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CrrY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF MAY 239 2005
7:30 p.m. - City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
Print Name (Clearly); Address Item No.
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� CITY COUNCIL MEETING OF MAY 23, 2005
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in
its services, programs, or acrivities because of race, color, creed, religion, narional origin, sex, disability, age, marital status,
seaual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activiries. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Board of Review Meeting of May 9, 2005
City Council Meeting of May 9, 2005
NEW BUSINESS:
Approve Agreement Amendment for Curbside
RecyclingServices ............................................................................................ 1 - 2
2. Resolution Authorizing Execution of Amendment
No. 1 to Grant Agreement with the MPCA for
Springbrook Watershed Implementation Project
Phase II CWP Grant Project .............................................................................. 3- 6
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Providing for the Issuance and Sale of
$1,835,000 General Obligation Improvement Bonds,
Series 2005A, Pledging for the Security Thereof
Special Assessments, and Levying a Tax for the
PaymentThereof ............................................................................................... 7 - 31
4. Resolution Providing for the Issuance and Sale of
$4,680,000 General Obligation Tax Increment
Refunding Bonds, Series 2005B and Pledging
for the Security Thereof Tax Increments ........................................................... 32 - 53
5. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit
for Spring Lake Park Lions Club (Sandee's
Restaurant, 6490 Central Avenue N.E.)
(Ward 2) ...................................................................................................... 54 - 55
6. Resolution Accepting Stipulation for Out of
Court Settlement with Lawrence A. Chubb ........................................................ 56 - 57
7. Claims ....................................................................................................... 58
8. Licenses ....................................................................................................... 59 - 62
FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
NEW BUSINESS:
9. Resolution Approving a Minor Comprehensive Plan
Amendment, CP #05-01, by Har-Mar Incorporated,
for Property Located on Lots 4-6, Block 1, Paco
Industrial Park, Except the North 35 Feet of Lot 4,
Generally Located at 7110-90 University Avenue
N. E. (Ward 3) ..................................................................................................... 63 - 64
10. First Reading of an Ordinance to Amend the City
Code of the City of Fridley, Minnesota, by Making a
Change in Zoning Districts (Rezoning Request,
ZOA #05-01 by Har-Mar Incorporated, for Property
Generally Located at 7110-90 University Avenue N.E.)
(Ward 3) ....................................................................................................... 65 - 66
11. Informal Status Report ....................................................................................... 67
ADJOURN.
BOARD OF REVIEW
CITY OF FRIDLEY
MAY 9, 2005
The Board of Equalization and Review for the City of Fridley was called to order by
Mayor Lund at 7:00 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Mary Smith, City Assessor
Rebecca Brazys, Recording Secretary
Lynn Krachmer, City Appraiser
STAFF PRESENTATION:
(The subject property owner, Samy Ahmed, was not present. He was contacted by
telephone and indicated that he did not plan to attend the meeting.)
Ms. Smith, City Assessor, explained that this is a continued meeting of the local Board
of Review that was held on April 25, 2005. At that meeting, Mr. Samy Ahmed of 5683
West Bavarian Pass was present and spoke about the January 2, 2005 estimated
market value of his home in the amount of $158,600. It was the Board's decision to
have staff view Mr. Ahmed's home, which has been done. The Board has three
possible courses of action they can take on this case: affirm, reduce, or increase the
2005 estimated market value based on the information presented. Market value is
defined as "the most probable price expressed in terms of money that a property would
bring if exposed for sale on the open market in an arm's length transaction between a
willing seller and a willing buyer, both of whom are knowledgeable concerning all the
uses to which it is capable of being used." If upon reaching a decision, the property
owner feels the Board did not resolve his concerns, he may bring his case to the County
Board of Appeal and Equalization which is being held on June 13.
Ms. Smith explained that assessing staff physically viewed Mr. Ahmed's property on
April 26, 2005. This property consists of a split foyer townhome with 798 square feet on
BOARD OF REVIEW MEETING OF MAY 9, 2005 PAGE 2
the main floor and lower level finishing of 718 square feet. Located on the lower level
are a family room, bedroom, fireplace and extra bath. This property is in average
condition and did have a new furnace, air conditioner, and hot water heater installed in
2001. This would not tend to increase the estimated market value; however it may
contribute to a higher selling price. At the time of the staff's viewing, Mr. Ahmed
provided staff with a one-page review of his property given to him by Dawn Jarl of
Counselor Realty. This review has been included in the packet provided for Council.
Listed on this review is the date the information was prepared, the subject property
address, the recommended price range, and comparable properties that were active
listings or sold properties as of November 24, 2004. The realtor Mr. Ahmed consulted
came up with a recommended price range from $152,550 to $161,988 for his property.
Ms. Smith explained that staff was unable to confirm the two properties listed as active.
They are not currently listed in the MLS online website nor have they received
certificates of real estate value for them indicating they were sold. Staff confirmed the
three sold properties that were listed as follows:
• 5605 West Bavarian Pass listed for $139,900 and sold for $130,000 in
September 2004. This property is a split foyer townhome consisting of 796
square feet. In speaking with the buyer, it was discovered that the property's
interior was in rough shape with a lot of work required. During the last inspection
period, staff was unable to gain access to the property.
• 5663 West Bavarian Pass listed for $174,900 and sold for $171,000 in April
2004. This property is a split foyer townhome consisting of 798 square feet. The
buyer told staff that no updating had been done prior to the sale and the property
had all the original mechanicals and appliances and was in average condition.
This property was last inspected in September 2003 by City staff.
• 5415 West Bavarian Pass listed for $174,900 and sold for $170,000 in October
2004. This property is a rambler on slab townhome (which is different than the
subject property) consisting of 1,086 square feet. In speaking with the seller, it
was indicated that there was some cosmetic updating done before the sale
including carpeting, painting and a new hot water heater. The furnace was
original. This property was tagged and information reviewed by telephone with
the previous owner in September 2003.
Ms. Smith stated the first step staff took to review this property was to run a query for all
split foyer townhome sales that occurred in this area from October 1, 2003, to
September 30, 2004 (State Sales Study period). Out of the 8 sales, staff chose three
with similar square footages to use for the sales analysis. Staff's review is as follows:
• Comparable 1: 1525 Trapp Court — This property sold in November 2003 for
$159,500 and consists of 798 square feet. In speaking with the seller, it was
indicated that only cosmetic updating occurred prior to the sale which included
BOARD OF REVIEW MEETING OF MAY 9, 2005 PAGE 3
some painting and replacement of floor coverings. The mechanicals were
original (1979). This property was last inspected in October 2003 by staff.
• Comparable 2: 5663 West Bavarian Pass —(This comparable was also used by
the realtor for the property owner's analysis.) This property sold in April 2004 for
$171,000 and consists of 798 square feet. In speaking with the buyer, it was
indicated that there was some cosmetic updating before the sale. The buyer also
stated that the property had all the original mechanicals and appliances (1979)
and was in average condition. This property was last inspected by staff in
September 2003.
• Comparable 3: 1531 Trapp Court — This property sold in April 2004 for $184,000
and consists of 798 square feet. In speaking with the seller it was stated that the
only updating prior to the sale was cosmetic with some painting of rooms and
replacement of floor coverings. The mechanicals for this property were also
original (1979). This property was last viewed by staff in October 2003.
Ms. Smith stated the following adjustments were made to the above comparables to
make them similar to the subject: Time adjustments were made to adjust each sale to
the January 2, 2005, assessment date. Other adjustments were made for differences to
fireplaces, garage square footage, basement finishing, porches and decks, walkouts,
age, and size. The average value determined after adjustments was $176,400.
Ms. Smith stated it is the recommendation of the Assessor that after physically viewing
5683 West Bavarian Pass and analyzing sales data, that the 2005 estimated market
value for Pin No. 24-30-24-41-0204 remain the same at the established value of
$158, 600.
MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to affirm the
appraised value of $158,600.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 9, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at
7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Richard Pribyl, Finance Director
Scott Hickok, Community Development Director
Don Abbott, Public Safety Director
Rebecca Brazys, Recording Secretary
PROCLAMATIONS:
Mayor Lund read and presented the following proclamations:
Peace O�cers Memorial Day: May 15, 2005
Veterans' Buddy Poppy Day: May 20 2005
Mediation Services for Anoka County Day: May 24, 2005
Public Works Week: May 16 — 22, 2005
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
• Approval of the minutes of the April 25, 2005 Board of Review meeting.
APPROVED
• Approval of the minutes of the April 25, 2005 City Council meeting.
APPROVED
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 2
NEW BUSINESS:
1. Resolution Approving a Plat, P.S. #05-01, Gospel Hall Addition, by Dale
Christiansen, Roslyn Park Wesleyan Church, for the Purpose of Creating a
Three-Lot Plat and to Separate Church from Residential Properties,
Generally Located at 5300 6t" Street, 401 53rd Avenue, 5315 5t" Street, and a
Vacant Lot North of 5315 5t" Street NE (Ward 1).
Dr. Burns, City Manager, stated this new plat would separate the church and the
adjacent vacant lot from two residential properties. The new plat will consist of three
separate properties including 5600 6t" Street, 401 53rd Avenue, and 5315 5t" Street
(together with the vacant lot that lies north of 5315 5t" Street). Staff recommends
approval of the new plat with the six stipulations below:
1. Petitioner to provide drainage and utility easements as shown on the
preliminary plat drawing.
2. Petitioner shall provide any easements required by Kaneb Pipeline prior to
final plat approval.
3. The property owner of 5300 6t" Street shall continue to provide reasonable
seasonal maintenance as necessary to assure access to and from the
non-vacated portion of the alley.
4. The alley shall be sufficiently labeled to prevent the entrance from being
blocked.
5. The existing garage at 5315 5t" Street shall be made accessible by
construction of an approved surface driveway and the filing of an
easement for access from Lot 1, or a new driveway and garage (with
direct access from 5t" Street) shall be constructed within one year of final
plat approval.
6. Proof of parking on vacant lot north of 5315 5t" Street shall be required to
be installed if there is an expansion to the church or the City deems that it
is necessary.
ADOPTED RESOLUTION NO. 2005-21.
2. Claims (12414-121588).
APPROVED.
3. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 3
4. Estimates.
APPROVED.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve
the consent agenda as presented.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the agenda with Items 5, 6 and 7 considered in reverse order.
Mr. Hickok, Community Development Director, explained that he planned to present
Items 6 and 7 together as one presentation with two separate actions.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve
the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes.
No comments were made.
PUBLIC HEARINGS:
6. Consideration of a Resolution Approving a Minor Comprehensive Plan
Amendment, CP #05-01, by Har-Mar Incorporated, for Property Located on
Lots 4-6, Block 1, Paco Industrial Park, except the North 35 Feet of Lot 4,
Generally Located at 7110-90 University Avenue NE (Ward 3).
7. Consideration of an Ordinance to Amend the City Code of the City of
Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning
Request, ZOA #05-01, by Har-Mar Incorporated, for Property Generally
Located at 7110-90 University Avenue NE) (Ward 3).
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to open
the public hearings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 4
Mr. Hickok, Community Development Director, stated the petitioner in this case is
Jerome O'Brian Slawik with Har Mar Incorporated as the owner/manager of the
property. The request is a rezoning from M-1, Light Industrial, to C-2, General
Business. The purpose of this request is to allow the Billiard Street Cafe to obtain a
liquor license. The petitioner needs to meet the definition of a restaurant to obtain a
liquor license which means that 40% of the total gross sales of the business must be
from serving food. Once established, the facility must have a minimum of 40% food
sales to maintain a liquor license.
Mr. Hickok explained this property is just north of Community Park between Commerce
Circle East and University Avenue and fronts along University Avenue. The original
zoning on this property was R-3, Multi-family. In 1967, the zoning changed to CR-2,
Office, Service and Limited Business. The service drive was then moved west and
Commerce Circle East was created. In the 1970s, the property was zoned C-2, General
Business. In 1980, the subject parcel, originally part of a larger development plan, was
rezoned to M-1, Light Industrial. As tenants occupied the space, the intended
warehouse use evolved into a predominant office use. In 1986, a special use permit
was approved to allow a surgeon's office. In 1986, a variance was approved to reduce
the parking setback on the west side and to reduce parking stall width to 9 feet on
spaces adjacent to the building. In 1988, a special use permit was approved to allow
operation of a billiard, arcade, and snack bar in the M-1 district. In 1997, a special use
permit was modified to allow an expansion of the commercial recreational use (billiards)
in the M-1 zoning. In 2001, a special use permit was granted to allow another
expansion of the billiard hall.
Mr. Hickok stated that staff takes rezoning requests through a series of steps and asks
a series of questions to make certain it can pass. The first question is whether or not
the proposed zoning is consistent with the uses at the building. Staff found that for this
petition, the proposed rezoning is consistent with current uses. Staff also found that the
proposed rezoning is consistent with other property north along the University Avenue
corridor. Staff did find, however, that this proposal is not consistent with the City's
Comprehensive Plan which is why the minor Comprehensive Plan Amendment has
been proposed. With respect to the Comprehensive Plan, staff found that there will be
no impact on Metropolitan systems; there will be no changes to the service boundary as
Fridley is completely within the Metropolitan service boundaries; there will be no
changes to timing and staging of the urban service area; there will be no impact on the
wastewater treatment as this is an existing facility; and there will not be discharge to
more than one Metropolitan interceptor.
Mr. Hickok said that the parcel has 165 parking stalls and 264 stalls would be required.
Accordingly, it has only 63% of the required parking area. However, a mix of uses is co-
existing now without parking problems due to differing business hours. By stating that
this property is appropriate to be rezoned, Council would be recognizing that there is a
variance involved. This variance has a stipulation attached which requires that future
uses be reviewed and that the manager recognizes there must not be any issues with
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 5
future uses conflicting with current uses or the City has the authority to say no to that
use.
Mr. Hickok said that at their April 20 meeting, the Planning Commission unanimously
recommended approval of the rezoning and the Comprehensive Plan Amendment.
Staff also recommends approval of the proposed rezoning because it provides
consistency along the University Avenue corridor and allows a better fit for the current
uses at the subject property. Staff inet with other tenants at this location and found
them to be supportive of this request. Staff also recommends approval of the
Comprehensive Plan Amendment as the proposed minor amendment provides
consistency for zoning designations along the western edge of the University Avenue
corridor and the proposed minor amendment will not have an impact on Metropolitan
systems.
Mr. Hickok stated staff recommends the following stipulations be attached:
• The development owner shall notify the City of any future additions/expansions
or tenant change-outs and shall accept limitations on occupancy of the building
should parking shortages result.
• Any and all special use permits tied to the industrial zoning will be nullified with
this rezoning to C-2.
Councilmember Barnette questioned why this request is inconsistent with the
Comprehensive Plan.
Mr. Hickok stated the property is currently zoned industrial which matches the
Comprehensive Plan map. However, the Comprehensive Plan text is consistent with
the current uses.
Councilmember Bolkcom questioned the wisdom of seeking the rezoning simply
because the petitioner wants a liquor license.
Mr. Hickok replied if the petition did not make sense from a zoning perspective it would
not have gotten this far. This property is the oddity as far as zoning along that section
of the University Avenue corridor. This is not spot zoning and it is not for the favor of a
certain individual.
Councilmember Bolkcom asked if any of the current tenants would not qualify under
C-2.
Mr. Hickok responded no, they could all exist in the M-1 or C-2 district. Staff inet with
one of the tenants they were concerned about and that tenant had no issues with the
rezoning and, in fact, was supportive of the proposal.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 6
Councilmember Bolkcom questioned if the increased food sales the petitioner is hoping
for will impact the parking. It appeared there is a lot of ownership being put back on the
City related to future parking issues.
Mr. Hickok stated staff believes the parking stipulation puts the ownership back on the
property owner by requiring that any future tenant changes be reviewed and approved
by City staff. If there were more land at this site, staff would recommend a proof of
parking arrangement. This stipulation forces the owner to continue looking for a mix of
uses that will ensure that parking does not become a problem.
Councilmember Bolkcom asked Mr. Hickok to review the variances and special use
permits previously approved for this property that will be nullified by this rezoning.
Mr. Hickok explained the variance for the reduced parking setback and driveway width
will stay with the land. Only the special use permits will go away because those uses
are allowed in the C-2 zoning being requested.
Mayor Lund asked if Council action would be required once the rezoning has been
approved.
Mr. Hickok stated a record is being created by Council's action tonight, so no additional
Council action would be required. Also this record will be recorded at the County level.
Mr. Todd Phelps, Leonard Street & Deinerd, representing the property owner, stated the
owner fully understands staff's requirement to inform the City of any tenant changes. All
the current tenants are happy and none of the leases are due any time soon, so they do
not anticipate any changes in the near future. On behalf of the petitioner, he stated they
concur with City staff's recommendation.
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the
public hearing for CP #05-01 and ZOA #05-01.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
5. Consideration of an On-Sale Intoxicating Liquor License for Billiard Street
Cafe, Generally Located at 7178 University Avenue N.E. (Ward 3).
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Pribyl, Finance Director, stated the Billiard Street Cafe has been in business at the
same location for 17 years. The building in which the business is located is at 7178
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 7
University Avenue and is owned by Har-Mar Incorporated. In order for the property to
be considered for a liquor license, a rezoning to C-2 is required. This location has a
conforming restaurant that has been serving food since 1997. The Police Department
has reviewed the backgrounds on the owner and manager and finds no reason to deny
the request. During discussions with the business owner, staff found some items that
will change some of the business practices at this location. One item is that no person
under the age of 18 shall be in the business other than for the purpose of consuming
meals or working. Also, the applicant has applied for a 2:00 a.m. closing and has been
instructed that the business and parking lot is to be emptied by 2:30 a.m. except for
employees. In addition, the applicant has been instructed as to the minimum/maximum
40/60 ratio of food to alcohol requirement.
Councilmember Bolkcom asked if the 2:00 a.m. closing has a different requirement that
must be met.
Mr. Pribyl stated there are some issues that the Police Department has with respect to
making sure the business and parking lot are vacated by patrons. There is a separate
record-keeping requirement as far as monitoring the food to liquor ratio. The petitioner
is aware of both of these issues.
Councilmember Bolkcom asked how the Billiard Street Cafe owner will manage minors
playing billiards when alcohol will be served.
Mr. Gregory Asproth, Billiard Street Cafe owner, stated he understands that the City
Code will not allow anyone under the age of 18 to play pool without a parent or
guardian. He explained that he worked with City staff to create a policy for patrons
under the age of 21 (a copy was presented to Council members). This policy calls for
ID checks for all patrons as well as wristbands and hand stamping for all patrons under
the age of 21. He will also continue talking with the Police Department on a regular
basis. In addition, all servers and managers will be thoroughly trained in handling
minors. They will also participate in the Liquor Awareness Program through the Fridley
Police Department. He understands that handling minors in a liquor establishment is a
very serious issue.
Councilmember Bolkcom asked what the hours of operation will be for the restaurant
and how they will encourage people to eat to ensure the food to liquor ratio is met.
Mr. Asproth replied they are currently working with consultants in the restaurant
business. They would like to change their menu and promote it in the local paper and
other areas. Not having a liquor license has caused them to lose a lot of business, such
as private parties and billiard leagues. The restaurant is open from 10:00 a.m. to just
before close. They currently serve food 17 to 18 hours a day.
There was some discussion whether or not an 18 year old would be considered an adult
or guardian for a minor.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 8
Mr. Abbott, Public Safety Director, stated the ordinance would provide for persons under
the age of 18 to play pool provided they are accompanied by a parent or guardian. His
interpretation is that a guardian would have to be an official or assigned guardian. He
would not consider an 18 year old brother or sister a legal guardian.
Councilmember Barnette pointed out that minors are allowed to bowl without a parent
and questioned why the billiard hall is handled differently. Also, the food to liquor ratio
for a bowling alley is 40/60 rather than the 30/70 for the billiard hall.
Mr. Abbott stated City Code allows a minor to enter a bowling center but does not allow
that in the case of any other liquor licensee. The primary responsibility will fall on Mr.
Asproth to ensure that a minor is not served alcohol, but having a parent or guardian
present offers an additional layer of protection to keep minors from coming into contact
with alcohol.
Councilmember Billings asked what the current ratio of food to billiard sales is at Billiard
Street Cafe. He also asked Mr. Asproth if he thinks the percentage of billiard sales will
increase as much as the food and alcohol sales.
Mr. Asproth responded that food sales make up 39% and billiard sales 59%. He
anticipates there will be more leagues playing than open billiards which may result in
lower billiard sales. They hope not to lose the focus on billiards, as that is their
business.
Councilmember Billings commented that even though Billiards Street Cafe has been at
this location for 17 years the number of problems have been insignificant at best.
Based on the way they have run their business, he does not see any reason why they
will not be able to successfully address the issues discussed at tonight's meeting. He
said he is very supportive of the liquor license for Billiards Street Cafe as long as Mr.
Asproth understands that the City feels this is a restaurant that happens to serve liquor
and happens to have billiards.
MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to enter
into the record a one-page statement entitled "Billiard Street Cafe Policy (Under Age
21).,,
Councilmember Billings stated he would like to indicate for the record that while this
policy is being received into the record, it does not necessarily mean that by accepting it
into the record Council is indicating that by following these procedures Billiard Street
Cafe will be held harmless from any violations that may occur. This is Billiard Street
Cafe's responsibility and their policy is being entered into the record as an indication of
their intent to try and police the activities inside their doors.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2005 PAGE 9
MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mayor Lund informed the petitioner that Council will take action on their requests at the
May 23 City Council meeting.
NEW BUSINESS:
8. Informal Status Report.
None.
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 PM.
Respectfully submitted by,
Rebecca Brazys Scott J. Lund
Recording Secretary Mayor
�
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CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2005
Date: May 19, 2005
To
From
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Recycling Contractor Name Change
BFI Waste Systems of North America, Inc. is indirectly a wholly owned subsidiary of Allied Waste
Industries, Inc. BFI Waste Systems of North America has been owned by Allied Waste Industries,
Inc. (AWI) since an acquisition that took place in 1999.
BFI Waste Systems of North America, Inc. requests that the City of Fridley recognize the change in
its legal name to "Allied Waste Services of North America, LLC".
This request is a result of AWI's internal efforts to restructure certain subsidiaries to be
administratively consistent with other existing operations.
BFI staff reports that there will be no change in personnel or any other aspect of the local operations
as a result of this administrative adjustment.
Recommendation
Staff recommends that the City Council approve the attached agreement amendment. Staff further
recommends that the City Manager be authorized to execute the contract amendment.
M OS-35
FORM OF ASSIGNMENT LETTER
ALLIED WASTE SERVICES OF NORTH AMERICA, LLC
May 5, 20Q5
City of Fridley
Rachel Harris
6431 University Ave NE
Fridley, MN 55432
Re: Agreement for Curbside Recycling Services
Dear Rachel:
BFI Waste Systems of North America, Inc. ("BFINA"), a Delaware corporation and an indirect wholly-owned
subsidiary of Allied Waste Industries, Inc., a Delaware carparation ("AWI Parent"), hereby requests that the City of
Fridley give written cansent to an assignment by BFINA of the above-referenced Agreement and all rights, title and
interest therein of BFINA to its subsidiary, Allied Waste Services of North America, L,L,C ("AWSNA"), a Delaware
limited liability company. AWSNA hereby agrees to assume all responsibilities in compliance with the terms and
canditions of the above-referenced Agreement and any liabilities associated therewith.
This assignment is being requested as a result of AWI Parent's internal effarts to restructure certain of its
subsidiaries to be administratively consistent with other existing operations. As part of this subsidiary restructuring
project, the membership in AWSNA ultimately will be transferred to Browning-Ferris Industries, LLC ('BFILLC").
However, it is important ta note that the current management and operations of the variaus local operatians will not
be affected hy this assignment. While the change results from a purely internal transfer of assets and liabilities, the
change is in the nature af a name change, in that the ultimate owner of BFINA, AWSNA, and BFILLC remains
AWI Parent. There will be na change in personnel or any other aspect of the local operatians as a result of this
administrative adjizstment. We remain firmly cammitted ta ihese operations.
Any and all amendments ta existing financial assurance documents will be forwarded to you as soon as possible.
Please confirm your written consent to this assignment by executing this letter as indicated belaw and returning it to
the facility's address located at:
BFI Waste Systems
Rich Hirstein
9813 Flying Claud Drive
Eden Prairie, MN SS347
Should you have any questions or concerns regarding this request, please contact Elaine K.uether, Corporate
Paralegal at (480) 627-2.370, ar the local manager, Rich Hirstein at (952) 946-5330.
Sincerely,
BFI WASTE SYSTEMS OF NORTH AMERI(:A, INC. and
ALLIEA WASTE SERVICES OF NORTR AMERICA, LLC
BY:
TITLE:
AGREED AND ACCEPTED TO AS OF THE _ DAY OF , 2005.
City of Fridley
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TITLE:
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CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF May 23, 2005
Date: May 18, 2005
To
From
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Springbrook Watershed Implementation Grant Extension
Background
In March, upon recommendation by our Minnesota Pollution Control Agency representative, staff
notified the MPCA that we would like a one-year extension on our Springbrook Watershed CWP
Implementation grant. This Clean Water Partnership grant is due to expire on May 29, 2005.
Expenses made related to the proj ect after this date cannot be covered by grant funds. Since it was
possible that the streambank restoration proj ect in the Nature Center would not be finalized by May
29, staff requested the extension.
A few days ago, staff was informed that the extension request must be approved by resolution by
the project sponsor, which is the City of Fridley. The resolution and agreement amendment,
extending the grant term another year, are attached for your review.
Approval of the resolution and grant agreement amendment will ensure that the City of Fridley can
obtain the MPCA CWP grant funds dedicated to the Springbrook Watershed project. In addition,
the extension may permit the City to apply for additional grant funds. Staff has just learned this
week that the Springbrook Watershed proj ect is eligible to apply for "continuation" CWP grant
funds if needed to complete the proj ect. As you recall, the proj ect was recently scaled back to
provide adequate funding for the Springbrook Stream restoration portion of the proj ect. If any
funding is unspent in the grant proj ect, the City of Fridley could use that unspent money and any
additional funds to meet the 50-50 match requirement to obtain additional grant funds
noncompetitively. However, such application must be submitted to the MPCA by June 6, 2005,
prior to the next City Council meeting.
Recommendation
Staff recommends that the City Council approve the attached resolution and agreement extension
and authorize the City Manager to execute the documents on the City's behalf. Unless otherwise
directed, staff will investigate the feasibility of applying for "continuation" grant funds to complete
the project as planned in the previous Work Plan approved by the project's Advisory Committee by
the June 6 deadline.
RESOLUTION NO. -2005
A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO GRANT
AGREEMENT WITH THE MPCA FOR SPRINGBROOK WATERSHED
IMPLEMENTATION PROJECT PHASE II CWP GRANT PROJECT
BE IT RESOLVED by the City Council, that the City of Fridley enter into a Grant
Agreement identified as CFMS Number A35923 with the Minnesota Pollution Control
Agency in 2002 to conduct the following project: Springbrook Watershed
Implementation Project; and
BE IT FURTHER RESOLVED that the City of Fridley desires to extend the grant
agreement one additional year to permit completion of the project, which was delayed
due to complications in bidding and a shortage of funding;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, that
the City of Fridley approve the attached Amendment No. 1 to Agreement CFMS
Number A35923 with the Minnesota Pollution Control Agency to extend the Springbrook
Watershed CWP Implementation Project one additional year.
BE IT FURTHER RESOLVED by the City Council, that the City Manager be authorized
to execute the attached Grant Agreement Amendment for the above mentioned project
on behalf of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2005.
Scott J. Lund - Mayor
ATTEST:
Debra Skogen - City Clerk
AMENDMENT NO. 1 TO GRANT AGREEMENT CFMS NO. A35923
Start Date: May 30, 2002 Total Amount: $200,669
Original Expiration Date: May 29, 2005 Original Amount: $200,669
Current Expiration Date: May 29, 2005 Previous Amend: $-0-
Requested Expiration Date: May 29, 2006 This Amendment: $-0-
CLEAN WATER PARTNERSHIP
GRANT AGREEMENT AMENDMENT
MINNESOTA POLLUTION CONTROL AGENCY
This Amendment is by and between the State of Minnesota, through its Commissioner of the
Minnesota Pollution Control Agency (STATE or MPCA) and the City of Fridley (SPONSOR
or PRO7ECT SPONSOR), 6431 University Avenue NE, Fridley, Minnesota 55342
RECITALS
1. The State of Minnesota through it's Pollution Control Agency (STATE or MPCA), has a
Grant Agreement identified as CFMS Number A35923 (ORIGINAL AGREEMENT) with THE
City of Fridley (SPONSOR) to conduct the "Springbrook Subwatershed Implementation
Project-CWP02"
2. Minnesota Rules Chapter 7076, which governs the administration of the Clean Water
Partnership Grant Program, provides that the Grant Agreement Period may be extended.
3. Because of unforeseen difficulties, the amount of time needed to complete all of the tasks
required under the Proj ect was underestimated.
4. The MPCA and the SPONSOR have agreed that additional time is now necessary for the
satisfactory completion of the ORIGINAL AGREEMENT.
5. The ORIGINAL AGREEMENT states in Section I. Summary, and in Section IV (C)(2).
Budget Period, that this Grant Agreement shall be effective upon the date that the last signature
is obtained by the State, pursuant to Minn. Stat. § 16C.05, subd. 2, and remain in effect for three
(3) years.
6. The last signature was obtained by the State, pursuant to Minn. Stat. § 16C.05, subd. 2, on
May 30, 2002 and the ORIGINAL AGREEMENT is set to expire under its own terms on May
29, 2005.
7. The STATE and the SPONSOR now agree that the Grant Agreement Period should be
extended one additional year.
8. The ORIGINAL AGREEMENT and any previous amendments are incorporated into this
amendment by reference.
AGREEMENT AMENDMENT
cwPtX.doo 3�os CWP Grant Agreement Amendment MPCA/Regional
AMENDMENT NO. 1 TO GRANT AGREEMENT CFMS NO. A35923
In this Amendment deleted agreement terms will be struck out and the added agreement terms
will be underlined.
REVISION 1. That Section I. SUNINIARY is amended as follows:
PERIOD COVERED BY THIS AGREEMENT:
This Agreement shall be effective upon the date that the last signature is obtained by the
State, pursuant to Minn. Stat. § 16C.05, subd. 2, and shall remain in effect � r*�T
�throu�h May 29, 2006 or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
The Project Sponsor must not begin work under this Agreement until this
Agreement is fully executed and the Project Sponsor has been notified by the State's
Authorized Representative to begin work.
REVISION 2. That Section IV (C)(2) Budget Period: is amended as follows:
This Agreement shall be effective upon the date that the last signature is obtained by the
State, pursuant to Minn. Stat. § 16C.05, subd. 2, and shall remain in effect ��r *�T
�throu�h May 29, 2006 or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
Except as herein amended, the terms and conditions of the original Grant Agreement remain in
full force and effect and are expressly reaffirmed by the parties.
APPROVED
1. STATE ENCUNIBRANCE VERIFICATION
Individual certifies that funds have been
encumbered as required by Minn.Stat. §§
16A15 and 16C.05.
Signed
Date
CFMS Number
2. SPONSOR: CITY OF FRIDLEY
SPONSOR certifies that the appropriate person(s)
have executed the Amendment on behalf of the
SPONSOR as required by applicable articles, by-
laws, resolutions, or ordinances.
By
T1t10
Date
3. STATE AGENCY:
MINNESOTA POLLUTION
CONTROL AGENCY
I�
Title
Date
cwPtX.doo 3�os CWP Grant Agreement Amendment MPCA/Regional 2
�
�
CffY OF
FRIQLEY
T0:
: / li
AGENDA ITEM
COUNCIL MEETING OF MAY 23, 2005
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOL UTION PROVIDING FOR THE ISSUANCE OF THE
CITY'S �1, 835, 000 GENERAL OBLIGATION BONDS, SERIES 2005A
DATE: May 19, 2005
Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs &
Morgan. The resolution is for the sale of $1,835,000 in General Obligation Improvement Bonds. As
you will recall, these bonds are being issued to provide funds for the needed street improvements that
are part of the City's Street Reconstruction Program.
The debt service on these bonds are being provided by the revenue generated through the general
levy, as was discussed in a recent meeting with Council.
As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly
rigorous financial review process conducted by Moody's Investor Service who acts as our bond
rating agency. As of the writing of this memo we are awaiting the call from our representative from
Moody's as to how the rating committee viewed the City's financial stability. It is hoped that we will
once again be provided with a Aal rating, which is the highest rating a City of our size is capable of
attaining.
Since the bids are not due until Monday, May 23rd, the information from the bidders will not be
available until the evening of the Council Meeting. A representative from Ehlers will be present to
review the results of the bidding process and make a recommendation for the lowest underwriter or
syndicate.
RDP/me
Attachment
i�6si3a�i
Resolution No. 2005-_ Page 2
RESOLUTION NO. 2005-
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,835,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2005A, PLEDGING FOR THE
SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE
PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Fridley, Minnesota (the "City") has
heretofore determined and declared that it is necessary and expedient to issue $1,835,000
General Obligation Improvement Bonds, Series 2005A (the "Bonds" or individually, a"Bond"),
pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various improvement proj ects
within the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Manager, or designee, at the offices of Ehlers, at 11:00 AM. this same day pursuant
to the Terms of Proposal established for the Bonds; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The City Finance Director-Treasurer is directed to retain the deposit of the Purchaser and to
forthwith return to the unsuccessful bidders their good faith checks or drafts.
2. Bond Terms.
(a) Title; Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated
June 15, 2005, as the date of original issue and shall be issued forthwith on or after such date in
fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of
i�6si3a�i 2
Resolution No. 2005-
Page 3
$5,000 each or in any integral multiple thereof of a single maturity (the "Authorized
Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows:
Year Amount Year Amount
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be
issued having mandatory sinking fund redemption and final maturity amounts conforming to the
foregoing principal repayment schedule, and corresponding additions may be made to the
provisions of the applicable Bond(s).
(b) Book Entry Onl�. s�. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO, as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds
shown on the books and records of the Participant (the "Beneficial Owner").
Without limiting the immediately preceding sentence, neither the City, nor the
Bond Registrar, shall have any such responsibility or obligation with respect to
(A) the accuracy of the records of the Depository, the Nominee or any Participant
with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any
notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than
the Depository, of any amount with respect to the principal of or premium, if any,
or interest on the Bonds, or (D) the consent given or other action taken by the
i�6si3a�i
Resolution No. 2005-
Page 4
Depository as the Registered Holder of any Bonds (the "Holder"). For purposes
of securing the vote or consent of any Holder under this Resolution, the City may,
however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus
proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of
obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever.
The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of
the Bonds as shown on the bond register, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the
sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of
the existing Nominee, and subj ect to the transfer provisions in paragraph 10,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the
Bond Registrar or City, as the case may be, to the Depository as provided in the
Letter of Representations to the Depository required by the Depository as a
condition to its acting as book-entry Depository for the Bonds (said Letter of
Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
i�6si3a�i 4
Resolution No. 2005-
Page 5
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in
paragraph 5, make a notation of the reduction in principal amount on the panel
provided on the Bond stating the amount so redeemed.
(c) Termination of Book-Entry Onl�. s�. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may
terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
registered in the bond register in the name of the Nominee, but may be registered
in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph
10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
i�6si3a�i
Resolution No. 2005-_ Page 6
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2006,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturit.� Interest Rate Maturit.� Interest Rate
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
5. Redemption. All Bonds maturing on February 1, 2014, and thereafter, shall be
subj ect to redemption and prepayment at the option of the City on February 1, 2013, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and
maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
i�6si3a�i 6
Resolution No. 2005-
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
Page 7
6. Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
i�6si3a�i 7
Resolution No. 2005-
I�
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF FRIDLEY
$
GENERAL OBLIGATION 1MPROVEMENT BOND, SERIES 2005A
Page 8
Interest Rate Maturit.� Date of Ori�inal Issue CUSIP
February 1, June 15, 2005
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted
and for value received promises to pay to the registered owner specified above, or registered
assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal
amount specified above, on the maturity date specified above, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencing February 1, 2006, at the rate per annum specified above (calculated on the basis of
a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as
paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"),
acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on
this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in
whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of
the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date
(the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to the
person who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Bond Registrar whenever money becomes available for payment of the defaulted
interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days
prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond
are payable in lawful money of the United States of America. So long as this Bond is registered
in the name of the Depository or its Nominee as provided in the Resolution hereinafter described,
and as those terms are defined therein, payment of principal of, premium, if any, and interest on
this Bond and notice with respect thereto shall be made as provided in the Letter of
Representations, as defined in the Resolution, and surrender of this Bond shall not be required
for payment of the redemption price upon a partial redemption of this Bond. Until termination of
i�6si3a�i
Resolution No. 2005-
the book-entry only system pursuant to the Resolution, Bonds may only be registered in the
name of the Depository or its Nominee.
Page 9
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2014, and
thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1,
2013, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the
amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if
only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date
fixed for redemption.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obli a� tion. This Bond is one of an issue in the total principal
amount of $1,835,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the Issuer on May 23, 2005 (the
"Resolution"), for the purpose of providing money to finance various improvement proj ects
within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation
Improvement Bonds, Series 2005A Fund of the Issuer. This Bond constitutes a general
obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal,
premium, if any, and interest when the same become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
i�6si3a�i 9
Resolution No. 2005-_ Page 10
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subj ect to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of
the City to be done, to happen and to be performed, precedent to and in the issuance of this
Bond, have been done, have happened and have been performed, in regular and due form, time
and manner as required by law, and that this Bond, together with all other debts of the Issuer
outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional, statutory or Home Rule Charter limitation
of indebtedness.
i�6si3a�i 10
Resolution No. 2005-
Page 11
IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
Bond Trust Services Corporation
Roseville, Minnesota
Bond Registrar
I�
Authorized Signature
Registrable by: BOND TRUST SERVICES
CORPORATION
Payable at: BOND TRUST SERVICES
CORPORATION
CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
City Manager
i�6si3a�i 1 1
Resolution No. 2005-_ Page 12
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as j oint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
AS SIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does hereby
irrevocably constitute and appoint attorney to transfer the Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within
Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
i�6si3a�i 12
Resolution No. 2005-
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
SIGNATURE
DATE AMOUNT OF HOLDER
i�6si3a�i 13
Page 13
Resolution No. 2005-_ Page 14
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal
of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
City Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 15, 2005. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Re�istration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subj ect to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City
shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
i�6si3a�i 14
Resolution No. 2005-
Page 15
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be
promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subj ect to reasonable regulations of the City contained in any agreement
with the Bond Registrar, including regulations which permit the Bond Registrar to close its
transfer books between record dates and payment dates. The Finance Director-Treasurer is
hereby authorized to negotiate and execute the terms of said agreement.
11. Ri�hts Upon Transfer or Exchan�e. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Re�istered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subj ect to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14. Deliverv; A�lication of Proceeds. The Bonds when so prepared and executed
shall be delivered by the City Manager to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof.
i�6si3a�i 15
Resolution No. 2005-_ Page 16
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Improvement Bonds, Series 2005A Fund" (the "Fund") to be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The Fund shall be maintained
in the manner herein specified until all of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund the "Construction Account" and "Debt Service Account":
(a) Construction Account. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon and less any amount
paid for the Bonds in excess of the minimum bid and less capitalized interest in the amount of
$ (together with interest earnings thereon and subject to such other
adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or
before February 1, 2006), plus any special assessments levied with respect to the Improvements
and collected prior to completion of the Improvements and payment of the costs thereof. From
the Construction Account there shall be paid all costs and expenses of making the Improvements
listed in paragraph 16, including the cost of any construction contracts heretofore let and all other
costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65;
and the moneys in the account shall be used for no other purpose except as otherwise provided
by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay
interest on the Bonds due prior to the anticipated date of commencement of the receipt of the
collection of taxes or special assessments herein levied or covenanted to be levied; and provided
further that if upon completion of the Improvements there shall remain any unexpended balance
in the Construction Account, the balance (other than any special assessments) may be transferred
by the Council to the Debt Service Account or the fund of any other improvement instituted
pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments
credited to the Construction Account shall only be applied towards payment of the costs of the
Improvements upon adoption of a resolution by the City Council determining that the application
of the special assessments for such purpose will not cause the City to no longer be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all collections of special
assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Account and not already spent a permitted above and required to pay
any principal and interest due on the Bonds or collected subsequent to the completion of the
Improvements and payment of the costs thereof; (ii) all accrued interest received upon delivery
of the Bonds; (iii) any amount paid for the Bonds in excess of the minimum bid; (iv) capitalized
interest in the amount of $ (together with interest earnings thereon and subj ect to
such other adjustments as are appropriate to provide sufficient funds to pay interest due on the
Bonds on or before February 1, 2006; (v) any collection of all taxes herein or hereafter levied for
the payment of the Bonds and interest thereon; (vi) all funds remaining in the Construction
Account after completion of the Improvements and payment of the costs thereof; (vii) all
investment earnings on funds held in the Debt Service Account; and (viii) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The Debt Service Account shall be used solely to pay the principal
and interest and any premiums for redemption of the Bonds and any other general obligation
i�6si3a�i 16
Resolution No. 2005-_ Page 17
bonds of the City hereafter issued by the City and made payable from the account as provided by
law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher
yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bonds payable therefrom) in excess of amounts which under
then applicable federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent of the cost
to the City of each Improvement financed by Bond proceeds within the meaning of Minnesota
Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied
against every assessable lot, piece and parcel of land benefitted by any of the Improvements.
The City hereby covenants and agrees that it will let all construction contracts not heretofore let
within one year after ordering each Improvement financed hereunder unless the resolution
ordering the Improvement specifies a different time limit for the letting of construction contracts.
The City hereby further covenants and agrees that it will do and perform as soon as they may be
done all acts and things necessary for the final and valid levy of such special assessments, and in
the event that any special assessment 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 proceedings taken or to be
taken by the City or the City Council or any of the City officers or employees, either in the
making of the special assessment or in the performance of any condition precedent thereto, the
City and the City Council will forthwith do all further acts and take all further proceedings as
may be required by law to make the assessment a valid and binding lien upon such property. It is
hereby determined that the special assessment shall be payable in equal, consecutive, annual
installments, with general taxes for the years shown below and with interest on the declining
balance of all special assessments at a rate per annum not greater than the maximum permitted
by law and not less than the interest rate per annum shown opposite their collection years
specified below:
Improvement Desi�narions Amounts Lew Years Collection Years Rate
See attached tax levy and special assessment schedule(s)
At the time the special assessments are in fact levied the City Council shall, based on the then-
current estimated collections of the special assessments, make any adjustments in any ad valorem
i�6si3a�i 17
Resolution No. 2005-
Page 18
taxes required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Covera�e Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levv Year of Tax Collection Amount
See attached tax levy and special assessment schedule(s)
The tax levies are such that if collected in full they, together with estimated collections of
special assessments and other revenues herein pledged for the payment of the Bonds, will
produce at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levies shall be irrepealable so 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 e�tent permitted by Minnesota Statutes, Section 475.61,
Subdivision 3.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
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 Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued 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 Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subj ect to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
19. Compliance With Reimbursement Bond Re�ulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
i�6si3a�i 18
Resolution No. 2005-_ Page 19
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing (ii) gives a general and functional
description of the property, proj ect or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Proj ect, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Proj ect to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
20. General Obli�ation Pled�e. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Certificate of Re�istration. The City Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such
other information as the County Auditor shall require, and to obtain the County Auditor's
certificate that the Bonds have been entered in the County Auditor's Bond Register and that the
tax levy required by law has been made.
i�6si3a�i 19
Resolution No. 2005-
Page 20
22. Continuin� Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Finance Director-Treasurer of the City, or any other officer of the City
authorized to act in their place (the "Officers") are hereby authorized and directed to execute on
behalf of the City the Undertaking in substantially the form presented to the City Council subject
to such modifications thereof or additions thereto as are (i) consistent with the requirements
under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are 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.
24. Ne�ative Covenant as to Use of Bond Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
i�6si3a�i 20
Resolution No. 2005-_ Page 21
25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment
earnings to the United States if the Bonds (together with other obligations reasonably expected to
be issued and outstanding at one time in this calendar year) exceed the small issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements for
governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that:
(a) the Bonds are issued by a governmental unit with general taxing powers;
(b) no Bond is a private activity bond;
(c) ninety-five percent or more of the net proceeds of the Bonds are to be used for
local governmental activities of the City (or of a governmental unit the jurisdiction of which is
entirely within the jurisdiction of the City); and
(d) the aggregate face amount of all tax exempt bonds (other than private activity
bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one
issuer with the City) during the calendar year in which the Bonds are issued and outstanding at
one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section
148(�(4)(C) of the Code.
26. Desi�nation of Qualified Tax-Exempt Obli�ations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2005 will
not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2005 have been designated for purposes of Section 265(b)(3) of the Code.
i�6si3a�i 2 1
Resolution No. 2005-
Page 22
The City shall use its best efforts to comply with any federal procedural requirements which
may apply in order to effectuate the designation made by this paragraph.
27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by Ehlers.
28. Official Statement. The Official Statement relating to the Bonds prepared and
distributed by Ehlers is hereby approved and the officers of the City are authorized in connection
with the delivery of the Bonds to sign such certificates as may be necessary with respect to the
completeness and accuracy of the Official Statement.
29. Severabilitv. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headin�s. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF MAY 2005.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
i�6si3a�i 22
Resolution No. 2005-
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
Page 23
I, the undersigned, being the duly qualified and acting City Clerk of the City of Fridley,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract
of minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council of the City, duly called
and held on the date therein indicated, insofar as such minutes relate to considering proposals
and awarding the sale of $1,835,000 General Obligation Improvement Bonds, Series 2005A.
WITNESS my hand on May , 2005.
City Clerk
i�6si3a�i 23
Resolution No. 2005-
EXHIBIT A
Proposals
[to be supplied by Ehlers]
i�6si3a�i A-1
Page 1
Resolution No. 2005-
STATE OF MINNESOTA
COUNTY OF ANOKA
Page 2
COUNTY AUDITOR' S CERTIFICATE
AS TO TAX LEVY AND REGISTRATION
I, the undersigned, representative of the Office of Anoka County Property Records and
Taxation, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my
office a certified copy of a resolution adopted on May 23, 2005 by the City Council of the City of
Fridley, Minnesota, authorizing the issuance of $1,835,000 General Obligation Improvement
Bonds, Series 2005A (the "Bonds"), and levying a tax for the payment thereof, together with full
information regarding the Bonds for which the tax was levied; and the Bonds have been entered
in my Bond Register and the tax levy required by law has been made.
WIT`NESS my hand and the seal of the Office of Anoka County Property Records and
Taxation on , 2004.
Office of Anoka County Property
Records and Taxation
(SEAL)
i�6si3a�i A-2
�
�
CffY OF
FRIQLEY
i'�:
FROM.•
AGENDA ITEM
COUNCIL MEETING OF MAY 23, 2005
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT.• RESOLUTIONPROVIDING FOR THE ISSUANCE OF THE
CITY'S $4, 680, 000 GENERAL OBLIGATION TAX INCREMENT
REFUNDING BONDS, SERIES 2005B
DATE: May 19, 2005
Attached is the resolution provided to us by Mary Ippel from the firm of Briggs & Morgan. The
resolution is for the sale of $4,680,000 in General Obligation Tax Increment Refunding Bonds,
Series 2005B. As you will recall, these bonds are being issued to provide for a current refunding
of the General Obligation Tax Increment Series 1997A Bonds. By issuing this debt the City will
save approximately $100,000 over the life of the issue. A large part of the original debt issue
was used to provide funding for the acquisition of the 100 Twin property, which subsequently
was purchased by Medtronic for their World Headquarters.
As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly
rigorous financial review process conducted by Moody's Investor Service who acts as our bond
rating agency. As of the writing of this memo, we are awaiting the decision as to whether we
have again been assigned a Aal bond rating, which is the highest rating a City of our size is
capable of attaining. It seemed very evident during this review that Moody's was very
concerned about the General Fund performance over the past couple of years. They seemed to
feel that the balancing of the 2005 General Fund Budget should go a long way towards
overcoming the State of Minnesota's budget balancing on the backs of Minnesota cities by
removing our LGA. At this point, we feel confident that Moody's will reaffirm the Aal rating
for the City of Fridley.
Since the bids are not due until Monday, May 23rd, the information from the bidders will not be
available until the evening of the Council Meeting. A representative from Ehlers will be present
should there be any questions related to the process or the bid itself.
RDP/me
Attachment
i�6si4a�i
Resolution No. 2005-_ Page 2
RESOLUTION NO. 2005-
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$4,680,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES
2005B AND PLEDGING FOR THE SECURITY THEREOF TAX 1NCREMENTS
A. WHEREAS, the Housing and Redevelopment Authority of the City of Fridley,
Minnesota (the "Authority"), has heretofore created Redevelopment Project No. 1(the "Project
Area"), pursuant to the provisions of Minnesota Statutes, Sections 469.001 through 469.047, and
has approved a Redevelopment Plan (the "Redevelopment Plan") with respect to the Proj ect
Area; and
B. WHEREAS, the Authority has also heretofore created Tax Increment Financing
District No. 6 within the Proj ect Area (the "Tax Increment District") under the provisions of
Minnesota Statutes, Sections 469.174 through 469.1799 and has approved a tax increment
financing plan and amendments (the "Plan") with respect to the Tax Increment District; and
C. WHEREAS, tax increments derived from the Tax Increment District are referred
to herein as the "Tax Increments"; and
D. WHEREAS, the City has heretofore issued its General Obligation Tax Increment
Refunding Bonds, Series 1997A, dated June 1, 1997 (the "Prior Bonds"), pursuant to a resolution
of the City Council adopted on Apri128, 1997 (the "Prior Resolution"); and
E. WHEREAS, $4,625,000 in principal amount of the Prior Bonds which mature on
August 1, 2006, and thereafter are subj ect to redemption and prepayment at the option of the City
on August 1, 2005 and on any date thereafter at a price of par plus accrued interest, as provided
in Prior Resolution; and
F. WHEREAS, the City Council deems it desirable and in the best interests of the
City to call for redemption and prepayment all of the Prior Bonds which mature on August 1,
2006, and thereafter, on August 1, 2005 in accordance with the Prior Resolution in order to
reduce the debt service costs to the City; and
G. WHEREAS, the City Council hereby determines and declares that it is necessary
and expedient to issue $4,680,000 General Obligation Tax Increment Refunding Bonds, Series
2005B (the "Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapter 475, to
provide funds to pay on August 1, 2005, all of the Prior Bonds (the "Refunded Bonds"), which
then remain outstanding (the "Refunding"); and
H. WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
i�6si4a�i 2
Resolution No. 2005-_
Page 3
I. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Manager, or designee, at the offices of Ehlers, at 11:00 AM. this same day pursuant
to the Terms of Proposal established for the Bonds; and
J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley,
Minnesota, as follows:
1. Acceptance of Offer. The proposal of
(the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The City Finance Director-Treasurer is directed to retain the deposit of the Purchaser and to
forthwith return to the unsuccessful bidders any good faith checks and drafts.
2. Bond Terms.
(a) Title; Ori�inal Issue Date; Denominations; Maturities; Term Bond Option. The
Bonds shall be titled "General Obligation Tax Increment Refunding Bonds, Series 2005B", shall
be dated June 15, 2005, as the date of original issue and shall be issued forthwith on or after such
date in fully registered form. The Bonds shall be numbered from R-1 upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations") and shall mature on February 1 in the years and amounts as
follows:
Year Amount
2006
2007
2008
2009
All dates are inclusive.
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Onl�. s�. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
i�6si4a�i
Resolution No. 2005-_
Page 4
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry
form only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have
any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be
the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder and the Holders of the Bonds as shown on the bond register,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
i�6si4a�i 4
Resolution No. 2005-_
Page 5
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-
entry form shall be limited in principal amount to Authorized Denominations and shall be
effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
i�6si4a�i
Resolution No. 2005-_
Page 6
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Bonds (together with other available funds, if any, appropriated in
paragraph 15) shall provide funds to finance the Refunding. It is hereby found, determined and
declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in
a reduction of debt service cost to the City.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2006,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturit.� Interest Rate
2006 %
2007
2008
2009
5. No Redemption. The Bonds shall not be subject to redemption and prepayment
prior to their stated maturity dates.
6. Bond Re i� strar. Bond Trust Services Corporation, in Roseville, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
i�6si42�i 6
Resolution No. 2005-_
Page 7
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this
resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
i�6si4a�i 7
Resolution No. 2005-_ Page 8
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF FRIDLEY
R- $
GENERAL OBLIGATION TAX 1NCREMENT REFUNDING BOND, SERIES 2005B
Interest Rate Maturit.� Date of Ori�inal Issue CUSIP
February 1, June 15, 2005
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted
and for value received promises to pay to the registered owner specified above, or registered
assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity
date specified above, without option of prepayment, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February
1, 2006, at the rate per annum specified above (calculated on the basis of a 360-day year of
twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will
bear interest from the most recent Interest Payment Date to which interest has been paid or, if no
interest has been paid, from the date of original issue hereo£ The principal of and premium, if
any, on this Bond are payable upon presentation and surrender hereof at the principal office of
Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as
paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond
will be paid on each Interest Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who
is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the
Bond Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to
the Special Record Date. The principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America. So long as this Bond is registered in
the name of the Depository or its Nominee as provided in the Resolution hereinafter described,
and as those terms are defined therein, payment of principal of, premium, if any, and interest on
this Bond and notice with respect thereto shall be made as provided in the Letter of
Representations, as defined in the Resolution. Until termination of the book-entry only system
pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its
Nominee.
i�6si4a�i
Resolution No. 2005-_ Page 9
Issuance; Purpose; General Obli�ation. This Bond is one of an issue in the total principal
amount of $4,680,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate and denomination, issued pursuant to and in full conformity with the Home Rule
Charter of the City and Constitution and laws of the State of Minnesota and pursuant to a
resolution adopted by the City Council of the Issuer on May 23, 2005 (the "Resolution"), for the
purpose of providing money to redeem on August 1, 2005, all of the Issuer's outstanding General
Obligation Tax Increment Refunding Bonds, Series 1997A, dated June 1, 1997. This Bond is
payable out of the General Obligation Tax Increment Refunding Bonds, Series 2005B Fund of
the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for
the prompt and full payment of its principal, premium, if any, and interest when the same
become due, the full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subj ect to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota and the Home Rule Chapter of
i�6si4a�i 9
Resolution No. 2005-_
Page 10
the City to be done, to happen and to be performed, precedent to and in the issuance of this
Bond, have been done, have happened and have been performed, in regular and due form, time
and manner as required by law, and that this Bond, together with all other debts of the Issuer
outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional, statutory or Home Rule Charter limitation
of indebtedness.
IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration: Registrable by: BOND TRUST SERVICES
CORPORATION
Payable at: BOND TRUST SERVICES
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bonds is one of the
Bonds described in the
Resolution mentioned
within.
BOND TRUST SERVICES
CORPORATION
Roseville, Minnesota
Bond Registrar
:
Authorized Signature
CORPORATION
CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
City Manager
i�6si4a�i 1 0
Resolution No. 2005-_ Page 11
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as j oint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
AS SIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does
hereby irrevocably constitute and appoint attorney to transfer the Bond on
the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within
Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all j oint owners if the Bond is held by j oint account
i�6si4a�i 1 1
Resolution No. 2005-_ Page 12
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal
of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either such officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of such absent
or disabled officer. In case either such officer whose signature or facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and City Manager. Such temporary bonds shall, upon the printing of the definitive
bonds and the execution thereof, be exchanged therefor and cancelled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 15, 2005. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Re�istration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subj ect to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
i�6si4a�i 1 2
Resolution No. 2005-_
Page 13
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subj ect to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Finance Director-
Treasurer is hereby authorized to negotiate and execute the terms of said agreement.
11. Ri�hts Upon Transfer or Exchan�e. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Re�istered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subj ect to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
i�6si4a�i 13
Resolution No. 2005-_
Page 14
14. Delivery; A�plication of Proceeds. The Bonds when so prepared and executed
shall be delivered by the City Manager to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Tax Increment Refunding Bonds, Series 2005B Fund" (the "Fund") to be
administered and maintained by the Finance Director-Treausrer as a bookkeeping account
separate and apart from all other funds maintained in the official financial records of the City.
The Fund shall be maintained in the manner herein specified until all of the Bonds and the
interest thereon have been fully paid. There shall be maintained and created in the fund the
"Payment Account" and a"Debt Service Account":
(a) Payment Account. The proceeds of the Bonds, less any accrued interest, shall be
deposited in the Payment Account. On or prior to August 1, 2005, the Clerk shall transfer
$ of the proceeds of the Bonds from the Payment Account to the paying agent for
the Refunded Bonds, which sum is sufficient, together with other funds on deposit in debt
service account established for the Refunded Bonds, to pay the principal and interest due on the
Refunded Bonds on August 1, 2005, including the principal of the Refunded Bonds called for
redemption on that date. The remainder of the monies in the Payment Account shall be used to
pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after
payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the
Debt Service Account.
(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) Tax Increments in an amount which,
together with other revenues herein pledged to the payment thereof, are sufficient to pay the
principal and interest to become due on the Bonds; (ii) all collections of ad valorem taxes
hereafter levied; (iii) any balance remaining after August 1, 2005, in the Prior Bonds Debt
Service Account created by the Prior Resolution; (iv) all investment earnings on funds in the
Debt Service Account; (v) funds remaining in the Payment Account after all costs of issuing the
Bonds have been paid; and (vi) any and all other moneys which are properly available and are
appropriated by the governing body of the Issuer to the Debt Service Account. The Debt Service
Account shall be used solely to pay the principal and interest and any premiums for redemption
of the Bonds and any other general obligation bonds of the City hereafter issued by the City and
made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (a) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (b) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any
other City account which will be used to pay principal or interest to become due on the Bonds) in
excess of amounts which under then applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments after taking into account
any applicable "temporary periods" or "minor portion" made available under the federal arbitrage
i�6si4a�i 1 4
Resolution No. 2005-_
Page 15
regulations. Money in the Fund shall not be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
the extent that such investment would cause the Bonds to be "federally guaranteed" within the
meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
16. Covenants Relatin� to the Bonds.
(a) Tax Increments. The City hereby pledges and appropriates the Tax Increments to
the Debt Service Account, which pledge and appropriation shall continue until the Bonds and
any additional bonds payable from the Debt Service Account are paid or discharged.
(b) Covera�e Test. The Tax Increments are such that if collected in full they,
together with estimated collections of other revenues herein pledged for the payment of the
Bonds, will produce at least five percent in excess of the amount needed to meet when due the
principal and interest payments on the Bonds, consequently no taxes are levied at the present
time.
(c) Future Tax Levies. On or before October 10 of each year, the Finance Director-
Treasurer shall certify to the County Auditor of Anoka County the amount of Tax Increments
and any other funds appropriated to and then held in the Debt Service Account and the estimated
collections of Tax Increments to be received in the next succeeding year. In the event that it is
anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest
on the Bonds to become due in the first calendar year thereafter and the first six months of the
succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor
of Anoka County to levy an ad valorem tax in an amount as is necessary, together with the
aforementioned funds then held in the Debt Service Account and said estimated collections of
Tax Increments to pay the principal and interest on the Bonds to become due during said period.
(d) Reservation of Ri�hts. Notwithstanding any provisions herein to the contrary, the
City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments
herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner
permitted by law.
17. Pled�e A�reement. The Mayor and City Manager are hereby authorized to
execute the Tax Increment Pledge Agreement in substantially the form presented to the City
Council, which Tax Increment Pledge Agreement pledges Tax Increments derived from the Tax
Increment District to the payment of the Bonds.
18. Concurrin� Resolution of the Authority. The Authority will adopt a resolution
authorizing execution of the Pledge Agreement. The City shall take such action as it determines
is necessary to assure that the covenants of the Authority in the Pledge Agreement are fully and
promptly performed; provided that in the exercise of any rights with respect thereto, the City
shall be subj ect to the same standards and to the same rights applicable to the Authority under
the covenants as if the City were the Authority.
19. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
i�6si4a�i 1 5
Resolution No. 2005-_ Page 16
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
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 Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. 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 suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity.
20. General Obli�ation Pled�e. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and
prepaid in accordance with the terms and conditions set forth in the Notice of Call for
Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and
incorporated herein by reference.
22. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions
theretofore made for the security thereof shall be observed by the City and all of its officers and
agents.
23. Certificate of Re�istration. The City Clerk is hereby directed to file a certified
copy of this resolution with the Director of Anoka County Property Records and Taxation's
Office, together with such other information as the Director shall require, and to obtain the
Director of Anoka County Property Records and Taxation's certificate that the Bonds have been
entered in the Director of Anoka County Property Records and Taxation's Bond Register.
24. Continuin� Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
i�6si4a�i 1 6
Resolution No. 2005-_ Page 17
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Finance Director-Treasurer of the City, or any other officer of the City
authorized to act in their place (the "Officers") are hereby authorized and directed to execute on
behalf of the City the Undertaking in substantially the form presented to the City Council subject
to such modifications thereof or additions thereto as are (i) consistent with the requirements
under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
25. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are 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.
26. Ne�ative Covenant as to Use of Bond Proceeds and Project. The City hereby
covenants not to use the proceeds of the Bonds or to use the Proj ect, or to cause or permit them
to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such
a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 of the Code.
27. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(a) requirements relating to temporary periods for investments, (b) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment
earnings to the United States. The City expects to satisfy the six month expenditure exemption
from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The
Mayor and City Manager, are hereby authorized and directed to make such elections as to
arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or
desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and
treated as, elections of the City.
i�6si4a�i 17
Resolution No. 2005-_
Page 18
28. Desi�nation of Qualified Tax-Exempt Obli�ations. In order to qualify the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2005 will
not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2005 have been designated for purposes of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which
may apply in order to effectuate the designation made by this paragraph.
29. Severabilitv. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headin�s. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF MAY 2005.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
i�6si4a�i 1 8
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
I, the undersigned, being the duly qualified and acting City Clerk of the City of Fridley,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract
of minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council duly called and held on
the date therein indicated, insofar as such minutes relate to authorizing the issuance and
awarding the sale of $ General Obligation Tax Increment Refunding Bonds,
Series 2005B.
WITNESS my hand on May , 2005.
City Clerk
i�6si42�i
EXHIBIT A
Proposals
[to be supplied by Ehlers]
i�6si42�i
Resolution No. 2005-_ Page 1
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION TAX 1NCREMENT REFUNDING BONDS, SERIES 1997A
CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Fridley, Anoka
County, Minnesota, there have been called for redemption and prepayment on
August 1, 2005
those outstanding bonds of the City designated as General Obligation Tax Increment Refunding
Bonds, Series 1997A, dated June 1, 1997 having stated maturity dates in the following years,
totaling $4,625,000 in principal amount and having CUSII' numbers listed below:
Year CUSIP Number*
2006
2007
2008
2009
The bonds are being called at a price of par plus accrued interest to August 1, 2005, on which
date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at U.S. Bank National Association
(formerly known as First Trust National Association), St. Paul, Minnesota, on or before August
1, 2005.
Dated: May 23, 2005 BY ORDER OF THE CITY COLJNCIL
/s/ Debra Sko�en, Cit Clerk
* The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
i�6si4a�i A-1
Resolution No. 2005-_
STATE OF MINNESOTA
COUNTY OF ANOKA
Page 2
COUNTY AUDITOR' S CERTIFICATE
AS TO REGISTRATION AND FILING OF
A TAX 1NCREMENT PLEDGE AGREEMENT
I, the undersigned, representative of the Office of Anoka County Property Records and
Taxation, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my
office a certified copy of a resolution adopted on May 23, 2005 by the City Council of the City of
Fridley, Minnesota, authorizing the issuance of $4,680,000 General Obligation Tax Increment
Refunding Bonds, Series 2005A (the "Bonds"), together with full information regarding the
Bonds and the Bonds have been entered in my Bond Register; and that the Tax Increment Pledge
Agreement, dated , 2005, between said City and the Housing and Redevelopment
Authority of the City of Fridley, Minnesota, has been filed in my office.
WIT`NESS my hand and the seal of the Office of Anoka County Property Records and
Taxation on
(SEAL)
2004.
Office of Anoka County Property
Records and Taxation
i�6si4a�i A-2
�
�
CffY OF
FRIDLEI'
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
MAY 23, 2005
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
May 12, 2005
Spring Lake Park Lions Club Charitable Gambling Premise
Permit Renewal — Sandees, 6490 Central Avenue NE
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The
Spring Lake Park Lions Club is currently conducting charitable gambling at Sandees Restaurant,
6490 Central Avenue NE. Their Charitable Gambling Premise Permit expires on July 31, 2005.
The renewal application requires a resolution from the City Council approving the renewal. If
approved, the premise permit would become effective August 1, 2005 and expire July 31, 2007.
Please find a resolution for the renewal premise permit. Staff recommends approval of the
premise permit renewal by adoption of the attached resolution.
RESOLUTION NO. 2005-
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL
GAMBLING PREMISE PERMIT FOR SPRING LAKE PARK LIONS CLUB (SANDEES)
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit for the Spring Lake Park Lions Club; and
WHEREAS, the location of the Premise Permit is for Sandees Restaurant, 6490 Central Avenue
Northeast and will be effective from August 1, 2005 to July 31, 2007; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Lions Club for
Sandees located at 6490 Central Avenue Northeast.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2005
Date: May 20, 2005
To
From
Subj ect:
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director
LAWRENCE CHUBB SETTLEMENT
Please note the attached resolution which requires Council action to comply with the
Stipulation for Settlement prepared by Attorney Michael Koshmrl of Heacox, Hartman,
Koshmrl, Cosgriff & Johnson, who has been representing the City of Fridley in a workers'
compensation claim involving former employee Lawrence Chubb.
On April 28, 2005, our legal counsel, Attorney Michael Koshmrl, and Human Resources
Director, Deborah Dahl, met with the City Council to discuss this matter and authorized a
settlement agreement to be reached. The Stipulation for Settlement has been agreed upon,
signed and was submitted to the Office of Administrative Hearings on May 13, 2005. The
Award on Stipulation will be as follows:
1) A lump sum payment in the amount of $43,800 will be awarded to Mr. Chubb, which
will be full and final payment for any claims related to workers' compensation
benefits arising out of his 1985 injury, with the exception of future reasonable and
necessary medical treatment which will remain an open liability.
2) A lump sum payment in the amount of $11,200 will be awarded to Attorney William
Moore, for attorney's fees and any taxable costs and disbursements not yet itemized,
which will be paid upon receipt of proof of payment.
Once the Award on Stipulation has been issued, the City has just 14 days to issue payment,
and therefore, staff requests Council's approval of this resolution to comply with the judge's
award. Thank you.
dkd
Attachment
RESOLUTION NO. 2005-
RESOLUTION ACCEPTING STIPULATION FOR OUT OF
COURT SETTLEMENT WITH LAWRENCE A. CHUBB
WHEREAS, certain litigation was brought against the City of Fridley by Lawrence A. Chubb
due to a work related injury dated October 8, 1985; and
WHEREAS, on or about the date of injury, the City of Fridley was insured for its Minnesota
workers' compensation liability by Home Insurance Company, which has since filed bankruptcy
and is in liquidation, therefore requiring the City of Fridley to be self-insured for its Minnesota
workers' compensation liability; and
WHEREAS, Mr. Chubb and the City of Fridley desire to compromise and settle their differences
and waive their rights to a formal hearing; and
WHEREAS, the City's failure to approve this settlement would expose the City to further
financial risks exceeding the costs to the City of this settlement; and
WHEREAS, the City Council authorized the City's legal counsel to enter into a settlement on
April 28, 2005, and the City's legal counsel has strongly recommended the settlement is fair and
reasonable, and that it would be most prudent for the City to approve this settlement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota, that the City of Fridley accept the Stipulation of Settlement dated May 13,
2005, in the sum of $55,000, in full, final and complete settlement of any and all workers'
compensation claims, past, present or future, direct or consequential, arising out of the
employee's work-related injury of October 8, 1985, with the exception of future medical
expenses which are deemed reasonable and necessary as stipulated in the Settlement Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF MAY 2005.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
� AGENDA ITEM
� COUNCIL MEETING OF MAY 23, 2005
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FRIDLEY
CLAIMS
121591 - 121736
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CJTi' OF
FRIDLEi`
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2005
LICENSES
LIGENSE RENEWALS
Tvpe of License �
FOOD ESTABLISHMENT
Cozy Cafe Mosad Aly
6215 University Av
Fridley, MN 55432
Wong's Gourmet
1254 E Moore Lake Dr
Fridley, MN 55432
Mojo's Pizza
6522 University Av
Fridley, MN 55432
Quizno's Subs
7610 University Av NE
Fridley, MN 55432
Chanticlear Pizza
1262 E Moore Lake Dr.
Fridley, MN 55432
Bon Appetit
Medtronic
710 Medtronic Parkway NE
Fridley, MN 55432
Taste of Thailand
7890 University Av NE
Fridley, MN 55432
TOBACCO SALES
A & A Tobacco
6548 University Av NE
Fridley, MN 55432
Tian Chen
John Bergman
Hiep Pho
Keith Mueller
Cathy Hoac
Lamphrey Phetphrachouh
Asad Khalil
Approved Bv
Public Safety Director
Community Development Director
Fire Inspector
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REFUSE HAULERS
Waste Management of MN Ervin Hofstedt Public Safety Director
10050 Naples St NE Community Development Dir.
Blaine, MN 55449
LICENSES (CONTINUED)
LIGENSE RENEWALS
Tvpe of License �
MOTOR VEHICLE REPAIR
Beech Street Collision Sayed Asad
7869 Beech St N E
Fridley, MN 55432
TREE REMOVAL
Central Minnesota Tree Svc James Savre
144 Satellite Ln.
Fridley, MN 55432
NEW LIGENSES
TEMPORARY INTOXICATING LIQUOR
Totino Grace High School Brother Milton Barker
1350 Gardena Av. NE
Fridley, MN 55432
FOOD ESTABLISHMENT
Wholesale Dollar Inc.
6540 E River Rd. NE
Fridley, MN 55432
TREE REMOVAL
Premier Tree Service
8588 260th Av N E
Pierz, MN 56364
Top Notch Tree Care
11520 Hemlock Lane
Dayton, MN 55369
`49er DAYS
LAWFUL GAMBLING
Tamarisk Resources, Inc.
1282 Mississippi St. NE
Fridley, MN 55432
STREET VENDING
Matt Milner Sales
1298 52nd AV NE
Fridley, MN 55432
Nasir AI-Ali
Dennis Herold
David Nordgaard
Mary Miurhead
Gerald Johnson
Approved Bv
Public Safety Director
Community Development Dir.
Fire Inspector
Public Works Director
Public Safety Director
Public Safety Director
Community Development Dir.
Fire Inspector
Public Works Director
Public Works Director
Public Safety Director
Public Safety Director
Parks Director
3.2% MALT LIQUOR
Lions Club of Fridley John Flora Public Safety Director
PO Box 32815
Fridley, MN 55432
� AGENDA ITEM
� CITY COUNCIL MEETING OF
�" �F May 23, 2005
FRIDLEY
Contractor T e A licant A roved B
Above All Contractor-Commercial Jerry Enos Ron Julkowski, CBO
Anderson Heating & Air Cond Heating Patty Nelson Ron Julkowski, CBO
CMR Electric Electrical Ron Jones State of MN
Com lete Electric LLC Electrical Ga Krautbauer State of MN
Custom Plumbing Plumbing Craig Martinson State of MN
DA Distribution dba Condor Mechanical Glenda Starkweather Ron Julkowski, CBO
Fireplace & Stone
Daves Heatin and Air Gas Dave Roberts Ron Julkowski, CBO
DJ's NW Electric Electrical David Anderson State of MN
Drake Mechanical Plumbing Brian Johnson State of MN
Drake Russell Construction Contractor-Commercial Russ Drake State of MN
DuAll Services Inc Contractor-Residential Ga Dooner State of MN
Electro Neon & Desi n Inc Si n Erector Michael Ziertman Ron Julkowski, CBO
Elk River Refrigeration Htg A/C Heating Matt Sullivan Ron Julkowski, CBO
Flannery Construction Contractor-Commercial Ken Hinz Ron Julkowski, CBO
Gateway Mechanical Inc Plumbing Gene Beijeic State of MN
GB Technolo ies Electrical David L Jor ensen State of MN
Genesis Heatin and Air Gas/Heatin Mike Lutz Ron Julkowski, CBO
Golden Valley Heating & Air Gas/Heating Scott Follese Ron Julkowski, CBO
Gopher Electric Contractors Inc Electrical Cheryl Doran State of MN
Graphic House Inc Sign Erector Christine Bruski Ron Julkowski, CBO
Handles Sidne Contractor-Residential Sid Handlos State of MN
Hedtke Todd Sidin S ecialists Contractor-Residential Todd Hedtke State of MN
Hawton Construction Inc Contractor-Residential Michael Hawton State of MN
Hoffman Refrigeration & Heating Heating Harvey Halverson Ron Julkowski, CBO
Image Builders Roofing Bruce Napier State of MN
JD Services Contractor-Residential Jacob Sells State of MN
Je 's Plumbin , Inc Plumbin Theodore Hurkman State of MN
Kato Roofing Inc Roofing Mark Ballman Ron Julkowski, CBO
K Designers Contractor-Residential Brad Houck State of MN
Kraus-Anderson Contractor-Commercial Jerold Dreis Ron Julkowski, CBO
Lance Co in Saw Plumbin Lawrence Co in State of MN
Lawrence Sign Sign Erector Robert Walker Ron Julkowski, CBO
Levin Construction Contractor-Residential Joel Levin State of MN
Lighthouse Electric Electrical Roy Fingerholz State of MN
Local Roofm Co Inc Roofm Jeff Mattice Ron Julkowski, CBO
Maertens Brenn Construction Contractor-Commercial Pat Zehowski Ron Julkowski, CBO
Maintenance Free MN Inc Contractor-Residential Dan Engebretson State of MN
Macallan Construction Inc Contractor-Residential Adam Moore State of MN
Maki Exteriors Inc Contractor-Residential Michael Maki State of MN
Martens Electric Electrical Aric Martens State of MN
Master Electric Co Inc Electrical Jeff Loffs aarden State of MN
Master Gas Fitters Gas Dan Perzichilli Ron Julkowski, CBO
Contractor TVpe Applicant Approved By
Meyers&Jackson Roofing Co Inc Roofing Ken Meyers Ron Julkowski, CBO
MJ Construction Contractor-Residential Moritz Wald State of MN
Nadeau Excavatin Inc Plumbin Mike Nadeau State of MN
Northwest Exteriors Inc Contractor-Residential Scott DuPre State of MN
Oakland Plumbing Plumbing David Hechsec State of MN
Pence Electrical Contracting Inc Electrical Scott Pence State of MN
Pierce Refri eration Gas/Heatin John Becker Ron Julkowski, CBO
Princeton Electric Inc Electrical Richard Palmer State of MN
Professional Touch Painting Contractor-Residential Ronald Picotte State of MN
PRS Mechanical Inc Plumbing Reg Crawford State of MN
Rasmussen Construction Contractor-Residential Gary Rasmussen State of MN
Ra co Construction Inc Contractor-Residential Stac Me ers State of MN
RNR Home Improvement LLC Contractor-Residential Regina Ramos State of MN
Roof Design Partners Roofing Steve Lutz State of MN
Rouse Mechanical Gas/Heating Ben Skoglund Ron Julkowski, CBO
Royalton Heating and Cooling Heating Tom Stewart Ron Julkowski, CBO
R an Com anies US Inc Contractor-Commercial Ma Wawro Ron Julkowski, CBO
Schulties Plumbing Inc Plumbing Doug Jones State of MN
Scott Panning Construction Contractor-Residential Scott Panning State of MN
Sela Roofin & Remodelin Contractor-Residential Gu Farmer State of MN
Skilcraft Industries Inc Contractor-Residential Don Ballin er State of MN
Spectrum Sign Systems Inc Sign Erector Richard Ferraro Ron Julkowski, CBO
Standard Heating and Air Heating David Melnick Ron Julkowski, CBO
Superior MHS Contractor-Residential Jack Narow State of MN
Thermex Co oration Gas/Heatin Curt Brekke Ron Julkowski, CBO
To Gun Exteriors Inc Contractor-Residential B an Shiltz State of MN
United Properties LLC Contractor-Commercial Bruce Palmer Ron Julkowski, CBO
USVICO INC Contractor-Residential Blake Bjorlin State of MN
Valle -Rich Co Plumbin Tom Denison State of MN
Versant Plumbin Plumbin Mike Walber State of MN
Windo 2 Contractor-Residential Brad Allender State of MN
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CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 23, 2005
Date: May 20, 2005
To
From
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
ZOA # OS-01 & CP #OS-01 — 7110-90 University Ave. NE
Background
Jerome O'Brian Slawik of Har Mar Inc., owner of the property located at 7110-90 University
Avenue NE, has requested to rezone their property from M-1, Light Industrial, to C-2, General
Business. One of the properties located in this multi-tenant building is the Billiard Street Cafe. This
business is interested in applying for a liquor license, but can only do so if the property is rezoned
to C-2. Most of the other uses in this multi-tenant building would also best fit in the C-2, General
Business zoning category.
Since the City's Comprehensive Plan designates this property as Industrial, the petitioner has been
required to also apply for a Comprehensive Plan Amendment. Staff finds no foreseen impacts to
Metropolitan systems by the zoning change as the use on the property is not expected to
significantly change from current lease arrangements.
The Fridley City Council held a public hearing regarding the Comprehensive Plan Amendment on
May 9, 2005. No action was taken at the meeting, as the Council was waiting to consider this item
along with the first reading of the ordinance related to the rezoning of the 7110-90 University
Avenue property.
The Planning Commission approved both the rezoning and Comprehensive Plan Amendment
requests at their Apri120, 2005 meeting. Staff concurs with the recommendations of the Planning
Commission.
Recommendation
Staff recommends City Council approval of the attached resolution authorizing a minor
Comprehensive Plan Amendment request to the Metropolitan Council.
M-OS-37
RESOLUTION NO. -2005
RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, CP #OS-Ol,
BY HAR-MAR INCORPORATED, FOR PROPERTY LOCATED ON LOTS 4-6, BLOCK 1,
PACO INDUSTIAL PARK, EXCEPT THE NORTH 35 FEET OF LOT 4, GENERALLY
LOCATED AT 7110-90 UNIVERSITY AVENUE NE, FRIDLEY
WHEREAS, the Planning Commission held a public hearing on the minor Comprehensive Plan
Amendment , CP #OS-01, on Apri120, 2005 and recommended approval; and
WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment as
proposed at their May 9, 2005 City Council meeting; and
WHEREAS, the Metropolitan Land Planning Act (MN Statutes 473.851 - 473.872) requires that local
government units prepare and submit minor amendments to the land use plans to the Metropolitan
Council; and
WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area
is small or where the proposed future land use will result in minor changes in metropolitan service
demand; changes in the urban service area involving less than 40 acres; change to plan goals and policies
that do not change the overall thrust of the Comprehensive Plan; and
WHEREAS, the City has determined this Comprehensive Plan change and associated rezoning of a
single multi-tenant property to G2, General Business/Commercial to be a minor amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby
approves the Comprehensive Plan Amendment, CP #OS-01.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY
OF MAY, 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA SKOGEN - CITY CLERK
�
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CffY OF
FRIaLEI'
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING MAY 23, 2005
May 19, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: First Reading of Ordinance Amendment — Pertaining to Rezoning, ZOA #05-
01, 7110 — 90 University Avenue NE
M-05-29
INTRODUCTION
Jerome O'Brian Slawick, Har Mar Inc. and owner of the property located at 7110-90
University Avenue NE, has requested a rezoning of his property from M-1, Light Industrial,
to C-2, General Business.
State law requires that Council's mechanism for a rezoning approval is by approval of a
rezoning ordinance. This ordinance authorizes a change in both the zoning map and the
associated text.
The Planning Commission held its public hearing on this item at its April 20, 2005,
meeting. The Commission unanimously recommended approval. City Council held its
public hearing for this item at their May 9, 2005, meeting.
PLANNING STAFF RECOMMENDATION
Staff recommends Council hold the first reading of the proposed zoning text amendment
and further, staff recommends approval of the attached ordinance approving rezoning
request ZOA #05-01, to allow a change in zoning from M-1, Light Industrial to C-2, General
Business.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1
SECTION 2.
SECTION 3
Appendix D of the Fridley City Code is amended hereinafter as
indicated.
The tract or area within the County of Anoka and the City of Fridley and
described as.
Lots 4 through 6, including Block 1, Paco Industrial Park, exceptnorth
35 feet of said Lot 4, subject to easement of record.
Is hereby designated to be in the Zoned District C-2 (General Business)
That the Zoning Administrator is directed to change the official zoning
map to show said tract or area to be rezoned from Zoned District M-1
(Light Industrial) to C-2 (General Business).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
OF , 2005.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing. May 9, 2005
First Reading: May 23, 2005
Second Reading:
Publication:
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� AGENDA ITEM
��F CITY COUNCIL MEETING OF MAY 23, 2005
FRIDLEY
INFORMAL STATUS REPORTS