HomeMy WebLinkAboutCC PACKET 04142009H.R.A. Meeting immediately
following regular meeting
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
April 14, 2009
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
ConsidetationDiscussion and Possible Action on All of the following items
I. Approval of the April 14, 2009, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considerrd routine and will be enackd by one motion. There wi11 be no separate diseusston of these items unless a Coxncilmembrr or alien so requests, in which eaertt ix item
will be remomd from the Consent Agenda and placed e4swherr on the agenda.
A. Approval of March 24, 2009, Council Meeting Minutes. (pp. 1 — 8)
B. Licenses and Permits. (pp. 9 —10)
C. Claims. (pp. 11 --13)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Presentation by Jerry Hromtka, Northwest Youth and Family Services.
B. Resolution 09-036; Relating to $5,425,000 General Obligation Bonds, Series 2009A; Awarding the 'Sale,
Fixing the Form ad Details and Providing for the Execution and Delivery Thereof and Security Therefor and
Levying Ad Valorem Taxes for the Payment Thereof. Stacie Kvilvang, Ehlers & Associates, presenting. (pp.
14-42)
C. Quarterly Goals Update. Mike Mornson, City Manager. (pp. 43 — 45)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Cortnal aboul any item na included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at The
podium, stale their name and address for t1x Clerk's record, and limit their remarks io five minutes Generally, the Gly Coundl will not take fdal action on items discussed at this time,
but may typically refer the mailer to slafj fora future report or direct the mailer to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 24, 2009
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Roth, Stille, and Thuesen
Absent: None
Also Present: City Manager Mike Morrison, Police Chief John Ohl, Public Works Director Jay
Hartman, and Todd Hubmer of WSB & Associates.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF MARCH 24, 2009 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the City
Council Meeting Agenda of March 24, 2009.
Motion carried unanimously.
IL PROCLAMATIONS AND RECOGNITIONS.
A. Graduation of Mrs. Wyatt's and Mrs. Gordon's Junior Achievement Class. Mike
Mornson, City Manager presenting
City Manager Morrison stated he is pleased to announce the 2009 junior achievement graduation
class of Mrs. Wyatt's second grade class and Mrs. Gordon's second grade class. City Manager
Mornson discussed the five issues addressed in the Junior Achievement class and announced the
Junior Achievement award recipients.
Mayor Faust stated the importance of providing young children with an opportunity to view a
city council meeting, teaching them civility and acknowledging accomplishments in a civil and
thoughtful manner. He stated he was very impressed by the thoughtfulness of the children when
they looked at the choices for filling a vacant business during the course activities. He thanked
Mrs. Gordon and Mrs. Wyatt for the participation in the Junior Achievement Class.
B. Recognition of Police Officer Dokken, Police Officer Huddle and Sergeant Mangseth.
Police Chief John Ohl presenting.
11
City Council Regular Meeting Minutes
March 24, 2009
Page 2
1 Police Chief Ohl recognized Police Officer Mark Dokken, Police Officer Michael Huddle and
2 Sergeant Jon Mangseth for their involvement in the East Metro Swat action that occurred on
3 December 18, 2008.
4
5 Police Officer Huddle explained that anything with an assessment over 35 requires mandatory
6 swat action; the risk level on the December 18, 2008 East Metro Swat warrant was 175. He
7 provided a synopsis of the East Metro Swat action of December 18, 2008.
9 Police Chief Ohl presented Sergeant Mangseth with the St. Anthony Police Department
10 Commendation Award, Police Officer Dokken with the St. Anthony Department Medal of
11 Honor, and Police Officer Huddle with the St. Anthony Department Medal of Honor. He stated
12 these officers are good community members, good husbands and good fathers, and he thanked
13 the families for their support.
14
15 Mayor Faust stated they are truly in the presence of heroes that walk the walk and live the talk.
16 These individuals earned these awards by their dedication; they were brave, heroic, and selfless.
17 They are the people that make the country, state and city worth living in. He thanked the officers
18 and families on behalf of the City Council and the community.
19
20 C. Proclamation of George Wagner Day.
21
22 Mayor Faust recited the proclamation proclaiming March 26, 2009 as George Wagner Day in the
23 City of St. Anthony Village.
24
25 Motion by Mayor Faust, seconded by Councilmember Gray, to approve the Proclamation
26 Proclaiming March 26, 2009 as George Wagner Day in the City of St. Anthony Village.
27
28 Motion carried unanimously.
29
30 III. CONSENT AGENDA.
31
32 A. Consider March 10 2009 Council meeting minutes.
33 B. Consider licenses and permits.
34 C. Consider payment of claims.
35 D. Resolution 09-034 Accept Resignation of Kim Goodwin from the Planning Commission.
36 E. Resolution 09-035 Approve an Appointment of Paul Cincoski to the Planning
37 Commission.
38
39 Motion by Councilmember Thuesen, seconded by Councilmember Roth, to approve the Consent
40 Agenda items.
41
42 Motion carried unanimously.
43
44 IV. PUBLIC HEARING.
45
46 None.
City Council Regular Meeting Minutes
March 24, 2009
Page 3
V. REPORTS FROM COMMISSION AND STAFF.
4 A. Resolution 09-028 Administrative Lot Split 3055 Old Highway 8. Jan Jenson Planning
5 Commissioner presenting (Tabled from February 24 2009 meeting).
6
7 Planning Commission Member Jan Jenson provided the report from the Planning Commission on
8 the request for an administrative lot split at 3055 Old Highway 8. The applicant is proposing to
9 split this property into two parcels in order to facilitate the future and eventual redevelopment of
10 the parcel currently comprising the parking lot. Planning Commission Member Jenson stated the
11 initial public hearing was held on January 20, 2009. The City Attorney reviewed the proposed
12 preliminary plat and advised staff that he would not recommend approval for this plat as
13 configured and proposed. When staff advised Mr. Lutz, General Counsel of the Wirth
14 Companies, of the situation, Mr. Lutz requested that the Planning Commission table the public
15 hearing until February 17, 2009. Mr. Lutz was asked to present a parking analysis for Lot B for
16 the rescheduled public hearing. Mr. Lutz did not attend the rescheduled February 17`x' public
17 hearing with the Planning Commission. A revised site plan that includes the parking analysis was
18 forwarded to the City Attorney for review ahead of the City Council meeting scheduled for
19 February 24, 2009. The City Council remanded this item back to the Planning Commission for a
20 public hearing. Planning Commission Member Jenson stated at the March 17, 2009 public
21 hearing Mr. Lutz presented the revised site survey detailing 92 parking spaces. The motion
22 approved by the Planning Commission was to recommend approval of the proposed lot split at
23 3055 Old US Highway 8.
24
25 Councilmember Stille questioned if both lots are conforming with regards to parking.
26 Commission Member Jenson replied that the lot being proposed is conforming to parking. The
27 remaining parking lot area has not yet been developed; in order to be developed it will need to
28 conform to parking requirements.
29
30 Mr. David Lutz, General Counsel of The Wirth Companies, stated he is present for questions.
31
32 Councilmember Stille inquired about plans for the property in the near future. Mr. Lutz replied
33 there are not plans for the near future. This is a window of opportunity because there is currently
34 no financing on the property so lender approval is not needed for the lot split.
35
36 Mayor Faust informed Mr. Lutz that the City Council does not look kindly on variances. He
37 recommended that the applicant should be aware of the potential uses for the parcel. Mr. Lutz
38 replied that the applicant has reviewed the zoning requirements.
39
40 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 09-
41 028; Approval of the Request for an Administrative Lot Split for the Property Located at 3055
42 Old US Highway 8.
43
44 Motion carried unanimously.
45
46 VI. GENERAL BUSINESS OF COUNCIL.
City Council Regular Meeting Minutes
March 24, 2009
Page 4
2 A. Consider Resolution 09-030 Awarding the Bid for Emerald Park. Jean Garborini, Close
3 Landscape, presenting.
4
5 Mayor Faust noted the proposed resolution was before the City Council two weeks ago. He has
6 reviewed the minutes and the video of the meeting. He asked whether the Council would like
7 another presentation by Ms. Garborini of Close Landscaping.
9 Consensus of the Council was that another presentation on the Emerald Park Project is not
10 necessary.
11
12 Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Resolution 09-
13 030; Awarding the Bid for Emerald Park Reconstruction with the Splash Deck.
14
15 Councilmember Gray stated his objection to the splash deck portion of the project. He stated he
16 is willing to move forward with the park improvements, but does not support $200,000 for a
17 water feature when there is a feature like this at Central Park. St. Anthony is a community that is
18 2 '/z square miles and Central Park is close to everyone in the community. He stated his position
19 that including the splash deck sends the wrong message at this time; he pointed out the recession,
20 and that people are losing their jobs and having their homes foreclosed on. He stated that the
21 children that were here tonight to receive their junior achievement certificates will be adults and
22 paying for the splash deck when the payments are due in years 13, 14 and 15 according to the
23 way the debt is structured.
24
25 Mayor Faust stated his support for including the splash deck in the park improvement project. He
26 stated as far as foreclosures, there are currently nine houses being foreclosed on in the City that
27 has a population of 2,500. Comparing this to the adjacent city of Columbia Heights, that city
28 should have approximately 30 foreclosures, but the actual number is 450. He stated the actual
29 cost of the payment on the debt will be about $3 per month per household when the payments
30 come on in years 13, 14 and 15. He stated if the splash deck is not done now it may never be
31 done. He commented on the positive aspects of children playing in the water. He stated
32 approximately 40% of the community is located in the area of Emerald Park with a high density
33 of young children in the area He stated his support of the children playing in the park with a
34 splash deck, drawing them out of the confines of a few hundred square feet in the nearby
35 apartment buildings during the heat of the summer. He pointed out that when he joined the City
36 Council the decision had already been made on the city hall building. He stated his position that
37 had they raised the price of the building 20% more they would not be having the issues they are
38 currently having with the building in relation to space and the gymnasium.
39
40 Councilmember Thuesen stated he still supports the renovation of Emerald Park, which is long
41 overdue for a major rehab. He stated his position that although the economic times are bringing
42 challenges to St. Anthony, it would be doing a disservice to the residents by continuing to serve
43 the community with a substandard park. The City would be getting into a situation that they
44 would regret if they were to delay this project. The bids came back favorable on this project and
45 a renovation at Emerald Park will serve the residents, especially the residents north of 37°i
46 Avenue. Fewer children will need to cross a very busy intersection if they renovate this park.
0
City Council Regular Meeting Minutes
March 24, 2009
Page 5
1 This park is getting many things, including walking paths, benches, an ice rink, a playground,
2 and large green open space. He stated his opposition to including the splash deck in the project.
3 He stated his position that there will be many amenities at this park. It is true that the tax increase
4 would be minimal by adding the water feature, but he believes the money could be better spent
5 on other potential city projects in the future. The water feature they currently have at Central
6 Park serves the community very well.
8 Councilmember Stille stated he would like to reiterate what he said at the last meeting. He stated
9 his position that this all ties together with the core values and the vision statement of St.
10 Anthony. The vision statement of the City talks about being a unique environment, vibrant
11 community, and a desirable city to live, work and play. The mission statement of the City talks
12 about being a progressive and livable community that is safe and secure. He stated thinking
13 about what the City has done over the past years, they have spent the extra money on detail such
14 as decorative street lights, the bridge over the railroad tracks in Ramsey County, as well as the
15 City logo and the colored concrete. This sets the City apart. He also pointed out the benches
16 along the City's walkways and the design standards imposed on the Silver Lake Village Project.
17 All of this makes them a unique community that sets itself apart and it is paying off. St.
18 Anthony's foreclosure numbers are as low as nine right now.
19
20 Councilmember Gray reiterated his opposition to including the splash deck in the park
21 improvement project.
22
23 Mayor Faust reiterated his support of including the splash deck in the park improvement project.
24 He stated the splash deck is replacing the wading pond water feature that was previously located
25 at the park.
26
27 Councilmember Roth stated he voted in support of the splash deck at the last City Council
28 meeting. Since then he has met with some of his neighbors and people within the City to talk to
29 them about the splash deck. One thing that was pointed out to him was that there will now be two
30 park buildings with a water feature that can be rented out in the City. He stated his position that
31 families will have precious minutes of relaxation when the children run through the splash deck.
32
33 Ayes — 3, Nays — 2(Gray and Thuesen). Motion carried.
34
35 B. Consider Resolution 09-031 Providing for the Sale of $5,245,000 GO Bonds Series for
36 the 2009 Road Reconstruction Project, Improvements to Emerald Park and to Refinance
37 the 2000A and 2000B Bonds. John North, Ehlers and Associates, presenting.
38
39 Mr. John North, Ehlers and Associates, provided an overview of $5,245,00 GO Bond Series for
40 the 2009 Road Reconstruction Project, Improvements to Emerald Park, and to Refinance the
41 2000A and 2000B Bonds.
42
43 Mayor Faust verified with Mr. North that the original term of the 2000A and 2000B Bonds is not
44 being extended.
45
5
City Council Regular Meeting Minutes
March 24, 2009
Page 6
1 Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 09-
2 031; Providing for the Sale of $5,245,000 GO Bonds Series for the 2009 Road Reconstruction
3 Project, Improvements to Emerald Park and to Refinance the 2000A and 2000B Bonds.
4
5 Councilmember Stille pointed out that $1.26 million of the bonds is not new debt and is being
6 refinanced. Mr. North stated $1.26 million of the bonds is simply refinancing existing debt to a
7 lower interest rate that reduces the annual payments for which the City is responsible.
9 Motion carried unanimously.
10
11 C. Consider Resolution 09-032 Approve Plans and Specifications and Order Advertisement
12 for Bids for the Arbors Alley Roadway and Utility LnVrovement Project. Todd Hubmer,
13 WSB & Associates, presenting.
14
15 Mr. Todd Hubmer, WSB & Associates, reviewed the resolution with the Council and indicated
16 that the proposed resolution approves plans and specifications and orders advertisement for bids
17 for the Arbors Alley Improvements. The project is proposed to be 100% assessed to the
18 benefitted property owners.
19
20 Councilmember Stille inquired when the transfer of ownership will take place. Mr. Hubmer
21 replied that the transfer of ownership will be completed prior to awarding the contract. An
22 easement right-of-way will be taken over the existing alleyway granting the City maintenance
23 rights.
24
25 Mayor Faust pointed out that the project will be assessed 100% to the benefitted property owners
26 with no cost to the City.
27
28 Councilmember Stille noted that the residents requested this project. Mr. Hubmer stated the City
29 received a petition from a large majority of the Arbors Townhome Association and a few of the
30 residents with access along the alley. This is a very unique situation; the alley is currently under
31 100% private ownership but the residents do not have access to the alley. They are willing to turn
32 the alley over to the City, but to do that the City is requiring them to bring the alley up to City
33 standards.
34
35 Motion by Councilmember Gray, seconded by Councilmember Roth, to adopt Resolution 09-
36 032; Approve Plans and Specifications and Order Advertisement for Bids for the Arbors Alley
37 Roadway and Utility Improvement Project.
38
39 Motion carried unanimously.
40
41 D. Consider Resolution 09-033 Accepting Plans and Specifications for the St. Anthony
42 Parkway Bituminous Mill and Overlay Project and Ordering Advertisement for Bids.
43 Todd Hubmer, WSB & Associates, presenting.
44
45 Mr. Hubmer reviewed the resolution with the Council and indicated that the proposed resolution
46 approves plans and specifications and orders advertisement for bids for the St. Anthony Parkway
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City Council Regular Meeting Minutes
March 24, 2009
Page 7
Mill and Overlay Project. This project will be bid as an alternate for the Water Tower Park
Watermain Replacement Project and the Arbors Alley Improvement Project. The segment of St.
Anthony Parkway proposed for mill and overlay is rapidly deteriorating and is need of
immediate attention.
Mayor Faust noted that the proposed resolution approves plans and specifications and orders
advertisement for bids; the City is not required to accept the bids.
Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 09-
033; Accepting Plans and Specifications for the St. Anthony Parkway Bituminous Mill and
Overlay Project and Ordering Advertisement for Bids.
Motion carried unanimously.
Mr. Hubmer reported that the Water Reuse Project and Silver Lake Road will begin in the next
couple of months.
Mayor Faust requested Mr. Hubmer to provide information to the public regarding the cameras
located at the Silver Lake Road / 33"' Avenue intersection. Mr. Hubmer explained that the
cameras act as signals to time the light changes when cars approach the intersection. There will
be discussion with Hennepin County on whether this is a timed intersection at the
preconstruction meeting for Silver Lake Road.
Councilmember Stille asked if the drainage on Silver Lake Road will improve when the final lift
is completed. Mr. Hubmer responded in the affirmative.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Morrison reported on the following:
• City Council quarterly meeting with the School Board is scheduled for March 31, 2009 at
the school media center.
• A good report has been received from the League of Minnesota Cities on the City's
Workman's Comp Rating which is considered low risk.
■ City Council Members are requested to inform staff if they will be attending the
legislative conference on April 29`h.
■ Negotiations on the police contract are continuing with the cities of Lauderdale and
Falcon Heights.
• The City's Spring Newsletter will be distributed next week.
Councilmember Roth: No report.
Councilmember Stille: No report.
Councilmember Thuesen expressed his appreciation of the police officers that were recognized at
the meeting tonight and their families. He stated building new parks and improving roads are an
important part of the community, but the people serving on the police and fire departments,
City Council Regular Meeting Minutes
March 24, 2009
Page 8
1 public works, and city staff make the community what it is. He is proud to say he lives in St.
2 Anthony.
4 Councilmember Gray reported on his attendance at the Village Fest Committee meeting. It has
5 not been determined where the event will take place; there has been discussion on whether it will
6 be held at the shopping center or Central Park. There is quite a bit of support from the tenants at
7 the shopping center for having the event there. The parade route will likely Po up St. Anthony
8 Boulevard again this year. The event is scheduled for July 31" to August 2" .
10 Mayor Faust reported on his attendance at the following events:
11 ■ February 19, 2009 League of Minnesota Cities Board meeting
12 • March 16, 2009 Junior Achievement Class
13 a March 17, 2009 Joint City Council/Planning Commission meeting followed by a City
14 Council work session
15
16 VIII. COMMUNITY FORUM.
17
18 Mayor Faust invited residents to come forward at this time and address the Council on items that
19 are not on the regular agenda.
20
21 Hearing none, Mayor Faust moved forward with the agenda.
22
23 IX. INFORMATION AND ANNOUNCEMENTS.
24
25 Mayor Faust announced that Hennepin County will hold the open book meeting on valuations on
26 April 13`" at the City Council Chambers.
27
28 X. ADJOURNMENT.
29
30 Mayor Faust adjourned the meeting at 8:32 p.m.
31
32
33 Respectfully submitted,
34
35
36 Carol Hamer
37 TimeSaver Off Site Secretarial, Inc.
38
39 Mayor
40 ATTEST:
41 City Clerk
42
43
44
Saint Anthony Village
DATE: April 14, 2009 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Central MN Tree Service, Fridley, MN
Doran Construction, Bloomington, MN
Kraus -Anderson Construction, Minneapolis, MN
Linder's Greenhouses, St Paul, MN
Lindstrom Restoration, Plymouth, MN
New Perspective Senior Living, Edina, MN
Thomas Renovations, Plymouth, MN
Heating & Air Conditioning License:
Air Corps, Plymouth, MN
Flare Heating & Air Conditioning, Golden Valley, MN
Knott Mechanical, Golden Valley, MN
Optimum Mechanical Systems, Little Canada, MN
3.2 Beer "Off Sale" License:
Applicant: Freedom Valu Center #64
Location: 3810 Silver Lake Rd
Applicant: Cub Foods
Location: 3930 Silver Lake Rd
Cigarette/Tobacco License:
Applicant: Fuel Mart
Location: 2400 37"' Ave
Applicant: St Anthony Village Wine & Spirit #2
Location: 2601 39t" Ave
Applicant: St Anthony Village Wine & Spirit #1
Location: 2700 Highway 88
Applicant: Fuel Mart
Location: 3813 Stinson Blvd
Garbage Haulers License:
Walters Recycling & Refuse, Circle Pines, MN
Waste Management of MN, Blaine, MN
0
10
Rental License:
Applicant: Patrick O'Connor
Location: 2934 Old Highway 8
Applicant: Scott Roadfeldt
Location; 2924 Rankin Rd
Service Station License:
Applicant: Fuel Mart
Location: 2400 37th Ave
Applicant: St Anthony Mobil
Location: 2801 Kenzie Ter
Applicant: Fuel Mart
Location: 3813 Stinson Blvd
Vending License:
Applicant: DRS Snacks
Location: 2401 Lowry Ave
Applicant: Royal Vending
Location: 3301 Silver Lake Rd
Applicant: Trite Vending
Location: 3301 Silver Lake Rd
Applicant: Redbox Automated Retail
Location: 3700 Silver Lake Rd
Applicant: Coinstar Entertainment Services
Location: 3800 Silver Lake Rd
Wine/Strong
Beer Combination License:
Applicant:
Smashburger Acquisition — Minneapolis, LLC
Location:
3900 Silver Lake Rd
U.S. BANK ST. ANTHONY VILLAGE 11
CHECK REGISTER
VENDOR# PAYEE
CHECK#
DATE
AMOUNT
2680 XCEL ENERGY
9048
3/26/2009
$3,097.02
8437 DIRECT TV
9055
4/2/2009
$29.77
20 AA BATTERY CO
9056
4/15/2009
$127.80
8474 ALCOPRO
9057
4/15/2009
$363.00
9666 ALL FLAGS, LLC
9058
4/15/2009
$63.56
9694 ALL WHEELS FINANCIAL, IN
9059
4/15/2009
$375.69
8621 ALLIANCE MECHANICAL
9060
4/15/2009
$143.00
8268 AMERICAN PAYMENT CENTERS
9061
4/15/2009
$78.00
8450 ANIMAL CONTROL SERVICES,
9062
4/15/2009
$219.63
8794 ARCTIC GLACIER INC.
9063
4/15/2009
$194.62
9698 ASTLEFORD INTERNATIONAL
9064
4/15/2009
$3.70
9168 AVENET, LLC
9065
4/16/2009
$636.00
3714 B & F FASTENER SUPPLY
9066
4/15/2009
$9.31
9690 BECKER ARENA PRODUCTS, 1
9067
4/15/2009
$211.50
320 BEISSWENGER'S
9068
4/15/2009
$214.35
4293 BELLBOY CORP.
9069
4/15/2009
$5,814.20
9289 BEST ELECTRIC SERVICE &
9070
4/15/2009
$245.00
9060 BLAINE LOCK & SAFE INC.
9071
4/15/2009
$87.50
.00250 BOLLENBECK/MARK & PATTY
9072
4/15/2009
$4.23
7168 BOYER FORD TRUCKS, INC.
9073
4/15/2009
$72.52
7253 BRAKE & EQUIPMENT WAREHO
9074
4/15/2009
$50.71
8904 BUREAU CRIMINAL APPREHEN
9075
4/15/2009
$240.00
9058 CADBURY SCHWEPPES BOTTLI
9076
4/15/2009
$216.00
4231 CAPITOL BEVERAGE SALES
9077
4/15/2009
$21,813.95
9100 CAT & FIDDLE BEVERAGE
9078
4/15/2009
$357.00
610 CATCO
9079
4/15/2009
$25.96
4080 CHISAGO LAKES DISTRIBUTI
9080
4/15/2009
$2,751.43
9056 CITY OF ROSEVILLE
9081
4/15/2009
$76.80
9209 CLOSE LANDSCAPE ARCHITECT
9082
4/15/2009
$48,598.30
4095 COCA COLA BOTTLING COMPA
9083
4/15/2009
$1,188.58
9216 COLUMBIA PARK MEDICAL GR
9084
4/15/2009
$161.00
4107 COMPTON'S COMMERCIAL CLN
9085
4/15/2009
$4,236.92
9699 CONCRETE CUTTING & CORIN
9086
4/15/2009
$25.34
9343 DEPARTMENT OF LABOR & IN
9087
4/15/2009
$1,627.81
8429 DEPARTMENT OF PUBLIC SAF
9088
4/15/2009
$510.00
7371 DISCOUNT STEEL, INC.
9089
4/15/2009
$222.60
820 DORSEY & WHITNEY
9090
4/15/2009
$3,072.25
4135 ELECTRO WATCHMAN INC
9091
4/15/2009
$194.90
9604 EMERGENCY VEHICLE SERVIC
9092
4/15/2009
$3,955.65
8697 EXTREME BEVERAGE
9093
4/15/2009
$335.00
8363 FIREHOUSE MAGAZINE
9094
4/15/2009
$29.95
9667 FLAT EARTH BREWING CO
9095
4/15/2009
$35.99
8647 FRATTALLONE'S HARDWARE
9096
4/15/2009
$T00
9236 FSH COMMUNICATIONS
9097
4/15/2009
$63.90
1030 G & K SERVICES INC
9098
4/15/2009
$1,020.86
7335 GCR
9099
4/15/2009
$52.19
1110 GENERAL INDUSTRIAL SUPPL
9100
4/15/2009
$222.37
1200 GOPHER BEARING
9101
4/15/2009
$39.92
1250 GRAINGER
9102
4/15/2009
$70.08
4172 GRAPE BEGINNINGS, INC.
9103
4/15/2009
$2,050.00
U.S. BANK ST. ANTHONY VILLAGE 12
CHECK REGISTER
VENDOR# PAYEE
CHECK#
DATE
AMOUNT
9235 GRAY/HAL
9104
4/15/2009
$55.00
4175 GRIGGS COOPER & CO INC
9105
4/15/2009
$27,834.09
9169 HARBOR FREIGHT TOOLS
9106
4/15/2009
$10.61
8813 HEALTHPARTNERS
9107
4/15/2009
$2,299.23
8221 HEDBACK, ARENDT, KOHL
9108
4/15/2009
$5,000.00
8544 HIGHWAY EQUIP REFINISHIN
9109
4/15/2009
$356.83
4207 HOHENSTEIN'S, INC
9110
4/15/2009
$2,329.85
8252 HOME DEPOT CREDIT SERVIC
9111
4/15/2009
$116.64
9262 HSBC BUSINESS SOLUTIONS
9112
4/15/2009
$53.68
9335 HUMANADENTAL
9113
4/15/2009
$39.13
9346 INFRASTRUCTURE TECHNOLOG
9114
4/15/2009
$2,640.00
8658 INSTRUMENTAL RESEARCH, 1
9115
4/15/2009
$85.50
4125 JJ TAYLOR DISTRIBUTING
9116
4/15/2009
$35,092.81
4220 JOHNSON BROTHERS LIQUOR
9117
4/15/2009
$25,971.09
7352 KATH FUEL OIL SERVICE
9118
4/15/2009
$45.25
9696 LAKEVILLE TROPHY CO.
9119
4/15/2009
$180.69
4229 LARSON/MICHAEL
9120
4/15/2009
$165.00
8434 LEAGUE OF MINNESOTA CITI
9121
4/15/2009
$220.00
8167 LYNN PEAVEY CO.
9122
4/15/2009
$113.50
9114 M. AMUNDSON LLP
9123
4/15/2009
$987.32
2130 MAMA
9124
4/15/2009
$68.00
4265 MARK VII SALES INC
9125
4/15/2009
$20,771.68
8245 METRO FIRE
9126
4/15/2009
$234.44
2240 METROPOLITAN COUNCIL
9127
4/15/2009
$42,725.85
8279 METROPOLITAN COUNCIL
9128
4/15/2009
$3,960.00
8467 MIDWAY FORD
9129
4/15/2009
$46.85
5010 MINN CONWAY FIRE & SAFET
9130
4/15/2009
$74.04
8269 MINNESOTA SHREDDING LLC
9131
4/15/2009
$57.00
9195 MISTER CAR WASH
9132
4/15/2009
$234.82
7356 MOORE-SYKES/KIM
9133
4/15/2009
$209.58
2395 MTI DISTRIBUTING, INC
9134
4/15/2009
$768.22
9084 MUZAK LLC
9135
4/15/2009
$55.41
8996 NEEDHAM DISTRIBUTING CO
9136
4/15/2009
$127.30
8883 NEW FRANCE WINE COMPANY
9137
4/15/2009
$332.50
9266 NORTHERN WATER WORKS SUP
9138
4/15/2009
$124.15
9523 NORTHSTAR INSPECTION SER
9139
4/15/2009
$22,207.12
45 OFFICE DEPOT
9140
4/15/2009
$968.65
1230 ONE CALL CONCEPTS, INC.
9141
4/15/2009
$79.55
8528 PACE ANALYTICAL SERVICES
9142
4/15/2009
$285.00
9615 PAETEC
9143
4/15/2009
$213.49
9275 PAT KERNS WINE MERCHANTS
9144
4/15/2009
$581.75
4354 PAUSTIS & SONS
9145
4/15/2009
$2,310.25
.00251 PEI WE[ ASIAN DINER
9146
4/15/2009
$579.45
9563 PETTY CASH - U.S. BANK
9147
4/15/2009
$162.24
4360 PHILLIPS WINE & SPIRITS
9148
4/15/2009
$28,602.77
8789 POST BOARD
9149
4/15/2009
$810.00
8380 PRO -TECH SECURITY SALES
9150
4/15/2009
$567.20
9139 PROPERTY KEY, INC.
9151
4/15/2009
$50.00
4385 QUALITY WINE CO
9152
4/15/2009
$21,904.80
9550 RAMSEY COUNTY
9153
4/15/2009
$230.00
7376 RDO EQUIPMENT COMPANY
9154
4/15/2009
$10.44
U.S. BANK ST. ANTHONY VILLAGE 13
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
9697 REFLECTO PRODUCTS
9155
4/15/2009
$71.94
9127 SIMPLEXGRINNELL
9156
4/15/2009
$2,341.03
9474 SORBY/JAN
9157
4/15/2009
$22.00
5238 SPECIALTY RADIO SERVICE
9158
4/15/2009
$607.19
9259 SPRINT
9159
4/15/2009
$327.92
4782 ST ANTHONY VILLAGE CENTE
9160
4/15/2009
$1,869.58
9083 ST. ANTHONY RETAIL DEVEL
9161
4/15/2009
$1,757.37
1810 ST. ANTHONY VILLAGE KIWA
9162
4/15/2009
$247.50
9211 STOUT HOSPITALITY
9163
4/15/2009
$157.38
8872 SUCIU/BARB
9164
4/15/2009
$37.95
4780 SURLY BREWING CO
9165
4/15/2009
$1,046.00
3260 T A SCHIFSKY & SONS
9166
4/15/2009
$427.29
9264 TAUTGES REDPATH, LTD.
9167
4/15/2009
$5,604.00
7337 TIMESAVER OFF SITE SECRE
9168
4/15/2009
$715.43
3560 TRACY PRINTING
9169
4/15/2009
$3,502.57
8824 TRI -COUNTY BEVERAGE, INC
9170
4/15/2009
$706.75
8010 UNIFORMS UNLIMITED
9171
4/15/2009
$286.95
9171 UNIQUE PAVING MATERIAL
9172
4/15/2009
$548.69
8336 UNITED ELECTRIC COMPANY
9173
4/15/2009
$159.52
8270 UNITED STATES POSTAL SER
9174
4/15/2009
$700.00
9166 UNIVERSITY OF MINNESOTA
9175
4/15/2009
$375.00
4490 VAL-PAK OF MINNESOTA
9176
4/15/2009
$740.00
8227 VERIZON WIRELESS
9177
4/15/2009
$972.08
3700 VIKING INDUSTRIAL CENTER
9178
4/15/2009
$788.18
9126 VINO SOURCE
9179
4/15/2009
$188.00
8388 W. W. GOETSCH ASSOCIATES
9180
4/15/2009
$728.25
4494 WASTE MANAGEMENT - BLAIN
9181
4/15/2009
$472.90
8316 WINE COMPANY/THE
9182
4/15/2009
$1,369.05
8310 WINE MERCHANTS INC
9183
4/15/2009
$8,296.53
9364 WIRELESS WORLD
9184
4/15/2009
$31.93
4499 WORLD CLASS WINES, INC.
9185
4/15/2009
$930.80
2680 XCEL ENERGY
9186
4/15/2009
$9,655.68
3840 ZEP MFG COMPANY
9187
4/15/2009
$168.99
TOTAL
$404,046,08
CERTIFICATION OF MINUTES RELATING TO
$5,245,000 GENERAL OBLIGATION BONDS, SERIES 2009A
Issuer: City of St. Anthony, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting held on April 14, 2009,
at 7:00 o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (including): Pages 1 through 25
RESOLUTION 09-036
RESOLUTION RELATING TO $5,245,000 GENERAL
OBLIGATION BONDS, SERIES 2009A; AWARDING
THE SALE, FIXING THE FORM AND DETAILS AND
PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND SECURITY THEREFOR AND
LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
I, the undersigned, being the duly qualified and acting recording officer of the
public corporation issuing the obligations referred to in the title of this certificate, certify
that the documents attached hereto, as described above, have been carefully compared
with the original records of the corporation in my legal custody, from which they have
been transcribed; that the documents are a correct and complete transcript of the minutes
of a meeting of the governing body of the corporation, and correct and complete copies of
all resolutions and other actions taken and of all documents approved by the governing
body at the meeting, insofar as they relate to the obligations; and that the meeting was
duly held by the governing body at the time and place and was attended throughout by
the members indicated above, pursuant to call and notice given as required by law.
2009.
WITNESS my hand officially as such recording officer this _ day of April,
Barb Suciu, City Clerk
14
15
It was reported that (__) proposals had been received prior to 12:00 Noon,
Central Time today for the purchase of the $5,245,000 General Obligation Bonds, Series 2009A
of the City in accordance with the Official Statement distributed by the City to potential
purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each
have been determined to be as follows:
Bidder Purchase Price Interest Rates Net Interest Cost
(See Attached)
M.
Councilmember then introduced the following resolution
and moved its adoption:
RESOLUTION 09 -
RESOLUTION RELATING TO $5,245,000 GENERAL
OBLIGATION BONDS, SERIES 2009A; AWARDING THE
SALE, FIXING THE FORM AND DETAILS AND PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND
SECURITY THEREFOR AND LEVYING AD VALOREM
TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the
"City"), as follows:
Section 1. Recitals, Authorization and Sale of Bonds.
1.01. Authorization. The City has presently outstanding its General Obligation Storm
Sewer Revenue Bonds, Series 2000A, initially dated as of July 1, 2000 (the "Series 2000A
Bonds") and its General Obligation State -Aid Street Bonds, Series 2000B, initially dated as of
July 1, 2000 (the "Series 2000E Bonds," and together with the Series 2000A Bonds, the "Prior
Bonds"). The Series 2000A Bonds were issued pursuant to Minnesota Statutes, Section 475.65
and are payable primarily out of the net revenues (the "Net Revenues") to be derived from the
municipal storm sewer utility of the City (the "System"). The Series 2000B Bonds were issued
to defray the expense incurred and estimated to be incurred by the City in making improvements
to various state -aid roads in the City, including every item of cost of the kinds authorized in
Minnesota Statutes, Section 475.65 and are payable primarily from money allotted to the City
from its account in the Municipal State -Aid Street Fund of the State of Minnesota. This Council
hereby determines that it is in the best interest of the City to issue its $5,245,000 General
Obligation Bonds, Series 2009A (the "Bonds") for the purpose of currently refunding on June 1,
2009 all of the outstanding Prior Bonds, and for the purpose of financing the 2009 road
reconstruction projects being undertaken by the City pursuant to Minnesota Statutes, Chapter
429 (the "Improvements") and improvements to Emerald Park by the City (the "Park
Improvements"). The portion of the Bonds issued to refund the Series 2000A Bonds are referred
to as the "Storm Sewer Bonds" and are issued pursuant to the Minnesota Statutes, Chapter 475,
the portion of the Bonds issued to refund the Series 2000B Bonds are referred to as the "State -
Aid Street Bonds" and are issued pursuant to Minnesota Statutes, Chapter 475, the portion of the
Bonds issued to finance the 2009 road reconstruction projects by the City are designated as the
"Improvement Bonds" and are issued pursuant to Minnesota Statutes, Chapter 429 and the
portion of the Bonds issued to finance the improvements to Emerald Park are designated as the
"Abatement Bonds" and are issued pursuant to Minnesota Statutes, Section 469.1814 and
Chapter 475. The allocation of the Bonds for this purpose is set forth in Section 3.01 hereof.
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent
financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are
being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without
meeting the requirements for public sale under Minnesota Statutes, Section 475.60,
17
Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (—)
proposals for the purchase of the Bonds were received at or before the time specified for receipt
of proposals. The proposals have been opened and publicly read and considered, and the
purchase price, interest rates and true interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of
of and associates (the "Purchaser"), to purchase the Bonds at
a price of $ the Bonds to bear interest at the rates set forth in Section 2.01.
The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and
directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser.
The good faith checks of the unsuccessful bidders shall be returned forthwith.
1.03. Performance of Requirements. All acts, conditions and things which are required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, existing, having
happened and having been performed, it is now necessary for this Council to establish the form
and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
1.04. Maturities of Bonds. The Council hereby finds that the maturities of the
Improvement Bonds as set forth in Section 3.01 hereof are warranted by the anticipated
collections of special assessments and ad valorem taxes levied and to be levied for the payment
of the Improvement Bonds as provided in Section 5 hereof.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
[The remainder of this page is intentionally left blank]
-2-
Of`
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION BOND, SERIES 2009A
No. R -
Interest Rate Maturity
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
Date of CUSIP
Original Issue
May 7, 2009
DOLLARS
THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the
"City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the
registered owner named above, or registered assigns, the principal amount specified above, on
the maturity date specified above, with interest thereon from the date of original issue specified
above, or from the most recent interest payment date to which interest has been paid or duly
provided for, at the annual rate specified above. Interest hereon is payable on February 1 and
August 1 in each year, commencing February 1, 2010, 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 Wells Fargo Bank, National Association, in
Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond
Registrar"), or its successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $5,245,000 (the
"Bonds"), issued pursuant to a resolution adopted by the City Council on April 14, 2009 (the
"Resolution"), for the purpose of refunding bonds issued to finance improvements to the City's
storm sewer utility, refunding bonds issued to finance the costs of improvements to state -aid
roads in the City, financing a portion of the costs of various street improvements in the City and
financing costs of various park improvements within the City, and is issued pursuant to and in
full conformity with the provisions of the Constitution and laws of the State of Minnesota
thereunto enabling, including Minnesota Statutes, Section 162.18, Minnesota Statutes,
Section 469.1814 and Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only as
fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities.
The Bonds of this series are issuable only as fully registered Bonds, in denominations of $5,000
or any multiple thereof, of single maturities.
-3-
19
Bonds maturing in the years 2010 through 2017 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in 2018
and later years are each subject to redemption and prepayment, at the option of the City and in
whole or in part, and if in part, in the maturities selected by the City and, within a maturity, in
$5,000 principal amounts selected by lot, on February 1, 2017 and on any date thereafter, at a
price equal to the principal amount thereof to be redeemed plus accrued interest to the date of
redemption.
[INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS.]
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of the proceedings for the redemption of any
Bond not affected by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price herein specified and from and after such date
(unless the City shall default in the payment of the redemption price) such Bond or portions of
Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by his attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that, prior to the
issuance hereof the City has pledged to the payment of the principal of and interest on the Bonds
20
(a) so much of the net revenues of the City's storm sewer utility as shall be required to pay the
principal and interest on the portion of the Bonds issued to refund the bonds issued to refinance
improvements to the City's storm sewer utility; (b) money to be allocated from its account in the
Municipal State -Aid Street Fund of the State of Minnesota in such amount as shall be sufficient
to pay all principal of and interest on the portion of the Bonds issued to refund the bonds issued
to refinance improvements to various state -aid roads in the City, (c) has levied or agreed to levy
special assessments on property specially benefited by the portion of the Bonds issued to finance
street reconstruction projects in the City and ad valorem taxes on all taxable property in the City,
collectible in the years and amounts required to produce sums not less than 5% in excess of the
principal of and interest on such portion of the Bonds as such principal and interest respectively
become due, and has appropriated the same to the payment of such portion of the Bonds in the
manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; (d) tax abatements to be
derived by the City from certain specified properties of the City; that if necessary to pay the
principal and interest on the tax abatement portion of the Bonds, and (e) if necessary for payment
of the principal and interest on this Bond, additional ad valorem taxes are required to be levied
upon all taxable property in the City, without limitation as to rate or amount; and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or
statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by the manual signature of a person authorized to sign on
its behalf.
[The remainder of this page is intentionally left blank]
-5-
21
IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey Counties,
Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the
Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below.
City Manager
CITY OF ST. ANTHONY
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
WELLS FARGO BANK, NATIONAL
ASSOCIATION, Minneapolis, Minnesota,
as Bond Registrar
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM — — as tenants
in common
TEN ENT — — as tenants
by the entireties
JT TEN — — as joint tenants
with right of
survivorship and
not as tenants in
common
UNIF TRANS MIN ACT....... Custodian...........
(Gust) (Minor)
under Uniform Transfers to
Minors
Act......................
(State)
Additional abbreviations may also be used.
-6-
22
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
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 Medallion 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.
3.01. Maturities, Interest Rates, Denominations, Payment, Dating of Bonds. The Bonds
shall be designated General Obligation Bonds, Series 2009A, shall be originally dated as of
May 7, 2009, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall
mature on February I in the respective years and amounts stated below, and shall bear interest,
computed on the basis of a 360 -day year consisting of twelve 30 -day months, from May 7, 2009
until paid or duly called for redemption at the respective annual rates set forth opposite such
years and amounts, as follows:
-7-
23
Year
Amount Rate
Year
Amount Rate
2010
$210,000
2018
$260,000
2011
345,000
2019
270,000
2012
420,000
2020
285,000
2013
430,000
2021
295,000
2014
445,000
2022
310,000
2015
460,000
2023
325,000
2016
245,000
2024
340,000
2017
255,000
2025
350,000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar for the Bonds appointed herein.
The portion of the Bonds maturing in the following years and amounts constitute the
Storm Sewer Bonds:
Year Amount
2010
$140,000
2011
135,000
2012
140,000
2013
140,000
2014
150,000
2015
155,000
The portion of the Bonds maturing in the following years and amounts constitute the
State -Aid Street Bonds:
Year Amount
2010
$70,000
2011.
70,000
2012
65,000
2013
65,000
2014
65,000
2015
65,000
M
24
The portion of the Bonds maturing in the following years and amounts constitute the
Improvement Bonds:
Year Amount Year Amount
2011
$140,000
2019
$175,000
2012
140,000
2020
185,000
2013
145,000
2021
190,000
2014
150,000
2022
200,000
2015
155,000
2023
210,000
2016
160,000
2024
220,000
2017
165,000
2025
225,000
2018
170,000
2025
125,000
The portion of the Bonds maturing in the following years and amounts constitute the
Improvement Bonds:
Year
Amount
Year
Amount
2012
$75,000
2019
$ 95,000
2013
80,000
2020
100,000
2014
80,000
2021
105,000
2015
85,000
2022
110,000
2016
85,000
2023
115,000
2017
90,000
2024
120,000
2018
90,000
2025
125,000
3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and
August 1 in each year, commencing February 1, 2010, to the owners thereof as such appear of
record in the bond register as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer
agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any
Bond duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount
-9-
25
and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount, interest rate and maturity, as requested by the
registered owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall
be promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond and for
all other purposes, and all such payments so made to any such registered owner or upon
the owner's order shall be valid and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar may impose
a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, interest rate, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu of and in
substitution for any such Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case
of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory
to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon
receipt by the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence
of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its terms, it
shall not be necessary to issue a new Bond prior to payment.
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(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association in Minneapolis, Minnesota, as the initial Registrar. The Mayor and City
Manager are authorized to execute and deliver, on behalf of the City, a contract with Wells Fargo
Bank, National Association, as Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company authorized by law to
conduct such business, such corporation shall be authorized to act as successor Registrar. The
City agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and
upon the appointment of a successor Registrar, in which event the predecessor Registrar shall
deliver all cash and Bonds in its possession to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the Finance Director shall
transmit to the Registrar from the 2009A Improvement Bond Fund described in Section 5 hereof,
moneys sufficient for the payment of all principal and interest then due.
3.05. Redemption. (a) Bonds maturing in the years 2010 through 2017 are payable on
their respective stated maturity dates without option of prior payment, but Bonds maturing in
2018 and later years are each subject to redemption, at the option of the City and in whole or in
part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000
principal amounts selected by the Registrar by lot, on February 1, 2017 and on any date
thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus
accrued interest to the date of redemption.
(b) [Bonds maturing in the year shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be so
redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the
years and principal amounts set forth below:
Year Amount
*Final Maturity
In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds
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maturing in the year so redeemed or canceled provided that the City has notified the
Register not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.
(c) Bonds maturing in the year shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be so
redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the
years and principal amounts set forth below:
Year Amount
*Final Maturity
In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds
maturing in the year so redeemed or canceled provided that the City has notified the
Register not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
(d) At least thirty days prior to the date set for redemption of any Bond, the City shall
cause notice of the call for redemption to be mailed to the Registrar and to the registered owner
of each Bond to be redeemed, but no defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. The notice of redemption shall specify the redemption date,
redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed
and the place at which the Bonds are to be surrendered for payment, which is the principal office
of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or
portions thereof so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest.
Bonds in a denomination larger than $5,000 may be redeemed in part in any integral
multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon
surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations
equal in principal amount to be unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the
City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the
City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles
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thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on
the Bonds shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer
had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or
obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on such Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on
each Bond shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so executed and authenticated, they shall be delivered
by the City Manager to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
3.07. Securities Depository. (a) For purposes of this Section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter from the City to DTC with
respect to the procedures of DTC presently on file with DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond
register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat
DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the
purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions
thereof to be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all other
purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the
contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any
Participant, any 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
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or required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated
maturity evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (d) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such event the
Bonds will be transferable in accordance with paragraph (d) hereof.
(d) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the
Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to
the permitted transferee in accordance with the provisions of this resolution. In the event Bonds
in the form of certificates are issued to owners other than Cede & Co., its successor as nominee
for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds,
the provisions of this resolution shall also apply to all matters relating thereto, including, without
limitation, the printing of such Bonds in the form of bond certificates and the method of payment
of principal of and interest on such Bonds in the form of bond certificates.
Section 4. Redemption of Prior Bonds. Proceeds of the Bonds are irrevocably
appropriated to pay and redeem the Prior Bonds on June 1, 2009.
Section 5. Security Provisions.
5.01. 2009A Construction Fund.
(a) There is hereby created a special bookkeeping fund to be designated as the "General
Obligation Bonds, Series 2009A Street Construction Fund" (the "Street Construction Fund"), to
be held and administered by the Finance Director separate and apart from all other funds of the
City. The City appropriates to the Street Construction Fund (a) $ of the proceeds
of the sale of the Bonds, and (b) all collections of special assessments levied for the
Improvements until completion and payment of all costs of the Improvements. The Street
Construction Fund shall be used solely to defray expenses of the Improvements and, including
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but not limited to the transfer to the Improvement Bond Fund, created in Section 5.02, hereof, of
amounts sufficient for the payment of interest and principal, if any, due upon the Improvement
Bonds prior to the completion and payment of all costs of the Improvements and the payment of
the expenses incurred by the City in connection with the issuance of the Bonds. Upon
completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds
remaining in the Street Construction Fund may be used to pay the cost, in whole or in part, of
any other improvements instituted pursuant to Minnesota Statutes, Chapter 429, as directed by
the City Council, but any balance of such proceeds not so used shall be credited and paid to the
Improvement Bond Fund created in Section 5.02 hereof.
(b) There is hereby created a special bookkeeping fund to be designated as the "General
Obligation Bonds, Series 2009A Park Construction Fund" (the "Park Construction Fund"), to be
held and administered by the Finance Director separate and apart from all other funds of the
City. The City appropriates to the Park Construction Fund $ of the proceeds of
the sale of the Bonds. The Park Construction Fund shall be used solely to defray expenses of the
Park Improvements and, including but not limited to the payment of the expenses incurred by the
City in connection with the issuance of the Bonds. Upon completion and payment of all costs of
the Park Improvements, any balance remaining in the Park Construction Fund shall be credited
and paid to the Tax Abatement Bond Fund created in Section 5.03 hereof.
5.02. 2009A Improvement Bond Fund. So long as any of the Improvement Bonds are
outstanding and any principal of or interest thereon unpaid, the Finance Director shall maintain a
separate and special bookkeeping fund designated "2009A Improvement Bond Fund" (the
"Improvement Bond Fund") to be used for no purpose other than the payment of the principal of
and interest on the Improvement Bonds and on such other improvement bonds of the City as
have been or may be directed to be paid therefrom. If the balance in the Improvement Bond
Fund is at any time insufficient to pay all interest and principal then due on all bonds payable
therefrom, the payment shall be made from any fund of the City which is available for that
purpose, subject to reimbursement from the Improvement Bond Fund when the balance therein is
sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to
take care of any accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory tax limitation.
5.03. 2009A Tax Abatement Bond Fund. So long as any of the Tax Abatement Bonds
are outstanding and any principal of or interest thereon unpaid, the Finance Director shall
maintain a separate and special bookkeeping fund designated "2009A Tax Abatement Bond
Fund" (the "Tax Abatement Bond Fund") to be used for no purpose other than the payment of
the principal of and interest on the Tax Abatement Bonds and on such other tax abatement bonds
of the City as have been or may be directed to be paid therefrom. If the balance in the Tax
Abatement Bond Fund is at any time insufficient to pay all interest and principal then due on all
bonds payable therefrom, the payment shall be made from any fund of the City which is
available for that purpose, subject to reimbursement from the Tax Abatement Bond Fund when
the balance therein is sufficient, and the Council covenants and agrees that it will each year levy
a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not
subject to any constitutional or statutory tax limitation.
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5.04. 2009A Storm Sewer Bond Fund. The Storm Sewer Bonds shall be payable from
a separate General Obligation Storm Sewer Bonds, Series 2009A Bond Fund (the "Storm Sewer
Bond Fund"), which the City agrees to maintain until the Storm Sewer Bonds have been paid in
full. If the moneys in the Storm Sewer Bond Fund should at any time be insufficient to pay
principal and interest due on the Storm Sewer Bonds, such amounts shall be paid from other
moneys on hand in other funds of the City, which other funds shall be reimbursed therefor from
subsequent receipts of Net Revenues appropriated to the Storm Sewer Bond Fund and, if
necessary, from the proceeds of the taxes levied for the Storm Sewer Bond Fund. The City
Finance Director shall deposit in the Storm Sewer Bond Fund the proceeds of all taxes levied and
all other money which may at any time be received for or appropriated to the payment of the
Storm Sewer Bonds and interest, including the Net Revenues herein pledged and appropriated to
the Storm Sewer Bond Fund, all collections of any ad valorem taxes levied for the payment of
the Storm Sewer Bonds, and all other moneys received for or appropriated to the payment of the
Storm Sewer Bonds and interest thereon.
The City hereby covenants and agrees with the holders from time to time of the Bonds
that so long as any of the Storm Sewer Bonds are outstanding, the City will impose and collect
reasonable charges for the service, use and availability of the System to the City and its
inhabitants according to schedules calculated to produce net revenues which, will be sufficient to
pay all principal and interest when due on the Storm Sewer Bonds and all other obligations
payable from the Net Revenues. Net Revenues, to the extent necessary, are hereby irrevocably
pledged and appropriated to the payment of the principal of the Storm Sewer Bonds and interest
thereon on a parity with the existing pledge of the Net Revenues to pay outstanding obligations
of the City; provided that nothing herein shall preclude the City from hereafter making further
pledges and appropriations of Net Revenues for the payment of additional obligations of the City
hereafter authorized if the City Council determines before the authorization of such additional
obligations that the estimated Net Revenues will be sufficient, together with any other sources
pledged to or projected to be used, for the payment of the principal of and interest on the Storm,
Sewer Bonds and paid therefrom and such additional obligations. Such further pledges and
appropriations of said Net Revenues may be made superior or subordinate to or on a parity with
the pledge and appropriation herein made, as to the application of Net Revenues received from
time to time.
5.05. 2009A State -Aid Street Bond Fund. The State -Aid Street Bonds shall be payable
from a separate General Obligation State -Aid Street Bonds, Series 2009A Bond Fund (the
"State -Aid Street Bond Fund"), which the City agrees to maintain until the State -Aid Bonds have
been paid in full. The City hereby appropriates to the State -Aid Street Bond Fund the accrued
interest on the State -Aid Street Bonds and any amounts transferred to the State -Aid Street Bond
Fund from the City's account in the Municipal State -Aid Street Fund of the State of Minnesota.
The Finance Director shall follow the procedure set forth in Minnesota Statutes, Section 162.18,
Subdivision 4, for obtaining such funds. If at any time the moneys in the State -Aid Street Bond
Fund should be insufficient to pay all principal and interest due on the State -Aid Street Bonds,
the Finance Director shall nevertheless pay the same from any moneys on hand in the general
fund of the City, and the moneys so used shall be restored to the general fund from the moneys
next received by the City from the Construction or Maintenance Account in the Municipal State -
Aid Street Fund of the State of Minnesota, which are not required for the payment of additional
principal and interest.
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5.06. Levy of Special Assessments. The City hereby covenants and agrees that for
payment of the cost of each of the Improvements it will do and perform all acts and things
necessary for the full and valid levy of special assessments against all assessable lots, tracts and
parcels of land benefited thereby and located within the area proposed to be assessed therefor,
based upon the benefits received by each such lot, tract or parcel, in an aggregate principal
amount not less than twenty percent (20%) of the cost of the Improvements. In the event that
any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of
land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by
the City or this Council or any of the City's officers or employees, either in the making of such
assessment or in the performance of any condition precedent thereto, the City and this Council
hereby covenant and agree that they will forthwith do all such further acts and take all such
further proceedings as may be required by law to make such assessments a valid and binding lien
upon such property. The Council presently estimates that the special assessments shall be in the
aggregate principal amount of $ payable in not more than _ installments, the first
installment to be collectible with taxes during the year 2009, and that deferred installments shall
bear interest at the rate of not less than % per annum from the date of the resolution
levying said assessment until December 31 of the year in which the installment is payable.
5.07. Pledge of Taxing Powers. For the prompt and full payment of the principal of and
interest on the Bonds as such payments respectively become due, the full faith, credit and
unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to
produce aggregate amounts not less than 5% in excess of the amounts needed to meet when due
the principal and interest payments on the Improvement Bonds, ad valorem taxes are hereby
levied on all taxable property in the City, the taxes to be levied and collected in the following
years and amounts:
Levy Years Collection Years Amount
See attached levy calculation
The taxes shall be irrepealable as long as any of the Improvement Bonds are outstanding
and unpaid, provided that the City reserves the right and power to reduce the tax levies from
other legally available funds, in accordance with the provisions of Minnesota Statutes,
Section 475.61.
Section 6. Defeasance. When all of the Bonds have been discharged as provided in
this section, all pledges, covenants and other rights granted by this resolution to the holders of
the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which
are due on any date by depositing with the Registrar on or before that date a sum sufficient for
the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms, by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
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provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with 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 time and at such rates and
maturing or callable at the holder's option on such dates as shall be required to pay all principal,
interest and redemption premiums to become due thereon to maturity or said redemption date.
Section 7. County Auditor Registration, Certification of Proceedings, Investment of
Money, Arbitrage and Official Statement.
7.01. County Auditor Registration. The City Clerk is hereby authorized and directed to
file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey
Counties, together with such other information as the County Auditors shall require, and to
obtain from each County Auditor a certificate that the Bonds have been entered on his bond
register and the taxes described in Section 5.07 hereof have been levied as required by law.
7.02. Certification of Proceedings. The officers of the City and the County Auditors of
Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all
proceedings and records of the City, and such other affidavits, certificates and information as
may be required to show the facts relating to the legality and marketability of the Bonds as the
same appear from the books and records under their custody and control or as otherwise known
to them, and all such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited therein.
7.03. Covenant. The City covenants and agrees with the registered owners 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 payable on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the "Code") and Regulations promulgated
thereunder (the "Regulations") as are enacted or promulgated and in effect on the date of
issuance of the Bonds, and covenants to take any and all actions within its powers to ensure that
the interest on the Bonds will not become includable in gross income of the recipient under the
Code and the Regulations. The facilities financed by the Bonds shall at all times during the term
of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use
agreement, management agreement, capacity agreement or other agreement or contract with any
nongovernmental person relating to the use of the facilities financed by the Bonds, or security for
the payment of the Bonds which might cause the Bonds to be considered "private activity bonds"
or "private loan bonds" pursuant to Section 141 of the Code.
7.04. Arbitrage Rebate. For purposes of complying with the requirements of
Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units
from the rebate requirements of the Code, the City represents that:
(i) the City is a governmental unit with general taxing powers;
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(ii) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code (Private Activity Bonds);ninety-five percent of the net proceeds of the Bonds are to
be used for the local governmental purposes of the City; and
(iii) the aggregate face amount of all tax-exempt bonds (other than Private
Activity Bonds and any refunding bonds not taken into account under Section
148(0(D)(iii) of the Code) issued by the City in calendar year in which the Bonds are to
be issued is not reasonably expected to exceed $5,000,000.
Therefore, pursuant to the provisions of Section 148(f)(4)(C) of the Code, the City shall
not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of
Section 148(f) of the Code with respect to the Bonds.
7.05. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-
exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of
interest expenses for financial institutions. The City represents that in calendar year 2009 it does
not reasonable 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 $30,000,000, excluding any tax-
exempt obligations which are refundings of a "qualified tax-exempt obligation" which are not
taken into account for this purpose under Section 265(b)(3)(D)(ii) of the Code.
7.06. Official Statement. The Official Statement relating to the Bonds, dated April 2,
2009, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby
approved. Ehlers & Associates, Inc., is hereby authorized of behalf of the City to prepare and
distribute to the Purchaser a supplement to the Official Statement listing the offering price, the
interest rates, other information relating to the Bonds required to be included in the Official
Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof, the City
shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The
officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
The officers of the City are hereby authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
Section 8. Continuing Disclosure.
(a) Purpose and Beneficiaries. To provide for the public availability of certain
information relating to the Bonds and the security therefor and to permit the original purchaser
and other participating underwriters in the primary offering of the Bonds to comply with
amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the
"SEC") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to
continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will
enhance the marketability of the Bonds, the City hereby makes the following covenants and
agreements for the benefit of the Owners (as hereinafter defined) from time to time of the
Outstanding Bonds. The City is the only "obligated person" in respect of the Bonds within the
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meaning of the Rule for purposes of identifying the entities in respect of which continuing
disclosure must be made.
If the City fails to comply with any provisions of this Section 8, any person aggrieved
thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in
equity may appear necessary or appropriate to enforce performance and observance of any
agreement or covenant contained in this Section 8, including an action for a writ of mandamus or
specific performance. Direct, indirect, consequential and punitive damages shall not be
recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything
to the contrary contained herein, in no event shall a default under this Section 8 constitute a
default under the Bonds or under any other provision of this resolution.
As used in this Section 8, "Owner" or "Bondowner" means, in respect of a Bond, the
registered owner or owners thereof appearing in the bond register maintained by the Registrar or
any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to
the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond,
any person or entity which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of the
Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any
particular time with reference to Bonds means all Bonds theretofore, or thereupon being,
authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore
canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect
to which the liability of the City has been discharged in accordance with Section 6 hereof; and
(iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall
have been authenticated and delivered by the Registrar pursuant to this Resolution.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2008 the following financial
information and operating data in respect of the City (the "Disclosure Information"):
(A) the audited financial statements of the City for such fiscal year,
accompanied by the audit report and opinion of the accountant or government
auditor relating thereto, as permitted or required by the laws of the State of
Minnesota, containing balance sheets as of the end of such fiscal year and a
statement of operations, changes in fund balances and cash flows for the fiscal
year then ended, showing in comparative form such figures for the preceding
fiscal year of the City, prepared in accordance with generally accepted accounting
principles promulgated by the Financial Accounting Standards Board as modified
in accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
-20-
36
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as to
accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period most
recently available of the type set forth below, which information may be
unaudited, but is to be certified as to accuracy and completeness in all material
respects by the City's financial officer to the best of his or her knowledge, which
certification may be based on the reliability of information obtained from
governmental or third party sources:
• Current Property Valuations
• Direct Debt
• Tax Levies and Collections
• Population Trend
• Employment/Unemployment
Notwithstanding the foregoing paragraph, if the audited financial
statements are not available by the date specified, the City shall provide on or
before such date unaudited financial statements in the format required for the
audited financial statements as part of the Disclosure Information and, within 10
days after the receipt thereof, the City shall provide the audited financial
statements.
Any or all of the Disclosure Information may be incorporated by
reference, if it is updated as required hereby, from other documents, including
official statements, which have been submitted to each of the repositories
hereinafter referred to under subsection (b) or the SEC. If the document
incorporated by reference is a final official statement, it must be available from
the Municipal Securities Rulemaking Board. The City shall clearly identify in the
Disclosure Information each document so incorporated by reference.
If any part of the Disclosure Information can no longer be generated
because the operations of the City have materially changed or been discontinued,
such Disclosure Information need no longer be provided if the City includes in the
Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is
not included in the Disclosure Information and the City determines that certain
specified data regarding such replacement operations would be a Material Fact (as
defined in paragraph (2) hereof), then, from and after such determination, the
Disclosure Information shall include such additional specified data regarding the
replacement operations.
-21-
37
If the Disclosure Information is changed or this Section 8 is amended as
permitted by this paragraph (b)(1) or subsection (d), then the City shall include in
the next Disclosure Information to be delivered hereunder, to the extent
necessary, an explanation of the reasons for the amendment and the effect of any
change in the type of financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events
which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to
perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of
the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a "Material Fact' is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in deciding to
buy, hold or sell a Bond or, if not disclosed, would significantly alter the total
information otherwise available to an investor from the Official Statement, information
disclosed hereunder or information generally available to the public. Notwithstanding the
foregoing sentence, a "Material Fact' is also an event that would be deemed "material'
for purposes of the purchase, holding or sale of a Bond within the meaning of applicable
federal securities laws, as interpreted at the time of discovery of the occurrence of the
event.
(3) In a timely manner, notice of the occurrence of any of the following events
or conditions:
(A) the failure of the City to provide the Disclosure Information
required under paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this Section 8 pursuant to
subsection (d), together with a copy of such amendment or supplement and any
explanation provided by the City under subsection (d)(2);
-22-
W.
(C) the termination of the obligations of the City under this Section 8
pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which the
financial statements constituting a portion of the Disclosure Information are
prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information
described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other
means, as appropriate:
(1) the information described in paragraph (1) of subsection (b), to each then
nationally recognized municipal securities information repository under the Rule and to
any state information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the "State Depository"), if any;
(2) the information described in paragraphs (2) and (3) of subsection (b), to
the Municipal Securities Rulemaking Board and to the State Depository, if any; and
(3) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds and, at the expense of such Bondowner, to any
Bondowner who requests in writing such information, at the time of transmission under
paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is
transmitted with a subsequent time of release, at the time such information is to be
released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this Section 8 shall remain in effect so long
as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the
obligations of the City under this Section 8 shall terminate and be without further effect
as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to
the effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this Section 8 will
not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act of
1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
(2) This Section 8 (and the form and requirements of the Disclosure
Information) may be amended or supplemented by the City from time to time, without
notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of
any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the
City accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the effect
that: (i) such amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in the identity,
-23-
nature or status of the City or the type of operations conducted by the City, or (b) is
required by, or better complies with, the provisions of paragraph (b)(5) of the Rule;
(ii) this Section 8 as so amended or supplemented would have complied with the
requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the
Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and
assuming that the Rule as in effect and interpreted at the time of the amendment or
supplement was in effect at the time of the primary offering; and (iii) such amendment or
supplement does not materially impair the interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of financial
information or operating data being provided hereunder.
(3) This Section 8 is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements of
paragraph (b)(5) of the Rule.
Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds. The
City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment
of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the
closing date for further distribution as directed by the City's financial advisor, Ehlers &
Associates, Inc.
Attest:
City Clerk
-24-
Mayor
39
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember , and upon vote being taken thereon, the following voted
in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor
which signature was attested by the City Clerk.
-25-
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $5,245,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of
May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of 2009.
Hennepin County Auditor
(SEAL)
41
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted April 14, 2009,
awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $5,245,000 General Obligation Bonds, Series 2009A, of the City, to be dated, as of
May 7, 2009 and levying taxes for the payment of principal of and interest on said Bonds.
I further certify that said Bonds have been entered on my bond register and the tax
required by law for payment of the Bonds has been levied and filed, as required by Minnesota
Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal this day of 2009.
Ramsey County Auditor
(SEAL)
42
43
To: Mayor and City Council
From: Mike Mornson, City Manager
Date: April 14, 2009
RE: Quarterly Goals Review
The attached document is a list of goals and activities from the Goal Setting Retreat held on
January 15 -16, 2009. The City Council approved the goals on February 10, 2009.
The Five Goals that the City is working on over the next five years are as follows:
1. Environmental Stewardship
2. Improve and Maintain Infrastructure
3. Technology Advances
4. Maintain/Improve Housing Stock
5. Senior Transitions
1
AMA
ENVIRONMENTAL STEWARDSHIP
1. Working on building improvement plan from Sebesta Blomberg report.
2. Water Re -Use punch list items.
3. Meeting with Garbage Haulers.
4. Received two Awards this year - Best Practice on Salt and Project - Water Re -Use.
IMPROVE AND MAINTAIN INFRASTRUCTURE
1. 2009 Street Improvement Project - Bids Approved February 28, 2009
2. Emerald Park Project - Bids approved March 24, 2009
3. Silver Lake Road project punch list items
4. Possible overlay project on St. Anthony Blvd. from Silver lake Road to over the bridge by
Gross Golf Course.
5. Possible project with New Brighton on Silver Lane.
6. Water main improvements by Water Tower project.
TECHNOLOGY ADVANCES
1. Presentation by Jim Hickle, Velocity Telephone at worksession
2. Presentation from Monticello staff regarding Fiber to the Home will occur on March 31St.
3. Meeting with North St. Paul staff
IMPROVE AND MAINTAIN HOUSING
1. Extension of Fannie Mae Loan.
2. Working with Pratt Ordway on Cooperative Housing.
3. Housing Code Enforcement second year.
SENIOR TRANSTFIONS
1. Meetings with Kiwanis, Vital Aging and Former Elected Officials.
OTHER
1. Re -Codification - Complete April 1, 2009
0 Page 2
45
2. Comprehensive Plan Process
3. Arbors Alley Project
4. Goals presented to Kiwanis, Parks Commission, Planning Commission and ISD #282
School Board and Former Elected Officials.
0 Page 3
FUTURE COUNCIL AGENDA ITEMS
411412009
Meeting
Meeting
Date
Type
Stab
Items/Issues
April 28
Regular
Planning Commission items from April 21
Finance Director
Public Hearing on 2010 Budget
Finance Annual Report
Arbors Alley, Water Tower Park, 5t. Anthony Blvd. receive bids,
City Engineer
compute assessments.
Approve three resolutions on improvement hearing and
special assessment Arbors
2009 & 2010 Budget Review
May 4
y
Worksession
ALL
Review Winter Parking Ordinance
5:30 P.M.
Chicken Ordinance
Memorandum of Fiber to the Premise
May 12
Regular
Consent Agenda
Election Agreement with ISD #282
City Manager
Police Contracts with Falcon Heights and Lauderdale
May 26
Regular
Planning Commission items from May 19
City Engineer
Public Hearing on Arbors Alley, Water Tower Park and St. Anthony Blvd.
Project and Award Bid
Mid-Year Goal Review
June I
Worksession
ALL
Bus Tour
Water & Sewer Rates
June 9
Regular
Parking Ordinance
City Engineer
Ordering the feasibility report for 2010 Street Improvements
June 23
Itcl--ular
Planning Commission items from June 16
Finance Director
City Insurance Renewal
Tautges, Redpath
2008 Audit Presentation
April 2009
Monthly Planner
Sunday Monday Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
Mar 2009 May 2009
S M T W T F S S M T W T F S
Former Elected
1 2 3 4 5 6 7 l 2
Officials
Meeting - City
8 9 10 11 12 13 14 3 4 5 6 7 8 9
Hall 9 a.m.
15 16 17 18 19 20 21 10 11 12 13 14 15 16
22 23 24 25 26 27 28 17 18 19 20 21 22 23
29 30 31 24 25 26 27 28 29 30
31
S
6
7
8
9
10
11
i
I
12
13
14
15
16
17
18
City Council
Meeting 7pm
19
20
21
22
23
24
25
Planning
Commission
Meeting 7 pm
26
27
28
29
30
City Council
Meeting 7 pm
Printed by Calendar Creator for Windows on 419!2009
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY VILLAGE.
April 14, 2009
Call to Order.
Roll Call.
I. Approval of April 14, 2009, H.R.A. Agenda.
II. Consent Agenda.
These items are Considered routine and will be enacted by one motion. There will be no separate discussion of these items
unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve. March 10, 2009, H.R.A. Minutes. (pp. 1 — 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
A. Resolution 09-007; Authorizing Assignment of Mortgage, Assignment of Leases and Rents and
Fixture Financing statement Concerning Extension of Credit Facility from Fannie Mae. Stacie
Kvilvang, Ehlers & Associates and Jay Lindgren, Dorsey & Whitney, presenting. (pp. 4 — 8)
B. Silver Lake Village Update. Stacie Kvilvang, Ehlers & Associates, presenting.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
Z:1Council Meetings120091041420091HRA agendapg#.doe
1
1 CITY OF ST. ANTHONY
2 HRA REGULAR MEETING MINUTES
3 MARCH 10, 2009
4
5 CALL TO ORDER.
6 Acting Chair Stille called the meeting to order at 8:45 p.m.
7
8 ROLL CALL.
9 Commissioners present: Vice Chair Stille; Commissioners Gray, Roth, and Thuesen
10 Commissioners absent: Chair Faust
11 Also Present: Executive Director Michael Mornson.
12
13 I. APPROVAL OF MARCH 10, 2009 HRA MEETING AGENDA.
14
15 Motion by Commissioner Roth, seconded by Commissioner Thuesen, to approve the March 10,
16 2009 Housing and Redevelopment Authority Agenda as presented.
17
18 Motion carried unanimously.
19
20 II. CONSENT AGENDA.
21
22 Motion by Commissioner Gray, seconded by Commissioner Roth, to approve the Consent
23 Agenda, which consisted of:
24
25 A. H.R.A. Meeting Minutes of February 24 2009, and
26 B. Claims.
27
28 Motion carried unanimously.
29
30 III. PUBLIC HEARINGS.
31
32 None.
33
34 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A.
35
36 None.
37
38 V. STAFF REPORTS
39
40 None.
41
42 VI. H.R.A. COMMISSIONER COMMENTS
43
44 None.
45
46 VII. INFORMATION AND ANNOUNCEMENTS
47
48 None.
49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Housing and Redevelopment Authority Meeting Minutes
March 10, 2009
Page 2
VIII. ADJOURNMENT
Acing Chair Stille adjourned the meeting at 8:46 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Chair
2
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
04/02/2009 12: Check Register GL540R-V06.79 PAGE 1
BANK VENDOR CHECK$ DATE AMOUNT
FIRS US BANK NA
000820 DORSEY & WHITNEY
008698 EHLERS & ASSOCIATES, INC
009316 MCCOMBS FRANK ROOS & ASS
007076 MOODY'S INVESTORS SERVIC
009083 ST. ANTHONY RETAIL BEVEL
US BANK NA
9050 04/15/09
9051 04/15/09
9052 04/15/09
9053 04/15/09
9054 04/15/09
2,474.20
1,680.00
150.29
5,600.00
2,184.58
12.089.07 ***
a
3
OTo: Mike Morrison — Executive Director
MFrom: Stacie Kvilvang — Ehlers and Associates
Wc Date: April 14, 2009
G Subject: Fannie Mae Loan Extension — Assignment of Mortgage
EHLERS 4
& ASSOCIATES INC
On April 1, 2009, the City and Fannie Mae executed the second amendment and modification to the
loan and security agreement for the above referenced loan. Fannie Mae requested additional security
on the loan in the form of an assignment of the HRA's mortgage on the property. This request was a
new term we were unaware of until review of the closing documents. Myself and the City's attorney
expressed the opinion that this security was not needed since Fannie Mae already had the most
perfected security, which was the City's pledge of it General Obligation taxing authority. Fannie Mae
stated that an assignment of mortgage was needed in order for the extension to be granted.
Upon discussion and review with legal counsel, providing the assignment does not increase the City's
risk in the deal. The only time Fannie Mae would foreclose on this mortgage is if the City does not
repay the loan, which is unlikely.
The remaining principle balance on the loan is $2,425,000 (after payment of the $75,000 toward
principle at closing on April 1, 2009). The term of the extension is to December 31, 2010 with
payments to be made as follows (only principle amounts shown, interest is due quarterly as well):
$175,000 on July 1, 2009
$200,000 on October 1, 2009
$200,000 on January 1, 2010
$200,000 on April 1, 2010
$200,000 on July 1, 2010
$1,250,000 by December 31, 2010
The loan will be repaid through land sale proceeds (estimated to be $1.5 million) and tax increment that
is generated when the developer capitalizes its PAYG TIF note when it commences with construction.
If the closing happens before, after or near a quarterly payment date, the proceeds have to be remitted
to Fannie Mae immediately and the remaining quarterly payment schedule stays in place as well (i.e.
closing happens November 1, 2009. On January 1, 2010 the City will still be required to make the
$200,000 principle payment and the quarterly interest payment that is due). As we finalize the required
7°i amendment to the Development Agreement (anticipated to come before the City and HRA on April
28, 2009), we will need to address future payments to Fannie Mae with the developer.
Please contact me at 651-697-8506 with any questions.
LEADERS IN PUBLIC FINANCE
306o Centre Pointe Drive Phone:651-697-85o6 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang@ehlers-inc.com
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF ST. ANTHONY VILLAGE
RESOLUTION NO. 09-007
RESOLUTION AUTHORIZING ASSIGNMENT OF MORTGAGE, ASSIGNMENT OF
LEASES AND RENTS AND FIXTURE FINANCING STATEMENT
CONCERNING EXTENSION OF CREDIT FACILITY
FROM FANNIE MAE
WHEREAS, on December 19, 2003, the City of St. Anthony (the "City") and the St. Anthony Housing and
Redevelopment Authority (the "Authority") executed a Development Agreement with Apache Redevelopment
LLC, with assignment of portions of the Development Agreement to Silver Lake Homes, LLC (together, the
"Developer") for redevelopment of the area now known as Silver Lake Village; and
WIIEREAS, according to Section 12.11 of the Development Agreement, the City and the Authority agreed
to obtain short term financing from Fannie Mae (the "Authority Loan") for the purpose of acquiring certain
commercial properties, relocating the tenants and demolishing those properties for redevelopment; and
WHEREAS, by Resolution No. 04-047, adopted June 8, 2004, the City approved entering into a loan with
Fannie Mae to provide the Authority Loan; and
WHEREAS, the City subsequently entered into a Credit Facility with Fannie Mae on August 27, 2004 (the
"Credit Facility"); and
WHEREAS, on December 11, 2007 the Council adopted Resolution No. 07-081 authorizing an extension
of the Credit Facility to December 12, 2008 and on December 8, 2008 the Council adopted Resolution No. 08-080
authorizing a further extension of the Credit Facility to December 31, 2010, due to delays in construction of the
Phase IB Development (as defined in the Development Agreement); and
WHEREAS, the Developer has granted a mortgage in favor of the Authority securing the Authority Loan
through December 31, 2010 (as amended, the "Mortgage"); and
WHEREAS, on April 1, 2009 Fannie Mae and the City closed on an extension of the Credit Facility
consistent with the terms authorized by the City Council in Resolution No. 08-080; and
WIIEREAS, as a condition to this extension, Fannie Mae has required that by April 15, 2009, the Authority
enter into an Assignment of Mortgage, Assignment of Leases and Rents and Fixture Financing Statement
substantially in the attached form.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of the City of St.
Anthony that the Chair and Executive Director are hereby authorized to enter into the Assignment of Mortgage,
Assignment of Leases and Rents and Fixture Financing Statement substantially in the attached form, dated as of
April 14, 2009.
Adopted this 14°i day of April, 2009.
Reviewed for Administration:
Chair
Executive Director
5
ASSIGNMENT OF MORTGAGE, ASSIGNMENT OF LEASES AND RENTS
AND FIXTURE FINANCING STATEMENT
KNOW ALL PERSONS BY THESE PRESENTS that THE HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, a public body
corporate and politic organized and existing under the laws of the State of Minnesota
("Assignor"), whose mailing address is 3301 Silver Lake Boulevard, St. Anthony, Minnesota,
55418, Attention: Executive Director, as of this 14th day of April, 2009, in consideration of the
sum of $1.00 and other good and valuable consideration, including the Assignee entering into
that certain Second Amendment to and Confirmation of Loan and Security Agreement dated as
of April 1, 2009 (the "Amendment"), between the City of St. Anthony, Minnesota (the "City"),
and the Assignee, and the forbearance by the Assignee against the City, which Amendment
materially benefits Assignor, the receipt and sufficiency of which are hereby acknowledged, does
hereby sell, assign, transfer and set over to FANNIE MAE, a corporation organized and existing
under the laws of the United States of America ("Assignee"), at 3900 Wisconsin Avenue, N.W.,
Washington, DC 20016 (or at such other place in the United States of America as Fannie Mae
may designate), its successors and assigns that certain Mortgage, Assignment of Leases and
Rents and Fixture Financing Statement executed by APACHE REDEVELOPMENT, LLC
("Borrower"), to Assignor dated September 10, 2004, filed for record in the office of the County
Recorder for Ramsey County, Minnesota (the "Ramsey County Recorder's Office"), on October
20, 2004, as Document No. 3801280, as amended by that certain First Amendment to Mortgage,
Assignment of Leases and Rents and Fixture Financing Statement dated February 12, 2008, and
filed for record in the Ramsey County Recorder's Office on March 5, 2008, as Document No.
4083151, and that certain Second Amendment to Mortgage, Assignment of Leases and Rents and
Fixture Financing Statement dated , 2009 and filed in the Ramsey County
Recorder's Office on , 2009 as Document No. (collectively, the
"Mortgage"), together with all rights and interests in the land therein described, in the
Redevelopment Agreement (as defined in the Mortgage) and obligations therein specified, and in
the debt thereby secured; and does hereby covenant with the Assignee, its successors and
assigns, that it has good right to sell, assign and transfer the same.
The Assignor hereby represents to and covenants with the Assignee that no other assignment of
Assignor's interest in the Mortgage has been made by the Assignor or the City.
A foreclosure of the Assignee's rights under this assignment shall be conducted in the same
manner as the foreclosure of mechanics' liens as described in Minnesota Statutes Chapter 514 or,
if this Assignment is deemed to be an interest in personal property governed by Article 9 of the
Uniform Commercial Code in effect in the State of Minnesota, MN. Stats. § 336.9-101, et seq.
(the "UCC"), then shall be conducted in accordance with Article 9 of the UCC.
THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT
ANTHONY
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 14th day of April, 2009, by
Jerome O. Faust, the Chair of THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF SAINT ANTHONY, a public body corporate and politic organized and existing
under the laws of the State of Minnesota, on behalf of the public body.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 14th day of April, 2009, by
Michael Mornson, the Executive Director of THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT ANTHONY, a public body corporate and politic
organized and existing under the laws of the State of Minnesota, on behalf of the public body.
This document was drafted by
and after recording, please return to:
Dorsey & Whitney LLP (GB)
Suite 1500
50 South Sixth Street
Minneapolis, MN 55402
Notary Public
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EXHIBIT A
Legal Description
That certain land situate in the State of Minnesota, County of Ramsey, and described as Lot 1
and Lot 2, Block 1, Huebsch Addition.
Permitted Encumbrances:
As to Lot 1:
1. Road way and utility easement in favor of Village of St. Anthony, filed August 9, 1962, as
Document No. 1569071.
2. Public road rights-of-way as traveled.
As to Lot 2:
1. Public road rights-of-way as traveled.
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4832-6453-5043/1 4/8/2009 10:30 AM