HomeMy WebLinkAboutCC PACKET 03272012H.R.A. Meeting immediately
following regular meeting
CITY OF ST. ANTHONY
CITY COUNCIL. MEETING AGENDA
March 27, 2012
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on AH of the .following iterns:
I, Approval of the March 27, 2012, City Council Meeting Agenda. (action requested)
II. Proclamations and Recognitions. (no actionrequested)
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be aro separate discussion of these items taxless a Co endlmember or citizen so requests, in
which spent the item will be remored from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of March 13, 2012, Council Meeting Minutes. (pp. 1-6)
B. Licenses and Permits. (pp. 7-8)
C. Claims. (pp. 9-12)
D. resolution 12-038; Requesting an Advance from the Municipal State Aid Street Fund for Calendar Year 2012
for the City of St. Anthony Village, Minnesota. (pp. 13-16)
IV. Appeal Hearing.
A. Revocation of Cigarette & Tobacco License for Flamezz Hookah Lounge located at 3805 Stinson Blvd.
(pp. 17-28) (motion apptoving councils action)
V. Reports from Commission and Staff. (no zction requested)
VI. General Business of Council.
A. Resolution 12-039; Approve A Request to Keep No More Than Five Female Chickens in an R-1 Zoning
District at 3013 29th Avenue NE. Mark Casey, City Manager is presenting. (pp. 29-34)
B. Resolution 12-040; Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for
the Payment of $9,660,000 General Obligation Bonds, Series 2012A. Stacie Kvilvang, Ehlers & Associates is
presenting. (pp. 35-62)
C. St. Anthony Liquor Operations Annual Report. Mike Larson, Liquor Operations Manager is presenting.
(pp. 63-72)
D. St. Anthony Public Works Annual Report. Jay Hartman, Public Works Director is presenting. (pp. 73-82)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Inditrduak may address the Clry Council about arty item not included on the regularagenda. Speakers are requested to come to the podium, sign their name and address on the form at tlx
podium, state llxir name and address for the Clerk's re=4 and limit tlxir rrmarkr to f to minutes. Generally, the Clty Cuttndl will not take official action on items discussed at this time, but
may typica4 refer the matter to staf fora future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
F:1Council Meetings120121032720121agendapg#.doox
7
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MARCH 13, 2012
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mark Casey, Fire Chief John Malenick, and Police Chief John Ohl.
18
19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
20 ITEMS.
21
22 I. APPROVAL OF MARCH 13, 2012, CITY COUNCIL MEETING AGENDA.
23
24 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
25 Council Meeting Agenda of March 13, 2012.
26
27 Motion carried unanimously.
28
29 11. PROCLAMATIONS AND RECOGNITIONS.
30
31 None.
32
33 I11. CONSENT AGENDA.
34
35 A. Consider February 28 2012 Council meeting minutes;
36 B. Consider licenses andep rmits;
37 C. Consider payment of claims;
38 D. Consider Resolution 12-033; Re -Establishing Unchanged Precincts and Polling Places;
39 E. Consider Resolution 12-034; Accepting a Donation for the Veteran's Memorial from NE
40 Kiwanis Foundation; and
41 F. Consider Resolution 12-035; Accepting a Donation for the Veteran's Memorial from the
42 Kiwanis Club of St. Anthony.
43
44 Mayor Faust noted that the tobacco license for Flamezz Hookah is being issued pending the
45 appeal hearing on March 27, 2012.
46
47 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve the Consent
48 Agenda items.
49
2City Council Regular Meeting Minutes
March 13, 2012
Page 2
Motion carried unanimously.
2
3 IV. PUBLIC HEARING.
4
5 None.
6
7 V. REPORTS FROM COMMISSION AND STAFF.
9 None.
10
11 VI. GENERAL BUSINESS OF COUNCIL.
12
13 A. Resolution 12-036; Adopting the Amendments to the Greater Metropolitan Housing
14 Corporation's Program Guidelines. Mark City, City Manager, presenting.
15
16 City Manager Casey presented the proposed amendments to the Greater Metropolitan Housing
17 Corporation's program guidelines and explained the amendments include reducing the interest
18 rate from 4% to 3%, allowing more than one loan not to exceed $10,000, and requiring
19 additional funds needed to complete a project to be escrowed before loan funds are expended.
20
21 Councilmember Stille stated the guidelines identify a maximum loan term of seven years with a
22 loan term of one year for every $1,000 borrowed. He noted that the guidelines do not address the
23 repayment schedule and felt it would make sense to clarify the repayment terms in the guidelines
24 to conform to the documents signed by loan applicants.
25
26 City Manager Casey advised the maximum loan term is seven years and the loan amount is
27 amortized annually. He agreed to revise the guidelines and bring them back for City Council
28 review.
29
30 Motion by Councilmember Stille, seconded by Councilmember Roth, to table action on
31 Resolution 12-036; Adopting the Amendments to the Greater Metropolitan Housing
32 Corporation's Program Guidelines.
33
34 Motion carried unanimously.
35
36 B. Resolution 12-037; Authorizing a Study Regarding Regulation of Assemblies Meeting
37 Lodges, and Convention Halls. Mark Casey City Manager, presenting.
38
39 City Manager Casey presented the proposed resolution and ordinance for imposing a moratorium
40 on Conditional Use Permits for assemblies, meeting lodges, or convention halls in the Light
41 Industrial Zoning District to study whether to impose additional amendments to the Code.
42
43 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
44 12-037; Authorizing a Study Regarding Regulation of Assemblies, Meeting Lodges, and
45 Convention Halls.
46
City Council Regular Meeting Minutes
March 13, 2012
Page 3
Motion carried unanimously.
3 C. Ordinance 2012-03; Imposing a Moratorium on the Issuance of Conditional Use Permits
4 for Assemblies, Meeting bodges, or Convention Halls within Commercial and Light
5 Industrial Zoning Districts. Mark Casey, City Manager, presenting.
6
7 Mayor Faust noted that this Ordinance does not require a first or second reading
9 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Ordinance
10 2012-03; Imposing a Moratorium on the Issuance of Conditional Use Permits for Assemblies,
11 Meeting Lodges, or Convention Halls within Commercial and Light Industrial Zoning Districts.
12
13 Motion carried unanimously.
14
15 D. St. Anthony Fire Department Annual Report. Chief John Malenick presenting.
16
17 Fire Chief Malenick presented the Fire Department's 2011 annual report and advised that the
18 Fire Department responded to a record number of calls for service in 2011. He stated that total
19 calls were 1,221 with calls fairly evenly distributed among EMS, fire/hazardous conditions, and
20 service calls. He discussed the types of medical and non-medical calls responded to by the Fire
21 Department in 2011 and stated by insurance standards, the City had $42,800 worth of loss on
22 working fire calls. He noted the dollar loss per fire was $1,223 in 2011 which is significantly
23 lower than the industry average. He reviewed the Fire Department's training and indicated an
24 average of 88 hours per firefighter is spent on training. He stated that Mr. Chris Fuller and Mr.
25 Mark Sitarz were recently awarded "Instructor of the Year" for their work in 2011 and the
26 Department is very proud of them. He also discussed the Fire Department's code enforcement
27 activities and stated there was a decrease in the total number of documented reports in 2011. He
28 reviewed emergency management activities, including disaster training. I -Ie expressed thanks to
29 the men and women of the Fire Department for their efforts throughout the community. He also
30 thanked the Mayor and City Council for their continued support.
31
32 Councilmember Roth requested further information regarding the make-up of the Fire
33 Department.
34
35 Fire Chief Malenick advised there are six full-time firefighters with two firefighters on duty at a
36 time working 24 hour shifts. He stated the shifts are rotated every other day to provide 24 hour
37 coverage. He added the City also has 23 paid on-call part-time volunteer firefighters.
38
39 Councilmember Jenson asked about medical and non-medical response times.
40
41 Fire Chief Malenick stated the Fire Department's response time for medical calls is always under
42 two minutes which is the lowest in the metro area.
43
44 Mayor Faust requested further information about non-medical calls classified as "good intent"
45 calls.
46
3
City Council Regular Meeting Minutes
March 13, 2012
Page 4
Fire Chief Malenick explained that good intent calls include calls to respond to things mistaken
for gas and the Fire Department always encourages residents to call because it is better to be safe
than sorry.
Mayor Faust expressed the City Council's thanks and appreciation to the Fire Department for
their service.
8 E. St. Anthony Police Department Annual Report. Chief John Ohl presenting.
9
10 Police Chief Ohl presented the Police Department's 2011 annual report and stated the Police
1 I Department is grateful to the community and it means a lot to have an engaged City Council,
12 business community, and citizens all working toward the same common goal. He reviewed 2011
13 Part I crimes and indicated property crime continues to be the City's most prevalent crime. He
14 also reviewed Part II crimes and stated criminal damage to property was the most prevalent Part
15 II crime. He explained that overall calls for service increased due to the new records
16 management system being used in the City which counts citations and adds to the total number
17 of calls for service. I -Ie stated that the Police Department's community policing efforts resulted
18 in 1,848 citations being issued, 210 non-moving violations, and almost 1,000 arrests. He
19 explained that the Police Department started a rotating investigator position and this has been
20 beneficial to the City's overall clearance rates with a total of 535 offenses investigated and 289
21 cases cleared resulting in a clearance rate of 54%. Ire acknowledged Captain Cotroneo's efforts
22 in this regard. He reviewed the ongoing education and training of the Police Department and
23 stated a significant amount of education in 2011 had to do with technology. I -Ie discussed the
24 important role of the Police Reserves who donated 2,475 donated hours last year. He also
25 discussed the Police Department's crime prevention activities and stated the City has a very
26 engaged, professional Police Department who commit themselves every day to public safety. He
27 added the City has extraordinary officers who care about their community and are proud to serve.
28
29 Councilmember Jenson asked how the Police Reserve Officers support the Police Department.
30
31 Police Chief Ohl stated the Police Reserves provide services such as towing cars, prisoner
32 transports, traffic control, participating in community events, riding with officers, and handling
33 parking related issues. I -Ie added the Police Department is appreciative of their efforts.
34
35 Councilmember Stille asked Police Chief Ohl to comment on the decrease in Part I and Part II
36 crimes over the past several years.
37
38 Police Chief Ohl stated the Police Department has been very proactive and works hard on law
39 enforcement and overall crime prevention, which appears to be affecting crime rates.
40
41 Mayor Faust stated the Fire Department and Police Department annual reports are available at
42 City Hall. He expressed the City Council's gratitude to the Police Department.
43
44 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
45
46 City Manager Casey — No report.
City Council Regular Meeting Minutes
March 13, 2012
Page 5
1 Councilmember Roth reported on his attendance at the March 1" Cable Commission meeting.
2 He also reported on his attendance at the March 12"' City Council worksession and joint meeting
3 with the Parks Commission.
4
5 Councilmember Stille reported on his attendance at the March 12"' City Council worksession and
6 joint meeting with the Parks Commission.
7
8 Councilmember Gray — No report.
9
10 Councilmember Jenson reported on his attendance at the March I't Community Services
11 Advisory Council meeting. Ile also reported on his attendance at the March 12°i City Council
12 worksession and joint meeting with the Parks Commission.
13
14 Mayor Faust reported on his attendance at the following:
15 • March 12°i City Council worksession and joint meeting with the Parks Commission.
16 • March 12`x' Regional Council of Mayors meeting.
17 • March 13`x' MWMO bi-monthly meeting. He advised that he has stepped aside as Chair
18 of the MWMO and the board elected Kevin Reich to serve as Chair.
19
20 VIII. COMMUNITY FORUM.
21
22 Mayor Faust invited residents to come forward at this time and address the Council on items that
23 are not on the regular agenda.
24
25 Hearing none, Mayor Faust moved forward with the agenda.
26
27 IX. INFORMATION AND ANNOUNCEMENTS.
28
29 Councilmember Stille noted that the City Council has been considering the issue of garbage
30 hauling in the City and referenced a recent article about Watertown's new contract for garbage
31 service which indicated residents are paying $18.05 per month for a 64 gallon container versus
32 the City's fee of $25.79 per month for a 38 gallon container.
33
34 X. ADJOURNMENT.
35
36 Mayor Faust adjourned the meeting at 7:55 p.m.
37
38 Respectfully submitted,
39 Barbara Hughes
40 TimeSaver Off Site Secretarial, Inc.
41
42
43 Mayor
44
45 ATTEST:
46 City Clerk
5
m
THIS PAGE LEFT INTENTIONALLY BLANK
Saint Anthony Village
DATE: March 27, 2012 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
PTEM: License and Permits for Approval:
General Contractors License:
Asphalt Driveway, Minneapolis, MN
Heating and Air Conditioning License:
Arneson Heating & Cooling, St Paul, MN
3.2 Beer Off Sale:
Applicant: Freedom Valu Center
Location: 3810 Silver Lake Rd
Cub Foods
3930 Silver Lake Rd
National Entertainment Network
3800 Silver Lake Rd
National Entertainment Network
3930 Silver Lake Rd
Murphy's Service Center
350129"' Ave
Freedom Valu Center
3810 Silver Lake Rd
Cub Foods
3930 Silver Lake Rd
Applicant: Bear Stop
Location: 3813 Stinson Blvd
Applicant: Aspen Waste Systems, Minneapolis, MN
Applicant: Walter Recycling & Refuse, Circle Pines, MN
7
Service Station License:
Applicant:
Murphy's Service Center
Location:
350129"' Ave
Applicant:
St Anthony Mobil
Location:
2801 Kenzie Ter
Applicant:
Freedom Valu Center
Location:
3810 Silver Lake Rd
Applicant:
Bear Stop
Location:
3813 Stinson Blvd
Vending License:
Applicant:
Royal Vending
Location:
3301 Silver Lake Rd
Applicant:
National Entertainment Network
Location:
3800 Silver Lake Rd
Applicant:
Cub Foods
Location:
3930 Silver Lake Rd
"Temporary
3.2 Beer Parks Permit:
Applicant:
Louise Louiselle
Location:
Central Park
Date:
June 29, 2012
US BANK
CITY OF ST. ANTHONY
CHECK REGISTER
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
8411
DRIVER & VEHICLE SERVICE
17227
2/29/2012
$21.50
9055
FREEWAY TOWING
17228
2/29/2012
$91.05
9935
ACT -ASPHALT SPECIALTIES
17230
3/28/2012
$561.76
9256
ALLIED MEDICAL PRODUCTS
17231
3/28/2012
$665.00
9250
AMERICAN MESSAGING
17232
3/28/2012
$238.86
9943
ARAMARK
17233
3/28/2012
$78.43
4687
ASPEN WASTE SYSTEMS INC
17234
3/28/2012
$111.17
320
BEISSWENGER'S
17235
3/28/2012
$128.74
4293
BELLBOY CORP.
17236
3/28/2012
$19,084.73
9778
BERNICK'S
17237
3/28/2012
$3,934.35
.0383
BLOMSTER/GARY
17238
3/28/2012
$17.82
9648
BOUND TREE MEDICAL LLC
17239
3/28/2012
$268.44
7168
BOYER TRUCKS, INC.
17240
3/28/2012
$64.40
7253
BRAKE & EQUIPMENT WAREHO
17241
3/28/2012
$6.54
4231
CAPITOL BEVERAGE SALES
17242
3/28/2012
$15,771.02
2380
CENTERPOINT ENERGY
17243
3/28/2012
$7,554.48
9907
CENTURYLINK
17244
3/28/2012
$546.81
4080
CHISAGO LAKES DISTRIBUTI
17245
3/28/2012
$2,220.57
9056
CITY OF ROSEVILLE
17246
3/28/2012
$4,129.29
8814
CITY WIDE WINDOW SERVICE
17247
3/28/2012
$85.50
9820
CRYSTAL SPRINGS ICE
17248
3/28/2012
$255.50
8557
DAILEY DATA & ASSOCIATES
17249
3/28/2012
$125.00
785
DALCO
17250
3/28/2012
$5.29
9115
DARLING'S SALES & SERVIC
17251
3/28/2012
$378.84
9669
DISPLAY SALES COMPANY
17252
3/28/2012
$16.03
8338
DOKKEN/MARK
17253
3/28/2012
$20.00
820
DORSEY & WHITNEY
17254
3/28/2012
$16,652.36
9301
EGAN
17255
3/28/2012
$6,030.50
8001
EMERGENCY MEDICAL PRODUC
17256
3/28/2012
$43.18
8697
EXTREME BEVERAGE
17257
3/28/2012
$490.50
9798
FERGUSON WATERWORKS
17258
3/28/2012
$339.03
.0384
FIRESIDE HEARTH & HOME
17259
3/28/2012
$24.00
9667
FLAT EARTH BREWING CO
17260
3/28/2012
$128.00
9236
FSH COMMUNICATIONS
17261
3/28/2012
$64.13
1030
G & K SERVICES INC
17262
3/28/2012
$532.43
9854
GOPHER STATE ONE CALL
17263
3/28/2012
$36.35
8127
GRAFIX SHOPPE
17264
3/28/2012
$2,110.00
1250
GRAINGER
17265
3/28/2012
$87.64
4172
GRAPE BEGINNINGS, INC.
17266
3/28/2012
$1,543.50
7188
H & L MESABI INC
17267
3/28/2012
$444.48
9169
HARBOR FREIGHT TOOLS
17268
3/28/2012
$74.98
9959
HEIGHTS NORTHEAST WELDIN
17269
3/28/2012
$192.38
8944
HENN CNTY INFO TECH DEPT
17270
3/28/2012
$2,633.81
9160
HEWLITT PACKARD COMPANY
17271
3/28/2012
$1,053.08
4207
HOHENSTEIN'S, INC
17272
3/28/2012
$6,756.25
I
11SOBANK
CITY OF ST. ANTHONY
1
CHECK REGISTER
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
8252
HOME DEPOT CREDIT SERVIC
17273
3/28/2012
$100.17
.03851NGEBRAND/MIKE
17274
3/28/2012
$11.11
9961
JERONIMO YANEZ
17275
3/28/2012
$30.42
4125
JJ TAYLOR DISTRIBUTING
17276
3/28/2012
$31,493.02
4220
JOHNSON BROTHERS LIQUOR
17277
3/28/2012
$66,239.47
7143
LARSON/ROGER A
17278
3/28/2012
$1,294.27
9729
LIFT BRIDGE BEER CO.
17279
3/28/2012
$748.00
2040
LILLIE SUBURBAN NEWSPAPE
17280
3/28/2012
$152.38
9114
M. AMUNDSON LLP
17281
3/28/2012
$1,983.38
9960
MINNESOTA AMBULANCE ASSO
17282
3/28/2012
$50.00
8494
MINNESOTA MUNICIPAL
17283
3/28/2012
$168.25
9195
MISTER CAR WASH
17284
3/28/2012
$143.47
9425
MN AWWA
17285
3/28/2012
$175.00
8074
MN POLLUTION CONTROL AGE
17286
3/28/2012
$345.00
7356
MOORE-SYKES/KIM
17287
3/28/2012
$78.20
2395
MTI DISTRIBUTING, INC
17288
3/28/2012
$608.49
8883
NEW FRANCE WINE COMPANY
17289
3/28/2012
$109.50
8959
NORTH SUBURBAN ACCESS CO
17290
3/28/2012
$591.42
5176
NORTH SUBURBAN COMMUNICA 17291
3/28/2012
$22,681.25
45
OFFICE DEPOT
17292
3/28/2012
$571.44
4354
PAUSTIS & SONS
17293
3/28/2012
$2,233.70
9563
PETTY CASH - U.S. BANK
17294
3/28/2012
$156.15
4360
PHILLIPS WINE & SPIRITS
17295
3/28/2012
$27,271.35
4361
PINNACLE DIST.
17296
3/28/2012
$280.00
8369
POSTMASTER - MPLS BMEU
17297
3/28/2012
$190.00
4385
QUALITY WINE CO
17298
3/28/2012
$33,208.07
9230
ROYAL TIRE INC
17299
3/28/2012
$26.50
9680
SENSUS METERING SYSTEMS
17300
3/28/2012
$755.70
9708
SHI INTERNATIONAL CORP.
17301
3/28/2012
$13,184.10
9127
SIMPLEXGRINNELL
17302
3/28/2012
$1,458.24
9843
SOUTHERN WINE & SPIRITS
17303
3/28/2012
$3,726.99
7072
ST ANTHONY CHAMBER OF CO
17304
3/28/2012
$260.00
4780
SURLY BREWING CO
17305
3/28/2012
$2,667.00
9842
TASC
17306
3/28/2012
$100.00
9957
TEAM TORQUE
17307
3/28/2012
$15.00
9934
TOUCHLESS TUNNEL WASH
17308
3/28/2012
$72.14
9590
U.S. BANK (PURCHASING
17309
3/28/2012
$798.76
9958
ULTIMATE SIGN SUPPLY
17310
3/28/2012
$368.72
8270
UNITED STATES POSTAL SER
17311
3/28/2012
$700.00
8227
VERIZON WIRELESS
17312
3/28/2012
$268.75
4451
VINOCOPIA
17313
3/28/2012
$614.17
9497
WATER CONSERVATION SERVI
17314
3/28/2012
$630.60
8316
WINE COMPANY/THE
17315
3/28/2012
$1,755.25
8310
WINE MERCHANTS INC
17316
3/28/2012
$14,345.15
4175
WIRTZ BEVERAGE - (GRIGGS
17317
3/28/2012
$19,349.75
9734
WIRTZ BEVERAGE MINNESOTA
17318
3/28/2012
$16,714.36
US BANK CITY OF ST. ANTHONY
CHECK REGISTER L 1
VENDOR # PAYEE CHECK # DATE AMOUNT
2680 XCEL ENERGY 17319 3/28/2012 $20,183.92
7325 YOCUM OIL COMPANY, INC. 17320 3/28/2012 $16,720.03
9618 ZIEGLER, INC. 17321 3/28/2012 $535.22
TOTAL
$401,781.58
12
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CITY OF ST. ANTHONY
RESOLUTION 12-038
A RESOLUTION REQUESTING AN ADVANCE FROM THE
MUNICIPAL STATE AID STREET FUND FOR CALENDAR YEAR 2012
FOR THE CITY OF ST. ANTHONY VILLAGE, MINNESOTA
WHEREAS, the City of St. Anthony Village has completed the construction of Municipal State
Aid street projects which required State Aid funds in excess of funds available in the
City's State Aid Construction Account, and;
WHEREAS, the City of St. Anthony Village has completed the construction of said projects and
desires to pay future payments for public improvement bonds issued for the
construction of said projects through the use of an advance from the Municipal State
Aid Street Fund, and;
WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions
of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500,
Subp. l Ob, and;
WHEREAS, the City of St. Anthony Village acknowledges advance funds are released on a first-
come -first-served basis and this Resolution does not guarantee the availability of
funds.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of St. Anthony that the
Commissioner of Transportation is hereby being requested to approve this advance
for financing of past approved Municipal State Aid street projects which have been
constructed in the City of St. Anthony Village and have been paid short in the
amount up to $1,023,980 or five times the City's annual construction allotment. The
City of St. Anthony Village authorizes repayments from subsequent accruals to the
Municipal State Aid Street Construction Account from future year's allocations until
fully repaid.
Adopted this 27°i day of March, 2012.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
1,:ICouncll A1eo1m02012103272011H2es MSAS Adrnnce.docx
13
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15
To: Mark Casey, City Manager
From: Shelly Rueckert, Finance Director
Date: 3/20/2012
By way of background, the process for requesting an MSA advance requires a
council resolution. The City Engineer will send a cover letter requesting the advance
along with the resolution to State Aid. Advance requests are reviewed on a first-
come -first -serve basis. The State Aid finance department will let the City know if the
advance is approved. Cities are allowed to request advancement for Municipal State
Aid projects costs (or for costs previously incurred).
The maximum request equals five times the City's annual State Aid construction
allotment. The City was recently allocated $204,796 in 2012 for Municipal State Aid
projects. Based on the City's current allotment, the requested advance totals
$1,023,980. If the advance is approved from State Aid, annual State Aid
reimbursements would not be made the next 5 years as that amount would have
been paid up -front. Given that $1,023,980 does not fully deplete our State Aid
balance the City can make a similar request for funds in 2013 to drawn down an
additional allotment. This would maintain the 5 year deferral of reimbursements.
Please note that the State account does not bear interest and the State prefers that
Cities drawn down their account in connection with MSA expenditures. The
advantage for the City is it can invest the proceeds and replenish the funds used for
MSA construction expenditures incurred. City Staff is recommending that the
Council pass the resolution.
3301 Silver Lake Road * St. Anthony, MN 55418 * 612.7823301 * 6127823302 (fax)
16
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CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Council will hold a public hearing on Tuesday,
March 27, 2012 at 7:00 p.m., or as soon thereafter as possible, in the Council
Chambers of the City Hall, 3301 Silver Lake Road, for the following purpose:
Petitioner: Flamezz - Saeed Kiblawi owner
Subject Property: 3805 Stinson Boulevard
Request: Revocation of Cigarette & Tobacco License Appeal
Hearing
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the City
Manager at 612-782-3311. Auxiliary hearing aids are available upon request with
advanced notice. Please call the City Clerk at 612-782-3313 to make arrangements.
Mark Casey
City Manager
Publish: St. Anthony Bulletin
March 14, 2012
17
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M
STAFF REPORT
DATE: March 20, 2012
TO: Mark Casey, City Manager
FROM: John Ohl, Chief of Police
SUBJECT: Flamezz Hearing
This staff report is a timeline of enforcement actions, by the St. Anthony Police Department, as
it relates to the Flamezz Hookah Lounge and covers the dates of June 2, 2011 through February
25, 2012.
Upon the April 26, 2011 adoption of the ordinance disallowing sampling, the St. Anthony Police
Department conducted the following compliance checks with the listed results:
June 2, 2011 — Failed compliance check. Mr. Kiblawi was charged via formal complaint
for the ordinance violation.
June 10, 2011 — Failed compliance check. Case combined with the June 2, 2012 charge.
December 8, 2011 — Received ruling from Hennepin County Court indicating that the St.
Anthony ordinance against sampling is compliant with state law.
December 15, 2011 — Failed compliance check. Mr. Kiblawi charged by formal
complaint for the ordinance violation.
*The 6-2-11, 6-10-11, 12-15-11 cases are set for trial on March 20, 2012.
February 13, 2012 — Failed compliance check. Mr. Kiblawi was charged by citation for
ordinance violation.
February 25, 2012 — Failed compliance check. Mr. Kiblawi was charged by citation for
state statute violation (144.417 sub. 2a) smoking where prohibited.
As of March 19, 2012, the February 13°i and 25°' charges have yet to be scheduled for first
appearances.
mul
TEMPORARY CIGARETTE & TOBACCO LICENSE
NAME OF LICENSEE: FLAMEZZ NO: 2012-00006
3811 STINSON BLVD. DATE: 3/15/2012
ST. ANTHONY, MN 55421
LICENSE PERIOD: MARCH 15. 2012 to MARCH 27, 2012, Subjcot to
outcome of hearing before City Council currently
scheduled for March 27, 2012.
In accordance with provisions of the City of St. Anthony Ordinance (s) the above-named
licenses is granted the following licenses(s):
LICENSE TYPE: TEMPORARY CIGARETTE & TOBACCO LICENSE
CIGARETTE & TOBACCO LICENSE FEE: $300.00
TOTAL FEE PAID
$300.00
This certificate of License is hereby issued conditioned that said licensee shall comply
with all the requirements set forth in the City Code and the laws of the State of
Minnesota.
A License issued under this Certificate may be suspended or revoked for violations
thereof.
Phuongmai, Dang, License/Permit Specialist
PLEASE POST IN A CONSPICUOUS PLACE
21
W OORSEY
MEMORANDUM
TO: Mayor and Members of City Council
Mark Casey, City Manager
FROM: Jay R. Lindgren, City Attorney
DATE: March 20, 2012
RE: March 27 hearing regarding Flamezz Hookah Lounge Temporary Cigarette &
Tobacco License
On March 27, 2012, the City of Saint Anthony Village (the "City") will conduct a hearing
regarding the potential revocation of the Temporary Cigarette & Tobacco License currently held
by Flamezz Hookah Lounge. This memorandum serves to summarize the law the City Council
should consider regarding tobacco licenses when conducting the public hearing and in reaching
a decision.
The Law Governing Tobacco Licenses in the City
The law governing tobacco licenses in the City, as it pertains to this hearing, involves
sections of the City Code, Minnesota state law, and a recent Hennepin County District Court
decision.
City Code
The City addresses tobacco licenses in sections 111.045 through 111.057 of its City
Code. Generally, "[n]o person may directly or indirectly or by means of any device keep for
retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, or
tobacco related devices, at any place in the city unless a license has first been issued by the
City Council ...."
Section 111.057 of the City Code specifically addresses smoking within retail
establishments. The original version of section 111.057, passed on April 26, 2011, provided
that it "shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco,
tobacco products, or tobacco related devices by any person in any retail establishment."
The current version of section 111.057, passed on January 24, 2012, retains the
ordinance's prior language and additionally makes it unlawful "for any person that owns, leases,
manages, operates or otherwise controls the retail establishment to allow such [lighting,
inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related
devices by any person in any retail establishment] to occur."
Minnesota Statutes
The Minnesota Clean Indoor Air Act (Minnesota Statutes sections 144.411 through
144.417) was enacted "to protect employees and the general public from the hazards of
UORSI'_Y 6 \NW iN$ Y I.i.P
22
secondhand smoke by eliminating smoking in public places, places of employment, public
transportation, and at public meetings." See Minn. Stat. §§ 144.412, 144.414. "Public place"
means "any enclosed, indoor area used by the general public' and includes retail and
commercial establishments. See Minn. Stat. § 144.413(2).
Section 144.4167(4) of the Act allows for "the lighting of tobacco in a tobacco products
shop by a customer or potential customer for the specific purpose of sampling tobacco
products." A "tobacco product shop" is "a retail establishment with an entrance door opening
directly to the outside that derives more than 90 percent of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for
burning tobacco and related smoking accessories and in which the sale of other products is
merely incidental."
However, the Act allows statutory or home rule charter cities or counties to enact and
enforce "more stringent measures' to protect individuals from secondhand smoke. Minn. Stat. §
144.417(4).
Hennepin County District Court Decision
A December 6, 2011 decision by the Hennepin County District Court verified that a city
may enact an ordinance that bans the smoking of tobacco in tobacco shops, even though
sampling within tobacco shops is allowed under section 144.4167(4) of the Minnesota Indoor
Clean Air Act. The court explained that the "regulation of the sale and use of tobacco products
has long been viewed by Minnesota courts as a proper exercise of municipal level regulation"
and that section 144.417(4) of the Act clearly allows a city to ban smoking in all public places,
including tobacco shops, as a "more stringent measure." A copy of the court decision is
attached for your reference.
Recommendation
If the Council finds, as a result of the public hearing, that a violation of the City Code
and/or the Minnesota Clean Indoor Air Act has occurred, the Council should adopt a motion
revoking the Temporary Cigarette & Tobacco License granted to Flamezz Hookah Lounge on
March 15, 2012.
Alternatively, if the Council finds no violation occurred, the Council should adopt a
motion extending the current license for a one-year period from March 15, 2012.
4823-3304-091 1\13/20/2012 11:35 AM
2
DORS, v s W11;1 W Y i_i_i,
STATE, OF MINNESOTA
COUNTY OF HENNEPIN
State of Minnesota,
Plaintiff,
v.
Saeed Nazeh I{iblarvi,
Defendant.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
MNCIS No. 27 CR 11-19902
ORDER
On October 6, 2011, this matter was before the Court for a hearing on the Defendant's
motion to dismiss the Complaint. St. Anthony City Prosecutor Steven P. Carlson
appeared on behalf of the State. Paul Engh, esy., appeared for the Defendant, who also
appeared.
Based on the oral arguments made at the hearing and the parties' written submissions, he.
Court makes the following,
ORDER
1. The Defendant's motion to dismiss is DENIED.
2. The Memorandum below shall be made part of this Order.
Dated: December 6, 2011
LfQ7,
Marie S, Wernick
Judge of District Court
23
24
MEMORANDUM
1. Facts
Defendant, Saeed Nazeh Kibiawi, is the owner of Flamezz Hookah Lounge
(hereinafter Flamezz). Flamezz is located in the City of St. Anthony Village. In
February of 2010, Flamezz applied for and received a cigarette and tobacco license from
St. Anthony. After the tobacco license was acquired, customers of Flamezz were
lawfully permitted to sample tobacco products in the establishment. This was generjtiy
done through use of a hookah.
On April 26, 2011, the City of St. Anthony adopted ordinance §111.057,
provides, "7t shall be unlawful for the lighting, inhaling, exhaling or combination thereof
of tobacco, tobacco products, or tobacco related devices by any person in any retail
establishment."
On April 27, 2011, the City of St. Anthony sent a letter to Defendant, informing
him that ordinance § 111.057 had been ad )pted by the St. Anthony City Council. The
letter stated that the amendment to the Tobacco Ordinance would go into effect upon
publication of the ordinance in the City's legal newspaper on Wednesday, May 4, 20
On June 2 and June 10, 2011, during St, Anthony inspector compliance checi:s,
individuals were observed smoking tobacco inside Flamezz. Defendant acknowledges
that on June 2" and June 10th, 2011, customers were in fact sampling a type of tobacco,
referred to as `sisha', at his place of business.
2
25
Based on the two inspections, a Complaint has been filed charging Defendant with
two misdemeanor counts of allowing smoking where prohibited by ordinance.
I.I. Analysis
The factual basis in the Complaint is largely undisputed. Defendant has moved to
dismiss the Complaint on the grounds that St. Anthony's no smoking ordinance, f
§ 111.057, is invalid in that it forbids what a statestatute In particular,
Defendant argues that because the statewide smoking ban statute contains an_excepti,,,O,
for the sampling of tobacco products within a tobacco shop, a city ordinance may na.
prohibit such conduct. The Court concludes that the ordinance is consistent with state's
no smoking statutory scheme, and is accordingly valid.
The Minnesota Clean Indoor Air Act, enacted in 1975, is contained in Minn. Stat.
§§ 144.411-144.417. In 2007, Minn. Stat. § 144.417 was amended to prohibit indoor
smoking in "public places" an([ "a place of employment." The 2007 amendment was
entitled the Freedom to Breath Act. Minn. Stat. § 144.412 provides that the purpose of
the Freedom to Breath Act is, "to protect employees and the general public from th!,`
hazards of secondhand smoke by eliminating smoking in public places, places c?`
employment, public transportation, and at public meetings."
Minn. Stat, § 144.4167, entitled "Permitted Smoking," is a section of the Clean
Indoor Air Act which outlines several general exceptions to the statewide ban against
smoking in public places and places of employment. Specifically, Minn. Stat. § 144.4167
provides that "[sjections 144.414 to 144.417 do not prohibit the lighting of tobacco in a
tobacco products shop by a customer or potential customer for the specific purpose of
3
26
sampling tobacco products." Therefore, in the absence of any other limitation, the Clear .
Indoor Air Act does allow the type of conduct at issue in this case.
i
However, the Clean Indoor Air Act also contains a provision which allows local
governments to more strictly control tobacco use within a local jurisdiction. Minn. Stat.
§ 144,417, subd. 4(a) provides, "Nothing in sections 144.414 to 144.417 prohibits a
statutory or home rule charter city or county from enacting and enforcing more ,stringent
measures to protect individuals from secondhand smoke." (Emphasis added).
Defendant argues that the phrase "more stringent measures" does not allow a local
jurisdiction such as St. Anthony to enact an outright ban on sampling tobacco products in
a tobacco shop.
The object of statutory construction is to ascertain and effectuate the intent of the
legislature. Minn. Stat. § 645.16 (2010); Weiler v. Ritchie, 788 N.W.2d 879, 884 (Minn.
2010). When a court attempts to interpret a statute, it must not do so by examining its
provisions in isolation. Rather, a statute must be considered, "as a whole." State v.
Gaiovnik, 794 N.W.2d 643, 647 (Minn. 2011). Furthermore, "words and sentences are
understood... in the light of their context." Irl., citing Christensen v. I-lennepin Transp.
Co., Inc., 215 Minn. 394, 409, 10 N.W.2d 406, 415 (1943), "A statute should be
interpreted, whenever possible, to give effect to all of its provisions, and `no word,
phrase, or sentence should be deemed superfluous, void, or insignificant."' State v.
Larivee, 656 N.W.2d 226, 229 (Minn. 2003) citing Baker v. Ploetz, 616 N.W.2d 263, 269
(Minn. 2000) (quoting Amaral v. Saint Cloud flosp., 598 N.W.2d 379, 384 (Minn. 1999).
M
27
Read together, Minn. Stat. § 144.417, subd. 4(a) and 4(b) clearly express the
legislature's intent to allow local jurisdictions to ban smoking in tobacco shops. While it
is trne that subd. 4(a) refers only to "more stringent measures," subd. 4(b) recognizes that
"more stringent measures" can include prohibition. Subd. 4(b) provides, `Except as
provided in sections .144.411 to 144.417, smoking is permitted outside of restaurants,
bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance
with paragraph (a),"(Emphasis added). Thus, the legislature clearly intended the phrase
"more stringent measures" to include a smoking ban.
The regulation of the sale and use of tobacco products .has long been viewed by
Minnesota courts as a proper exercise of municipal level regulation. See State v.
Crabiree Co., 218 Minn. 36, 15 N.W.2d 98 (1944). By enacting Minn. Stat. § 144,4I7,
subd. 4, the Minnesota Legislature intended to allow municipalities such as St. Anthony
to enact complete bans on activities otherwise allowed as exceptions to the Indoor Clean
Air Act.
N
28
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CITY OF ST. ANTHONY
RESOLUTION 12-039
RESOLUTION TO APPROVE A REQUEST TO KEEP
NO MORE THAN FIVE FEMALE CHICKENS IN AN R-1 ZONING DISTRICT
AT 3013 29°i AVENUE NE
WHEREAS, Staff received a request from Eric Moore, 3013 29°i Avenue NE, about
whether or not the City allows chickens in the residential zoning district;
and
WHEREAS, The City of St. Anthony Code of Ordinances, Section 91.56,Keeping of
Certain Animals, specifies that livestock, including chickens, require
approval from the City Council; and
WHEREAS, Eric Moore has submitted a written request to keep chickens for approval
from the City Council, as outlined in Subsection 91.56; and
WHEREAS, Eric Moore has submitted a diagram of the location of the coop that will
house the chickens; and
WHEREAS, Hennepin County Environmental Health Division has stated that this matter
is within the City's jurisdiction and authority; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St.
Anthony approves the request to keep no more than five (5) female
chickens in an R -I Zoning District at 3013 29°i Avenue NE
Adopted this 2701 day of March, 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
M,
30
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Ka
Report Date:
Meeting Date:
March 27, 2012
March 27, 2012
Agenda Section: VI.A.
ITEM DESCRIPTION: Resolution 12-039; Approving a Request to Keep No More
than Five Female Chickens in an R-1 Zoning District at
MANAGER'S REVIEW:
3013 29th Avenue NE
Staff received an inquiry from Mr. Eric Moore asking what
was required to allow him to have chickens in his
backyard. Mr. Moore was provided information as stated
in City Ordinance 91.56 and was given instructions about
the approval process with the City Council.
Mr. Moore submitted his request to allow chickens in his
backyard as well as a diagram of the location of the chicken
coop. These documents are provided for your review.
'Vd(�Al
ly Mark Casey
City Manager
31
32
Mark Casey - City Manager
3301 Silver Lake Rd
St. Anthony, MN 55418
612-782-3311
mark easey a ci.saint-anthony.mn.us
Dear Mark Casey and City Counsel,
I am a neighbor and friend to John Cutler. You recently approved the Cutlers to have 5
chickens (liens). Our first thought was to share the hens with the Cutler family and keep
them on their property. When I got home to my family and mentioned the approval. My 9
year old asked me why we can't have them on our property. In speaking to my wife who
home schools my 3 children. We thought it would be a great opportunity to teach our
children responsibility and an element to our home school. We have access to a chicken
coupe and chicken wire for the "Run". I attached a drawing for our plan in our back yard.
We are requesting 5 chickens "hens" to be secure within the coupe and run behind our
garage at 3013 29°i Ave Ne. It's my understanding that the next agenda for the city
counsel meeting is full. I was wondering if this could be placed on the March 27°i city
counsel meeting? Thanks for your time and look forward to hearing from you.
Sincerely,
Eric Moore
3013 29°i Ave NE
St, Anthony, MN 55418
612-781-7895
33
34
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CERTIFICATION OF MINUTES RELATING TO
$9,660,000 GENERAL OBLIGATION BONDS, SERIES 2012A
Issuer: City of St. Anthony, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on March 27, 2012
at 7:00 o'clock P.M., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including): Pages 1 through 24
RESOLUTION NO. 12-040
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR'I'IIE PAYMENT OF $9,660,000 GENERAL
OBLIGATION BONDS, SERIES 2012A
I, the undersigned, being the duly qualified and acting recording officer of the
public corporation issuing the bonds referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully compared with the original
records of said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above, pursuant to call and notice of such
meeting given as required by law.
2012.
WITNESS my hand officially as such recording officer this day of March,
Barb Suciu, City Clerk
35
36
It was reported that (_) proposals had been received prior to 11:00
A.M., Central Time today for the purchase of the $9,660,000 General Obligation Bonds, Series
2012A of the City in accordance with the Official Statement distributed by the City to potential
purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each
have been determined to be as follows:
Name of Bidder
Bid for Interest
Principal Rates
[See Attached]
Net Interest
Cost
37
Councilmember then introduced the following
resolution and moved its adoption:
RESOLUTION NO. 12-040
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $9,660,000 GENERAL
OBLIGATION BONDS, SERIES 2012A
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota
(the "City"), as follows:
Section 1. Authorization and Sale.
1.01. Authorization of Bonds. On November 8, 2011, this Council held a public
hearing on the questions of approving the adoption of City of St. Anthony, Minnesota, Capital
Improvement Plan for the Years 2011 'Through 2015 (the "Plan") and issuing general obligation
capital improvement plan bonds in for the purpose of purchasing the public works facility and
fire station (the "Facilities"), which Facilities are currently leased by the City from the Housing
and Redevelopment Authority of the City of St. Anthony (the "Authority"). The Facilities were
originally financed with proceeds of the Authority's $5,530,000 Public Facilities Lease Revenue
Bonds, Series 2003 (City of St. Anthony Annual Appropriation Lease Obligations) dated, as
originally issued, as of July 1, 2003 (the "Series 2003 Bonds").
This Council hereby determines that it is in the best interest of the City to issue its
$9,660,000 General Obligation Bonds, Series 2012A (the "Bonds") for the purpose of (i)
financing the cost of the 2012 road reconstruction project in the City (the "Improvements"); (ii)
purchasing the Facilities and in connection with such purchase refunding in advance of maturity
and prepaying on February 1, 2013 (the "Redemption Date") the 2013 through 2024 maturities,
aggregating $3,875,000 in principal amount, of the Series 2003 Bonds (the "Refunded Series
2003 I3onds"); (iii) a crossover refunding on February 1, 2013 (the "Series 2006A Crossover
Date") the 2014 through 2022 maturities, aggregating $1,890,000 in principal amount, of the
City's General Obligation Improvement Bonds, Series 2006A, dated, as originally issued, as of
April 1, 2006 (the "Refunded Series 2006A Bonds"); and (iv) a crossover refunding on February
1, 2014 (the "Series 2007A Crossover Date," together with the Series 2006A Crossover Date, the
"Crossover Dates") the 2015 through 2023 maturities, aggregating $1,380,000 in principal
amount, of the City's General Obligation Improvement Bonds, Series 2007A, dated, as originally
issued, as of April 24, 2007 (the "Refunded Series 2007A Bonds;" together with the Refunded
Series 2003 Bonds and the Refunded Series 2006A Bonds, the "Refunded Bonds"). The portion
of the Bonds issued to finance the Improvements are referred to as the "Improvement Bonds."
The portion of the Bonds issued to refund the Refunded Bonds are referred to as the "Refunding
Bonds." The Redemption Date is the earliest date upon which the Refunded Series 2003 Bonds
may be redeemed. The refunding of the Series 2006A Bonds and the Series 2007A Bonds
constitutes a "crossover refunding" as defined in Minnesota Statutes, Section 475.17, subd. 13.
The refunding of the Refunded Bonds is being carried out for the purposes described in
Minnesota Statutes, Section 475.67, subdivision 3, subsection (b)(2)(i) and in compliance with
Minnesota Statutes, Section 469.034, subdivision 2 and Chapter 475.
This Council hereby determines to issue and sell the Bonds to defray the expense
incurred and estimated to be incurred by the City in making the Improvements, refinance the
Facilities and refund the Refunded Bonds, including every item of cost of the kinds authorized in
Minnesota Statutes, Section 475.65. The Bonds are issued pursuant to Minnesota Statutes,
Chapter 429 and Chapter 475. The allocation of the Bonds for the purpose of financing the
Improvements and refunding the Refunded Bonds is set forth in Section 2.01 hereof.
No petition requesting a vote on the question of adopting the Plan or issuing the
Bonds has yet been filed. The sale of the Bonds to the Purchaser is hereby ratified on the terms
provided herein, provided that no such petition is filed within thirty days of November 8, 2011.
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an
independent financial advisor, to assist the City in connection with the sale of the Bonds. The
Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph
(9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60,
Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, U
proposals for the purchase of the Bonds were received at or before the time specified for receipt
of proposals. The proposals have been opened and publicly read and considered, and the
purchase price, interest rates and true interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of
of , and associates (the "Purchaser"), to purchase the Bonds at
a price of $ the Bonds to bear interest at the rates set forth in Section 2.01.
The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and
directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser.
The good faith checks of the unsuccessful bidders shall be returned forthwith.
1.03. Savings. It is hereby determined that:
(i) by the issuance of the Bonds to refund the Refunded Bonds, the City will
realize a substantial interest rate reduction, a gross savings of approximately $ and
a present value savings (using the yield on the Bonds, computed in accordance with Section 148
of the Internal Revenue Code of 1986, as amended (the "Code"), as the discount factor) of
approximately $ ; and
(ii) as of the Redemption Date and respective Crossover Date, the sum of (i) the
present value of the debt service on the Bonds, computed to their stated maturity dates, after
deducting any premium, using the yield of the Bonds as the discount rate, plus (ii) any expenses
of the refunding payable from a source other than the proceeds of the Bonds or investment
earnings thereon, is lower by % than the present value of the debt service on the
Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the
yield of the Bonds as the discount rate.
-2-
39
1.05. Performance of Requirements. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen
and to be performed precedent to and in the valid issuance of the Bonds having been done,
existing, having happened and having been performed, it is now necessary for this Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
1.06. Maturities. This Council finds and determines that the maturities of the
Improvement Bonds, as set forth in Section 2.01 hereof, are warranted by the anticipated
collection of the assessments to be levied for the cost of the Improvements.
Section 2. Bond "terms; Registration; Execution and Delivery.
2.01. Maturities; Interest Rates-, Denominations; Payment. The Bonds shall be
designated General Obligation Bonds, Series 2012A, shall be originally dated as of April 25,
2012, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall mature
on February 1 in the respective years and amounts stated below, and shall bear interest,
computed on the basis of a 360 -day year consisting of twelve 30 -day months, from April 25,
2012 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
$310,000
2021
$890,000
2014
705,000
2022
905,000
2015
790,000
2023
700,000
2016
800,000
2024
545,000
2017
825,000
2025
155,000
2018
835,000
2026
160,000
2019
845,000
2027
165,000
2020
860,000
2028
170,000
[REVISE MATURITY SCI IEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar for the Bonds appointed herein.
The portion of the Bonds maturing in the following years and amounts constitute
the Refunding Bonds:
-3-
Me
The portion of the Bonds maturing in the following years and amounts constitute
the Improvement Bonds:
Year
Amount
Series
Series
2014
$135,000
Series
Series
2015
Series 2003
2006A
2007A
2016
Series 2003
2006A
2007A
2017
Refunding
Refunding
Refunding
2018
Refunding
Refunding
Refunding
Year
Bonds
Bonds
Bonds
Year
Bonds
Bonds
Bonds
2013
$310,000
--
2019
$340,000
$210,000
$155,000
2014
305,000
$265,000
--
2020
345,000
210,000
160,000
2015
310,000
195,000
$150,000
2021
360,000
230,000
165,000
2016
315,000
200,000
150,000
2022
380,000
220,000
170,000
2017
325,000
205,000
155,000
2023
375,000
--
170,000
2018
330,000
210,000
155,000
2024
390,000
--
The portion of the Bonds maturing in the following years and amounts constitute
the Improvement Bonds:
Year
Amount
Year
Amount
2014
$135,000
2022
$145,000
2015
135,000
2023
150,000
2016
135,000
2024
155,000
2017
140,000
2025
155,000
2018
140,000
2026
160,000
2019
140,000
2027
165,000
2020
145,000
2028
170,000
2021 145,000
2.02. Interest Payment Dates. Each Bond shall be dated by the Registrar as of the
date of its authentication. The interest on the Bonds shall be payable on February 1 and
August 1 in each year, commencing February 1, 2013, to the owner of record thereof as of the
close of business on the fifteenth day of the immediately preceding month, whether or not such
day is a business day.
2.03. Registration. The City shall appoint, and shall maintain, a bond registrar,
transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and
duties of the City and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust 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 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
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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 Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled 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
the 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 upon such
Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, 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 destroyed, stolen or lost, upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to 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 canceled by it and evidence of such cancellation
shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already
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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, as amended.
0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.04. 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 2012A General Obligation Bonds Bond Fund described in Section 4.02
hereof, moneys sufficient for the payment of all principal and interest then due.
2.05. Redemption. Bonds maturing in the years 2013 through 2020 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 2021 through 2028 shall
be subject to redemption and prepayment at the option of the City, in whole or in part, in such
order as the City shall determine and by lot as to Bonds having the same maturity date, on
February 1, 2020 and on any date thereafter (whether or not an interest payment date), at a price
equal to the principal amount thereof and accrued interest to the date of redemption.
[Bonds maturing on February 1, 20 are subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption
date, without premium, on February 1 in each of the years shown below, in an amount equal to
the following principal amounts:
Bonds Maturing on February 1, 20
Sinking Fund Aggregate
Payment Date Principal Amount]
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Prior to the date set for redemption of any Bond prior to its stated maturity date,
the City Finance Director shall cause notice of the call for redemption thereof to be published as
required by law and, not more than sixty (60) and not fewer than thirty (30) days prior to the
designated redemption date, shall cause notice of the call to be mailed to the registered holders of
any Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.03 hereof, 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 of such same
series in authorized denominations equal in principal amount to the unredeemed portion of the
Bond so surrendered.
2.06. Execution, Authentication and Delivery. behalf of the City by the
signatures of the Mayor and the City Manager; provided that said signatures may be printed,
engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile
of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery
of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on such Bond has
been duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same representative.
The executed certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have been so executed
and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of
the purchase price in accordance with the contract of sale heretofore made and executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
2.07. Form of Bonds. The Bonds shall be typed or printed in substantially the
following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
CITY OF ST. ANTHONY
GENERAL OBLIGATION BOND, SERIES 2012A
IZ
Interest
Rate
REGISTERED OWNER
PRINCIPAL AMOUNT:
Maturity
Date
February 1, 20
CEDE & CO.
Date of
Original Issue
April 25, 2012
CUSIP
THOUSAND DOLLARS
THE CITY OF ST. ANTHONY, Hennepin County, 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 sum specified above on the
maturity date specified above, and to pay interest thereon from the date of original issue
specified above, or the most recent interest payment date to which interest has been paid or
provided for, at the annual rate specified above, payable on February 1 and August 1 in each
year, commencing February 1, 2013 (each such date, an Interest Payment Date), 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 month immediately preceding the payment date, all subject to the provisions
referred to herein with respect to redemption of the principal of this Bond before maturity. The
interest so payable on any Interest Payment Date shall be paid to the person in whose name this
Bond is registered at the close of business on the fifteenth day (whether or not a business day) of
the calendar month next preceding such Interest Payment Date. Interest hereon shall be
computed on the basis of a 360 -day year composed of twelve 30 -day months. 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. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $9,660,000, all
of like date and tenor, except as to serial number, maturity date, interest rate, redemption
privilege and denomination issued pursuant to a resolution adopted by the City Council on
March 27, 2012 (the "Resolution"), to finance the 2012 road construction project of the City, to
refinance certain capital projects as described in the City's Capital Improvement Plan, and to
refinance costs of various street improvements in City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto
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45
enabling, including Minnesota Statutes, Chapter 429 and Chapter 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 of this issue maturing in 2020 and earlier years are payable on their
respective stated maturity dates without option of prior payment, but Bonds having stated
maturity dates in 2021 and later years are each subject to redemption and prepayment at the
option of the City, in whole or in part, and if in part in such order as the City shall determine and
by lot as to Bonds maturing on the same date, on February 1, 2020 and any date thereafter
(whether or not an interest payment date), at a price equal to the principal amount thereof plus
interest accrued to the date of redemption.
[Bonds maturing in the year 20 shall be subject to mandatory redemption prior
to maturity by lot pursuant to the mandatory sinking fund requirements of the Resolution on
February 1 in the years and in the principal amounts set forth in the Resolution at a redemption
price equal to the stated principal amount thereof to be redeemed plus interest accrued thereon to
the redemption date, without premium.]
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. Oficial 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 Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's 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.
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The City and the 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 Registrar
shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is
registered in the name of Cede & Co., as nominee of The Depository 'frust Company, or in the
name of any other nominee of The Depository Trust Company or other securities depository, the
Registrar shall pay all principal of and interest on this Bond, and shall give all notices with
respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational
arrangements of The Depository Trust Company or other securities depository as agreed to by
the City.
ITIS 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
(a) special assessments on property specially benefited by the portion of the Bonds issued to
finance or refinance various street improvement 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 (b) 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 described herein until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual signature of one of
its authorized representatives.
IN WITNESS WHEREOF, the City of St. Anthony, Hennepin and Ramsey
Counties, Minnesota, by its City Council, has caused this Bond to be executed by the signatures
of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth
below.
City Manager
CITY OF ST. ANTHONY
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Mayor
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
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants UTMA ................. Custodian ......................
in common (Cult) (Minor)
under Uniform Transfers to Minors Act ...................
TEN ENT -- as tenants (State)
by entireties
JT TEN -- as joint tenants with
right of survivorship and
not as tenants in common
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT"
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers
unto
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to
transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
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47
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
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.
Signature(s) must be guaranteed by an
"eligible guarantor institution" meeting the
requirements of the Bond Registrar, which
requirements include membership or participation
in the Securities Transfer Association Medalion
Program (STAMP) or such other "signature
guaranty program" as may be determined by the
Bond Registrar in addition to or in substitution
for STAMP, all in accordance with the Securities
Exchange Act of 1934, as amended.
[End of Bond Form.]
2.08. Use of Securities Depository; Book -Entry Only System. The provisions of
this Section shall take precedence over the provisions of Sections 2.01 through 2.07 to the extent
they are inconsistent therewith.
(a) The Depository Trust Company ("DTC") has agreed to act as securities
depository for the Bonds, and to provide a Book -Entry Only System for registering the
ownership interest of the financial institutions for which it holds the Bonds (the "DTC
Participants"), and for distributing to such DTC Participants such amount of the principal and
interest payments on the Bonds as they are entitled to receive, for redistribution to the beneficial
owners of the Bonds as reflected in their records (the "Beneficial Owners").
(b) Initially, and so long as DTC or another qualified entity continues to act as
securities depository, the Bonds shall be issued in typewritten form, one for each maturity in a
principal amount equal to the aggregate principal amount of each maturity, shall be registered in
the name of the securities depository or its nominee, shall be subject to the provisions of this
Section 2.08, and no Beneficial Owner shall have the right to receive a certificate of ownership
or printed Bond. While DTC is acting as the securities depository, the Bonds shall be registered
in the name of the DTC's nominee, CEDE & CO; provided that upon delivery by DTC to the
City and the Registrar of written notice to the effect that DTC has determined to substitute a new
nominee in place of CEDE & CO., the words "CEDE & CO." in this Order shall refer to such
new nominee of DTC.
With respect to Bonds registered in the name of a securities depository or its
nominee, the City and the Registrar shall have no responsibility or obligation to any DTC
-12-
Participant or Beneficial Owner with respect to the following: (i) the accuracy of the records of
any securities depository or its nominee with respect to any ownership interest in the Bonds, (ii)
the delivery to any DTC Participant or other person or any other person, other than DTC, of any
notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any
DTC Participant or any other person, other than DTC, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds. The Registrar shall pay all principal of
and premium, if any, and interest on the Bonds only to or upon the order of DTC, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to the principal and interest on the Bonds to the extent of the sum or sums so paid. So
long as the Book -Entry Only System is in effect, no person other than DTC shall receive an
authenticated Bond.
(c) Upon receipt by the City and the Registrar of written notice from the
securities depository to the effect that it is unable or unwilling to discharge its responsibilities
under the Book -Entry Only System, the Registrar shall issue, transfer and exchange Bonds of the
initial series as requested by the securities depository in appropriate amounts, and whenever the
securities depository requests the City and the Registrar to do so, the City and the Registrar shall
cooperate with the securities depository in taking appropriate action after reasonable notice (i) to
arrange for a substitute depository willing and able, upon reasonable and customary terms, to
maintain custody of the Bonds, or (ii) to make available Bonds registered in whatever name or
names the Beneficial Owner registering ownership transferring or exchanging such Bonds shall
designate, in accordance with clause (f) or clause (g) below, whichever is applicable.
(d) In the event the City determines that it is in the best interests of the Beneficial
Owner that they be able to obtain printed I3onds, the City may so notify the securities depository
and the Registrar, whereupon the securities depository shall notify the Beneficial Owners of the
availability through the securities depository of such printed Bonds. In such event, the City shall
cause to be prepared and the Registrar shall issue, transfer and exchange the printed Bonds fully
executed and authenticated, as requested by the securities depository in appropriate amounts and,
whenever the securities depository requests, the City and the Registrar shall cooperate with the
securities depository in taking appropriate action after reasonable notice to make available
printed Bonds registered on the Bond Register in whatever name or names the Beneficial Owners
entitled to receive Bonds shall designate, in accordance with clause (f) or clause (g) below,
whichever is applicable.
(e) Notwithstanding any other provisions of this Resolution to the contrary, so
long as any Bond is registered in the name of a securities depository or its nominee, all payments
of principal and interest on the Bond and all notices with respect to the Bond shall be made and
given, respectively, to the securities depository.
(f) In the event that the Book -Entry Only System established pursuant to this
Section is discontinued, except as provided in clause (g), the Bonds shall be issued through the
securities depository to the Beneficial Owners.
(g) In the event of termination of the Book -Entry Only System, the City shall
have the right to terminate, and shall take all steps necessary to terminate, all arrangements with
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50
the securities depository described herein, and thereafter shall issue, register ownership of,
transfer and exchange all Bonds as provided in Section 2.03. Upon receipt by the securities
depository of notice from the City, the securities depository shall take all actions necessary to
assist the City and the Registrar in terminating all arrangements for the issuance of documents
evidencing ownership interests in the Bonds through the securities depository. Nothing herein
shall affect the securities depository's rights under clause (c) above.
Section 3. Escrow Account and Use of Proceeds.
3.01. Escrow Account. The City Manager is hereby authorized and directed,
simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the extent
described below, in escrow with U.S. Bank National Association, in St. Paul, Minnesota (the
"Escrow Agent"), a banking institution whose deposits are insured by the Federal Deposit
Insurance Corporation and whose combined capital and surplus is not less than $500,000, and
shall invest the funds so deposited in securities authorized for such purpose by Minnesota
Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates
as are required to provide funds sufficient, with cash retained in the escrow account, to make the
above-described payments. The Mayor and City Administrator are hereby authorized to enter
into an Escrow Agreement with the Escrow Agent for the Refunded Bonds establishing the terms
and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67.
3.02. Use of Proceeds. Upon payment for the Bonds by the Purchaser, the City
Manager shall deposit and apply the proceeds of the Bonds as follows:
(a) $ shall be deposited in the Series 2012 Construction Fund created
pursuant Section 5.01 hereof,
(b) $ shall be deposited in the Escrow Account established with the
Escrow Agent under an Escrow Agreement between the City, the Authority and the Escrow
Agent (the "Escrow Agreement"), the funds so deposited, together with funds of the City in such
amount as may be required, to be invested in securities authorized for such purpose by
Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest
at such rates as are required to provide funds sufficient, with cash retained in the escrow account,
(i) to pay all interest to become due on the Series 2003 Refunding Bonds to and including the
Redemption Date; (ii) to pay all interest to become due on the portion of the Bonds issued to
refund the Series 2006A Refunding Bonds to and including the Series 2006A Crossover Date;
(iii) to pay all interest to become due on the portion of the Bonds issued to refund the Series
2007A Refunding Bonds to and including the Series 2007A Crossover Date; (iv) to pay and
redeem the outstanding principal of the Refunded Series 2003 Bonds on the Redemption Date;
(v) to pay and redeem the outstanding principal of the Refunded Series 2006A Bonds on the
Series 2006A Crossover Date, and (vi) to pay and redeem the outstanding principal of the
Refunded Series 2007A Bonds on the Series 2007A Crossover Date;
(c) $ shall be used to pay issuance expenses of the Bonds; and
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61
4.02 hereof.
(d) S shall be deposited in the Bond Fund created pursuant to Section
Section 4. Security Provisions.
4.01. General Obligation Bonds, Series 2012A Construction Fund. There is
hereby established in the official books and records of the City, a separate General Obligation
Bonds, Series 2012A Construction Fund (the "Series 2012 Construction Fund"). The City
hereby appropriates to the Series 2012 Construction Fund all proceeds of the Bonds received
from the Purchaser allocated to the Improvement Bonds and to pay the issuance costs of the
Improvement Bonds pursuant to Section 7 hereof. The Series 2012 Construction Fund shall be
used solely to defray expenses of the Improvements, including but not limited to the transfer to
the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest,
due upon the Bonds prior to the completion of the Improvements and the payment of the
expenses incurred by the City in connection with the issuance of the Improvement Bonds. Upon
completion and payment of all costs of the Improvements, any balance of the proceeds of
Improvement Bonds remaining in the Series 2012 Construction Fund may be used to pay the
cost, in whole or in part, of any other improvements, as directed by the City Council, but any
balance of such proceeds not so used shall be credited and paid to the Bond Fund.
4.02. General Obligation Bonds, Series 2012A Bond Fund. The Bonds shall be
payable from a separate General Obligation Bonds, Series 2012A Bond Fund (the "Bond Fund")
which the City agrees to maintain until the Bonds have been paid in full. If the moneys in the
Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds,
such amounts shall be paid from other moneys on hand in other funds of the City, which other
funds shall be reimbursed therefor when sufficient moneys become available in the Bond Fund.
The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal
of and interest on the Bonds. Into the Bond Fund shall be paid: (a) the amounts appropriated
thereto pursuant to the Escrow Agreement to pay a portion of the interest on the Bonds; (b) all
collections of special assessments levied on property specially benefited by the improvement
projects financed and refinanced by the Bonds; (c) ad valorem taxes levied and collected in
accordance with the provisions of Section 4.04 hereof; (d) all excess amounts on deposit in the
debt service fund maintained for the payment of the Refunded Bonds upon the retirement of the
Refunded Bonds on the respective Crossover Dates; and (e) any other funds appropriated by the
Council for the payment of the Bonds.
4.03. Levy of Special Assessments. For the payment of the cost of each of the
Improvements and each of the improvements refinanced by the Series 2006A Bonds and the
Series 2007A Bonds the City has or will levy 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. The City
hereby covenants and agrees that for payment of the cost of each of the Improvements and each
of the improvements refinanced by the Series 2006A Bonds and the Series 2007A Bonds it will
do and perform all acts and things necessary for the full and valid levy of special assessments
against all assessable lots, tracts and parcels of land benefited thereby and located within the area
-15-
52
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 and each of the improvements refinanced by the Series 2006A Bonds and the
Series 2007A Bonds. 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.
4.04. Ad Valorem Taxes. The full faith and credit and taxing powers of the City
are irrevocably pledged for the prompt and full payment of the principal of and interest in the
Bonds as the same become respectively due. In order to produce, together with the anticipated
collections of the special assessments levied with respect to the Improvements and each of the
improvements refinanced by the Series 2006A Bonds and the Series 2007A 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:
Lever Collection Years Amount
SEE ATTACHED SCHEDULE
This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are
outstanding and unpaid; provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61.
4.05. Full Faith and Credit Pledged. The full faith and credit of the City are
irrevocably pledged for the prompt and full payment of the principal of and the interest on the
Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions
and covenants contained in this resolution. It is estimated that the taxes and special assessments
levied and to be levied for the payment of the Improvements will be collected in amounts not
less than five percent (5%) in excess of the annual principal and interest requirements of the
Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the
payment of principal and interest then due, this City shall pay the principal and interest out of
any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient
money is available to the Bond Fund. If on February I in any year the sum of the balance in the
Bond Fund plus the amount of taxes and special assessments theretofore levied for the
Improvements and collectible through the end of the following calendar year is not sufficient to
pay when due all principal and interest become due on all Bonds payable therefrom in said
following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in
this Section 4.04, a direct, iirepealable, ad valorem tax shall be levied on all taxable property
within the corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of this resolution.
-16-
53
Section 5. Defeasance. When all of the Bonds have been discharged as provided
in this section, all pledges, covenants and other rights granted by this resolution to the holders of
the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which
are due on any date by depositing with the Registrar on or before that date a sum sufficient for
the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms, by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a bank qualified by law as an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such time and at such rates and
maturing or callable at the holder's option on such dates as shall be required to pay all principal,
interest and redemption premiums to become due thereon to maturity or said redemption date.
Section 6. County Auditor Registration, Certification of Proceedings, Investment
of Money, Arbitrage and Official Statement.
6.01. County Auditor Registration. The City Clerk is hereby authorized and
directed to file a certified copy of this Resolution with the County Auditors of Hennepin and
Ramsey County, together with such other information as the County Auditor shall require, and to
obtain from each County Auditor a certificate that the Bonds have been entered on his bond
register as required by law.
6.02. Certification of Proceedings. The officers of the 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.
6.03. 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 and refinanced 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
-17-
54
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.
6.04. Arbitrage Certification. The Mayor and the City Manager, being the
officers of the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the Purchaser a certification in
accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts,
estimates and circumstances in existence on the date of issue and delivery of the Bonds which
make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that
would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations.
6.05. Arbitrage Rebate. The City shall take such actions as are required to
comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the
Code.
6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified
tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of
interest expenses for financial institutions. The City represents that in calendar year 2012 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.
6.06. Official Statement. The Official Statement relating to the Bonds, dated
March 15, 2012, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is
hereby approved. Ehlers and 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 a reasonable number of 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.
6.07. Reimbursement. The City certifies that the proceeds of the Improvement
Bonds will not be used by the City to reimburse itself for any expenditure with respect to the
financed facilities which the City paid or will have paid more than 60 days prior to the issuance
of the Improvement Bonds unless, with respect to such prior expenditures, the City shall have
made a declaration of official intent which complies with the provisions of Section 1.150-2 of the
Regulations, provided that a declaration of official intent shall not be required (i) with respect to
certain de minimis expenditures, if any, with respect to the financed facilities meeting the
requirements of Section 1.150-2(0(1) of the Regulations, or (ii) with respect to "preliminary
expenditures" for the financed facilities as defined in Section 1.150-2(f)(2) of the Regulations,
-18-
55
including engineering or architectural expenses and similar preparatory expenses, which in the
aggregate do not exceed 20% of the "issue price" of the Improvement Bonds.
Section 7. Continuing Disclosure.
(a) Purpose and Beneficiaries. To provide for the public availability of certain
information relating to the Bonds and the security therefor and to permit the original purchaser
and other participating underwriters in the primary offering of the Bonds to comply with
amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the
"SEC") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to
continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will
enhance the marketability of the Bonds, the City hereby makes the following covenants and
agreements for the benefit of the Owners (as hereinafter defined) from time to time of the
Outstanding Bonds (as hereinafter defined). The City is the only "obligated person' in respect of
the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of
which continuing disclosure must be made.
If the City fails to comply with any provisions of this Section 6, any person
aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at
law or in equity may appear necessary or appropriate to enforce performance and observance of
any agreement or covenant contained in this Section 6, including an action for a writ of
mandamus or specific performance. Direct, indirect, consequential and punitive damages shall
not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding
anything to the contrary contained herein, in no event shall a default under this Section 6
constitute a default under the Bonds or under any other provision of this resolution.
As used in this Section 6, "Owner" or "Bondowner" means, in respect of a Bond,
the registered owner or owners thereof appearing in the bond register maintained by the Registrar
or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to
the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond,
any person or entity which (i) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of the
Bond for federal income tax purposes. As used herein, "Outstanding " means when used with
reference to Bonds means all Bonds which have been issued and authenticated by the Registrar
except (i) Bonds which have been paid in full (ii) Bonds which have been cancelled by the
Registrar or surrendered to the Registrar for cancellation and (iii) Bonds which have been
discharged as provided in Section 5 hereof.
(b) Information To Be Disclosed. The City will provide, in the manner set forth
in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
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56
(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
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,
-20-
57
the Disclosure Information shall include such additional specified data regarding the replacement
operations.
If the Disclosure Information is changed or this Section 6 is amended as permitted
by this paragraph (I) 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;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the
City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry
into a definitive agreement to undertake such an action or the termination
of a definitive agreement relating to any such actions, other than pursuant
to its terms, if material; and
(N) Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in deciding to buy,
hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise
available to an investor from the Official Statement, information disclosed hereunder or
information generally available to the public. Notwithstanding the foregoing sentence, a
"Material Fact" is also an event that would be deemed "material' for purposes of the purchase,
holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted
at the time of discovery of the occurrence of the event.
-21-
(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 6 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 6
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 6 shall remain in effect so long as
any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this Section 6 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 6 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 6 (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 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
_22_
59
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 6 as so amended or supplemented would have complied with
the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds,
giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the
Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the
time of the primary offering; and (iii) such amendment or supplement does not materially impair
the interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the reasons fol
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 6 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 7. 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.
Section 8. Redemption of Refunded Bonds. The City Manager is hereby directed
to advise Wells Fargo Bank, National Association, Minneapolis, Minnesota, as paying agent for
the Refunded Bonds, to call such bonds for redemption and prepayment on the Redemption Date
and the Crossover Dates, respectively, and to give thirty days mailed Notice of Redemption, all
in accordance with the provisions of the resolutions authorizing the issuance of such bonds.
-23-
NO
Adopted this 27°i day of March, 2012.
Mayor
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember
voted in favor thereof:
and the following voted against the same:
and upon vote being taken thereon, the following
whereupon said resolution was declared duly passed and adopted.
-24-
COUNTY AUDITOR'S CERTIFICATE
AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a
resolution duly adopted on March 27, 2012, by the City Council of the City of St. Anthony,
Minnesota, setting forth the form and details of an issue of $9,660,000 General Obligation
Bonds, Series 2012A, dated as of April 25, 2012.
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.
WI`INESS my hand and official seal this day of April, 2012.
County Auditor
(SEAL)
61
IS
COUNTY AUDITOR'S CERTIFICATE
AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Ramsey
County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a
resolution duly adopted on March 27, 2012, by the City Council of the City of St. Anthony,
Minnesota, setting forth the form and details of an issue of $9,660,000 General Obligation
Bonds, Series 2012A, dated as of April 25, 2012.
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.
(SEAL)
WITNESS my hand and official seal this day of April, 2012.
County Auditor
km
St. Anthony Village
Liquor Operations
Background
The City of St. Anthony owns and
operates two Off -Sale Liquor Stores. St
Anthony Marketplace Store is located at
2700 Highway 88. The Silver Lake
L/illage Store is located at 2602 39th Av
Background (cont.)
The operation employs a
Liquor Operations Manager,
Assistant Operations
Manager and a Store
Manager. we also employ a
Full Time Lead Clerk and 25
Part Time Sales Clerks.
Mission Statement
Our goal is to control the sale of
beverage alcohol to minors and
intoxicated persons while
simultaneously generating
revenue for the community, in
accordance with city, state and
county liquor laws and
ordinances. ig
The Value of a Municipal Liquo
Operation
Control the Sale of Alcohol.
p
Generate Revenue for the
Community.
Our Profits are used for:
• Reducing the Property Tax Levy.
• Providing Funds for Special Projec
• Providing Funds for Equipment
Purchases for Police, Fire and Public
Works.
The Liquor Operation
successfully passed all
of the alcohol and
tobacco compliance
checks performed by
the Police Department.
2011 Summary of Sales
, Marketplace sales were $3,828,457.
Silver Lake Village sales were
$371673114.
Overall sales increase of $167,873
or 2.46% to $6,995,172.
r Net profit of $471,247 (unaudited).
Breakdown of Sales
Marketplace store ;
had 172,234 sales.
Average sale
amount was $22.22. it
Silver Lake Village
store had 149,90340
sales. Average sale
amount was $21.13.
Mix & Misc.
$194,025
3%
Sales by
Category
$1,897,1703,
27%9! I Spirits ' 2, 29°J855
41%
5 Year Profit History
$480,000
$460,000 $455,574
$440,000
$420,000
$400,000
$380,000 -
$360,000
2007
$4
5
$470,364 $465.798 $471,247
2008 2009 2010 2011
9
67
Auditor's Report/State Averages
Operating Expenses
St. Anthony
State Avg.
. 2011
16.5%
NIA
. 2010
16.2%
N/A
. 2009
16.0%
17.0%
. 2008
17.0%
17.9%
. 2007
15.9%
18.6%
. 2006
16.0%
18.0%
02005
16.1%
17.9%
. 2004
17.8%
17.9%
Comparison/Bench marks
Turn Ratio = 8.12 X Per Year I
Inventory Value = 11% of Total Sales
Labor Costs = 9% of Total Sales
Sales Per Square Foot = $764.00
Ranked 7t" in the State in Total Sales
Ranked 6th in Metro Area in Net
Profits
Guest Appearances & Events
r,
n
Customer Survey
Employee Relations, Store Appearance,
Product Selection:
92% Excellent or Good Overall Rating
Why do our Customers shop at our stores?
Convenience/Location 50%
Selection
25%
E- Prices/Sales/Coupons 15%
._- Friendly Staff 10%
80% Aware that our profits reduce taxes.
Web Site
1NWW.
stanthonyvillagewine
andspirits.com
72
10
St Anthony Village
2011 Public Works Annual Report
Public Works Mission Statement
The Mission of the Public Works Department is to
provide effective and efficient design, construction
operation and maintenance of the Cigr's infrastructure.
The Public Works Department is organized into 5
divisions. "These divisions work together to coordinate
services and to enhance the quality of life to our residents,
businesses and visitors by providing safe, reliable and
cffcctive service consistent with the vision and goals of
the community.
Public Works Department
1 I'ultL� \\iu1.; I)ia.k.1 r
Ptil)hc Vbrks
1u ��•rintcncicnl'
["n.- ' I,CItder
Darla 11,i�. r;`4�ccc \'chicle
Swel \\linlettlaie
l)ietsirn, f)ic�a181 w i4uilstiq
I )icision t )" w,.n
.111
G I'.t phh yccx ; — 1 I .ml�lueccs
1?mlilocccs [�'ml,f�n<'�'' I.n,hl�nce
Department _activities
Street Division ParksDivision
City Buildings
............ ---, . ... ............
water/Sewer Vehicle
Division Division.
Street Di*vl*si*on
• Street S\vccping (11 total)
• Asphalt repairs total 98 tons
• Snow & Ice Control
2011/2012 (12 full cite
plowing events)
- Salt usage w 100 tons
- Salt brine — 3245 gallons
- No sand was used
Parks Division
• City Parks
Emerald Park
-
Centnit Park
- Tower Park
- Silver Point Park
- Trillunl P;trk
0 Storm Vmer Retention Ponds
• Storm Water Ditch Lines and Coity
O\ ned Properties
• 2011 Sk.iting Season closed clue to
unsuasonalJly \.varmweather
Water/Sewer Division
-- I IN-drant blushing
Utility Truck is nooI set up
with a tough hook computer
to aid the crew with having
maps & records on hand for
better efftcicncy to du their
wo rk
Water main repairs
service leaks
10 Water main breaks
Vehicle Maintenance Division
New purchases
- pool cat for winter use (anti
- icing & clearing sidewalks)
Summer use (maintaining
Nall fields, dirt work,
groUnd mainten:mce)
- Tarn 360 — Dual purpose
machine for mowing
(ILImntcr use) & snow
blowing for winter use
2011 Public Works Department
Trainin
• Annual OSFIA
• First Aid/CPI
• RIS LMO Turf 'Maintenance
held on July 20
• Competent Person Training;
{joint with City of Columbia
F Ieig;hts)
• L MCIT — Safety Loss
Work=shop on April 20 & 28
Street & Utility Improvement
Program
2011 Street & Utility Project in
• Streets
- Belden Drive
- Coolidge Street
- Harding Street
- Edward Street
- 36"' Ave to 37'x' A% -c
• Sidewalks
- 39"' Ave
Silver Lake Road to
\ lacalaster Drive
Review
2012 Street & Utility Improvement
Program
• Belden Drive from
34t" Ave to 3611' Ave
• Coolidge Street from
3411' Ave to 36111 Ave
• 351' kve from Harding
Street to
Belden Drive
.y
N
V
'1
e:+
rs
1
2012 Street & Utility Improvement
Program
• Belden Drive from
34t" Ave to 3611' Ave
• Coolidge Street from
3411' Ave to 36111 Ave
• 351' kve from Harding
Street to
Belden Drive
79
Sidewalk and Street Lighting
Program
No Projects
Scheduled for
2012
2012 LED Pedestrian Safety
Enhancements
• Flashing; Step Sign at 29'l'
Ave & Crestview Drive
• Future: 33,a 1ve &
Rankin Road
• In Pavement Cross-
walks at 34111 Ave &
Silver Lake Read
Kenzie Terrace at
Pentagon Drive
2011 Project Awards and Grants
• 2011 - Recognized at
I,1IC
Conference As
a Step 2 Cite
• 2012 - Work Toward
Step 3 bevel
2012 and Beyond
• t.(ftl[InIIC �17Ch Plll)I1C ,,tea,.>__a.--..,-.�. ►'
Improvements
• Annual Street Maintenance cue
Reconstruction Program
• 1.o��•n-'l'resttmcnt 51•stctn —
$il,-cr ],ake "C1II?L, —
Phosphorus Reduction Ilan
• Silver I.ake/Nlirror lake
redsiog
2012 Upcoming Events
Annual CitZvide Clem --Ute Day
• May 5, 2012 From gam to Noon at PW Facility
Curbside Branch Chug
• may 14, 15, 16, 2012
Citywide .Hydrant Flushing
• May 21, 22, 23, 24, 2012
2012 VillageFest at Central Park
• august 3, 4, 5, 2012
Questions
FUTURE COUNCIL AGENDA ITEMS
3/27/2012
Meeting
Meeting
Items/Issues
Staff present
Date
Type
April 2
SPECIAL
WORKSISSION
City Council
5:30 pm
City Manager
Utility Rates Increase
City ne
1st Quarter Goals Update
r
City Manager
April 10
Regular
Support of MN GreenCorps Host Site Applications
Stacie Ehlers
Preliminary Review of Purchase Agreement/ Development
Finaance Director
Finance
Agreement Dominium -HRA informational only
April 16
SPECIAL
WORKSESSION
City Council
5:30 pm
City Manager
Planning Commission Items from April 17
City Council
April 24
Regular
Public Hearing on 2013 Budget
City Manager
Approval of Purchase Agreement/ Development Agreement -
Finance Director
Council &HRA
May 7
SPECIAL
WORKSESSION
City Council
5:30 pm
2013 Budget & Evaluate Capital Equipment Needs
City Manager
May 8
Regular
Presentation by University of Minnesota Students
City Council
City Manager
May 15
Regular
Planning Commission Items from May 15
City Council
City Manager
2011 Audit Presentation
City Council
June 12
Regular
City's Insurance Renewal
City Manager
Finance Director's Annual Report
Finance Director
June 26
Regular
Planning Commission Items from June 19
City Council
City Manager
July 10
Regular
Approval of Elections Judges for Primary Election
City Council
City Manager
July 24
Regular
Planning Commission items from July 17
City Council
Nite to Unite Proclamation
City Manager
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
March 27, 2012
Call to Order.
Roll Call.
1. Approval of March 27, 2012, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items
unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve March 13, 2012, H.R.A. Minutes. (pp. 1-2)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
A. Resolution 12-005; Related to Public Facilities Lease Revenue Bonds, Series 2003 (City of St.
Anthony Annual Appropriation Lease Obligations): Approving the Redemption Thereof and
the Execution of an Escrow Agreement with Respect Thereto. Stacie Kvilvang, Ehlers &
Associates is presenting. (pp. 3-4)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
FACouncil Meelingsl201210327201MRA agenda.docx
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
MARCH 13, 2012
.17�\ /1111ICIZ1 ' 1 '
Chair Faust called the meeting to order at 7:55 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth.
Commissioners absent: None.
Also Present: Executive Director Mark Casey.
L APPROVAL OF MARCH 13, 2012, HRA MEETING AGENDA
Motion by Commissioner Jenson, seconded by Commissioner Gray, to approve the March 13,
2012, Housing and Redevelopment Authority Agenda as presented.
IL CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Jenson, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of February 14, 2012; and
B. Claims.
III. PUI3LIC 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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214ousing and Redevelopment Authority Meeting Minutes
March 13, 2012
Page 2
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 7:56 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Chair
CERTIFICATION OF MINUTES RELATING TO
PUBLIC FACILITIES LEASE REVENUE BONDS
(CITY OF ST. ANTHONY, MINNESOTA LEASE OBLIGATION)
SERIES 2003
Issuer: Housing and Redevelopment Authority of the City of St. Anthony
Governing Body: Board of Commissioners
Kind, date, time and place of meeting: A regular meeting held on March 27, 2012, at
7:00 o'clock p.m., at the City Hall, St. Anthony, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including): Pages 1 through 4
RESOLUTION 12-005
RELATED TO PUBLIC FACILITIES LEASE REVENUE
BONDS, SERIES 2003 (CITY OF ST. ANTHONY ANNUAL
APPROPRIATION LEASE OBLIGATIONS); APPROVING
THE REDEMPTION THEREOF AND THE EXECUTION OF
AN ESCROW AGREEMENT WITH RESPECT THERETO
I, the undersigned, being the duly qualified and acting recording officer of the pu0062lic
corporation issuing the Bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said Bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above, pursuant to call and notice of such
meeting given as required by law.
WITNESS my hand officially as such recording officer on March , 2012.
Executive Director