HomeMy WebLinkAboutApril 12, 1999OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 12, 1999
1. CALL TO ORDER/ROLL CALL
Mayor Peterson called the meeting to order at 7:00 p.m. Present were Mayor Peterson and
Councilmembers Szurek, Jolly, Wyckoff and Hunter.
Mayor Peterson introduced and welcomed the newly-appointed Councilmember, John Hunter.
The Mayor extended sympathies on behalf of the Council to Walt Fehst, the City Manager, on the
passing of his father. Sympathies were also extended to Bruce Nawrocki, a former
Councilmember and Mayor, on the passing of his mother.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the
agenda. These may be items brought to the attention of the Council under the Citizen Forum or
items submitted after the agenda preparation deadline.)
The City Manager requested the location for the Goal Setting Retreat be added to item 4-A-13.
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
next order of business.)
A. Motion by Jolly, second by Szurek to approve the following items on the Consent Agenda:
1) Minutes for Approval
The Council approved the minutes of the the following meetings: March 22, 1999 Regular
Council Meeting, March 25, 1999 Joint Meeting of the City Council and the Charter
Commission, March 29, 1999 Public Improvement Hearing and the April 5, 1999 Board
of Review.
2) Upgrade of Liquor Store Cash Register Software
The Council authorized the Mayor and City Manager to enter into an agreement with
Retail Data Systems for the upgrading of the cash register systems in the liquor stores to
make them year 2000 compliant at a cost not to exceed $10,012, with funding coming
from the municipal liquor fund.
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APRIL 12, 1999
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3) Transfer of Funds to Repay O.T. Fund
The Council authorized the transfer of $2,508, the total amount received from Norwest
Bank for off duty security worked, from the General Fund to the Police Department 1999
Budget under line 1020, police overtime.
4) Transfer of Funds to Repay O.T. Fund
The Council authorized the transfer of $5,016, the total amount received from Norwest
Bank for off duty security worked, from the General Fund to the Police Department 1999
Budget under line 1020, police overtime.
5) Seek Authorization to Purchase 618 T-Shirts and 384 Baseball Caps From Taho
Sportswear/Saturn Screenprinting
The Council authorized staff to purchase t-shirts and baseball caps from Taho
Sportswear/Saturn Screenprinting.
6) Resolution No. 99-43 Regarding the Labor Agreement Between the City and the
Teamsters - Police Officers
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-43
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS
AND TEAMSTERS, LOCAL 320, POLICE OFFICERS
WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing
Police Officers of the City, and members of the City negotiating team, and said
negotiations have resulted in a mutually acceptable contract for calendar years 1999 and
2000:
WHEREAS, a copy of said contract is available for inspection at the Office of the City
Manager and is made a part hereof by reference;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager be
authorized to execute this agreement.
Passed this 12th day of April, 1999.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
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APRIL 12, 1999
PAGE 3
7) Resolution No. 99-44 Regarding the Labor Agreement Between the City and the
Teamsters- Sergeants
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-44
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS
AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS
WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing
Police Sergeants of the City, and members of the City negotiating team, and said
negotiations have resulted in a mutually acceptable contract for calendar years 1999 and
2000;
WHEREAS, a copy of said contract is available for inspection at the Office of the Cit
Manager and is made a part hereof by reference;
NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be
and is hereby established as the salary and fringe benefit program for calendar years 1999
and 2000 for Teamsters, Local 320-Police Sergeants, bargaining unit employees of the
City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to
execute this agreement.
Passed this 12th day of April, 1999.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
8) Resolution No. 99-45 Regarding Labor Agreement Between the City and IUOE
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 4
RESOLUTION NO. 99-45
REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA
HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 49
WHEREAS, negotiations have proceeded between the International Union of Operating
Engineers (IUOE), Local No. 49, representing employees of the Public Works
Department and members of the City negotiating team, and said negotiations have resulted
in a mutually acceptable contract for calendar years 1999 and 2000.
WHEREAS, a copy of said contract is available at the Office of the City Manager and is
made a part hereof by reference;
NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be
and is hereby established as the salary and fringe benefit program for calendar years 1999
and 2000 for IUOE bargaining unit employees of the City; amd
BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to
execute this agreement.
Passed this 12th day of April, 1999.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
9) Conditional Use Permit - 2261 37th Avenue Northeast
The Council approved the conditional use permit to allow the operation of a temporary
green house and flowering plant sales tent at 2261 37th Avenue Northeast, subject to the
following conditions:
1) A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of
the structures on the site.
2) The tent cannot be placed on the site until April 13, 199 and shall be removed by July
31, 1999.
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APRIL 12, 1999
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10) Variance Request - 4721 Fifth Street Northeast
The Council approved the variance of two feet at 4721 Fifth Street because of tree
location and topography on the property create a hardship, subject to the following
conditions:
1) an application for a building permit shall be submitted within three days of City
Council action;
2) a fire wall shall be constructed that is in compliance with the State Building
Code
3) double fees for the building permit will be paid; and
4) all applicable Building Code requirements will be met and in full compliance.
11) Conditional Use Permit - 4220 Central Avenue Northeast
The Council approved the conditional use permit to allow retail sales on the property at
4220 Central Avenue Northeast, #207, subject to the following conditions:
1) all required state and local codes, permits, licenses and inspections will be met
and in full compliance
2) all proposed signage must be submitted on the City prescribed application form
and must fully comply with the Zoning Ordinance
12) Authorize Payment of Project Safety Net Fee
The Council approved the payment to the City of Fridley for Project Safety Net the
amount of $6,000 to cover the City's share of costs for this program, with funding to
come from the 1999 Minnesota Department of Economic Security, Juvenile
Accountability Block Grant Fund #278-42-101.
13) Scheduling Annual Goal Planning Retreat
The Council scheduled the Annual Goal Setting Retreat for the City Council, division
heads and department heads for Monday, May 3, 1999 at 6:00 p.m. at the Senior Center in
Murzyn Hall.
14) Request Authorization for Fireworks Display and to Seek Bids for the 1999 Jamboree
Fireworks
The Council authorized fireworks on Saturday, June 26, 1999 in conjunction with the
Jamboree activities and authorized the seeking bids for a $6,000 fireworks display with
$2,000 appropriated from Fund 101-45040-4378.
15) Award of 1999-2000 Tree Planting Program
The Council awarded the 1999-2000 tree planting contract to Greenworks, Inc. of
Loretto, Minnesota, the lowest, qualified, responsible bidder for the unit prices submitted
in their proposal dated March 25, 1999, up to an amount of $27,750.00 and authorized
the Mayor and City Manager to enter into an agreement for the same.
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APRIL 12, 1999
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16) Resolution No. 99-47 Being a Resolution Ordering the Preparation of Reports and
Setting a Hearing Date for a Petitioned Alley Improvement
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 99-47
BE1NG A RESOLUTION DECLARING THE ADEQUACY OF A PETITION AND
ORDERING PREPARATION OF REPORT ON ALLEY IMPROVEMENTS WITH
COMPLETE CONSTRUCTION
WHEREAS, a petition signed by 9 of 10 abutting property owners, was received to make
improvement to the south half of the alley from 52nd to 53rd from 4th to 5th, under the 1999
Alley Improvement Program, and
WHEREAS, the City Council intends to assess the benefitted property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA, that the proposed improvement be referred to Mr. Kevin
Hansen, City Engineer, for study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether the proposed
improvement is necessary, cost effective, and feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the estimated cost
of the improvement as recommended.
AND BE IT FURTHER RESOLVED that the petition received represents greater than
fifty percent of the property having frontage along the alley and therefore the petition is
declared adequate.
AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such
proposed improvements on the 26th day of April, 1999 in the Council Chambers located at
590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published
notice of such hearing and improvements as required by law.
Dated this 12th day of April, 1999.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 7
17) Award of 1999 Street and Parking Lane Striping Project
The Council awarded the 1999 Street and Parking Lane Striping project to Precision
Pavement Marketing, Inc. of Rogers, Minnesota, based upon their low, qualified,
responsible bid in the amount of $6,074.60 with $5,244.18 to be appropriated from Fund
212-43190-4000 and $830.42 to be appropriated from Fund 101-43170-4000 and the
Council also authorized the Mayor and City Manager to enter into a contract for the same.
18) Authorization to Purchase Fire Chief Vehicle
This item was removed from the Consent Agenda at the request of a resident.
19) Attendance of the Finance Director at the Annual GFOA Conference
The Council authorized the attendance of William Elrite, Finance Director, at the Annual
Government Finance Officers' Association Conference from May 23-26, 1999 and
authorized that all related expenses be reimbursed from Fund 101-41510.
20) Establish Hearing Date for License Revocation - Rental Property
The Council established a hearing date of April 26, 1999 for revocation or suspension of a
license to operate a rental property within the City of Columbia Heights against
Mohammed Khan at 981 43 lA Avenue Northeast.
21) First Reading of Ordinance No. 1389 being an Ordinance Amending City Charter
Regarding Mayor/Council Salaries
The reading of the ordinance was waived there being ample copies available for the public.
ORDINANCE NO. 1388
BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 13
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO MAYOR/COUNCIL SALARIES
The City of Columbia Heights does ordain:
Section 1:
Chapter 2, Section 13, of the Charter of the City of Columbia Heights
which currently reads as follows, to wit:
The mayor shall receive a salary of Twenty-five Dollars ($25.00) per month, and
the council members shall each receive a salary of Fifteen Dollars ($15.00) per
month and in addition thereto when the council meets as a Board of Equalization,
the members shall receive not to exceed One Dollar ($1.00) per hour. The city
manager and all subordinate officers and employees of the city shall receive such
salaries or wages as may be fixed by resolution of the council.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 8
IS HEREWITH AMENDED TO READ AS FOLLOWS:
The mayor and council members shall by ordinance fix their own salaries in such amount
as they deem reasonable. No change in salary shall take effect until after the next
succeeding municipal election.
Section 2:
This Ordinance shall be in full force and effect from and after ninety (90)
days after its passage.
First Reading:
April 12, 1999
The Council scheduled the second reading of Ordinance No. 1388 for Monday, April 26,
1999 at approximately 7:00 p.m.
22) First Reading of Ordinance No. 1389 Being an Ordinance Amending City Charter
Regarding the Mayor
The reading of the ordinance was waived there being ample copies available for the public.
ORDINANCE NO. 1389
BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO THE MAYOR
The City of Columbia Heights does ordain:
Section 1: Chapter 2, Section 10, of the Charter of the City of Columbia Heights which
currently reads as follows, to wit:
CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of
the council, except that a president pro tempore shall be chosen who shall serve as
president in the mayor's absence. The mayor shall exercise all powers and perform all
duties conferred and imposed upon the mayor by this charter, the ordinances of the city,
and the laws of the state. The mayor shall have the appointment, control and direction of
all police officers of the city, and shall be recognized as the official head of the city for all
ceremonial purposes, by the courts for the purpose of serving civil processes, and by the
governor for the purposes of the military law. In the event of a vacancy in the office of
mayor, whether by death, resignation, or any other cause, the council shall order a special
election to fill the vacancy for the unexpired term except in the case of a recall, the
vacancy shall be filled in the manner provided by this charter.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 9
IS HEREWITH AMENDED TO READ AS FOLLOWS:
CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of
the council, and shall exercise all powers and perform all duties conferred and imposed
upon the mayor by this charter, the ordinances of the city, and the laws of the state. A
president pro tempore shall be chosen who shall serve as president in the mayor's absence,
and who shall, in the mayor's absence, exercise all powers and perform all duties
conferred and imposed upon the mayor by this charter, the ordinances of the city and the
laws of the state. In the absence of both the mayor and the president pro tempore, the
council member with the most seniority (as determined by consecutive uninterrupted years
of service to date) shall exercise and perform said powers and duties. The mayor shall
have the appointment, control, and direction of all police officers of the city, and shall be
recognized as the official head of the city for all ceremonial purposes, by the courts for the
purpose of serving civil processes, and by the governor for the purposes of the military
law. In the event of a vacancy in the office of mayor, whether by death, resignation, or
any other cause, the council shall order a special election to fill the vacancy for the
unexpired term except in the case of a recall, the vacancy shall be filled in the manner
provided by this charter.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days
after its passage.
First Reading:
April 12, 1999
The second reading of Ordinance No. 1389 was scheduled for Monday, April 26, 1999 at
approximately 7:00 p.m.
23) Approval of Payment of Bills
The Council approved payment of the bills as listed.
24) License Application Approval
The Council approved the license applications as listed by the License Clerk and approved
the rental housing license applications as stated in the memo from the Fire Chief dated
March 19, 1999.
25) Appointment to Technical Advisory_ Committee - Northstar Corridor Development
Authority
The Council appointed Kevin Hansen, Columbia Heights Public Works Director/City
Engineer, to serve as the City's representative to the Northstar Corridor Technical
Advisory Committee.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 10
Roll call on Consent Agenda: All ayes
Authorization to Purchase Fire Chief Vehicle
Two residents questioned the need for this purchase. They had erroneously understood
that this vehicle was for the personal use of the Fire Chief. They were advised that this
vehicle is used by other Fire Department personnel and also is used by the Fire Chief to go
to accident or fire scenes when he is off-duty.
Motion by Jolly, second by Szurek to authorize the purchase of one 1999 Ford Crown
Victoria vehicle for use as a Fire Chief vehicle from Superior Ford, Inc. with funding
coming from 431-42200-5150 and the Mayor and City Manager are authorized to enter
into a contract for the same. Roll call: All ayes
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Newly-Hired City Employee
Police Chief, Tom Johnson, introduced Roland Sorensen, a newly-hired Police Officer.
B. Arbor Month Proclamation
Mayor Peterson read the Arbor Month Proclamation and presented it to the City Engineer.
This is the seventh year that the City of Columbia Heights received the designation of
National Tree City USA.
C. National Library Week Proclamation
Mayor Peterson read the National Library Week Proclamation. He presented it to two
members of the Library Board and the Library Director.
6. PUBLIC HEARINGS
A. Close Public Hearing - Rental Property at 3849 Jackson Street, J. Utke
Mayor Peterson closed the public hearing regarding the revocation of the rental license
held by John Utke for rental property at 3849 Jackson Street. The property is in
compliance with the Housing Maintenance Code.
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APRIL 12, 1999
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B. Close Public Hearing - Rental Property at 1112 45th Avenue, T. Dang
Mayor Peterson closed the public hearing regarding the revocation of the rental license
held by Thong Dang for rental property at 1112 45th Avenue. The property is in
compliance with the Housing Maintenance Code.
C. Close Public Hearing - Rental Property at 4641 Tyler Street, ACCAP
Mayor Peterson closed the public hearing regarding the revocation of the rental license
held by A.C.C.A.P. for rental property at 4641 Tyler Street. The property is in
compliance with the Housing Maintenance Code.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution Nos. 99-48 and 99-49 Awarding the Sale of General Obligation
Improvement Bonds and Utility Revenue Bonds
Motion by Wyckoff, second by Hunter to waive the reading of the resolutions there being
ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 99-48
A RESOLUTION AWARDING THE SALE OF $860,000 GENERAL
OBLIGATION IMPROVEMENT BONDS
SERIES 1999A; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.0 1. The proposal of Cronin & Company, Incorporated (Purchaser) to purchase
$860,000 General Obligation Improvement Bonds, Series 1999A (Bonds) of the City
described in the Terms of Proposal thereof is found and determined to be a reasonable
offer and is accepted, the proposal being to purchase the Bonds at a price of $853,432.60
plus accrued interest to date of delivery, for Bonds bearing interest as follows
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APRIL 12, 1999
PAGE 12
Year of Maturity Interest Rate Year of Maturity Interest Rate
2001 3.45% 2006 4.00%
2002 3.55 2007 4.10
2003 3.65 2008 4.15
2004 3.80 2009 4.25
2005 3.90 2010 4.30
True interest rate: 4.1570%
1.0 2. The sum of $853,120 being the amount proposed by the Purchaser in excess of
$853,120 will be credited to the Debt Service Fund hereinafter created. The City
Clerk/Finance Director is directed to deposit the good faith check of the Purchaser,
pending completion of the sale of the Bonds, and to return the good faith checks of the
unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a
contract with the Purchaser on behalf of the City.
1.0 3. The City will forthwith issue and sell the Bonds in the total principal amount of
$860,000, originally dated May 1, 1999, in the denomination of $5,000 each or any
integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth,
and which mature serially on February 1 in the years and amounts as follows:
Year of Maturity Amount Year of Maturity Amount
2001 $ 50,000 2006 $90,000
2002 105,000 2007 90,000
2003 100,000 2008 85,000
2004 95,000 2009 85,000
2005 95,000 2010 65,000
1.0 4. Optional Redemption. The City may elect on February 1, 2007 and on any day
thereafter to prepay Bonds due on or after February 1, 2008. Redemption may be in whole
or in part and if in part, at the option of the City and in such order as the City will
determine and within a maturity by lot as selected by the Registrar. All prepayments will
be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.0 1. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is
payable by check or draft issued by the Registrar described herein.
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APRIL 12, 1999
PAGE 13
2.0 2. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been
paid or made available for payment, unless (i) the date of authentication is an interest
payment date to which interest has been paid or made available for payment, in which case
such Bond will be dated as of the date of authentication, or (ii) the date of authentication
is prior to the first interest payment date, in which case such Bond will be dated as of the
date of original issue. The interest on the Bonds will be payable on February 1 and
August 1 of each year, commencing February 1, 2000, to the owner of record thereof as
of the close of business on the fifteenth day of the immediately preceding month, whether
or not such day is a business day.
2.0 3. Registration. The City will appoint, and will maintain, a bond registrar, transfer
agent, authenticating agent and paying agent (Registrar). The effect of registration and
the rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new
Bonds of a like aggregate principal amount and maturity, as requested by the transferor.
The Registrar may, however, close the books for registration of any transfer after the
fifteenth day of the month preceding each interest payment date and until such interest
payment date.
c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the registered owner or the
owner's attorney in writing.
( d ) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly
canceled by the Registrar and thereafter disposed of as directed by the City.
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APRIL 12, 1999
PAGE 14
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar
for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied
that the endorsement on the Bond or separate instrument of transfer is valid and genuine
and that the requested transfer is legally authorized. The Registrar will incur no liability
for the refusal, in good faith, to make transfers which it, in its judgment, deems improper
or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes, and
payments so made to a registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees.
Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of
such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost
Bond has already matured or been called for redemption in accordance with its terms it is
not necessary to issue a new Bond prior to payment.
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APRIL 12, 1999
PAGE 15
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) not more than 60 and
not less than 30 days prior to the date fixed for redemption to the registered owner of each
Bond to be redeemed at the address shown on the registration books kept by the
Registrar. Failure to give notice by mail to any registered owner, or any defect therein,
will not affect the validity of any proceeding for the redemption of Bonds. Bonds so
called for redemption will cease to bear interest after the specified redemption date,
provided that the funds for the redemption are on deposit with the place of payment at
that time.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank Trust National
Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City
Manager are authorized to execute and deliver, on behalf of the City, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law to conduct such
business, such corporation is authorized to act as successor Registrar. The City agrees to
pay the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove the Registrar upon 30 days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar must
deliver all cash and Bonds in its possession to the successor Registrar and must deliver the
bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the Finance Director must transmit to the Registrar
moneys sufficient for the payment of all principal and interest then due.
2.0 5. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the Finance Director and executed on behalf of the City by the signatures of
the Mayor and the City Manager provided that all signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile
of whose signature appears on the Bonds ceases to be such officer before the delivery of
any Bond, such signature or facsimile will nevertheless be valid and sufficient for all
purposes, the same as if the officer had remained in office until delivery. Notwithstanding
such execution, a Bond will not be valid or obligatory for any purpose or entitled to any
security or benefit under this Resolution unless and until a certificate of authentication on
the Bond has been duly executed by the manual signature of an authorized representative
of the Registrar. Certificates of authentication on different Bonds need not be signed by
the same representative. The executed certificate of authentication on each Bond is
conclusive evidence that it has been authenticated and delivered under this Resolution.
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APRIL 12, 1999
PAGE 16
When the Bonds have been so prepared, executed and authenticated, the Finance Director
will deliver the same to the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore made and executed, and the Purchaser is not obligated
to see to the application of the purchase price.
2.0 6.Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Upon the execution and delivery of definitive Bonds the temporary
Bonds will be exchanged therefor and canceled.
Section 3. Form of Bond.
3.0 1 .The Bonds will be printed in substantially the following form:
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
GENERAL OBLIGATION IMPROVEMENT
BOND, SERIES 1999A
Rate Maturity Date of Original Issue CUSIP
May 1, 1999
No. $
Registered Owner: Cede & Co.
Principal Sum:
The City of Columbia Heights, Minnesota, a duly organized and existing municipal
corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and
for value received hereby promises to pay to the registered owner specified above or
registered assigns, the principal sum specified above on the maturity date specified above,
with interest thereon from the date hereof at the annual rate specified above, payable
February 1 and August 1 in each year, commencing February 1, 2000, to the person in
whose name this Bond is registered at the close of business on the fifteenth day (whether
or not a business day) of the immediately preceding month. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by U.S. Bank Trust National Association, St.
Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating
Agent, or its designated successor under the Resolution described herein.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 17
For the prompt and full payment of such principal and interest as the same respectively
become due, the full faith and credit and taxing powers of the City have been and are
hereby irrevocably pledged.
The City may elect on February 1, 2007 and on any day thereafter to prepay Bonds due on
or after February 1, 2008. Redemption may be in whole or in part and if in part, at the
option of the City and in such order as the City will determine and within a maturity by lot
as selected by the Registrar. All prepayments will be at a price of par plus accrued
interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest
expense for financial institutions and within the $10 million limit allowed by the Code for
the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $ 860,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege,
and interest rate, all issued pursuant to a resolution adopted by the City Council on April
12, 1999 (the Resolution), for the purpose of providing money to aid in financing various
local improvements within the City, pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter
429 and the City's home rule charter and the principal hereof and interest hereon are
payable primarily from special assessments levied against property specially benefited by
improvements in a special debt service fund of the City, as set forth in the Resolution to
which reference is made for a full statement of rights and powers thereby conferred. The
full faith and credit of the City are irrevocably pledged for payment of this Bond and the
City Council has obligated itself to levy ad valorem taxes on all taxable property in the
City in the event of any deficiency in special assessments pledged, which taxes may be
levied without limitation as to rate or amount. The Bonds of this series are issued only as
fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single
maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by the owner's attorney duly authorized in
writing upon surrender hereof together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or the owner's attorney; and
may also be surrendered in exchange for Bonds of other authorized denominations.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 18
Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount,
bearing interest at the same rate and maturing on the same date, subject to reimbursement
for any tax, fee or governmental charge required to be paid with respect to such transfer
or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Bond
Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota and
the City's home rule charter to be done, to exist, to happen and to be performed
preliminary to and in the issuance of this Bond in order to make it a valid and binding
general obligation of the City in accordance with its terms, have been done, do exist, have
happened and have been performed as so required, and that the issuance of this Bond does
not cause the indebtedness of the City to exceed any constitutional, statutory or charter
limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by
the Bond Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the
date set forth below.
Dated:
CITY OF COLUMBIA HEIGHTS, MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 19
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said
Bond on the books kept for registration of the within Bond, 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.
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by joint account.)
Please insert social security
or other identifying number of assignee
Section 4. Payment: Security Pledges and Covenants.
4.01. The City will create and maintain its General Obligation Improvement Bonds,
Series 1999A Debt Service Fund (Debt Service Fund) which fund will be used only to pay
principal of and interest on the Bonds. All Special Assessments (Assessments), levied for
the improvements financed by the Bonds are hereby pledged and required to be deposited
in the Debt Service Fund. The Finance Director must report any current or anticipated
deficiency in the Debt Service Fund to the City Council which deficiency shall be paid
from the general fund of the City, to be reimbursed out of proceeds of Assessments and
taxes levied hereunder when collected. There is appropriated to the Debt Service Fund all
capitalized interest financed from Bond proceeds, if any, any amount over the minimum
purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the
Purchaser upon closing and delivery of the Bonds.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long
as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following
covenants and agreements:
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 20
(a) The City Council will levy general ad valorem taxes on all taxable property in the
City, when required to meet any deficiency in Assessments.
(b) The City has levied and will levy and is collecting Assessments against property
specially benefitted by the Improvements in accordance with the procedures of Minnesota
Statutes, Chapter 429 and the City's home rule charter payable in such installments as the
City Council has determined by resolution, and all payments of the Assessments will be
credited to the Debt Service Fund for payment of prior principal and interest on the
Bonds.
(c) The City will keep complete and accurate books and records showing: receipts
and disbursements in connection with the Improvements, Assessments, taxes levied
therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, moneys on hand and, the balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least annually and will
furnish copies of such audit reports to any interested person upon request.
4.0 3. At least 20% of the cost of the Improvements will be specially assessed against
benefitted properties. At least 20% of the cost of the Improvements will be specially
assessed against benefitted properties. It is hereby determined that the estimated
collection of Assessments for the payment of principal and interest on 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 and that no tax levy is needed at this time.
4.04. The City Clerk is authorized and directed to file a certified copy of this resolution
with the County Auditor and to obtain the certificate required by Minnesota Statutes,
Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and
records of the City relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be required to show the
facts within their knowledge or as shown by the books and records in their custody and
under their control, relating to the validity and marketability of the Bonds and such
instruments, including any heretofore furnished, will be deemed representations of the City
as to the facts stated therein.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 21
5.0 1. The Mayor and City Manager are authorized and directed to certify that they have
examined the Official Statement prepared and circulated in connection with the issuance
and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made
therein as of the date of the Official Statement.
5.02. The Mayor and City Manager are authorized and directed to certify that they have
examined the Official Statement prepared and circulated in connection with the issuance
and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is complete and accurate representation of the facts and representations made
therein as of the date of the Official Statement.
5.03. The Mayor, City Manager and Finance Director are authorized to execute and
deliver the continuing Disclosure Undertaking substantially in the form on file with the
City Clerk.
Section 6. Tax Covenant.
6.0 1. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any
action which would cause the interest on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause
its officers, employees or agents to take, all affirmative action within its power that may be
necessary to ensure that such interest will not become subject to taxation under the Code
and applicable Treasury Regulations, as presently existing or as hereafter amended and
made applicable to the Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary
periods for investments, limitations on amounts invested at a yield greater than the yield
on the Bonds, and the rebate of excess investment earnings to the United States if the
Bonds (together with other obligations reasonably expected to be issued in calendar year
1999) exceed the small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face
amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and
all subordinate entities of 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(f)(4)(C) of the Code.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 22
6.0 3. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, 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.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements
and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes
of Section 265(b)(3) of the Code;
(c) 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 subordinate entities of the City) during calendar
year 1999 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
1999 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City,
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof.
Upon initial issuance, the ownership of each such Bond will be registered in the
registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for
The Depository Trust Company, New York, New York, and its successors and assigns
(DTC). Except as provided in this section, all of the outstanding Bonds will be registered
in the registration books kept by the Bond Registrar in the name of Cede & Co., as
nominee of DTC.
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 23
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar
and the Paying Agent will have no responsibility or obligation to any broker dealers, banks
and other financial institutions from time to time for which DTC holds Bonds as securities
depository (the Participants) or to any other person on behalf of which a Participant holds
an interest in the Bonds, including but not limited to any responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with
respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any
other person other than a registered owner of Bonds, as shown by the registration books
kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice
of redemption, or (iii) the payment to any Participant or any other person, other than a
registered owner of Bonds, or any amount with respect to principal of, premium, if any, or
interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and
consider the person in whose name each Bond is registered in the registration books kept
by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of
payment of principal, premium and interest with respect to such Bond, for the purpose of
registering transfers with respect to such Bonds, and for all other purposes. The Paying
Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the
order of the respective registered owners, as shown in the registration books kept by the
Bond Registrar, and all such payments will be valid and effectual to fully satisfy and
discharge the City's obligations with respect to payment of principal of, premium, if any,
or interest on the Bonds to the extent of the sum or sums so paid. No person other than a
registered owner of Bonds, as shown in the registration books kept by the Bond Registrar,
will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery
by DTC to the Finance Director of a written notice to the effect that DTC has determined
to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," will
refer to such new nominee of DTC; and upon receipt of such a notice, the Finance
Director will promptly deliver a copy of the same to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The form of representation letter proposed to be submitted
to DTC, which is on file with the City Clerk and presented to this meeting (Representation
Letter), is hereby approved, and the City Manager is authorized to execute and deliver the
Representation Letter in substantially the form on file, with such changes therein not
inconsistent with law as the City Manager may approve, which approval will be
conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar
subsequently appointed by the City with respect to the Bonds will agree to take all action
necessary for all representations of the City in the Representation letter with respect to the
Bond Registrar and Paying Agent, respectively, to at all times to complied with.
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 24
7.0 4. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial
interest in the Bonds that they be able to obtain Bond certificates, the City will notify
DTC, whereupon DTC will notify the Participants, of the availability through DTC of
Bond certificates. In such event the City will issue, transfer and exchange Bond
certificates as requested by DTC and any other registered owners in accordance with the
provisions of this Resolution. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and discharging its
responsibilities with respect thereto under applicable law. In such event, if no successor
securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof
will apply to the transfer, exchange and method of payment thereof.
7 0.5. Payments to Cede & Co. Notwithstanding any other provision of this resolution to
the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of, premium, if any, and interest on such Bond
and all notices with respect to such Bond will be made and given, respectively in the
manner provided in the Representation Letter.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Szurek, and upon vote being taken thereon, the following voted in favor thereof:
Szurek, Jolly, Wyckoff, Hunter, Peterson
and the following voted against the same:
None
whereupon said resolution was declared duly passed and adopted.
Mayor Gary L. Peterson
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 25
STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS.
CITY OF COLUMBIA HEIGHTS )
I, the undersigned, being the duly qualified and acting Council Secretary of the City of
Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully
compared the attached and foregoing extract of minutes of a regular [special] meeting of
the City Council of the City held on April 12, 1999 with the original minutes on file in my
office and the extract is a full, true and correct copy of the minutes insofar as they relate to
the issuance and sale of $860,000 General Obligation Improvement Series 1999A of the
City.
WITNESS My hand officially as such and the corporate seal of the City this 12th day of
April, 1999.
(SEAL)
City Council Secretary
Columbia Heights, Minnesota
RESOLUTION NO. 99-49
A RESOLUTION AWARDING THE SALE OF $1,935,000 GENERAL OBLIGATION
UTILITY REVENUE BONDS SERIES 1999B; FIXING THEIR FORM AND
SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. The proposal ofCronin & Company, Incorporated (Purchaser) to purchase $1,935,000
General Obligation Utility Revenue Bonds, Series 1999B (Bonds) of the City described in the
Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted,
the proposal being to purchase the Bonds at a price of $1,921,817.30 plus accrued interest
to date of delivery, for Bonds bearing interest as follows:
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 26
Year of Interest Year of Interest
Maturity Rate Maturity Rate
2001 3.45% 2006 4.00%
2002 3.55 2007 4.10
2003 3.65 2008 4.10
2004 3.80 2009 4.20
2005 3.90 2010 4.30
Trueinterestrme:4.1614%
1.02. The sum of $2,317.30 being the amount proposed by the Purchaser in excess of
$1,919,500 will be credited to the Debt Service Fund hereinafter created. The City
Clerk/Finance Director is directed to deposit the good faith check of the Purchaser, pending
completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers forthwith. The Mayor and City Manager are directed to execute a contract with
the Purchaser on behalf of the City.
1.03. The City will forthwith issue and sell the Bonds in the total principal amount of
$1,935,000, originally dated May 1, 1999, in the denomination of $5,000 each or any integral
multiple thereof, numbered No. R- 1, upward, bearing interest as above set forth, and which
mature serially on February 1 in the years and amounts as follows:
Year of M~urity Amount Year of M~urity Amount
2001 $110,000 2006 $200,000
2002 175,000 2007 210,000
2003 180,000 2008 220,000
2004 185,000 2009 225,000
2005 195,000 2010 235,000
1.0 4. Optional Redemption. The City may elect on February 1, 2007 and on any day
thereafter to prepay Bonds due on or after February 1, 2008. Redemption may be in whole
or in part and if in part, at the option of the City and in such order as the City will determine
and within a maturity by lot as selected by the Registrar. All prepayments will be at a price
of par plus accrued interest.
Section 2. Registration and Payment.
2.0 1. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
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APRIL 12, 1999
PAGE 27
2.0 2. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been
paid or made available for payment, unless (i) the date of authentication is an interest payment
date to which interest has been paid or made available for payment, in which case such Bond
will be dated as of the date of authentication, or (ii) the date of authentication is prior to the
first interest payment date, in which case such Bond will be dated as of the date of original
issue. The interest on the Bonds will be payable on February 1 and August 1 of each year,
commencing February 1, 2000, to the owner of record thereof as of the close of business on
the fifteenth day of the immediately preceding month, whether or not such day is a business
day.
2.0 3. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent,
authenticating agent and paying agent (Registrar). The effect of registration and the rights
and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond register
in which the Registrar provides for the registration of ownership of Bonds and the registration
of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and deliver,
in the name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange
the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity, as requested by the registered owner or the owner' s attorney
in writing.
(d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled
by the Registrar and thereafter disposed of as directed by the City.
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 28
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal,
in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name
a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond
is overdue or not, for the purpose of receiving payment of, or on account of, the principal of
and interest on the Bond and for all other purposes, and payments so made to a registered
owner or upon the owner's order will be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee
or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in connection therewith; and,
in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance
and amount satisfactory to it and as provided by law, in which both the City and the Registrar
must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the
Registrar and evidence of such cancellation must be given to the City. If the mutilated,
destroyed, stolen or lost Bond has already matured or been called for redemption in
accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof
identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the
redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30
days prior to the date fixed for redemption to the registered owner of each Bond to be
redeemed at the address shown on the registration books kept by the Registrar. Failure to
give notice by mail to any registered owner, or any defect therein, will not affect the validity
of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease
to bear interest after the specified redemption date, provided that the funds for the redemption
are on deposit with the place of payment at that time.
REGULAR COUNCIL MEET1NG
APRIL 12, 1999
PAGE 29
2.0 4. Appointment of Initial Registrar. The City appoints U.S. Bank Trust National
Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with the Registrar.
Upon merger or consolidation of the Registrar with another corporation, if the resulting
corporation is a bank or trust company authorized by law to conduct such business, such
corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable
and customary charges of the Registrar for the services performed. The City reserves the
right to remove the Registrar upon 30 days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its
possession to the successor Registrar and must deliver the bond register to the successor
Registrar. On or before each principal or interest due date, without further order of this
Council, the Finance Director must transmit to the Registrar moneys sufficient for the
payment of all principal and interest then due.
2.0 5. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the Finance Director and executed on behalf of the City by the signatures of the
Mayor and the City Manager provided that all signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature appears on the Bonds ceases to be such officer before the delivery of any
Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the
same as if the officer had remained in office until delivery. Notwithstanding such execution,
a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Bond has been
duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same
representative. The executed certificate of authentication on each Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds
have been so prepared, executed and authenticated, the Finance Director will deliver the same
to the Purchaser upon payment of the purchase price in accordance with the contract of sale
heretofore made and executed, and the Purchaser is not obligated to see to the application of
the purchase price.
2.0 6. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one
or more typewritten temporary Bonds in substantially the form set forth in Section 3 with
such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and canceled.
Section 3. Form of Bond.
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APRIL 12, 1999
PAGE 30
3.0 1. The Bonds will be printed in substantially the following form:
Rate
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
GENERAL OBLIGATION UTILITY REVENUE
BOND, SERIES 1999B
Maturity Date of Original Issue CUSIP
May 1, 1999
Registered Owner: Cede & Co.
Principal Sum:
No. $
The City of Columbia Heights, Minnesota, a duly organized and existing municipal
corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for
value received hereby promises to pay to the registered owner specified above or registered
assigns, the principal sum specified above on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified above, payable February 1 and
August 1 in each year, commencing February 1, 2000, to the person in whose name this Bond
is registered at the close of business on the fifteenth day (whether or not a business day) of
the immediately preceding month. The interest hereon and, upon presentation and surrender
hereof, the principal hereof are payable in lawful money of the United States of America by
check or draft by U.S. Bank Trust National Association, St. Paul, Minnesota, as Bond
Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated
successor under the Resolution described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2007 and on any day thereafter to prepay Bonds due on
or after February 1, 2008. Redemption may be in whole or in part and if in part, at the option
of the City and in such order as the City will determine and within a maturity by lot as
selected by the Registrar. All prepayments will be at a price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense
for financial institutions and within the $10 million limit allowed by the Code for the calendar
year of issue.
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APRIL 12, 1999
PAGE 31
This Bond is one of an issue in the aggregate principal amount of $1,935,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on April 12, 1999
(the Resolution), for the purpose of providing money to aid in financing various
improvements to the storm sewer, water and sanitary sewer system of the City, pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, Section 444.075 and the City' s home rule charter and the principal hereof
and interest hereon are payable primarily from the net revenues of the water, storm sewer and
sanitary sewer system of the City in a special debt service fund of the City, as set forth in the
Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this
Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property
in the City in the event of any deficiency in net revenues pledged, which taxes may be levied
without limitation as to rate or amount. The Bonds of this series are issued only as fully
registered Bonds in denominations of $5,000 or any integral multiple thereof of single
maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the water, storm sewer and
sanitary system free from competition by other like utilities; that adequate insurance on said
plant and system and suitable fidelity bonds on employees will be carried; that proper and
adequate books of account will be kept showing all receipts and disbursements relating to the
Water and Sewer Fund, into which it will pay all of the gross revenues from the water, storm
sewer and sanitary system; that it will also create and maintain a General Obligation Utility
Revenue Bonds, Series 1999B Debt Service Fund, into which it will pay, out of the net
revenues from the water, storm sewer and sanitary system a sum sufficient to pay principal
hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for
any deficiency in required net water and sewer system revenues.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond
Registrar, duly executed by the registered owner or the owner's attorney; and may also be
surrendered in exchange for Bonds of other authorized denominations. Upon such transfer
or exchange the City will cause a new Bond or Bonds to be issued in the name of the
transferee or registered owner, of the same aggregate principal amount, bearing interest at the
same rate and maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
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APRIL 12, 1999
PAGE 32
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the B o n d
Registr
ar will
b e
affecte
d by
any
notice
to the
contrar
y.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota and the
City's home rule charter to be done, to exist, to happen and to be performed preliminary to
and in the issuance of this Bond in order to make it a valid and binding general obligation of
the City in accordance with its terms, have been done, do exist, have happened and have been
performed as so required, and that the issuance of this Bond does not cause the indebtedness
of the City to exceed any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Bond Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of
the Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Dated:
CITY OF COLUMBIA HEIGHTS, MINNESOTA
(Facsimile) (Facsimile)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK TRUST NATIONAL ASSOCIATION
By
Authorized Representative
ASSIGNNmNT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of substitution in the
premises.
Dated:
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APRIL 12, 1999
PAGE 33
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.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by joint account.)
Please insert social security
For other identifying number of assignee
Section 4. Payment: Security Pledges and Covenants.
4.01. The City will create and continue to operate its Water and Sewer Fund to which will
be credited all gross revenues of the water, sanitary sewer and storm sewer system and out
of which will be paid all normal and reasonable expenses of current operations of the water,
sanitary sewer and storm sewer system. Any balance therein are deemed net revenues and
will be transferred, from time to time, to a General Obligation Utility Revenue Bonds, Series
1999B Debt Service Fund (Debt Service Fund) hereby created in the Water and Sewer Fund,
which fund will be used only to pay principal of and interest on the Bonds and any other
bonds similarly authorized. There shall be transferred to the Debt Service Fund a sufficient
amount to pay principal of and interest on all the Bonds, and the Finance Director must report
any current or anticipated deficiency in the Debt Service Fund to the City Council. There is
appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds,
if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and
all accrued interest paid by the Purchaser upon closing and delivery of the Bonds.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long as
any of the Bonds remain outstanding and unpaid, it will keep and enforce the following
covenants and agreements:
(a)
The City will create a storm sewer utility and will continue to maintain and efficiently
operate the water, sanitary sewer and storm sewer system as public utilities and
conveniences free from competition of other like utilities and will cause all revenues
therefrom to be deposited in bank accounts and credited to the water and sewer
system accounts as hereinabove provided, and will make no expenditures from those
accounts except for a duly authorized purpose and in accordance with this resolution.
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APRIL 12, 1999
PAGE 34
(b)
(c)
(d)
(e)
(f)
(g)
The City will also maintain the Debt Service Fund as a separate account in the Water
and Sewer Fund and will cause money to be credited thereto from time to time, out
of net revenues from the water, sanitary sewer and storm sewer system, respectively,
in sums sufficient to pay principal of and interest on the portion of the Bonds allocable
to improvements to such system when due.
The City will keep and maintain proper and adequate books of records and accounts
separate from all other records of the City in which will be complete and correct
entries as to all transactions relating to the water, storm sewer and sanitary sewer
system and which will be open to inspection and copying by any bond holder, or the
holder's agent or attorney, at any reasonable time, and it will furnish certified
transcripts therefrom upon request and upon payment of a reasonable fee therefor,
and said account will be audited at least annually by a qualified public accountant and
statements of such audit and report will be furnished to all bondholders upon request.
The City Council will cause persons handling revenues of the water, storm sewer and
sanitary sewer system to be bonded in reasonable amounts for the protection of the
City and the bondholders and will cause the funds collected on account of the
operations of the water, storm sewer and sanitary sewer system to be deposited in a
bank whose deposits are guaranteed under the Federal Deposit Insurance Law.
The Council will keep the water, storm sewer and sanitary sewer system insured at
all times against loss by fire, tornado and other risks customarily insured against with
an insurer or insurers in good standing, in such amounts as are customary for like
plants, to protect the holders, from time to time, of the Bonds and the City from any
loss due to any such casualty and will apply the proceeds of such insurance to make
good any such loss.
The City and each and all of its officers will punctually perform all duties with
reference to the water, storm sewer and sanitary sewer system as required by law.
The City will impose and collect charges of the nature authorized by Minnesota
Statutes, Section 444.075 at the times and in the amounts required to produce net
revenues adequate to pay all principal and interest when due on the Bonds and to
create and maintain such reserves securing said payments as may be provided in this
resolution.
(h)
The City Council will levy general ad valorem taxes on all taxable property in the
City, when required to meet any deficiency in net revenues.
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APRIL 12, 1999
PAGE 35
4.0 3. It is hereby determined that the estimated collection of net revenues for the payment
of principal and interest on 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 and that
no tax levy is needed at this time.
4.0 4. The City Clerk is authorized and directed to file a certified copy of this resolution with
the County Auditor and to obtain the certificate required by Minnesota Statutes, Section
475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and
records of the City relating to the Bonds and to the financial condition and affairs of the City,
and such other certificates, affidavits and transcripts as may be required to show the facts
within their knowledge or as shown by the books and records in their custody and under their
control, relating to the validity and marketability of the Bonds and such instruments, including
any heretofore furnished, will be deemed representations of the City as to the facts stated
therein.
5.0 2. The Mayor and City Manager are authorized and directed to certify that they have
examined the Official Statement prepared and circulated in connection with the issuance and
sale of the Bonds and that to the best of their knowledge and belief the Official Statement is
a complete and accurate representation of the facts and representations made therein as of the
date of the Official Statement.
5.03. The Mayor, City Manager and Finance Director are authorized and directed to execute
the Continuing Disclosure undertaking substantially in the form on file with the City Clerk on
the date hereof.
Section 6. Tax Covenant.
6.0 1. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
REGULAR COUNCIL MEETING
APRIL 12, 1999
PAGE 36
Treasury Regulations, as presently existing or as hereafter amended and made applicable to
the Bonds.
6.0 2. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103
of the Code, including without limitation requirements relating to temporary periods for
investments, limitations on amounts invested at a yield greater than the yield on the Bonds,
and the rebate of excess investment earnings to the United States if the Bonds (together with
other obligations reasonably expected to be issued in calendar year 1999) exceed the
small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate
requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate
entities of 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(f)(4)(C) of the Code.
6.0 3. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, 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.
6.0 4. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning
of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of
Section 265
(b)(3) of the Code;
(c) 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 subordinate entities of the City) during calendar year 1999 will not
exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year 1999
have been designated for purposes of Section 265(b)(3) of the Code.
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APRIL 12, 1999
PAGE 37
6.0 5. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. Book-Entry System; Limited Obligation of City,
7.0 1. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each such Bond will be registered in the registration books
kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust
Company, New York, New York, and its successors and assigns (DTC). Except as provided
in this section, all of the outstanding Bonds will be registered in the registration books kept
by the Bond Registrar in the name of Cede & Co., as nominee of DTC.
7.0 2. With respect to Bonds registered in the registration books kept by the Bond Registrar
in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository (the
Participants) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co.or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,
of any notice with respect to the Bonds, including any notice of redemption, or (iii) the
payment to any Participant or any other person, other than a registered owner of Bonds, or
any amount with respect to principal of, premium, if any, or interest on the Bonds. The City,
the Bond Registrar and the Paying Agent may treat and consider the person in whose name
each Bond is registered in the registration books kept by the Bond Registrar as the holder and
absolute owner of such Bond for the purpose of payment of principal, premium and interest
with respect to such Bond, for the purpose of registering transfers with respect to such
Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as
shown in the registration books kept by the Bond Registrar, and all such payments will be
valid and effectual to fully satisfy and discharge the City' s obligations with respect to payment
of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so
paid. No person other than a registered owner of Bonds, as shown in the registration books
kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this
resolution. Upon delivery by DTC to the Finance Director of a written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., and the words
"Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the
Finance Director will promptly deliver a copy of the same to the Bond Registrar and Paying
Agent.
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APRIL 12, 1999
PAGE 38
7.0 3. Representation Letter. The form of representation letter proposed to be submitted
to DTC, which is on file with the City Clerk and presented to this meeting (Representation
Letter), is hereby approved, and the City Manager is authorized to execute and deliver the
Representation Letter in substantially the form on file, with such changes therein not
inconsistent with law as the City Manager may approve, which approval will be conclusively
evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently
appointed by the City with respect to the Bonds will agree to take all action necessary for all
representations of the City in the Representation letter with respect to the Bond Registrar and
Paying Agent, respectively, to at all times to complied with.
7.0 4. Transfers Outside Book-Entry System. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interest in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and
any other registered owners in accordance with the provisions of this Resolution. DTC may
determine to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and discharging its responsibilities with respect thereto under applicable
law. In such event, if no successor securities depository is appointed, the City will issue and
the Bond Registrar will authenticate Bond certificates in accordance with this resolution and
the provisions hereof will apply to the transfer, exchange and method of payment thereof.
7.0 5. Payments to Cede & Co. Notwithstanding any other provision of this resolution to
the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of, premium, if any, and interest on such Bond
and all notices with respect to such Bond will be made and given, respectively in the manner
provided in the Representation Letter.
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APRIL 12, 1999
PAGE 39
The motion for the adoption of the foregoing resolution was duly seconded by Member
Hunter, and upon vote being taken thereon, the following voted in favor thereof:
Wyckoff, Jolly, Szurek, Hunter, Peterson
and the following voted against the same:
None
whereupon said resolution was declared duly passed and adopted.
Mayor Gary L. Peterson
STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS.
CITY OF COLUMBIA )
HEIGHTS )
I, the undersigned, being the duly qualified and acting Council Secretary of the City of
Columbia Heights, Anoka County, Minnesota, do hereby certify that ! have carefully
compared the attached and foregoing extract of minutes of a regular meeting of the City
Council of the City held on April 12, 1999 with the original minutes on file in my office and
the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance
and sale of $1,935,000 General Obligation Utility Revenue Bonds, Series 1999 of the City.
WITNESS My hand officially as such and the corporate seal of the City this 12th day of April,
1999.
City Council Secretary
Columbia Heights, Minnesota
b. Bid Considerations
None
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APRIL 12, 1999
PAGE 40
C. Other Business
1) Appointments to Boards and Commissions
Motion by Szurek second by Jolly to appoint Kevin D. Hanson to the Planning and Zoning
Commission with a term expiring in April 2003. Roll call: All ayes
Motion by Wyckoff, second by Szurek to appoint Robert Buboltz to the Telecommunications
Commission with a term expiring in April 2000. Roll call: All ayes
2. Space Needs Study Committee Appointments
The Mayor stated that this item has not been discussed by members of the Council and
recommended it be tabled.
Motion by Peterson, second by Szurek to table this item until the next Council work session.
Roll call: All ayes
3. First Reading of Ordinance No. 1387 Being an Ordinance Regulating the Number of False
Alarms Allowed in a Calendar Year
Motion by Jolly, second by Szurek to waive the reading of the ordinance there being ample
copies available for the public. Roll call: All ayes
ORDINANCE NO. 1387
BEING AN ORDINANCE CREATING SECTION OF THE COLUMBIA HEIGHT S CITY
CODE THAT MAKES IT UNLAWFUL TO HAVE MORE THAN THREE FALSE
ALARMS WITHIN ONE (1) CALENDAR YEAR
Section 10.313 False Alarm Response
1. Definitions:
Alarm: Means a mechanical, electrical or an electronic device designed to
detect and/or signal; intrusion, holdup, trouble, or fire, excluding such device
affixed to a motor vehicle.
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APRIL 12, 1999
PAGE 41
False Alarm: Means an alarm signal when response by the police and/or fire
departments are not in fact required, but excluding an alarm caused by storm
or other conditions beyond the reasonable control of the alarm or alarm user.
(1)
False alarms signaled within a 24-hour period of the original false alarm will
not be counted as additional alarms, to allow for the repair and/or correction
of the malfunction.
(2)
The Columbia Heights Police will document all police false alarms for the
purpose of enforcing this ordinance and the Columbia Heights Fire
Department will document all fire false alarms for the purpose of enforcing
this ordinance.
Exception: Federal and/or State agencies and political subdivisions of the
Federal or State government shall be exempt from the payment of any permit,
fees, and/or false alarm charges otherwise provided for by this ordinance.
A fee shall be payable to the City of Columbia Heights for the third response and each
subsequent response within one calendar year by the Police and/or Fire Department
to an automatic alarm device triggered other than by reason of criminal activity and/or
fire (false alarm). The fee shall be set by resolution.
The City shall have the power to collect such fee by whatever means necessary_,
including the issuance of ordinance violation summons for failure to comply with
requirements of this section within seven (7) working days of receiving notice of
payment due. The person responsible for the payment of such fee is the person to be
cited. A petty misdemeanor.
Liability of City: The regulation of alarm response shall not constitute acceptance by
the City of liability to maintain equipment, to answer alarms, or to repond to alarms
in any particular manner.
Motion by Jolly, second by Szurek to schedule the second reading of Ordinance No. 1387 for
May 10, 1999 at approximately 7:00 p.m. Roll call: All ayes
4. Denial of License Application - Tropical Concepts, 4056 Central Avenue Northeast
A representative of the City's Licensing Department gave the background of this business's
license application and the ensuing activities. Based on the findings of the Humane Society's
inspector and the City's Building Official, denial of the license is being recommended.
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APRIL 12, 1999
PAGE 42
Discussion continued regarding the operation of the business, the criteria to be met before a
license could be approved and the recommendations of interested parties.
It was noted that the business currently has no valid license and should not be open for
business. The City Attorney advised that if the business operates it is liable for a misdemeanor
charge on a daily basis. Staff has attempted on a frequent basis to be of assistance to the
business owner.
Motion by Szurek, second by Jolly to deny the license to allow a pet shop operation at 4056
Central Avenue until such time the operation is brought into compliance with the
requirements of Section 5.104 of the License Ordinance and a favorable inspection report is
received from the Humane Officer. Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
1) The City Manager reminded the Council of the Lions Club Pancake Breakfast on Sunday,
April 18th. He requested Council direction to have an information table at the Breakfast for
distributing information regarding a proposed community center. All felt this would be
appropriate. 2) The issue of a community center will be on the agenda of the April 19th
Council work session. 3) The City Manager is unable to attend the April 14th North Metro
Mayors Association Annual Meeting. He suggested that someone on the Council may choose
to take his place. 4) The City Manager read the memo received from the City Attorney
regarding the Open Meeting Law.
B. Report of the City Attorney
The City Attorney had nothing to report.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) March 24, 1999 Park and Recreation Commission Meeting minutes were in the agenda
packet. No Council action was necessary.
Mayor Peterson acknowledged the $100 contribution made by the Christopher Toastmasters
to the Commission. They hold their meetings at Murzyn Hall.
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APRIL 12, 1999
PAGE 43
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A resident requested police patrolling of the City be increased to accommodate his perception
that there is an increase in criminal activity.
11. ADJOURNMENT
Motion by Wyckoff, second by Jolly to adjourn the Council Meeting at 8:55 p.m. Roll call:
All ayes
Respectfully submitted,
Jo-Anne Student, Council Secretary