramsey County Auditor
(SEAL)
50
MEMORANDUM
To:Saint Anthony Village City Council
From:Charlie Yunker, City Manager
Date:May 10, 2022 City Council Meeting
Resolution:Approval of Resolution 22-0xx -Special Event Permit for a Party at the Pavilion hosted by the
SANBE Foundation at Central Park from 6:00 p.m. -10:00 p.m.
OVERVIEW
In front of you this evening is a resolution to approve a special event permit request from SANBE (St. Anthony New Brighton
Education) Foundation to hold a Party at the Pavilion at the Central Park Pavilion and parking lot on June 4, 2022 from 6:00
p.m. -10:00 p.m.
Staff has created a special event permit to facilitate gathering event information, department head reviews of event, and
staff recommendations to the City Council. The special event permit is used if the event fits one or more of the following
criteria:
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
The applicant is seeking permission to host an event at the Central Park pavilion and parking lot which will include alcoholic
beverages, amplified pre-recorded music and will be held on city property.
Staff has reviewed the special event and recommends approval.
ATTACHMENTS:
Application
Resolution 22-0xx
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52
53
54
55
56
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-047
RESOLUTION TO APPROVE THE USE OF CENTRAL PARK PAVILION AND
PARKING LOT FOR A SPECIAL EVENT ON JUNE 4, 2022
WHEREAS, Mike Overman, SANBE Foundation, has submitted a special event permit to use city
property to host a Party at the Pavilion on June 4, 2022 from 6PM to 10PM; and
WHEREAS, the event will be held in and around the Central Park Pavilion and parking lot; 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 from the SANBE Foundation to host a Party at the Pavilion on June 4, 2022 from 6 PM
to 10 PM in and around the Central Park Pavilion and parking lot.
Adopted this 10th day of May, 2022.
_________________________________________
Randy Stille, Mayor
ATTEST: ____________________________
City Clerk
Review for Administration: _________________________________________
Charlie Yunker, City Manager
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5/5/2022
1
Presented May 10, 2022
Finance Overview
MISSION STATEMENT
Ensure that City resources and assets
are managed effectively to provide
residents with the City services desired
and to sustain the City’s infrastructure
for current and future residents.
8 Council Meetings Attended
9 Council Work sessions
Attended
79 Council information
submissions
2 MWMO Board information
submissions
3 Birchwood Utility
Committee Work sessions
59
5/5/2022
2
Finance Staff
PAYROLL & UTILITY BILLING ACCOUNTANT -Devin Willi
ASST. to FINANCE DIRECTOR -Ka Vue
LICENSE & PERMIT, UTILITY BILLING SPECIALIST - Phuongmai Dang
OFFICE SUPPORT, ACCOUNTS PAYABLE SPECIALIST - Sandy Simon
ACCOUNTING TECHICIAN - Trent Sax
FINANCE DIRECTOR - Shelly Rueckert
Core Accounting Functions
LICENSE & PERMIT, UTILITY BILLING SPECIALIST
PAYROLL / UTILITY BILLING
ACCOUNTANT
OFFICE SUPPORT SPECIALIST
ASSISTANT to FINANCE DIRECTOR
• 322 Building Permits in 2021
• Total Valuation: $80,735,857
• Producing 9,700 Utility Bills
• Helping 134 new residents
establish utility accounts
•Shared processing of City and
MWMO payroll
• Prepares and Distributes monthly
General Fund & Liquor financial
reports
• Validating 8,242 vendor
invoices
• Generated 2,890 cash
disbursements
• City, NineNorth and
MWMO ‐General Ledger
•Assist’s with audit for City,
NineNorth and MWMO
• Software upgrades,
payment portal, Liquor
merchant accounts
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5/5/2022
3
Core Accounting Functions
FINANCE DIRECTOR
• Insurance
• Standard & Poors Credit
rating –affirmed @ AA
• Grants Administration
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Cumulative Grant Proceeds
Core Accounting Functions
FINANCE DIRECTOR
• 2022 Annual Budget and Property
Tax Levy
• Setting 2022 Water, Sewer and
Stormwater rates
61
5/5/2022
4
Core Accounting Functions
FINANCE DIRECTOR
• Financial Reporting
Internal
External
Finance Activity Unique to 2021
$77,000
$163,000
$77,000
Collaborated with Fire Chief
on Safer Grant Application
•If awarded provides for
funding for two
additional full‐time
firefighters for three
years.
•Developed levy support
plan which would spread
the post three year costs
over several levy cycle’s.
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5/5/2022
5
Finance Activity Unique to 2021
$163,000
Tennis Courts Improvement
•Construction costs funded via interfund loan
•Established a Park Improvement levy to repay
interfund loan over 15 years and to provide funds for
future park needs
Finance Activity Unique to 2021
$77,000
$163,000
$77,000
2021 American Rescue Plan
•Completed the necessary
documentation for portal reporting to
Department of Treasury
•Received 1st half of allocated funding ‐
$492,480
•Attended multiple training webinars
regarding reporting, allowed uses, etc.
•Final Rules issued 4/1/2022
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5/5/2022
6
Finance Activity Unique to 2021
$163,000
WASTEWATER & WATER
Metropolitan Council Environmental
Services
Salo Pond Maintenance Agreement
Discussions with Met Council Environmental Services ‐I&I
Technological Advances ‐Invoice Cloud
$77,000
$163,000
$77,000
•Utility Customers were able
to pay their bill online via
the City's Website
•The City received just over
$23,000 in credit card and
EFT payments through the
customer portal.
•The Customers also are
notified by e‐mail when bills
are available.
•micommunity portal to
apply for and pay permits
online – 2022 full launch
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5/5/2022
7
Technological Advances ‐Water Meters Birchwood Village
Staff assisted the City of Birchwood
Village with the selection of new
water meters, meter reading
software and a customer portal.
The City's existing meters were
approximately 40‐50 years old.
Customers have the ability to
monitor their usage online and
detect possible leaks by viewing
their daily usage history.
This collaborative project benefited
both parties from an efficiency
standpoint and the resident's from a
customer service standpoint.
Long Term Financial Management
Modified Street Improvement
results in road construction two
consecutive years then a year off.
The modified schedule reduces
reliance on bond financing while
transitioning to levy support.
Cumulative debt will decrease
significantly between 2024‐2037.
Infrastructure levy used 100% to
support street cost, Debt Levy
must support bonding costs and
interest costs in addition to
street costs.
2027‐2030 combined levy
increases will be less than the
existing plan.
Gain flexibility to adjust if other
levy demands occur.
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8
Long Term Financial Management
Amended General Fund Balance policy to reflect State Auditor’s recommend 35%‐
50% unassigned General Fund balance
Address the Annually reset Fund Balance after Audit, begins the new year with a fund
balance at 42.5% ‐mid‐point of Auditor’s recommendation
Transfer excess fund balance, if any, to capital funds based on City Council guidance
RESULTING TRANSFERS
Long Term Financial Management
COMPREHENSIVE REVIEW OF 2022‐2038
CAPITAL FUNDS
•The documents provide a clear picture of each fund’s short‐
term and long‐term capital needs
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9
Support Staff to Agencies
In the late summer of 2021, the Finance Department agreed to
manage the accounting and financial processes for local
government and media channel, NineNorth.
As its name indicates, their programming covers a total of nine
cities that are within close proximity to each other; one of the nine
being St. Anthony Village.
The financial services package for NineNorth is similar to the
services provided to the Mississippi Water Management
Organization (MWMO).
This expansion of our existing partnership is beneficial to both
parties, similarly to the benefits provided by St. Anthony’s
numerous collaborative partnerships.
EXTERNAL
Support Staff to Agencies
INTERNAL
$76,610
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Finance Brochure
»savmn.com/annualreports
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70
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com
MEMORANDUM
TO:Mayor Stille and St. Anthony Village City Council
City Manager Charlie Yunker
FROM:Stephen Grittman, City Planner
DATE:May 5, 2022
MEETING DATE:May 10, 2022
RE:St. Anthony Village – City Code Amendments:
-Swimming Pools, Rubbish, Signage, Other
NAC FILE:323.01
UPDATE REPORT and CODE
In anticipation of the City Council’s second reading of the City Code update material,
staff has made one amendment to the proposed language as discussed with the first
reading. That change is to replace a portion of the Safety Requirements for swimming
pools, hot tubs, and spas with language proposed by Councilmember Walker. Section
150.053. SAFETY REQUIREMENTS Subp. (A) would change as follows:
§150.053 SAFETY REQUIREMENTS
(A)All pools, hot tubs, or spas shall be provided with required to have
safeguards to prevent children from gaining uncontrollable access.
A successful barrier shall be considered one which prevents a child
from getting over, under, or through and keeps the child from
gaining access to the pool, hot tub, or spa except when supervising
adults are present. Permanent fences shall meet all requirements of
Section 150.55. Temporary fencing may be exempted from some of
the requirements of 150.55 upon approval of the Zoning
Administrator, but for a period of no more than than the duration of
the applicable permit, or 180 days, whichever is less.
71
This change has been incorporated into the proposed ordinance.
An item raised at the first reading by a member of the public questioned the definition of
Native Vegetation (and a companion definition for Native Habitat). Those definitions are
found in Section 11. of the proposed ordinance, and would amend the definitions found
in Section §150.88 of the City Code. The resident raised a challenge as to the possible
inclusion of Kentucky Bluegrass, a common turfgrass, as a component of Native
Vegetation in the proposed definition. That definition would read as follows:
NATIVE VEGETATION: Those non-turf grass indigenous trees, shrubs,
wildflowers, grasses and other plants that have naturally adapted themselves to
the climate and soils of the area but require cultivation and maintenance to remain
viable.
The definition states that Native Vegetation is specifically composed of “non-turf grass”
and other elements. It is staff’s belief that the definition would preclude Kentucky
Bluegrass from the category of native Vegetation, as the resident was advocating. No
change has been proposed in this language.
The remaining material below is identical to that provided for the April 26 Council
meeting and included for reference only.
BACKGROUND.
The Planning Commission and City Staff have been engaged in working through
updates to the City Code and portions of the Zoning Ordinance. Previously, the City
approved updates to the Accessory Building zoning regulations, as well as the R-4
zoning district standards.
With this memorandum, a new set of proposed amendments is being forwarded for
Council action. These have been reviewed by the Planning Commission at public
hearings for each set of amendments, and the subject of a recent City Council work
session on April 12, 2022.
The amendments consist of three general sets of code, each of which with a separate
ordinance. First is a revision to the “C”, Commercial District zoning regulations. The
regulations have been reworked to broaden the categories of allowed uses, dealing
more directly with the nature of the use, rather than the specific business.
Conditional uses have been called out more specifically, and sets of required conditions
have been added or modified for certain of those businesses that have been shown to
require them. In addition to the categorization and uses, the most significant changes
relate to the addition of brewery/taproom facilities to the list of conditional uses, and
broadening “gasoline sales” to include alternative fuels. Automobile sales and service
have been separated to deal with the unique aspects of each use. Generally, the lot
size and setback regulations have been left in place.
72
The second proposed ordinance addresses the “L-I”, Light Industrial District. This
district has been updated in a fashion similar to the Commercial District language,
categorizing the permitted uses more generally, and addressing the conditional uses
more specifically. For the LI District, the primary changes relate to trucking and
warehousing (focusing more directly on manufacturing uses). Per the Council’s
discussion at the work session, brewery/taproom uses have not been included in the
district.
The third ordinance document is a collection of several code updates reflecting staff
experiences with public inquiries and code enforcement observations. These include
general administration (fees and/or processing requirements), signs (reconciling political
campaign sign regulations with state law), and three larger categories of change:
swimming pools, rubbish collection/storage, and natural landscapes.
For these latter three, the regulations are intended to codify current practices, conform
regulations internally, create alternatives for common conditions that cannot track with
current ordinances, and establish baseline rules for otherwise unregulated (or
prohibited) activities (especially with regard to the natural landscape section).
The Planning Commission held its most recent hearing on updated language at its
March 15th regular meeting. No resident or public comments were received.
In the Council’s packet are three ordinances that address these three categories of
code updates. The language reflects the recommendations of the Planning
Commission, with the primary exception that brewery/taproom uses have been removed
from the Light Industrial District. For additional background, the Council is referred to
the materials prepared for the work session, which included additional commentary on
many of the proposed changes.
STAFF AND PLANNING COMMISSION RECOMMENDATION.
Planning staff and Planning Commission recommend approval of the proposed
amendments. As noted, these changes will accommodate more flexible – although still
rigorous – treatment of several aspects of land use in the community, primarily through
clarification and better definition of the requirements. Many aspects of the proposed
changes (C and LI Districts, and Natural Landscapes) proceed directly from
recommendations of the 2040 Comprehensive Plan and/or discussions held during
Goal-setting.
Per City Code, the Council may adopt zoning regulations after one reading of the
ordinance. Other City Code items require three readings, unless that requirement is
specifically waived the Council. That section reads as follows:
§ 31.06 ORDINANCES, RESOLUTIONS, AND PETITIONS. (A) Readings.
Every ordinance will be presented in writing and will receive 3 readings before
the City Council prior to final adoption, except that rezonings or other zoning
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ordinance amendments shall require only 1 reading. However, an ordinance may
be adopted at the meeting in which it is first read or at a subsequent meeting if the
City Council rules are suspended for that purpose. Every ordinance introduced
will be recorded in the minutes by title.
Depending on the Council’s decision on the third ordinance which includes the general
code items, the following motions are recommended:
CITY COUNCIL ACTIONS:
[Zoning Ordinances, eligible to be adopted at the time of first reading]:
Motion to adopt Ordinance No._______, amending the “C”, Commercial Zoning
District, Section 152.120 – 152.125, in its entirety.
Motion to adopt Ordinance No. _______, amending the “L-I”, Light Industrial
District, Section 152.130 – 152.135, in its entirety.
[If Council suspends the 3 reading requirement]:
Motion to adopt Ordinance No. _______, amending various sections of the City
Code relating to Administration, Swimming Pools, Rubbish Collection, Signs,
Natural Landscapes, and other sections.
Alternative Motion to table action on Ordinance No. _______, pending the
third reading of the Ordinance.
ATTACHMENTS
Exhibit A:
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CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING
SECTIONS RELATED TO SWIMMING POOLS, REFUSE HANDLING, SIGNS,
NATURAL LANDSCAPES, PARKING, ACCESSORY USES, AND ADMINISTRATIVE
PROCEDURES
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1.Section §33.044 is hereby amended to read as follows: Delinquent account
balances greater than $50.00 and at least two quarters past due will be certified to
the taxpayer of record for the real property, including rental property of any type
by November 30th of each year, or such earlier date as may be required by the
applicable County. Accounts significantly exceeding either of these criteria’s are
considered at-risk and are subject to early certification or water shut-off at the
City’s directions.
Section 2.Section §70.40 (B) is hereby amended to read as follows: (B) Commercial
vehicles in excess of 10,000 pounds or intended to seat 12 or more passengers
shall not be parked in a residential district and advertised for sale.
Section 3.Section §94.32 WEED CONTROL is hereby amended to read as follows: Any
weeds or grasses, whether noxious as defined by law or not, growing outside the
traveled portion of any city street or alley, or growing on private property,
exceeding the height of 6 inches or which are about to go to seed must be cut or
removed by the owner of the abutting property if within the city right-of-way, and
by the owner of the property upon which they are growing if they are outside the
right-of-way.
Section 4.Section §96.03 is hereby amended to read as follows: PAVEMENT. Any type
of improved surface that is within the public right-of-way and that is paved or
otherwise constructed with bituminous, concrete, aggregate, or gravel.
Section 5.Section §97.10 (A)(2) ADDRESS NUMBERS is hereby amened to read as
follows: Each numeral may be no less than 4 inches (102 mm) in height and no
less than ¾ inches in stroke width. Buildings more than 70 feet from the street
shall have numerals no less than 5 inches in height.
Section 6.Section §97.10 (B)(2) ADDRESS NUMBERS is hereby amened to read as
follows: Each numeral may be no less than 4 inches (102 mm) in height and no
less than ¾ inches in stroke width. Buildings more than 70 feet from the street
shall have numerals no less than 5 inches in height.
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Section 7.Section §110.231 is hereby amended to read as follows: If the contractor has a
state license and no city license is required, the contractor will pay the city a $5
surcharge prior to commencement of the work the City will verify the state
license.
Section 8.Section §111.197 (Licenses, Permits and the Like - Licensing of Multiple
Dwellings) is hereby amended to read as follows:
§111.197 GARBAGE RUBBISH DISPOSAL. Every multiple dwelling must
shall have and maintain in sanitary condition adequate facilities to accommodate
the disposal of rubbish, garbage, refuse, and recyclables needs of the
occupants/tenants of the units. The facilities must shall be made of metal or other
suitable material, which is rodent-proof, fire resistive, and waterproof. The owner
of the multiple dwelling property is responsible for the removal of rubbish,
garbage, and refuse no less frequently than once a week and for recyclables no
less frequently than once a month.
Section 9. The title of Sections §111.215 through §111.219 is hereby amended to read as
follows:
HAULERS OF GARBAGE, REFUSE, RECYCLABLES, RUBBISH AND
YARD WASTE
Section 10. Section §111.215 (Haulers of Rubbish and Yard Waste – Definitions) is
hereby amended to add the following definition:
Rubbish. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage and
refuse.
Section 11. Section §150.050 - §150.058 (Buildings, Housing and Construction -
Swimming Pools - Building Permits Required) are hereby amended to read
as follows:
§150.051 BUILDING PERMITS REQUIRED. A building permit is required for
the construction of or the alteration, remodeling, or addition of any improvement
to a swimming pool. A separate building permit is required for any pump house,
filter house, enclosure for the swimming pool or any structure erected in
conjunction with a swimming pool. An applicant for the building permits shall
make application on forms provided by the city and shall provide the Building
Inspector with a complete set of plans and specifications of the proposed project,
10 St. Anthony - Land Usage together with the explanatory data relative to the
design, operation, and maintenance of the swimming pool insofar as health and
safety features are concerned, as required by this subchapter or as requested by
the Building Inspector.
§150.050 SWIMMING POOLS. Any structure, bathing chamber, or tank,
including but not limited to above and below ground swimming pools, hot tubs, or
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spas, used for swimming or bathing, over 24 inches in depth, or with a surface
area of more than 150 square feet, that is constructed above or below ground.
§150.051 PERMIT REQUIREMENTS
(A)Types of Permits. One of the following swimming pool-related
permits may be required:
1)A Swimming Pool Permit shall be required for the construction of
or the alteration, remodeling, or addition of any improvement to a
below grade swimming pool.
2)A Building Permit shall be required for any pump house, filter
house, or any structure erected in conjunction with a swimming
pool.
3)A Mechanical Permit shall be required for installation of a heater
for any pools, hot tubs, or spas.
4)An Electrical Permit shall be required for all direct/hard wired
pools, hot tubs, spas or any other electrical components.
5)A Zoning Permit shall be required for all above grade pools
including but not limited to hot tubs, and spas.
6)A Zoning Permit shall be required for all fences constructed, per
the defined safety requirements in Section 150.055.
(B) Permit Applications
1)Application Forms. An applicant for permits shall make
application on forms provided by the City and shall provide the
Building Inspector with a complete set of plans and specifications
of the proposed project, together with the explanatory data relative
to the design, operation, and maintenance of the swimming pool
insofar as health and safety features are concerned, as required by
this subchapter or as requested by the Building Inspector.
2)Submission Requirements.
a.A complete application form and fee, the amount of which is
established by City Ordinance.
b.Two (2) sets of dimensioned site plans (drawn to scale) which
include the following information:
(1)Property lines including property corners.
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(2)The house, garage, driveway, and other permanent
structures and distance of each to the property lines.
(3)The location of all above and below utilities on the site
including gas, electric, sewer, water, phone, etc.
Homeowners shall be responsible for contacting utility
companies in regard to impacted utilities.
(4)Required setbacks from property lines.
(5)The proposed location of pool, hot tub, or spa, including
length, depth and width of the pool, hot tub, or spa and any
decking and showing distance of the pool, hot tub, or spa to
the property lines.
(6)Detailed drawings of fence design, gate design, and
latching mechanisms.
(7)A copy of all pool, hot tub or spa manufacturer build
requirements, specifications and recommended
maintenance procedures.
(8)Source and location of the water supply.
(9)Methods to be used in securing the site during the entire
term of the permit, from beginning of excavation through
completion. Such methods may include both temporary
and permanent security installations.
(C). Permit Approvals. No permit shall be issued unless it meets the
requirements of this subchapter. No permit may be issued until the
Building Inspector or other responsible City staff is satisfied that the
proposed swimming pool, hot tub, or spa will not be a health hazard and is
to be constructed in such a way that its future use will not endanger the
health, lives, or safety of any persons coming in contact with the
swimming pool. All swimming pools, hot tubs, spas, apparatus(es), water
supply and drainage systems, and other features shall be constructed in
conformity with the approved plans. If any deviations from the plans are
desired, a supplementary plan covering that portion of the work involved
shall be filed for approval and shall conform to the provisions of this
subchapter.
§150.052 LOCATION REQUIREMENTS
(A)No part of a swimming pool, hot tub or spa shall be located closer than
ten (10 feet), as measured from the ground surface to any overhead or
underground utility line of any type. For the purpose of determining
the area in which no part of a swimming pool, hot tub or spa can be
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constructed, the centerline of any overhead or underground utility line
will be projected to the ground surface and the 10-foot prohibited area
will be measured parallel and on both sides of the projected centerline.
(B)No part of a swimming pool, hot tub or spa shall be located within any
private or public utility, drainage, or other easement.
(C)Setback Requirements
(1)R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa
shall be located within ten (10) feet of any side or rear lot line; nor
within ten (10) feet of any principal structure or frost footing. No
swimming pool, hot tub, or spa may be located in the front yard of
any property. The filter unit, pump, heating unit, and any other
mechanical equipment shall be located not less than twenty-five
(25) feet from any adjacent or nearby neighboring residential
structure dwelling and not closer than ten (10) feet to any lot line.
(2)R-1A Districts. Swimming pools, hot tubs, or spas located in R-
1A Districts shall comply with the setback requirements of Chapter
152, the Zoning Code.
(3)R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa
shall be located within fifty (50) feet of any side or rear lot line;
nor within ten (10) feet of any principal structure or frost footing.
No swimming pool, hot tub, or spa shall be located in the front
yard (as defined in the Zoning Chapter) of any multiple dwelling.
The filter unit, pump, heating unit, and any other mechanical
equipment shall be located at least fifty (50) feet from any adjacent
or nearby residential structure and not closer than forty (40) feet to
any lot line.
§150.053 SAFETY REQUIREMENTS
(A)All pools, hot tubs, or spas shall be provided with required to have
safeguards to prevent children from gaining uncontrollable access.
A successful barrier shall be considered one which prevents a child
from getting over, under, or through and keeps the child from
gaining access to the pool, hot tub, or spa except when supervising
adults are present. Permanent fences shall meet all requirements of
Section 150.55. Temporary fencing may be exempted from some of
the requirements of 150.55 upon approval of the Zoning
Administrator, but for a period of no more than than the duration of
the applicable permit, or 180 days, whichever is less.
(1)Safeguards shall include a fence at least six (6) feet in height,
unless exempted per Section 150.53(C).
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(2)Openings in the barrier (i.e.: spaces between fence pickets,
railing balusters, etc.) shall not allow passage of a four (4) inch
sphere.
(3)All fence openings or points of entry into the enclosure area
shall be equipped with a gate, and all gates must be equipped
with self-closing and self-latching devices placed so as to be
inaccessible to small children. The gates shall be locked at all
times when the pool, hot tub, or spa is not in direct use.
(B)Suction outlets shall be designed and installed in accordance with
ANSI/APSP-7.
(C) The following shall be considered fencing
exemptions/modifications for spas, hot tubs and certain above ground
pools:
(1)Spas or hot tubs with a safety cover which comply with ASTM
F1346 (per Section 303 of the International Property
Maintenance Code (2018).
(2)Above ground pools with sides or attached fences which are
four (4) feet in height around the entire circumference,
insurmountable, with an access ladder or steps capable of being
secured, locked, removed, or otherwise protected to prevent
access, shall require a fence of no less than four (4) feet in
height, while meeting all other safety fence requirements.
§150.054 LIGHTING REQUIREMENTS. Lighting used in connection with
swimming pools shall be adjusted in a manner as not to interfere with the
reasonable use of adjacent property.
§150.055 NOISE. Unreasonably loud noise in connection with the operation or
use of a pool is prohibited.
§150.056 INSPECTIONS. The Health Inspector is authorized to conduct any
inspections necessary to ensure compliance with all provisions of this subchapter
and has the right of entry at any reasonable hour to the swimming pool for this
purpose.
§150.057 EXISTING SWIMMING POOLS. No swimming pool, hot tub, or spa
or any other structure erected in conjunction with a pool existing as of June 3,
1982, will be required to be moved so as to comply with the location requirements
of Section 150.052. All other requirements contained in this subchapter are
applicable to existing swimming pools, and structures erected in conjunction with
the pools.
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§150.058 DISCHARGE OF POOL WATER. No person shall discharge or cause
to be discharged into the municipal storm drain system any pool, hot tub, or spa
water unless dechlorinated to less than one (1) ppm of chlorine.
Section 11. Section §150.88 (Building, Housing, and Construction - Definitions) is hereby
amended to add the following definitions:
DUMPSTER. A non-flexible container which has a holding capacity exceeding
five (5) cubic yards and used for temporary storage of special pick-up refuse. A
dumpster is a metal, composite or other hard-side container for refuse disposal
which exceeds five (5) cubic yards capacity.
DUMPSTER, COMPACT. A container which has a holding capacity not
exceeding five (5) cubic yards and used for temporary storage of special pick-up
refuse. A compact dumpster is a metal, composite or other hard-side container for
refuse disposal which does not exceed five (5) cubic yards capacity.
DUMPSTER, FLEXIBLE. A flexible container which has a holding capacity not
exceeding five (5) cubic yards and used for temporary storage of special pick-up
refuse. A flexible dumpster is commonly referred to, or known as, a “dumpster
bag,” “soft-side dumpster,” or “waste removal bag” and used in lieu of a metal
front or rear-load or roll-off dumpster.
FIREPLACE: A fireplace is an architectural structure, within a wall or free-
standing, designed to contain a fire.
NATIVE VEGETATION: Those non-turf grass indigenous trees, shrubs,
wildflowers, grasses and other plants that have naturally adapted themselves to
the climate and soils of the area but require cultivation and maintenance to remain
viable.
NATIVE HABITAT: Specially uncultivated valued and sensitive habitat
whereupon native vegetation exists in a pristine state and provides habitat for a
variety of species native to the area. Such vegetation shall maintain itself in a
stable condition with minimal human intervention.
NOXIOUS WEEDS: An annual, biennial, or perennial plant designated by the
State Commissioner of Agriculture or the Council as injurious to public health,
the environment, public roads, crops, livestock, or other property.
POLLINATOR GARDEN: A specific area on the property planted and designed,
with specific nectar and pollen producing plants, in a way that attracts pollinating
insects known as pollinators. In order for a garden to be considered a pollinator
garden, it should provide (but not limited to) the following: various nectar
producing flowers, shelter or shelter providing plants for pollinators, avoid the use
of pesticides, and place similar flowers close to one another.
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RANK VEGETATION: Uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
RUBBISH. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage, refuse
and trash.
TRASH. Non-recyclable material that is designated for landfill or incinerator
disposal by the Hauler. The term does not include hazardous waste as defined in
Minnesota Statutes, Section 116.06, Subdivision 11, or construction debris as
defined in Minnesota Statutes, Section 115A. 03, Subdivision 7.
TURF GRASS: Cultivated vegetation consisting of a highly maintained surface of
dense grass underlain by a thick root system.
VEGETABLE GARDEN: A specific area on the property for the growth and
harvest of any herbaceous plant whose fruit, seeds, roots, tubers, bulbs, stems,
leaves or flower parts are used as food.
WEEDS: Unsuitable, unwanted, or uncultivated vegetation, often causing injury
or competition to the desired vegetation type.
YARD WASTE. Yard waste means grass, grass clippings, bushes, shrubs, tree
branches less than four (4) inches in diameter, and clippings from bushes and
shrubs that come from residential, commercial/retail, institutional, or industrial
sources as part of maintaining yards or other private or public lands. Yard waste
does not include (i) construction, renovation, and demolition wastes or (ii) clean
wood.
Section 12. Section §150.088(C) (Building, Housing and Construction - Responsibilities
of Occupant or Renter) is hereby amended to read as follows:
(C) Disposal of garbage, rubbish, recyclables and other waste. Every
occupant of a rental dwelling shall store and dispose of all his or her
rubbish, garbage and waste in a clean, sanitary and safe manner. All
rubbish, garbage, and waste must shall be collected by a hauler who is
licensed by the city as required by Section §111.215 through §111.219 of
this Code. The storage of refuse rubbish and recyclable collection
containers may shall not be kept in the front yard setback without
approved screening or fencing in accordance with Section §150.070-
§150.074 of this code.
Section 13. Section §150.090 (Building, Housing and Construction - Refuse and
Recyclables) is hereby amended to read as follows:
§150.090 REFUSE RUBBISH AND RECYCLABLES.
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§150.090 REFUSE AND RECYCLABLES. Every occupant must store and dispose of or
recycle all refuse and recyclables in a clean, sanitary, and safe manner as prescribed by
city ordinances. Every owner of an apartment building must supply facilities for the
sanitary and safe storage and/or disposal or recycling of refuse and recyclables. The
storage of refuse and recyclable collection items may not be kept in the front yard setback
without approved screening or fencing
A)Storage Location. Every occupant shall store and dispose of or recycle all refuse
rubbish and recyclables in a clean, sanitary, and safe manner as prescribed by City
ordinances. Every owner of an apartment building shall supply facilities for the
sanitary and safe storage and/or disposal or recycling of refuse and recyclables.
Except as provided in Section 150.090 (C) below, the storage of rubbish,
recyclables and yard waste collection containers shall be in the side or rear yard
setback of the property, adjacent to a structure on the property from which
collection is conducted, or in the setback from which collection is conducted, if
appropriately permitted screening or fencing has been achieved per Section
150.073, and where the proposed location maximizes the potential setback from
the street.
B)Refuse, Recycling, and other Waste Containers. Collection containers and
dumpsters for multiple family residential, commercial, industrial and institutional
uses shall be screened on all four (4) sides using an enclosure that is a minimum
of one (1) foot above the top of the container. The rubbish enclosure shall be
constructed of materials that are harmonious with those of the principal structure
and have a minimum opacity of ninety percent (90%) opacity. A gate or door of
the rubbish enclosure shall be closed at all times except as needed to access the
container(s). No exterior container or enclosure shall exceed the maximum height
for fencing in the applicable zoning district.
C)Front Yard Containers. Rubbish and recycling containers may be kept in a front
yard if within an approved and permitted screening structure, per Section 150.073.
Such screening structure shall provide a solid screening effect and be of a height
not less than three (3) inches above the tallest container to be kept within. The
screening structure shall be placed no closer than three (3) feet from the property
line and no closer than fifteen (15) feet from the road from which collection is
made. The size of the structure shall not exceed seventy-eight (78) inches in
width and forty (40) inches in depth. The design, materials and location shall be
subject to review prior to City issuance of the required Zoning Permit.
Section 14. Section §150.094 (I) is hereby deleted.
(I) Temporary storage units. Temporary storage units including dumpsters
are permitted for no more than 120 days in a calendar year and must be
maintained in good repair and appearance. One temporary storage unit is
allowed at any residential property. Temporary storage units must be place
on paved surfaces and a minimum of 10 feet from all property lines.
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Section 15. Section §150.094. (I) (Building, Housing and Construction - Refuse and
Recyclables) is hereby added to read as follows:
(I) Flexible and Compact Dumpsters. A flexible dumpster or compact
dumpster, as defined by the Chapter, may be placed and used on a
property subject to the following requirements:
(1)No liquid waste shall be placed into a flexible dumpster or
compact dumpster for disposal. Only rubbish that is of a solid
physical form or matter shall be placed or disposed into the
flexible dumpster or compact dumpster, such as construction or
demolition debris, discarded household goods or wares, cardboard
or packaging waste, or the like.
(2)A flexible dumpster or compact dumpster shall not exceed a five
(5) cubic yard capacity.
(3)No flexible dumpster or compact dumpster shall be placed within
the roadway surface of any street and shall be located behind the
street curb. No flexible dumpster or compact dumpster shall be
placed within or as to block any portion of a sidewalk, path or trail.
(4)Flexible or compact dumpsters shall be placed no closer than five
(5) feet from any side or rear property line.
(5)No flexible dumpster or compact dumpster shall be placed within
fifteen (15) feet of a water/fire hydrant.
(6)No flexible dumpster or compact dumpster shall remain on a
property more than fourteen (14) days from the date it was placed
outdoors at the property. The flexible dumpster or compact
dumpster shall be collected by a waste hauler or otherwise
removed within one (1) week of the container being filled to its
capacity.
(7)No more than two (2) flexible or compact dumpsters shall be kept
on any property at any one time.
(8)All rubbish shall be completely and securely placed within the
container; no material shall be sticking out or exceeding above the
top of the container sides. No rubbish placed in the container shall
exceed outside the container beyond the plane of the street curb
line. It is the responsibility of the property owner/occupant to
ensure any refuse that falls or is blown out of the container is
promptly collected/picked up and properly stored as any refuse is
required to be stored.
Section 16. Section §150.094 (E) is hereby amended to read as follows:
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(E) Yard cover. Every yard of premises on which a dwelling stands must
be covered by lawns and/or ground cover of vegetation, gardens, hedges,
shrubbery or related decorative materials and must be maintained. Once an
area has been converted to turf grass the land owner shall not allow the
turf grass to exceed the height of 6 inches or be allowed to go to seed. No
land owner may permit or maintain on the land any growth of weeds,
grass, brush or other rank vegetation to exceed the height of an average
height greater than 6 inches, any accumulation of dead weeds, grass or
brush, or any noxious weeds or plants as defined by the Minnesota
Department of Agriculture. Gardens (pollinator, vegetable, flower, rock,
etc.) are permitted types of yard cover, and must be maintained and not
encroach on other property or the right of way.
(1) Any natural or native grass vegetation exceeding six (6) inches
shall not be any closer to a fire source than twenty-five (25) feet.
(2) Setback requirements for surfaces covered by native vegetation
and/or pollinator gardens shall be a minimum of three (3) feet from
a side yard property line. No vegetative growth greater than
twelve (12) inches in height five (5) feet from any public roadway
adjacent to the front yard, and for corner houses, a public roadway
adjacent to the side yard.
(3) Exemptions: Natural Habitat.
a. All private lands designated by the Council as natural
habitat shall be exempt from Section 150.094(E)
b. All public lands designated in the City's Comprehensive
Plan as natural habitat shall be exempt from Section
150.094(E).
Section 17. Section §150.091 WOOD STORAGE is hereby amended to read as follows:
Wood used for fireplaces as a fuel source for internal heat via fireplace or other
wood burning heating source and/or recreational fires only may be stacked in side
and rear yards, and shall not must be stacked in a location other than the front
yard setback.
Section 18.Section §152.176(D) is hereby amended to read as follows: (D) Setback from
principal building. 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,
measured horizontally, from any eave or other portion of a principal building,
except as provided in division (L) below.
Section 19.Section §152.176(G) is hereby amended to read as follows: (G) Trash
Enclosures for Rubbish, Recyclables, and other waste. Except for Single Family
Residential properties, trash Enclosures, where allowed, shall be required to be
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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 accordance with Section 150.090 of this code.
Section 20.Section §152.179 (A)(3) is hereby amended to read as follows:(3) All
vehicles, as defined in § 152.008, parked on any lot in an R-l, R-1A, R-2, or R-3
District must be parked on a surface paved with asphalt or bituminous material,
concrete, cement, brick, or other paved surface, or on a gravel driveway located in
the front yard.
Section 21. Section §152.179 (C)(2) is hereby amended to read as follows: (2) Driveway
setback. Residential driveways enlarged or reconfigured after the date of
Ordinance adoptions, shall be setback a minimum of 5 feet from the property
lines, unless otherwise authorized by the City Engineer or Public Works Director
in which case a driveway may be located a minimum of 3 feet from the property
lines.
Section 22. Section §153.04 (Stormwater Management - Definitions) is hereby amended
to add the following definition:
RUBBISH. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage, refuse
and trash.
Section 23. Section §153.08 (C). (Stormwater Management - Approval Standards) is
hereby amended to read as follows:
(C) Waste and material disposal. All waste and unused building materials
(including garbage, rubbish, debris, cleaning wastes, wastewater, toxic
materials or hazardous materials) shall be properly disposed of off-site and
not allowed to be carried by runoff into a receiving channel or storm sewer
system
Section 24.Section §155.03 (Sign Definitions) is hereby amended to read as follows:
BILLBOARD: A sign which directs attention to a business, community service,
or entertainment not exclusively related to the premises where such sign is located
(See definition of ON OFF-PREMISES MESSAGES).
Section 25.Section §155.23(F) is hereby amended to read as follows: (F) Non-commercial
signs exemption. All non-commercial signs of any size may be posted in any
number from 46 days before the state primary in a state general election year until
10 days following the state general election. For local elections, which are usually
held on the first Tuesday after the first Monday in November of odd-numbered
years, all non-commercial signs of any size may be posted for 4 weeks prior to a
local election until 5 days following the local election. These exempted non-
commercial signs are not allowed to be placed within 10 feet from the curb and 10
feet from the property lines. If these signs are placed in violation of these
setbacks, they will be removed by the City Code Inspector.
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Section 26.Section §155.27(A) is hereby amended to read as follows: (A) Ground signs
are permitted in all districts but only to the extent permitted in this section and in
the District Schedules set forth in Section 155.29 155.30.
Section 27.The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, 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 28.This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and map shall be posted on the City website after publication. Copies of the
complete Ordinance and map are available online and at St. Anthony City
Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this _______ day of ______, 2022.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
City Clerk
AYES:
NAYS:
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MEMORANDUM
To:Saint Anthony Village City Council
From:Nicole Miller, Assistant to the City Manager
Date:May 10, 2022 City Council Meeting
Resolution:Water Tower Design Poll Results
OVERVIEW
At its worksession meeting on December 14, 2021 the Saint Anthony City Council agreed on a few designs for
the water tower, and also agreed to let the community vote on their favorite design.
The water tower rehabilitation project will begin in early June, 2022. At the end of the project, the water tower
will receive a fresh coat of paint.
The water tower design contest was open for residents to vote during the month of April. The water tower
design contest was promoted in the spring newsletter, city website, and social media.
We received responses from 266 people. Below are the poll results:
1.2.3.
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90
Date Type Staff Present
May 24 Regular Salo Park Concert Series
Villager of the Year and Business of the Year
City Council
City Manager
June 14 Work
Session
Estimated Levy Scenarios
Stormwater projects plan
City Council
City Manager
June 14 Regular Planning Commission Items from May
Approval of 2023 debt levy-public hearing
City Council
City Manager
June 28 Regular Audit Presentation City Council
City Manager
July 12 Work
Session Code Amendments
City Council
City Manager
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
City Council
City Manager
Finance Director
July 26 Regular
Liquor Operations Mid Year Report
VillageFest Presentation
Night to Unite Presentation
Night to Unite Proclamation
City Council
City Manager
Liquor Op Mgr
Police Chief
August 9 Work
Session Staff proposed 2023 Budget and Levy Presentation
City Council
City Manager
August 9
Regular Planning Commission items from July City Council
City Manager
August 23 Regular 2023 Budget & Levy Presentation
City Council
City Manager
Finance Director
September 13 Work
Session Community Survey Results
City Council
City Manager
September 13 Regular
Planning Commission items from August
2023 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Students in Leadership-Consent
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2022
91
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
September 27 Regular
Fire Prevention Presentation
Spirit of St. Anthony Award
SANB #282 Presentation
City Council
City Manager
Fire Dept
October 11 Work
Session 2023 Long term capital budget plans
City Council
City Manager
Finance Director
October 11 Regular Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
City Council
City Manager
October 25 Work
Session 2023 utility rates and budgets
City Council
City Manager
Finance Director
October 25 Regular
Quarterly Donations & Grants
Quarterly Goals Update
Approval of CIP
City Council
City Manager
Finance Director
November 8 Regular
8 PM
Planning Commission items from October
Authorizing polling places for 2023
1st Reading Water, Sewer, & Stormwater-Public Hearing
Hennepin County Recycling Agreement
City Council
City Manager
November 22 Work
Session Planning & Parks Commission Interviews
City Council
City Manager
November 22 Regular
Fire Prevention Poster Winners
2nd Reading and Adoption Water, Sewer, & Stormwater City Council
City Manager
December 13 Work
Session
City Council
City Manager
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2023 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2023 Fee Schedule
Quarterly Goals update
Final reading and adoption of water, sewer, & stormwater
Students in Government Presentation
City Council
City Manager
Finance Director
City Engineer
December 27 Regular City Council
City Manager
2023
92
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
January 10 Work
Session
City Council
City Manager
January 10 Regular
Water Conservation Poster Winners
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 24 Regular
Public Works Snow Plowing Operations presentation
Outside Orgs-Council
City Council
City Manager
February 14 Work
Session
City Council
City Manager
February 14 Regular
Planning Commission items from January
Public Hearing-2023 Budget Calendar and Process
2023 Planning Commission Work Plan- (motion only)
Administration Annual Report
NYFS Agreement
City Council
City Manager
Finance Director
February 28 Regular
GreenCorp Member application-resolution
Adoption of Strategic Plan
Liquor Annual Report
Liquor License Renewals
City Council
City Manager
Liquor Op Manager
Public Works Director
March 14 Work
Session
City Council
City Manager
March 14 Regular
Planning Commission Items from February
Public Works Annual Report
2023 Parks and Environmental Commission Work Plan- (motion only)
City Council
City Manager
Public Works Director
March 28 Regular
Police Annual Report
Wyland Water Challenge
City Council
City Manager
Police Dept
April 11 Work
Session
Debt Levy/Updated Street Improvement Plan
Code Amendments
City Council
City Manager
Finance Director
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Fire Annual Report
Arbor Day Proclamation
Earth Day Proclamation
Quarterly Goals Update
Call for Sale of GO Bonds
City Council
City Manager
Fire Dept
93
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
April 25 Regular
2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction,
Finance Annual Report
City Council
City Manager
City Engineer
May 9 Work
Session
City Council
City Manager
May 9 Regular
Planning Commission items from April
Insurance Renewal
Tort Limits - Consent
Approve sale of bonds
City Council
City Manager
City Engineer
94