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HomeMy WebLinkAboutCC PACKET 03272007CITY OF ST. ANTHONY CI'T`Y COUNCIL MEETING AGENDA March 27, 2007 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: I. Approval of the March 27, 2007, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. A. Minnesota Chiefs of Police Association Meritorious Service Award presented to Jeff Spiess by John Ohl, Police Chief. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilrnernber or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of March 13, 2007, Council Meeting Minutes. (pp.1 -16) B. Licenses and Permits. (pp. 17 -19) C. Claims. (pp. 20 - 22) IV. Public Hearing. V. Reports from Commission and Staff. A. Resolution 07-032; Approval of Amendment to the Parking Plan of the Kenzington Development Plan. (pp. 23 - 25) VI. General Business of Council. (action requested on all items) A. Resolution 07-033; Sale of General Obligation Improvement Bonds Series 2007A. Stacie Kvilvang, Ehlers & Associates, presenting. (pp. 26 - 50) B. Resolution 07-034; Livable Communities Sidewalk Grant for Stinson Boulevard. C. Resolution 07-035; Livable Communities Sidewalk Grant for Silver Lake Road. (pp. 51- 57) D. City Quarterly Goals Update. Mike Mornson, City Manager, presenting. (pp. 58 - 67) VII. Reports from City Manager and Councilmembers. VIII. Community Forum. Individuals may address tire City Council about any item not included on the regular agenda. Speakers are requested to corn to the podium, sign their nairre and address on the form at tire 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 thn, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. Minnesota Chiefs of Police Association 1951 Woodlane Drive Woodbury, MN 55125 800-377-4058 toll free 651-457-0677 tel wwwannchiefs.org March 15, 2007 St. Anthony Police Department Chief John Ohl 3301 Silver Lake Road NE St. Anthony, MN 55418 Dear Chief Ohl, Since 1971, the Minnesota Chiefs of Police Association Awards Program has been a way to recognize police officers in our state who best exemplify the highest ideals of the profession. We are proud to announce that Officer Jeff Spiess has received the Meritorious Service Award. The criteria for this award include: • This certificate is presented for an act that is well above the expected in the performance of duty. • The act should be an exceptional accomplishment that is usually distinguished by a succession of outstanding acts of achievement over a sustained period of time. At this time, your officer is unaware of being selected for this award. We would like you to be the first to congratulate your officer and present your officer with the certificate. Officer Jeff Spiess and your department will be noted at the Executive Training Institute Annual Awards Ceremony on April 18, 2007. Congratulations to your officer and your department. Sincerely, Harlan John o , Executive Dr � ctor Enclosure Dedicated to the ideaht qfjorofessionalpolicing Fnao 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES March 13, 2007 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Mayor Faust; Council members Gray, Horst, Stille, and Thuesen. Absent: None. Also Present: City Manager Mike Mornson, City Engineer 'Todd Hubmer, Director of Public Works Director Jay Hartman, Fire Chief John Malenick, Police Chief John Ohl, Liquor Operations Manager Mike Larson, Finance Director Roger Larson, and City Attorney, Jerry Gilligan. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF MARCH 13, 2007 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Horst, Seconded by Councilmember Gray, go approve the City Council Meeting Agenda of March 13, 2007. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS. Police Chief John Ohl addressed the Council introduced Mr. Bob O'Brien, Safe and Sober representative the St. Anthony region of the State Minnesota. He pointed out Mr. O'Brien Mr. O'Brien addressed the Council and stated he works for the Department of Public Safety, Office of Traffic Safety and is the Law Enforcement liaison for the Metro area overseeing the Safe and Sober program. He stated it is not just about enforcement, it is also about education and working with the media to let citizens know what is happening with the Safe and Sober program. He stated the St. Anthony Police Department took part in the December 2006 mobilization and was been awarded a prize. Mr. O'Brien mentioned Chief Ohl opted to take the five educational opportunities worth about $3,000. Mr. O'Brien stated the Safe and Sober program concentrates on driving under the influence, seatbelt use, and speed limits. He pointed out more people died from car accidents last year than from homicides. He mentioned Idea is officers are doing a great job of enforcement. He stated the officers of St. Anthony are doing a terrific job resulting in lower crime rates and a safer city. Mr. O'Brien stated he came to thank the City Council and the community for their efforts in supporting the Safe and Sober program. 1 City Council Regular Meeting Minutes March 13, 2007 Page 2 2 Mayor Faust thanked Mr. O'Brien for taking the time to recognize the St. Anthony Police 3 Department. He stated it did not surprise him that Chief Ohl took the prize in the form of 4 training rather than the dollars. 6 Chief Ohl introduced Sergeant Dan Diagnau, who does the paperwork associated with the Safe 7 and Sober program. He stated Sergeant Diagnau is a 16 year veteran of the St. Anthony Police 8 Department. He stated many of the 2006 statistics are from the hard work of Sergeant Diagnau. 9 Chief Ohl introduced Officer Dan Johnson and Officer Jeff Spiess as two of the top performing 10 officers in the department. He stated Officer Johnson is an eleven year veteran with a total of 11 330 citations written in 2006. Chief Ohl reported Officer Jeff Spiess is an eight year veteran and 12 three years as a reserve officer before that. He stated Officer Spiess wrote a total of 935 13 citations written in 2006. 14 15 Chief Ohl introduced Ryan Baker and John Schlingman as the two new police officers for the 16 City of St. Anthony. Mayor Faust swore in the Officer Baker and Officer Schlingman. 17 18 Mayor Faust stated the first time he saw an officer sworn in, the Mayor told them to be safe. He 19 thanked the officers and their families 20 21 III. CONSENT AGENDA. 22 A. Approval of February 1133 2007 r,...neil 23 B. Consider licenses and permits. 24 C. Consider payment of claims. 25 D. Resolution 07- 029; Accept a donation from the Middle Mississippi Watershed 26 Management Organization. 27 28 Mayor Faust removed item A, Approval of February 13, 2007 Council Meeting Minutes, to vote 29 on them separately. 30 31 Motion by Councilmember Thuesen, Seconded by Councilmember Stille, to Approve the 32 Consent Agenda Items B, C, and D. 33 34 Motion carried unanimously. 35 36 A. Approval of February 13, 2007 Council meeting minutes. 37 38 Motion by Councilmember Horst, Seconded by Councilmember Stille, to Approve the City 39 Council Minutes of February 13, 2007. 40 41 Motion carried. 4 Ayes, 0 Nays, 1 Abstention (Mayor Faust). 42 43 IV. CONTINUATION OF FEBRUARY 13, 2007 PUBLIC HEARINGS. 44 A. Resolution 07-024; Ordering Improvements 45 46 Mayor Faust opened the public hearing as a continuation at 7:20 p.m. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes March 13, 2007 Page 3 Mr. Todd Hubmer, WSB & Associates, reported the project consists of street reconstruction, replacement, and new construction of sanitary sewer, water main, and storm sewer lines, sidewalk improvements, and lift station modifications. I -Ie reported three resolutions are before the Council for consideration that include a resolution ordering improvements, a resolution adopting and confirming assessments for the various public improvements, and a resolution awarding a bid for the 2007 street and water main improvements. Mr. Hubmer indicated the street reconstruction project would include the following locations: 27°i Avenue N.E. from Stinson Boulevard to Coolidge Street; Pahl Avenue from Roosevelt to Wilson Street; Roosevelt Street N.E. north of 27"' Avenue; the alleys between Roosevelt and Wilson Streets -north and south of Pahl Avenue; the ally south of 27'x' Street from Stinson Boulevard to Wilson Street; 39°i Avenue N.E. from Silver Lake Road to Chandler Drive; Chandler Drive from 39'x' Avenue N.E. to Foss Road; the Foss Road Lift Station; the Foss Road Lift Station force main from the lift station to Roseville; Highcrest Drive sidewalk and lighting from 37°i Avenue to 33`d Avenue; and the Old Highway 8 sidewalk and lighting from 33`d Avenue to 29d' Avenue. Mr. 'Todd Hubmer informed Council the street and utility improvements include 27°i Avenue N.E. from Stinson Boulevard to Coolidge Street, Pahl Avenue from Roosevelt to Wilson Street, Roosevelt Street N.E. north to 27'1' Street, the alleys between Roosevelt and Wilson Streets; north and south of Pahl Avenue, the alley south of 27°i Street from Stinson Boulevard to Wilson Street, and 39°i Avenue N.E. from Silver Lake Road to Chandler Drive. Mr. Todd Hubmer reported the bids for the improvements were received, opened, and tabulated according to law. He stated Meyer Contracting, Inc. of Minneapolis submitted the lowest bid. He stated the bid for asphalt pavement and sanitary sewer rehabilitation is $3,456,243.27 Mr. Hubmer stated some of the common project concerns expressed included driveway replacement, access to driveways and alleys to homes, sidewalk and concrete step replacement, access during events and for special needs and disruption to sprinkler systems and invisible fences. He assured everyone that the City would work with them to mitigate the impact. Some concrete and step replacement will take place at this time also. He instructed residents to contact Mr. Pete Baker, Project Manager, with questions. He assured everyone the City would work with them to relieve the impact. Mr. Hubmer stated the project was scheduled to begin in late April 2007, however, with the recent snow, the road restrictions would probably remain until May. He indicated Center Point Energy would relocate gas mains in all streets during this time. He indicated the project is scheduled for completion the end of October 2007, weather permitting. Mr. Hubmer reported street and local draining costs would be assessed at 35 percent to the residents, 50 percent to commercial tax-exempt properties and 65 percent to the City's general levy. He explained the calculations were made using the lineal feet of street frontage. Mr. Hubmer stated the water service replacement fee is a flat $400 fee. TIe explained how the frontage estimates are assessed. He reported the total assessments are $523, 454.33. Mr. 3 2 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes March 13, 2007 Page 4 Hubmer explained the different options to pay the 2007 assessments, including full payment, partial payment, deferred payment, and applying the assessments directly to property taxes. Councilmember Thuesen asked to clarify the water connection fee for the residents. Mr. Hubmer replied the City's policy is that residents are responsible for stop box from the service line to the shut-off box and the City is responsible for the shut-off box to the City main. He stated the boxes are about 50 years of age and need to be replaced. Councilmember Stille asked Mr. Hubmer to talk about the time frame and the expectations for completion in comparison to last year. Mr. Hubmer stated last year was an unbelievable year for street construction. He pointed out the great weather allowed projects to be finished nearly two months early. He indicated the 2007 projects would be weather dependent. ITearing no comments from residents, Mayor Faust closed Public Hearing at 7:34. Motion by Councilmember Gray, Seconded by Councilmember Stille, to Approve Resolution 07-024, A Resolution Ordering Improvements. Motion carried unanimously. 13. Resolution 07-025; Adopt and Confirm Assessments for 2007 Street and Utility Improvements. Motion by Councilmember Stille, Seconded by Councilmember Horst, to Approve Resolution 07-025, A Resolution Adopting And Confirming Assessments For The 2007 Street and Utility Improvements. Motion carried unanimously. C. Resolution 07-026; Award the bid for the 2007 Street and Utility Improvements Motion by Councilmember Gray, Seconded by Councilmember Thuesen, to Approve Resolution 07-026, A Resolution Awarding a Bid For 2007 Street and Utility Improvements. Motion carried unanimouslv V. REPORTS FROM COMMISSION AND STAFF. A. 2006 Department Head Reports 1. Fire Department Chief Malenick stated 2006 was an unbelievable year with a decrease in overall calls for help. He reported EMS runs totaled 704, Fire/Hazardous conditions of 73, and service calls totaled 203. He reported total calls of 980 were down from the 1043 calls in 2005. Chief Malenick 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes March 13, 2007 Page 5 stated this was partly due to the great weather. He provided a breakdown of their trauma/medical calls, working fire calls, fire loss costs, and all other calls. Chief Malenick reported on the 3000 hours of training provided, fire prevention programs and the community projects they were involved in for 2006. He discussed the $200,000 grant awarded and how the money was spent. Chief Malenick summarized the local code enforcement and total documents reports. He reported there were a total of 192 documented reports in 2006 compared to 104 in 2005. He explained these consist of parking violations, vegetation, garbage, refuse, sign violations, structure and yard maintenance, and noise violations. Chief Malenick stated pandemic planning for the City has begun. I -Ie explained the World Health Organization identified a potential pandemic flu epidemic and asked all Cities to minimize the impact. He reported his focus would be on department heads and workings with City Administrator Morrison on the letting residents know what to expect with manpower and supply shortages in case of a pandemic. Chief Malenick thanked his staff for the outstanding job they did in 2006. Iie reported they work hard for him and the City. Councilmember Gray congratulated the Fire Department on a great year. He asked if there are communities that do not report the dollars lost. He also asked Chief Malenick to talk about $91 amount per fire and the number of fires, explosions, and hazards and how it relates to previous years. Chief Malenick replied some communities did not report the dollar loss amounts. He stated the low dollar amount is mostly due to the weather. He indicated the State average is about $2500 lost per fire. Councilmember Gray asked if dollar amount impacts the ISO rating for insurance purposes. Chief Malenick replied they did look at it but it did not have much weight in the calculations He explained that what the insurer looks at were for the ISO is mostly manpower, equipment, and the water system used at each fire. Councilmember Horst stated one of the community's concerns with regards to the development of Silver Lake Village was the influx of up to 2,000 residents, raising the population about 20 percent and the impact it had on emergency services. Chief Malenick replied most calls would be for emergency services. He reported seeing and increase in calls but nothing significant. He reported what did generate more calls was the new clinic that moved into Silver Lake Village. Councilmember Hoist asked if this stress the Fire Department. 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes March 13, 2007 Page 6 Chief Malenick replied it did not as most calls are handled by a two person crew. He indicated part time staff is also used when necessary. Councilmember Stille stated on the average dollar loss for year, he would like to see a rolling average. He stated, in regards to the clinic, it is interesting that it calls the Fire Department when doctors are available at the clinic. He stated it is commendable for what the City could offer its citizens. I -Ie stated as far as local code enforcement, the Fire Department did a really good job with this. He informed residents the Hotline number is available on the website. Mayor Faust expressed appreciation for the training received from the Emergency Operations Center and the National Incident Management Center. He asked Chief Malenick to talk about the ISO rating and what this means to individuals and businesses relative to insurance. Chief Malenick explained the Insurance Services Organization (ISO) is a nonprofit organization that rates cities on a scale of 1-10 to mitigate hazards. He stated the lower the number the better rating reflected on home owners and business insurance. He indicated St. Anthony has a rating of four which mostly impacted commercial insurance. Mayor Faust thanked Chief Malenick and the Fire Department for the excellent work they do. 2. Police Department Annual Report Chief John Ohl thanked Mayor Faust, the Council, and residents for their support of his officers. Chief Ohl He reported decrease in Part One offenses by 15 percent, which he attributes to retailer policies. He reported an increase in Part Two offenses of 95 over 2005. He explained the Part Two offences include certain patrol activities. He stated DWI and liquor are included under Part Two offences. Chief Ohl mentioned the Safe and Sober money and increased staff on the street added to the increase in activities. He reported total calls for services averaged about 18 per day. He indicated this is due partly to new residents and businesses in the City. Chief Ohl reported a total of 761 criminal cases with 470 of those closed by either arrest or other means; a 61 percent clearance rate. He stated this goes to overall commitment on crime prevention. He stated this sends a message that they investigate all cases, large or small to a logical conclusion. Chief Ohl reported on the Patrol Review which is the meat and potatoes of what police work is all about. He reported 2246 citations for moving violations, 632 non-moving violations and 1115 arrests in 2006. He stated St. Anthony is not soft on crime. He reported there is a four prong approach to crime prevention: arrest offenders, prevent offences, solve problems, and increase the overall quality of life. He stated this sends a clear message to criminals that St. Anthony would aggressively investigate all crimes. Chief Ohl Police recapped the Education Summary reporting that most officers have BA and continuous training is pursued by logging about 1200 hours. He listed the numerous types of City Council Regular Meeting Minutes March 13, 2007 Page 7 1 training for 2006 and stated a well educated agency delivers the kind of law enforcement service 2 the citizens of St. Anthony have come to expect. 4 Chief Ohl highlighted elements of the Reserve Officer Summary stating 3007 hours were 5 donated in 2007. He stated of this, over 650 hours were donated for events. He mentioned the 6 Reserve Officers group consists of law enforcement students and some are community 7 volunteers wanting to give back to the community. He stated this is an incredible asset to the 8 City of St. Anthony. 9 10 Chief Ohl elaborated on the Crime Prevention Summary explaining it is a combined effort of the 11 community, businesses, and government. He reported DARE is part of crime prevention and an 12 opportunity to make positive impacts with children before a negative one is reported. 13 14 Chief Ohl reported they participated in the relay for life, naming Officer Mark Mosby, cancer 15 survivor, the Honorary Chair. Ile reported the raised approximately $2900. 16 17 Chief Ohl indicated the work plan is listed in the annual report for Council's review. He stated 18 the group of officers he has the honor of working with would mean much without the support of 19 City Council and the City Manager. He thanked Council for great year in 2006 and looks 20 forward to working together in the future. 21 22 Councilmember Thuesen asked about the commitment of the bike patrol for the spring and 23 summer. 24 25 Chief Ohl replied the bike patrol would be out more as overtime had been increased. He stated 26 he made it clear he would not steal from patrol to make things happen. 27 28 Councilmember Thuesen complemented the Police Department for their visibility in the 29 community. He stated it is a great tool and for adults and children to see an officer on a bike. He 30 stated he is amazed with what the Police Department does with an act of presence on the streets 31 and how routine traffic stops turn into greater offences. 32 33 Chief Ohl replied high visibility is the key and statistics bear this out. He agreed it is amazing 34 how a routine stop turns into a larger offence. 35 36 Commissioner Horst reiterated the impact of Silver Lake Village on St. Anthony and asked what 37 calls and/or stresses he has seen on the Police Department due to the development. 38 39 Chief Ohl replied he was amazed at the decrease in calls for 2006. He stated calls for service 40 increased and would continue to rise as new residents and businesses move into St. Anthony. He 41 sees this as new vitality and an opportunity to welcome new people into the community. 42 43 Councilmember Horst asked about the speed cart. 44 45 Chief Ohl stated the part time CSO and the fact that the speed cart is battery operated means it 46 runs out of energy before the CSO can replace the battery. City Council Regular Meeting Minutes March 13, 2007 Page 8 Councilmember Gray complemented Chief Ohl and the department for the great job they do. He stated that the more serious crimes have gone down year after year asked if this is typical of the suburbs or is St. Anthony better than other suburbs. 5 Chief Ohl replied St. Anthony is a first ring suburb and one of things the Police Department has 6 tried to do is to work hard to decrease crimes against persons and property. He explained crimes 7 against persons are relatively flat, partly due to active patrols, citizens willing to call, and very 8 active investigations. He stated it is the efforts of the Fire Department, Code Enforcement, 9 Public Works, and the Police Department that keeps it flat. 10 11 Councilmember Stille stated one other reason to take note of bike patrol is one of the goals is to 12 identify environmental impacts of the City. He indicated it would set an example of what the 13 City could do make people think. IIe commented that in regards to response time, he read an 14 excerpt from an email he received on how fast it was. Councilmember Stille asked Chief Ohl if 15 he tracked response time. 16 17 Chief Ohl replied two minutes from dispatch to entering on scene is what they consider 18 acceptable. 19 20 Mayor Faust stated he is a big advocate of the use of 911. Ile reiterated 911 is there for people to 21 use. He stated residents should feel assured they will not be criticized for using it. He stated 22 Chief Ohl is in agreement. 23 24 Mayor Faust congratulated the department and stated the sensitivity shown by the officers to the 25 citizens is above and beyond. 26 27 3. Finance Department 28 29 Mr. Roger Larson, Finance Director, presented the financial report based on Phase 1 of the audit 30 completed the last week of January 2007. 31 32 Mr. Larson reported on the General Operation Fund with $4,308.958 in actual revenues and 33 $4,212,886 in actual expenditures. He stated the general fund revenues are received in July and 34 December so the City must maintain an adequate balance to meet daily obligations. Mr. Larson 35 stated the benchmark is the fund balance should be at 35 percent of the next year's budget. 36 37 Mr. Larson stated interest earnings, cash, and investments. He stated the general investments 38 amounted to $253,620, water filtration at $222,737, and HRA Investments at $129,681. 39 40 Mr. Larson reported the issuance of debt for 2006 amounted to $3,190,000. He stated this is 41 broken down by a $2,020,000 in road improvement bon, a refinanced 1998A in the amount of 42 $465,000 and refinanced 2004 temporary bond for $705,000. 43 44 Mr. Larson reported on the City's credit rating. He stated the City made application for and 45 upgraded its rating tax capacity needs to be higher for a rating increase. 46 City Council Regular Meeting Minutes March 13, 2007 Page 9 Mr. Larson reported the Water/Sewer Fund revenues amounted to $1,511,273 and expenditures were $1,452,309. He stated the Metropolitan Waste budget was $485,000 with an actual cost of $418,009; a savings of $66,991. Mr. Larson indicated the I/I program should reduce future costs. Mr. Larson commented the wireless water meters have been installed in 800 meters installed with 1400 left to be installed. He asked the residents who receive a meter reading card to please read their meter and return the card to the City. He stated that as the new meters are installed, the meter cards would be discontinued. 10 Mr. Larson reported the City hired a new auditor in 2006. He stated the City is attempting to 11 receive the Certificate of Excellence Award. He stated this is presented by the Government 12 Finance Officers Association for financial reporting excellence. He indicated the first 13 submission would be summer 2007. 14 15 Mr. Larson reported projects for 2007 include the Street Improvement project bond sale set for 16 March 27, 2007 for $2,050, 000 and the payment/extension of the $3,350,000 Fannie Mae loan. 17 18 Councilmember Stille asked about cash and investments and the City's strategies and policies 19 with regard to investments. 20 21 Mr. Larson replied there are State restrictions on what the City could invest in. He stated the 22 City could do fixed investments. He stated the key is how cash is managed when everything is 23 due. He stated enough cash is kept on hand to meet daily and monthly obligations. He 24 indicated the real advantage is knowing what is long term and the ability to wait for better 25 interest rates. He stated the increase in 2006 is because short term rated increased significantly. 26 27 Councilmember Stille stated this is the inverted curve. 28 29 Mayor Faust asked about the day-to-day on 4M account fund. 30 31 Mr. Larson replied the rate would vary from five short and long 6.15. He stated there is probably 32 $2 Million in the account. 33 34 Mayor Faust explained this is the League of Minnesota Cities that is invested to help cities get a 35 better rate of return, but also gives them the opportunity to get the money in a day if it is needed. 36 37 Mayor Faust asked about the City's credit rating and what total tax capacity is 38 39 Mr. Larson replied tax capacity is at $7, 941, 153 and the City needs to get to $9 or $10 Million. 40 He stated this is strictly tax capacity. 41 42 City Manager Morrison commented there are other items St. Anthony would have to accomplish 43 to raise the credit rating. 44 45 46 0 City Council Regular Meeting Minutes March 13, 2007 Page 10 1 4. Public Works Department 2 3 Mr. Jay Hartman presented the Public Works Department report. He presented a brief overview 4 of the department and its accomplishments in 2006 and the proposed 2007 goals. 6 Mr. Hartman stated Public Works is responsible for the maintenance and repair of the City's 7 infrastructure and is divided into four departments; Vehicle Maintenance, Street Department, 8 Parks Department and Water/Sewer Department. He stated every January, the goals and 9 objectives are discussed. 10 11 Mr. Hartman reported the capital improvements projects completed in 2006 include the water 12 infiltration plant, GAC filter media replacement, the 2006 Consumer Confidence Report, the 13 rehabilitation of municipal well number four and the elevation of the tank and ground storage 14 reservoir inspection and cleaning. 15 16 Mr. Hartman stated the 2006 Street Reconstruction included 30°1 Avenue, Roosevelt Street, 17 Murray Avenue and Coolidge Street. He reported the improvements included the replacement of 18 the water main, sanitary sewer, and storm sewers and the road surface to include curb and gutter. 19 20 Mr. Hartman stated the 2006 departmental accomplishments included the AMR/I&I public 21 education and contract award, the Silver Lake Road Task Force, the Market Place landscape 22 project, the Salo Park sculpture installation, and the addition of three Public Works employees. 23 24 Mr. Hartman reported the 2007 Public Works projects include the Foss Road Lift Station and 25 force main project on 39"' Avenue; sidewalk and street lighting project on Higherest Road 26 between 37`x' Avenue and 29`x' Avenue; the water treatment plant filter media change; and 27 AMI/I&I inspection completion goal of June 1. 28 29 Mr. Hartman stated plans beyond 2007 include the 2008 Silver Lake Road project, sidewalk and 30 street lights on Silver Lake Road, the south side of 37°i Avenue, Stinson Boulevard, Silver Lane, 31 Water Quality Improvements, Storm Water Reuse/MWMO, and Mirror Lake dredging. 32 33 Mr. Hartman reported the upcoming events in 2007 include the Safety Fair on April 28; the 34 Annual City-wide Clean Up date at Public Works on May 5; Salo Park Sculpture Dedication on 35 May 17, and Village Fest in August 2007. 36 37 Mr. Hartman reported 2006 was a very productive year for Public Works. Ile stated that overall 38 they were able to accomplish their goals. He indicated he attributes the success of Public Works 39 Department to the dedicated and knowledgeable employees. Mr. Hartman stated it has always 40 been their mission and focus to meet and exceed the level of other public works companies. 41 42 Councilmember Gray stated it is easy to focus on snow removal this time of year. He indicated 43 he had lots of complements on the Public Works staff and their ability to keep the City moving. 44 He asked Mr. Hartman if he received any complaints. 45 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes March 13, 2007 Page 11 Mr. Hartman replied they received no complaints. He stated staff put in the time. He stated he received lots of complements from surrounding cities. Councilmember Gray asked if, on the I/I program, there is enough opportunity to be enough to take care of the spikes in the water. Mr. Hartman anticipated it would. He pointed out the pilot program indicated that 70% of the 60 homes failed, meaning there is a passive system causing problems downstream. IIe stated that they are finding many failed systems and once these are taken off line it should make a difference. Mayor Faust stated this has been a crazy year. He stated that Public Works kept the ice rinks open when it was warm and kept the City streets open during the storms. He asked for the width it of sidewalks going in would be. Mr. Hartman replied they would be five foot standard concrete sidewalks. Mayor Faust asked Mr. Hartman to pass on to his staff that it is very responsive and respectful. 5. Liquor Operations Mr. Mike Larson, Liquor Operations Manager, presented the annual liquor report. He stated this is the first full year that he could report good comparable information. He stated the stores opened in the summer and fall of 2004 and did not have full year to report on. Mr. Larson reported that during 2006, St. Anthony owned and operated two off -sale liquor stores. He stated one is located in the Marketplace store at 2700 Highway 88 and the other at the Silver Lake Village Store located at 2602 39°i Avenue. Mr. Larson stated the operation employs a Liquor Operations Manager, a full time Assistant Operations Manager, a full time clerk, and 24 part time employees. Mr. Larson stated the goal of Liquor Operations is to control the sale of beverage alcohol to minors and intoxicated persons while simultaneously generating revenue for the community, in accordance with City, State, and County liquor laws and ordinances. Mr. Larson summarized the total 2006 sales were $6,814,000 or an increase of $520,000 over 2005. Ile stated sales at Marketplace were $2,933,000 and $2,881,000 at the Silver Lake Village store. Ile indicated this was a gross profit increase of 16.5 percent and a net profit of $414,000. Mr. Larson recapped the activities for 2006. IIe stated Liquor Operations hosted many in-store product samplings events, assisted with the Village Fest Beer Garden and the St. Anthony Chamber of Commerce Golf Tournament, hosted the Liquor Forum with other Municipal Liquor Operations, and hosted the tasting Events at the Village Pub. Mr. Larson stated St. Anthony Liquor Operations were the recipients of the Lillie Newspaper's Reader's Choice Awards, the Best Wine Selection and the Best Beer Selections. IIe stated 11 City Council Regular Meeting Minutes March 13, 2007 Page 12 Liquor Operations successfully passed all of the alcohol and tobacco compliance checks performed by the Police Department. Mr. Larson commented on the customer survey responses. He indicated the surveys indicated employees are courteous, knowledgeable, provide carryout service and accurate; the interior and exterior are clean and organized; the product selection and prices, and they are knowledge of reduced taxes. He reported they received a 94% excellent or good rating. 9 Mr. Larson thanked all City Staff, departments and the council for their support. 10 I 1 Councilmember Thuesen asked what results are seen from the sampling events. 12 13 Mr. Larson stated sampling events work out very well for most retail environments. He stated 14 they have a two prong tasting option. I°le stated an on-line sign up option with the event held for 15 their on-line club members or in-store tastings are held in the store with the different vendors and 16 suppliers of the stores. He stated they carry such a variety of beers and wines that it is 17 overwhelming for customers to know what is available. He stated these events help the 18 customers make more informed selections. 19 20 Councilmember Thuesen congratulated Mr. Larson on the compliance checks and for the record 21 year. 22 23 Mayor Faust stated the police and liquor work hand in hand and are mutually supporting. The 24 goal is safety and the sale of liquor. He pointed out compliance checks are unannounced as the 25 potential to sell to a minor are tremendous. Ile stated that earlier Mr. Roger Larson pointed out 26 the $414,000 in profit on liquor sales equates to 17 percent less the City has to collect in property 27 taxes. Mayor Faust congratulated the Liquor Operations staff. 28 29 Mayor Faust stated the Council and community witnessed five presentations by department 30 heads on what happens in the City. He said each department talked about goals in internal to 31 their departments. He stated everyone also heard department heads have a great deal of 32 cooperation together. Mayor Faust stressed this is what the City and department heads do that 33 synergizes the City. 34 35 VI. GENERAL POLICY BUSINESS OF THE COUNCIL 36 37 A. Resolution 07-030; Establishing a Road Reconstruction Task Force 38 39 City Manager Morrison stated this is a resolution calling for the establishment of a task force of a 40 group of citizens to study the reconstruction of concrete streets. He stated it had been the City's 41 intent to reconstruct concrete streets with asphalt with concrete curb and gutter. Mr. Mornson 42 indicated the next time a concrete street is 2009. 43 44 City Manager Mornson reported that at the February 13, 2007 Council meeting, two residents 45 approached the Council about an opportunity to have some public discussion on the City's 12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes March 13, 2007 Page 13 assessment policy. Ile stated that at the meeting residents indicated to the Council there were several other residents concerned with the City's policy on the reconstruction of concrete streets. City Manager Morrison indicated the proposed schedule for the task force would be March 21 to advertise for task force members, approval of the task force by Council on April 24`x', and the task force kickoff meeting on May 17, 2007. He stated all meetings would be held from 7:00 p.m. to 9:00 p.m. Mr. Morrison proposed Mr. Jay Hartman would be the facilitator and Mr. Todd I Iubmer would assist. He indicated Council should decide if they would appoint two members to the task force. Mayor Faust stated there are typically two Council members on a task force to insure buy in and provide guidance. Ile asked Council who would be willing to serve on this task force Councilmember Gray commented he pushed for the reconstruction policy as it is, indicating asphalt was the most economical way to proceed. He stated he did not realize how emotional the issue would be. He indicated he thinks this is a good way to get the community involved. Councilmember Stille asked if Ehlers would be involved. City Manager Morrison replied they would be involved relative to the financial element. Mayor Faust said the task force is a good idea for this emotional issue as it provides an opportunity to discuss this in another venue. He stated he is supportive of a task force to look at this as it involves everyone. Council members Thuesen and I Iorst volunteered to be on the task force. Motion by Councilmember Stille, Seconded by Councilmember Gray, to Approve Resolution 07-030, a Resolution Establishing a Road Reconstruction Task Force and Appointing Members Thereto. Motion carried unanimously. B. Resolution 07-031; Approving Issuance of Tax Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series 2007 by the Housing and Redevelopment Authority of the City of St. Anthony. Mr. Jerry Gilligan, City Attorney, stated this is a resolution approving the issuance by the HRA of Tax Increment Revenue Bonds for Silver Lake Village Phase IA housing portion of the development. He stated now that the project is complete the City would reimburse the developer for costs eligible under the TIF and in addition, proceeds would be used to pay down the Fannie Mae loan pursuant to the redevelopment agreement with the developer. He stated the revenue bonds are only payable from the available TIF derived from the Phase IA development. Councilmember Stille asked how long it would be before the bonds are paid off. 13 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes March 13, 2007 Page 14 City Attorney Gilligan replied that typically the amortization would be about 22 years. He stated conservative modeling is done based on the existing market value and if there is increment greater than what is needed to pay the debt service would be used to pay down the bonds. Councilmember Stille clarified the more value created, the faster the note is paid off and the faster the increment would come back to the City. City Attorney Gilligan replied the more increment the faster the bonds are repaid. Councilmember Stille stated if tax rates do not hold up, bond holders would be paid off later, but the City would not have to pay off the debits. City Attorney Gilligan replied that was correct as the City did not pledge this. He stated the detail would be available at next meeting. Motion by Councilmember Gray, Seconded by Councilmember Thuesen, to Approve Resolution 07-031, a Resolution Approving Issuance of Tax Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series 2007 by the Housing and Redevelopment Authority of the City of St. Anthony. Motion carried unanimously. VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. City Manager Monson thanked the department heads for the great reports, the energy, the synergy, enthusiasm, and the inter department cooperation s unbelievable. He stated the department head all have five different strengths that they bring together to make the City succeed. City Manager Morrison reminded Council of the joint with the Planning Commission on March 20, 2007. City Manager Morrison reported the next regular Council meeting will be on March 27, 2007. City Manager Morrison stated he and four members of the Council would attend a meeting at the Capital on March 29, 2007 for the Legislative meeting with the League of Minnesota Cities. City Manager Mornson reported he started his Junior Achievement program with the second graders and mentioned they are very good listeners. He stated he plan to bring the students to a Council meeting and present them with certificates at that time. City Manager Morrison stated he would be part of a focus group for the League of Minnesota Cities insurance trust fund. He stated one of the things they are considering is providing flood protection for City buildings, which they currently do not have. He stated they are looking for ten to fifteen cites who have had experience with flooding. ffi City Council Regular Meeting Minutes March 13, 2007 Page 15 Mayor Faust stated it is important City Manager Mornson did these types of things because every time lie does something with League of Minnesota Cities, St. Anthony benefits. Councilmember Thuesen congratulated all the departments on their wonderful performance for and to keep up the good work. 7 Councilmember Gray reported on the services provided by the Northwest Youth and Family 8 Services to the residents of St. Anthony. He commented the City contracts yearly for services at 9 a cost of 3,500 per year. He pointed out the total market value received is $15,574; hence, this is 10 a good value for the $3500. 11 12 Councilmember Horst reported attending a dinner meeting on March 11, 2007 at the Mark's 13 residents to celebrate St. Earls Day. He mentioned St. Earl was the patron saint of Finland. 14 Councilmember Horst stated a board meeting was held after dinner to discuss the upcoming 15 student visit from Finland and the sculpture dedication. 16 17 Mayor Faust reported Council met with the Parks Commission on March 12, 2007 to go over 18 goals, issues, and feedback. 19 20 Mayor Faust reported Council would meet jointly with the Planning Commission on March 21, 21 2007. 22 23 Mayor Faust reported Council met with the school district on March 13, 2007 for their quarterly 24 meeting updated. 25 26 Mayor Faust reported he chaired the Middle Mississippi Water Management Organization on 27 March 13, 2007. He stated a feasibility study was approved to construct an inline storm water 28 treatment facility at the south end of St. Anthony. Mayor Faust indicated the City was given 29 $15,300 by the MMWMO to do this. He reported a second feasibility study was approved to 30 construct a storm water reuse storage facility at City Hall on Central Park to recapture some of 31 the water flushed down after a filter backwash is done. He stated $14,500 was approved for this 32 feasibility study. 33 34 Mayor Faust reported Council approved Resolution #07-029 to apply a $30,000 grant received 35 from MMWMO for best management practices towards a new street sweeper. IIe stated two 36 years of study would be done to identify the benefits of the sweeper. He stated the City of St. 37 Anthony garnered nearly $60,000 from the MMWMO. He stated this is an indication of the 38 good relationship between St. Anthony and the Middle Mississippi Water Management 39 Organization. 40 41 VIII. COMMUNITY FORUM. 42 43 Mayor Faust invited residents to come forward at this time and address the Council on items not 44 on the regular agenda. 45 46 Hearing none, Mayor Faust moved forward with the agenda. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 City Council Regular Meeting Minutes March 13, 2007 Page 16 IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust informed Council he received letter for US Postal Service stating a new postal unit would be located at the Fuel Mart at 3809 Stinson Boulevard. He said the mew postal unit would provide a full range of services to the residents of St. Anthony and the surrounding areas and provide extended weekend and evening homy. Mayor Faust mentioned he talked to the station manager in Columbia Heights and was told this postal unit would provide everything except sell money orders. He stated this would replace the contract postal office lost when Apache Plaza was torn down. Mayor Faust reported a Safety and Loss Control workshop would be put on by League of Minnesota Cities for $20. He encourage any and all to attend. X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. None X1. ADJOURNMENT. Mayor Faust adjourned the meeting at 9:40 p.m. Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor In Saint Anthony Village DATE: March 27, 2007 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Linder's Greenhouses, St. Paul, MN Rainbow Tree, St. Louis Park, MN Reliable Tree Service, Fridley, MN Heating and Air Conditioning License: Heated Floor Systems, Oakdale, MN "ream Mechanical, Minneapolis, MN 3.2 Beer "Off Sale" License: Applicant: Freedom Valu Center #64 Location: 3810 Silver Lake Rd Bench License: Applicant: U S Bench Corporation, Minneapolis, MN Cigarette/Tobacco Products License: Applicant: Freedom Valu Center #64 Location: 3810 Silver Lake Rd Applicant: Fuel Mart III Location: 2400 37°i Ave Applicant: Fuel Mart Location: 3813 Stinson Blvd Applicant: Mourado's Tobacco Location: 3809 Stinson Blvd Applicant: Mini Mart Location: 3259 Stinson Blvd Applicant: Murphy's Service Center Location: 350129"' Ave Applicant: Snyder's Drug Store #5071. Location: 2714 Hwy 88 17 Applicant: Walgreens #6735 Location: 3700 Silver Lake Rd Garbage Haulers License: Applicant: Aspen Waste Systems, Minneapolis, MN Applicant: Waste Management of MN, Blaine, MN Service Station License: 3259 Stinson Blvd Applicant: Freedom Valu Center #64 Location: 3810 Silver Lake Rd Applicant: Fuel Mart Location: 3813 Stinson Blvd Applicant: Fuel Mart III Location: 2400 37°i Ave Applicant: Mini Mart Location: 3259 Stinson Blvd Applicant: Murphy's Service Center Location: 350129"' Ave Amusement Machines/Devices License: C J Enterprises Applicant: Coinstar Entertainment Services Location: 3800 Silver Lake Rd Vending License: Applicant: C J Enterprises Location: 2602 39°i Ave Applicant: C J Enterprises Location: 2700 Hwy 88 Applicant: C J Enterprises Location: 3010 29`x' Ave Applicant: C J Enterprises Location: 3503 Silver Lake Rd Applicant: C J Enterprises Location: 3301 Silver Lake Rd Applicant: Coinstar Entertainment Services Location: 3800 Silver Lake Rd Applicant: Compton's Commercial Cleaning Location: 3801 Chandler Dr Applicant: Cub Foods #31274 Location: 3930 Silver Lake Rd 19 ACS FINANCIAL SYSTEM BANK VENDOR FIRS BREMER BANK NA 009427 DEPT OF FINANCE 007194 HENNEPIN COUNTY ATTORNEY .00001 MADD 009435 HUSSMANN CHILL CHAMBER 009434 A & STRAINING 009436 A-1 ACRYLIC'S 008964 ACCLAIM BENEFITS 008242 AFFILIATED COMPUTER SERV 004779 ALCORN BEVERAGE CO, INC 008621 ALLIANCE MECHANICAL 004068 AMCON ST ANTHONY LLC 009058 AMERICAN BOTTLING COMPAN 005087 AMERICAN PUBLIC WORKS AS 007835 ARCH WIRELESS-METROCALL 008794 ARCTIC GLACIER INC. 009429 AROMA WINE 004687 ASPEN WASTE SYSTEMS INC 004293 BELLBOY CORP. .00002 BEN-DAVID/MARTA 009173 BERLSON IMPORTS 009060 BLAINE LOCK & SAFE INC. 007168 BOYER FORD TRUCKS, INC. 000430 BRIGHTON AUTO ELECTRIC 009295 CABINA 004231 CAPITOL BEVERAGE SALES 009100 CAT & FIDDLE BEVERAGE 002380 CENTERPOINT ENERGY 004080 CHISAGO LAKES DIST. CO., 008216 CINGULAR WIRELESS 009056 CITY OF ROSEVILLE 008577 CITY OF ST. PAUL 004095 COCA COLA ENTERPRISES IN 009315 DANG/PHUONGMAI 008219 DEX MEDIA EAST 007371 DISCOUNT STEEL, INC. 008338 DOKKEN/MARK 009437 DOOR SERVICE CO 000820 DORSEY & WHITNEY 008697 EXTREME BEVERAGE 009395 FACTORY MOTOR PARTS CO 008153 FILTERFRSH 009430 FRANK'S DENT REPAIR INC 008647 FRATTALLONE'S HARDWARE 009236 FSH COMMUNICATIONS 001030 G & K SERVICES INC 009431 GE MONEY BANK 007059 GOVERNMENT TRAINING SERV 001250 GRAINGER 009102 GRAND PERE WINES, INC 004172 GRAPE BEGINNINGS, INC. 20 ST. ANTHONY VILLAGE CHECK# DATE AMOUNT 2758 3/8/2007 37.90 2759 3/8/2007 75.80 2760 3/8/2007 20.00 2761 3/15/2007 1,803.32 2762 3/28/2007 350.00 2763 3/28/2007 109.96 2764 3/28/2007 166.50 2765 3/28/2007 104.24 2766 3/28/2007 249.00 2767 3/28/2007 232.00 2768 3/28/2007 1,343.99 2769 3/28/2007 97.68 2770 3/28/2007 190.00 2771 3/28/2007 40.90 2772 3/28/2007 192.40 2773 3/28/2007 708.00 2774 3/28/2007 53.00 2775 3/28/2007 14,916.09 2776 3/28/2007 50.00 2777 3/28/2007 244.80 2778 3/28/2007 304.30 2779 3/28/2007 69.68 2780 3/28/2007 129.81 2781 3/28/2007 78.28 2782 3/28/2007 8,884.20 2783 3/28/2007 93.00 2784 3/28/2007 15,864.43 2785 3/28/2007 3,847.30 2786 3/28/2007 120.95 2787 3/28/2007 2,622.58 2788 3/28/2007 60.00 2789 3/28/2007 1,416.00 2790 3/28/2007 26.08 2791 3/28/2007 110.30 2792 3/28/2007 67.05 2793 3/28/2007 48.44 2794 3/28/2007 152.00 2795 3/28/2007 481.25 2796 3/28/2007 600.00 2797 3/28/2007 113.86 2798 3/28/2007 91.63 2799 3/28/2007 35.00 2800 3/28/2007 41.96 2801 3/28/2007 63.90 2802 3/28/2007 550.54 2803 3/28/2007 37.05 2804 3/28/2007 125.00 2805 3/28/2007 64.95 2806 3/28/2007 1,481.00 2807 3/28/2007 1,147.75 20 ACS FINANCIAL SYSTEM BANK VENDOR FIRS BREMER BANK NA 004175 GRIGGS COOPER & CO INC .00003 HANSON/ROBERT 005121 HARTMAN/JAY 001420 HAWKINS WATER TREATMENT 008944 HENN CNTY INFO TECH DEPT 001505 HENNEPIN COUNTY SHERIFF 008365 HENNEPIN COUNTY TREASURE .00006 HJELLE/HEIDI 004207 HOHENSTEIN'S, INC 008252 HOME DEPOT CREDIT SERVIC 009225 HSBC BUSINESS SOLUTIONS 009335 HUMANADENTAL 009415 ICI PAINTS 008035 INTERNATIONAL PUBLIC .00004 INVEST CORP 004125 JJ TAYLOR DISTRIBUTING 004220 JOHNSON BROTHERS LIQUOR 008434 LEAGUE OF MINNESOTA CITIES 001980 LEAGUE OF MN CITIES 002040 LILLIE SUBURBAN NEWSPAPER 008229 LOFFLER BUSINESS SYSTEMS 009114 M. AMUNDSON LLP 002125 MALENICK/JOHN 004265 MARK VII SALES INC 008721 MASYS CORPORATION 002850 MEDICA CHOICE 008451 MIDWEST CHILDREN'S RES, 009255 MIDWEST SIGN & SCREEN PR 009195 MISTER CAR WASH 008074 MN POLLUTION CONTROL AGE 004299 MPLS. OXYGEN CO. 007205 MSSA 008996 NEEDHAM DISTRIBUTING CO 008883 NEW FRANCE WINE COMPANY 007312 NORTH AMERICAN SALT COMP 008988 NOVACARE REHABILITATION 000045 OFFICE DEPOT 001230 ONE CALL CONCEPTS, INC. 009275 PAT KERNS WINE MERCHANTS 004354 PAUSTIS & SONS 008805 PETTY CASH - BREMER BANK 004360 PHILLIPS WINE & SPIRITS 008499 PIONEER RIM AND WHEEL CO 008789 POST BOARD 008369 POSTMASTER - MPLS BMEU 008851 POWERPLAN 004385 QUALITY WINE CO 004492 QWEST 008462 RAMSEY COUNTY 009119 RECHECK ST. ANTHONY VILLAGE CHECK# DATE AMOUNT 2808 3/28/2007 36,125.96 2809 3/28/2007 25.00 2810 3/28/2007 484.11 2811 3/28/2007 1,117.56 2812 3/28/2007 3,924.65 2813 3/28/2007 1,244.80 2814 3/28/2007 524.50 2815 3/28/2007 50.00 2816 3/28/2007 2,436.98 2817 3/28/2007 171.13 2818 3/28/2007 10.64 2819 3/28/2007 34.43 2820 3/28/2007 32.54 2821 3/28/2007 117.50 2822 3/28/2007 50.00 2823 3/28/2007 32,894.88 2824 3/28/2007 31,770.00 2825 3/28/2007 220.00 2826 3/28/2007 1,985.00 2827 3/28/2007 248.33 2828 3/28/2007 713.57 2829 3/28/2007 2,623.08 2830 3/28/2007 48.39 2831 3/28/2007 4,906.42 2832 3/28/2007 6,070.50 2833 3/28/2007 6,769.87 2834 3/28/2007 21.30 2835 3/28/2007 152.58 2836 3/28/2007 200.30 2837 3/28/2007 310.00 2838 3/28/2007 24.70 2839 3/28/2007 35.00 2840 3/28/2007 463.65 2841 3/28/2007 291.00 2842 3/28/2007 2,577.70 2843 3/28/2007 90.00 2844 3/28/2007 599.15 2845 3/28/2007 29.00 2846 3/28/2007 363.00 2847 3/28/2007 4,608.81 2848 3/28/2007 128.35 2849 3/28/2007 11,895.85 2850 3/28/2007 14.74 2851 3/28/2007 540.00 2852 3/28/2007 2,000.00 2853 3/28/2007 12.61 2854 3/28/2007 18,746.80 2855 3/28/2007 693.66 2856 3/28/2007 150.00 2857 3/28/2007 30.00 21 ACS FINANCIAL SYSTEM BANK VENDOR FIRS BREMER BANK NA 009356 REGIONS INTERSTATE BILLI 009182 SAM'S CLUB .00001 SCHUMACHER/HUBERT 003350 SEH 009428 SHANK CONSTRUCTORS, INC. 008983 SOULO DESIGN, INC 008913 SPECIAL OPERATIONS TRAIN 009072 SPECIALTY WINES & BEV. L 008344 SPIESS/JEFF 009259 SPRINT 009211 STOUT HOSPITALITY 003490 STREICHER'S 008872 SUCIU/BARB 009296 T -MOBILE 009264 TAUTGES REDPATH,LTD, 009432 TECH SALES CO 008335 THOMPSON ASSOCIATES 007365 TOLL GAS & WELDING SUPPL 009410 TRUCK UTILITIES INC 008859 U.S. BANK 008010 UNIFORMS UNLIMITED 008227 VERIZON WIRELESS 009433 VESSCOINC 004451 VINOCOPIA 003725 WALTER HAMMOND COMPANY 004494 WASTE MANAGEMENT - BLAIN 008316 WINE COMPANY/THE 008310 WINE MERCHANTS INC 004499 WORLD CLASS WINES, INC. .00005 WYNN/THOMAS 002680 XCEL ENERGY BREMER BANK NA ST. ANTHONY VILLAGE CHECK# DATE AMOUNT 2858 3/28/2007 14.13 2859 3/28/2007 205.55 2860 3/28/2007 25.00 2861 3/28/2007 56.00 2862 3/28/2007 44,812.45 2863 3/28/2007 130.00 2864 3/28/2007 540.00 2865 3/28/2007 109.67 2866 3/28/2007 195.00 2867 3/28/2007 251.35 2868 3/28/2007 177.74 2869 3/28/2007 10,334.73 2870 3/28/2007 499.43 2871 3/28/2007 239.92 2872 3/28/2007 5,062.80 2873 3/28/2007 3,741.28 2874 3/28/2007 800.00 2875 3/28/2007 5.35 2876 3/28/2007 143.31 2877 3/28/2007 15,702.50 2878 3/28/2007 4,099.71 2879 3/28/2007 658.38 2880 3/28/2007 232.69 2881 3/28/2007 212.00 2882 3/28/2007 26.50 2883 3/28/2007 414.14 2884 3/28/2007 978.00 2885 3/28/2007 4,927.05 2886 3/28/2007 190.00 2887 3/28/2007 25.00 2888 3/28/2007 6,878.02 339,979.61 22 23 FINDINGS OF FACT The Planning Commission recommends approval of the Kenzington s request for an amendment to the Parking Plan of their original Development Plan to allow for up to an additional 30 parking spaces, based on the following Findings of Fact and subject to the conditions listed below: Findings of Fact 1. The property is a PUD overlay located in an R-4 zone which permits the multiple -family residential development. 2. The property has been a PUD R-4 since 1985. 3. The R-4 Zoning District with the PUD overlay allowed for a Parking Plan that allowed for one (1) parking space per unit and some spaces for visitors. Since this is a retirement community, it was determined in 1985 that one (1) space per unit was sufficient. Experience of the last twenty (20) years has shown that two (2) parking spaces per unit should have been the minimum. 4. The property size is not sufficient enough to allow for two (2) spaces per unit but the Kenzington Association has asked to amend the Parking Plan to allow up to thirty (30) additional parking spaces. 5. There was some objection to the project by the residents but the objections were mostly due to the possibility of increased association dues. Staff advised the callers that the City has no ability to affect the Board's decision regarding increased dues. Conditions Property to continue in the same use as a PUD R-4. 2. Twenty-four (24) parking spaces may be installed without additional approvals as long as they do not require any additional curb cuts. The six (6) parking spaces that are planned for the south portion of the site may require a curb cut installation. Any additional curb cuts will require approvals and permits from the City of St. Anthony and Hennepin County as Kenzie Terrace NE is County Road 153. The property is located at 2601 Kenzie Terrace NE is Torrens property with a meets and bounds legal. Z:\Council Meeting s\2007\032707\Kenzington Findings of Fact Format 032007.doc 24 CITY OF ST. ANTHONY, HENNEPIN COUNTY, STATE OF MINNESOTA RESOLUTION 07-032 A RESOLUTION FOR APPROVAL OF AMENDMENT TO THE PARKING PLAN OF THE KENZINGTON DEVELOPMENT PLAN WHEREAS, the St. Anthony Planning Commission held a public hearing on March 20, 2007 as required by the City of St. Anthony Zoning Code, Section 1655.09, Subd. 2, regarding a request for an amendment to the Kenzington Parking Plan to allow for an expansion of on-site parking of up to 30 parking spaces and WHEREAS, the Kenzington, located at 2601 Kenzie Terrace NE, is a R-4 PUD and has 150 one and two bedroom units with 140 underground parking spaces and 12 outside parking spaces; and WHEREAS, the original parking plan allowed for one (1) parking space per unit as the Kenzington is a retirement community and at the time of its construction, it was thought that one (1) parking space per unit would be sufficient for the residents; and WHEREAS, since 1985, experience has shown the minimum parking spaces of two (2) per unit is more appropriate; and WHEREAS, the property is not of sufficient size to allow for two (2) spaces per unit but the Kenzington Association has asked the City to amend the Parking Plan to allow up to thirty (30) additional parking spaces; and WHEREAS, the Planned Unit Development (PUD) zoning designation does provide flexibility and the ability for the City to allow for a more efficient use of land; and WHEREAS, there were no interested residents in attendance at the Public Hearing that voiced opposition to the requested amendment to the Parking Plan; and WHEREAS, the Planning Commission found that twenty-four (24) of the requested parking spaces may be installed without additional approvals; and WHEREAS, the Plamung Commission further recommended that the approval of the Amendment to the Parking Plan for the installation of the remaining six (6) parking spaces be conditional upon the acquisition of additional approvals and permits from the City of St. Anthony and Hennepin County for curb cuts as Kenzie Terrace NE is County Road 153. Z1Council Meeting s\2007\032707\Kenzington Parking Amendment 032007.doc 25 NOW, THEREFORE BE IT RESOLVED, the City Council approves the requested Amendment, with the aforementioned conditions, to the Parking Plan of the Kenzington Development Plan. Adopted this day of 2007. ATTEST: City Clerk Mayor Review for Administration: City Manager Z:\Council Meetings\2007\032707\Kenzington Parking Amendment 032007.doc CERTIFICATION OF MINUTES RELATING TO $2,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A Issuer: City of St. Anthony, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on March 27, 2007, at 7:00 o'clock P.M., at the City IIall. Members present: Members absent: Documents attached: Minutes of said meeting (including): Pages 1 through 23 RESOLUTION 07-033 RESOLUTION RELATING TO $2,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. 2007. WITNESS my hand officially as such recording officer this 27°i day of March, Barb Suciu, City Clerk 26 27 It was reported that (_) proposals had been received prior to 11:00 A.M., Central Time today for.the purchase of the $2,050,000 General Obligation Improvement Bonds, Series 2007A of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bidder Purchase Price Interest Rates Net Interest Cost (See Attached) Councilmember then introduced the following resolution and moved its adoption: RESOLUTION 07-033 RESOLUTION RELATING TO $2,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Authorization. This Council has heretofore ordered the an improvement project to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429, consisting of various street improvements and storm sewer improvements (collectively the "Improvements"). The present estimated total cost of the Improvements to be financed with proceeds of the Bonds is as follows: Project Costs ................. Issuance Expenses......... Capitalized Interest ....... Discount Allowance...... .............. $1,925,415 .............. 26,000 .............. 73,985 .............. 24,600 Total................................................................ $2,050,000 This Council hereby determines to issue and sell $2,050,000 principal amount of General Obligation Improvement Bonds, Series 2007A, of the City (the "Bonds") to defray a portion of the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $24,600 representing interest as provided in Minnesota Statutes, Section 475.56. The City has retained Ehlers & Associates, Inc. to act as financial advisor to the City in connection with the issuance and sale of the Bonds, and it is hereby determined to sell the Bonds without meeting the requirements as to public sale under Minnesota Statutes, Section 475.60, subdivision 1, pursuant to the exception from such requirement contained in clause (9) of Minnesota Statutes, Section 475.60, subdivision 2. 1.02. Sale of Bonds. The City has received L) proposals for the purchase of the Bonds. The most favorable proposal received is that of of (the "Purchaser"), to purchase the Bonds at a price of $ the Bonds to bear interest at the rates set forth in Section 3.01 hereof and to be subject to the further terms and conditions set forth in this Resolution. The proposal is hereby accepted, and W the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Performance of Requirements. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 1.04. Maturities of Bonds. The Council hereby finds that the maturities of the Bonds as set forth in Section 3.01 hereof are warranted by the anticipated collections of special assessments and ad valorem taxes levied and to be levied for the payment of the Bonds as provided in Section 4 hereof. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2007A No. R- $ Date of Interest Rate Maturity Original Issue CUSIP April 24, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February I and August 1 in each year, commencing February 1, 2008, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the 30 United States of America by check or draft of Wells Fargo Bank, National Association, in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $2,050,000 (the "Bonds"), issued pursuant to a resolution adopted by the City Council on March 27, 2007 (the "Resolution"), for the purpose of financing a portion of the costs of various street improvements in the City (the "Improvements"), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are payable primarily from the 2007A Improvement Bond Fund (the "Fund") of the City. In addition, for the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 2009 through 2014 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 2015 and later years are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within a maturity, in $5,000 principal amounts selected by lot, on February 1, 2014 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. I INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS.] At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property in the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of a person authorized to sign on its behalf. IN WTTNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. City Manager CITY OF ST. ANTHONY Mayor 31 32 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK, NATIONAL ASSOCIATION, Minneapolis, Minnesota, as Bond Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM — — as tenants in common TEN ENT — — as tenants by the entireties JT TEN — — as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT....... Custodian....... . (Cust) (Minor) under Uniform Transfers to Minors Act...................... (State) Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: 33 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. NOTICE: The signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. (End of Bond Form.] Section 3. I3ond Terms Execution and Delivery. 3.01. Maturities Interest Rates Denominations Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 2007A" and shall be payable primarily from the 2007 General Obligation Improvement Bond Fund of the City created in Section 4.02. The Bonds shall be dated as of April 24, 2007, shall be issuable in the denominations of $5,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest, computed on the basis of a 360 -day year consisting of twelve 30 -day months, from February 1, 2008 until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts, respectively: 34 Year Amount Rate 2009 $100,000 % 2010 105,000 2011 110,000 2012 115,000 2013 120,000 2014 120,000 2015 130,000 2016 135,000 Year Amount 2017 $140,000 2018 145,000 2019 150,000 2020 160,000 2021 165,000 2022 175,000 2023 180,000 Rate The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February I and August I in each year, commencing February 1, 2008, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. 35 (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1. 3.04. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association in Minneapolis, Minnesota, as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with Wells Fargo Bank, National Association, as Registrar. Upon merger or consolidation of the Registrar with 36 another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar from the 2007A Improvement Bond Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redem to ion. (a) Bonds maturing in the years 2009 through 2014 are payable on their respective stated maturity dates without option of prior payment, but Bonds maturing in 20 t 5 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2014 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. [(b) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (c) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: 37 Year Amount *Final Maturity In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (d) At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "I3eneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shalt mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC with respect to the procedures of DTC presently on file with DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so 39 paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 2007A Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "2007A Improvement Construction Fund" (the "Construction Fund"), to be held and administered by the Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) $ _ of the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02, 2007A Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate and special bookkeeping fund designated "2007A Improvement Bond Fund" (the "Bond Fund") to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) all amounts in excess of $2,025,400 received from the Purchaser, plus capitalized interest in the amount of $73,985, (b) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (c) any taxes levied in accordance with this resolution, and (d) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account' and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the 'Debt Service Account is insufficient to meet the requirements of the Bond Fund, the Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5%) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by 41 the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the aggregate principal amount of $523,454 payable in not more than 15 installments, the first installment to be collectible with taxes during the year 2007, and that deferred installments shall bear interest at the rate of not less than 6.55% per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: The foregoing tax levies together with special assessments are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants Levy Collection Year Year Amount 2007 2008 $ 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 The foregoing tax levies together with special assessments are such that if collected in full they will produce at least five percent (5%) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants M contained in this resolution. It is estimated that the special assessments and ad valorem taxes levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5%) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all I3onds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bond called for redemption on any date when it is prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 3.05. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. County Auditor Registration, Certification of Proceedings Investment of Money, Arbitrar;e and Official Statement. 6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditors shall require, and to obtain from each County Auditor a certificate that the Bonds have been entered on his bond register and the taxes described in Section 4.05 hereof have been levied as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the 43 Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated thereunder (the "Regulations"), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements which would cause the Bonds to be considered "private activity boards" or "private loan bonds" pursuant to Section 141 of the Code. 6.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds); (iii) ninety-five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(C) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(6) of the Code. 6.05. Investment of Money on Deposit in the Bond Fund. The Finance Director shall ascertain monthly the amount on deposit in the Bond Fund. If the amount on deposit therein ever exceeds the aggregate amount of principal and interest due and payable from the Bond Fund through the next following February 1 plus a reasonable carryover as permitted by the Regulations, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. The City reserves the right to amend the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the I3onds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. 6.06. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.07. Interest Disallowance. The City hereby designates the Bonds as "qualified tax— exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2007 it does not reasonably expect to issue tax—exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.08. Official Statement. The Official Statement relating to the Bonds, dated March 15, 2007, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. Ehlers & Associates, Inc., is hereby authorized of behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.150-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner" or "Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof, and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2006 the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the WO City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: • Current Property Valuations • Direct Debt • Tax Levies and Collections • Population Trend • Employment/Unemployment Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SDC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), 47 then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact' is also an event that would be deemed "material' for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); KIM IEIU- (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (I) The covenants of the City in this Section 7 shall remain in effect so long as any I3onds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 8. Authorization of payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, 13hlers & Associates, Inc. Attest: City Clerk Mayor I S 50 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. 51 REQUEST FOR COUNCIL CONSIDERATION Report Date: March 22, 2007 Agenda Section: VI. B & C Meeting Date: March 17, 2007 ITEM DESCRIPTION: Resolution 07-034 & 07-035; Livable Communities Sidewalk Grant for Stinson Boulevard and Silver Lake Road, respectively. MANAGER'S REVIEW: Resolution 07-034 & 07-035 are resolutions requesting funding for the costs for construction of Stinson Boulevard and Silver Lake Road sidewalks. These are in two areas of the city that are in need of sidewalks or reconstruction of existing sidewalks. The request for funding is $285,000 for each sidewalk. The funds are from the Federal Government through the City of Minneapolis. The program is called Transit for Livable Communities Non -Motorized Transportation Pilot Program (NTP). Staff from the City attended two workshops on this program. There is a three step application process with this being the first step of the three. The goal of applying for these grants is to reduce the costs for the City of St. Anthony and reinforces our mission statement on being "walkable"'. `Wk�' k&l� Michael Mornson City Manager ZACouncil Meetings`200710327071staff report for livable communities.doc - 1 - HOME it Non -Motorized Transportation Pilot Program ABOUT TLC CALENDAR TRANSPORTATION i.Flt4 us NE°rWoltli ALTERNATIVES TO DRIVING flus. aak Talking Biking BENEFITS Of TRANSIT llealtt! I rnriul, Uonofrl( D�wlsuiiiirent Safety Land Use Congestion TRANSIT LINKS Contact Us: 626 Selby Avenue Saint Paul, MN 55104 (651) 767-0298 Fax: (651) 221-9831 tic@ticminnesota.org What is the Non -Motorized Transportation Pilot The Non -Motorized Transportation Pilot Program (NTP) was established in 2005 as part of the six-year federal transportation law known as SAFETEA-LU. The law provides $21.5 million to four communities nationwide to evaluate how investments in planning, infrastructure, and public education can increase rates of bicycling and walking and reduce driving. The four pilot communities include Minneapolis and its adjoining communities; Sheboygan County, Wisconsin; Marin County, California; and Columbia, Missouri. Transit for Livable Communities (TLC) was chosen to administer the program in Minnesota. The Board of Directors of Transit for Livable Communities is the decision-making body for the program in Minneapolis and its adjoining communities. TLC is working closely with its agency partners: the Federal Highway Administration, the Minnesota Department of Transportation, and the Metropolitan Council. TLC Board has established a 29 member committee to ise it on implementation of the program. The committee udes representatives from neighborhood organizations, -profits, small businesses, citizen activists, elected cials, and agency partners. The advisory committee its monthly and is organized into three subcommittees - neetings are open to the public. TLC is working closely with the other pilot communities to share information and ideas. TLC meets twice yearly with staff from the other three pilot communities and participates in conference calls twice per month. Project/Location Eligibility Transit for Livable Communities, in consultation with its its advisory committee and agency partners, will decide how the program funds will be used. A large percentage of the funding wilt be granted out to units of government and agencies for planning, education/promotion, and infrastructure Projects. Although the program primarily focuses on Minneapolis, consideration will also be given to projects that improve access by bicycle, transit, and walking into and out of Minneapolis. The adjoining communities share a physical border with Minneapolis and include: Brooklyn Center, Columbia Heights, Edina, Fridley, Golden Valley, Lauderdale, Metropolitan Airports Commission, Fort Snelling State Park, Richfield, Robbinsdale, Roseville, St. Anthony, St. Louis Park, and St. Paul. Timeline 53 TLC plans to have the first of three project solicitations (request for applications) in early 2007. Since this is a pilot project, measurement is a key partof the program. The pilot communities will be initiating several types of measurements to track the results of the program. First, the four communities collectively hired the Center for Transportation Studies at the University of Minnesota to do baseline and bookend surveys in the four communities. Those mail and telephone surveys will track travel behavior and attitudes. In addition, there will be project specific surveying and bicycle and pedestrian counts. This September, TLC organized bicycling and pedestrian counts at 20 locations in Minneapolis. 30 volunteers helped TLC with this work. Program History In 2005, Congress passed a $286.5 billion dollar transportation bill. The transportation bill guaranteed over $3 billion for bicycling throughout the nation over the next six years. This included $100 million for a Nonmotorized Transportation Pilot Program (NTP) and $612 million for a National Safe Routes to School Program, which will promote bicycling and walking to school in all 50 states. Resources • Bike -`c Lik_Adv sory_Committee.._(D-.WAC) • Program Des._crption_(PDF) • Program Updat_e_s • Best Practices—To Come • Language of the Law 54 CITY OF ST. ANTHONY 1.7�.Y1] 1D][IFI7�[ITIQIkiI A RESOLUTION PROVIDING CITY COUNCIL APPROVAL FOR THE SUBMITTAL OF THE TRANSIT FOR LIVABLE COMMUNITIES NON - MOTORIZED TRANSPORATION PILOT PROGRAM (NTP) FOR STINSON AVENUE NE WHEREAS, The Non -Motorized Transportation Pilot Program (NTP), established by the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), establishing a grant program providing communities with the opportunity to reduce the amount of driving by improving conditions for bicycling and walking within a community; and WHEREAS, the City Council, who are committed to sidewalks and trails, adopted a mission statement for the City stating, "Our mission is to be a progressive and livable community, a walkable village, which is safe and secure '%-and .._____. WHEREAS, the City has worked to make St. Anthony a walkable community by incorporating sidewalks as thepart of street reconstruction projects, such as 29°' Avenue NE in 2000, 39" Avenue NE in 2005, and the proposed 2007 sidewalk installation along Old Highway 8 and Higherest Road; and WHEREAS, the City has worked with various governmental and public agencies, including Ramsey County, Hennepin County, Three Rivers Park District and Independent School District 282, on many projects to support and participate in the construction of sidewalk, trails, and crosswalks to enhance safe walking and biking routes to community schools and parks; and WHEREAS, the City participated in the Ramsey County Walkable Communities Initiative and held workshop in May 2006 whereby, residents and other stakeholders were invited to participate in learning about the Initiative and identifying areas of the community that are impediments to safe walking and biking; and WHEREAS, a potential sidewalk installation project identified by the workshop attendees and city staff is located along the east side of Stinson Boulevard between St. Anthony Boulevard and 37°i Avenue NE; and WHEREAS, no sidewalk currently exists along the St. Anthony Village side of Stinson Boulevard; and WHEREAS, as part of the Silver Lake Village redevelopment, sidewalk will be installed along Stinson Boulevard from 37`x' Avenue NE to 39°i Avenue NE, providing a viable pedestrian route to and from the residential and retail development; and WHEREAS, the NTP grant program would provide the impetus as well as supplemental funds to allow for the constructing of the Stinson Boulevard sidewalk project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony supports and authorizes the application for funding under the NTP program, to help finance the sidewalk installation along the east side of Stinson Boulevard. The new sidewalk will improve safety conditions, and will provide a more effective non -motorized link between homes, schools, recreational facilities, and the Silver Lake Village residential and retail development; and BE IT FURTHER RESOLVED that the City Council for the City of St. Anthony authorizes City Staff to prepare and submit an application for the NTP program to Transit for Livable Communities for funding consideration of the aforementioned sidewalk project. Adopted this 27°i day of March, 2007. ATTEST: Clerk Reviewed for administration: Mayor City Manager 55 56 CITY OF ST. ANTHONY RESOLUTION 07-035 A RESOLUTION PROVIDING CITY COUNCIL APPROVAL FOR THE SUBMITTAL OF THE TRANSIT FOR LIVABLE COMMUNITIES NON - MOTORIZED TRANSPORATION PILOT PROGRAM (NTP) FOR SILVER LAKE ROAD WHEREAS, The Non -Motorized Transportation Pilot Program (NTP), established by the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), establishing a grant program providing communities with the opportunity to reduce the amount of driving by improving conditions for bicycling and walking within a community; and WHEREAS, the City Council, who are committed to sidewalks and trails, adopted a mission statement for the City stating, "Our mission is to be a progressive and livable community, a walkable village, which is safe and secure "; and WHEREAS, the City has worked to make St. Anthony a walkable community by incorporating sidewalks as the R, of street reconstruction projects, such as 29`x' Avenue NE in 2000, 39" Avenue NE in 2005, and the proposed 2007 sidewalk installation along Old Highway 8 and Higherest Road; and WHEREAS, the City has worked with various governmental and public agencies, including Ramsey County, Hennepin County, Three Rivers Park District and Independent School District 282, on many projects to support and participate in the construction of sidewalk, trails, and crosswalks to enhance safe walking and biking routes to community schools and parks; and WHEREAS, the existing sidewalks along Silver Lake Road from St. Anthony Boulevard to 37`x' Avenue NE are: discontinuous, substandard, narrow, and in need of complete replacement; and WHEREAS, St. Anthony Middle School and St. Anthony high School reside to the east of the intersection of 33`d Avenue NE and Silver Lake Road, where the existing Silver Lake Road sidewalk does not extend along the east boulevard of Silver Lake Road; and WHEREAS, construction of sidewalks on both sides of Silver Lake Road are proposed as part of the reconstruction of Silver Lake Road between St. Anthony Boulevard and 37°i Avenue NE in 2008; and WIIEREAS, Silver Lake Road is considered to be the main north -south arterial roadway bisecting the City of St. Anthony, connecting the shopping areas of Silver Lake Village in the north and St. Anthony Village Shopping Center on the south, creating links to Central Park and the St. Anthony Community Center, and creating a pedestrian and bicycle link to St. Anthony Boulevard and the Northwest Diagonal Regional Trail; and WHEREAS, funding availability for the Silver Lake Road reconstruction is limited, and the financial viability of installing sidewalks is currently in question; and WHEREAS, the NTP grant program would provide the impetus as well as supplemental funds to allow for the constructing of the proposed sidewalk on both sides of Silver Lake Road as part of the proposed construction project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony supports and authorizes the application for funding under the NTP program, to help finance the sidewalk installation along the cast and west boulevards of Silver Lake Road. The new sidewalk will improve safety conditions, and will provide a more effective non -motorized link between homes, local and regional recreational facilities, St. Anthony Middle School, St. Anthony High School, and the Silver Lake Village residential and retail development; and BE IT FURTHER RESOLVED that the City Council for the City of St. Anthony authorizes City Staff to prepare and submit an application for the NTP program to Transit for Livable Communities for funding consideration of the aforementioned sidewalk project. Adopted this 27°i day of March, 2007. ATTEST: City Clerk Reviewed for administration: Mayor City Manager 57 INTEROFFICE MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: MICHAEL MORNSON, CITY MANAGER SUBJECT: QUARTERLY GOALS PROGR73SS UPDATE DATE: 3/20/2007 The following represents a written quarterly update on the City goals approved at the City Council and staff retreat in January. In March, the goals were presented to the Parks and Planning Commission, the School Board, and the Former Elected Officials. The council meeting on February 13, 2007, the goals were reviewed and discussed at the regular meeting. The staff has them on CTV channel 16, the City website, and will put them in the spring newsletter. The council will get written updates on March 27, June 26, and September 25. In addition, several of the goals will be discussed at the regular council meetings throughout the year. The following represents a written update on the 2007 Goals for 2007: Goal 1: Reconstruction of Silver Lake Road Target completion: December 2008 Activities Completed: 1. City staff met with Hennepin County staff to discuss schedule and funding program February 28. 2. Held meeting with task force to receive their input. Upcoming Activities: 1. Meeting with county staff on funding. 2. Meeting with Utility Companies on schedule. 3. Meeting with stakeholders on project update. 4. Open house April 26, 2007, 6:30 p.m. to 8:30 p.m. Implementation Concerns: None 59 Goal 2: Develop Feasible Broadband Plan Target completion: March 2008 Activities Completed: 1. Meeting held with North Suburban Staff on possible joint efforts. 2. Meeting with Columbia Telecommunications to discuss ideas and proposals from broadband plan. Upcoming Activities: 1. Review proposal from Columbia Telecommunications on updated proposal. 2. Meeting with City Staff on proposal. 3. Presentation to Council. Implementation Concerns: None Goal 3: Review City Ordinances and Request for Proposal for Re -Codification Target completion: January 2008 Activities Completed: 1. Received proposal from League of Minnesota Cities on re -codification. 2. Staff meeting on re -codification. Upcoming Activities: 1. Present Staff report on re -codification to Council 2. Present possible ordinance changes on Housing/Rental Code and Signs. Implementation Concerns: None Goal 4: Identify Lnvironmental Priorities for City Target completion: On -Going 2 M Activities Completed: 1. Hosting best management practices workshop for plowing. 2. Working with MWMO on the following: a. Storm water monitoring at south end b. Feasibility study to construct storm water treatment at south end. c. Imploring opportunity to reuse storm water in Central Park. d. Attending a Green Seminar. Upcoming Activities: 1. Complete recycling reports. 2. Monitoring single sort recycling program. 3. Energy Audit of City buildings. Implementation Concerns: None Goal 5: Key Financial Strategies Target completion: December 31, 2007 Activities Completed: 1. Staff identified capital needs for next five years. 2. Staff met with Ehlers staff on schedule for Key Financial Strategies. Upcoming Activities: 1. Meeting with City Council to receive input. 2. Meeting with Staff for receive input. 3. Presentation to City Council and staff together. Implementation Concerns: None 3 As of 3/21/2007 61 2007 GOALS Reconstruction of Silver Lake Road Redevelop Feasible Broadband Solution/Plan Review and Recodification of City Ordinances Identify Environment Priorities/ Impacts for the City Complete Key Financial Strategies To Do List From Goal Setting Item Responsible Person Date Grant for Highcrest Road KMS 1/31/2007 Monitor Wine in Grocery ML On -Going Assessment Policy Todd On -Going Park Bench Project JH On -Going Liquor Store Story ML/MM/RL On -Going Park Dedication Fees RL On -Going Public Safety Expo JO/JH/JM Apr -07 Sculpture Dedication/Salo Visit DH May 2007 Risk Management Assessment JH/RL On -Going Recognition at Council Meetings All On -Going NIMS Training JM On -Going 11 • r0 0 C) 0 r O D) 0 N 0 O 0 O 0 O 0 O 0 O O N C r. N N N N C) N 00 07 • N .` .0 .0 m O N O) C i - S O. 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