HomeMy WebLinkAboutCC PACKET 03222011H.R.A. meeting immediately
following Council meeting
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
March 22, 2011
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion. and Possible Action on All of the following items:
I. Approval of the March 22, 2011, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There hill be no separate discussion of these items unless a
Councilmember or citizen so requests, in which event the item hill be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of March 8, 2011, Council Meeting Minutes. (pp. 1 — 5)
B. Licenses and Permits. (pp. G — 7)
C. Claims. (pp. 8 —10)
IV. Public Hearing.
V. Reports from Commission and Staff.
A. Resolution 11-027; Supporting the Preliminary Concept of a Veteran's Memorial Monument within the City of
St. Anthony Village. Doug Koehntop, Park Commission Chair, presenting. (pp. 11 — 13)
VI. General Business of Council.
A. Resolution 11-028; Relating to $3,000,000 General Obligation Improvement Bonds, Series 2011A; 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'rhereof. Jon North, Ehlers & Associates,
presenting. (pp. 14 — 40)
B. Ordinance 11-001; Relating to Regulation of `Tobacco Sales, Amending Section 111 of the St. Anthony City
Code. Kim Moore Sykes, Assistant City Manager, presenting. Oi�r:rt reading) (pp. 41 — 53)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium,
sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to jive
minutes. Generally, the Cid Council will not take ofcial action on items discussed at this time, but may typically refer the matter to stafor
a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Ourll✓lrission is to be a progressive and livable community, a walkable village, which is safe and secure.
FACouncil Meetings12011\032220111agendapg#.doc
I
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MARCH 8, 2011
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mike Morrison, Finance Director Roger Larson, Police Chief John Ohl,
18 Public Works Director Jay Hartman, Hennepin County District Court Judge Mary
19 Vasaly, and Leah Slye (ISD #282 Board Member/Vice Chair and Chair, St. Anthony
20 New Brighton Endowment Foundation).
21
22
23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
24 ITEMS.
25
26 I. APPROVAL OF MARCH 8, 2011 CITY COUNCIL MEETING AGENDA.
27
28 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
29 Council Meeting Agenda of March 8, 2011.
30
31 Motion carried unanimously.
32
33 II. PROCLAMATIONS AND RECOGNITIONS.
34
35 A. Swearing In of Police Officer Kiel Rushton.
36
37 Mayor Faust conducted the official swearing in of Police Officer Kiel Rushton.
38
39 B. Update on Foundation. Leah Slye, member, presenting.
40
41 Mayor Faust introduced Leah Slye, ISD #282 Board Member and Vice Chair.
42
43 Ms. Slye presented an overview of the St. Anthony New Brighton Endowment Foundation, a
44 newly formed entity on which she serves as Chair. She stated that St. Anthony is fortunate to
45 have a nationally recognized school district that offers life -preparing skills to its students. She
46 indicated that the school district's funding from the State, which serves as its primary source of
47 income, has been lagging for several years and will continue to lag for the foreseeable future,
48 putting some programs at risk. She explained that the St. Anthony New Brighton Endowment
49 Foundation's philosophy is to provide a source of funds that will help keep key programs in
7
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10
11
12
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14
15
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17
18
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20
21
22
23
24
25
26
27
28
City Council Regular Meeting Minutes
March 8, 2011
Page 2
III.
IV.
29 V.
30
31
32
33 VI.
34
35
36
37
38
39
40
41
42
43
44
45
46
place and sustain the excellence of the school district's programs. She stated that the Foundation
received a $100,000 pledge from John Mondati with the provision that these funds be matched
within three years. She indicated that the School District website has a link to the St. Anthony
New Brighton Endowment Foundation.
Mayor Faust stated that the Foundation is a worthwhile cause that will help keep St. Anthony
schools strong and vibrant.
CONSENT AGENDA.
A. Consider February 22, 2011 Council meeting minutes;
B. Consider licenses and permits; and
C. Consider payment of claims.
Councilmember Stille requested that the third line of the first paragraph on page 4 of the
February 22, 2011 City Council meeting minutes be revised to reflect that the accurate amount of
the grant funding application is $600,000 and not $60,000. He also requested that the references
to Dominium be corrected to state "Dominion."
Motion was made by Councilmember Gray, seconded by Councilmember Jenson, to approve the
Consent Agenda items, as amended.
Motion carried unanimously.
PUBLIC HEARING.
None.
REPORTS FROM COMMISSION AND STAFF.
None.
GENERAL, BUSINESS OF COUNCIL.
A. Judge Mary Vasaly, Hennepin County Fourth Judicial District Court.
Mayor Faust stated that he requested a Hennepin County Judge provide remarks to the City
regarding the vital role of the court system and how budget cuts are having a negative impact on
communities. He introduced Mary Vasaly, Hennepin County District Court Judge, who was
appointed by Governor Pawlenty in 2010.
Judge Vasaly congratulated Police Officer Kiel Rushton and stated that law enforcement plays
an important role in the court's efforts to enforce the rule of law. She discussed the
repercussions of funding cuts and stated that these cuts impact anyone who uses the legal system,
including cities. She noted that the State's judicial system has been a good steward of the money
it receives and in 2001, the State Auditor conducted an analysis and found that Minnesota courts
2
City Council Regular Meeting Minutes
March 8, 2011
Page 3
1 handle 49% more cases than its surrounding states; in addition, the Hennepin County court
2 wanted to know whether it was handling cases appropriately within its budget and it was
3 determined that Hennepin County is handling 100% more cases than other large urban courts,
4 e.g., Phoenix. She stated that the court is currently funded at 91% of need but the caseload
5 remains the same and there are several open positions currently on the bench. She expressed
6 concern that further budget cuts will result in a serious inability to get the work done and address
7 grievances properly within the court system. She discussed the prioritization of cases within the
8 court system and how low level civil matters may need to be put on temporary hiatus which is
9 unfortunate because the payable citations in these cases represent monies that come back to St.
10 Anthony and other communities. She expressed her appreciation to the Council for the
11 opportunity to discuss the court system.
12
13 B. Finance Department 2010 Annual Report. Roger Larson, Finance Director, presenting.
14
15 Finance Director Larson presented the Finance Department's 2010 annual report. The report
16 covered the following information: Overview of Finance Department, Long Range Financial
17 Planning, Total Operations 2010 Budget, General Operating Levy, General Fund Balance, Debt
18 Service, Infrastructure Projects Finalized in 2010, Financial Strength, Water Rates, Sanitary
19 Waste Disposal Costs, Grants, and 2011 Projects.
20
21 Finance Director Larson answered questions of the City Council regarding the accountant
22 position in the Finance Department and stated that 75% of her duties are related to liquor store
23 operations, including tracking of expenditures, and her salary is reimbursed 100% by the liquor
24 operations budget.
25
26 Councilmember Stille pointed out that the City has worked hard to maintain a 0% increase in the
27 general operating levy for the past three years and that some capital improvement projects have
28 been delayed and salaries were not increased. He indicated that the City has always tried to
29 serve its residents to the best of its ability at the most cost-effective price, and has never imposed
30 the maximum levy available.
31
32 Finance Director Larson agreed and added that some capital equipment purchases have also been
33 deferred. He stated that rising fuel costs will need to be addressed in 2011 as well.
34
35 Councilmember Roth requested further information regarding the City's debt service.
36
37 Finance Director Larson stated that the City carries approximately $35 million in debt, which
38 includes some Series 2006 and Series 2007 revenue bonds; those bonds are funded by tax
39 increment dollars and are not all the responsibility of the taxpayer.
40
41 Mayor Faust commended Finance Director Larson and the Finance Department staff for their
42 efforts.
43
44 C. Public Works 2010 Annual Report. Jav Hartman, Public Works Director, presenting.
M
3
City Council Regular Meeting Minutes
March 8, 2011
Page 4
Public Works Director Hartman presented the Public Works' Department's 2010 annual report.
The report covered the following information: Public Works Mission Statement, Streets
Division, Parks Division, Water/Sewer Division, Vehicle Maintenance Division, City Buildings,
2010 Public Works Department Training, 2010 Street and Utility Improvement Projects, 2010
Mill and Overlay Project, 2010 Water Reuse Tank Cleaning and Inspection, Proposed 2011
Street and Utility Projects, 2010 Project Awards and Grants, and 2011 Projects and Events.
8 Public Works Director Hartman discussed this year's snow removal budget and stated that the
9 City has had almost double the amount of full snow events compared to prior years. He also
10 discussed the City's maintenance of vehicles and indicated that the oldest plow truck is 22 years
11 old; the City does not own any plow equipment that is newer than seven years.
12
13 Councilmember Stille expressed his appreciation to City staff for using cutting edge technology
14 as it relates to salt and sand.
15
16 Mayor Faust expressed the City Council's thanks and appreciation to the Public Works staff for
17 their efforts, particularly this winter.
18
19 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
20
21 City Manager Morrison reported on the following:
22 • City Council Regular Meeting on March 22 will include a first reading of the new
23 tobacco ordinance, as well as the bond sale for the 2011 street improvement project.
24 • April 25 — Residents can meet with the County Assessor regarding their property
25 valuations from 5:00-6:30 p.m. at City Hall.
26 • The Fire Chief has been meeting with Columbia Heights and Fridley to discuss
27 combining purchasing power for gear, computers, pagers, and/or fire trucks as a way to
28 save money. Staff is also looking at other vendors to see if additional money can be
29 saved.
30 • Ramsey County Emergency Division meeting regarding potential spring flooding.
31
32 Councilmember Roth reported on his attendance at the North Suburban Cable Commission
33 meeting last week. He stated that the Cable Commission has moved to its new location in
34 Roseville and the remodeling of the space is anticipated to be completed in July and there will be
35 an open house at the new facility. He reported that the North Suburban Cable Commission
36 discussed the contract renewal with Comcast and whether Comeast would be interested in
37 extending the current arrangement instead of going through the three year process of renewal.
38 He stated that Comcast has indicated it would be in the best interest of residents to review all the
39 technologies currently available to ensure citizens have the most competitive products available.
40 He added that scholarships are available through the North Suburban Cable Commission, in
41 conjunction with Comcast, to applicants who are receiving a degree in communications.
42 Information is available at www.etvnorthsuburban.org and applications are due April 8. He also
43 stated that CTV has an outstanding creative programming award with ten programs being
44 nominated. Residents can go to the website and place their vote for outstanding creative
45 programming before the end of the month.
46
City Council Regular Meeting Minutes
March 8, 2011
Page 5
1 Mayor Faust reported on the following:
2 • March 1, 2011, MWMO Executive Committee meeting.
3 • Minnesota Environmental Quality Board Coordinated Planning Group meeting at the
4 Pollution Control Agency regarding coordination of water reporting requirements.
5 • March 8, 2011, MWMO board meeting.
6
7 Councilmember Stille: No report.
8
9 Councilmember Gray: No report.
10
11 Councilmember Jenson: No report.
12
13 VIII. COMMUNITY FORUM.
14
15 Mayor Faust invited residents to come forward at this time and address the Council on items that
16 are not on the regular agenda.
17
18 Hearing none, Mayor Faust moved forward with the agenda.
19
20 IX. INFORMATION AND ANNOUNCEMENTS.
21
22 None.
23
24 X. ADJOURNMENT.
25
26 Mayor Faust adjourned the meeting at 9:02 p.m.
27
28
29 Respectfully submitted,
30
31
32 Barbara Hughes
33 TimeSaver Off Site Secretarial; Inc.
34
35 Mayor
36 ATTEST:
37 City Clerk
38
5
Saint Anthony Village
DATE:
March 22, 2011 Approved:
TO:
Mayor and Councilmembers
FROM:
License Clerk
ITEM:
License and Permits for Approval:
Barber, Farmington, MN
It Driveway, Maplewood, MN
's Greenhouse, St Paul, MN
m Heating & A/C, Spring Lake Park, MN
s HHH, Anoka, MN
Applicant: Freedom Valu Centers
Location: 3810 Silver Lake Rd
Applicant: Cub Foods
Location: 3930 Silver Lake Rd
National Entertainment Network
3800 Silver Lake Rd
3930 Silver Lake Rd
Applicant: Murphy's Service Center
Location: 3501 29`x' Ave
Applicant: St Anthony Wine & Spirits
Location: 2600 39`x' Ave
2700 Hwy 88
Moonlight Hookah
2900 Pentagon Dr
Walgreens
3700 Silver Lake Rd
Applicant: Freedom Valu Centers
Location: 3810 Silver Lake Rd
0
Allied Waste Services of North America, Circle Pines, MN
Walters Recycling & Refuse, Circle Pines, MN
Service Station License:
Applicant: Murphy's Service Center
Location: 350129' Ave
St Anthony Mobil
2801 Kenzie Ter
Freedom Valu Centers
3810 Silver Lake Rd
C J Enterprises
2600 39" Ave
2700 Hwy 88
3301 Silver Lake Rd
Applicant: National Entertainment Network
Location: 3800 Silver Lake Rd
7
US BANK
VENDOR #
ST. ANTHONY VILLAGE 8
CHECK REGISTER
PAYEE CHECK # DATE AMOUNT
9666 ALL FLAGS, LLC
14490
3/23/2011
$64.41
9256 ALLIED MEDICAL PRODUCTS
14491
3/23/2011
$243.00
9761 AMERICAN BOTTLING COMPAN
14492
3/23/2011
$104.40
9250 AMERICAN MESSAGING
14493
3/23/2011
$244.12
8450 ANIMAL CONTROL SERVICES,
14494
3/23/2011
$96.00
4687 ASPEN WASTE SYSTEMS INC
14495
3/23/2011
$77.53
9870 AUTOMATIC GD & FIREPLACE
14496
3/23/2011
$398.14
3714 B & F FASTENER SUPPLY
14497
3/23/2011
$3.54
320 BEISSWENGER'S
14498
3/23/2011
$23.92
4293 BELLBOY CORP.
14499
3/23/2011
$8,626.32
4662 BOURGET IMPORTS
14500
3/23/2011
$73.50
7168 BOYER TRUCKS, INC.
14501
3/23/2011
$17.40
7253 BRAKE & EQUIPMENT WAREHO
14502
3/23/2011
$85.97
4231 CAPITOL BEVERAGE SALES
14503
3/23/2011
$23,411.20
8291 CDW COMPUTER CENTER, INC
14504
3/23/2011
$560.50
4080 CHISAGO LAKES DISTRIBUTI
14505
3/23/2011
$3,835.98
660 CITY OF COLUMBIA HEIGHTS
14506
3/23/2011
$157.25
9056 CITY OF ROSEVILLE
14507
3/23/2011
$5,277.57
8814 CITY WIDE WINDOW SERVICE
14508
3/23/2011
$16.03
4095 COCA COLA BOTTLING COMPA
14509
3/23/2011
$343.00
741 CONNELLY ELECTRONICS
14510
3/23/2011
$3,739.09
9820 CRYSTAL SPRINGS ICE
14511
3/23/2011
$69.30
4110 DICKSON ELECTRIC
14512
3/23/2011
$3,289.00
7371 DISCOUNT STEEL, INC.
14513
3/23/2011
$18.81
8411 DRIVER & VEHICLE SERVICE
14514
3/23/2011
$40.00
4135 ELECTRO WATCHMAN INC
14515
3/23/2011
$686.34
9798 FERGUSON WATERWORKS
14516
3/23/2011
$130.09
8153 FILTERFRESH
14517
3/23/2011
$315.52
9236 FSH COMMUNICATIONS
14518
3/23/2011
$64.13
1030 G & K SERVICES INC
14519
3/23/2011
$548.85
9854 GOPHER STATE ONE CALL
14520
3/23/2011
$63.25
9102 GRAND PERE WINES, INC
14521
3/23/2011
$478.88
4172 GRAPE BEGINNINGS, INC.
14522
3/23/2011
$1,004.50
9169 HARBOR FREIGHT TOOLS
14523
3/23/2011
$12.79
1420 HAWKINS, INC
14524
3/23/2011
$5,380.66
8813 HEALTHPARTNERS
14525
3/23/2011
$2,167.58
8221 HEDBACK, ARENDT, KOHL
14526
3/23/2011
$5,000.00
8944 HENN CNTY INFO TECH DEPT
14527
3/23/2011
$664.58
1505 HENNEPIN COUNTY SHERIFF
14528
3/23/2011
$675.00
8987 HENNEPIN COUNTY TREASURE
14529
3/23/2011
$630.00
4207 HOHENSTEIN'S, INC
14530
3/23/2011
$4,991.97
8252 HOME DEPOT CREDIT SERVIC
14531
3/23/2011
$26.48
9225 HSBC BUSINESS SOLUTIONS
14532
3/23/2011
$68.49
9403 I -STATE TRUCK CENTER
14533
3/23/2011
$159.35
8658 INSTRUMENTAL RESEARCH, 1
14534
3/23/2011
$85.50
4125 JJ TAYLOR DISTRIBUTING
14535
3/23/2011
$30,206.89
4220 JOHNSON BROTHERS LIQUOR
14536
3/23/2011
$29,539.28
7352 KATH FUEL OIL SERVICE
14537
3/23/2011
$422.16
8434 LEAGUE OF MINNESOTA CITI
14538
3/23/2011
$40.00
9729 LIFT BRIDGE BEER CO.
14539
3/23/2011
$130.00
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
2040 LILLIE SUBURBAN NEWSPAPE
14540
3/23/2011
$64.50
8254 LMCIT % BERKLEY ADMINIST
14541
3/23/2011
$3,150.50
9114 M. AMUNDSON LLP
14542
3/23/2011
$2,154.69
9823 MAILFINANCE
14543
3/23/2011
$122.59
9716 MERCURY TECHNOLOGIES OF
14544
3/23/2011
$189.42
9868 MID AMERICA BUSINESS SYS
14545
3/23/2011
$224.48
8467 MIDWAY FORD
14546
3/23/2011
$60.73
9293 MINNESOTA REVENUE
14547
3/23/2011
$345.00
9195 MISTER CAR WASH
14548
3/23/2011
$177.07
9246 MN SOCIETY OF ARBORICULT
14549
3/23/2011
$40.00
4299 MPLS. OXYGEN CO.
14550
3/23/2011
$12.27
7370 MYERS TIRE -MINNEAPOLIS
14551
3/23/2011
$35.23
9869 NATIONAL TACTICAL OFFICE
14552
3/23/2011
$675.00
8883 NEW FRANCE WINE COMPANY
14553
3/23/2011
$287.00
5176 NORTH SUBURBAN COMMUNICA
14554
3/23/2011
$22,042.67
45 OFFICE DEPOT
14555
3/23/2011
$115.22
8528 PACE ANALYTICAL SERVICES
14556
3/23/2011
$285.00
9615 PAETEC
14557
3/23/2011
$93.28
4354 PAUSTIS & SONS
14558
3/23/2011
$5,223.92
4360 PHILLIPS WINE & SPIRITS
14559
3/23/2011
$8,994.97
4361 PINNACLE DIST.
14560
3/23/2011
$294.00
8851 POWERPLAN
14561
3/23/2011
$439.13
4385 QUALITY WINE CO
14562
3/23/2011
$43,635.29
4492 QWEST
14563
3/23/2011
$145.19
9119 RECHECK
14564
3/23/2011
$15.00
9230 ROYAL TIRE INC
14565
3/23/2011
$156.27
7155 SCHOLL/JEFFREY M
14566
3/23/2011
$31.22
8199 SIGNATURE CONCEPTS, INC.
14567
3/23/2011
$761.72
9843 SOUTHERN WINE & SPIRITS
14568
3/23/2011
$2,954.84
5306 SPRINGGSTED, INC.
14569
3/23/2011
$3,267.58
7072 ST ANTHONY CHAMBER OF CO
14570
3/23/2011
$220.00
3490 STREICHER'S
14571
3/23/2011
$122.90
4780 SURLY BREWING CO
14572
3/23/2011
$2,873.00
3260 T A SCHIFSKY & SONS
14573
3/23/2011
$701.72
9264 TAUTGES REDPATH, LTD.
14574
3/23/2011
$3,025.00
9432 TECH SALES CO
14575
3/23/2011
$380.00
7330 TRI STATE BOBCAT, INC.
14576
3123/2011
$383.03
8355 TWIN CITY AREA LABOR
14577
3/23/2011
$250.00
8449 TWIN CITY GARAGE DOOR
14578
3/23/2011
$339.50
9590 U.S. BANK (PURCHASING
14579
3/23/2011
$2,215.88
8336 UNITED ELECTRIC COMPANY
14580
3/23/2011
$93.52
9166 UNIVERSITY OF MINNESOTA
14581
3123/2011
$45.00
8227 VERIZON WIRELESS
14582
3/23/2011
$706.21
4451 VINOCOPIA
14583
3/23/2011
$90.50
9702 W.D. LARSON COMPANIES LT
14584
3/23/2011
$193.74
9366 WAL-MART BUSINESS CENTER
14585
3/23/2011
$738.49
4494 WASTE MANAGEMENT - BLAIN
14586
3/23/2011
$816.21
9497 WATER CONSERVATION SERVI
14587
3/23/2011
$430.00
8316 WINE COMPANY/THE
14588
3/23/2011
$2,460.70
8310 WINE MERCHANTS INC
14589
3/23/2011
$2,358.95
4175 WIRTZ BEVERAGE - (GRIGGS
14590
3/23/2011
$20,557.71
E
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE CHECK # DATE
9734 WIRTZ BEVERAGE MINNESOTA 14591 3/23/2011
2680 XCEL ENERGY 14592 3/23/2011
9711 Z WINES USA LLC
14593 3/23/2011
AMOUNT
$14,033.40
$7.42
$92.50
TOTAL $283,437.43
119
11
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
MICHAEL MORNSON, CITY MANAGER
SUBJECT:
VETERAN'S MEMORIAL MONUMENT
DATE:
MARCH 22, 2011
Attached is some of the information George Wagner presented to the Parks
Commission on March 14, 2011 and Doug Koehntop, Parks Commission Chair
presented to the City Council on March 22, 2011.
Examples of Veteran's Memorials
City of Gaylord
City of Rosemount
12
Note the reflection is the person
taking the picture.
City of Winona
For more information on Veteran's Memorials within !�
Minnesota, click on
http-//www.mdva.state.mn.us/memorials/monuments.htm w
this has a comprehensive list of all the cities and most of
them have photos.
City of Northfield
City of Worthington
4
i
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-027
A RESOLUTION SUPPORTING THE PRELIMINARY CONCEPT OF A
VETERAN'S MEMORIAL MONUMENT LOCATED WITHIN
THE CITY OF ST. ANTHONY VILLAGE
WHEREAS, the City of St. Anthony Parks Commission discussed a Veteran's
Memorial monument within the City of St. Anthony; and
WHEREAS, the Parks Commission Chair presented information to the St. Anthony
City Council at the March 22, 2011 City Council meeting; and
WHEREAS, the City Council of the City of St. Anthony supports the preliminary
concept of a Veterans Memorial monument located within the City of St.
Anthony.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
supports the preliminary concept of a Veterans Memorial monument located within
the City of St. Anthony.
Adopted this 22nd day of March, 201.1
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
F:ACounciI MCeti ngs\2011A0322201 IVes veterans nwmorial support.doe
13
14
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL MORNSON, CITY MANAGER
SUBJECT: 2011 G.O. BOND SALE
DATE: MARCH 22, 2011
Information regarding the March 22, 2011 G.O. Bond Sale will be distributed the
evening of the City Council meeting. The bid opening for the bond is taking
place on March 22nd. Please contact me if you have any questions.
15
CERTIFICATION OF MINUTES RELATING TO
$3,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A
Issuer: City of St. Anthony, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting held on March 22, 2011,
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 22
RESOLUTION 11-028
RESOLUTION RELATING TO $3,000,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIFS 2011A;
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.
WITNESS my hand officially as such recording officer this 22nd day of March, 2011.
Barb Suciu, City Clerk
It was reported that (_j proposals had been received prior to 10:00 A.M.,
Central Time today for the purchase of the $3,000,000 General Obligation Improvement Bonds,
Series 2011A 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:
Name of Bidder
Bid for Interest
Principal Rates
(See Attached)
(See Attached)
Total Interest
Cost -Net Average
Rate
16
17
Councilmember then introduced the following resolution
and moved its adoption:
RESOLUTION 11-028
RESOLUTION RELATING TO $3,000,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2011A;
AWARDING THE SALE, FIXING THE FORM AND DETAILS
AND PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND SECURITY THEREFOR AND LEVYING AD
VALOREM TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the
"City"), as follows:
Section 1. Recitals, Authorization and Sale of Bonds.
1.01. Authorization. This Council hereby determines that it is in the best interests of
the City to issue its $3,000,000 General Obligation Improvement Bonds, Series 2011A (the
`Bonds"), of the City (a) to finance various water, street and sewer improvements (the
"Improvements"); and (b) to refund in advance of maturity the 2012 through 2019 maturities,
aggregating $1,030,000 in principal amount, of the outstanding General Obligation Improvement
Bonds, Series 2003A, dated April 26, 2003 (the "Refunded Bonds"). The Refunded Bonds will
be redeemed on May 1, 2011 (the "Redemption Date").
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,
Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, U
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
11:
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.
1.05. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56,
the Improvements are hereby consolidated and joined as one project for purposes of financing.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2011A
No. R- $
Interest Rate Maturity Date of CUSIP
Original Issue
% February 1, 20 April _, 2011
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the
"City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the
registered owner named above, or registered assigns, the principal amount specified above, on
the maturity date specified above, with interest thereon from the date of original issue specified
above, or from the most recent interest payment date to which interest has been paid or duly
provided for, at the annual rate specified above. Interest hereon is payable on February 1 and
August 1 in each year, commencing August 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 Bond Trust Services Corporation, in Roseville,
Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its
successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $3,000,000 (the
"Bonds"), issued pursuant to a resolution adopted by the City Council on March 22, 2011 (the
"Resolution") to pay the cost of construction of local improvements and to provide funds to
refund certain general obligation bonds of the City issued to pay the cost of construction of local
improvements, and is issued pursuant to and in full conformity with the provisions of the
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Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapters 429 and 475. This Bond is payable primarily from the 201 IA Improvement
Bond Fund (the "Fund") of the City, but the City is required by law to pay maturing principal
hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are
insufficient therefor. 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.
Bonds maturing in the years 2012 through 2019 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in the
years 2020 and thereafter 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 by lot,
assigned in proportion to their principal amount, within any maturity, on February 1, 2019 and
on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus
interest accrued to the date of redemption.
[Bonds maturing on February 1, 20 are subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption
date, without premium, on February 1 in each of the years shown below, in an amount equal to
the following principal amounts:
Sinking Fund Aggregate
Payment Date Principal Amount
20 $
20 (maturity)
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,
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duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City according to 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 levied or agreed to levy special assessments on property specially benefited by the
local improvements and ad valorem taxes on all taxable property within the City, collectible in
the years and amounts required to produce sums not less than 5% in excess of the principal of
and interest on the Bonds as such principal and interest respectively become due, and has
appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section
429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the
Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in
the City without limitation as to rate or amount; and that the issuance of this Bond does not cause
the indebtedness of the City to exceed any charter, constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by the manual signature of a person authorized to sign on
its behalf.
IN 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 AUTIiENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
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Date of Authentication:
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota, as Bond Registrar
By.
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
in common
TEN ENT — — as tenants
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
UNIF TRANS MIN ACT....... Custodian...........
(Gust) (Minor)
under Uniform Transfers to
Minors
Act......................
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
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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.
22
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, Datink, of Bonds. The Bonds
shall be designated General Obligation Improvement Bonds, Series 2011 A, shall be originally
dated as of April 12, 2011, shall be in the denomination of $5,000 each, or any integral multiple
thereof, shall mature on February 1 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
April 12, 2011 until paid or duly called for redemption at the respective annual rates set forth
opposite such years and amounts, as follows:
Year
Amount Rate
Year
Amount Rate
2012
$125,000
2020
$125,000
2013
234,000
2021
130,000
2014
240,000
2022
135,000
2015
240,000
2023
140,000
2016
245,000
2024
145,000
2017
250,000
2025
150,000
2018
260,000
2026
155,000
2019
265,000
2027
160,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
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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.
3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and
August 1 in each year, commencing February 1, 2012, 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) Re >ister. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any
Bond duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount
and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount, interest rate and maturity, as requested by the
registered owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall
be promptly cancelled by the Registrar and thereafter disposed of as directed by the 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
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all other purposes, and all such payments so made to any such registered owner or upon
the owner's order shall be valid and effectual to satisfy and discharge the liability of the
City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar may impose
a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, interest rate, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu of and in
substitution for any such Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case
of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory
to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon
receipt by the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence
of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its terms, it
shall not be necessary to issue a new Bond prior to payment.
(i) Authenticating Ate. 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 Bond Trust Services
Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Manager are
authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services
Corporation, as Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar. The 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 City Finance Director shall transmit
to the Registrar from the 2011A Improvement Bond Fund described in Section 5.02 hereof,
moneys sufficient for the payment of all principal and interest then due.
Redemption. (a) Bonds maturing in the years 2012 through 2019 shall not be subject to
redemption prior to maturity, but Bonds maturing in the years 2020 and thereafter shall each be
subject to redemption and prepayment, at the option of the City, 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
In
25
selected by the Registrar by lot, on February 1, 2019 and on any date thereafter at a price equal
to the principal amount thereof to be redeemed plus interest accrued to the date of redemption.
[(b) Bonds maturing on February 1, 20 (the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
3.05 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on February 1 in each of the following years the following
stated principal amounts of such Bonds:
Year Amount
20
20—*
*Final Maturity]
(c) At least thirty days prior to the date set for redemption of any Bond, the City
Administrator 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.
In addition to the notice prescribed by the preceding paragraph, the City shall also give,
or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least
35 days before the redemption date by certified mail or telecopy to the Purchaser and all
registered securities depositories then in the business of holding substantial amounts of
obligations of the character of the Bonds and one or more national information services that
disseminate information regarding municipal bond redemptions; provided that any defect in or
any failure to give any notice of redemption prescribed by this paragraph shall not affect the
validity of the proceedings for the redemption of any Bond or portion thereof.
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, upon surrender of
such Bond to the Registrar, one or more new Bonds of such same series in authorized
denominations equal in principal amount to the unredeemed portion of the Bond so surrendered.
3.05. Preparation and Delivery. The Bonds shall be prepared under the direction of the
City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the
City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles
thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on
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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.
3.06. 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
or required to be given to owners of Bonds under this resolution, with respect to the selection by
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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. Use of Proceeds. Upon payment for the Bonds by the Purchaser, the City
Finance Director shall deposit and apply the proceeds of the Bonds as follows:
(a) $ shall be deposited in the Construction Fund created pursuant
Section 5.01 hereof; and
(b) $ _ to the sinking fund established for the Refunded Bonds to be
applied to their redemption and prepayment on the Redemption Date; and the remaining
proceeds of the bonds shall be applied to pay costs of issuance of the Bonds.
Section 5. Security Provisions.
5.01. 2011A Improvement Construction Fund. There is hereby created a special
bookkeeping fund to be designated as the "2010 Improvement Construction Fund" (the
"Construction Fund"), to be held and administered by the City Finance Director separate and
W.
apart from all other funds of the City. The City appropriates to the Construction Fund (a) the
proceeds of the sale of the Bonds to be deposited therein as specified in Section 4, and (b) all
collections of special assessments levied for the Improvements until completion and payment of
all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of
the Improvements, including but not limited to the transfer to the Bond Fund, created in Section
5.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the
Bonds prior to the completion and payment of all costs of the Improvements and the payment of
the expenses incurred by the City in connection with the issuance of the Bonds set forth in
Section 10 hereof. Upon completion and payment of all costs of the Improvements, any balance
of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in
whole or in part, of any other improvements instituted pursuant to the Act, as directed by the
City Council, but any balance of such proceeds not so used shall be credited and paid to the
I3ond Fund.
5.02. 2011 A Improvement Bond Fund. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the Finance Director shall maintain a separate
and special bookkeeping fund designated "2011 A Improvement Bond Fund" (the "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 Bond Fund is at any time insufficient to pay
all interest and principal then due on all bonds payable therefrom, the payment shall be made
from any fund of the City which is available for that purpose, subject to reimbursement from the
Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it
will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency,
which levy is not subject to any constitutional or statutory tax limitation.
5.03. Additional Bonds. The City reserves the right to issue additional bonds payable
from the Bond Fund as may be required to finance costs of the Improvements not financed
hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy
or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if
any, which, together with other moneys or revenues pledged for the payment of said additional
obligations, will produce revenues at least five percent (5%) in excess of the amount needed to
pay when due the principal and interest on all bonds payable from the Bond Fund. The
additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or
agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided
by Minnesota Statutes, Section 475.61.
5.04. Levy of Special Assessments. The City hereby covenants and agrees that for
payment of the cost of each of the Improvements it will do and perform all acts and things
necessary for the full and valid levy of special assessments against all assessable lots, tracts and
parcels of land benefited thereby and located within the area proposed to be assessed therefor,
based upon the benefits received by each such lot, tract or parcel, in an aggregate principal
amount not less than twenty percent (20%) of the cost of the Improvements. In the event that
any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of
land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by
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
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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
principal amount of $ payable in not more than 10 installments, the first installment
to be collectible with taxes during the year 2011, and that deferred installments shall bear interest
at the rate of % per annum from the date of the resolution levying said assessment until
December 31 of the year in which the installment is payable.
5.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are
irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds
as the same become respectively due. For the purpose there is hereby levied upon all of the
taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax
rolls prepared in each of the following years and collected with other taxes in the following years
and amounts as follows:
Levy Years
Collection Years Amount
2011
2012
2012
2013
2013
2014
2014
2015
2015
2016
2016
2017
2017
2018
2018
2019
2019
2020
2020
2021
2021
2022
2022
2023
2023
2024
2024
2025
2025
2026
2026
2027
The foregoing tax levies are such that if collected in full they will produce at least five
percent (5%) in excess of the amount needed to pay when due the principal of and interest on the
Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds
are outstanding and unpaid; provided that the City reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61.
5.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably
pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the
Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants
contained in this resolution. It is estimated that the taxes and special assessments levied and to
be levied for the payment of the Improvements will be collected in amounts not less than five
percent (5%) in excess of the annual principal and interest requirements of the Bonds. If the
money on hand in the Bond Fund should at any time be insufficient for the payment of principal
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and interest then due, this City shall pay the principal and interest out of any fund of the City,
and such other fund or funds shall be reimbursed therefor when sufficient money is available to
the Bond Fund. If on February 1 in any year the sum of the balance in the Bond Fund plus the
amount of taxes and special assessments theretofore levied for the Improvements and collectible
through the end of the following calendar year is not sufficient to pay when due all principal and
interest become due on all Bonds payable therefrom in said following calendar year, or the Bond
Fund has incurred a deficiency in the manner provided in this Section 5.06, a direct, irrepealable,
ad valorem tax shall be levied on all taxable property within the corporate limits of the City for
the purpose of restoring such accumulated or anticipated deficiency in accordance with the
provisions of this resolution.
Section 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,
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.
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7.03. Covenant. The City covenants and agrees with the holders from time to time of
the Bonds that it will not take or permit to be taken by any of its officers, employees or agents
any action which would cause the interest on the Bonds to become subject to taxation under the
Internal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated
thereunder (the "Regulations"), as such are enacted or promulgated and in effect on the date of
issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the
interest on the Bonds will not become subject to taxation under such Code and Regulations. The
Improvements and any other improvements financed pursuant to Section 5.01 will be owned and
maintained by the City and available for use by members of the general public on a substantially
equal basis. The City shall not enter into any lease, use or other agreement with any non-
governmental person relating to the use of such improvements or security for the payment of the
Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan
bonds" within the meaning of Section 141 of the Code.
Arbitrage Rebate. Exemption from Rebate Requirement. For purposes of
complying with the requirements of Section 148(f)(4)(D) of the Code relating to the exemption
of certain small governmental units from the rebate requirements of the Code, the City represents
that with respect to the portion of the Bonds issued to finance the Improvements (the "New
Money Bonds"):
(i) the City is a governmental unit with general taxing powers;
(ii) the New Money Bonds are not "private activity bonds" as defined in
Section 141 of the Code ("Private Activity Bonds");
(iii) ninety-five percent of the net proceeds of the New Money Bonds are to be
used for the local governmental purposes of the City; and
(iv) the aggregate face amount of all tax-exempt bonds (other than Private
Activity Bonds and refunding bonds not taken into account under Section
148(f)(4)(D)(i)(IV) of the Code pursuant to Section 148(f)(4)(D)(iii) of the
Code) issued by the City in 2011 is not reasonably expected to exceed
$5,000,000.
Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall
not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of
Section 148(f) of the Code with respect to the New Money Bonds.
It is hereby determined that the Bonds issued to refund the Refunded Bonds qualify for
the "small issuer" exemption from arbitrage rebate set forth in Section 148(f)(4)(D) of the Code,
as modified by Section 148(f)(4)(D)(v) of the Code since:
(i) the Refunded Bonds qualified for the exception from arbitrage rebate
provided by Section 148(f)(4)(D)(i) of the Code;
(ii) the aggregate face amount of the bonds issued to refund the Refunded
Bonds does not exceed $5,000,000;
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(iii) the average maturity of the Bonds issued to refund the Refunded Bonds
does not exceed the remaining weighted average maturity of the Refunded
Bonds; and
(iv) no Bond has a maturity date which is later than the date which is 30 years
after the date the Refunded Bonds were issued.
Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall
not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of
Section 148(f) of the Code with respect to the portion of the Bonds issued to refund the
Refunded Bonds.
7.04. 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 2011 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 $10,000,000, 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.
7.05. Official Statement. The Official Statement relating to the Bonds, dated March 10,
2011, 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.
The City has complied in all material respects with any undertaking previously entered
into by it under the Rule. 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 (i) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of the
Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any
particular time with reference to Bonds means all Bands 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, 2011 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
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Accounting Standards Board or as otherwise provided under Minnesota
law, as in effect from time to time, or, if and to the extent such financial
statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control
of the City, noting the discrepancies therefrom and the effect thereof, and
certified as to accuracy and completeness in all material respects by the
fiscal officer of the City; and
(B) To the extent not included in the financial statements referred
to in paragraph (A) hereof, the information for such fiscal year or for the
period most recently available of the type 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 &
Collections; Population Trend; and 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 (c) 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 "MSRB"). The City shall clearly identify in the
Disclosure Information each document so incorporated by reference.
If any part of the Disclosure Information can no longer be generated because the
operations of the City have materially changed or been discontinued, such Disclosure
Information need no longer be provided if the City includes in the Disclosure Information a
statement to such effect; provided, however, if such operations have been replaced by other City
operations in respect of which data is not included in the Disclosure Information and the City
determines that certain specified data regarding such replacement operations would be a Material
Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure
Information shall include such additional specified data regarding the replacement operations.
If the Disclosure Information is changed or this Section 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.
IFE
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(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events (each, a "Material Fact'):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-
TEB) or other material notices or determinations with respect to the tax status of
the Bonds, or other material events affecting the tax status of the Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the obligated
person, other than in the ordinary course of business, the entry into a definitive
agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material
and
(N) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
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.
For the purposes of the event identified in (L) hereinabove, the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar
officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the obligated person, or if such
jurisdiction has been assumed by leaving the existing governmental body and officials or officers
in possession but subject to the supervision and orders of a court or governmental authority, or
the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court
or governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the obligated person.
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(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);
(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 paragraphs (1), (2) and (3) of
subsection (b), to the MSRB through EMMA;
(2) the information described in subsection (b) to any rating agency
then maintaining a rating of the Bonds at the request of the City and, at the
expense of such Bondowner, to any Bondowner who requests in writing such
information, at the time of transmission under paragraph (1) of this subsection (c),
or, if such information is transmitted with a subsequent time of release, at the time
such information is to be released;
(3) all documents provided to the MSRB shall be accompanied by
identifying information as prescribed by the MSRB.
(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.
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(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 Administrator of the City accompanied by an opinion of
Bond Counsel, who may rely on certificates of the City and others and the opinion may be
subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is
made in connection with a change in circumstances that arises from a change in law or regulation
or a change in the identity, nature or status of the City or the type of operations conducted by the
City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule;
(ii) this Section 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. Redemption of Refunded Bonds. All of the Refunded Bonds shall be
called for redemption on the Redemption Date, and the City Manager is hereby authorized and
directed to take all actions necessary to redeem the Refunded Bonds on the Redemption Date.
Section 10. 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 Klein Bank, on the closing date for further distribution as directed by the
City's financial advisor, Ehlers & Associates, Inc.
Attest:
City Clerk
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Mayor
37
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.
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COUNTY AUDITOR'S CERTIFICATE AS TO
R1GISTRATION 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 March 22,
2011, awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $3,000,000 General Obligation Improvement Bonds, Series 2011 A, of the City, to be
dated, as of April 12, 2011 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 2011.
Hennepin County Auditor
(SEAL)
39
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CI'T'Y 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 March 22,
2011, awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $3,000,000 General Obligation Improvement Bonds, Series 2011 A, of the City, to be
dated, as of April 12, 2011 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 _, 2011.
Ramsey County Auditor
(SEAL)
^1
STAFF REPORT
To: Michael J. Mornson, City Manager
Mayor and City Council
From: Kim Moore -Sykes, Assistant City Manager
Date: March 22, 2011
Subject: Tobacco Ordinance Amendments
In 2007, Governor Pawlenty signed an amendment to the Freedom to Breath Act that allowed sampling of
tobacco and tobacco -related products in the tobacco shop. Also as a part of the amendment, local
jurisdictions were given the authority to adopt amendments to their local ordinances that could be more
restrictive.
On June 22, 2010, the City Council adopted a moratorium so that the City could have time to study
sampling in tobacco shops in St. Anthony. The City had two smoking lounges open as the result of the
amendment to the Freedom to Breathe Act. The moratorium also provided an opportunity to update the
City's existing tobacco ordinance to include all tobacco products and not just cigarettes as it currently does.
The City Attorney has also reviewed the proposed revisions and attached is a letter from Mr. Gilligan
responding to the questions raised by Council and Staff regarding the proposed amendments to the City's
current Cigarettes Ordinance.
The timeline below was proposed by City Staff and approved by City Council. Notices of proposed
changes to the City's ordinance were mailed to all of the tobacco vendors in the City of St. Anthony. In
addition, a second notice of the proposed amendments to the City's tobacco ordinance was mailed to all
tobacco vendors on February 24, 2011.
The City Council has scheduled three (3) readings for the ordinance amendments.
Feb.10, 2011 30 -Day Notice due to tobacco retailers notifying them of a proposed change to
the City's Tobacco Ordinance. Second Notice sent on February 24, 2011.
Feb.15, 2011 License Renewal Notice sent to tobacco retailers advising them that they are
required to renew their tobacco license by March 15, 2011. Staff proposes
that this notice and the 30- Day Notice be sent together in the same mailing.
Staff further suggests that the 30 -Day Notice be printed on colored paper to
differentiate this notice from the Licensure Notice.
March 22, 2011 First Reading of the proposed amendments to the Tobacco Ordinance.
April 12, 2011 Second Reading of the proposed amendments to the Tobacco Ordinance.
April 26, 2011 Third Reading of the proposed amendments to the Tobacco Ordinance.
C:\Documents and Settings\barb.suciu\Local Settings\'remporary Internet files\01,K24\03222011 tobacco ordinance stf rpt.doc0322201 I
tobacco ordinance stf rpt
W
The following is a summary of the changes proposed for the City's Tobacco Ordinance:
§ 111.044
— Recitals
§111.045
— Purpose
§ 111.044
— Definitions; Moveable Place of Business & Tobacco or Tobacco Products
§ 111.047 (B) (2)
— Action & (8) Renewals
§111.049
— Subsection (f), Basis for denial of Ordinance
§ 111.052 (A)
— Self -Service Sales
§ 111.057
— Specific Operations Standards.
Attachments.
• City Attorney Letter, January 4, 2011
• List of current Tobacco License Holders
• Copy of the Notice Regarding Proposed Amendments to City of St. Anthony Tobacco
Ordinance
C:\Doeuments and Settings\barb.sueiu\Local SettingsUcinporary Internet files\01,K24\03222011 tobacco ordinance stf rpt.doc0322201 I
tobacco ordinance stfipt
(, � D0RSEYw 43
DORSEY & WHITNEY LLP
JEROME P. OILLIOAN
(612)340-2962
FAX (612) 340-3643
gUligan.jerome@dorsey.com
January 4, 2011
Mr. Michael Momson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re; Restrictions on Smoking in Tobacco Products Shop
Dear Mr. Mornson:
An exception to the ban on smoking in public places is contained in Minnesota Statutes,
Section 144.4167, Subd. 4, and permits the lighting of tobacco in a tobacco products shop by a
customer or potential customer for the specific purpose of sampling tobacco products. However,
Minnesota Statutes, Section 144.417, provides that nothing in Minnesota Statutes, Sections
144.414 to 144.417 prohibits the City from enacting.and enforcing more stringent measures to
protect individuals from secondhand smoke, and pursuant to this authority the City is considering
amendments to its tobacco ordinance to prohibit or restrict smoking in tobacco products shops.
While the City is studying whether to amend the ordinance it has imposed a moratorium on the
issuance of new licenses for paper and tobacco shops.
In connection with considering the amendments to the tobacco ordinance I understand
that questions have been raised as to how to deal with the two existing tobacco products shops
where sampling is presently occurring. In my opinion the City could prohibit smoking in these
shops either as of the effective date of the ordinance or as of a future date specified in the
ordinance. Just because smoking is presently occurring in these shops does not preclude the City
from prohibiting smoking in these shops under the authority in Minnesota Statutes, Section
144.417. This is similar to the smoking ban in bars and restaurants that was imposed by certain
cities and counties prior to the state-wide smoking ban becoming effective in 2007.
In lieu of prohibiting smoking in existing tobacco products shops the City could
grandfather these shops from the smoking ban subject to certain conditions or rules specified in
the ordinance, and so long as such shop remains opened and licensed and the conditions are
complied with, smoking will continue to be permitted. If the conditions in the ordinance are
violated the right to the sampling of tobacco products in the shop can be revoked or suspended
upon notice and opportunity for a hearing similar to that provided in Section 111.056 of the City
Code.
The moratorium imposed by the City for the issuance of new paper and tobacco licenses
was for one year or until terminated by the City Council. One year is the maximum term of this
DORSEY & WHITNEY LLP • WWW.DORSEY.COM - T 612.340.2600 • F 612,340.9868
SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402.1498
.USA CANADA BUROPE ASIA-PACIMC
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Mi. Wehael Mornson
January 4, 2011
Page 2'
type of moratorium under state law. If the moratorium is in effect when the City Council
approves the amendments to the tobacco ordinance, the City Council should also adopt an
ordinance at that time terminating the moratorium.
Should you have any questions please give me a call.
Yours Tral
Je me P. Gilligan
JPG/pmh
DORSEY 8 WHITNEY UP
CITY OF
ST. ANTHONY VILLAGE
TOBACCO LICENSES
Current License Holders:
1. Murphy Service Center, 3501 - 29th Avenue
2. Stop & Go, 2400 - 37d) Avene
3. St. Anthony Village Wine & Spirits, 2602 - 39th Avenue
4. St. Anthony Village Wine & Spirits, 2700 Hwy 88
5. Moonlight Hookah, 2900 Pentagon Drive
6. Walgreens, 3800 Silver Lake Road
7. Wal*Mart, 3800 Silver Lake Road
8. Freedom Value Service Center, 3810 Silver Lake Road
9. Cub Foods, 3930 Silver Lake Road
10. Mini Mart, 3259 Stinson Boulevard
11. Flamezz Hookah, 3811 Stinson Boulevard
F:\Staff Reports\2011\Tobacco Licensees 2011.doc
45
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i la te
NOTICE
February 7, 2011
February 24, 2011
RE: Proposed Amendments to City of St. Anthony Tobacco Ordinance
This 30 -Day Notice hereby notifies you that the City of St. Anthony is proposing to amend its current
tobacco ordinance and will be considering these amendments at three (3) Readings at City Council
meetings. These readings are scheduled for the following dates and times:
Tuesday, March 22, 2011, Council Meeting, 7:00pm. First Reading of the proposed
Amendments to the City's Tobacco Ordinance at City Hall.
2. Tuesday, April 12, 2011, Council Meeting, 7:00pm. Second Reading of the proposed
Amendments to the City's Tobacco Ordinance at City Hall,
3. Tuesday, April 26, 2011, Council Meeting, 7:00pm. Third (Final) Reading of the
proposed Amendments to the City's Tobacco Ordinance at City Hall.
The amendments that the City is proposing to City Code include:
Chapter 111.046 DEFINITIONS. Proposed amendment to update current definition of
tobacco or tobacco products to include any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed but does not include any cessation product approved by the US
Food and Drug Administration.
2. Chapter 111.049 BASIS FOR DENIAL OF LICENSE. Proposed amendment to this subsection
with the addition of (F) Nonpayment by the property owner and/or applicant of any fees
or charges due and owing to the City and or County, including but not limited to utilities
and property taxes.
3. Chapter 111,057 SPECIFIC OPERATIONAL STANDARDS. Proposed new subdivision to the
Tobacco Ordinance that makes it unlawful for the lighting, inhalation or combination
thereof of tobacco, tobacco products, or tobacco related devices for the purpose of testing
or sampling a tobacco product prior to the sale of such product.
Miscellaneous grammatical corrections.
If you have any questions concerning this Notice, please contact Kim Moore -Sykes, Assistant City
Manager at 612-782-3312.
47
CITY OF ST. ANTHONY VILLAGE
ORDINANCE 2011-001
AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES,
AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE
0W 4 RE TIES TOBACCO REGULATIONS
§ 111.044 RECITALS. The Minnesota Legislature has enacted the Minnesota Clean Air
Act (Minnesota Statutes, Sections 144.411 to 144.417), the purpose of which is to protect
employees and the general public from the hazards of secondhand smoke by eliminating smoking
in public places, places of employment, public transportation and at public meetings, and nothing
in the Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent
measures to protect individuals from secondhand smoke. Pursuant to this authority and for the
purpose of protecting individuals from the hazards of secondhand smoke the City has determined
to prohibit the lighting of tobacco in a retail establishment by a customer or potential customer for
the purpose of sampling tobacco products.
§ 111.045 PURPOSE.
The City recognizes that many person under the age of 18 years purchase or otherwise
obtain, possess, and use tobacco. Tobacco products, and tobacco related devices, the sales,
possession, and use are violations of both state and federal laws. The City further recognizes the
public health hazards of exposure of individuals to secondhand smoke. This subchapter is
intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco
related devices for the purpose of enforcing and furthering existing laws, to protect minors
against the serious effects associated with the illegal use of tobacco, tobacco products, and
tobacco related devices, to protect individuals from the hazards of secondhand smoke, and to
further the official public policy of the State of Minnesota as stated in M.S. § 144.391 and
M. S. § 144.412 , as may be amended from time to time. (1993 Code, § 510.01)
§ 111.046 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS The process the City uses to investigate and ensure those
authorized to sell tobacco, tobacco products, or tobacco related devices are complying with the
requirements of this subchapter. COMPLIANCE CHECKS shall involve minors who are
authorized by this subchapter, state and federal regulations and who attempt to purchase tobacco,
tobacco products, or tobacco related devices for educational, research, and training purposes, and
for the enforcement of the aforementioned city, state, and federal regulations pertaining to
tobacco, tobacco products, and tobacco related devices.
INDIVIDUALLYPACKAGED. The practice of selling any tobacco or tobacco product
wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,
but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and
single cans or other packaging for snuff or chewing tobacco. Cartons or other packaging
containing more than a single pack or other container as described in this definition shall not be
considered INDIVID UA LL Y PA CKA GED.
LOOSIES. Common term referring to a single or individually packaged cigarette.
MINOR. Any person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck,
van, automobile, or other type of vehicle of or transportable shelter and not a fixed address store
front or other permanent type of structure authorized for sales transaction.
RETAIL ESTABLISHMENT Any place of business where tobacco, tobacco products
or tobacco related devices are available for sale to the general public. RETAIL
ESTABLISHMENTS shall include, but not limited to, grocery stores, convenience stores, and
restaurants.
SALE. Any transfer of goods for money, trade, barter, or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, or
tobacco related devices in any manner where any person shall have access to the tobacco, tobacco
products, or tobacco related devices, without the assistance or intervention of the licensee or the
licensee's employee. The assistance or intervention shall entail the actual physical exchange of
tobacco, tobacco product, or tobacco related device between the customer and the licensee or
employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
TOBACCO or TOBACCO PRODUCTS Any substance or item containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff; fine cut or
other chewing tobacco; dipping tobacco; snus; bidis, or any other preparation of tobacco;
cheroots; stogies, perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking
tobacco; and any product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation
that the product or matter will be introduced into the human body, but does not include any
cessation product approved by the United States Food and Drug Administration for use as a
medical treatment to reduce and eliminate nicotine or tobacco dependence.
TOBACCO RELATED DEVICES. Any tobacco product as well as a pipe, rolling
papers, or other device intentionally designed or intended to be used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
VENDING MACHINE. Any mechanical, electric, or electronic, or other type of device
which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of
money, tokens, or other forms of payment directly into the machine by the person seeking to
purchase the tobacco, tobacco product, or tobacco related device.
(1993 Code, § 510.02)
§ 111.047 LICENSE REQUIRED.
(A) Generally. No person may directly or indirectly or by means of any device keep for
retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco
products, or tobacco related devices, at any place in the City unless a license has first
been issued by the City Council as provided in this section.
2
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(B) Specifically.
(1) Application. An application for a license to sell tobacco, tobacco products,
and tobacco related devices shall be made on a form provided by the City. The
application shall contain the full name of the applicant, the applicant's residential and
business addresses, and telephone numbers, the name of the business for which the
license is sought, and any additional information the City deems necessary.
(2) Action. The City Council may either approve or deny the license, or it may
delay action for any reasonable period of time as necessary to complete any
investigation of the application or the applicant that it deems necessary. If the City
Council approves the application, the Weensing CleA City shall issue the license
to the applicant. If the City Council denies the application, notice of the denial shall
be given to the applicant along with notice of the applicant's right to appeal the City
Council's decision.
(3) Term. All licenses issued under this subchapter shall be valid for 1 calendar
year from the date of March 15.
(4) Revocation or suspension. Any license issued under this subchapter may be
revoked or suspended as provided in § 111.056.
(5) Transfers. All licenses issued under this section shall be valid only on the
premises for which the license was issued and only for the person to whom the license
was issued. No transfer of any license to any other location or person shall be valid
without the prior approval of the City Council.
(6) Moveable place of business. No license shall be issued to a moveable place
of business. Only fixed location businesses shall be eligible to be licensed under this
subchapter.
(7) Display. All licenses shall be posted and displayed in plain view of the
general public on the licensed premises.
(8) Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall
be made at least 30 days prior, but no more than 60 days before the expiration of the
current license. The license holder is not entitled to an automatic renewal of the
license. (1993 Code, § 510.05) Penalty, see § 10.99
§ 111.048 FEE.
If an application is granted by the City Council, a license will be issued by the Licensing
Clerk upon payment in full, of the fee required under Chapter 33.
(1993 Code, § 510.05)
§ 111.049 13ASIS FOR DENIAL OF LICENSE.
The following shall be grounds for denying the issuance of or renewal of a license raider
this subchapter; if a license is mistakenly issued or renewed to a person, it shall be revoked upon
the discovery that the person was ineligible for the license under this section.
(A) The applicant is under the age of 18 years of age;
(B) The applicant has been convicted within the past 5 years of any violation of a
federal, state, or local law, ordinance provision, or other regulation relating to tobacco
products, or tobacco related devices.
(C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related
devices revoked within the preceding 12 months of the date of application.
(D) The applicant fails to provide any information required on the application, or
provides false or misleading information.
(E) The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license. (1993 Code, §510.06)
(F) Nonpayment by the property owner and/or applicant of any fees or charges owed to
the City and/or county, including but not limited to utilities and property taxes.
§ 111.50 PROHIBITED SALES.
It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco,
tobacco product, or tobacco related device:
(A) To an minor;
(B) By a vending machine, in violation of § 111.051;
(C) By self-service methods in violation of § 111.052;
(D) As "loosies", as defined in § 111.046;
(E) If the tobacco or tobacco products contain opium, morphine, jimsonweed,
belladonna, strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled
substances except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process; and/or
(F) To any other person, in any other manner or form prohibited by federal or state law
or regulation, or by local ordinance.
(1993 Code, § 510.07) Penalty, see § 10.99
§ 111.051 VENDING MACHINES.
It shall be unlawful for any person licensed under this code to allow the sale of tobacco,
tobacco products, or tobacco related devices by the means of a vending machine unless minors
are at all times prohibited from entering the licensed establishment.
(1993 Code, § 510.08) Penalty, see § 10.99
11
50
51
§ 111.052 SELF-SERVICE SALES.
(A) It shall be unlawful for a licensee under this code to allow the sale of single
packages of cigarettes or smokeless tobacco if the customer may have access to the items without
having to request the item from the licensee of or the licensee's employees and if there is not a
physical exchange of the single packages of cigarettes or smokeless tobacco between the licensee
or the licensee's clerk and the customer. All single packs of cigarettes or smokeless tobacco shall
either be stored behind a counter, in a case or other storage unit not left open and accessible to the
general public, or otherwise are not freely accessible to customers. Any retailer selling single
packs of cigarettes or smokeless tobacco at the time of adoption of this subchapter, shall have 60
days to comply with this section.
(B) At such time as the FDA regulations regarding self-service of tobacco products
are adopted, those provision shall be adopted by reference and supercede the current self-service
language of this section.
(1993 Code, § 510.09) Penalty, see § 10.99
§ 111.053 RESPONSIBILITY
All licensees under this subchapter shall be responsible for the actions of their employees
in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed
premises, and the sale of such an item by an employee shall be considered a sale by the license
holder. Nothing in this subchapter shall be construed as prohibiting the City from also subjecting
the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or other
applicable law or regulation.
(1993 Code, §510.10)
§ 111.054 COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the Police Department or other
authorized city official during regular business horns. At least once per year, the City shall
conduct compliance checks by engaging, with the written consent of their parents or guardians,
minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt to
purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checks shall be supervised by City designated law enforcement officers or other
designated City personnel. Minors used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products or tobacco related devices when the items are obtained as
a part of the compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance
check shall answer all questions about the minor's age asked by the licensee or the licensee's
employee and shall produce any identification, if any exists, for which the minor is asked.
Nothing in this section shall prohibit compliance checks authorized by state or federal laws for
educational, research, or training purposes, or required for the enforcement of a particular state or
federal law. (1993 Code, §510.11
§ 111.055 OTIIER ILLEGAL ACTS.
(A) Other illegal acts by minors. Unless otherwise provided, it shall be unlawful for any
minor:
(1) To have in his or her possession any tobacco, tobacco product, or tobacco
related device, except as permitted in § 1 1 1.054;
52
(2) To smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or
tobacco related device;
(3) To purchase or attempt to purchase or otherwise obtain any tobacco, tobacco
product or tobacco related device; and/or
(4) To attempt to disguise his or her true age by the use of a false form of
identification, whether the identification is that of another person or one on which the age of the
person has been modified or tampered with to represent an age older than the actual age of the
person.
(B) Illegal acts by others. It shall be unlawful to any person:
(1) To purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related devices on behalf of a minor; and/or
(2) To coerce or attempt to coerce a minor to illegally purchase or otherwise
obtain or use any tobacco, tobacco product, or tobacco related device.
(1993 Code, § 510.12) Penalty, see § 10.99
§ 111.056 VIOLATIONS.
(A) (1) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either
personally or by mail, a citation that sets forth the alleged violation and which shall inform the
alleged violator of his or her right to be heard on the accusation.
(2) Hearings. If a person who has been issued a citation, requests a hearing, it shall be
scheduled and the time, date and place shall be published and provided to the accused violator.
(3) Hearing Officer. The Police Chief shall serve as the hearing officer.
(4) Decision. If the hearing officer determines that a violation did occur, that decision, as
well as the hearing officer's reasons for finding a violation and the penalty to be imposed under
this section, shall be recorded in writing, a copy of which shall be provided to the accused
violator. If the hearing officer finds that no violation occurred or finds ground for not imposing
any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the
district court having jurisdiction over the City.
(6) Gross misdemeanor prosecution. Nothing in this section shall prohibit the City from
seeking prosecution as a gross misdemeanor for any alleged violation of this subchapter. If the
City elects to seek gross misdemeanor prosecution, no administrative penalty shall be imposed.
(7) Continued violation. Each violation and each day in which a violation occurs or
continues, shall constitute a separate offense.
(1993 Code, § 510.13)
(B) (1) Licenses. Any licensee or employee found to have violated this subchapter, shall be
charged a gross misdemeanor.
(2) Other individuals. Other individuals and who are not minors regulated by division
(B)(3) below, found to be in violation of this subchapter shall be charged an administrative fine of
$50.
(3) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt
to purchase tobacco, tobacco products, or tobacco related devices, shall be remanded to the
custody of their parents and required to attend and complete tobacco related diversion programs.
(4) Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution
as a misdemeanor for any violation of this subchapter.
(1993 Code, § 510.14)
(C) Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and
tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural
ceremony. It shall be an affirmative defense to the violation of this subchapter for a person to
have reasonable relied on proof of age as described by state law.
(1993 Code, § 510.14) Penalty, see § 10.99
§ 111.057 SPECIFIC OPERATIONAL STANDARDS.
It shall be unlawful for the lighting, inhalation or combination thereof of tobacco, tobacco
products, or tobacco related devices for the purpose of testing or sampling a tobacco product prior
to the sale of such product.
Effective Date. This ordinance shall become effective as of the date of its publication.
First Reading: March 22, 2011
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
7
53
FUTURE COUNCIL AGENDA ITEMS
March 22, tot 1
Meeting
Meeting
Staff
Items/Issues
Date
Type
April 12
Regular
City Manager
Tobacco Ordinance - Second Reading
City Manager
Quarterly Goals Update
April 26
Regular
City Manager
Tobacco Ordinance - Final Reading
City Manager
Ordinance Terminating the Moratorium on the issuance of
licenses for pipe and tobacco shops
Regular
City Manager
Public Hearing on 2012 Budget
Finance Director
Planning Commission
Items from April 19
Representative
May 10
Regular
Consent
Memorandum of Understanding with School District for
the 2011 Election season
May 24.
Regular
Planning Commission
Items from May 17
Representative.
June 14,
Regular
June 28
Regular
Plannmg Commission
Representative
Items from June 21
rinanceni ector
Insurance Renewal
rinance Director
2010 Audit Presentation
July 12
Regular
July 26
Regular
Planning Commission
Representative
Items from July 19
MN Nite to Unite Proclamation
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HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY VILLAGE
March 22, 2011
Call to Order.
Roll Call.
I. Approval of March 22, 2011, 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 February 22, 2011, H.R.A. Minutes. (pp. 1 — 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
FACouncil Meetings12011\03222011IH12A agendapg#.doc
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
FEBRUARY 22, 2011
CALL TO ORDER.
Chair Faust called the meeting to order at 8:35 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille.
Commissioners absent: None.
Also Present: Executive Director Michael Mornson
I. APPROVAL OF FEBRUARY 22, 2011, HRA MEETING AGENDA
Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the February 22,
2011, Housing and Redevelopment Authority Agenda as presented.
Motion carried unanimously.
IL CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of February 8 2011 • and
B. Claims.
III. PUBLIC HEARINGS.
None.
1V. GENERAL POLICY OF BUSINESS OF THE H.R.A.
None.
V. STAFF REPORTS
None.
VI. H.R.A. COMMISSIONER COMMENTS
Chair Faust noted that IHop is now open.
VII. INFORMATION AND ANNOUNCEMENTS
None.
Motion carried unanimously.
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Housing and Redevelopment Authority Meeting Minutes
February 22, 2011
Page 2
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 8:37 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inn.
ATTEST:
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HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY VILLAGE
March 22, 2011
Call to Order.
Roll Call.
I. Approval of March 22, 2011, 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 February 22, 2011, H.R.A. Minutes. (pp. 1 — 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
f:\Council Meetings\2011\03222011\14RA agendapglt.doc