HomeMy WebLinkAboutCC PACKET 12132011H.R.A. Meeting immediately
following regular meeting
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
December 13, 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 December 13, 2011, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions. (no action requested.)
A. 2011 Fire Prevention Poster Contest Winners. Chief John Malenick is presenting. (pp. 1 - 3)
III. Consent Agenda.
These items are considerer) routine and ,will be enacted by one motion. Them will be no separate rliswssion of these items unless a Coandimernber orciliZen so requests, in which erent the item will
be mnroaed firom the Consent Agenda and plu ed elsewhere on the agenda.
A. Approval of November 22, 2011, Council Meeting Minutes. (pp. 4-12)
B. Licenses and Permits. (p. 13)
C. Claims. (pp. 14 -16)
D. Resolution 11-077; Accepting a Donation from the St. Anthony Village Lions Club for the Veteran's Memorial.
(PP• 17-18)
E. Resolution 11-078; Approving the Appointments to the Parks Commission. (pp. 19-20)
F. Resolution 11-079; Approving the Appointments to the Planning Commission. (pp. 21-22)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 11-080; Relating to $2,215,000 General Obligation Refunding Bonds, Series 2011B; 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. Stacie I-vilvang, Ehlers & Associates is presenting.
(pp. 23-44)
B. Resolution 11-081; Setting the City of St. Anthony's 2012 General Operating Budget and Property Tax Levy.
Roger Larson, Finance Director is presenting. (pp. 45-58)
C. Resolution 11-082; Accepting and Approving the Grant Agreement between the City of St. Anthony Village
and the Rice Creek Watershed District for Construction of the Central Park Biofiltration System.'Todd
Hubmer, WSB & Associates is presenting. (pp. 59-62)
D. Resolution 11-083; Appointing the Minnesota Department of Transportation to Act as the City's Agent in
Accepting Federal Aid,Todd Hubmer, WSB & Associates is presenting. (pp. 63-74)
E. Resolution 11-084; Approving a Joint Powers Agreement between the City of St. Anthony and the City of New
Brighton for Fuel Purchasing for the period of February 1, 2012 to January 1, 2014. Jay Hartman, Public Works
Director is presenting. (pp. 75-80)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
I77drraduals may addross the City Canned about any item not axluded on the regular agenda. Speakers are requested to come /a the podrmn, sign their name and address on she form at 11e
podium, state their name and address for the Clerk's worc4 and limit their remarks to five montes. Generaly, the City Caumil will not take official action on items rksarssed at this time, but
nray typically refer the matter to stafffor a fulnre report or direct the matter to be scheduled on an t pcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
2011 FIRE PREVENTION
POSTER WINNERS
4111 Place — Hanna Wilke
511' Grade Wilshire Park
12/5/2(111
12/5/2011
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 22, 2011
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
Absent: None.
Also Present: Interim City Manager Jay Hartman, Police Chief John Ohl, Finance Director Roger
Larson, and City Engineer Todd Hubmer.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
L APPROVAL OF NOVEMBER 22, 2011, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of November 22, 2011.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
A. Swearing -In of Police Officer Jeronimo Yanez.
Mayor Faust performed the swearing-in of Police Officer Jeronimo Yanez. Iie acknowledged
Police Officer Yanez's family members and welcomed Police Officer Yanez to the St. Anthony
Police Department.
III. CONSENT AGENDA.
A. Consider November 8 2011 Council meeting minutes•
B. Consider November 16, 2011, Canvassing Board minutes
C. Consider licenses and permits; and
D. Consider payment of claims
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
Motion carried unanimously.
C!
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City Council Regular Meeting Minutes
November 22, 2011
Page 2
IV. PUBLIC HEARING.
None.
V. REPORTS FROM COMMISSION AND STAFF.
A. Resolution 11-072: Approval of the Preliminary Development Plan the Final
Development Plan and the Planned Unit Development Amendment (PUD) for Autumn
Woods II. 2580 Kenzie'rerrace Saint Anthony Village Hennepin Minnesota
Planning Commission Chair Jensen advised the Planning Commission reviewed the Preliminary
Development Plan, the Final Development Plan and the Planned Unit Development (PUD)
Amendment for Autumn Woods II and unanimously recommended its approval by the City
Council. He presented several drawings of the overall site located in the southwest corner of the
master developed area and discussed the planned access from Kenzie Terrace, the proposed
additional parking along Kenzie Terrace, and improvements to overall drainage on the site. He
advised that the Planning Commission public hearing included testimony from several residents
and stated that an engineering summary was not available at the time of the public hearing. He
indicated the applicants advised that one-half to two-thirds of run-off will be controlled by the
use of rain gardens. He stated that residents also had questions about the groundwater and low
water table and the applicants explained the site is substantially higher than the buildings to the
east and the underground parking is approximately 4-5' above the water table. He stated that
residents also had questions as to the overall height of the proposed structure and the applicants
advised the proposed building is one additional story above the surrounding buildings on Kenzie
Terrace and as the site slopes to the east, the building will be 1.5 stories higher than the easterly
buildings with the roof tapered to provide relief to the surrounding homes. He explained that the
applicants have requested additional on -street parking on Kenzie Terrace, similar to Silver Lake
Road, pending approval from Hennepin County. He indicated that the public hearing included
additional questions related to overall drainage on the site and whether drainage would be an
issue for houses to the south and the applicants assured that drainage will not be an issue.
Councilmember Jenson requested further information regarding the requested one foot
encroachment into the front yard setback in order to have 6' porches instead of 5' porches.
Planning Commission Chair Jensen explained that the Code allows a 5' porch but with the
flexibility provided by a PUD, the applicants are requesting 6' porches along the front fagade.
He stated that there was no other noted deviation from Code other than the combination of the lot
lines providing for the sharing of multiple driveways. He added that there was discussion
regarding the parking calculations and whether the assisted living facility's parking calculations
were sufficient. He stated that the applicant's assessment of parking needs revealed that many of
the existing parking stalls were rarely used and could handle overflow parking for staff or guests.
City Engineer Hubmer stated that a preliminary review has been done but the final drainage
calculations were received this morning and he has not had sufficient time to review the
application as presented tonight. He requested that he be given additional time to review those
calculations and present his summary at the next City Council meeting.
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City Council Regular Meeting Minutes
November 22, 2011
Page 3
2 Mr. Greg Bronk, President of LaNel Financial Group, appeared before the City Council and
3 presented the site plan showing the existing apartments and proposed site for development of the
4 assisted living facility. I -Ie pointed out the excess parking proposed to be shared with the future
5 development and explained that each apartment has one underground parking stall available and
6 City Code requires 34 parking spaces for the assisted living facility. He stated they have
7 requested that the County allow 13 parking stalls to be added along Kenzie Terrace, there are 18
8 underground stalls in the proposed building, and there are 13 parking stalls available at the front
9 entrance of the building, for a total of 44 parking stalls, which exceeds the requirement of 34.
10 He indicated that the parking lot is currently striped for 59 parking spaces and seven of those
I 1 spaces will be eliminated with the new development; however, at any given time, only
12 approximately 14 spaces are being used in this lot. He stated that up to 82 parking spaces would
13 be available considering the excess parking available on the adjacent lot. He added that
14 approximately 36 jobs would be added in the City as part of the assisted living facility and would
15 the project would create jobs during the year-long construction period.
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17 Mr. Jay Nelson, Architect, appeared before the City Council and presented several drawings of
18 the site and proposed building. He stated the ends of the building and the roof are stepped down
19 to decrease mass. He advised that storm water from the roof will be collected in ponding areas
20 to an area where the water will be treated before entering the City's storm sewer system; in
21 addition, gutters and downspouts on the building will collect water and diverted to the drainage
22 system. I -Te reviewed the frontage along Kenzie Terrace and the applicant's proposed one foot
23 encroachment to allow a 6' porch. He indicated that a 6' vinyl privacy fence will be constructed
24 on the site. He also reviewed the landscape plan which includes major plantings around the
25 perimeter of the building, screening plantings in several areas, and decorative trees at 1.5 caliper
26 inches and larger trees at 2.5 caliper inches. He noted that they want to leave the area in the back
27 of the project as undisturbed as possible because this area is heavily wooded.
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29 Councilmember Gray asked if there are plans to upgrade the retaining wall on the east side of the
30 site and/or to upgrade the fencing in this area.
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32 Mr. Bronk replied that the existing wall seems to be in good shape and they planned to leave the
33 fencing on the east side as is.
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35 Mr. Mark Gibbs, 2617 Lowry Avenue, appeared before the City Council and asked what the total
36 height of the proposed building will be. He also asked how close the corner of the building will
37 be to his property line.
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39 Mr. Nelson stated the height of the building, if measured from the peak, will be 54'8". I -Ie stated
40 that the building will be approximately 21'6" from the property line at 2617 Lowry Avenue.
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42 Mr. Royal Anderson, 2621 Lowry Avenue, appeared before the City Council and presented a
43 written list of his concerns to the City Council. He expressed concern that he was not duly
44 notified of the Planning Commission public hearing.
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City Council Regular Meeting Minutes
November 22, 2011
Page 4
Mayor Faust stated that notices are sent to all properties within 350' of any proposed
development.
Interim City Manager Hartman agreed to check the City's records regarding the public hearing
notification.
Mr. Mark Gibbs invited the City Council to his property to see what the proposed building will
look like from his back yard.
Mr. John Hunter, 2580 Kenzie Terrace, appeared before the City Council and stated he was in
favor of the proposed assisted living facility. He indicated he served on the Columbia Heights
Planning and Zoning Commission and Columbia Heights faced similar problems with the
proposal for the Crestview Nursing Home. He stated that residents felt the building was too high
and concerns were expressed about water run-off. He stated that they were able to correct the
drainage through their engineers and the development has been good for the community.
Mayor Faust stated that the City Engineer has not had an opportunity to look at the drainage plan
which is paramount before making a final decision and recommended that the City Council table
action on this matter.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to table action on
Resolution 11-072; Approving the Preliminary Development Plan, the Final Development Plan
and the Planned Unit Development Amendment (PUD) for Autumn Woods II, 2580 Kenzie
Terrace, Saint Anthony Village, Hennepin County, Minnesota.
Motion carried unanimously.
Mayor Faust stated that this item will be considered by the City Council on December 13, 2011.
B. Resolution H -073• Approval of the Administrative Lot Combination for 3629 Roosevelt
Street, Lot 1 Block 1 Soo Line Addition,• Lot 10 Block 1 Soo Line Addition; Lot 23
Block 1, Soo Line Addition; Lot 24, Block 1 Soo Line Addition-, and the South Half of
Lot 25, Block 1, Soo Line Addition Hennepin County Minnesota
Planning Commission Chair Jensen advised that this is a request to combine five existing lots on
Roosevelt Street to create a single, R-1 lot that is 22,842 square feet. He noted that the intent of
the administrative lot combination is to clean up the interior lot lines and provide one property
tax statement for the property owner. He noted that a public hearing is not required and the
Planning Commission unanimously recommended approval of the lot combination.
Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 11-
073; Approving the Administrative Lot Combination for 3629 Roosevelt, Lot 9, Block 1, Soo
Line Addition; Lot 10, Block 1, Soo Line Addition; Lot 23, Block 1, Soo Line Addition; Lot 24,
Block 1, Soo Line Addition; and the South Half of Lot 25, Block 1, Soo Line Addition,
Hennepin County, Minnesota
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City Council Regular Meeting Minutes
November 22, 2011
Page 5
Motion carried unanimously.
VI. GENERAL BUSINESS OF COUNCIL.
A. Approve the Fund Balance Policy.
Peggy Moeller, CPA, HLB Tautges Redpath, Ltd., presented a summary of the new accounting
standards required to be implemented by December 31, 2011, under the Governmental
Accounting Standards Board (GASB) #54 related to fund balance reporting in the City's
financial statements. She reviewed the current standards which report fund balances as reserved
or unreserved and explained that GASB 954 will have five new classifications, namely
nonspendable, restricted, committed, assigned, and unassigned. She stated that the nonspendable
classification includes items not expected to be converted to cash and which are legally or
contractually required to be maintained intact. She also reviewed the restricted fund balance,
committed fund balance, assigned fund balance, and unassigned fund balance, providing
examples of funds in each of these categories. She discussed the City's General Fund cash flow
reserve and noted that the only way the City can show cash flow is in the unassigned fund
balance. She recommended that the City authorize a minimum fund balance policy which will
enable the City to have a footnote in its financial statements which explains its cash flow needs,
why it needs such a large unassigned fund balance in the General Fund, and that the fund balance
is necessary even though it is unassigned. She also recommended that the City formalize its cash
flow assumptions and adopt a Fund Balance Policy. She then reviewed the Special Revenue
Funds under GASB #54 and stated that the City currently has six Special Revenue Funds with
one fund affected by the requirements of GASB #54 related to its water filtration and purification
fund. She recommended that the City Council adopt a resolution to formalize its commitment of
the revenue sources that make up the five remaining special revenue funds and to reclassify its
water filtration and purification fund to an enterprise fund.
Councilmember Roth stated that the City has kept its fund balance at 30-35% and asked if this
amount is adequate to cover the City's expenses.
Ms. Moeller replied that she felt the City's fund balance was adequate and added if the fund
balance were lowered, the City would have cash flow issues in the first six months of the year
due to the timing of real estate tax payments to Minnesota cities. She stated that she felt GASB
#54 will have a positive impact on cities and will make it easier for the public to compare cities
with one another.
Motion by Councilmember Roth, seconded by Councilmember Gray, to approve the Fund
Balance Policy as presented.
Motion carried unanimously.
B. Resolution 11-074; Resolution Committing Specific Revenue Sources in Special
Revenue Funds for the City of St. Anthony.
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City Council Regular Meeting Minutes
November 22, 2011
Page 6
Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 11-
074; Committing Specific Revenue Sources in Special Revenue Funds for the City of St.
Anthony.
Motion carried unanimously.
C. Resolution 11-075• Plans & Specifications & Order Advertisement for Bids for the 2012
Street & Utility Improvement Project. Todd Hubmer, WSB & Associates will be
presenting.
City Engineer Hubmer presented the proposed 2012 street and utility improvement project for
the reconstruction of Belden Drive from 341" Avenue NE to 36°' Avenue NE, Coolidge Street NE
from 301 Avenue NE to 36°i Avenue NE, and 35°' Avenue NE from Harding Street to Belden
Drive. He explained the project includes replacement of pavement with asphalt, replacement of
the existing sanitary sewer, and replacement of the existing 6" water main with 8" pipe. He
stated the project also proposes drainage improvements by extending the storm sewer to the area
south of 36°i Avenue to intercept some of the water and improve drainage in the roadway. He
indicated that meetings were held with residents this spring to discuss their concerns regarding
back yard drainage issues and explained that this area drains to the north and over time, people
have installed fences, landscaping, etc. and the area currently does not drain effectively. He
stated the project proposes to install a new storm sewer along the back lot lines with catch basins
and it will be the property owner's responsibility to direct run-off to the drain. Ile noted that
property owners will be responsible for 35% of the cost of these drainage improvements,
estimated at $16,000, and the City will be responsible for 65% of these costs or approximately
$29,000, which is consistent with the City's flood proofing grant programs. He indicated that
this portion of the project is proposed to be bid as an alternate in the 2012 street and utility
improvement project. He also reviewed total project costs, funding sources for the project, and
project schedule.
Councilmember Roth requested further information regarding the proposed back yard drainage
improvements and expressed concern about using a bulldozer in these areas.
City Engineer Hubmer explained that the City will use directional drilling to drill a pipe
approximately three feet below grade without disturbing the surface. I -Ie assured the City
Council that these improvements will not tear up any yards and this procedure has been done
several times in the past. He added that catch basins will be installed in the area where the
corners of the four properties meet and the proposed improvements and assessments were
received favorably by the affected property owners.
Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 11-
075; Accepting the 2012 Street and Utility Improvement Project Plans and Specifications and
Ordering Advertisement for Bids.
Motion carried unanimously.
D. Engineer's Update.
G]
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City Council Regular Meeting Minutes
November 22, 2011
Page 7
City Engineer Hubmer advised that the 2011 street and utility reconstruction project has been
substantially completed for the year. He stated that additional work will be done next spring
including the second lift of asphalt and turf restoration. He explained that in the past, the City
used sod which created a number of issues in getting yards restored because the new sod
sometimes did not match up evenly or the new sod was not watered properly. He stated that the
City switched over to hydroseeding a couple of years ago because it blends in well with existing
turf and provides vigorous growth. He indicated that a new product was recently introduced that
combines the seed with a compost element which is more drought tolerant and provides faster
germination and growth.
Councilmember Roth asked if it would make sense outsource the turf restoration to a landscaping
company.
City Engineer Hubmer indicated that in most instances, the general contractors hire landscapers
to do the turf restoration. He stated the City has the ability to withhold money as part of the
overall contract until the turf restoration is satisfactorily completed.
Mayor Faust suggested that the City Council discuss this further during its goal setting meetings.
City Engineer Ilubmer explained the needed repairs to the failing sanitary sewer line that serves
the Diamond Eight Apartments along Macalaster Drive. He stated the line has several cracks
and offset pipe joints that have settled and the Public Works Department is not able to access the
line with their equipment due to the current condition of the pipe. He indicated that pipe bursting
of the sewer is recommended, which utilizes a trenchless mechanism to break the clay open, pull
a new pipe in, and allows the work to be done without disturbing surrounding areas. I -Ie added
that the cost estimate for repairs is $75,000 and can be funded either using the bonding in the
2012 street and utility improvement project or the City's sewer and water fund.
Mayor Faust stated that time is of the essence in making these repairs and requested that the City
Engineer work with the Interim City Manager and Finance Director to repair the pipe as soon as
possible.
City Engineer Hubmer provided an update on the storm water pipe cleaning being done around
the industrial park and stated that cleaning is scheduled for next week. He agreed to keep the
City Council and property owners updated.
Cit ty Engineer Hubmer stated that the City will be installing an LED stop sign at Crestview and
29" Avenue. He indicated that an LED stop sign has red flashing lights around the perimeter of
the sign making it more visible. He added that this intersection is on a peak and drivers have a
tendency not to come to a full stop or recognize the stop sign.
Mayor Faust requested that the City send notice to residents in this area to inform them of the
new stop sign.
City Engineer Hubmer advised that the City is considering installing two mid -block LED
crossings, one on Silver Lake Road in front of City Hall and the other on Kenzie Terrace near the
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City Council Regular Meeting Minutes
November 22, 2011
Page 8
1 shopping center. He stated that the County has requested that the City conduct a study on the
2 effectiveness of these crossings and use the study as a demonstration project. He stated that staff
3 has asked the University of Minnesota Capstone project to take on the study aspect of this
4 project. He added that other funding sources are being explored, including funds from the State
5 to offset the costs of installation and the study.
E. Resolution 11-076; Approving the hiring of Mark Casey as the City Manager for the City
of St. Anthony.
10 Mayor Faust recited the Resolution approving the hiring of Mark Casey as the City Manager and
11 stated that Mr. Casey has been the City Administrator in Annandale for the past seven years. He
12 then introduced Mr. Casey.
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14 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 1I-
15 076; Approving the Hiring of Mark Casey as City Manager for the City of St. Anthony.
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17 Motion carried unanimously.
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19 Mayor Faust and the City Council welcomed Mr. Casey to the City.
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21 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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23 Interim City Manager Hartman — No report.
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25 Councilmember Gray reported on his attendance at the November 17'11 Lion's Club meeting. Ile
26 expressed thanks to the voters for re-electing him to the City Council.
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28 Councilmember Jenson reported on his attendance at the November 16°i Canvassing Board
29 meeting. He also reported on his attendance at the November 17°i regional meeting of the
30 League of Minnesota Cities.
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32 Councilmember Roth expressed thanks to the voters for re-electing him to the City Council.
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34 Councilmember Stille reported on his attendance at the November 11"' Veterans Memorial
35 dedication ceremony. He expressed thanks to the Veterans Memorial committee, the Kiwanis,
36 the Lion's Club, Mr. Hartman, Mayor Faust and everyone involved in creating this memorial.
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38 Mayor Faust reported on his attendance at the following:
39 • November 11`' Veterans Memorial dedication ceremony. He expressed thanks to Mr.
40 Glen Seefeldt who gave the invocation.
41 • November 14°i Sister City annual meeting.
42 • November 17th regional meeting of the League of Minnesota Cities.
43 • November 15'h Chamber of Commerce meeting.
44 • November 16°i Historical Society meeting.
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46 VIII. COMMUNITY FORUM.
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City Council Regular Meeting Minutes
November 22, 2011
Page 9
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda
IX. INFORMATION AND ANNOUNCE, MENTS.
Mayor Faust requested that the City Council meeting on December 27, 2011, be cancelled.
Mayor Faust advised that former Councilmember Brian Thuesen passed away on November 15°i.
He stated that Mr. Thuesen served on the City Council for 12 years and worked hard on behalf of
the City and its residents. He asked residents to keep the family in their thoughts.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 9:17 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver OffSite Secretarial, Inc.
ATTEST:
City Clerk
Mayor
12
Saint Anthony Village
DATE: December 13, 2011 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Construct All, Champlin, MN
Heating & Air Conditioning License:
Carter Custom Construction & Fireplace, Vadnais Heights, MN
Liberty Comfort Systems, Anoka, MN
Rental License:
Applicant: Caravelle Apartments
Location: 3713 — 3800 Foss Rd
Applicant: Macalaster Apartments
Location: 3800 — 3808 Macalaster Dr
Applicant: Equinox Apartments
Location: 2808 Silver Ln
Applicant: David Loch
Location: 3605 Stinson Blvd
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US BANK
ST.
ANTHONY VILLAGE
CHECK REGISTER
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
20
AA BATTERY CO
16409
12/14/2011
$91.57
8471
AIRGAS NORTH CENTRAL
16410
12/14/2011
$143.08
9761
AMERICAN BOTTLING COMPANY
16411
12/14/2011
$365.40
9250
AMERICAN MESSAGING
16412
12/14/2011
$189.17
3714
B & FFASTENER SUPPLY
16413
12/14/2011
$30.15
9809
BATTERIES PLUS
16414
12/1.4/2011
$55.55
320
BEISSWENGER'S
16415
12/14/2011
$309.93
4293
BELLBOY CORP.
16416
12/14/2011
$18,11.5.00
9910
BENIK/10E
16417
12/14/2011
$1,081.60
9778
BERNICK'S
16418
12/14/2011
$4,744.32
8555
BIFFS, INC.
16419
12/14/2011
$232.00
9060
BLAINE LOCK & SAFE INC.
16420
12/14/2011
$210.25
9326
BLUEMEL'STREE
16421
12/14/2011
$828.28
4662
BOURGET IMPORTS
16422
12/14/2011
$567.26
7253
BRAKE & EQUIPMENT WAREHO
16423
12/14/2011
$79.61
71.57
BROCK WHITE COMPANY, LLC
16424
12/14/2011
$570.72
4333
CANNON RIVER WINERY
16425
12/14/2011
$426.00
4231
CAPITOL BEVERAGE SALES
16426
12/14/2011
$31,761.40
.0366
CARLSO N/ELLI
16427
12/14/2011
$25.00
9100
CAT & FIDDLE BEVERAGE
16428
12/14/2011
$248.00
4080
CHISAGO LAKES DISTRIBUTI
1.6429
12/14/2011
$2,051.92
8275
CITY OF ST. PAUL
16430
12/14/2011
$50.00
4095
COCA COLA BOTTLING COMPA
16431
12/14/2011
$543.45
4107
COMPTON'SCOMMERCIAL CLN
16432
12/14/2011
$3,823.99
8948
CRAGUN'S CONFERENCE & RE
16433
12/14/2011
$559.97
8602
CROWN TROPHY
16434
12/14/2011
$32.23
9820
CRYSTAL SPRINGS ICE
16435
12/14/2011
$183.30
8557
DAILEY DATA & ASSOCIATES
16436
12/14/2011
$738.73
8151
DIEGNAU/DANIEL
16437
12/14/2011
$41.42
820
DORSEY & WHITNEY
16438
12/14/2011
$868.75
8348
DUECO,INC.
16439
12/14/2011
$1,044.91
4135
ELECTRO WATCHMAN INC
16440
12/14/2011
$147.49
8697
EXTREME BEVERAGE
16441
12/14/2011
$328.00
9798
FERGUSON WATERWORKS
16442
12/14/2011
$27.25
8153
FILTERFRESH
16443
12/14/2011
$164.12
9824
FIRE SAFETY USA, INC.
16444
12/14/2011
$194.50
9229
FIRSTLAB
16445
12/14/2011
$89.90
1030
G & K SERVICES INC
16446
12/14/2011
$814.62
7335
GCR
16447
12/14/2011
$2,289.69
4172
GRAPE BEGINNINGS, INC.
16448
12/14/2011
$632.25
9422
HD SUPPLY WATERWORKS
16449
12/14/2011
$822.94
8221
HEDBACK, ARENDT, KOHL
16450
12/14/2011
$3,500.00
9932
HENNEPIN COUNTY TREASURE
16451
12/14/2011
$900.00
9160
HEWLITT PACKARD COMPANY
16452
12/14/2011
$829.09
4207
HOHENSTEIN'S, INC
16453
12/14/2011
$6,210.75
14
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER 15
VENDOR # PAYEE
8252 HOME DEPOT CREDIT SERVIC
9893 INFINITY WIRELESS
9857 JERSEY MIKE'S SUBS
4125 1J TAYLOR DISTRIBUTING
4220 JOHNSON BROTHERS LIQUOR
8442 JOHNSON/DAN
780 KEEPERS, INC.
9851 LAW ENFORCEMENT TECHNOLO
2040 LILLIE SUBURBAN NEWSPAPE
9271 LITTLE FALLS MACHINE INC
8229 LOFFLER BUSINESS SYSTEMS
2100 MACQUEEN EQUIPMENT CO
9823 MAILFINANCE
9541 MASS BAR -MATE CORP.
2240 METROPOLITAN COUNCIL
8467 MIDWAY FORD
9930 MINGER CONSTRUCTION, INC
9827 MINNESOTA SHERIFFS ASSOC
5204 MN DEPT PUBLIC SAFETY
9517 MORRELL ENTERPRISES, LP
2395 MTI DISTRIBUTING, INC
9914 MURPHY GRANITE CARVING INC
5232 MURPHY'S SERVICE CENTER
7312 NORTH AMERICAN SALT COMP
8959 NORTH SUBURBAN ACCESS CO
9272 NORTHERN FACTORY SALES I
9523 NORTHSTAR INSPECTION SER
45 OFFICE DEPOT
9894 OLVALDE FARM AND BREWING
8528 PACE ANALYTICAL SERVICES
9615 PAETEC
9275 PAT KERNS WINE MERCHANTS
4354 PAUSTIS & SONS
.0367 PEARSON/FRANZ & BETH
9563 PETTY CASH - U.S. BANK
4360 PHILLIPS WINE & SPIRITS
8499 PIONEER RIM AND WHEEL CO
7057 PRAXAIR
9139 PROPERTY KEY, INC.
4385 QUALITY WINE CO
9230 ROYAL TIRE INC
9182 SAM'S CLUB
.0369 SANDAGE/KATE
8839 SECOND NATURE LAWN AND
.0368 SIMPSON/JOHN & TABETHA
9843 SOUTHERN WINE & SPIRITS
CHECK #
DATE
AMOUNT
16454
12/14/2011
$328.99
16455
12/14/2011
$708.91
16456
12/14/2011
$117.40
16457
12/14/2011
$59,551.81
16458
12/14/2011.
$64,140.30
16459
12/1.4/2011
$33.01
16460
12/14/2011
$180.88
16461
12/14/2011
$5,792.44
16462
12/14/2011
$715.00
16463
12/14/2011
$371.81
16464
12/14/2011
$2,942.27
16465
12/14/2011
$278.71
16466
12/14/2011
$80.16
16467
12/14/2011
$712.00
16468
12/14/2011
$43,541.89
16469
12/14/2011
$3.68
16470
12/14/2011
$8,750.00
16471
12/14/2011
$240.00
16472
12/14/2011
$40.00
16473
12/14/2011
$252.00
16474
1.2/14/2011
$7,629.02
16475
12/14/201.1
$3,594.74
16476
12/14/2011
$324.47
16477
12/14/2011
$9,807.35
16478
12/14/2011
$1,1.82.84
16479
12/14/2011
$131.95
16480
12/14/2011
$6,264.78
16481
12/14/2011
$57.39
16482
12/14/2011
$800.00
16483
12/14/2011
$285.00
16484
12/14/2011
$234.29
16485
12/14/2011
$154.00
16486
12/14/2011
$12,684.81
16487
12/14/2011
$7.52
16488
12/14/2011
$141.77
16489
12/14/2011
$9,146.04
16490
12/14/2011
$16.98
16491
12/14/2011
$18.29
16492
12/14/2011
$50.00
16493
12/14/2011
$14,543.84
16494
12/14/2011
$470.04
16495
12/14/2011
$364.39
16496
12/14/2011
$20.00
16497
12/14/2011
$6,485.00
16498
12/14/2011
$2.09
16499
12/14/2011
$8,960.15
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER 16
VENDOR # PAYEE
5306 SPRINGGSTED, INC.
9259 SPRINT
4782 ST ANTHONY VILLAGE CENTE
9083 ST. ANTHONY RETAIL REVEL
9167 ST. ANTHONY -NEW BRIGHTON
8872 SUCIU/BARB
4780 SURLY BREWING CO
8457 SWEEPER SERVICES
9264 TAUTGES REDPATH, LTD.
5273 TESSMAN SEED INC.
7337 TIMESAVER OFF SITE SECRE
3560 TRACY PRINTING
7330 TRI STATE BOBCAT, INC.
8859 U.S. BANK
8010 UNIFORMS UNLIMITED
8336 UNITED ELECTRIC COMPANY
8561 UNITED RENTALS NORTHWEST
8270 UNITED STATES POSTAL SER
4490 VAL-PAK OF MINNESOTA
8227 VERIZON WIRELESS
4451 VINOCOPIA
8388 W. W. GOETSCH ASSOCIATES
9702 W.D. LARSON COMPANIES LT
.0370 WHITE/SOPHIA
.0371 WILKE/HANNA
8316 WINE COMPANY/THE
8310 WINE MERCHANTS INC
4175 WIRTZ BEVERAGE - (GRIGGS
9734 WIRTZ BEVERAGE MINNESOTA
9929 WRIGHT LINE
2680 XCEL ENERGY
9711 Z WINES USA LLC
830 ZEE MEDICAL SERVICE
TOTAL
CHECK #
DATE
AMOUNT
16500
12/14/2011
$10,763.80
16501
12/14/2011
$260.00
16502
12/14/2011
$1,644.33
16503
12/14/2011
$1,708.45
16504
12/14/2011
$26,087.78
16505
12/14/2011
$15.54
16506
12/14/2011
$1,380.00
16507
12/14/2011
$145.48
16508
12/14/2011
$420.00
16509
12/14/2011
$236.46
16510
12/14/2011
$315.00
16511
12/14/2011
$523.37
16512
12/14/2011
$1,058.06
16513
12/14/2011
$97,731.25
16514
12/14/2011
$3,189.90
16515
12/14/2011
$10.29
16516
12/14/2011
$45.72
16517
12/14/2011
$700.00
16518
12/14/2011
$800.00
1651.9
12/14/2011
$1,305.54
16520
12/14/2011
$1,198.92
16521
12/14/201.1.
$3,504.75
16522
12/14/2011
$19.62
16523
12/14/2011
$15.00
16524
12/14/2011
$10.00
16525
12/14/2011
$2,649.90
16526
12/14/2011
$13,845.86
16527
12/14/2011
$36,879.37
16528
12/14/2011
$31,476.45
16529
12/14/2011
$1,250.64
16530
12/14/2011
$10,715.06
16531
12/14/2011
$612.50
16532
12/14/2011
$54.75
$609,695.36
17
Em
Report Date:
Meeting Date:
REQUEST FOR COUNCIL. CONSIDERATION
December 13, 2011
December 13, 2011
Agenda Section: Vl. D.
ITEM DESCRIPTION: Resolution 1]-077; Accepting a Donation from the St.
Anthony Village Lions Club for the Veteran's Memorial
MANAGER'S REVIEW:
The City of St. Anthony has received a donation from the
St. Anthony Lions CIub in the amount of $300.00. This
donation will be allocated to the Veteran's Memorial Fund.
ark Casey
City Manager
Attachments:
• Resolution 11-077; Accepting a Donation from the St. Anthony Village Lions CIub for the Veteran's
Memorial
C\Documents and Settings\MarkCaseyTocal SettingsWemporary Internet Files\OLKI8tstaff accepting donation from lions club.doc- I -
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-077
A RESOLUTION ACCEPTING A DONATION FROM THE
ST. ANTHONY VILLAGE LIONS CLUB FOR THE VETERAN'S MEMORIAL
WHEREAS, the City Council of St. Anthony approved the concept of a Veterans Memorial
on March 22, 2011; and
WHEREAS, the St. Anthony Village Lions Club has donated $300.00 to be applied to the
costs of the St. Anthony Veterans Memorial,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony hereby
accepts a donation from the St. Anthony Village Lions Club for the St. Anthony Veteran's
Memorial.
Adopted this 13t11 day of December, 2011.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
19
Es
Report Date:
Meeting Date:
REQUEST FOR COUNCIL CONSIDERATION
December 13, 2011
December 13, 2011
Agenda Section: III. E.
ITEM DESCRIP'T'ION: Resolution 11-078; Approving the Appointments to the Parks
Commission
OVERVIEW:
The City advertised for open positions on the Parks
Commission. The Council conducted interviews on
November 291h and the City Council has recommended the
following individual to the commission:
Parks Commission
Elissa Schloesser
Gr/ i %a,
Casey
City Manager
Attachments:
• Resolution 10-078; Appointing Members to the Parks Commission
C\Documents and SettingsWwkCmey\Local Settings\Temporary Intemet piles\OLK l 8\stafPpark commission.doc - I -
20
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-078
A RESOLUTION APPROVING THE APPOINTMENTS TO THE
PARKS COMMISSION
WHEREAS, the City Council interviewed the candidate's for the Park Commission and
have recommended appointing the following:
Park Commission
Elissa Schloesser
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the above named applicants to the Park Commission.
Adopted this 1311, day of December, 2011.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
F:\Council Meetings\2011\12132011\respkeonnnissioners.doe
21
EM
Report Date:
Meeting Date:
REQUEST FOR COUNCIL. CONSIDERATION
December 13, 2011
December 13, 2011
Agenda Section: 111. F,
ITEM DESCRIPTION: Resolution 11-079; Approving the Appointments to the
Planning Commission.
OVERVIEW:
The City advertised for open positions on the Planning
Commission. They conducted interviews on November
29gt and have selected the following individuals:
Planning Commission Applicanfs
Patrick Niccum
Don Jensen
(�Iar-k Casey
City Manager
Attachments:
• Resolution 11-079; Approving the Appointments to the Planning Commission.
CADocuments and Seltings\MarkCasey\Local SettingsWemporary Intemet Files\OLKI8\staff planning commission,doc - I -
22
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-079
A RESOLUTION APPROVING APPOINTMENTS TO THE
PLANNING COMMISSION
WHEREAS, the City Council interviewed the candidate's for the Planning Commission
and have recommended appointing the following:
Planning Commission
Patrick Niccum
Don Jensen
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the above named applicants to the Planning Commission.
Adopted this 13th day of December, 2011.
ATTEST:
Mayor
City Clerk
Review for Administration:
City Manager
F:\Council Meetings\2011\12132011\resplancommissioners.doc
23
Report Date:
Meeting Date:
MEMOEAMD M
December 1.3, 2011
December 13, 2011
Agenda Section: VI. A.
The bid opening for the General Obligation. Refunding Bond is taking place on
December 13, 20"11. The actual information regarding the sale will be
distributed the evening of the City Council meeting.
R!
Councilmember then introduced the following resolution
and moved its adoption:
RESOLUTION 11-080
RESOLUTION RELATING TO $2,215,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 201113;
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 I3onds
1.01. Authorization. The City has presently outstanding its General Obligation
Improvement Bonds, Series 2004A, initially dated as of June 1, 2004 (the "Series 2004A
Bonds") and its General Obligation Improvement Bonds, Series 2005A, initially dated as of
April 1, 2005 (the "Series 2005A Bonds," and together with the Series 2004A Bonds, the "Prior
Bonds"). The Prior Bonds were issued pursuant to were issued to defray the expense incurred
and estimated to be incurred by the City in making various water, street and sewer improvements
in the City, including every item of cost of the kinds authorized in Minnesota Statutes,
Section 475.65 and are payable primarily from special assessments which the City has levied or
agreed to levy on the property specially benefited by the improvements financed by the issuance
of the Bonds and ad valorem taxes levied on all taxable property in the City. This Council
hereby determines that it is in the best interest of the City to issue its $2,215,000 General
Obligation Refunding Bonds, Series 2011B (the "Bonds") for the purpose of currently refunding
on February 1, 2012 (the "Redemption Date") all of the outstanding Prior Bonds.
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, (__)
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.
25
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.
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
CYfY OF ST. ANTHONY
GENERAL OBLIGATION REFUNDING BOND, SERIES 2011B
No. R -
Interest Rate Maturity Date of CUSIP
Original Issue
February 1, 20_ December _, 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, 2012, 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 $2,215,000 (the
"Bonds"), issued pursuant to a resolution adopted by the City Council on December 13, 2011
(the "Resolution"), for the purpose of refunding bonds issued to finance a portion of the costs of
various water, street and sewer improvements in the City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto
-2-
26
enabling, Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only as fully
registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. The
Bonds of this series are issuable only as fully registered Bonds, in denominations of $5,000 or
any multiple thereof, of single maturities.
Bonds maturing in the years 2013 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.
[INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS.]
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of the proceedings for the redemption of any
Bond not affected by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date,
become due and payable at the redemption price herein specified and from and after such date
(unless the City shall default in the payment of the redemption price) such Bond or portions of
Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by his attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
-3-
27
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that, prior to the
issuance hereof the City has pledged to the payment of the principal of and interest on the Bonds
special assessments on property specially benefited by the portion of the Bonds issued to
refinance water, street and sewer projects in the City and ad valorem taxes on all taxable
property in the City, collectible in the years and amounts required to produce sums not less than
5% in excess of the principal of and interest on such portion of the Bonds as such principal and
interest respectively become due, and has appropriated the same to the payment of such portion
of the Bonds in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4, and,
if necessary for payment of the principal and interest on this Bond, additional ad valorem taxes
are required to be levied upon all taxable property in the City, without limitation as to rate or
amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by the manual signature of a person authorized to sign on
its belialf.
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 OF ST. ANTHONY
City Manager Mayor
Q
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota, as Bond Registrar
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM — — as tenants
in common
TEN ENT--- -- as tenants
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
UNIF TRANS MIN ACT....... Custodian...........
(Cust) (Minor)
under Uniform Transfers to
Minors
Act......................
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the
within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
-5-
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.
29
NOTICE: The signature(s) to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration, enlargement or
any change whatsoever.
[End of Bond Form.]
Section 3. Bond Terms, Execution and Delivery.
3.01. Maturities Interest Rates Denominations Payment Dating of Bonds. The Bonds
shall be designated General Obligation Refunding Bonds, Series 2011 B, shall be originally dated
as of December 29, 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
December 29, 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
2013
$250,000
2018
$265,000
2014
255,000
2019
265,000
2015
260,000
2020
270,000
2016
255,000
2021
135,000
2017
260,000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar for the Bonds appointed herein.
M
30
3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and
August 1 in each year, commencing August 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
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.
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(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar may impose
a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, interest rate, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu of and in
substitution for any such 'Bond lost, stolen or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case
of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory
to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon
receipt by the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence
of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its terms, it
shall not be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints 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 Finance Director shall transmit to the
Registrar from the 2011B Improvement Bond Fund described in Section 5 hereof, moneys
sufficient for the payment of all principal and interest then due.
3.05. Redemption. Bonds maturing in the years 2013 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
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.
[Bonds maturing in the year shall be subject to mandatory sinking fund
redemption by lot at a redemption price equal to the principal amount of the Bonds to be so
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redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the
years and principal amounts set forth below:
Year _Amount
*Final Maturity
In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by
the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so
redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed
pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds
maturing in the year so redeemed or canceled provided that the City has notified the
Register not less than thirty-five (35) days prior to the redemption date of its election to apply
such Bonds as a credit.]
At least thirty days prior to the date set for redemption of any Bond, the City shall cause
notice of the call for redemption to be mailed to the Registrar and to the registered owner of each
Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by such defect or
failure. The notice of redemption shall specify the redemption date, redemption price, the
numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which
the Bonds are to be surrendered for payment, which is the principal office of the Registrar.
Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to
be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions thereof shall cease to bear interest.
Bonds in a denomination larger than $5,000 may be redeemed in part in any integral
multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon
surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations
equal in principal amount to be unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the
City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the
City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles
thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on
the Bonds shall cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer
had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or
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obligatory for any purpose or entitled to any security or benefit under this Resolution unless and
until a certificate of authentication on such Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on
each Bond shall be conclusive evidence that it has been authenticated and delivered under this
Resolution. When the Bonds have been so executed and authenticated, they shall be delivered
by the City Manager to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
3.07. Securities Depository. (a) For purposes of this Section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such I3ond 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 'frust 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
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,
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the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated
maturity evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (d) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such event the
Bonds will be transferable in accordance with paragraph (d) hereof.
(d) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the
Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to
the permitted transferee in accordance with the provisions of this resolution. In the event Bonds
in the form of certificates are issued to owners other than Cede & Co., its successor as nominee
for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds,
the provisions of this resolution shall also apply to all matters relating thereto, including, without
limitation, the printing of such Bonds in the form of bond certificates and the method of payment
of principal of and interest on such Bonds in the form of bond certificates.
Section 4. Redemption of Prior Bonds. Proceeds of the Bonds are irrevocably
appropriated to pay and redeem the Prior Bonds on the Redemption Date. The City Manager is
hereby authorized and directed to take all actions necessary to redeem the Prior Bonds on the
Redemption Date.
Section 5. Security Provisions.
5.01. 2011B Improvement Bond Fund. So long as any of the Bonds are outstanding
and any principal of or interest thercon unpaid, the Finance Director shall maintain a separate
and special bookkeeping fund designated "2011 B Improvement Bond Fund" (the "Bond Fund")
to be used for no purpose other than the payment of the principal of and interest on the Bonds
and on such other improvement bonds of the City as have been or may be directed to be paid
therefrom. 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.
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5.02. Levy of Special Assessments. For the payment of the cost of each of the
improvements financed by the Series 2004A Bonds and the Series 2005A Bonds the City has
levied special assessments against all assessable lots, tracts and parcels of land benefited thereby
and located within the area proposed to be assessed therefor, based upon the benefits received by
each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent
(20%) of the cost of the improvements. In the event that any such assessment shall be at any
time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or
irregularity in any action or proceeding taken or to be taken by the City or this Council or any of
the City's officers or employees, either in the making of such assessment or in the performance
of any condition precedent thereto, the City and this Council hereby covenant and agree that they
will forthwith do all such further acts and take all such further proceedings as may be required by
law to make such assessments a valid and binding lien upon such property.
5.03. Pledge of Taxing Powers. For the prompt and full payment of the principal of and
interest on the Bonds as such payments respectively become due, the full faith, credit and
unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to
produce, together with the anticipated collections of the special assessments levied with respect
to the improvements financed by the Series 2004A Bonds and the Series 2005A Bonds,
aggregate amounts not less than 5% in excess of the amounts needed to meet when due the
principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable
property in the City, the taxes to be levied and collected in the following years and amounts:
Levy Yeats
Collection Years Amount
2011
2012
2012
2013
2013
2014
2014
2015
2015
2016
2016
2017
2017
2018
2018
2019
2019
2020
2020
2021
The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,
provided that the City reserves the right and power to reduce the tax levies from other legally
available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61.
Section 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
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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.
7.03. Covenant. The City covenants and agrees with the registered owners of the
Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any
action which would cause the interest payable on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the "Code") and Regulations promulgated
thereunder (the "Regulations") as are enacted or promulgated and in effect on the date of
issuance of the Bonds, and covenants to take any and all actions within its powers to ensure that
the interest on the Bonds will not become includable in gross income of the recipient under the
Code and the Regulations. The facilities financed by the Bonds shall at all times during the term
of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use
agreement, management agreement, capacity agreement or other agreement or contract with any
nongovernmental person relating to the use of the facilities financed by the Bonds, or security for
the payment of the Bonds which might cause the Bonds to be considered "private activity bonds"
or "private loan bonds" pursuant to Section 141 of the Code.
7.04. Arbitrage Rebate. It is hereby determined that the 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:
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(i) the Prior 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 does not exceed $5,000,000;
(iii) the average maturity of the Bonds does not exceed the remaining weighted
average maturity of the Prior Bonds; and
(iv) no Bond has a maturity date which is later than the date which is 30 years
after the earliest date the Prior Bonds were issued.
Therefore, pursuant to the provisions of Section 148(0(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(o of the Code with respect to the Bonds.
7.05. Interest Disallowance. Each of the Prior Bonds is a "qualified tax-exempt
obligation" for purposes of Section 265(b) of the Code, the average maturity date of the Bonds is
not later than the average maturity date of the Prior Bonds refunded by the Bonds, the Bonds
have a maturity date which is not later than the date which is 30 years after the earliest date the
Prior Bonds were issued, and the aggregate face amount of the Bonds does not exceed
$10,000,000. Therefore, pursuant to Section 265(b)(3)(1))(ii), the Bonds to the extent they do
not exceed the principal amount of the Prior Bonds refunded by the I3onds are deemed
designated as "qualified tax-exempt obligations" for purposes of Section 265(b) of the Code
relating to the disallowance of interest expense for financial institutions. The City hereby
designates the principal amount of the Bonds in excess of the Prior Bonds refunded by 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.
7.06. Official Statement. The Official Statement relating to the Bonds, dated
December 1, 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.
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Section 8. Continuing Disclosure. 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, 2012 the following financial information
and operating data in respect of the City (the "Disclosure Information"):
(A) the audited financial statements of the City for such fiscal
year, prepared in accordance with generally accepted accounting
principles in accordance with the governmental accounting standards
promulgated by the Governmental Accounting Standards Board or as
otherwise provided under Minnesota law, as in effect from time to time,
or, if and to the extent such financial statements have not been prepared in
accordance with such generally accepted accounting principles for reasons
beyond the reasonable control of the City, noting the discrepancies
therefrom and the 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 fiscal officer of the City, to the
best of his or her knowledge, which certification may be based on the
reliability of information obtained from governmental or other third party
sources:
Current Property Valuations; Direct Debt; Tax Levies and
Collections; Population Trend; Employment/Unemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not
available by the date specified, the City shall provide on or before such date unaudited financial
statements in the format required for the audited financial statements as part of the Disclosure
Information and, within 10 days after the receipt thereof, the City shall provide the audited
financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is
updated as required hereby, from other documents, including official statements, which have
been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC.
If the document incorporated by reference is a final official statement, it must be available from
the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure
Information each document so incorporated by reference.
If any part of the Disclosure Information can no longer be generated because the
operations of the City have materially changed or been discontinued, such Disclosure
Information need no longer be provided if the City includes in the Disclosure Information a
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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) of this subsection (b)), 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 (1) or subsection (d), then the City shall include in the next Disclosure Information to
be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment
and the effect of any change in the type of financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is a
Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(F) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(II) Bond calls;
(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
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within the meaning of applicable federal securities laws, as interpreted at the time of discovery of
the occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information
required under paragraph (1) of this subsection (b) 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 paragraph (2) of subsection (d);
(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) as follows:
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection (b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this Section 8 shall remain in effect so long as any
Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the
City under this Section 8 shall terminate and be without further effect as of any date on which the
City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative
action or final judicial or administrative actions or proceedings, the failure of the City to comply
with the requirements of this Section 8 will not cause participating underwriters in the primary
offering of the Bonds to be in violation of the Rule or other applicable requirements of the
Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or
amendatory thereof
(2) This Section 8 (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as provided in
paragraph (3) of subsection (b)) or the consent of the Owners of any Bonds, by a resolution of
this Council filed in the office of the recording officer of the City accompanied by an opinion of
Bond Counsel, who may rely on certificates of the City and others and the opinion may be
-17-
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.
I'f the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the reasons for
the amendment and the effect, if any, of the change in the type of financial information or
operating data being provided hereunder.
(3) This Section 8 is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the
Rule.
Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds. The
City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment
of issuance expenses to Klein Bank, on the closing date for further distribution as directed by the
City's financial advisor, Ehlers & Associates, Inc.
Attest:
City Clerk
Mayor
41
42
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.
-19-
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted December 13,
2011, awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $2,215,000 General Obligation Refunding Bonds, Series 201113, of the City, to be
dated, as of December 29, 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)
43
COUNTY AUDITOR'S CERTIFICATE AS TO
REGISTRATION OF BONDS AND TAX LEVY
CITY OF ST. ANTHONY, MINNESOTA
I, the undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certify that there has been filed in my office a certified copy of a
resolution of the City Council of the City of St. Anthony, in said County, adopted December 13,
2011, awarding the sale, fixing the form and details and providing for the execution, delivery and
security of $2,215,000 General Obligation Refunding Bonds, Series 2011B, of the City, to be
dated, as of December 29, 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)
45
MEMORANDUM
DATE: December 5, 2011
TO: City Council
FROM: Mark Casey, City Manager
Roger Larson, Finance Director
ITEM: GENERAL FUND BUDGET/LEVY
At the April 4th, May 2nd, May 31 st and August I st work sessions, the City Council and
Staff reviewed the 2012 General Operating and Capital Equipment Budgets.
Based on discussions with the Council, Staff has prepared a proposed 2012 General
Operating Budget totaling $5,498,650. This represents a $20,650 dollar or a 0.38%
percent increase from 2011. The parameters for preparing the budget included:
1) The budget was prepared using the 3 -Year Averaging Method.
2) Salaries & employer health insurance contribution:
a. I% salary increase.
b. $100 per month increase in family/employer
health insurance contribution
The 2012 General Operating Levy totals $3,045,166, which represents an increase of
$99,655 dollars.
A review of the proposed 2012 total levy is as follows:
The proposed 2012 Capital Equipment Budget totals $409,200. These purchases have no
impact on the tax levy. They are funded by a combination of liquor reserve funds, liquor
operating profits, MSA revolving funds, water filtration interest earnings, and the
trade/sale of existing equipment.
The annual transfer of Liquor Operating Profits helps reduce taxes and provides funding
for capital equipment. In 2012, Liquor Operations will transfer $305,800 to the General
Fund and $94,200 to the Capital Equipment Fund.
Amount
Increase
General Operating Levy
$3,045,166
$ 99,655
Road Improvement Levy
$1,500,755
$132,263
Lease Revenue I3onds
$ 409,773
$ 3,097
HRA Levy
$ 110,500
$ - 0 -
Tax Abatement
$ 149,395
$ 4,329
PERA Levy
$ 7,500
$ - 0 -
Total Levy
$5,223,089
$239,344 — 4.80%
The proposed 2012 Capital Equipment Budget totals $409,200. These purchases have no
impact on the tax levy. They are funded by a combination of liquor reserve funds, liquor
operating profits, MSA revolving funds, water filtration interest earnings, and the
trade/sale of existing equipment.
The annual transfer of Liquor Operating Profits helps reduce taxes and provides funding
for capital equipment. In 2012, Liquor Operations will transfer $305,800 to the General
Fund and $94,200 to the Capital Equipment Fund.
Page 2
To help offset the cost of operations and capital equipment, Staff will continue to seek
Grants and Donations from Federal, State and private sources. Since 1999 to date, the
City has received $15,749,456 which represents $1,917.03 per resident.
Some recent Grants include: a FEMA Grant for Fire Department equipment; a Homeland
Security Grant that pays for 75% of the cost of an Outdoor Warning Siren; Federal and
State Vest Grants for the Police Department; on-going Safe and Sober Grants for Public
Safety; and a MWMO Grant provided funding for an over -seeder for Public Works.
For 2012, the median taxable valuation in St. Anthony is $223,000. Based on the median
valuation of $223,000, the "City Portion" of property taxes totals $1,382.85. A
breakdown of the taxes is as follows:
1)
General Fund Budget
$
823.65
2)
Road Improvements
$
405.92
3)
Public Facilities
$
110.84
4)
Tax Abatement
$
40.41
5)
PERA Rate Increase
$
2.03
Total
$1,382.85
At tonight's Council meeting (December 13"i), Staff is presenting the proposed 2012
General Operating Budget and the Property Tax Levy to the City Council. A resolution
needs to be passed adopting the budget and certifying the final tax levy to Hennepin and
Ramsey Counties.
Recommendation:
Council approves resolution 411-081 setting the 2012 General Operating Budget
totaling at $5,498,650 and certifying a final Property Tax Levy of $5,223,088.66.
Budget e Calendar ® e
✓ ]anuary 13 & 14 2011— Goal Setting, financial Management
Planning and Buc g ng Discussions.
April 4, 2011— Work Session Financial Planning, 5-Year Capital
Equipment Funding Gap, Liquor Revenue Bonds:'
✓
April 26, 2011— Public Hearing for Resident Input.
✓ May 2, 2011— Work Session to Review 2012.Operating Budget &
5-Year Capital Equipment Needs.
✓ May 31_,, 2011— Work Session to Review the 2012 Operating and
Capital Equipment Budgets.
✓
August 1, 2011— Work Session to Review Proposed 2012
Operating Budget and Tax Levy.
✓
August 9, 2011— Presentation of the Proposed 2012 Operating
Budget and Property Tax Levy to the City Council.
✓ September 13, 2011— Resolution Passed Setting Proposed 2012
Budget and Property Tax Levy and Announce the Date and Time of
the Adoption Meeting.
✓ November 15, 2011— Proposed Property Tax Statements mailed to
Residents.
❑ December 13, 2011— Presentation of 2012 Operating Budget &
Final Adoption of the 2012 Property Tax Levy.
General
Fund Budget/Levy,
2011
2012
Dollar"
Budget
Budget
Increase Percentage
$5,478,000
$5,498,650
$ 20,650 6.38%
2011
2012
Dollar
Levy
Levy
Increase
$2,9451511*
$3,045,166
$ 99,655
*Same Levy for 2009, 2010 & 2011
Increase
2011
2011
Decrease
•
Property Tax Levy
$2,945,511
$ 3,045,166
$ 99,655
•
Tax, Penalties/Interest
$ 10,500
$ 10,500
$ 0.00
•
Property Clean -Up
$ 22,300
$ -0-
($ 22,300)
e
Licenses
$ 41,600
$ 43,900
$ 2,3001
.-
Permits
$ 204,900
$ 195,825
($ 9,075)
e.
Intergovernmental
$ 164,400
$ 167,200
$ 2,800
c
Police Contracts
$ 1,180,334
$1,192,138
$11,804
Municipal Court Fines
$ 118,500
$ 110,750
($ 7,750)
Miscellaneous Revenue
$ 256,655
$ 270,771
$ 14,116
Transfers
$ 448,400
$ 462,400
$ 14,000
Fund Balance/ Reserves
$ 84.900
$ - 0 _
( 84900
Total Revenue
$ 5,478,000
$ 5,498,650
$ 20,650
Percentage 0.38%
St.Levies
Impact Property
® General Fund Levy.
® Road Improvement Levy.
®Lease Revenue Bonds (Public Facilities).
® HRA Levy.
P. Tax Abatement Bonds
® PERA Rate Increase.
Total increasein all, Levies =,$239,3444 8%
WhoKeceives My
op
T7- �' ;!
` ` ;
,2011
2012
P.
General Fund,
$2,9:45,511
$3,045,166 r
®
Road Improvements
$1;368,492 -
$1,500,755
®
Lease Revenue Bonds.
$ 406,676
$ 409,773
®
HRA Levy
$ .110,500
$ 110,500
®
Tax Abatement
$,.145,066
$ 149,395
®
PERA Levy
$ 7,500'
$' 7,500
Total Levy
$4,983,745
$5,223,089
Total increasein all, Levies =,$239,3444 8%
WhoKeceives My
op
T7- �' ;!
Portion"" of 21. 12
Property Taxes
®General Fund Budget
$" 823.65
Roads
$ 405.92
® Public Facilities
$ 110.84
®Tax Abatement
$ 40.41
® PERA Rate Increase
2.03
$1,382.85
Issuance f
Impact
® Issued 2011A Street Improvement Bond
Totaling $1,940,000.
11
® Beldon Drive
Coolidge Street
P. Harding Street
® Edward Street
® Street Reconstruction, Water Main, Sanitary Sewer
and Storm Water Improvements.
® 2012 — Average Cost for Road Improvements = $405.92.
tfl
quipmen
1-1 Proposed 2012 Budget•
No Impact on Levy —Funded by Other Revenue Sources
"Liquor Profits, Grants & Interest Earnings.
► Police $132,500
® Squad Cars (3), Mobile Computers, Tasers/Firearms.
► Fire $"40,500
Turnout.Gear, Rescue Tools, Saws, Copier Nozzle
.Replacement, Defibrillators.
►. Yumlc worKS $190,000
Single;Axel Plow Truck,.]ohn Deere -Tice Rink `Brdoit
Playground Equipment, Snow.Blov✓er Attachment for Bob
Cat.
► Finance/Administration $ 37,200
®Phone System/9thernet Upgrades, Desk-top,Computers,
Business Hub/Copier/Fax Machine
► Liquor $ 9,000
CoolerRacking/Stand Alone - 2 Door Reach in.Cooler
s- Donations from Local
Business/ Residents.
®Partnered with Other Government
Entities.
$1y917.03
` f1q_J.t3S P: a. Resident .ytFyr.,rt.
(Based "Ii ! ? Population
4oylFus f} ion • 5 8,226)
® General Operating Budgettotals;$5,498,650.
3 -Year Averaging Method'Was used to Prepare Budget:'
® Salaries/Health Insurance Increase:
a Public Works. Fire and Non -Union Personnel.
® 1.000/0 Salary Increase.
. $100 per Month Increase for family Coverage.
a Police -.Pending Negotiations with Labor.Union.,
® Increase in General Fund Levy = $991655.
r; Proposed 2012 Capltal;Equipment Budget, $409;200;
Final. Steps of the Bud
get Process.
® December, 13th:. (Tonight's Meeting)
a.' Final Presentation of the 2012 General Operating Budget
and Proposed Property Tax Levy.
Council Approve Resolution Setting.the 2012 General
Operating Budget and Property Tax Levy.
P. Questions about your Property Tax Statements?
• Roger Larson, Finance Director (612) 782-3316
Oma�zVt ;G,,,,, .� aEr,i'i:'r^.,.'i'u!�u�iiiu�..'J_f�:��,it`3iS
• Ramsey County 651-266-2000.
• Hennepin County 612-348-3046.
• I.S.D. #282 612-706-1000
State_ Legislature
® July 2011 Special Session Legislature:
• Eliminated Homestead Market Value Credit (MVC)
• Market Value Credit Reduced Net Taxes Paid
P. Homes Valued at $76,000 or more but
less than $413,800 Received the Credit.
® Maximum Credit Received = $304.00
(Home Valued at $76,000)
r As Value increased over $76,000 MVC went Down.
(Became $0 after $413,800)
• Implemented — "Homestead Market Value Exclusion".
® Homes Valued at $76,000 or more but
less than $413,800 receive the Exclusion.
® Maximum Market Value Exclusion = $30,400
(Home Valued at $76,000)
® As Value increases over $76,000 Exclusion goes
down (becomes $0 after $413,800)
Anthony Property Tax StatisticFs
® Market Value Credit no Longer Exists.
.Homestead Market Value Exclusion Implemented.
® Property Tax Levy Increased 4.8%
Residential Property Taxes
19.6% - (20.0%) Decrease to 0.0% Increase in Taxes.
• 59.7% - 1.0% to 4.9% Increase in Taxes.
19.8% - 5.0% to 9.9% Increase In Taxes.
® 0.9% - 10.0% or Greater Increase in Taxes.
CITY OF ST ANTHONY 58
RESOLUTION No. 11-081
A RESOLUTION SETTING THE CITY OF ST. ANTHONY'S
2012 GENERAL OPERATING
BUDGET AND PROPERTY TAX LEVY.
WHEREAS, Minnesota State Law requires the City of St. Anthony provide Hennepin and Ramsey
Counties with a 2012 certified operating budget and property tax levy; and
WHEREAS, the City Council discussed key financial issues and budgeting goals at the January, 2011, goal setting
session, held a Public Hearing on April 26, 2011, reviewed the 2012 property tax levy, budget and
capital equipment needs at their April 4, 2011, May 2, 2011, May 31, 2011 and August 1, 2011, work
sessions; and
WHEREAS, the City Council further reviewed the 2012 operating budget, property tax levy at its August 9, 2011,
council meeting; and
WHEREAS, The City Council held the required budget meeting on December 13, 2011, 7:00 P.M. in its Council
Chambers, to discuss the 2012 operating budget and property tax levy with the residents of St. Anthony;
and
WHEREAS, the information required for the City Council to determine a definitive 2012 property tax levy has been
collected.
NOW, THEREFORE, BE IT RESOLVED that:
1) The proposed collectible 2012 Property Tax Levy is:
General Operating Fund Property Tax Levy
Road Improvement Levy
Lease Revenue Bonds
Housing & Redevelopment Authority Levy
Tax Abatement Levy
PERA Rate Increase Levy
Total Proposed 2012 Tax Levy
2) The proposed 2012 General Operating Budget totals $5,498,650.
Adopted this 13th day of December, 2011
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
$3,045,166.00
$1,500,754.84
$ 409,773.00
$ 110,500.00
$ 149,394.82
$ 7,500.00
$5,223,088.66
YD'B�S®
&Associates Inc. Engineering . Planning a Environmental . Construction
December 5, 2011
Honorable Mayor and City Council
C/O Jay Hartman
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 5518
Re: Rice Creek Watershed District Cost -Share Agreement
Dear honorable Mayor and City Council:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-5414800
Fax: 763-541-1700
Enclosed is a copy of the Cost -Share Agreement with Rice Creek Watershed District (RCWD)
for the Central Park Biofiltration System signed by the RCWD. This project was submitted to
RCWD for funding consideration to reduce runoff rates and to improve the water quality of
storm water discharge from Central Park downstream to Mirror Lake. The agreement awards
$50,000 in matching dollars to the St. Anthony for the improvements.
In order to be fully executed, the agreement must be signed by the City with one fully executed
copy returned to the RCWD.
I will be at your Decemberl3th, council meeting to answer any questions.
Sincerely,
WSB & Associates, Inc.
�/
Todd Hubmer, PE
City Engineer
Attachments
of
Minneapolis a St. Cloud
Equal Opportunity Employer
59
C:\Oaeumrnls aIIC Splings\ba,G mtiu4ttal $filings\Trnlpaeary Inlanel File CmlmtOnllwkF4M000R9WYR STAN mlaw nil 120511 dm
M
RICE CREEK WATERSHED DISTRICT
COST -SHARE AGREEMENT
COST -SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant
Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and the City of Saint Anthony.
RECITALS
A. City of Saint Anthony (City) intends to construct a project "Central Park Biofiltration
System" ("Project"),
B. The Rice Creek Watershed District (District) has a cost -share program for the
improvement and remediation of stormwater management systems in developed urban
environments.
C. In accordance with Program guidelines, the District desires to provide the City cost -
share assistance for the Project.
THEREFORE, in consideration of mutual promises set forth herein and other good and valuable
consideration, the District and the City agree as follows:
CITY RESPONSIBLITIES.
A. Design Plans and Maintenance Plan. The City will submit (1) final Project plans and
specifications and (2) a maintenance plan to the District for the Administrator's written
approval.
B. Construction and Maintenance. The City, through its own personnel and or contractors,
will construct the Project in accordance with the approved Project plans and specifications and
maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the City
will comply with all applicable laws and regulations and will be responsible for acquiring all
permits, approvals and temporary and permanent rights of access or easement.
C. Completion of Construction. The City staff or consulting engineer will certify the
completion of Project construction within 24 months from the effective date of this agreement.
The City will submit to the District documentation of Project expenditures and the certification
of completion.
II. DISTRICT RESPONSIBILITIES.
A. Cost -Share Funds. To defray the Project cost to the City, the District will provide the City
cost -share assistance in the amount of 50 percent of the Project's eligible costs, as determined
by the District, not to exceed $50,000.00.
B. Payment Schedule. On District approval of the Project plans and specifications,
maintenance plan, certification by the City that it has obtained all necessary permits and
approvals, and receipt of the City's issued notice to proceed, the District will disburse 50 percent
of the RCWD Board approved cost -share amount to the City. On District receipt of the
61
certification of completion and review of such Project documentation as it may require, the
District will disburse the remaining RCWD Board approved funds.
C. Contingencies. The District's obligation to provide cost -share funds is contingent on the
City's compliance with the terms of this agreement, including but not limited to Project
completion in accordance with the District -approved plans and specifications within 24 months.
The City will return to the District any cost -share funds already received if this condition is not
satisfied.
III. MISCELLANEOUS.
A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership,
joint venture or agency relationship between the parties. District review or approval of design
plans and specifications, a maintenance plan and any other Project -related documents is solely
for the District's own accounting for funds expended. As between the parties, the City is solely
responsible for selection of the Project design and the means, method and manner of
construction. Nothing in this agreement creates any right in any third party or affects any
immunity, defense or liability limitation enjoyed by either party.
B. Employees. The City represents that it has or will secure, at its own expense, all
personnel and/or contractors required for the performance of this agreement. No City
personnel or contractor will be considered an agent, representative or employee of the District.
C. Liability. The City agrees to hold harmless and indemnify the District, and its managers,
staff and representatives, against any claim, expense or damage, including attorney fees, arising
from the performance of this agreement.
D. Assignment or Modification. This agreement binds and inures to the benefit of the City
and the District, and their respective successors and assigns. Neither party may assign this
agreement without the prior written consent of the other. Any modification of the agreement
must be in writing and signed by both parties.
E. This agreement is effective as of the date all of the signatures below have been provided
Dated: 2011 City of Saint Anthony
am
Its:
Dated: d, � 2011 Rice Creek Watershed District
By.
Pa ricia Preiner, President
Board of Managers
C:
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-082
A RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY VILLAGE AND THE
RICE CREEK WATERSHED DISTRICT FOR CONSTRUCTION OF THE CENTRAL
PARK BIOFILTRATION SYSTEM
WHEREAS, The City of St. Anthony Village intents to construct a project "Central Park Biofiltration
System; and
WHEREAS, The Rice Creek Watershed District has a cost -share program for the improvements and
remediation of stormwater management systems in developed urban environments; and
WHEREAS, In accordance with Program guidelines, the District desires to provide the City cost -share
assistance for the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village:
1) the City Council agrees to accept and approve the Grant Agreement between the City of St. Anthony
Village and the Rice Creek Watershed District; and
2) the City Council hereby authorizes the City Manager and the City Clerk to execute said Agreement
for and on behalf of the City of St. Anthony Village and accept $50,000.
Adopted this 13t" day of December, 2011.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
F. Council Meetings1201111213201 AReso/Wien Accept RCD grmn.doc
WSB
A iliFAM . b,rr Engineering s Planning o Environmental a Construction
December 5, 2011
The Honorable Mayor, City Council and Staff
C/o Jay Hartman
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony Village, MN 55418-1603
Re: Agency Delegated Contracting Process Agreement
Agency Agreement No. 99919
St. Anthony Village, MN
Dear Honorable Mayor, City Council, and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541.4600
Fax: 763-541.1700
Following this letter is an agreement and resolution for your consideration at the December 13,
2011 City Council Meeting.
This agreement is intended to cover all federally funded projects that the City of St. Anthony is
awarded funds. This agreement supersedes agreement number 86533, which was executed in
2003. There are no substantial changes to the agreement; instead, the changes clarify current
Mn/DOT State Aid policies and procedures required for all federally funded project agreements.
The resolution for your consideration replaces agreement number 86553 with the attached
agreement number 99919.
If you have any questions on this issue please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
Minneapolis . St. Cloud
Equal Opportunity Employer
K b106570W.inW—hlw %JR.hl-170Md-
63
aOtTtNNESOT,gyo
Minnesota Department of Transportation
A State Aid for Local Transportation
B 395 John Ireland Boulevard, MS 500
OF TPeao Saint Paul, MN 55155
October 28, 2011
Todd Hubmer
St. Anthony City Engineer
WSB
701 Xenia Avenue So., #300
Minneapolis MN 55416
SUBJECT: Agency Delegated Contracting Process Agreement
Agency Agreement No. 99919
Dear Mr. Hubmer:
Attached are three copies of the agency agreement between the City of St. Anthony and
MnDOT, which allows for MnDOT to act as the City's agent in accepting federal aid. This
agreement is intended to cover all federally funded projects that the City of St. Anthony is
awarded funds for until revisions are needed to the agreement. It supersedes the agreement
executed in or about 2003, which is referenced in this agreement. There are not substantial
changes to the agreement. There is a more clear reference to the DCP checklist as well as
requirements and references to other State Aid policies and procedures rather than MnDOT's. I
also get frequent calls questioning the CFDA number for the projects so I added that
information.
While I do not anticipate that the requirements in Section I.J.1 will apply to you, the language
required by federal law and must be included in all federally funded project agreements as of
October 1, 2010. Please review the agreement and if approved, have all three copies signed.
A Council resolution similar to the attached example must be passed. The certified resolution
should then be placed as the last page in each of the three copies of the agreement. Please
verify that the person/title authorized to sign as stated in the resolution, corresponds to the
signature (person/title) on the signature page. Please return all three copies of the agreement to
me for MnDOT signatures. A fully executed copy will be returned to you.
If you have any questions or need any revisions, please feel free to contact me at
651.366.3822.
Sincerely,
Lynnette Roshell, PE
Project Development Engineer
Enclosures
cc: Greg Coughlin DSAE
File
65
MnDOT Agreement No. 99919
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF ST. ANTHONY VILLAGE
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between the City of St. Anthony and the State of
Minnesota acting through its Commissioner of Transportation ("MnDOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the
City agent in accepting federal funds on the City behalf for the construction,
improvement, or enhancement of transportation financed either in whole or in part by
federal funds, hereinafter referred to as the "Project(s)"; and
This agreement is intended to cover all federal aid projects initiated by the City and
therefore has not specific State Project number tied to it, and
The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and
This agreement supersedes agreement number 86533 and;
MnDOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY
A. DESIGNATION. The City designates MnDOT to act as its agent in accepting
federal funds in its behalf made available for the Project(s). Details on the
required processes and procedures are available on the State Aid Website
B. STAFFING.
The City will furnish and assign a publicly employed licensed engineer,
("Project Engineer"), to be in responsible charge of the Project(s) and to
supervise and direct the work to be performed under any construction
contract let for the Project(s). In the alternative where the City elects to use a
private consultant for construction engineering services, the City will provide
a qualified, full-time public employee of the City, to be in responsible charge
of the Project(s). The services of the City to be performed hereunder may not
be assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City
(MnDOT Agreement No. 99919)
Page i
M
from its primary responsibility for performance of the work.
During the progress of the work on the Project(s), the City authorizes its
Project Engineer to request in writing specific engineering and/or technical
services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such
services may be covered by other technical service agreements. If MnDOT
furnishes the services requested, and if MnDOT requests reimbursement,
then the City will promptly pay MnDOT to reimburse the state trunk highway
fund for the full cost and expense of furnishing such services. The costs and
expenses will include the current MnDOT labor additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by
audit. Provision of such services will not be deemed to make MnDOT a
principal or co -principal with respect to the Project(s).
C. LETTING, The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from MnDOT that
the Federal Highway Administration ("FHWA") has authorized the Project(s).
Any Project(s) advertised prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the
construction contract, which will include all of the federal -aid provisions
supplied by MnDOT.
3. The City will prepare and publish the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation the
required language for federal -aid construction contracts as supplied by
MnDOT. The solicitation will state where the proposals, plans, and
specifications are available for the inspection of prospective bidders, and
where the City will receive the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from MnDOT that
such work is allowed by FHWA. Failure to obtain such notification may result
in the loss of some or all of the federal funds for the Project(s).
5. The City will prepare and sell the plan and proposal packages and prepare
and distribute any addendums, if needed.
6. The City will receive and open bids.
After the bids are opened, the City Council will consider the bids and will
award the bid to the lowest responsible bidder, or reject all bids. If the
construction contract contains a goal for Disadvantaged Business
Enterprises, the City will not award the bid until it has received certification of
the Disadvantaged Business Enterprise participation from the MnDOT Equal
Employment Opportunity Office.
D. CONTRACT ADMINISTRATION.
(WDOT Agreement No. 99919)
Page 2
67
The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor," in
accordance with the special provisions and the latest edition of MnDOT's
Standard Specifications for Construction and all amendments thereto.
The Project(s) will be constructed in accordance with plans, special
provisions, and standard specifications of each Project. The standard
specifications will be the latest edition of MnDOT Standard Specifications
for Highway Construction, and all amendments thereto. The plans, special
provisions, and standard specifications will be on file at the City Engineer's
Office. The plans, special provisions, and specifications are incorporated
into this agreement by reference as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment
necessary to properly supervise, inspect, and document the work for the
Project(s). The services of the City to be performed hereunder may not be
assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City
from its primary responsibility for performance of the work.
4. The City will document quantities in accordance with the guidelines set forth
in the Construction Section of the Electronic State Aid Manual that were in
effect at the time the work was performed.
5. The City will test materials in accordance with the Schedule of Materials
Control in effect at the time each Project was let. The City will notify
MnDOT when work is in progress on the Project(s) that requires
observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
6. The City may make changes in the plans or the character of the work, as
may be necessary to complete the Project(s), and may enter into
supplemental agreement(s) with the Contractor. The City will not be
reimbursed for any costs of any work performed under a supplemental
agreement unless MnDOT has notified the City that the subject work is
eligible for federal funds and sufficient federal funds are available.
7. The City will request approval from MnDOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to
incurring such costs. Failure to obtain such approval may result in such
costs being disallowed for reimbursement.
8. The City will prepare reports, keep records, and perform work so as to
enable MnDOT to collect the federal aid sought by the City. Required
reports are listed in the MnDOT State Aid Manual, Delegated Contract
Process Checklist, available from MnDOT's authorized representative. The
City will retain all records and reports in accordance with MnDOT's record
retention schedule for federal aid projects.
9. Upon completion of the Project(s), the Project Engineer will determine
whether the work will be accepted.
(WDOT Agreement No. 99919)
Page 3
PAYMENTS.
W.
1. The entire cost of the Project(s) is to be paid from federal funds made
available by the FHWA and by other funds provided by the City. The City will
pay any part of the cost or expense of the Project(s) that is not paid by
federal funds.
2. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each
partial estimate. Following certification of the partial estimate, the City will
make partial payments to the Contractor in accordance with the terns of the
construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnDOT and will include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the teens of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the
final estimate, the City will make the final payment to the Contractor in
accordance with the terms of the construction contract for the Project(s).
5. Following certification of the final estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnDOT and will include a copy of the certified final estimate along
with the required records.
LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the Federal Highway Administration and
the State of Minnesota that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance (42 U.S.C. 2000d). Through
expansion of the mandate for nondiscrimination in Title VI and through
parallel legislation, the proscribed bases of discrimination include race, color,
sex, national origin, age, and disability. In addition, the Title VI program has
been extended to cover all programs, activities and services of an entity
receiving Federal financial assistance, whether such programs and activities
are Federally assisted or not. Even in the absence of prior discriminatory
practice or usage, a recipient in administering a program or activity to which
this part applies, is expected to take affirmative action to assure that no
person is excluded from participation in, or is denied the benefits of, the
program or activity on the grounds of race, color, national origin, sex, age, or
disability. it is the responsibility of the City to carry out the above
requirements.
(MMo,r Agreement No. 99919)
Page 4
G.
H.
Rus
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or
permitted by the City under this agreement will not be considered employees
of MnDOT, and any and all claims that may arise under the Workers'
Compensation Act of Minnesota on behalf of said employees, or other
persons while so engaged, will in no way be the obligation or responsibility of
MnDOT. The City will require proof of Workers' Compensation Insurance
from any contractor and sub -contractor.
Utilities. The City will treat all public,
facilities which directly or indirectly
highway rights of way in conformance
incorporated herein by reference.
AUDIT.
private or cooperatively owned utility
serve the public and which occupy
with 23 CFR 645 "Utilities" which is
The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are incorporated
herein by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all
books, records, documents, and accounting procedures and practices of the
City are subject to examination by the United States Government, MnDOT,
and either the Legislative Auditor or the State Auditor as appropriate, for a
minimum of seven years. The City will be responsible for any costs
associated with the performance of the audit.
MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and all lawful claims
arising out of or incidental to the Project including, without limitation, claims
related to contractor selection (including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ultra vires acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold MnDOT
harmless from any claims or costs arising out of or incidental to the Project(s),
including reasonable attorney fees incurred by MnDOT. The City's
indemnification obligation extends to any actions related to the certification of
DBE participation, even if such actions are recommended by MnDOT.
J. Federal Funding Accountability and Transparency Act (FFATA). This Agreement
requires the City to provide supplies and/or services that are funded in whole or in
part by federal funds that are subject to FFATA. The City is responsible for
ensuring that all applicable requirements, including but not limited to those set
forth herein, of FFATA are met and that the City provides information to the
MnDOT as required.
1. Reporting'of Total Compensation of the City's Executives.
(W DOT Agreement No. 999 t9)
Page 5
70
a. The City shall report the names and total compensation of each of
its five most highly compensated executives for the City's
preceding completed fiscal year, if in the City's preceding fiscal
year it received:
80 percent or more of the City's annual gross revenues
from Federal procurement contracts and Federal financial
assistance subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards); and
$25,000,000 or more in annual gross revenues from
Federal procurement contracts (and subcontracts), and
Federal financial assistance subject to the Transparency
Act (and subawards); and
The public does not have access to information about the
compensation of the executives through periodic reports
filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.qov/answers/execotnp,htin,).
Executive means officers, managing partners, or any other employees in
management positions.
b. Total compensation means the cash and noncash dollar value
earned by the executive during the City's preceding fiscal year
and includes the following (for more information see 17 CFR
229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation
rights. Use the dollar amount recognized for financial
statement reporting purposes with respect to the fiscal year
in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non -equity incentive plans.
This does not include group life, health, hospitalization or
medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all
salaried employees.
iv. Change in pension value. This is the change in present
value of defined benefit and actuarial pension plans.
V. Above -market earnings on deferred compensation which is
not tax qualified.
vi. Other compensation, if the aggregate value of all such
other compensation (e.g. severance, termination
payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive
exceeds $10,000.
(MnDOT Agreement No. 99919)
Page 6
71
The City must report executive total compensation described above to the
MnDOT by the end of the month during which this agreement is awarded.
The City will obtain a Data Universal Numbering System (DUNS) number
and maintain its DUNS number for the term of this agreement. This
number shall be provided to MnDOT on the plan review checklist submitted
with the plans for each project. More information about obtaining a DUNS
Number can be found at: http://fedgov.dnb.com/webform/
4. The City's failure to comply with the above requirements is a material
breach of this agreement for which the MnDOT may terminate this
agreement for cause. The MnDOT will not be obligated to pay any
outstanding invoice received from the City unless and until the City is in full
compliance with the above requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
PROJECT ACTIVITIES.
1. MnDOT will make the necessary requests to the FHWA for authorization to
use federal funds for the Project(s), and for reimbursement of eligible costs
pursuant to the terms of this agreement.
2. MnDOT will provide to the City copies of the required Federal -aid clauses to
be included in the bid solicitation and will provide the required Federal -aid
provisions to be included in the Proposal for Highway Construction.
3. MnDOT will review and certify the DBE participation and notify the City
when certification is complete. If certification of DBE participation (or good
faith efforts to achieve such participation) cannot be obtained, then City
must decide whether to proceed with awarding the contract. Failure to
obtain such certification will result in the project becoming ineligible for
federal assistance, and the City must make up any shortfall.
4. MnDOT will provide the required labor postings.
C. PAYMENTS.
MnDOT will receive the federal funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. MnDOT will reimburse the City, from said federal funds made available to
each Project, for each partial payment request, subject to the availability. and
limits of those funds.
3. Upon completion of the Project(s), MnDOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Project
is found to have been completed in accordance with the plans and
(MnDOT Agreement No. 99919)
Page 7
72
specifications, MnDOT will promptly release any remaining federal funds due
the City for the Project(s).
4. In the event MnDOT does not obtain funding from the Minnesota Legislature
or other funding source, or funding cannot be continued at a sufficient level to
allow for the processing of the federal aid reimbursement requests, the City
may continue the work with local funds only, until such time as MnDOT is
able to process the federal aid reimbursement requests.
D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the
state and federal government will have the right to audit, evaluate and monitor
the work performed under this agreement. The City will make available all books,
records, and documents pertaining to the work hereunder, for a minimum of
seven years following the closing of the construction contract.
III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts
and omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs MnDOT liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by the same parties who executed the original agreement, or their successors
in office.
VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 16C.05.
VII. CANCELLATION. This agreement may be canceled by the City or MnDOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a cancellation the City will be entitled to
reimbursement for MnDOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of cancellation subject to the terms of
this agreement.
VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota
Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data
gathered, collected, created, or disseminated related to this Agreement.
Remainder of this page left intentionally blank
(MnDOT Agreement No. 99919)
Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF ST. ANTHONY VILLAGE 2. DEPARTMENT OF TRANSPORTATION
City certifies that the appropriate person(s)
have executed the contract on behalf of the
City as required by applicable articles, By:
bylaws, resolutions or ordinances
M
By:
Date:
Title: Director
State Aid for Local Transportation
3. COMMISSIONER OF ADMINISTRATION
By:
(Mnuo'r Agreement No. 99919)
Page 9
73
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-083
A RESOLUTION APPOINTING THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL AID.
WHEREAS, The Minnesota Department of Transportation has requested to amend the existing
agency agreement to incorporate and clarify current State Aid policies and procedures; and
WHEREAS, Agency Agreement No. 99919 will supersede Agency Agreement No. 86533; and
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the
Commissioner of Transportation be appointed as Agent of the City of St. Anthony to accept as its
agent, federal aid funds which may be made available for eligible transportation related projects;
and
NOW, THEREFORE, BE YI' FURTHER RESOLVED, by the City Council of the City of St.
Anthony Village that the Mayor and the City Manager are hereby authorized and directed for and
on behalf of the City of St. Anthony Village to execute and enter into an agreement with the
Commissioner of Transportation prescribing the terms and conditions of said federal aid
participation as set forth and contained in "Minnesota Department of Transportation Agency
Agreement No. 99919", a copy of which said agreement was before the City Council and which is
made a part hereof by reference.
Adopted this 13°i day of December, 2011.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
G Doewnenrs and Seuiegrlbarb.suclaV.ocal SeningrlTeniporay Lvlernel 1-lleslConlenLOu116oklF4MUOQR9112esolallon 71-xxx -Agency DCP.docx
FDA
75
Report Date:
Meeting Date:
RF6—? FST FOR COkNC(L. CONS(D�1` 4TlON
December 13, 2011
December 13, 2011
Agenda Section: VI. F.
ITEM DESCRIPTION:
Resolution 11-084; Approving a Joint Powers Agreement with the City of New Brighton for
Fuel Purchasing for the period of February 1, 2012 to January 1, 2014
OVERVIEW:
Attached is a Joint Powers Agreement for the City of St. Anthony and the City of New
Brighton for fuel purchasing. This agreement will commence on February 1, 2012 and will
continue until January 1, 2014. New Brighton will pay for all costs related to fuel purchases.
In addition, the agreement indicates that New Brighton will pay for costs up to $1.0,000 to
upgrade St. Anthony's fuel dispensing system including a new keycard system and software
upgrades for accounting and billing purposes.
Jay Hartman
Public Works Director
Attachments:
• Joint Powers Agreement for Fuel Purchasing
• Resolution 11-084; Approving a Joint Powers Agreement with the City of New Brighton for Fuel Purchasing
for the period of February 1, 2012 to January 1, 2014
rAComicil Meetings\2011\12132011\staffjpa new bcighton.doc -I -
76
JOINT POWERS AGREEMENT FOR FUEL PURCHASING
This Agreement is made as of the _ day of 2011, by and between the
City of New Brighton, Minnesota ("New Brighton"), and the City of St. Anthony, Minnesota
("St. Anthony"), both Minnesota municipal corporations, pursuant to the authority of Minnesota
Statutes, Section 471.59.
WHEREAS, the State of Minnesota secures bids for the purchase of various fuels Linder
the State Fixed Price Program ("State Program"); and
WHEREAS, participating political subdivisions of the State may purchase fuels from the
successful vendor under the State Program; and
WHEREAS, St. Anthony has fuel storage facilities that can be used for acceptance of
delivery of fuel purchased under the State Program; and
WHEREAS, New Brighton wishes to enter into an agreement with St. Anthony under
which New Brighton will be able to purchase fuels at State Program rates, using St. Anthony's
fuel facilities; and
WHEREAS, St. Anthony's fuel facilities are in need of upgrading to accommodate the
use of the facilities by New Brighton; and
WHEREAS, New Brighton is willing to compensate St. Anthony for the use of its
facilities and St. Anthony is willing to make its facilities available to New Brighton under the
terms and conditions hereinafter set forth.
NOW, THEREFORE, on the basis of the premises and the mutual promises hereinafter
set forth, the parties hereto agree as follows:
1. St. Anthony will upgrade its fuel systems by adding a new key card system and software
upgrades for accounting and billing so that its facilities may be used to store and dispense
fuels purchased on behalf of the city of New Brighton from the State Program. These
upgrades shall be installed and functioning as of December 31, 2011. New Brighton will
pay to St. Anthony the actual, out-of-pocket costs of such upgrades, up to a maximum of
Ten Thousand Dollars ($10,000). New Brighton will pay such costs within receipt of an
invoice from St. Anthony showing actual expenses incurred, within 15 days of receipt of
the invoice.
2. St. Anthony will participate in the State Program for at least the period from February 1,
2012 to January 1, 2014. In addition to fuels for its own use, St. Anthony will order the
amount of fuel specified by New Brighton for New Brighton's use.
393047v1 CLL NE136.24
St. Anthony will maintain the fuel facilities at its own expense, accept delivery of the fuel
and make its fuel storage facilities available to New Brighton, 24 hours a day, seven days
a week, at no additional cost other than the service charge specified in paragraph 6, for
the 23 -month period of this contract, and any extensions hereof, plus 30 days after the
termination of the contract to allow New Brighton to use up any remaining fuel that it has
ordered.
4. St. Anthony will act as the go-between for New Brighton for the purchase of fuels under
the State Program, including the purchase of the guaranteed monthly purchase of fuel and
the purchase of additional fuel on the spot market, and for payment of charges for failure
to accept delivery of the guaranteed amount. St. Anthony will not be responsible for any
costs attributable to New Brighton's fuel purchases, but will pass all such costs through
to New Brighton, and New Brighton will pay all costs incurred and be credited with any
credits or rebates attributable to its participation, as though New Brighton were
participating in the State Program directly. All invoices from St. Anthony for such costs
will be paid by New Brighton within 15 days of receipt.
5. This Agreement will be extended automatically after January 1, 2014 for additional one-
year terms, unless either party terminates the Agreement effective at the end of a one-
year term, with at least 120 days' written notice to the other party.
Commencing with fuel purchased after July 1, 2013, New Brighton will pay St. Anthony
a service charge of 10 cents for each gallon purchased. The service charge may be
adjusted by the mutual consent of the parties.
IN WITNESS WHEREOF, the parties hereto, by their authorized representatives, have
executed this Agreement as of the day and date first above written.
CITY OF ST. ANTHONY
By: _
Its Mayor
And by: _
Its Manager
CIT
By:
And
393047v1 CLLNB136-24
77
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79
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-084
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND THE CITY OF NEW BRIGHTON
FOR FUEL PURCHASING FOR THE PERIOD OF
FEBRUARY 1, 2012 TO JANUARY 1, 2014.
WHEREAS, the City of St. Anthony (St. Anthony) will be entering into a Joint Powers
Agreement with the City of New Brighton (New Brighton) for fuel purchasing;
and
WHEREAS, New Brighton will pay for the cost of system upgrades to St. Anthony's system
including: a) a new keycard system and b) software upgrades for accounting and
billing; and
WHEREAS, New Brighton will pay for the actual, out-of-pocket costs of such upgrades, up to
a maximum of $10,000. New Brighton will pay such costs within receipt of an
invoice from St. Anthony showing actual expenses incurred, within 15 days of
receipt of the invoice; and
WHEREAS, St. Anthony will participate in the State Fixed Price Fuel Program (the "State
Program") for at least the period from February 1, 2012 to January 1, 2014; and
WHEREAS, in addition to fuel for its own use, St. Anthony will order the amount of fuel
specified by New Brighton for their use; and
WHEREAS, St. Anthony will maintain the fuel facilities at its own expense, accept delivery of
the fuel and make its fuel storage facilities available to New Brighton, 24 hours a
day, seven days a week, at no additional cost for the 23 month period of the
contract (plus 30 days after the termination of the contract term to allow New
Brighton to use up any remaining fuel that it has ordered); and
WHEREAS, St. Anthony will act as the go-between for New Brighton in the purchase of fuels
from the State under the State Program for the purchase of the guaranteed
monthly purchase of fuel, for the purchase of additional fuel on the spot market
and for payment of charges for failure to accept delivery of the guaranteed
amount; and
WHEREAS, St. Anthony will not be responsible for any costs attributable to New Brighton's
fuel purchases, but will pass all such costs through to New Brighton and New
Brighton will pay all costs incurred and be credited with any credits or rebates
attributable to its participation as though New Brighton were participating in the
State Program directly; and
F:\Council Meetings\2011\12132011\res jpa with NB fuel purchasing.doe
PIN
WHEREAS, this agreement will continue automatically after January 1, 2014 for additional
one year terms, unless either party terminates the agreement effective at the end
of a one year term, with at least 120 days written notice to the other party; and
WHEREAS, commencing with fuel purchased after July 1, 2013, New Brighton will pay St.
Anthony a service charge of 10 cents for each gallon purchased. The service
charge may be adjusted by the mutual consent of the parties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Joint Powers Agreement between the City of St. Anthony and the City of New
Brighton for Fuel Purchasing for the period of February 1, 2012 to January 1, 2014.
Adopted this 1.3th day of December, 2011.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
F:\Council Meetings\2011\1213201 I\res jpa with NB fuel purchasing.doe
FUTURE COUNCIL AGENDA ITEMS
December 13, 2011
Meeting
Meeting
Items/Issues
Staff present
Date
Type
December 27
CANCELLED
Planning Items from December 20
City Council
City Manager
2012
Swearing-In of Elected Officials
Housekeeping Issues
Designation of Mayor Pro Tem
Financial Transactions regarding City Financial Accounts
Official Depository for City Funds
January to
Regular
Legal Newspaper
City Council
Mayor -Outside organizations
City Manager
Council members - Outside organizations
Rules of Conduct for City Council meetings
Elected Official Travel Policy
Autumn Woods Assisted Living Development - tabled from
November 22, 2011
Planning Items from January 17
2012 Street & Utility Improvement Project
City Council
Call for Hearing on Improvements
January 24
Regular
City Manager
Call for Hearing on Assessments
City Engineer
Order Preparation of Assessments
January 31
SPECIAL
Joint Meeting with ISD 282 School Board
City Council
City Manager
February 14
Regular
Planning Commission Items from February 21
2012 Street Project
City Council
Public Hearing
City Manager
February 28
Regular
Ordering Improvements
City Engineer
Adopt and Confirm Assessments
Ehlers &Associate
Award Bid to Contractor
Calling for Sale of Bonds
City Council
Match12
SPECIAL
Joint Meeting with Parks Commission
City Manager
Parks Commission
March 13
Regular
City Council
March 20
SPECIAL
Joint Meeting with Planning Commission
City Manager
Planning Commission
March 27
Regular
Planning Commission Items from March 27
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CTI'Y OF ST. ANTHONY VILLAGE,
December 13, 2011
Call to Order.
Roll Call.
I. Approval of December 13, 2011, H.R.A. Agenda.
11. 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 November 22, 2011, H.R.A. Minutes. (pp. 1 -2)
B. Claims. (p. 3)
C. Resolution 11-005; Authorizing the Transfer of TIF Revenue from Apache TIF District #3-5
to Series 2006 Bond Fund #335 in the amount of $335,675.00 and to Series 2007 Bond Fund
#336 in the amount of $318,395.63. (pp. 4 — 7)
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.
VIIL Adjournment.
FACouncil Meetings12011112132011U IIIA agendapg#.doc
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
NOVEMBER 22, 2011
CALL TO ORDER.
Chair Faust called the meeting to order at 9:17 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth.
Commissioners absent: None.
Also Present: Interim Executive Director Jay Hartman.
I. APPROVAL OF NOVEMBER 22, 2011, HRA MEETING AGENDA
Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the November
22, 2011, IIousing and Redevelopment Authority Agenda as presented.
II. CONSENT AGENDA.
Motion by Commissioner Stille, seconded by Commissioner Roth, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of October 25 2011 • and
B. Claims.
III. PUBLIC HEARINGS.
None.
IV. GENERAL POLICY OF BUSINESS OF THE H.R.A.
None.
V. STAFF REPORTS
None.
VI. H.R.A. COMMISSIONER COMMENTS
None.
VII. INFORMATION AND ANNOUNCEMENTS
None.
Motion carried unanimously.
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Housing and Redevelopment Authority Meeting Minutes
November 22, 2011
Page 2
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 9:19 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Chair
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MEMORANDUM
DATE: December 5, 2011
TO: City Council
FROM: Mark Casey, City Manager
Roger Larson, Finance Director
ITEM: APACHE TIF DISTRICT #3-5 (246)
Apache TIF District #3-5 was established for the redevelopment of Apache Plaza (now
known as Silver Lake Village).
As part of the development agreement, in 2006, the City issued take out financing for the
commercial portion of the project. The bonds issued were Tax Exempt TIF Revenue
Bonds in the amount of $4,975,000 (Series 2006).
In addition, in 2007, the city issued take out financing for the first two condominium
buildings (Phase IA — Housing). These bonds were also issued as Tax Exempt TIF
Revenue Bonds in the amount of $4,640,000 (Series 2007).
The City makes annual principal and interest payments on these bonds and is repaid by
the a transfer of TIP Revenue generated from the parcels that are located in Apache TIF
District 43-5.
The payments made in 2011 include:
Series 2006 — Principal $ 95,000.00
Interest $256,675.00
Agent Fees $ 4,000.00
$355,675.00
Series 2007 — Principal $ 95,000.00
Interest $217,745.63
Agent Fees $ 5,650.00
$318,395.63
Ehlers annually reviews the taxes paid and TIF generated by all developments within the
Apache TIF District #3-5. They have completed their review and confirmed that both
developments generated adequate TIF to make the required 2011 bond payments.
On behalf of the City, Ehlers recommends payment is made on all obligations within the
District for the 2011 TIF Revenue Bonds Series 2006 and Series 2007 bond payments.
The payment is done by transferring TIF Revenue to the Bond Funds.
Recommendation:
To repay the City for the amount of 2011 debt service payments made, Council
approve HRA resolution #11-005 authorizing the transfer of TIF Revenue from
Apache TIF District #3-5 to Series 2006 Bond Fund #335 in the amount of
$355,675.00 and to Series 2007 Bond Fund #336 in the amount of $318,395.63.
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HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION 11-005
A RESOLUTION AUTHORIZING THE TRANSFER OF TIF REVENUE FROM
APACHE TIF DISTRICT #3-5 TO SERIES 2006 BOND FUND #335 IN THE
AMOUNT OF $355,675.00 AND TO SERIES 2007 BOND FUND #336 IN THE
AMOUNT OF $318,395.63.
WHEREAS, the Housing and Redevelopment Authority of the City of St. Anthony
established the Apache TIF District #3-5 for the redevelopment of Apache
Plaza area (now known as Silver Lake Village); and
WHEREAS, per the development agreement, the City issued take out bonds for the
Commercial and Phase IA - Housing portions of the project; and
WHEREAS, the tax increment generated from District #3-5 supports the annual debt
payments for the Series 2006 and 2007 TIF Revenue Bonds; and
WHEREAS, the tax increment revenue generated from the District is to pay for all debt
service obligations for the year; and
WIEREAS, as part of the pay -back process the City transfers TIF revenue from
District #3-5 to the Series 2006 and Series 2007 Bond Funds; and
WHEREAS, the amount of the annual TIF revenue transfer is equal to the amount
of the annual debt service payments.
BE IT RESOLVED, that the Housing Redevelopment Authority of the City of St.
Anthony authorizes the transfer of TIF Revenue from the Apache TIF District #3-5 to
Series 2006 Bond Fund #335 in the amount of $355,675.00 and to Series 2007 TIF
Revenue Bond Fund in the amount of $318,395.63.
Adopted this 13th day of December, 2011.
Chair
Executive Director
UAMICROSOFT WORD DOCUMENPS�APACHETIF DISTRICT 3-5 RESOLUTION TRANSFER 201 Ldoe