HomeMy WebLinkAboutCC PACKET 04102007CITY OF ST. ANTHONY
CITY COUNCIL MEETING AGENDA
April 10, 2007
7.00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
HAA. Meeting immediately
following regular council meeting
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the April 10, 2007, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one ?notion. There will be no separate discussion of these items unless a Councilmember or citizen
so requests, in which event the item will be re Loved from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of March 27, 2007, Council Meeting Minutes. (p.1 - 8)
B. Licenses and Permits. (p. 9)
C. Claims. (p. 10 -12)
D. Resolution 07-036; Approving the Memorandum of Understanding with the St.
Anthony - New Brighton School District #282 for the 2007 School Board Elections.
(p. 13 -15)
E. Resolution 07-037; Accepting Resignation of Todd Hanson, Planning Commissioner.
(p. 16 -18)
F. Resolution 07-038; Appointing Kim Goodwin to Planning Commission. (p. 19 - 23)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. City Engineer's Update - Todd Hubmer, WSB & Associates, presenting. (p. 24 -- 25)
B. Re -Codification of St. Anthony City Code Proposal. (p. 26 - 34)
VII. Reports from City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address tire City Council about any item trot included on the regular agenda. Speakers are requested to come to the podium, sign their name
and address on. Nie form at the podium, state their name and address for lire Clerk's record, and litnit their remarks to five minutes. Generally, the Cihj
Council will trot take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the natter to be
scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
Z:1Council Meetings1200710410071agendap#.doe
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 March 27, 2007
4
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
9 PLEDGE OF ALLEGIANCE.
10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
11
12 ROLL CALL.
13 Present: Mayor Faust; Council Members Horst, Stille, and Thuesen
14 Absent: Council Member Gray
15 Also Present: City Manager Mike Mornson, City Attorney Jerry Gilligan, and Planning
16 Commission Chair Joel Stromgren
17
18
19 CONSIDERATION, DISCUSSION, AND POSS113LE ACTION ON ALL OF THE FOLLOWING
20 ITEMS.
21
22 1. APPROVAL OF MARCH 27, 2007 CITY COUNCIL MEETING AGENDA
23
24 Mayor Faust added item 5B - Chief John Ohl to speak on recent homicide.
25
26 Motion by Councilmember Horst, Seconded by Councilmember Stille, to approve the City
27 Council Meeting Agenda of March 27, 2007.
28
29 Motion carried unanimously.
30
31 H. PROCLAMATIONS AND RECOGNITIONS.
32
33 A. Minnesota Chiefs of Police Association Meritorious Service Award
34
35 Police Chief John Ohl presented a brief background on Officer Jeff Spiess. He reported the
36 amazing arrests and traffic citation statistics written by Office Spiess. He mentioned Officer
37 Spiess is a Drug Recognition Expert, a DARE officer, and the Crime Prevention Officer for the
38 department. Chief Ohl reported Officer Spiess was recently recognized by Mothers Against
39 Drunk Drivers (MADD) at an award ceremony in Bloomington. He stated Officer Spiess
40 received the Outstanding Service Certificate for his efforts in keeping traffic and citizens safe.
41
42 Chief Ohl explained the Minnesota Chiefs of Police Association Awards Program has been a
43 way to recognize police officers in Minnesota who best exemplify the highest ideals of
44 professionalism since 1971.
45
46 Chief Ohl stated the award is presented for an act well above the expected in the performance of
47 duty and the act should be an exceptional accomplishment that is usually distinguished by a
48 succession of outstanding acts of achievement over a sustained period of time.
49
City Council Regular Meeting Minutes
March 27, 2007
Page 2
Chief Ohl proudly introduced Officer Jeff Spiess as the recipient of the Meritorious Service
Award. He indicated that Officer Spiess and the St. Anthony Police Department would be noted
at the Executive Training Institute Annual Awards Ceremony on April 18, 2007.
5 III. CONSENT AGENDA
6 A. Approval of March 13 2007 Council Meeting Minutes
7 B. Consider Licenses and Permits
8 C. Consider Payment of Claims.
10 Motion by Councilmember Thuesen, Seconded by Councilmember Stille, to approve the Consent
11 Agenda.
12
13 Motion carried unanimously.
14
15 IV. PUBLIC HEARING
16 None.
17
18 V. REPORTS FROM COMMISSION AND STAFF
19
20 A. Resolution 07-032 Approval of Amendment to the ParkinIZ Plan of the Kenzinliton
21 Development Plan.
22
23 Planning Commission Chair Joel Stromgren reported the Planning Commission held a public
24 hearing for 2601 Kenzie Terrace NE to amend their parking plan. TIe stated the driving force is
25 that when the Kenzington was constructed there was a 1:1 parking space to unit ratio, which has
26 proven to be not enough for the current mix of residents and the number of vehicles they have.
27 He stated most similar units in St. Anthony have a 1:1.5 or 1:2 ratio.
28
29 Chair Stromgren displayed the proposed parking plan and pointed out the locations for the
30 additional parking spaces. He indicated the proposal is to add parking along the alley in
31 conjunction with the City's alley improvement project schedule for summer 2007. He pointed
32 out some additional spaces would also be created in the front of the building and along Kenzie
33 "Terrace.
34
35 Chair Stromgren reported the Planning Commission recommends approval of the Kenzington's
36 request for an amendment to the Parking Plan of the original Development Plan to allow for up
37 to an additional 30 parking spaces. He indicated the recommendation includes the condition that
38 the City Engineer, the Public Works Director, and the County approve the final plans.
39
40 Mayor Faust clarified the conditions indicating the 24 parking spaces could be installed without
41 additional approvals as long as they do not require any additional curb cuts. I -Ie stated the six
42 parking spaces that are planned for the south portion of the site might require a curb cut
43 installation and will require approvals and permits from the City of St. Anthony and Hennepin
44 County as Kenzie Terrace NE is County Road 153.
45
46 Councilmember Stille asked what the parking ratio would be with the additional 30 spaces.
N
City Council Regular Meeting Minutes
March 27, 2007
Page 3
2 Mr. Ranallo replied the ratio would be about 1:1.5 or 1:2.
3
4 Motion by Councilmember Stille, Seconded by Councilmember Horst, to Approve Resolution
5 07-032, a Resolution for Approval of an Amendment to the Parking Plan of the Kenzington
6 Development Plan.
7
g Motion carried unanimously.
9
10 B. Report on Recent Homicide in St. Anthony — Chief John Ohl.
11
12 Mayor Faust explained the recent homicide in St. Anthony is an on-going investigation;
13 therefore, Police Chief Ohl is not at liberty to discuss specific items. He asked Chief Ohl not to
14 speak on these items so as not to jeopardize either party or the City's position.
15
16 City Attorney Gilligan restated that this is an on-going investigation.
17
18 Chief Ohl reported much of the information was disseminated by the news media. He stated
19 much of this would not have been at liberty to discuss.
20
21 Chief Ohl reported that just before midnight on March 21, 2007, a 911 call was received and
22 police responded to a residence where a 17 year old male was found deceased from a gunshot
23 wound. He stated a 16 -year-old suspect was taken into custody approximately nine hours later
24 and booked into the Hennepin County Juvenile Detention Center awaiting criminal charges.
25
26 Chief Ohl reported that as of March 26, 2007, the individual was released as the County
27 Attorney's office was not comfortable with the potential criminal charge because not enough of
28 the investigation was completed. He reported the suspect is still under investigation. He
29 reported the police department has a long list of items to be accomplished for the Hennepin
30 County Attorney and this takes time.
31
32 Mayor Faust stated part of the process is to get this out to the public to waylay the fears of
33 residents. He indicated the incident was not random and the process would be followed to the
34 letter of the law and to the best of their ability.
35
36 Mr. and Mrs. Todd Studer, 3631 Harding Street, thanked Mayor Faust, City Council, and Police
37 Chief Ohl for addressing the incident. He stated they live directly south and adjacent to the
38 duplex where the incident occurred. Mr. Studer reported the housing area has seen numerous
39 domestic assistance calls, underage drinking, and other dangerous activities. Mr. Studer stated
40 these activities endanger everyone living in the area and asked the City Council to take action.
41
42 Mrs. Studer commented now is the time to address the problem and come up with a solution so
43 St. Anthony is a progressive a walkable community, as stated in the mission statement. She
44 emphasized they do not feel safe or secure. She reported they moved to their home ten years
45 ago commented the duplex was previously owner occupied and there were no problems. Mrs.
46 Studer stated over the past five years there have been over 30 police calls to the duplex involving
City Council Regular Meeting Minutes
March 27, 2007
Page 4
I several different occupants. She reported they talked to the owner who is very open to their
2 questions. She explained they constructed a privacy fence to eliminate trespassing issues and
3 damage from previous occupants of the duplex. She stated, as residents of St. Anthony, they
4 value their quality of life and actively pursue projects that maintain the village feeling. Mrs.
5 Studer stated they take responsibility for their home and property and view St. Anthony as a
6 wonderful place to live and raise a family, however, they can no longer sit by while the duplex
7 brings down the value of their property of which they invested ten years of improvements that
8 exemplify the mission of St. Anthony.
10 Mr. Studer stated they would like to regain their confidence in letting their children play outside
11 without the fear of illegal activity and the safety of St. Anthony. He asked the Council to step in
12 to investigate the options open to the City to deal with the property and develop a timeline for
13 resolution. Mr. Studer indicated he would like to be kept informed and to obtain a report at the
14 next meeting.
15
16 Mayor Faust replied the Council shares their concern and understands their uneasiness. He
17 stated the Council would do what it could legally to ensure the continued safety of the
18 community. IIe indicated the Fire Department would check for any ordinance violations. Mayor
19 Faust stressed the City would not single out any one class or property. Ile stated Council and
20 City staff work closely on these items so they do not fall through the cracks. Mayor Faust
21 pointed out the police responded quickly to this situation. He reiterated the incident was not
22 random; however, it did not mitigate the seriousness of the situation. He thanked Mr. and Mrs.
23 Studer for coming to the City Council and for their commitment to the City.
24
25 Mayor Faust asked Chief Ohl who the point of contact would be for Mr. and Mrs. Studer.
26
27 Chief Ohl encouraged the Mr. and Mrs. Studer to contact him directly.
28
29 Mayor Faust indicated they could also contact City Council members or City Hall.
30
31 Councilmember Stille stressed that if a code violation exists, residents could call the hotline or
32 City Hall.
33
34 Chief Ohl reported on an incident that occurred on March 26, 2007 involving three young
35 females walking along Skycroft Lane were approached by an individual in a midsized white
36 station wagon and wearing an orange tee-shirt. He reported this was acted upon quickly by the
37 St. Anthony Police Department and the information was dispatch to surrounding County and
38 City law enforcement agencies, posted to the crime alert website, the school system and the
39 email alert system. He commented Rose Fitzjerrells, Vital Aging Council, coordinated the
40 circulation of leaflets to the community. Chief Ohl explained the leaflets were concentrated in
41 the area where the incident occurred. He stated there is a rational reason for targeting a specific
42 area. He explained additional patrol activity was posted at the school and the routes to school.
43 Ile stated this event was taken very seriously. He encouraged anyone with any information
44 concerning this case, to please call 911 or the Police Department.
45
0
City Council Regular Meeting Minutes
March 27, 2007
Page 5
I Mayor Faust explained he asked Chief Ohl to speak on the aforementioned incidences not to
2 alarm people but to encourage residents to be proactive. He encouraged residents to be alert to
3 increased criminal activity as summer approaches. He stated everyone is the eyes and ears to
4 help the Police Department keep the city safe. He reported St. Anthony exists between two large
5 cities and as they put the squeeze on criminal activity, criminals go to another area. IIe indicted
6 St. Anthony would also keep the pressure on. Mayor Faust asked residents to rest assured this is
7 not the easiest thing to say to the public, but an informed citizen is a better prepared citizen.
9 VI. GENERAL POLICY BUSINESS OF THE COUNCIL
10
11 A. Resolution 07-033; Sale of General Obligation Improvement Bonds Series 2007A
12
13 Ms. Stacie Kvilvang, Ehlers and Associates, reported on the sale of general obligation
14 improvement bonds. She indicated that on February 14, 2007, Council authorized the process to
15 issue $2,050,000 in general obligation improvement bonds for the 2007 road reconstruction
16 project. She pointed out the official statement was prepare explaining sale details and mailed to
17 members of Council.
18
19 Ms. Kvilvang reported a rating agency call meeting was held with Moody Investor Services and
20 Mr. Roger Larson, Finance Director. She stated they went through the details of the financials,
21 contracts, expected improvements, major capital expenditures in future years, and debt levels.
22 She reported Moody upheld the Al bond rating for this issue.
23
24 Ms. Kvilvang reported Moody's indicated the economic prognosis for St. Anthony is strong as
25 the community is mature and experiencing redevelopment. She mentioned Moody's stated
26 Silver Lake Village is a positive for the community and the city is taking the initiative to grow
27 and expand its tax base. She stated Moody's highlighted that the city had satisfactory reserves
28 and a manageable debt burden due to tax base growth, support from non levy sources and a rapid
29 principle amortization. She mentioned Moody's was happy to see the financial management
30 planning process for the city.
31
32 Ms. Kvilvang presented the bid tabulation and stated the sale was held in her office on March 27,
33 2007. She reported seven bids were received with United Bankers Bank of Bloomington bidding
34 the lowest with a 39 percent true interest cost. Ms. Kvilvang recommends awarding the bid to
35 United Bankers Bank.
36
37 Councilmember Stille asked about the rating and if the new accounting firm used had any impact
38 on the rating they received and towards understand how the City is taking the correct steps to
39 manage city finances.
40
41 Ms. Kvilvang replied Moody's looked at the city's financial policies relative to debt to capital
42 reserves and how the City is managed. She stated Moody's pointed out the strong management
43 team in place and the annual goal setting was viewed as favorable for the community.
44
45 Mayor Faust commented on the great 3.9 percent rate.
46
City Council Regular Meeting Minutes
March 27, 2007
Page 6
1 Motion by Councilmember Thuesen, Seconded by Councilmember Stille, to Approve Resolution
2 07-033, A Resolution Relating to $2,050,00 General Obligation Improvement Bonds, Series
3 2007A; Awarding the Sale, Fixing the Form and Details, and Providing for the Execution and
4 Delivery Thereof and Security Therefore and Levying Ad Valorem Taxes for the Payment
5 Thereof to United Bankers Bank of Bloomington.
Councilmember Thuesen asked if the number of bids received were about average.
9 Ms. Kvilvang replied St. Anthony is average to above average.
10
I 1 Motion carried unanimously.
12
13 B. Resolution 07-034• Livable Communities Sidewalk Grant for Stinson Boulevard.
14
15 City Manager Morrison summarized Resolutions 07-034 and 07-035 requesting funding for the
16 costs for construction of Stinson Boulevard and Silver Lake Road sidewalks. He stated the
17 request for funding is $286,000 for each sidewalk and these funds come from the Federal
18 Government through the city of Minneapolis. He indicated the program is called Transit for
19 Livable Communities Non -Motorized Transportation Pilot Program.
20
21 City Manager Morrison reported Minneapolis was one of four communities chosen for the
22 program. He explained some of the funds must be spent in surrounding communities. He stated
23 Assistant City Administrator Moore -Sykes and Public Works Director Jay Hartman attended
24 training sessions.
25
26 City Manager Morrison stated both resolutions are in the first step of the process. He stated the
27 second step is to acquire a letter from Hennepin County and the final step is the submitting the
28 application packet by April 10, 2007.
29
30 Councilmember Stille recommended indicating the Stinson Boulevard sidewalk connects directly
31 to the Grand Rounds Bike Trail, a 60 mile bike trail that runs through Columbia Heights, Weber
32 Parkway, Theodore Wirth Park, through the lakes, Minnehaha Parkway, and back up along the
33 river. He stated he would think the city of Minneapolis would want to connect its trails to St.
34 Anthony's.
35
36 Councilmember Thuesen asked if the other sidewalk grant would be pursued.
37
38 Councilmember Morrison replied the Safe Routes to School is a different funding source. He
39 stated staff is awaiting news on its approval.
40
41 Councilmember Stille asked if the northeast diagonal is slated for development in 2007.
42
43 City Manager Morrison stated he would follow up on this.
44
45 Mayor Faust stated this would be a good connection that he feels would be supported by Mr.
46 Paul Ostrow from Minneapolis.
8
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
City Council Regular Meeting Minutes
March 27, 2007
Page 7
Motion by Councilmember Horst, Seconded by Councilmember Thuesen, to Approve Resolution
07-034, a Resolution Providing City Council Approval for the Submittal of the Transit for
Livable Communities Non -Motorized Transportation Pilot Program (NTP) for Stinson Avenue
NE.
Motion carried unanimously.
C. Resolution 07-035• Livable Communities Sidewalk Grant for Silver Lake Road.
Motion by Councilmember Horst, Seconded by Councilmember Stille, to Approve Resolution
07-035, a Resolution Providing City Council Approval for the Submittal of the Transit for
Livable Communities Non -Motorized Transportation Pilot Program (NTP) for Silver Lake Road.
Motion carried unanimously.
D. City Quarterly Goals Update.
City Manager Mornson provided a first quarter goals progress update report. He stated it is
important to focus on what has taken place concerning the five goals and a report would be
provided quarterly to the Council.
City Manager Mornson stated good progress on the goals has taken place since the goal strategy
session in January 2007. He indicated the goals are posted on the web as well as CTV and an
article in the upcoming newsletter.
Mayor Faust stated this is a good initial progress. He stated he likes the quarterly presentation.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Mornson stated the ad is out for participation on the Road Reconstruction Task
Force with a deadline of April 16, 2007 to apply. He stated one candidate has applied.
Mayor Faust reported attending the League of Minnesota Cities Board meeting on March 15,
2007.
Mayor Faust reported presenting the 2006 goals accomplishments and the 2007 goals at Faith
Methodist Church on March 18, 2007.
Mayor Faust mentioned Councilmember Horst reported to the Planning Commission on March
20, 2007 and City Manager Mornson presented to the Chamber of Commerce in his absence.
7
City Council Regular Meeting Minutes
March 27, 2007
Page 8
I VIII. COMMUNITY FORUM.
2
3 Mayor Faust invited residents to come forward at this time and address the Council on items not
4 on the regular agenda.
5
6 Hearing none, Mayor Faust moved forward with the agenda.
7
8 IX. INFORMATION AND ANNOUNCEMENTS.
9
10 City Manager Mornson reported the Safety Expo would be held at City Hall on April 28, 2007,
11 from 9:00 a.m. to 1:00 p.m.
12
13 City Manager Mornson reported the newsletter would go out early to let people know about the
14 Safety Expo.
15
16 City Manager Mornson reported the City Clean -Up Day is May 5, 2007, from 9:00 a.m. to 1:00
17 p.m.
18
19 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
20 None.
21
22 XI. ADJOURNMENT.
23
24 Mayor Faust adjourned the meeting at 7:57 p.m.
25
26
27 Respectfully submitted,
28
29
30 Dianna Wise
31 TimeSaver Off Site Secretarial, Inc.
32
33 Mayor
34 ATTEST:
35 City Clerk
D.
Saint Anthony Village
DATE: April 10, 2007 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Asphalt Driveway, Maplewood, MN
Kraus Anderson Construction, Minneapolis, MN
3.2 Beer "Off Sale" License:
Applicant: Cub Poods
Location: 3930 Silver Lake Rd
Garbage Haulers License:
Applicant: Walter's Recycling & Refuse, Circle Pines, MN
Service Station License:
Applicant: St. Anthony Service
Location: 2700 Kenzie Ter
Vending License:
Applicant: Wal-Mart Store #3404
Location: 3800 Silver Lake Rd
3.2 Beer "On -Sale" License
Applicant: Gross Golf Course
Location: 2201 St. Anthony Blvd.
0
ACS FINANCIAL SYSTEM
BANK
VENDOR
BREMER BANK
0.0001
FEDEX
9441
ISANTI COUNTY COURTHOUSE
8893
PLEAA
20
AA BATTERY CO
4779
ALCORN BEVERAGE CO, INC
8621
ALLIANCE MECHANICAL
4068
AMCON ST ANTHONY LLC
9058
AMERICAN BOTTLING COMPANY
9250
AMERICAN MESSAGING
8268
AMERICAN PAYMENT CENTERS
8794
ARCTIC GLACIER INC.
9168
AVENET, LLC
4293
BELLBOY CORP.
0.0003
BERG/ROBERT E.
9060
BLAINE LOCK & SAFE INC.
8904
BUREAU CRIMINAL APPREHEN
4333
CANNON RIVER WINERY
4231
CAPITOL BEVERAGE SALES
9100
CAT & FIDDLE BEVERAGE
610
CATCO
8427
CENTURY COLLEGE
4080
CHISAGO LAKES DIST. CO.,
4095
COCA COLA BOTTLING COMPA
9258
CODE PARTNERS, LLC
4107
COMPTON'S COMMERCIAL CLN
8736
CREATIVE FORMS & CONCEPT
8130
D.A.R.E. AMERICA MERCHAN
9343
DEPARTMENT OF LABOR & IN
8429
DEPARTMENT OF PUBLIC SAF
8437
DIRECTV INC
7371
DISCOUNT STEEL, INC.
0.0002
DU ALL SERVICE
9439
EAGLE
4135
ELECTRO WATCHMAN INC
8001
EMERGENCY MED PRODUCTS
8697
EXTREME BEVERAGE
9395
FACTORY MOTOR PARTS CO
8647
FRATTALLONE'S HARDWARE
9055
FREEWAY TOWING
1030
G & K SERVICES INC
1110
GENERAL IND SUPPLY
1180
GOODIN COMPANY
1250
GRAINGER
9102
GRAND PERE WINES, INC
4172
GRAPE BEGINNINGS, INC.
4175
GRIGGS COOPER & CO INC
0.0001
HARTMANMAY
5121
HARTMAN/JAY
1420
HAWKINS WATER TREATMENT
ST. ANTHONY VILLAGE
CHECK# DATE AMOUNT
2890
3/22/2007
130.09
2891
3/29/2007
585.00
2892
3/29/2007
130.00
2894
4/11/2007
117.63
2895
4/11/2007
438.40
2896
4/11/2007
1,789.00
2897
4/11/2007
1,343.99
2898
4/11/2007
148.80
2899
4/11/2007
220.58
2900
4/11/2007
78.00
2901
4/11/2007
177.10
2902
4/11/2007
600.00
2903
4/11/2007
6,192.65
2904
4/11/2007
16,556.70
2905
4/11/2007
239.08
2906
4/11/2007
450.00
2907
4/11/2007
468.00
2908
4/11/2007
30,120.50
2909
4/11/2007
243.00
2910
4/11/2007
48.15
2911
4/11/2007
712.30
2912
4/11/2007
3,827.56
2913
4/11/2007
764.00
2914
4/11/2007
2,473.32
2915
4/11/2007
4,037.42
2916
4/11/2007
463.84
2917
4/11/2007
1,111.20
2918
4/11/2007
488.00
2919
4/11/2007
510.00
2920
4/11/2007
29.77
2921
4/11/2007
28.27
2922
4/11/2007
11,115.32
2923
4/11/2007
52.19
2924
4/11/2007
195.17
2925
4/11/2007
79.83
2926
4/11/2007
900.00
2927
4/11/2007
17.64
2928
4/11/2007
83.57
2929
4/11/2007
362.12
2930
4/11/2007
759.05
2931
4/11/2007
38.90
2932
4/11/2007
417.91
2933
4/11/2007
115.15
2934
4/11/2007
478.00
2935
4/11/2007
3,401.75
2936
4/11/2007
16,378.68
2937
4/11/2007
387.06
2938
4/11/2007
147.37
2939
4/11/2007
2,955.22
Lul
11
ACS FINANCIAL SYSTEM
BANK VENDOR
I :77 lydjl :1
ST. ANTHONY VILLAGE
CHECK# DATE AMOUNT
9214
HENNEPIN COUNTY TAXPAYER
2940
4/11/2007
8.00
8987
HENNEPIN COUNTY TREASURE
2941
4/11/2007
1,042.50
9204
HENRY SCHEIN, INC.
2942
4/11/2007
1,132.98
9160
HEWLITT PACKARD COMPANY
2943
4/11/2007
1,233.84
9417
HIGH TECHNOLOGY CRIME
2944
4/11/2007
30.00
4207
HOHENSTEIN'S, INC
2945
4/11/2007
4,426.30
8252
HOME DEPOT CREDIT SERVIC
2946
4/11/2007
195.15
9415
ICI PAINTS
2947
4/11/2007
27.69
4125
JJ TAYLOR DISTRIBUTING
2948
4/11/2007
32,407.34
4220
JOHNSON BROTHERS LIQUOR
2949
4/11/2007
5,523.21
4229
LARSON/MICHAEL
2950
4/11/2007
167.19
8434
LEAGUE OF MINNESOTA CITI
2951
4/11/2007
133.66
1980
LEAGUE OF MN CITIES
2952
4/11/2007
340.00
2040
LILLIE SUBURBAN NEWSPAPER
2953
4/11/2007
27.00
8229
LOFFLER BUSINESS SYSTEMS
2954
4/11/2007
824.31
9114
M. AMUNDSON LLP
2955
4/11/2007
480.98
2130
MAMA
2956
4/11/2007
18.00
4265
MARK VII SALES INC
2957
4/11/2007
16,477.70
8263
MCLEOD USA, INC.
2958
4/11/2007
211.54
2230
MENARD LUMBER
2959
4/11/2007
55.36
8245
METRO FIRE
2960
4/11/2007
28.00
2240
METROPOLITAN COUNCIL
2961
4/11/2007
36,467.00
4277
MIDWEST TAPE & RIBBON IN
2962
4/11/2007
500.00
9189
MINNESOTA ASSN OF COMMUN
2963
4/11/2007
25.00
8269
MINNESOTA SHREDDING LLC
2964
4/11/2007
56.00
9438
MINNESOTA SISTER CITIES
2965
4/11/2007
25.00
8881
MINNESOTA WINEGROWERS
2966
4/11/2007
377.40
9020
MINNESTALGIA WINERY
2967
4/11/2007
771.00
7356
MOORE-SYKES/KIM
2968
4/11/2007
83.89
9106
MT GLOBAL
2969
4/11/2007
604.80
2395
MTI DISTRIBUTING, INC
2970
4/11/2007
44.10
9084
MUZAK- NORTH CENTRAL
2971
4/11/2007
52.77
8883
NEW FRANCE WINE COMPANY
2972
4/11/2007
510.00
0.0001
NICCUM/PATRICK
2973
4/11/2007
140.00
7312
NORTH AMERICAN SALT COMP
2974
4/11/2007
1,270.90
45
OFFICE DEPOT
2975
4/11/2007
637.47
8528
PACE ANALYTICAL SERVICES
2976
4/11/2007
26.00
9275
PAT KERNS WINE MERCHANTS
2977
4/11/2007
192.00
4354
PAUSTIS & SONS
2978
4/11/2007
3,475.50
8805
PETTY CASH - BREMER BANK
2979
4/11/2007
154.32
4360
PHILLIPS WINE & SPIRITS
2980
4/11/2007
3,629.97
8274
PITNEY BOWES, INC.
2981
4/11/2007
177.87
9203
POSITIVE ID, INC.
2982
4/11/2007
54.26
8851
POWERPLAN
2983
4/11/2007
14.31
4161
PREMIUM WATERS, INC
2984
4/11/2007
50.00
9139
PROPERTY KEY, INC.
2985
4/11/2007
50.00
4385
QUALITY WINE CO
2986
4/11/2007
12,642.44
8571
RAMSEY COUNTY ATTORNEY'S
2987
4/11/2007
172.34
9356
REGIONS INTERSTATE BILLI
2988
4/11/2007
45.58
12
ACS FINANCIAL SYSTEM
ST, ANTHONY VILLAGE
BANK
VENDOR
CHECK#
DATE
AMOUNT
BREMER BANK
9347
RITZ CAMERA CENTERS, INC
2989
4/11/2007
61.72
9428
SHANK CONSTRUCTORS, INC.
2990
4/11/2007
205,305.55
9127
SIMPLEXGRINNELL
2991
4/11/2007
449.96
9072
SPECIALTY WINES & BEV. L
2992
4/11/2007
432.00
9259
SPRINT
2993
4/11/2007
277.30
9083
ST. ANTHONY RETAIL DEVEL
2994
4/11/2007
1,885.98
9167
ST. ANTHONY -NEW BRIGHTON
2995
4/11/2007
26,087.78
3490
STREICHER'S
2996
4/11/2007
2,925.70
8470
SUN NEWSPAPERS
2997
4/11/2007
947.50
7337
TIMESAVER OFF SITE SECRE
2998
4/11/2007
119.00
8222
TKDA ENGINEERS
2999
4/11/2007
214.55
8907
TOUSLEY FORD
3000
4/11/2007
52.78
3560
TRACY PRINTING
3001
4/11/2007
486.71
3567
TRADE TOOLS INC
3002
4/11/2007
10.14
7330
TRI STATE BOBCAT, INC.
3003
4/11/2007
31.48
8449
TWIN CITY GARAGE DOOR
3004
4/11/2007
307.53
4481
TWIN CITY JANITOR SUPPLY
3005
4/11/2007
50.16
9171
UNIQUE PAVING MATERIAL
3006
4/11/2007
236.64
8561
UNITED RENTALS COMPANY
3007
4/11/2007
253.01
8888
VALPAK OF MINNEAPOLIS -ST
3008
4/11/2007
1,300.00
8517
VICTORY CORPS
3009
4/11/2007
34.18
9440
W. L. HALL CO.
3010
4/11/2007
234.00
8310
WINE MERCHANTS INC
3011
4/11/2007
1,785.54
8273
WSB & ASSOCIATES, INC.
3012
4/11/2007
41.50
2680
XCEL ENERGY
3013
4/11/2007
9,632.95
BREMER BANK NA
492,611.61
REQUEST FOR COUNCIL CONSIDERATION
Report Date: April 2, 2007 Agenda Section. III. D.
Meeting Date: April 10, 2007
ITEM DESCRIPTION: Resolution 07-036, Approving the Memorandum of
Understanding with the St. Anthony - New Brighton
School District #282 for the 2007 School Board Elections.
REVIEW: For the last several years, the City has conducted all local
elections (i.e. City Council and School Board). These
elections are held on the odd numbered years. The
attached memorandum of Understanding between the City
of St. Anthony and St. Anthony/New Brighton School
District #282 defines the arrangement and must be agreed
upon by both parties.
This year, the School District intends to have the City
conduct their elections as in years past. The School Board
will have three seats open and a possible question on the
ballot. The School District will reimburse the City of 50%
of the total non -fixed costs. In addition, the School. District
will absorb the total cost of primary if one is necessary.
The Memorandum of Understanding has been approved
by the School District and is awaiting approval of the City
Council.
Barb Suciu
City Clerk
Z:\Council Mectings12007\0410071staf€ report for memo of understanding.doc - 1 -
13
CITY OF ST. ANTHONY AND ST. ANTHONY/
NEW BRIGHTON SCHOOL DISTRICT NO. 282
MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of St. Anthony (the ACity@) and the St. Anthony/New Brighton
Independent School District No. 282 (ISD #282), desire to perform their elections
in odd numbered years; and
WHEREAS, pursuant to Minnesota State Statue Section 205.03 Subd. 1 Required primaries in
certain, circumstance; the City will perform a primary election on the Tuesday after
the second Monday in September; and
WHEREAS, the "City" and ISD #282 will combine elections of the City Council and School
Board and to hold said combined elections on the First Tuesday after the first
Monday in November.
NOW, THEREFORE, BE IT RESOLVED that in 2007:
1) the City Clerk will conduct all primary School District Elections;
2) the City Clerk will conduct all local General Elections;
3) voting equipment, responsible by the City, will be used;
4) the School District will be responsible for all costs related to a primary election as a result
of Minnesota State Statues 205A.03 Subd. 1;
4) the School District will reimburse the City 50% of the total non -fixed costs associated with
the election. Future local elections will be negotiated when appropriate;
5) the City will pay the full cost of any local General Elections for which ISD #282 has no
item on the ballot;
6) ISD #282 will hold harmless the City in the conduct of elections.
CITY OF ST. ANTHONY ST. ANTHONY/NEW BRIGHTON
Its
Its
INDEPENDENT SCHOOL DISTRICT
#28 r
Itsh_`6 --------------------
--------------------------- -----
Its _�u � �' —_—' &Y -1 --------
Date ----1j4j 7 ---------------
14
CITY OF SAINT ANTHONY
RESOLUTION NO. 07-036
APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT
FOR THE UPCOMING 2007 ELECTIONS
WHEREAS, the City of St. Anthony (the "City') and the St. Anthony/New Brighton
Independent School District No. 282 (ISD #282), desire to perform their
elections in odd numbered years; and
WHEREAS, pursuant to Minnesota State Statue Section 205.03 Subd.1 Required
primaries in certain circumstance; the City will perform a primary election
on the Tuesday after the second Monday in September; and
WHEREAS, the "City" and ISD #282 will combine elections of the City Council and
School Board and to hold said combined elections on the First Tuesday
after the first Monday in November
NOW, THEREFORE, BE IT RESOLVED that:
1) the City Clerk will conduct all primary School District Elections; and
2) the City Clerk will conduct all local General Elections; and
3) voting equipment, responsible by the City, will be used; and
4) the School District will be responsible for all costs related to a primary election as
a result of Minnesota State Statues 205A.03 Subd. 1; and
4) the School District will reimburse the City 50% of the total non -fixed costs
associated with the election. Future local elections will be negotiated when
appropriate; and
5) the City will pay the full cost of any local General Elections for which ISD #282
has no item on the ballot; and
6) ISD #282 will hold the City harmless in the conduct of elections.
Passed and adopted this 10th day of April, 2007.
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City Manager
15
STAFF REPORT
To: Mayor and City Council Report No.:
Mike Mornson, City Manager
From: Kim Moore -Sykes, Assistant City Manager
Date: April 10, 2007
Subject: Resignation of Todd Hanson, Planning Commissioner
Background: On Monday, April 2, 2007, Staff received a letter of resignation from Planning
Commissioner Todd Hanson. He and his family are moving out of the community and as such is
required to resign his seat on the Planning Commission. Commissioner Hanson's terra would have
expired on December 31, 2007.
Commissioner Hanson has served on the Planning Commission for nearly nine years. During that
time, he has also served the Commission as its Vice Chair. On occasion, Commissioner has
facilitated the Commission's regular meeting, served as a Planning Commission representative to
various task forces and represented the Planning Commission as Council Representative.
Commissioner Hanson will continue to be involved with St. Anthony through his business, which is
located in the St. Anthony Shopping Center and as a member of the Kiwanis and the Chamber of
Commerce.
Attachments:
Letter of Resignation
CADocuments and Settingslbarb.suciu\Local Settings\Temporary Internet Files10LK241041007 Hanson resignation staff report
Am
16
17
April 1, 2007
Kim Moore -Sykes
Assistant City Manager
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Resignation from St. Anthony Planning Commission
Dear Kim
This letter is written to serve as notice of my immediate resignation from the St. Anthony
Planning Commission. My wife and 1 have sold our home in the Village and our closing
date is later this month.
It has been a great privilege to serve on the Planning Commission for the past eight plus
years. Certainly, the redevelopment of Apache Plaza was a significant project to be part
o1; but I hope to think that all of the public hearings and meetings were important in
keeping St. Anthony a great place to live and work.
Even though I will not be living within the Village anymore, my business and I will
continue to contribute to the Village in many ways such as the Kiwanis Club, the
Chamber and the schools.
Thank you for your help and for the opportunity to serve the residents of St. Anthony
Village.
Todd J. Hanson
CITY OF ST. ANTHONY
RESOLUTION 07-037
RESOLUTION ACCEPTING THE RESIGNATION OF TODD HANSON,
PLANNING COMMISSIONER
WHEREAS, The City St. Anthony Council received a letter dated April 1, 2007 from
Planning Commissioner Todd Hanson advising Staff that he is serving
notice of his immediate resignation from the Planning Commission; and
WHEREAS, Commissioner Hanson has served on the St. Anthony Planning
Commission since 1999;
WHEREAS, The City of St. Anthony has sincerely appreciated his willingness to share
his talents, time and experience as a Commissioner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St.
Anthony hereby regretfully accepts the resignation of Todd Hanson from the
Planning Commission and sincerely appreciates his nearly nine years of service to
the City.
Adopted this 10°i day of April, 2007.
ATTEST:
Mayor
City Clerk
Reviewed for administration:
City Manager
19
REQUEST FOR COUNCIL CONSIDERATION
Report Date: April 3, 2007 Agenda Section: III. F.
Meeting Date: April 10, 2007
ITEM DESCRIPTION: Resolution 07-038; Approving appointment to Planning
Commission.
REVIEW: With the resignation of Commissioner Todd Hanson, there
is a vacancy on the planning commission. Going back into
the 2007 pool of candidates, staff is recommending
appointing applicant Kim Goodwin. Kim was previously
interviewed in January 2007.
Attached is Kim's original letter of interest and resume for
your review.
IW)-xgiNM^
Michael Mornson
City Manager
Z:1Council Meetings1200710410071staffreport for planning commissioner.doe
20
Hello,
I see on the city's.website an opportunity for membership on the planning commission. Does the vacancy still exist ?
so, IA like to submit my resume and letter early this week.
Thank you:
Kim Goodwin
2921 32nd Ave. NE
St. Anthony, MN 55418
612 789-1589
21
Kimberly C. Goodwin
292132n" Ave. NE
St. Anthony Village, MN 55418
612 789.1589
612 720-6870
kcartictizoodwin@aol.com
EMPLOYMENT HISTORY
COORDINATOR Greater Duluth End -of -Life Coalition 2005
Led the Coalition's program planning on advance directives, hospice and palliative care
and media awareness of options at the end of life
Enhanced community awareness and education to improve experiences at the end of life.
SENIOR PLANNER - Department of Planning and Development, The City of Duluth 1993-2003
Divisions of Community Development and Workforce Development
Planned, implemented and monitored federally -funded community development initiatives for
the employment, housing and health care needs of Duluth's low- income citizens
Coordinated City of Duluth's Minnesota Family Investment Program (MFIP) team
Researched, planned and secured approval of HUD -funded Consolidated Plan for Housing and Community
Development and Comprehensive Homeless Assistance Plans
Created and administered the Duluth Community Jobs Program, an employment partnership of
business, government and non-profit organizations
Planned and led public presentations to city council, corporations and media.
ASSISTANT PLANNER - Department of Planning and Development, The City of Duluth 1989-1993
Principal author of Duluth Anti -Poverty Strategy submitted annually to HUD
Managed the successful Duluth Housing Trust Fund's Campaign for Affordable Housing, a public-
private partnership
Led successful efforts in establishing a Duluth office of the Local Initiatives Support Corporation.
Facilitated and staffed neighborhood coalition activity
EDUCATION
The Humphrey Institute of Public Affairs University of Minnesota, Minneapolis MN
Candidate for Master of Public Affairs, Degree anticipated 2007
Concentration: Health Policy GPA 3.8
The College of St. Catherine, St. Paul, MN
Bachelor of Arts, Political Science, 1987
Graduated with academic and leadership honors
22
COMMUNITY CONTRIBUTIONS
Educating the Community on Health Care Options - Duluth, MN
Executive Committee, 2003.2005
United Way of Greater Duluth - Duluth, MN
Co -Chair, Basic Needs Panel; Fund Distribution Panel; Agency Sclf-Study Committee 200.3-2005
United Developmental Achievement Center- Duluth, MN
Board Member, 2003.2005
Congdon Park Elementary School - Duluth, MN
Foundation board member 2004.2005; Site Council member, 2000-2003
REFERENCES
Available on Request
23
CITY OF ST. ANTHONY
RESOLUTION 07-038
A RESOLUTION APPROVING APPOINTMENT TO
PLANNING COMMISSION
WHEREAS, Planning Commissioner Todd Hanson has submitted his resignation from
the planning commission; and
WHEREAS, the City Council interviewed in January and has appointed the following
to the Planning Commission to complete the term of Commissioner
Hanson:
Planning Commission
Kimberly Goodwin Term ending 12/07
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the above named applicant to the Planning Commission to complete
the term of Commissioner Hanson.
Adopted this 101h day of April, 2007.
ATTEST:
Mayor
City Clerk
Review for Administration:
City Manager
Z:\Coumil Meetings\2007\041007\respleommissionerst.doc
A
WSB & Associates, Ina
S
701 Xenia Avenue S Suite 300
Minneapolis, MN 55416
(763) 541-4800
& Associates, Inc.
(763) 541-1700 (/ax)
April 3, 2007
The Honorable Mayor, City Council and Staff
c/o Michael Morrison
City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, MN 55418-1699
Re: City Engineer's Update for April 10, 2007
Dear Honorable Mayor, City Council and Staff:
24
This letter is intended to provide you with an update on the ongoing activities within the City. Below,
please find a list and a brief update on the current status of projects within St. Anthony Village:
1. Water Meter Replacement/Foundation Drain Inspection
The City's water meter installer has replaced approximately 1,200 meters, and anticipates
completing the first appointments for all residential meters by the end of April.
Currently, the contractor has forwarded approximately 85 locations where foundation drains are
present. They anticipate this number will grow over the coming weeks and the contractor will
continue to update his records and forward those onto the City for our review.
The contractor for reading the radio signals from the meters has not located a permanent location
for its receiver. Meters are temporarily being read from the roof of City Hall until a permanent
location can be secured.
The first quarter utility billings for 2007 have been generated, and approximately 600 of the bills
were generated using the new water meter and radio read system.
IL Silver Lake Road Reconstruction
On April 5 we will be holding two project management meetings regarding Silver Lake Road.
The first meeting will be with the utility companies to discuss the logistics of relocating the gas
main and undergrounding the overhead utilities along the Silver Lake corridor. The second
meeting is a stakeholders meeting to discuss the construction staging and construction related
traffic issues during the construction of Silver Lake Road. I will provide additional information
on the results of those meetings at the Council meeting.
K : i01c2e-22Ua,„i,nnoc.,v¢i,--h„icc-040207.aoc
City Engineer Update
April 3, 2007
Page 2
III. 2007 Street Reconstruction Project
We will be holding a project coordination meeting with the contractor on Tuesday, April 3, to
discuss the current proposed schedule for reconstruction of the Foss Road Lift Station, sidewalk
improvements on Hwy. 88 and Highcrest Road, as well as the reconstruction of 39°i Avenue,
Roosevelt Street, Pahl Avenue, and 27°i Avenue.
A public information meeting has been scheduled for Thursday, April 19, to discuss the
construction staging and contact information, and to respond to any questions residents may have
in regard to this year's reconstruction program.
IV. Water Treatment Plant Upgrades
Improvements to one of the two filter vessels have been completed, and work on the second
vessel has begun. The work has included replacement of all of the filter media, and replacement
of all valves associated with the water treatment process. We anticipate the second filtration
vessel will be completed in May and the treatment plant upgrades finalized by June.
Also in the last month, maintenance cleaning of the water tower was completed.
I will be available at your April 10, 2007, City Council meeting to provide you with any additional
information and answer any questions you may have, or please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd I-Iubmer, PE
City Engineer
lh
A:101626221e1 dminlDoesV.v-lnnec-040207. doe
25
26
STAFF REPORT
To: Mayor and City Council Report No.: VI. B.
Mike Mornson, City Manager
From: Kin Moore -Sykes, Assistant City Manager
Date: April 10, 2007
Subject: Bid for Codification of City Ordinances
Background: One of the goals that carne as a result of our 2007 Goal Setting Retreat was for staff
to research the need to re -codify the City's Code of Ordinances and to solicit bids. Staff contacted
Duke Addicks, special counsel for the League of Minnesota Cities, Member Services and asked him
to submit a proposal.
Mr. Addicks responded with the attached proposal for the codification process. The estimated cost
for the proposed codification is $11,995 plus any costs incurred as a result of the recodification of
the City's code. The scope of the work proposed to be done under this estimated cost includes:
• Review of the City's current code of ordinances and all ordinances and resolutions
passed since the last codification, which city records indicate was done in 1993.
• Organize all information based on titles, chapters, sections and according to subject
matter.
• Update the code to reflect current statutory and case law requirements, deleting
improper or unlawful provisions.
• Simplify language where appropriate and convert to gender -neutral language where
necessary.
• Prepare a table of contents with sectional analysis and an index.
• Submit a draft of the updated code within six months of execution of contract and
provision of documents.
• 20 printed copies within three months of City's authorization.
In addition to the above-cited portions of performance and scope of work, the bid also provides for
other services that are deemed Optional Services. Some of these options, such as meeting with the
attorney from American Legal Publishing would be at the City's expense.
The bid expires June 30, 2007 if the City chooses not to execute the agreement.
Recommendation: There are a few chapters of the City Code that do need review and possibly
revision. These chapters include Chapter 5 Licenses, Permits, and Business Regulations; Chapter 6
Fees. Rates, and Charges; Chapter 14 Siris; and Chapter 16 Zoning and Land Use. Staff is currently
C1Documents and SettingAbarb.suciu\Local Settingffemporary Internet Files10LK241041007 LMC codification proposal staff
report.doc
reviewing other chapters of the Code for possible revision. If it is determined that these are the 27
only chapters in need of revision, it then becomes a question of whether or not the City's Code is
really in need of such a thorough review and if these revisions could be done in-house with final
review being done by the City attorney for the same amount of money or less.
Attachments:
• Copy of a bid from LMC/American. Legal Publishing Corp.
CADocurnents and SettingMarb.suciuTocal Settings\Temporary Internet Files\QLK24\041007 LMC codification proposal staff
report .doe
We.
145 University Avenue West, St. Paul, MN -2044
Phone: (651) 281.1200 • (800)0) 925 925-1122
TDD (651) 281-1290
LLAC
nesola 06.S I,MCPax: (651) 281.1299 • LMCIT Pax: (651) 281-1.298
ng excellence
Web Site: littp://Nvww.lnuio.org
January 24, 2007
Barb Suciu,
City Clerk
3301 Silver Lake Rd NE
St. Anthony, MN 55418-1699
Re: Codification of Ordinances
Dear Ms. Suciu:
Enclosed is an updated codification proposal from the League of Minnesota Cities and
American Legal Publishing who is the codification consultant to the League.
A recodification includes incorporating new ordinances, updating the index and tables
as needed, reformatting the pages into a new typestyle, including single or dual column print,
and printing complete copies of the entire code book. It also includes a legal review and
written report by one of our staff attorneys. The review will uncover inconsistency between
sections in the code and inconsistency with the code and state statutes. Additionally, there
might be some reorganization and renumbering of the code if necessary. New binders and
divider tabs are included in the price. There is also the option to receive the new code on CD
in Polio and have it on the internet.
In future years, new ordinances can be easily added to your code with American
Legal's supplement services. And, when you need a model ordinance, simply call us; we
don't charge for providing model ordinances. You can also search all codes on our internet
site free of charge when you feel like looking for models yourself.
Sincerely,
RAY BOLLHAUER,
ALP Staff Attorney
(800/445-5588)
rbollhauer@amlegal.com
DUKE ADDICKS,
LMC Special Counsel and Codification Attorney
(651/281-1221)
addicks@lmnc.org
AN EQUAL OPPORTUN I'FWAPPIRMATIVE ACTION EMPLOYER
Code of Ordinances
Proposal for
St. Anthony, MN
LMC
League of Minnasofa Cities
Giies promoting a e%%nce
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103-2044
Duke Addicks, Special Counsel
(651) 281-1221
4 s �MERICAN
�-1 x
�E(Jif (_{� L
Publishing Corporation
American Legal Publishing
432 Walnut Street
Cincinnati, OH 45202
Ray Bollhauer, Staff Attorney
(800) 445-5588
29
CODIFICATION SERVICES AGREEMENT
January 24, 2007
The City of St. Anthony, Minnesota ("City") and the League of Minnesota Cities and its codification
consultant, American Legal Publishing Corporation, (jointly known as "Codifier"), agree as follows:
I. THE CODIFIER SHALL:
(1) Examine the City's prior code of ordinances (if any), and all ordinances or resolutions provided
by the City which have been passed since the last codification, and determine which materials
are to be codified.
(2) Classify all materials into titles, chapters, and sections, according to subject matter.
(3) Update all provisions to reflect current statutory and case law requirements.
(4) Simplify language where appropriate to effect uniformity of style and to convert to gender
neutral language wherever possible.
(5) Suggest new provisions which the City should consider including in the new code, and delete old
provisions which are no longer necessary or which might be improper or unlawful.
(6) Organize the code in an easy to use manual which utilizes a numbering system that allows for the
easy insertion of future ordinances.
(7) (a) Prepare title, chapter, and section headings.
(b) Prepare a legislative history for each section, citing the ordinance number and date of
passage, as indicated on copies of ordinances supplied to the Codifier.
(c) Prepare a table of contents and sectional analysis for each chapter.
(d) Prepare an index (which will be created after the first draft of the Code is submitted).
(8) Within six months of the execution of this contract and return of the code questionnaire, prior
code and new ordinances by the City, submit to the city a draft of the code with a legal report
prepared by American Legal with the assistance of the League's Attorney.
(9) When the City either returns to American Legal its answers to the legal report with any
additional comments about the draft, or completes the legal conference, it shall be deemed
authorization by the City to the Codifier to finish editing and publish the code in final form.
Any further changes, additions, or deletions shall be made in the future supplements to the code
in accordance with paragraph III (3) of this Agreement.
(10) Within three months of receipt of authorization as indicated in paragraph (9), the Codifier will
deliver 20 printed copies of the code meeting the following specifications:
(a) Type to be single or dual column, at the option of the City.
(b) Page size to be 81/2" x IV.
(c) All copies to be in hard leather -like covered, 3 -ring, loose leaf binders. All binders shall
have the City's name stamped in gold and shall contain divider tabs.
Page 1 of 5
30
31
(11) Deliver to the City a sample ordinance that can be used to adopt the new code. In addition, upon
request, the Codifier will provide a copy of the completed code on computer disk in
WordPerfect or Microsoft Word compatible at no additional charge.
H. THE CITY SHALL:
(1) Provide clear copies of all materials necessary to perform the codification, including a copy of
any previously published code of ordinances, ordinances passed since the code was last updated,
City Charter if applicable, and completed code questionnaire.
(2) After receipt of the draft and legal report described in paragraph I (8), the City shall have 60
days to review the draft and report and to return to the Codifier its answers to the legal report.
In the alternative, if the City opts for the legal conference described in paragraph III (1), it must
contact the Codifier's Staff Attorney within 60 days to set up a meeting date. The meeting,
itself, need not occur within the same 60 day period. If the City fails to either return its
comments and answers to the legal report within 60 days or, if applicable, to set up a meeting
date, the City may request that the Codifier extend the deadline in writing. The Codifier may
adjust the contract price to cover any increased costs due to the City's delay. Should the City
abandon the project prior to completion, it will be billed for a total of 80% of the base price.
(3) Pay to the League as a base price, the sum of $11,995 for its services, payable as follows:
10% down payment due upon acceptance of this agreement (invoice will be sent);
60% upon receipt of the draft of the new code;
The remaining balance upon receipt of the printed code books.
(4) The base price above is based upon a code of the following number of pages according to the
format option of the City. Should the final number of code pages exceed or be less than the
estimate by more than 5 %, the base price will increase or decrease accordingly at the time of
final invoice:
(5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day
period shall be subject to a late payment equal to 1.5 % of the unpaid balance per month, or part
thereof.
III. OPTIONAL SERVICES.
The City, by the initials of the person signing the agreement, chooses the following options:
INITIAL
(1) Legal Conference:
The Codifier's Staff Attorney (or the League's attorney if requested by the City) will meet with
City representatives to review the draft of the code and legal report. The City will pay for the
Page 2 of 5
Staff Attorney' travel expenses from Cincinnati, Ohio (or the League's attorney's expenses from
St. Paul, Minnesota), including meals and lodging expenses, and this charge is in addition to the
base contract price. There is no additional charge for phone conferences.
(2) Code Format:
Print style (circle one): Single -column or Dual -column
(3) Three year supplemental service plan:
For a period of three years after delivery of the code:
(a) The Codifier shall:
1. Incorporate into the code new pertinent ordinances submitted by the City.
2. Revise or make additional entries to the table of contents and index as necessary to
reflect the incorporation of additional, changed or deleted material.
3. Within 45 days, deliver to the City 20 printed copies of supplemental pages with an
instruction sheet for directing the placement of the new pages in the code.
(b) The City shall:
1. Provide a copy of ordinances or resolutions passed subsequent to publication of the
previous code supplement;
2. Pay to the Codifier the sum of $18 per single column page or $22 per dual column page
which is re -printed for the supplement.
(c) Upon completion of the three-year period, this agreement shall automatically renew itself
from year to year except that either party may alter or cancel the terms of this agreement at
any time upon ninety days written notice.
(4) Additional Copies of Code: number of copies (with binders: Yes or No)
The Municipality may purchase additional codes at: $60 per copy or $45 without a binder.
(5) Code in Word Processing Program:
At no additional charge, the Codifier will provide the code on disk or CD in one of the following
formats (circle one):
WordPerfect or Microsoft Word compatible (formatting might be slightly different than
in WordPerfect file used to create code)
Page 3 of 5
32
(6) Folio Search and Retrieval proeram:
(a) The codifier shall provide the City's code in the
Folio format on CD with complete instructions
and one copy of a manual for $595.
Additional CD's are $10 each + $50 license fee ($60 each): #,
(b) Future Supplements of Folio Code:
(cost is in addition to editing charge for printed pages)
• Annual update: $195 includes up to 100 pages
CDs
• Six month updates: $150 for each 6 month period; includes up to 75 pages
• Quarterly updates: $100 for each quarter, includes up to 50 pages
Excess pages charged at $1.95 each
(c) Additional License Fees for a one-time fee of $50 each:
Order: # of additional licenses
(d) Optional On -Site Installation & Training
at $695/day + Travel Expenses:
(e) Code on the Internet (after Folio conversion) at $250 per year:
(7) Pamphlets:
(a) Pamphlets, sized for 81/2" x IV copy, containing component parts of the Code, with a
cardstock cover, may be ordered:
(circle desired topic and insert number of copies):
Traffic/General Offenses Code # of copies
Zoning Code # of copies
Subdivision # of copies
All Land Use Regulations # of copies
Other # of copies
(b) Cost:
1-50 copies of pamphlet — .075 per printed page
51-99 copies of pamphlet — .070 per printed page
100 or more copies of pamphlet — .065 per printed page
(c) Optional 3 -ring binders ($15 each)
Page 4 of 5
33
IV. TRANSMITTAL AS OFFER:
34
The transmittal of this Agreement to the City is an offer by the Codifier to perform the stated services
at the terms referenced within the Agreement. This offer will expire if not executed by the City by
June 30, 2007, unless such date is extended in writing by the Codifier.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date(s) indicated:
LEAGUE OF MINNESOTA CITIES AND
CITY OF ST. ANTHONY, MINNESOTA AMERICAN LEGAL PUBLISHING
FM
TITLE
DATE
BY
TITLE
DATE
IN THE PRESENCE OF: IN THE PRESENCE OF:
Page 5 of 5
FUTURE COUNCIL AGENDA ITEMS
as of April 3, 2007
Meeting
Date
Meeting
Type
Staff
Items/Issues
April 24
Regular
Planning Commission items from April 17
City Manager
Recognition of Ms. Wyatt's Second Grade Class
Appointment of Road Reconstruction Task Force
Public Hearing on 2008 Budget
May 8
Worksession
5:00 p,m.
Capital Equipment Work session
Regular
City Engineer
City Engineer Update
Silver Lake Road Update - Hennepin County
May 22
Regular
Planning Commission items from May 15
City Manager/
Finance Director
2006 Audit Presentation
May 29
Special
May 31
Special
3:00 p.m
Department Heads
., ' •s
June 12
Regular
City Engineer
City Engineer Update
June 26
Regular
Planning Commission items from June 19
City Manager
Quarterly Goals Update
July 10
Regular
July 24
Regular
Planning Commission items from July 17
National Nite Out Proclamation
July 31
Special
August 14
Regular
Financial Management Plan
August 28
Regular
Planning Commission items from August 21
September 11
Regular
September 26
Regular
Planning Commission items from September 18
City Manager
Quarterly Goals Update
October 9
Regular
Review of Single Sort
October 23
Regular
Planning Commission items from October 16
October 30
Special
s z�
P i0v,l4d(ii�r�r�PF iuiFe ! 1o�tt "_`�
April 2007
Monthly Planner
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Work session
5:30 P.M.
Council Meeting
15
16
17
18
19
20
21
Planning
Commission
meeting
22
23
24
25
26
27
28
Council Meeting
Silver Lake
50 Years of
Road Open
Public Safety
House 6:30 pm
Expo
to 8:30 pm
9 am to 1 pin
29
30
Mar 2007
May 2007
S M T W T F S
S M T W T F S
1 2 3
1 2 3 4 5
4 5 6 7 8 9 10
6 7 8 9 10 11 12
11 12 13 14 15 16 17
13 14 15 16 17 18 19
1S 19 20 21 22 23 24
20 21 22 23 24 25 26
25 26 27 28 29 30 31
27 28 29 30 31
Printed by Calendar Creator for Windows on 4/3/2007
May 2007
Monthly Planner
Sunday Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
Apr 2007
S M T W T F S
Clean Up Day
9 a to pm
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
6
7
8
9
10
11
12
Work session
5:30 p.m.
Council Meeting
13
14
15
16
17
18
19
Park Dedication
Planning
5:30 p.m.
Commission
meeting
20
21
22
23
24
25
26
Council Meeting
27
28
29
30
31
Jun 2007
Joint Meeting
Mid Year Goal
S M T W T F S
with School
Setting Retreat
1 2
Board
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
rimed oy uaienuar mneam w, Nmd.., mivro�avor
As of 4/3/2007
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 Financial Management Plan (FMP)
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 PolicyTodd
1/23/07 Adopted Policy
Forming Task Force
Park Bench Project
JH
On -Going
Liquor Store Story
ML/MM/RL
On -Going
Park Dedication Fees
RL
Discuss with FMP
Public Safety Expo
JO/JH/JM
4/28/07
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
�\
uj2
�§
Wj
.A
�
- §awww&
me
m0eooSoa®
:w�qg%®o
a===w*@{t
a)
A)<<<
\o
;EL
22 )
CO
\
/
D
)
k2c»
)IfE)
S¥
\G\=f%
&
a.
S
:j
® ca
Eo
ED
oQ
o
m
E®
<
\\)0
\m
wawiw&Ka
�
0
0
LO
f!J
.fl
�N
LL
.0
A
N
co
m
o
c
ttl
Q
U
C�
Ucc
U
U
U
WO
Y
Y
Y
Y
Y
Y
u
Y
Y
Y
Y
Y
Y
f
O
4
N
6
�
c
W
y
N
C
CC_
N U
O
l6
01
E
E
y
a�°)Lo_
E p tlI
v -N
O
�O
N M
O
V
N
E
N U
7
H
QC)crEoE
o_
.cuC
O
C o
,O
Q
E N
O
N Q
O
'O
OLL
L
zs
>
cr
C baa
LO
H
%
k
k
000
.
f°\
§\
33
EE
,
/
§
.\/ƒ)\2\
\
2
z
)
f
.
_
\mm
g
2
%mwma
\�
}
�
m
ui
D/
$
2
0
$
\
j§
�
\
03,
Q
\
§oa\
c
a
ca
)
0{'�
a\
a#a®a/§f
(2
I)L)GGRR�w
2®e<B/=)e
•
@#t
m�mEaE&±oe
!7/$);$
+
«&wiwaRa¥§
%
.,s
U)
46
0
ii.
It.]
0
h
9
C
(U
IL
,
00
00,E
O
O
O
o
0
-
Cl)
M
m
c�
0
0
0
00
M
M
@
U
(1)
c)
cn
�
to
■
U
U
U
cn
u
N
N
N
N
4[
•
L
t
.z
L
W
W
W
W
,
N
NO
N
C
N
O
O
C
O
4
N
N
U)
N
N
U
O
c
O
N
E
C
M
N
0
O
LL
v
QO
N
�p
U
O
O
C
U
NN
0
L
M
UI
U>M
>
UI (6
O
M
O
•
O
O
u UQ
C
C
�
C C
c6
C
M
(6
_
�w
N
EC
N
C
O
•
N
M
N
N (D
a E
N
a E
N�
d
0
�N
M
d'�Mr
W
m
O)
r
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
April 10, 2007
Call to Order.
Roll Call.
I. Approval of April 10, 2007, H.R.A. Agenda.
Il. 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 CounciImember or citizen so requests, in which event the item will be removed from
the Consent Agenda and placed elsewhere on the agenda.
A. Approve March 13, 2007, H.R.A. Minutes. (p.1 -- 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
A. Resolution 07-1006; Approval of Bond. Resolution for Tax Increment Revenue Bonds
(Silver Lake Village Phase IA Housing), Series 2007. Stacie Kvilvang, Ehlers &
Associates presenting. (p. 4 - 31)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
Z:ICouncil Meetings12007104100711-IRA AgendapUoe
1
I CITY OF ST. ANTHONY
2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
3 March 13, 2007
4
5 CALL TO ORDER,
6 Chair Faust called the meeting to order at 9:41 p.m.
7
8 ROLL CALL.
9 Commissioners present: Chair Faust; Commissioners Gray, Horst, Stille, and Thuesen.
10 Commissioners absent: None.
11 Also present: Executive Director Michael Mornson and City Attorney Jerome
12 Gilligan.
13
14
15 I. APPROVAL OF MARCH 13, 2007 H.R.A. AGENDA.
1.6
17 Motion by Commissioner Horst, seconded by Commissioner Gray, to approve the March 13,
18 2007 Housing and Redevelopment Authority Agenda as presented.
19
20 Motion carried unanimously.
21
22 II. CONSENT AGENDA.
23
24 These items are considered routine and will be enacted by one motion. There will be no separate
25 discussion of these items unless a Commissioner or citizen so requests, in which event the item
26 the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
27
28 A. Approve the January 23, 2007 H.R.A. Minutes.
29 B. Claims
30
31 Motion by Commissioner Thuesen, seconded by Commissioner Stille to approve the Consent
32 Agenda.
33
34 Motion carried unanimously.
35
36 IH. PUBLIC HEARINGS.
37 None
38
39 IV. GENERAL POLICY BUSINESS OF THE H.R.A.
40 A. Resolution 07-005; Relating to Tax Increment Revenue Bonds (Silver Lake Village Phase
41 IA Housing), Series 2007; Authorizing the Issuance and Sale thereof.
42
43 Motion by Commissioner Gray, seconded by Commissioner Horst, to approve Resolution 07-
44 005; Relating to Tax Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series
45 2007; Authorizing the Issuance and Sale thereof.
46
47 Motion carried unanimously.
48
1
2
3
4
5
6
7
8
9
10
11
12
13
14.
15
16
Housing and Redevelopment Authority Meeting Minutes
March 13, 2007
Page 2
V. STAFF REPORTS.
None
VI. H.R.A. COMMISSIONER COMMENTS.
None
VII. INFORMATION AND ANNOUNCEMENTS.
None
VIII. ADJOURNMENT.
Chair Faust adjourned the meeting at 9:45 p.m.
Respectfully submitted,
Dianna Wise
TimeSaver Off Site Secretarial, Inc.
6
3
ACS FINANCIAL SYSTEM
04/03/2007 08:
BANK VENDOR
FIRS BREMER BANK NA
ST. ANTHONY VILLAGE
Check Register GL540R-V06.74 PAGE 1
CHECK# DATE AMOUNT
009330
APACHE
PARK LLC
3014
04/11/07
2,184.58
000820
DORSEY
& WHITNEY
3015
04/11/07
1,821.76
008698
EHLERS
& ASSOCIATES, INC
3016
04/11/07
8,320.00
009118
FANNIE
MAE
3017
04/11/07
59,547.33
009264
TAUTGES
REDPATH, LTD.
3018
04/11/07
1,339.95
008273
WSB & ASSOCIATES,
INC.
3019
04/11/07
8,282.75
BREMER
BANK NA
81,496.37
***
0
C ))) [DORSEY
DORSFY & WHITNEY LLE'
MEMORANDUM
TO: Michael Mornson, City Manager
CC: Stacie Kvilvang, Ehlers & Associates, Inc
FROM: Jerome P. Gilligan
DATE: March 30, 2007
RE: Approval of Bond Resolution for Tax Increment Revenue Bonds
(Silver Lake Village Phase IA Housing), Series 2007
On March 13, 2007, the City Council and the Board of Commissioners of the HRA
approved the issuance and sale by the HRA of its Tax Increment Revenue Bonds (Silver Lake
Village Phase IA Housing), Series 2007 (the "Series 2007 Bonds"). The proceeds of the Series
2007 Bonds are to be used to finance certain costs with respect to the Phase IA For Sale
Housing component of the Silver Lake Village development.
The current schedule provides for Dougherty & Company LLC, the underwriter for the
Series 2007 Bonds, to sell the Series 2007 Bonds on April 10, 2007, and for the HRA to adopt
the attached bond resolution for the Bonds at its meeting on April 10th. The results of the sale of
the Series 2007 Bonds will be presented to the HRA at its meeting on April 10th. Stacie
Kvilvang from Ehlers & Associates will be in attendance at the meeting to present the results of
sale and to answer any questions.
00RS; 1Y 4 VA Ii 1 PIPY ILP
5
CERTIFICATION OF MINUTES RELA`T'ING TO
TAX INCREMENT REVENUE BONDS
(SILVER LAKE VILLAGE PHASE IA HOUSING)
SERIES 2007
Authority: Housing and Redevelopment Authority of the City of St. Anthony
Governing body: Board of Commissioners
Kind, date, time and place of meeting: A regular meeting held on April 10, 2007, at 7:00 o'clock
p.m., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents attached:
Minutes of said meeting including (pages): 1 through 24
RESOLUTION NO. 07-006
RESOLUTION RELATING TO TAX INCREMENT REVENUE
BONDS (SILVER LAKE VILLAGE PHASE IA HOUSING)
SERIES 2007; FIXING THE FORM AND DETAILS AND PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND
SECURITY THEREFOR
I, the undersigned, being the duly qualified and acting recording officer of the
public corporation issuing the obligations referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully compared with the original
records of the corporation in my legal custody, from which they have been transcribed; that the
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of the corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at the meeting, insofar as they relate
to the obligations; and that the meeting was duly held by the governing body at the time and
place and was attended throughout by the members indicated above, pursuant to call and notice
given as required by law.
WITNESS my hand officially as such recording officer this 10°i day of
April, 2007.
Executive Director
RESOLUTION NO. 07-006
RESOLUTION RELATING TO TAX INCREMENT REVENUE
BONDS (SILVER LAKE VILLAGE PHASE IA HOUSING)
SERIES 2007; FIXING THE FORM AND DETAILS AND PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND
SECURITY THEREFOR
BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment
Authority of the City of St. Anthony (the "Authority"), as follows:
Section 1. Recitals, Authorization and Sale of Bonds.
1.01. Authorization and Outstanding Bonds. The City of St. Anthony, Minnesota, a
municipal corporation organized and existing under the laws of the State of Minnesota (the
"City") and the Authority have established Tax Increment Financing District No. 3-5 (the "TIF
District") pursuant to authority granted by Minnesota Statutes, Sections 469.174 to 469.179, as
amended (the "Tax Increment Act'), within the Redevelopment Project Area No. 3 of the
Authority (the "Redevelopment Project'), and have approved a tax increment financing plan for
the purpose of financing certain improvements within the TIF District. In order to provide for
the redevelopment of the Redevelopment Project and the TIF District, including, but not limited
to, the redevelopment of the portion of the Redevelopment Project and TIF District located west
of Silver Lake Road in the vicinity of the intersection of Silver Lake Road and 39°i Avenue N.E.
(the "Phase IA For Sale Housing Property"), the Authority and the City entered into a
Redevelopment Agreement, dated December 19, 2003, as amended (the "Contract'), between the
City, the Authority and Apache Development, LLC, the portion of which with respect to the
redevelopment of the Phase IA For Sale Housing Property has been assigned to Silver Lake
Homes I, LLC (the "Redeveloper"). Pursuant to Section 469.178 of the Tax Increment Act, the
Authority is authorized to issue and sell its bonds or notes for the purpose of financing public
development costs in a redevelopment projects and to pledge tax increment revenues derived
from a tax increment financing district established within the Redevelopment Project to the
payment of the principal of and interest on such obligations. Pursuant to the terms of the
Contract, the Authority issued to the Redeveloper its Limited Revenue Taxable Tax Increment
Revenue Note, dated October 19, 2004 (the "Series 2004 Note"), in the principal amount of
$2,931,681, payable solely from tax increment revenues generated from the Phase IA For Sale
Housing Property. Pursuant to the terms of the Contract, the Agency agreed to refund the Series
2004 Note with tax-exempt tax increment revenue bonds when the conditions set forth in the
Contract for the issuance of such revenue bonds have been satisfied. Such conditions have been
satisfied for the Series 2004 Note. To finance certain costs with respect to the housing
component of the Redevelopment Project, the City obtained a credit facility from Fannie Mae
pursuant to a Loan and Security Agreement dated August 27, 2004, between the City and Fannie
Mae (the "Fannie Mae Loan").
1.02. Approval of Bonds. Pursuant to Resolution No. 07-005 adopted March 13, 2007,
the Authority approved the issuance of its Tax Increment Revenue Bonds (Silver Lake Village
Phase IA Housing), Series 2007 (the "Bonds"), payable solely from tax increment revenues from
the Phase IA For Sale Housing Property and any other funds pledged to the payment thereof, for
the purposes of refunding the Series 2004 Note, paying a portion of the Fannie Mae Loan,
funding a debt service reserve fund for the Bonds, if determined to be necessary to market the
Bonds, and paying costs of issuance of the Bonds, and authorized the sale of the Bonds to
Dougherty & Company LLC (the "Underwriter"), pursuant to a Bond Purchase Agreement
between the Authority and the Underwriter (the "Bond Purchase Agreement"), in the form
approved by the Executive Director. Pursuant to such authorization the Authority and the
Underwriter have executed and delivered the Bond Purchase Agreement.
1.03. Performance of Requirements. The Authority is authorized by the Tax Increment
Act to issue and sell the Bonds and to secure the Bonds by the covenants and agreements
hereinafter set forth. 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 Board to establish the form and terms of the Bonds,
to provide security therefor and to issue the Bonds forthwith.
1.04. Definitions. In this Resolution the following terms have the following respective
meanings unless the context hereof clearly requires otherwise. Capitalized terms used herein
which are not defined in this Section 1.04 have the meanings given them in the Contract.
"Authority" means the Housing and Redevelopment Authority of the City of St. Anthony,
a public body, corporate and politic organized and existing under the laws of the State of
Minnesota.
"Authority Order" means a written order or certificate of the Authority executed by its
Executive Director or the designee of the Executive Director.
"Authorized Denominations" means $25,000, and integral multiples of $5,000 in excess
of $25,000.
"Available Tax Increment" means the Tax Increment derived from the Phase IA For Sale
Housing Development Property during the period preceding each Payment Date after deducting:
(i) the amount of Tax Increment, if any, which the Authority must pay to the school district, the
County and the State pursuant to Minnesota Statutes, Sections 469.177, subdivisions 9, 10, and
11; Section 469.176, subdivision 4h; and Section 469.175, subdivision la, as the same may be
amended from time to time; and (ii) administrative costs of the City or the Authority, as defined
in Minnesota Statutes, Sections 469.174, subdivision 14, in an amount not to exceed five percent
(5%) of the Tax Increment.
"Beneficial Owner" shall mean, whenever used with respect to a I3ond, 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.
"Board" means the governing body of the Authority.
"Bond Closing" means the date of issuance of and payment for the Bonds.
-2-
"Bond Counsel" means any attorney or firm designated by the Authority and naturally
recognized in the field of municipal finance.
"Bondholder" or "Holder" means a person in whose name a Bond is registered in the
Bond Register.
"Bond Register" means the register maintained as provided in Section 3.03 of this
Resolution.
"Bonds" means the Tax Increment Revenue I3onds (Silver Lake Village Phase IA
Housing), Series 2007 issued by the Authority pursuant to this Resolution.
"Bond Year" means initially the period from the date of Bond Closing to and including
January 31, 2008, and thereafter each twelve month calendar year period beginning on each
February 1 and ending on January 31, of the following year.
"Business Day" means any day other than a Saturday, Sunday, legal holiday or a day on
which banking institutions in the city where the principal corporate trust office of the Registrar is
located are authorized by law or executive order to close.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"City" means the City of St. Anthony, Minnesota, a municipal corporation organized and
existing under the laws of the State of Minnesota.
"Code" means the Internal Revenue Code of 1986, as amended.
"Contract" means the portion of the Redevelopment Agreement, dated December 19,
2003, as amended, by and among the Authority, the City and Apache Development LLC, the
portion of which has been assigned to the Redeveloper, as the same may be amended from time
to time.
"County" means Ramsey County, Minnesota.
"DTC" means The Depository Trust Company, New York, New York, and its successors
and assigns.
"Depository" means a trust company or other fiduciary acting as a depository with
respect to the Bonds.
"Earnings Account" means the account by that name established in the Revenue Fund
pursuant to Section 4 of this Resolution.
"Excess Available Tax Increment" means, as of each Principal Payment Date, the
Available Tax Increment deposited in the 'lax Increment Account of the Revenue Fund that is in
-3-
W
excess of the amount transferred to the Bond Fund and the Reserve Fund in accordance with
Section 4.4(b) and (c) of this Resolution.
"Fannie Mae Loan" means the loan obtained by the City under the Loan and Security
Agreement dated August 22, 2004, between the City and Fannie Mae.
"Fund" means any of the funds created and described in Section 4.
"Government Obligations" means bonds, notes, bills and other securities which are direct
general obligations of the United States of America.
"Housing Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
"Resolution" means this Resolution, together with any supplement or amendment hereto
entered into pursuant to the applicable provisions hereof.
"Interest Payment Date" means February 1 and August I of each year, commencing
August 1, 2007.
"Maturity" means, when used with respect to any Bond, the date on which the principal
of such Bond becomes due and payable as therein or herein provided, whether at the Stated
Maturity or by scheduled redemption or declaration of acceleration or call for redemption or
otherwise.
"Participants" means those broker-dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository.
"Payment Date" means any Interest Payment Date and any Principal Payment Date.
"Person" means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, unincorporated organization, government, or any agency or political
subdivision thereof.
"Phase IA For Sale Housing Development Property" means the portion of the TIF
District identified as such and described in EXHIBIT A to this Resolution.
"Principal Payment Date" means each February 1, commencing February 1, 2008.
"Rebate Amount" means any amount required or permitted to be paid to the United States
in order to comply with Section 148(a) of the Code.
"Rebate Fund" means the Fund by that name created and established by Section 4 of this
Resolution.
"Redemption Date" means, with respect to any Bond to be redeemed, the date on which it
is to be redeemed pursuant to this Resolution.
-4-
10
"Redemption Price" means, with respect to any Bond to be redeemed, the price (principal
amount plus accrued interest plus premium, if any) at which it is to be redeemed pursuant to this
Resolution.
"Redeveloper" means Silver Lake Homes I, LLC, a Minnesota limited liability company,
and its successors and assigns.
"Redevelopment Project" means Redevelopment Project Area No. 3 of the Authority.
"Registrar" means the bond registrar, transfer agent and paying agent for the Bonds
appointed pursuant to Section 3.04 of this Resolution, or other fiduciary acting as bond registrar,
transfer agent or paying agent for the Bonds.
"Representation Letter" means any letter of representations or agreement from the
Authority or the Registrar to DTC with respect to the Bonds, and any similar letter or other
agreement with any successor depository for the Bonds.
"Reserve Fund" means the Fund by that name, created and established pursuant to
Section 4 of this Resolution.
"Reserve Requirement" means the amount from time to time required to be held or
accumulated in the Reserve Fund, that amount being equal to $
"Revenue Fund" means the Fund by that name, created and established pursuant to
Section 4 of this Resolution.
"Series 2004 Note" means the Limited Revenue Taxable Tax Increment Revenue Note,
issued by the Authority to the Redeveloper, dated as of October 19, 2004.
"State" means the State of Minnesota.
"Stated Maturity" means, with respect to any Bond, the date specified in such Bond and
this Resolution as the fixed date on which the principal of such Bond is due.
"fax Increment" means all tax increment revenues derived by the Authority from the
Phase IA For Sale Housing Development Property included in the TIF District.
"Tax Increment Account" means the account by that name established in the Revenue
Fund pursuant to Section 4 of this Resolution.
"Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179, as
amended.
"TIF District" means Tax Increment Financing District No. 3-5 established by the
Authority.
-5-
11
"Treasury Regulations" means the income tax regulations promulgated by the United
States Department of the Treasury under the Code and applicable to the Bonds.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following
form:
UNTTED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. ANTHONY
TAX INCREMENTREVENUE, BOND
(SILVER LAKE VILLAGE PHASE IA HOUSING)
SERIES 2007
Interest Date of
Rate Maturity Original Issue CUSIP
February 1, 2007
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST.
ANTHONY, Hennepin and Ramsey Counties, Minnesota (the "Authority"), acknowledges itself
to be indebted and, for value received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified above, on the maturity date specified
above, with interest thereon from the date of original issue specified above, or from the most
recent interest payment date to which interest has been paid or duly provided for, at the annual
rate specified above. Interest hereon is payable on February 1 and August I in each year,
commencing August 1, 2007, to the person in whose name this Bond is registered at the close of
business on the 15th day (whether or not a business day) of the immediately preceding month, all
subject to the provisions referred to herein with respect to the redemption of the principal of this
Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the
principal hereof, are payable in lawful money of the United States of America by check or draft
of Bond Trust Services Corporation, in Roseville, Minnesota, as Bond Registrar, "Transfer Agent
and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution
described herein.
This Bond is one of an issue in the aggregate principal amount of $ (the
"Bonds") all of like date and tenor except as to serial number, interest rate, redemption privilege
and maturity date, issued pursuant to a resolution adopted by the governing body of the
-6-
12
Authority on April 10, 2007 (the "Resolution"), 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, Section 469.178 and Chapter 475. The Bonds are special
obligations of the Authority payable solely from Available Tax Increment (as defined in the
Resolution) and certain other funds pledged by the Resolution to the payment of the Bonds and
interest thereon. The Bonds are issuable only as fully registered bonds in denominations of
$25,000 or any multiple of $5,000 in excess thereof, of single maturities.
The Bonds are issued by the Authority to aid in financing a project under Minnesota
Statutes, Section 469.174 through 469.179, as amended . The Bonds do not constitute a general
or moral obligation of the State of Minnesota or its political subdivisions, including the
Authority or the City of St. Anthony, Minnesota. The Bonds, including interest thereon, are
payable solely from the revenues and assets expressly pledged to the payment thereof. The
Bonds sliall not constitute a debt of the Authority within the meaning of any constitutional or
statutory limitation of indebtedness.
THE AUTHORITY MAKES NO REPRESENTATION OR WARRANTY THAT THE
AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL
OF AND INTEREST ON THIS BOND.
The Bonds may be redeemed at the option of the Authority on or after August 1, ,
on any date for which timely notice of redemption can be given, from any source, including
proceeds of refunding bonds, at a redemption price equal to the principal amount of the Bonds so
redeemed plus interest accrued thereon to the Redemption Date.
The Bonds are required to be redeemed on any April I at par, solely from Available Tax
Increment in excess of amounts (i) applied to the payment of principal of and interest due on the
preceding August 1 and February 1, and (ii) required to be deposited in the Reserve Fund
established by the Resolution on such date.
The Bonds are subject to scheduled mandatory redemption on the dates set forth
immediately below in the principal amounts set forth immediately below, at a redemption price
equal to the principal amount thereof plus accrued interest to the date fixed for redemption,
without premium, subject to pro rata reduction of the scheduled mandatory redemption payments
to the extent that the Bonds are redeemed prior to maturity otherwise than pursuant to such
scheduled mandatory redemption:
Term Bonds Due February 1, 20
February I Principal February 1 Principal
of Year Amount of Year Amount
-7-
February 1
of Year
February
of Year
13
Term Bonds Due February 1, 20
Principal
Amount
February I
of Year
Term Bonds Due February 20
Principal February 1
Amount of Year
Principal
Amount
Principal
Amount
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 Authority 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.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the Authority 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
Authority 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 Authority 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 Authority nor the Bond
Registrar shall be affected by any notice to the contrary.
in
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 special obligation of the Authority 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 Authority has pledged and appropriated to a
sinking fund established for the payment of the Bonds the Available Tax Increments; and that the
issuance of this Bond does not cause the indebtedness of the Authority 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 one of the authorized
representatives of the Bond Registrar.
IN WITNESS WHEREOF, the Housing and Redevelopment Authority of the City of St.
Anthony, Hennepin and Ramsey Counties, Minnesota, by its Board of Commissioners, has
caused this Bond to be executed by the facsimile signatures of the Chair and the Executive
Director and has caused this Bond to be dated as of the date set forth below.
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF ST.
ANTHONY
Executive Director
CERTIFICATE OF AUTHENTICATION
Chair
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
BOND TRUSTSERVICES CORPORATION,
Roseville, Minnesota, as Bond Registrar
By
-9-
Authorized Representative
14
15
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
UNtr TRANS MIN ACT....... Custodian....... .
(Gust) (Minor)
under Uniform Transfers to Minors
Act......................
(State)
Additional abbreviations may also be used.
-lo-
16
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.
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. Bond Terms, Execution and Delivery.
3.0L. Maturities, Interest Rates, Denominations, Payment Dating of Bonds. The
Authority shall forthwith issue and deliver the Bonds, which shall be denominated "Tax
Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series 2007 ." The Bonds
shall be dated as of the date of original issuance thereof, shall be issuable in the denominations of
$25,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set
forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue
-11-
17
until paid or duty called for redemption at the rates per annum set forth opposite such years and
amounts as follows:
Year Amount Rate Year Amount 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 1 in each year, commencing Augustl, 2007, to the owners thereof as such appear of
record in the bond register as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day. Interest on the Bonds will be
computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded
pursuant to the rules of the Municipal Securities Rulemaking Board.
3.03. Registration. The Authority 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 Authority and the Registrar with respect thereto shall be as follows:
(a) Re ig ster. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Bonds of a like aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount, interest rate and maturity, as requested by the
registered owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
Authority.
-12-
Ulm
(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 Authority 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 Authority 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 Authority 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 Authority. 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.
3.04. Appointment of Initial Registrar. The Authority hereby appoints Bond Trust
Services Corporation in Roseville, Minnesota, as the initial Registrar. The Chair and Executive
Director are authorized to execute and deliver, on behalf of the Authority, a contract with Bond
Trust Services Corporation, as Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company authorized by law to
conduct such business, such corporation shall be authorized to act as successor Registrar. The
Authority agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The Authority reserves the right to remove any Registrar upon thirty (30) days'
-13-
19
notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor Registrar.
3.05. Redemption.
(a) The Bonds may be redeemed at the option of the Authority on or after 1,
on any date for which timely notice of redemption can be given, from any source,
including proceeds of refunding bonds, at a Redemption Price equal to the principal amount of
the Bonds so redeemed plus interest accrued thereon to the Redemption Date. Optional
redemption of the Bonds may be conditioned on sufficient funds being deposited in the Bond
Fund if this condition is stated in the notice of redemption. In case of any such optional
redemption of Bonds the Authority shall notify the Registrar pursuant to an Authority Order, at
least forty-five (45) days prior to the Redemption Date fixed by the Authority (unless a shorter
notice shall be satisfactory to the Registrar), of such Redemption Date and of the principal
amount of Bonds to be redeemed.
(b) The Bonds are required to be redeemed on any April 1 payment date at a Redemption
Price equal to the principal amount of the Bonds so redeemed, solely from Available Tax
Increment in excess of amounts (i) applied to the payment of principal of and interest due on the
preceding August 1 and February 1, and (ii) required to be deposited in the Debt Service Reserve
Fund on such date.
(c) The Bonds are subject to scheduled mandatory redemption on the dates set forth
immediately below in the principal amounts set forth immediately below, at a Redemption Price
equal to the principal amount thereof plus accrued interest to the date fixed for redemption,
without premium, subject to pro rata reduction of the scheduled mandatory redemption payments
to the extent that the Bonds are redeemed prior to maturity otherwise than pursuant to such
scheduled mandatory redemption:
Term Bonds Due February 1 20
February 1 Principal February 1 Principal
of Year Amount of Year Amount
14-
20
Term Bonds Due February 1 20
February 1 Principal February 1 Principal
of Year Amount of Year Amount
Term Bonds Due February 1 20
February I Principal February 1 Principal
of Year Amount of Year Amount
(d) The Registrar shall promptly notify the Authority, in writing, of the Bonds selected
for redemption and, in the case of any Bond selected for partial redemption, the principal amount
thereof to be redeemed, provided that any Bonds outstanding after a partial redemption shall be
in Authorized Denominations.
(e) If less than all of the Bonds are to be redeemed other than in accordance with the
scheduled mandatory redemption provisions, the Bonds so to be redeemed shall be selected by
maturity and the scheduled mandatory redemption requirements for each maturity described
above shall be adjusted so that the resulting decrease in debt service on the Bonds (including
scheduled mandatory redemption payments) during each six-month period commencing on each
Interest Payment Date is proportional, as nearly as practicable.
(f) Notice of redemption shall be given by first-class mail, postage pre -paid, mailed not
less than thirty (30) prior to the Redemption Date, to each Holder of Bonds to be redeemed at the
address of such Holder appearing in the Bond Register. Neither failure to give notice by mail to
any Holder, nor any defect in any notice so mailed, shall affect the validity of the proceedings for
redemption of the Bonds held by any Holder to which proper notice by mail has been given. If
notice by publication shall be required by law, the Registrar shall cause such publication to be
made in the form, at the time or times and as otherwise provided by law, provided that notice
shall also be mailed as aforesaid to each Holder of Bonds to be redeemed as provided above.
All notices of redemption shall state: (i) the Redemption Date; (ii) the Redemption Price;
(iii) the principal amount of Bonds to be redeemed, the identification (and, in the case of partial
redemption, the respective principal amounts) of the Bonds to be redeemed, specifying the
CUSIP numbers of the Bonds to be redeemed and their registration number and Stated Maturity;
(iv) that on the Redemption Date, the Redemption Price will become due and payable upon each
such Bond, and that interest thereon shall cease to accrue from and after such date, provided that
15
21
if redemption is conditioned on funds being deposited in the Bond Fund in an amount sufficient
to effect such redemption, this condition shall be stated in the notice and if sufficient funds are
not so deposited in the Bond Fund, the Bonds to be redeemed shall not be due and payable on the
Redemption Date and interest shall continue to accrue thereon; and (v) the place or places where
such Bonds are to be surrendered for payment of the Redemption Price.
(g) Notice of redemption having been given as aforesaid, the Bonds to be redeemed
shall, on the Redemption Date, become due and payable at the Redemption Price therein
specified and from and after such date such Bonds shall cease to bear interest, except as
otherwise provided herein in the case of a conditional redemption when insufficient funds are
deposited in the Bond Fund to effect such redemption. Subject to the foregoing provision, upon
surrender of any such Bond for redemption in accordance with such notice, such Bond shall be
paid at the Redemption Price.
(h) If any Bond called for redemption shall not be so paid upon surrender thereof for
redemption, the principal (and premium, if any) shall, until paid, bear interest from the
Redemption Date (and, if lawful, interest on overdue installments of principal, premium, if any,
and interest) at the rate home by said Bond.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the
Executive Director and shall be executed on behalf of the Authority by the signatures of the
Chair and the Executive Director; 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 Executive Director 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) 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 Authority 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
-16-
22
whatsoever; and neither the Registrar nor the Authority shall be affected by any notice to the
contrary. Neither the Registrar nor the Authority 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 Authority's obligations with respect to the principal of and interest on the Bonds to
the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated
Bond for each separate stated maturity evidencing the obligation of the Authority 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.
(b) In the event the Authority 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 Authority 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 (c) hereof. DTC may determine to discontinue providing its
services with respect to the Bonds at any time by giving notice to the Authority 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.
(c) In the event that any transfer or exchange of Bonds is permitted under paragraph (a)
or (b) 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. Pledge of Available Tax Increment and Covenants of Authority. The Authority
hereby irrevocably pledges the Available Tax Increment to the payment of the Bonds.
-17-
23
THE ISSUER MAKES NO REPRESENTATION OR WARRANTY THAT THE
AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF
AND INTEREST ON ThIE BONDS.. For the protection of the Holders of the Bonds, the Authority
herein covenants and agrees to and with the Holders thereof from time to time as provided in this Section:
(a) The Authority shall not act or omit to act in any way that would reduce Available
Tax Increment, or deprive the Authority of the right to receive Available Tax Increment or use
Available Tax Increment as provided in this Resolution except to the extent required by law.
(b) The Authority shall not pledge or encumber Available Tax Increment in any
manner that would create a pledge, lien or encumbrance against the Available Tax Increment
superior to, or on a parity with, the pledge of Available Tax Increment provided for in this
Resolution. This covenant shall not be construed to preclude an expressly subordinate pledge of
Available Tax Increment.
(c) The Authority shall cause Ramsey County to remit all tax increment revenues
from the TIF District to the Authority promptly, and the Authority shall promptly determine the
amount thereof that constitutes Tax Increment and Available Tax Increment and shall promptly
deposit in the Tax Increment Account of the Revenue Fund in accordance with the terms of this
Resolution.
(d) In the event that at any time following the issuance of the Bonds: (i) either the
Tax Increment Act is amended in such a manner as to reduce Available Tax Increment revenues
or Available Tax Increment revenues is reduced as a result of changes in the law regarding the
levying of real property taxes; and (ii) in lieu of such reduced Available Tax Increment revenues
the Issuer is authorized to receive and receives additional revenues in any form in substitution for
the lost Available "Tax Increment revenues, which additional revenues the Authority is authorized
to spend for the same purposes and under the same conditions that apply to Available Tax
Increment revenues, then the share of such additional revenues attributable to the reduced
Available Tax Increment revenues shall be deemed to be Available Tax Increment for purposes
of this Resolution and paid or remitted as Available Tax Increment as provided in this
Resolution, and the Resolution will use reasonable efforts to access any funds that might be
available through the State for the payment of the Bonds under such circumstances.
(e) The Authority will not change the method of computation of Tax Increment
pursuant to Minnesota Statutes, Section 469.177, subdivision 3(c), in such a way that the amount
of Tax Increment Revenues (or pledged funds in lieu of Tax Increment revenues) available to
pay the Bonds will be reduced.
4.02. Establishment of Funds. The Authority hereby establishes on its books and records
and creates the following funds and accounts:
(a) a Cost of Issuance Fund;
(b) a Revenue Fund (and in the Revenue Fund a Tax Increment Account and an Earnings
Account);
(c) a Bond Fund;
(d) a Reserve Fund; and
(e) a Rebate Fund.
W1!
4.03. Application of Proceeds and Other Funds. On the Bond Closing, the Authority
shall deposit all of the proceeds of the Bonds as follows:
(a) $ to the Cost of Issuance Fund;
(b) $ to the Reserve Fund; and
(c) $ to the Redeveloper or such other person specified by the Redeveloper to
pay the Series 2004 Note in full on the Bond Closing Date; and
(d) $ to Fannie Mae to pay a portion of the Fannie Mae Loan.
4.04 Cost of Issuance Fund. The Authority shall deposit in the Cost of Issuance Fund
the amounts referred to in Section 4.03(a). The Authority shall use money on deposit to the
credit of the Cost of Issuance Fund, on the Bond Closing or as soon thereafter as practicable, to
pay the costs of issuance. Amounts remaining on deposit in the Cost of Issuance Fund thirty (30)
days after the Bond Closing shall be transferred to the Earnings Account of the Revenue Fund.
Upon such final disbursement, the Authority shall close the Cost of Issuance Fund.
4.05 Revenue Fund.
(a) The Authority shall deposit all Available Tax Increment received in the Tax
Increment Account of the Revenue Fund and shall deposit all earnings on all amounts held by the
Authority from time to time in all Funds (less the Rebate Amount, if any) into the Earnings
Account of the Revenue Fund. There shall also be deposited into the Earnings Account of the
Revenue Fund the amounts required by the terms of Section 4.04 and Section 4.08 of this
Resolution to be transferred to the Earnings Account of the Revenue Fund.
(b) The Authority shall, at least five (5) days before any Payment Date, (i) disburse any
fees due and owing to the Registrar to the Registrar, first from the Earnings Account and then
from the Tax Increment Account, and (ii) transfer from the Revenue Fund to the Bond Fund (to
the extent available) such amount which is sufficient for payment of all accrued interest or
principal payable on the Bonds on the next Payment Date, first from the Earnings Account and
then from the Tax Increment Account.
(c) If the amount in the Reserve Fund is less than the Reserve Requirement, the
Authority shall, on each Payment Date, after making the transfers provided for in subsection (b),
above, transfer from the Revenue Fund to the Reserve Fund, until such time as the amount on
deposit in the Reserve Fund after such transfer is equal to the Reserve Requirement. Such
transfer to the Reserve Fund shall be made first from the Earnings Account and then from the
Tax Increment Account.
-19-
25
(d) On each Principal Payment Date, after the transfers of Available Tax Increment in
accordance with the terms of subsections (b) and (c) of this Section 4.05, if there will be Excess
Available Tax Increment in the Tax Increment Account then such Excess Available Tax
Increment shall be applied to redeem Bonds under Section 3.05(b).
4.06 Bond Fund.
(a) The Authority shall deposit in the Bond Fund (i) amounts transferred from the
Revenue Fund pursuant to Section 4.05(b) and (ii) amounts transferred from the Reserve Fund
pursuant to Section 4.07.
(b) The Authority shall use amounts on deposit in the Bond Fund to pay principal and
interest on the Bonds when due, including the Redemption Price due on any Redemption Date
and, to the extent lawful, any interest accrued on overdue installments of interest.
(c) The Authority shall transfer any amount remaining in the Bond Fund on the Business
Day following each Payment Date to the Earnings Account of the Revenue Fund.
4.07. Reserve Fund.
(a) The Authority shall deposit in the Reserve Fund the amounts referred to in Section
4.03(b). The Authority shall deposit in the Reserve Fund the amounts transferred from the
Revenue Fund pursuant to Section 4.05(c).
(b) The Authority shall transfer from the Reserve Fund to the Bond Fund on the day
preceding any Payment Date, such amount which, together with amounts already on deposit in
the Bond Fund (after amounts (if any) have been transferred from the Revenue Fund pursuant to
Section 4.05(b)), is required for the payment from the Bond Fund of interest and principal due on
the next Interest Payment Date.
(c) The Authority shall transfer any amount in excess of the Reserve Requirement held
in the Reserve Fund on the day after a Payment Date (i) to the Rebate Fund, to the extent such
amount consists of any Rebate Amount and (ii) to the Earnings Account of the Revenue Fund
any other amounts.
4.08 Rebate Fund.
(a) The Authority shall establish and maintain a fund separate from any other fund
established and maintained hereunder, designated as the Rebate Fund. The Authority shall
deposit in the Rebate Fund any Rebate Amount earned on the Funds described in, and pursuant
to the provisions of, this Section 4. Subject to the transfer provisions provided, all money at any
time deposited in the Rebate Fund shall be held by the Authority in trust, to the extent required to
satisfy the obligation of the Authority to rebate arbitrage profits to the United States of America.
Neither the Authority nor the Holder of any Bonds shall have rights in or claim to such money.
All amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section.
(b) The Authority shall transfer from the Funds the Rebate Amounts to the Rebate Fund.
-20-
26
(c) The Authority shall retain in the Rebate Fund all earnings on investments of amounts
held in the Rebate Fund (calculated by taking into account net gains or losses on sales or
exchanges and taking into account amortized discount or premium as a gain or loss,
respectively). Money shall not be transferred from the Rebate Fund except as provided in
paragraph (d) below.
(d) The Authority shall remit part or all of the balances in the Rebate Fund to the United
States, as required by Section 148(a) of the Code at the written direction of the firm engaged by
the Authority to provide rebate services. If on the first day of any Bond Year the amount
credited to the Rebate Fund exceeds the Rebate Requirement, if the Authority shall transfer such
excess to the Earnings Account of the Revenue Fund. Any funds remaining in the Rebate Fund
after redemption and payment of all of the Bonds, and receipt of evidence from the firm engaged
by the Authority to perform rebate services that any Rebate Requirement has been paid, and
satisfied, shall be withdrawn and remitted to the Authority.
(c) Notwithstanding any other provision of this Resolution, the obligation to remit the
Rebate Amounts to the United States and to comply with all other requirements of this Section
shall survive the defeasance or payment in full of the Bonds.
(f) Notwithstanding any provision of this Section, if the Authority shall provide to the
Authority an opinion of Bond Counsel to the effect that any action required under this Section is
no longer required, or to the effect that some further action is required, to maintain the exclusion
from gross income of the interest with respect to the Bonds pursuant to Section 103 of the Code,
the Authority may rely conclusively on such opinion in complying with the provisions hereof.
4.09 Priority of Payments to Cure Deficiency. in Bond Fund. Notwithstanding any
provisions in this Resolution to the contrary, if at any time sums in the Bond Fund are
insufficient to pay the principal of or interest on Bonds due and unpaid or payable within two (2)
days, such deficiency shall be cured first from amounts on deposit in the Revenue Fund and from
amounts on deposit in the Reserve Fund.
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
Authority 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 Authority 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 Authority 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.
-21-
27
Section 6. County. Auditors Registration, Certification of Proceedings Investment of
Money, Arbitrage, Official Statement and Fees.
6.01. County Auditor Registration. The Executive Director 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 Auditor shall require, and
to obtain from said County Auditor a certificate that the Bonds have been entered on his bond
register as required by law.
6.02. Certification of Proceedings. The officers of the Authority and the County
Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and
furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the Authority, certified
copies of all proceedings and records of the Authority, 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 Authority as to the facts recited
therein.
6.03. Covenant. The Authority 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 I3onds to become subject to taxation under the
Code and the Treasury Regulations, 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 Authority will not enter into any lease, use agreement or other contract
respecting the project financed by the Bonds or security for the payment of the Bonds which
would cause the Bonds to be considered "private activity bonds" or "private loan bonds"
pursuant to Section 141 of the Code.
6.04. Arbitrage Rebate. The Authority shall take such actions as are required to comply
with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
6.05. Arbitrage Certification. The Chair and the Executive Director, being the officers of
the Authority charged with the responsibility for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the Purchaser a certification in accordance
with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations.
6.06. Interest Disallowance. The Authority 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 Authority 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.
_22_
Section 7. Authorization of Payment of Certain Costs of Issuance of the Bonds. The
Authority authorizes the Underwriter 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 Authority's financial advisor, Ehlers &
Associates, Inc.
Section 8. Amendments. The Authority reserves the right to amend the provisions of
this Resolution, on the following conditions:
8.01. Amendments Without Consent of Bondholders. The Authority reserves the right to
amend this Resolution from time to time and at any time for the purpose of (a) clarifying any
ambiguity, curing, correcting or supplementing any defective provision, (b) making such
provisions with regard to matters or questions arising hereunder as the Board may deem
necessary or desirable and are not inconsistent with this Resolution, and which shall not, in the
judgment of the Board, adversely affect the interest of the owners of the Bonds, (c) adding to the
covenants and agreements herein contained, or to the revenues herein pledged, other covenants
and agreements thereafter to be observed and additional revenues thereafter appropriated to the
Revenue Fund, and (d) surrendering any right or power herein reserved to or conferred upon the
Authority. Any such amendment may be adopted by resolution, without the consent of the
owners of any of the Bonds.
8.02. Amendments With Consent of Bondholders. With the consent of owners of Bonds
as provided in Section 8.03, the Authority may from time to time and at any time amend this
Resolution by adding any provisions hereto or changing in any manner or eliminating any of the
provisions hereof, or of any amending resolution except that no amendment shall be adopted at
any time without the consent of the owners of all Bonds affected thereby which are then
outstanding if it would (a) extend the maturities of any such Bonds, (b) reduce the rate or extend
the time of payment of interest thereon, (c) reduce the amount or extend the time of payment of
the principal or redemption premium thereof, (d) give to any Bond or Bonds any privileges over
any other Bond or Bonds, (e) reduce the revenues pledged to the Revenue Fund, (t) authorize the
creation of a pledge of said revenues prior to or on a parity with the Bonds or (g) reduce the
percentage in principal amount of such Bonds required to authorize or consent to any such
amendment.
8.03. Consents. Any amendment adopted pursuant to Section 8.02 shall be made by
resolution, mailed to the registered owners of all outstanding Bonds (other than any Bonds
discharged in accordance with Section 5 hereof), and shall become effective only upon the filing
of written consents with the Executive Director, signed by the owners of not less than a majority
in principal amount of the Bonds which are then outstanding (other than any Bonds discharged in
accordance with Section 5 hereof) or, in the cause of an amendment not affecting all outstanding
Bonds, by the owners of not less than a majority in principal amount of the Bonds affected by
such amendment (other than any Bonds discharged in accordance with Section 5 hereof). Any
written consent to an amendment may be embodied in and evidenced by one or any number of
concurrent written instruments of substantially similar tenor signed by bondholders in person or
by an agent duly appointed in writing, and shall become effective when delivered to the
Executive Director. Any consent by the owner of any Bond shall bind him and every future
-23-
owner of the same bond with respect to any amendment adopted by the Authority pursuant to
such consent, provided that any bondholders may revoke his consent with reference to any bond
by written notice received by the Executive Director before the amendment has become
effective. In the event that unrevoked consents of the owners of the required amount of Bonds
have not been received by the Executive Director within one year after the mailing of any
amendment, the amendment and all consents theretofore received shall be of no further notice
and effect.
8.04. Proof of Consent. Proof of the execution of any consent, or of a writing appointing
any agent to execute the same, or of the ownership by any person of Bonds, shall be sufficient
for any purpose of this resolution and shall be conclusive in favor of the Authority if made in the
manner provided in this Section 8.04. The fact and date of the execution by any person of any
such consent or appointment may be proved by the affidavit of a witness of such execution or by
the certificate of any notary public or other officer authorized by law to take acknowledgments
of deeds, certifying that the person signing it acknowledged to him the execution thereof. The
amount of Bonds held by any person by or for whom a consent is given, and the distinguishing
numbers of such Bonds, and the date of his holding the same, shall be proved by the Bond
Register.
Adopted April 10, 2007.
Executive Director
-24-
Chair
29
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY
1, the undersigned, being the duly qualified and acting County Auditor of
Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified
copy of a Resolution of the Board of Commissioners of the Housing and Redevelopment
Authority of St. Anthony, in said County, adopted April 10, 2007, awarding the sate, fixing the
form and details and providing for the execution, delivery and security of $ Tax
Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series 2007, of the
Authority to be dated, as of the date of original issuance.
I further certify that said Bonds have been entered on my bond register as required
by Minnesota Statutes, Sections 475.62.
WITNESS my hand and official seal this day of 2007.
Hennepin County Auditor
(SEAL)
30
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY
I, the undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
Resolution of the Board of Commissioners of the Housing and Redevelopment Authority of St.
Anthony, in said County, adopted April 10, 2007, awarding the sale, fixing the form and details
and providing for the execution, delivery and security of $ Tax Increment Revenue
Bonds (Silver Lake Village Phase IA Housing), Series 2007, of the Authority to be dated, as of
the date of original issuance.
I further certify that said Bonds have been entered on my bond register as required
by Minnesota Statutes, Sections 475.62.
WITNESS my hand and official seal this day of 2007.
Ramsey County Auditor
(SEAL)
31