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Home My WebLink AboutRES 2003_20260105091707002002. Resolulions Resolution Description 2002-01 Gem Lake Appointments 2002-02 2002 Fee Schedule 2002-03 Sanitary S ewer Fees 2002-04 Void 2002-05 Boulder :Senior Living Preliminary Approval/Bonds 2002-06 Replacing,Resolution 2000-08 2002-07 Boulder Senior Living Bond Sale, WBL Joint Powers Agreement 2002-08. Premier Bank Accounts 2002-09 County State Aid Highway Hi hwa b 1. 2002-10 AT&T --- Cable Franchise. 2002-11 -Scor..e Grant 200z-1Z 2003 Proposed Budget CITY OF GEM LAKE RE' SOLUTION NO.2002-01 22 January 2002 WHEREAS, the. individuais.arid/or companies identified below have agreed to serve in the appoititedpositions..identified for..tho period 01 January 2002 to. 31 December 2002. NOW THEREFORE BE. IT RESOLVED that the Citv.6uncil: fthe City QfGem Lake:does hereby make the followincy appointments.- 91) Acting Mayor (In The Mayor's Absence.) Ms.. Rick Bosak 62) Chief BuildingO.fficial & Building ingpector Mr.. Allen.Zepper 03) Numbing Inspector. Mr.. Allen Zepper 04) Heating Inspector Mr. Allen Zepper 05) Co -Zoning Administrator Mr, Patti Emeott 06j .Co -Zoning Administrator Mr.Frederic Magnuson 07) Electrical InspectonAssistant Buildin(y. Inspector Mr. Jim. ManteufO 08) Septage: Administrator Mrs. Sarah Cobian (Magnuson &-Associates, LLC) 09) Septage Inspector Mr. Dale Eklia 19) Weed Inspector Mr. Paul Emeott 11) Assistant Weed Inspector Mr; Frederic Magnuson 12) Sewer Inspection!Maintenance Contractor City of Vadnals Heights 13) Snow Plowing & Sanding Contractor City ofVadnais Heights 14) Health Officer Dr; RQ.land Birkebak 15) City Prosecuting Attorney Mr. Doug Meslow, MESLOW &. OLSON. 16.) City. Attorney Mr. Thomas Newcome III,-LEONARD, O"BRIEN et al 17) City Treasurer Mrs. Sarah Cobian 18) City. -Clerk Mr. Frederic Magnuson 19) City.Administration &City Offides Magnuson..& Associates,.LLC 20) 2T) City. Engineer City Planner Short, Elliott. Hendrickson: Short, giliQtt&.Hendrickson 22) Official City Depositories US Bank, White Bear Lake Premier -Bank, White Bear Lake 23) Official City Publication White Bear Press 24) C:hairman; Planning Commission Mr. Jack Hoeschler 25) Planning,Commission Mr. Jim Lindner Mr Derek Wippich Ms. Kathy Robins. Mr. Lloyd Nielsen 26) City Recycling Coordinator Mrs. Sarah Cobian (Magnuson &Associates, LLC) 27:) City Recycling Contractor E-Z Recycling, Inc; 28) Law Enforcement: Contractor Ramsey County Sheriff 29) Fire & Paramedic Comractor White Bear Lake Fire Department 30) Animal Control Officer(s) Mr. Patrick. Igo and Mr. FredericMagnuson 31) Public Works Commissioner Me. Jim Lindner. ATTEST The fore-oin3 resolution was offered by Council Member Birl ebak.and was supported by -.Council Member Wasson and was. declared hdopted on.a unanimous vote of the. City Council 1, Frederic C, Magnuson. tite duly qualified City. Clerk ofthe City ofGem Lake; County of Ramsey, State ofMinnesota,.do hereby eorhfy that the foregoing Resolutioll is a lruo and accurawrepresentation of action taken by the City Council of the. City of Gem Laketon the date first written Frederic IC agnu t! sty Clerk Date e-file: resolutiohs12002\No2002-01 C MTj.MD C0pl7 CITY OF GEM LAKE RESULUTLON NO.2002-02 1.2.Janukry 2002 4 WHEREAS, the City of Gem. Lake provides services as well as dissemination ofpublicniformation:to all persons in accordance with United States. State of Minnesota, County of Ramsey,.and City.of Gem Lake laws and ordinances; and WHEREAS, said services and dissemination of infotanatiori.haviieXcop omlcostsassociated.Withprovidingsametothe.general public which are beyond budgeted costs; and WHEREAS, the City of Gem Lake wishes to establish a fair and uniform basis for providing said services :and infortnation to all persons so. requesting. NOW THEREFORE BE IT RESOLVED, that. the City Council ofthe City,of Gem Lake does:hereby establish and approve the.rates and fees set forth in tite "CITY OF GEM* LAKE 2002.ME SCHEDULE" attached hereto -for the use of the City staff in providing said services. and information., said rates to become effective retroactive to the first day of January 2002.and to.be reviewed ant;ualiv thereafter. unless otherwisexequired.. The Coregoing.Resolpiion was o.trered by C.outic l Member.Bosak and.was supported by Council Member Bitkebak.and was declared carried on a unanimous vote. ATTEST 1,11te-nndersigned; being the duly qualified and apoointiM Clerk-ofthe City of Gem .Lake, Ramsey County., Minnesota, do hereby certiArthat 1 have carefully compared the attached and foregoing. extract of' inutes of a regular meeting of the City Council of -the- City of Gem Cake and that said extract is a true and accurate representation .of the intent and action taken.. C. ivfabusotCOy Clerk. Dated etilc: res61uti01l12002+.no2002-02 CITY OF GEM -LAKE 2002 FEE SCHEDULE DOCUMENT SALES. 01 - 50 Pages SAS Envelope Required S 7.50 per document S1 or more Pages SA§.Envelope Required S 1.0.00.per document plus $0.15 per page over 51..pages. COMPREHENSIVE PLAN Comprehensive Municipal Plan S 20.00'per document Local Watershed Management Plan S 30.00•per document PROPERTY & ASSESSMENT SEARCHES CI1 Assessment Searches SAS. Envelope Required S-10.00 per address/PIN Property PIN Facsimile or Voice S 10.00 per address/PIN Legal Description Facsimile .or SAS.Enveiope- S 20.00 per address/PIN PY PROFESSIONAL SERVICES Outside Consultant Services (Engineer, Attorney, etc) With City Clerk Approval&, Signed Cost.Sharft-Agreement Actual Cost Billed plus 15.0.0'/6 Service Charge Zoning Administrator $ 65.00 per hour BUSINESS LICENSES On -Said Liquor City Statutes SI,800.00 annually Special.Sunday On -Sale Liquor State Statute S200:00 annually Wine & Beer On -Sale City & State Statyte $:600.00 annually Off:Sale Liquor State StAtute. $ 1.00.00 annually Charitable Gambling. -5tate-Statute 510.0.00 annually Retail Tobacco Reseller 2001 City Statute S 250.00 annually CONS.TRUCTION . PERMITSr LICENSES- & INSPECTIONS lwaerdrdance with established* State schedules and as modified, from time to`time; the Building .Inspector(s); State. -of MN, and/or the City of Gem Lake.. Sign .Permits. Permanent Signs Temporary Signs (less than 30 days) S 50.00 per application. No Charge: Relocation of Dwelling Permit Per Structure plus Building Permit $250.00 Demolition Permit Per Structure S 75:00 Building Permits Includes Inspections Listed lilcIgFecs02 Plumbing Permits Includes Inspections LiStod PlbgFees02. Mechanical Permits Includes IgspectiansUAW MechFeesOl Electrical Permits Ificludes-Inspections Listed El&Fee.02 Grading & Filling. Perm its Includes -Inspections Listed GradFees02 Burning Permits. Per Application, I Per Parcel Per Date No Charge Fire Inspections Required Annually - Ordinance .No. 77 FireFees02 CITY OF GEM LAKE 2002 FEE SCHEDULE ZONING, SUBDIVISION & LAND USE MATTERS. Request for Rezoning Per'Request A,parcel Variance from City Per Variance. $-M-0.0 Ordinances. Subdivision of Lands Minimum Fee $ 300.00 per application Minot Subdivisions (2-3-Lots) S 300.00. per subdivision. Major Subdivision (4+ Lots) $100.00 per lot created Special Use Permit. Per Application,) Per Parcel $150;00 each Interim Use Permit Per. Applicatiop, I Per*Parcel S 150.00 each 2' Topographical Maps PerT*14p.(6Totai for City) $ 150.00 per map CD-ROM Version $150.00 per CD. SEWER & RELATED CHARGES Residential Sewer. User Charges Annually, Per Unit S 1:12.00 Commercial Sewer User Charge Annually, Per Unit S 1.12.0.0 Industrial Sewer User Charge Anrivaliyi.Per Unit. $112.00 Metered Sanitary Sewer Charge S 1110 per 1,000 gallons Industrial Strength User Charge P.er.MCES Schedule Sewer Availability Charges Metropolitan Council -Connection Charge. City of Gem Lake Connection Charge S 1,200.00 $ 600.00 Sewer Connection. Permit S 65-.00 pear permit. Sewer Inspection Permit S 0,00 per inspection Sewer Reinspection Fee S 65.00 per hour Sewer Contractor License $100:60 annually The fees and :charges stateti.-or referenced hereinvere approved by the Gein Lake City .Council on 15 January 2001 bx meaus.of:adoption of Resolution No. 2002-02. Supplemental feesnot stated hercin.and. as required may assessed) the City Cleric. Adopted d Updated: 22 January 2002 efile: 1*ees1201124 eftle:Resoiutions120021N62002-02, CITY OF GE1VI* LAKE RES OLUTION- NO.2002-03 22 Jalri iajry-220.02 WHEREAS; the:.CIty-:6f. Gen) Lake operates and maintains a municipal 'sanitary'seW-er as a public utility. .for the benefit of it's residents, and. WHEREAS„ the cost of operating said sanitary.sewer is deternnined..by the MetrQpolitan Council Environmental Services (MC:ES' annually based upon it`s costs of operation, and WHEREAS, current -and future maintenance. costs are the. resp jbility ofthe 'City of Gem Lake.; and WHEREAS, funding ofoperating and maintenance costs is derived from local sewer user chaijes estab..lished by resolution.of the Gem Lake City Council. NOW T14EREFO.RE BE IT RESOLVED that the City Council of tlie-City 6f.Gem-Lake. does hereby approve thee rates and fees as:'so in the City. of Gem Lake "2002 FEE SCHEDULE" fo..rthe:use of the municiipal sanitary sever system operated as a public utility.by the City of Gem .Lake, said rates to be effiwive at the gexe billing dale i'or services. ATTEST The foregoing resolution was offered by Council'Member Watson and.supported*by Cputtcil Ivleniber.Bosak and..was deelAred*adopted on n unanimous vote ofthe.City Council .1, Frederic C..Magnuson,.thieduly.quanfied City Clerk.ofthe.city ofGern Lake, CountyofRamsey, State of Minnesota; do hereby certify that the foregQing. Resolution is. a true and.accurate representation ofac06jn taicet► by the City Council. of the City of Gem Lake on the. date. first written. e-filec resolute12gOZNOj 002- 3. CCERTMED Copy V O ID CITY OF GEM LAKE VOID .RESOLUTION LSO.2002-04 Is. March 2002 A Resolution Consenting: To Chattge Of Control And Internal Restructuring Of Cable TVFranchll ee WKMEAS, the:cable. fi-ancliiseholder C Vranchisee) in the City o#Gem. Lake (" Franehisew.Attthority") is an indirect subsidiary of Al &. -T Corti. ('`AT&T"), and AT&T intends to merge with Comcast Corporation ("Comcast'.') to, create a new company to be. known as AT&T.Cotitcast.Corporatibti-("AT&T Comcast") pursuant to the terms of an Agreement and Plan of Merger dated Pe.cember 19. J0.0I by-and.:arnong AT&T. Corp., AT&T Broadband Corp., Comcast Corporation and certain of their respective a0itiates and a Sel-aration. and Distribution Agreement dated .December 19, 2001 by and between AT&T :Corp. and AT&T Broadband C.orp..(the "Merger"), and WHEREAS, prior to the Merger; ptirsifati i6 an internal corporate restructuring, the cable franchise or stock. of the Franchise, or indirect:owner%h'ip ofi the Franchisee, maybe transferred through one or more internal transfers or mergei't6 another direct or indirect subsidiary of AT&T, -or Franchisee may elect,as pennitted by law to convertor reorganize it's legal form to a limited liability Company (together with the. Merger, the "Transactions'); and WHEREAS, following the Transactions, the resulting entity will be controlled by AT&T Comeastbui will continue to operate the System and continue to hold and be responsible for. performance: of the cable franchise: and WHEREAS, the Franchise Autlority has reviewed. the Transfer Application; ftainined the Iegal,:financial. and technical qualifications.of.A'T 8.'r Comcast, followed all required. procedures. in order to consider and act upon the Transfer Application, '... and considered the comments of all. interested. parties; and WHEREAS. the Franchise Authority is willing to consent to the Transactions:: NOW THEREFORE 13.E 1T RESOLVED AS FOLLOWS: SEC710N 1. The Franchise Autiibrit Adrebyconsents to the Transactions in accordance with the terms of the ca4le franchise And applicable law; and S>1t TIQN 2. 1`his. Restilution.shall be deemed effective upon.adoption; and SECTION 3. This Resolution shall have the force ofa continuing:agreentent*witir Franchisee and AT&;TComcast, and Franchise. Authority shall not amend or otherwise alter• this Resolution without the consent of the Franchisee .arAT&T Comcast. ATTEST T'he foregoing. resolution was offered by Council Member and.supported by Council Member _. and. ryas declared (adopted)*on a (unanimous} vote of the City. Council, i, Frederic C. Magnuson, the-dulj+qualified City Clerkoftfie City ofGem Lake, Cotlnt�*of.Ramsey, State of.Minnesom, dalzereby certify thatthe:foregoing Resolution is a true'and.accumte representation ofaction takep.by.the;City Council offhe City :orGem Lake on the;datip irst..written, s--T Frederic C. Magnuson, City Clerk Date e=tile: resoluW2002Wo2002-04 CERTIFIED COPY RESOLUTION NO.2002-05 RESOLUTION RELATING TO A MULTIFAMILY HOUSING DEVELOPMENT TO -BE ACQUIRED, OWNED AND OPERATED BY BOULDER SENIOR LIVING, tLC,. A MINNESOTA LIMITED LIABILITY COMPANY; AND THE ISSUANCE OF REVENUE BONDS TO FINANCETHE COSTS THEREOF UNDER MINNESOTA STATUTES, CHAPTER 462C;.AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO, ESTABLISHING' COMPLIANCE WiTH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE -OF 1986, AS AMENDED, AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED bythe City Coim:61(the "City Council").ofth6 trity of Gem Ldke,.Minnesota.(th.e"City"), as follows: Section I,, Recitals. 1.01.. The Cityis a statutory city duly organized and existing. under theConstitpt ott and laws of the. State of Minnesota. 1.02. Pursuant to Minnesota Statutes, Cltapter462.C, as amended (the "Act"),.the City is. -authorized to carry out the public. purposes described. in the. Act: by.providing for the issuance pf revenue bonds to provide funds to finance oT retinance multifamily housing developments located within the City.or another municipality, The:governing body o.f the nitmicipality or pMevelopmentagencyinust conduct a public. hearing on the proposal to undertake and finance the project. Notice of the time and place of hearing, and stating the general nature of the.. project and all estimate. of the principal antountof bonds or other obligations to be issued to finance the project, must be -published at least oncenot less than fourteen days nor niore than thirty days prior.to the'date fined for the hearing, in the official newspaper and a iievN spaper.of.general circulation.:of the municipality. 1:03.. .Purstiantto Minnesota Statutes, Section 471.59, as amended (the "Joint Powers Act"), two or more �.t overnmental units, by agreement entered into through action of their governing bodies, may jointly -or cooperatively exercise ariy power common to the contracting parties orally similar powers, including those which are the same except for tite territorial limits within which they rnaybe: exercised. 1.04. Boulder Senior Living, LLC,. a Minnesota limited -liability company (the "Borrower"), the sole member of which is. W.edunt Foundation, a Minnesota. nonprofit corporation (tile "Foundation"). or a related or successor entity, has proposed that the City, pursuant to the Act and the Joint Powers Act,. issue its revenue bonds iniho approximate aggregate principal. amount .not to exceed $ 1.0,000,000, it one or more.seriesat one: time or from .time to time (the "Bonds"), tite proceeds ofwhich will be loaned by the City to.the.Borrower to be..applied by the.Borrowerto finance the acquisition, construction,. and equipping of a ninety-four (94) unit senior independent Iiving.muldfamily rental housing. development known as "The.Boulders" (tile. "Project"), to be located.at 3:555 Willow Avenue in the City of White Bear Lake; Minnesota ("White Bear Lake"),adjacentto the. City. The Borrower wil I apply the pmceedsof the loan to the costs of the acquisition, construction, and.equippingof the Project,.establisliina.oiie ormore re servesand the pjyrj,entof certain costs .related to the issuance. of the Bands.. 1.05, At the request of the.Borro`wer ond:with:the. cotisentof White.Bear Lake, the City proposes to issue the Bonds uridei the Act pursuant to a. joint powers agceem6nt:betwee6 the City and White Bear Lake to finance the Project. -1- 1.06. White Bear Lake has prepared a housing program (the "Program" or the: Housing Prograrii"), with respect to the acquisition; construction; and equipping of the Project. White. Bear Lake has conducted a public hearing on the Housing Program, following publication of notice at least fifteen days prior to thedate of the White Bear Lake public hearing:.all in conformance with the requirements ofthe.Act. The Housing Program Wa§.prepared acid submitted to the metropalitan.Coubeil for its review in accordance with the requirements ofihe�Act. The preparation of the Housing Program and- the subriiission. of the Program to the. Metropolitan Council was ratified, cotiPtnned, and approved, w.idiout:atnefidment: by the City Council of White Bear Lake: 1.07, Under Section 147(f) of the internal Revenue Code of 1 "6, as amended (the "Code''), prior to the issuance of the Bonds a public hearing duly noticed must be held by the City. Council. Section 2: Preliminary Findinzs.. Based on representations made .by the Borrower to the City Iodate, the: City Council of the:City hereby makes -the fallowing.preliminary findings, dq� rminations,:and declarations; (a) The Project consists ofasetiior-independentlivingmpldfam lyTental housine.developmentdesigned .and intended to be used ,for rental. occupancy... (b) The proceeds ofthe Bonds wilt be loaned.to1he- Borrowerand the..proceeds of the loan will be applied -to rile acquisition, construction, and. equipping of.the Project,. to establish one or more rese yes:for the Bonds and the Project, and to the payment of costs related to the. issuance .of the Bonds. The City will enter into a Loan Agreement with the Borrower requiring loan repayments frotn.the.Borrower in amounts sufficient to repay then loan when due and requiring: the Borrower.to pay all costs of'maintaining-mid insuring the* -Project, .including taxesAlereon.. {cy The issuance -:of. the. Bonds to finance all or a portion of the *Wsts of the Project is in file public interest. (d) The Bonds will be limited obligations of the .City payable solely from the revenues pledged to the payment thereof, and will..not be.a general or moral obligation of or be secured by the. full faith and credit or taxing holders of the Ci(y.. Section.3. Public Hearing, J.01. The City Council of the City s Wl meet:at 7:00 pain. on Monday, April 15, 2092, to conduct a public hearing with. respect to.the proposal to. issue the Bonds,as requested by the Borrower, �'.02. it shall be the .8orrower's.respgnsibility to publish notice of the hea;ittg in substantially the form attached hereto as Exhibit A in a newspaper ofgeneral cwgt lgd9nJrrthe Cityonce,.at least fifteen days prior to the date of the public hearing. Section 4.. Preliminary Anaroval. 01. Subject-wtlie.public hearing to be. held. in accordance With Section 3 hereof, and subject to the:ternis of Section 7 hereof, this City Council hereby gives pre lilil i naryapprovatto theUsuance of the Bonds i6theapproximate aggregate principal amount not to exceed $10,000,000 to finance all or a portion of.the costs of the Project pursuant to the .Housing Programof tile. City of White Bear Lake, subjectto final approval following. the preparation of bond documents. and subject to.a final determination by this Council that.the financing-ofthe Projedt and the issuance of the Bonds are in the best1nterest of the City. The City hereby authorizes the preparation of alpitil powers agreement in consultation with officials of White` Bear Lake. -2- .8ection 5.. Reimbursement of Costs under the Code S-:O I .. The..l ni. ted States Department of the Treasury has promulgated final. regulations.governidg.the.use. of the proceeds of tax=exemptbonds, all or a -portion of which are to be used to reimburse the. .City or a borrower:from the City for project expenditures..paid prior -to the date of issuance of such bonds. Those regulations (Treasury Regulations; Section. l .150-2) (the "Regulations") require. that the City adopt a statement of official. intent to reimburse an original expenditure not laterthan.sixty days after paymentofthe original expenditure; Tlie.Regttlations also.geitorally require. that the bonds be. issued and the reimbursement allocation made from tite proceeds of the:bonds occur within eighteen months:after the later of (i) the date the expenditure is paid; .or (A) -the. -date the project is placed in service or abandoned, but in no event more *th n three years after the date-theexpenditure is paid. The. Regulations. generally Perin it :reinibut'sement of`capital expenditures and:bosts of -issuance of the bonds. 5.02. TO..I e.extent anyportion.of die proceeds .ofthe Bonds will be applied to expenditures with respect to the Proiect, the City reasonably expects to reimburse the Borr6wr for the expenditures made. for costs of the Project from the proceeds of the Bonds after the date. of .payment of all or a portion of such expenditures, All reimbursed expenditures shall be capital expenditures, a cost of issuance of tile. Bonds,. or other expenditures eligible for reinibuisentent:under Section -L-150-2(d)(3) of the Regulations and also qualifying expenditures tinder the Act. 5.01. Based on representations by the Borroiver;-other than (i) expenditures to.be.paid.or reimbursed.from miurces other than the Bonds,.(ii) expenditur4 permitted to -be reimbursed. under prior regulations pursuant to the transitional provision contained .in Section .1.150-20)(2){'iX.B) of the Regulations, (M) expenditures constitutint; pre Iiminaiyexpend itureswithinthe. mean 1ngofSection 1.i5Q-2(t)(2)ofthe.Regulation.s,.or.(iv)expenditures ina"de m:inin,us" ainount(as defined in Section 1..1`500-2(f)(I) of.the Regulations), no expenditures with respectto.the Project have .been made: uy. tlie: Borrower more than sixty days,ltefore the. date of adoption of thisresoltitipm 5..44.. Based on representations by.tfig Botrowerr.as of the date hereof, there are no .funds of the Borrower* reserved, al located on:a long teen -basis or otherwise set aside (or-reasonablyexpected to be reserved, allocated fin a Inng-term basis or otherwise set: aside) to provide permanent finaneing%r theexpenditures related to the Project to -be financed 1i om proceeds of the Bonds, other than Pursuant to the issuance of the Bonds. This resolution; therefore; is determined to be consistent With the.budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the. date Hereof.. Section.6.. Costs. 6,01. The Borrower will pay all administrative fees of the City.and pay, or; upon demand., reimburse the City for paymentof .any and All costs.incurred by the City in connection with the Project and.die.issuance:of the Bonds; whether or not the Bonds are issued. 6.02 The Borrower or the Foundation will deposit a check:.jn the amount -of $5,000 (the "Initial Deposit") with the City Clerk (tile "City Clerk") of the. City. The Initial Deposit will be used. by the City to cover .its adniin istt-ative and staff costs, -but not the adm inistrative.fee;xelated to the issuance ofthe Bonds. The .Botrower further agrees to. deposit additional sums, if needed, with the.City.Clerk- if the Initial Deposit is, insufficient to-fUljycover the ,a im inistrative and.statTcosts of the City. Tlte. City will refund any part ofth.e.Initial Deposit to the Borrower That is not required to cover administrauve*and staff costs. of the City. Section 7. Commitment Conditional. 7.01. Theadoption of this resolution does not constitute a guatintet ora firm commitmeiitthattlie-City will :isspe-tlie Bonds.as requested. by the Borrower.. If, based on comments received at the public hearing to.belie.ld pursuant to this resolution, or other information made available to or obtained by the City during its review of the Project. it appears that the Project or the issuance of.Bonds to finance the costs thereof is:not in the public interest or inconsistent with tli.e.purposes of the Act,. the City reserves the right not to give final approval to the issuance of the Bonds. The City also retains the right. in its. sole discretion, to withdraw fronpticipation and.accordinglynot issue the Bonds should the:City.Council, at anytime prior to the issuance thereof, determine that it iS-in.the best interests of the City .not to issue -3- the Bonds or.should the parties to the transaction be unable to reach agreement a$ to the terms and conditions of any of the documents. for the. transaction. Section 8. Effective. Date. 8.01. This Resolution shall be. in..£ull force.arid effect..from and.:after its passage. Adoptca..bythe City Council of the City of Gem Lake,. Minnesota., on this I Sth day of March, 2002. CITY' OF GEM LAKE Paul R. Eme6t4 Mayor ATTEST The foregoing. resolution was offered by Council .Member ..IC.O and supported by Council Member BIRKEBAK:aitd was..declared (adopted) on a 5 Aye, 0 Nay 0 Abstain vote of.the City Council. 1, Frederic. C. Magnuson, the duly qualified City Clerk of the City of Gem.Lake. County of Ramsey, State of N4innesota, do hereby certify that the` foregoing. Resolution is a true and.accurate representation of action taken by the C icy Council of the City of Gein.Lake .on the date first written. Frederic C. Magnugon; City Clerk CERTIFIED COPY etlIC-Rcsul ulibj*�200$1No2002-05 f Bond sllVedtmnlRcr.Nb20O2-Qi 4- EXHIBIT "A" NOTICE OF PUBLIC HEARING CITY OF GEM LAKE, RAMSEY COUNTY; MINNESOTA PUBLIC..NOTIC.K NOTICE OF.P.UBLIC HEARING ON ISSUANCE OF REVENUL" BONDS. To .FINANCE TH.E ACQUISITION, CONSTRUCTION AND EQUIPPING OF A MULTIFAMILYSENIOR 14OUS..ING DEVELOPMENT UNDERM.I.NNESOTA :S'1'ATUTP, CHAPTER. 462C NOTICE.I:S r4EREBY GIVEN tGhafihe:Gein Lake City Council (the `SCouricil") will hold a:.public hearing on Monday. April 1.$, 2002,.at 7 bO+p:m, in:the first floor meeting room ofTousley Ford Located at 1493 East County Read E in Gem :bake, Minnesota, to: consider the issuance istrevenue bonds under Minnesota Statutes. Chapter 462.C, as amended (tlie "Act") the proceeds of whiclt will, be loaned by the City to tlie.13orrow e.r to be -op plied lty the. Borrower (defined below) to finance the acquisition, construction, and. equipping. of a ninety4our (94) unit'senior independent living multifarnil.y.rental housing development known as. "The Boulders" (the "Project" ), to be located at 3555 Willow Avenue.in the City of White Bear Lake; Mirnesota and related costs. The Project xviil be owned by Boulder Senior Living, LLC:, a,Minneso.ta limited liability company (the "Borrower") the sole member of which is Wedum Foundation, a Minnesota nonprofit corporation (the "Foundation")'or a related or successor entity. At -the public hearing, the Council will consider adoption of a resolution giving preliminary approval to the issuance of revenue bonds1d finance the .Project: Tlie.aggreegate face .ambunt of revenue bonds proposed to be issued to finance the .Project is presently estimated not to exceed S 10,000,000. The revenue bonds will be issued by the City of Gem I ake (the "City") and will be limited obligations.of the City payable solely from the .revenues. pledged to the payinont thereof, and. will not lie a general or moral obligation of the City or be secured by the full faith and credit or taxing Bowers of the .City: Ail persons interested may appear and be heard- at1he.time and place set forth abovebr may- file, written cumnients.with the City Clerk priorto the date of the hearing set: forth above. Published in the. White Bear Press on 27 March 2002 For The City. of Gem Lake, Ramsey County; Minnesota ..W Frederic C. Magnuso6, City Clerk eGle: L,eg JU>mss12002;!v�ticet1207..�ypJ =$- CITY OF GEM LAKE RESOLUTION NO.2002-06 19 MARCH 2O02 f A :RESOLUTI.ON REPLACING RESOLUTION NO. 200048.; AND ADOPTING [+ 'MINNES.OTA STATUTES CHAPTER 13, 'THE MINNESOTA GOVERNMENT :DATA. PRACTICES ACT"; APPOINTING THE CITY CLERIC AS PERMANENT "DATA PRACTICES'CO.MPLIANCEOFF:ICIAL"FOR.THECITYOFGEMLAKE AND ADDING THE REQUISITE. DUTIES TO THE, JOB DESCRIPTION OF THE CITY CLERK. WH.EREAS,.Minnesota Statutes Chapter 13 governs the City with. respect to "Government data"; and WHOCAS, Minnesota Statutes, Section I1..QS Subd. 13 specifically requires that the City appoint city employee to act as data pl actices compliance official to receive: questions. or concerns regarding problems in obtaining access to data or other data Practices Within the city; and WHEREAS, the city council acknowledges the concern expressed -by the Legislature about access to ditty dataand wishes to Satisfy this concern by immediately appointing.a qualified data practices compliance official as required under the statute;:and WI-IEREAS, the City of Gem Lake desires-t6cd6firm it's policy with respectto all data collected, created, received, maintained or disseminated. NOW THEREFORE BE IT RESOLVED, that.ihe City Council of the City of Gem Lake does hereby adopt by this reference Wtinnesota Statutes Chapter 13 (the "Minnesota Data Practices Act"), as the same may be amended.. from. time to. time; :and 11E. IT FURTH ER RESOLVED that the Cityof Gem Lake adopts the proced..ures as set forth in Minlesota Statutes Chapter I3.. as the same may be :amended•frpm time to time; to ensure. that requests for government: data are. reeeived and;cbmpiipd with in an. appropriate and prompt manner -,.and - BE IT'FtIRTHER RESOLVED that the City Councildoes: hereby appoint Frederic C: Magnuson, as City Clerk, and su:bsequentN, his successors as. City Clerk as the"data practices conioliance*official"-to receive.requests, questions acid statements k�I-concern regarding obtaining access to.as well as.pivblems in obtaining: access to. -data or otlier data practices problems: and. BE IT FURTHER. RESOLVED,..that the. duties of the "data practices compliance official" be added to'the job description of the City Clerk to insure appointments: -are automatic when new. City Clerks may be appointed in the future;. and RE IT FURTHER RESOLVED; that this Resolution No. 2002-06 replaces the City's Resolution No. 2000-08. The foregoing Resolutionwas offered by Council Member Bosak and. was supported by Council Member Watson and -%i'as-declared adopted based upon a unanimous vote. ATTEST 1. the undersibned, beittg,the duly qualified and appointed Clerk.af the City of Gem Lake,.Rainsey County, Minnesota.. tlohereby certify that I have carefully compared the attached and...foregoing extract of minutes of a regular meethid of the City Council of the City ofGenLake and tharsaid.extract is: a true and accurate -representation ofthe:intent and action taken. Frederic C. Magnuson, City Clerk Dated c-file: resolution 20Q21TW2002,06 CERTIFIED COPY CITY OF GEM LAKE RESOLUTION NO.2002-07 15 April -.2002. A RESOLUTION OF THE. CITY CUUNCI.L OF THE CITY'OF GEM..LAKE, MINNESOTA,.RATIFYING A . HOUSINC PROGRAM' OF THE CITY OF WHITE BEAR'LAKE, MINNESOTAx APTHORIZING THE ISSUANCE AND$ALE•OF REVENUE BONDS PURSUANT TOM. .INNESOTA STATUTES, CHAPTER.462C, AS AMENDED; APPROVING THE FORM *O# AND A.UTHORIZINC THE,EXECUTION AND DELIVERY OF THl? REVENUE BONDS, AND RELATED DOCUMENTS; PROVIIQINC FOR THE SECURITY, RIGHTS; AND REMEDIES WITH RESPECT TO THE REVENUE BONDS; AND GRANTING APPROVAL .FOR ENTRY INTO A JOINT POWERS AGREEMENT, AND TAK INC CERTAIN OTHER. ACTIONS WiTH RESPECT THERETO. WHEREAS; the City of Gem Lake, .Mignesota.(the "City'), is a statutory city and a: political subdivision of the State of M in newta;: and NVI-i EREAS. pursuantto the Constitution and laws.ofthe StateofMinnesota, particularly M.innesota.Statutes,.Chapter462C, as aiiiended (The ".Act"),the City is authorized.tocartyputthepublicpurposes described therein.and:co.ntempiatedtliereby by issuing iF, reVcnuc.bonds or other obligations to tnake.aloari to - inance'a.mu.ltifamily hQusing*development, iifcluding:the financing of tcosts of the acquisition and preparation of a site and the construction of a new multifamily housi.rig developmentfor rental exclusively to persons age fifty-five (55) years and older; .and WHEREAS; the Ciry. of White Bear Lake;. Minnesota ("White Bear Lake"), ii home tuiecity and a political•.subdivision of the State of Minnesota, is.also authdrizedto issue revenuebonds.pursuant to the'Act;and W H E R EA S; pursuanf to M innesotaStatutes, Section 471.59, as amended (the "Joint Pbwers Act"), the City and White $ear.Lake niay.jointly or cooperatively exercise.aity power common to the City and White Bear Lake, including those which are the same exc.cpt for the -territorial limits within which they may be exercised; and WH E.IZEAS, Boulder -Senior Living, LLC, a Minnesota limited liability company (the `!Borrower"), has requested.that the City. and White Bear Lakgeach.issue multi.familyhousing.revenue bonds underthe Act and the Joint Powers Act and loan the proceeds thereof to the Borrower tofinance.the development;acquisition;.construction, and equipping of a ninety-four(94).unitimtltir mily housing facility for rental ecelusively;to persons. -age fifty-five (55) years and older to.be located at3555 Willow Avettue.inthe City of White Bear Lake (the "Project" j; and. WHEREAS, White Bear Lake. adopted a Housing Program with.respeet.to.the Project (the."Program" ), inaccordance with the requirements. of the Act, whidh•.authorizes the issuance of up to S12,000,000 in fevenue bonds or obligations to'.finance the acquisition: construction'arid equipping.by the.$orrotver ofthe Project and the:Pirogram was submitted ta'the Metropolitan Council for its review on December 5, 2000; and WHEREAS, the-issuanceofrivenuebondsIb the City pursuanttotheActto•iiriancetheProject isconsistentwiththestatedgoals +ttl cibjeetives.of the comprehensive rmitiicipal plaii of the City ado0d4dly, 11097, as amended; and WHEREAS. folloW rg'the publication of a notice (the "Public Notice") of a puE?lic hearing...(in which. a general, functional description ofthe Project was provided; as well asthe•mAxjmum.aggregateface amountofthe. obligations to be issued with respect to the Project,. the identity of the initial owner; operator,. or manager of the .Project, and the location of the Project by U. Met address) in a newspaper circulatiiib;benerally in the City at least. fifteen (l5) days.before the.regu.larlyscheduled meeting.ofthe City C•otitrcil. of the City on April l 5,, 2002, the City Council of the. City conducted •a. public hearing at.which a reasonable opportunity was provided :for interested.individuals to express.their views, both orally and in writing, .on. the Progro ti and,the proposed :issuance of the Bonds (defined below), and the location and nature of the Project; and Page I of 4 sy0W, TI-ICREFORE, BE.. IT RESO.LVCD BY THE CITY COUNCIL OF THE CITY 0 F GEM LAKE, M7NtiESQTA, AS FOLLOWS.:. I . The Program is hereby ratified and approved in all respects without amendment.. The pribr:stibmissibit. of the Program to the Metropolitan Councii is hereby ratified and confirmed. 2. The City Clerk is hereby:authorind to do all other things and take all other actions as may be necessary or appropriate to carryout the Program in accordance with the Act. and any other applicable laws and regulations: 3. The City acknoivledgi!�, finds, determines; and declares that the issuance -of die. Bonds is.attthorized by tlie: Act and. is consistent with the: purposes of the. Act and that the issuanc& of the Bonds and the other actions of the. City under the. Indenture, the Loan Agreement, and this resolution constitute publi6purpose and are in the best interests of the City. 4. The City understands that the Borrower will pay directly or through. the City any and all costs incurred by the City, including the administrative time of City officials, iii connection with the Program, the issuance:of the -Bonds, the Pra j ect,, and any other matters directlyrelated to the-City.'.s involvement with the. Projectand. the Program; whether or not the. Project is completed, and whether .or not the Bonds: are issued. 5. in order to. assist in the financing of a portion gfthe costs of the development, acquisition, construction, and equipping .of the Project, there. is Hereby authorized the issuance, sale.; and delivery of its; (i) Senior Housing Reyenue.Bonds (Pou Iders Apartments Project), Series.2Q02A (the "Series 2002A Bonds"), in the original aggregateprincipal ainouttt of$8,134,000; (ii) Taxable Senior Housing Revenue Bottds (Boulders Apartments Project), Series 2002B (the "Series 2002B Bonds"), in .the original aggregate principal amount of $225,060, and (iii):Senior Dousing Revenue Note (Boulders Apartments. Project), Series.2Q02C (the "Note"), in'the original :aggregate -principal amount of $378,006 (collectively, the Series.2002A.Bonds, the. Series 2002.B Bonds and the Note shall: be referred to hereinatter as the. "Bonds"). T.he:$onds shal l bear interest.at the rates, shall be designated; shall be numbered,. shall be dated, shall feature, sliall be subject'to redemption pribe to: maturity,.shall be in such forth, and shall have such:otherterns. details, and prov isions as are -prescribed in the Indenture of Trust, dated as of April 1, 20.02 (the "Indenture"), between the City and U.S. Bank National Association, &nationa. 1. banking association, as trustee (the `"Trustee" ), in the forni. now iin-f le with thc: City, with tlic.an,endnients referenced liereiit. The'City hereby authorizes the Series 2002A Bonds and the Note be issued, in whole or in part, as "tax-exempt bonds" the intereston which. is not includable in.gross income for federal and *State of Minnesota. income tax purposes, A.tI oftlte provisions of the.Bonds, when executed asauthorized herein, shall be. deemed to be a part of this resolution as frilly and to the.satne extent as if incorporatedverbatim herein and shall be in full force and effect from the date of execution and delivery. thereof. The Bonds shall be substantially in the fortes in the Indenture on file with.the City, which .. fonns are hereby approved, with such necessary and appropriate variations, omissions, and iasertiotts.(i»cludingchattges to the aggregate principal amounts of.the Bonds, the stated maturities.of the: Bonds, and. the maturity dates, the interest .rates on the Bonds, and the terms ofrcdetnptionofthe Bonds), as the Mayorofthe City (the "Mayor") and the.City Clerk of the City (the. "City Clerk");. in their discretion, shall deteimine. The .execution. of the Bonds with the manual or facsimile signatures of the Mayor and the City CIer..k and the-delivery.of the Bonds by the City shall be conclusive .evidence of such determination. G.. Pursuant. to. the terms of the Indenture and the Bonds, the.principal and purchase price of, prcmiuni, if any, and interest on the Bonds; (i) shall be payable:solety,from the revenues pledged.therefor.,(ii) shall not constitute:a debt, general obligation, or a moral obligation of the City withirr-the Todaninb .of:any constitutional or statutory limitation; (iii) shall. not constitute nor give rise tog charge against the.geneml*eredit.or:.taxing powers of the City; and (iv) shall not constitute a.charge; lien, or encumbrance, legal or: equitabie,-upoh any property of the City other than the City's interest in the .Project and the Loan Agreement (defined Below). 7. 'The Indenture is hereby approved in:the fonn now on file with the City. The Mayor and the City Clerk are hereby authorized to execute and. deliver the Indenture substantially' in the fomi.now on file with the City. All oftlte. provisions. of'the Indenture, when executed as. authorized herein, Shall be deemed to be a part .ofthis resolution as fully and to the sate a eateitt as if incorporated verbatim herein and shall beitt ill force and effectft'ont the date ofexecution and delivery thereof. The Indenture shall be substantially in the form on file with the City, with such necessary and appropriate variations, omissions,and insertions as do not materially change tlie:substance thereof, or as the Mayor and the City Clerk, in their discretion, shall deterin ine,.and the execution thereof.by.the Mayor and the. City Clerk shall be conclusive evidence of such determination. Pape 2 of �4 fl. The proceeds derived from. the. saleof the Bonds will be.loaned by the City to the Borrower pursuantto the:ternts of a [,oan Agreement, dated as:of April 42002 (tire "Loan Agreement'), between the City and.the. Borrower. Q. Tlie Mayor and City. Clerk are hereby authorized and directed.to execute and deliver the Loan Agreement:, the. -Joint. ;,.:. Powers Agreement, datedAs:of April .1; 2002.(the "JoinuPowers Agreement"), between the City and White Bear Lake, and the .Bond Purchase Agreement, dated on or afterApril. l; 2002 (the "Bond Purchase Agreement"), between the City, Miller Jolinson Steichen Kinnard, Inc., as.original purchaser (the.".Original .Purchaser"), and the Borrower. Alloftlte provisions; of the Loan.Agreement, the Joint Powers Agreement, and the Bond Purchase Agreement, when executed and delivered as authorized herein;shall be deemed to be a part of this resolution as fully and to the same extent as. if incorporated verbatim, herein and shall be ill full force and effect from the date of execution and.delivery titereof The. Loaii Agreement, the Joitu'Po%vers Agreement, and the Bond Purchase Agreementshall be substantially in the forms on file with the -City, which .are hereby *approved;. with such omissions and insertions as do not materially change the. substance thereof, or as the Mayor acid the. City Clerk, in their discretion, shall.. detennine; and the execution. thereof by the Mayor and. the City Clerk shall be conclusive evidence of such determination.. 10.. The Mayor and the City Clerk of the City are hereby -authorized to execute.and del iver, on behalf ofthe City, such -other documents as are necessary orappropriate in connection with theissuance,.sale, and del ivery..ofthe..Bonds; including die City. Tax. Certificate, the Tax Exemption Agreement, the: Information: Return. -for Tax -Exempt lrrivate.Activiry Bond Issues, Form 8.038 (Rev. January241)?), and all other documents. and: certificates as: shall be necessary and appropriate in connection With the issuance, sale, and.delivery ofthe Bonds. The City hereby :approves the execution and delivery by the Trustee ofthe Indenture and all other instruments, certificates, and.docti ments:prepared its conjunction with the issuance oftlte Bottds:t}tat.require execution by tht,rruste.e. TIie.Cityhereby authori7xs Kennedy & Graven, Chartered, as bond counsel of :the City, to prepare, execute; and deliver. its. approving legal opinion with .respect to the Bonds. L. The {Miry has not participated in the preparation of the Prelitninary Official Statentent,the Official Statement, or any other disclosure documentprepared with respect to the offer and sale ofthe Bonds (collectively, the "Official Statetrient"), and has made no::.ittdependettt investigation with respect to the information contained therein, including the appendices thereto; and the City assutnes'no responsibility for.the.sufficiency, accuracy, or completeness of-sucli information, Subject to the foregoing, the City hereby consents to the distribution and the useby the Original'Purchaserin connection With the sale of the Bonds of the Official Statement, in the form on file with the City. The City hereby.approves<tlie Continuing Disclosure Agreement,.dated'as.of April 1, 2002 (the ".Continuing Disclosure Agreement"), between the Borrower and the Trustee, in the form nowon file with the City; and her.6y.4uthorizes the Trustee to execute and deliver the Continuing Disclosure. Agreement'.. 121. Except as otherwise provided in this resolution, all..rights,po..wersand..privileges.conferred and duties and liabilities. imposed upon the City or the City Council by theVrovisiottsofthis resolution or ofthe aforementioned documents.sliall be exercised or performed by the City or by such members of the:City Council, or such officers, eniployees,.board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties: No covenant,stipulation, obligation oragreementherein contained or:contained i»tht tiforementi.oneddocumentsshall be deemed ta:be-a covenant, stipulation, obligation or.agreementofany inember ofthe-City Council oftlie City, or any of(ic.er, agentor employee oftlte..City.in.-that persott's individual capacity, and neitlier'tlie City-Couiicil of tht Citydor anv.officer or.einployee.executing the Bonds: shall be liable personally oti the. Bonds or be'subject to any personal liabiI ity or accountability by reason of the issuance thereof. No provision; covenant or agreement contained:in the aforementioned documents; the Bonds.or in.any other document relating to the Bonds, and no obligation therein or herdin.iinposed upon the .Citvor the breach thereof; shall constitute or 4.;ive rise to -any pecuniary liability ofthe City or anycharge upon its.general credit or taxing powers. .In snaking the azreements, provisions, dovettants andrepresentations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues,.other than funds and revenues derived from the Loan Agreement, th.e Mortgage and the SuborditiateMortgege which are to be applied to thepaymentofthe .Bonds , as provided therein arid imtlte Indenture. t3. Uteptas.herein otherwise expressly provided, nothing in this. resolution or i.n the aforementioned docutnents.expressed or.iimplied, is intended or shall:be xonstrued to confer upon any person, firm or, corporation, otherthan the City or any holder of the Bonds issued under the provisions ofihis resolution, anyright, remedy or claim,.legal or equitable, under and by reason of thisresolution or any provisions hereof, this resolution, the aforementioned documents and.all of their provisions being. intended to bead being for:the sole and exclusive.benefit of the.City and any holder from tittle to time ofthe Bonds issued under the provisions of this. resolution. 14.. Inectse.attyone:ortttoreofthe:pmvls onsofthis.resolution;:orofthe-dodunitnts-ineritionedhetein,orditheBondsissued ..Page !of 4 hereunder shall for any reasoti beheld to -be illegal or invalid, suchillegality or :invalidity sltall riot :affect any other provision of th is resolution, or oftheaforeinentiSned-documents; be oftlteflondsi burthis resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if "such illegal or invalid provisions had not beeit contained therein, I i. The Bonds, when executed and delivered, shall contain. a recital that they are issued.pursuant to the Act, andsuch recital. sltall be conclusive evidence of the validity of the. Bonds and the regularity. of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to theadoption of this.resolution, to the issuance of the Solids, and to the execution of the: aforementioned documents to. happen, exist, and be performed. precedent to the execution. or.the aforementioned. documents have happened,. exist, and have..bee.n per as: so required by law. f6: The officers ofthe City, bond counsel, other.attorneys, engineers, and other.agents or einployees.ofthe .City are hereby authorized to do all acts and things. -required of them by or in connection with this resolution, the aforementioned documents, and.the Bonds.for the full,:punctual and complete -performance of all the terms, covenants and agreements contained in the. $onds,:the aforementioned documents and this resolution. In the event that for any reason the Mayor of the City. is unab.leto carry out the execution ofany of the documentsor other acts provided herein, an p other member of the. City Council of the:.City shall be authorized to act. in his capacity. and undertake such execution or acts on behalf of the Citywith full force and: effect, which execution or acts shallbe valid and binding anti the City. if for any reason the City Clerk of the City is unablt to execute and deliverthtdocuments.referred to in this Resolution, such documents may be executed byany tnemberofthe.City Councilor any-offlcer.of the -City delegated the duties of the City Clerk, With the same force and effect as if such documents werO executed and delivered by the City Clerk of the City. 17, PursbAnt to Section 265(b)(3) .of the Internal Revenue Code.of 1986, as amended (the "Code"), the Series 2002A Botids.. acid fete Note may be desibnated as "qualified tax-exemptobligatione' exempt front the provisions of Section 265(b)(1). and (2) of the Codeif the conditions set forth in Section 265(b)(3) of the Code are satislied: .The City makes the following factual .statements and reptesentationswith respect to the status of the Series 2002A Bonds and the Note as qualified tax-exempt obligations; (a) the Series 2002A Bonds and the Note,arc "qualified 54l(c)(3) bonds'` as defined in Secticitt 145 of the Code. .(b) the City herebydesignates the:Series 2062ABonds and tile: Note as''qualified.tax-exempt obligations" for purposes of Section.,265(.b)(3). of the Code, and the reasonably anticipated.amount of tax-exempt obIigations.(other than .private activity bonds that. are. not "qualified 501(c)(3) bonds," as defined in Section 145 of the Code, and bonds issued to refund, other -than to advance refund, any other bonds of the City to the extent. that the principal amount of the refuttding bonds does not. exceed :the outstanding amount of the.refunded bonds) which will be. issued by the. City (and all .subordinate entities of the City) during.calendar year 2002. will not exceed $10.000,000.. IS._ This resolution shall be%in full foree.and effe.c..t from and after its passage; ATTEST The fore�,oing.resolution was.ofi'ered by Council Member Bosak and *Wpported by Council Member Watson And was d c.Iared adopted on a unanitnous.-vtjte`ofthe City Council. 1. Frederic C. Magnuson, the duly qualified City Clerk of the City of 0em Lake, County of ltantsey, Stateof Minnesota., do hereby certify flint the foregoing Resolution is a true and accurate representation of action taken by the City Counc l.of tho City of Getn Lame orr the date first written: Frederic C. Magnuson, City Clerk I Date crate; iiesolutiot►sC.00� Na2Q02-Q7avpa Pale 4 of 4 CITY OF GEM LAKE RESOLUTION NO.2002-08 8 AprA2UO2 13ANKING.—PREMIER BANK W HCl2i;AS.:.tlie City Council of the City of Gem Lake wishes to make all-reasionableefforts to..insure. fiscal responsibility and appropriate inanageinent of public funds; and WHEREAS.; Premier Bank of White BearLake has indicated it's willingnesstoprovide appropriate security for.C;em Lake funds in excess of FD.tC coverage of S l 00,00OUS; and VUHEREAS,the*Caty o.FGem Lake has alK*y demonstrated* i $41scal responsibilityvifh previously invested: public. fiends. 116OLVr l), that the City Council ofthe.City of Gem Lake do. hereby authorize the City Clerk.and.the City Treasurer on behalf of'the City of 6em.Lake to establish with Premier Sank checking accounts for the.General. Fund and Sewer Fund and to transfer all pub.liq funds from :other oepo5itories'to tllese accounts at the earliest: possible date. The foregoing Resolution was offered by Council Member Igo and was Supported. by Council Member Watson and was declare4adopted. baaed upon a unanimous vote. ATTEST 1, .(lie undersigned, being the. duly qualified and appointed Clerk of the City of Gem .Lake, Ramsey County, Minnesota, do hereby ceftil'v tliat 1 have carefulIy .compared (lie attached and foregoing extract of:minutes. ofa regular meeting of the: City Council of the. City of Gein Lake and that said extractis a true and aecumte representation of the intent and action. taken. Frederic'C-Magnuson, City Clerk Dated e-file: resolu0onlarpvtno200#4# CERTIFIED COPY CITY O.F *GEM LAKE RESOLUTION NO.2002-09 17 June-2002 WHEREAS'. the Minnesota. Department of Transportation and Ramsey County have.entered into a Memorandum of Understanding which provides for the consolidation of roadway jyrisdictions in Ramsey County; and WHEREAS, the Memorandum ofUitderstanding includes a. consolidation plan, prepared in conjunction with municipalities of Ramsey Cnunty;.and WHIREA$,; the consolidation plan provides for the turn back of State Trunk Highway 244 from Trunk= Highway 61 to Trunk Higliway 116; and WHEREAS. Ramsey County intends to accept.the jurisdictional chanaeba or about June 28, 2002, and will place the2.525.mile segmenton die County State Aid .Highway.systetn. RESOLVED, the City Council of the City of Gem Lake concurs with the establishment and designation of the turnback segment .of %-ii.e Highway 244 from Trunk Highway G l to Trunk Highway 120 as.a County State.Aid Fligliway (CSAH) in Ramsey County under provisions of Minnesota Law, subject to.theapproval of the Commissioner of Transportation of the State.of.Minnesota; and FURTHER RESOLVED, that the-Chy Clerk is hereby authorized and.directed.to for►vard two certified copies of this, resolution to the Co►liniissioner of Transportation of The State of Mimiesota:.and upon his approval of the designation of the sat'.d roadway or portion thereof, that, the same be constructed;. improved, and. maintained.as a County State. Aid High%Vay in. Ramsey County, io be numbered and'kwwn as County State Aid Highway 15. The foregoing Resolution was offered by Council Mber-l3irkebakand was supported liyGouncil Metnber.igo and was. declaredadopted based upon a unanimous vote.. ATTIEST I, the undersigned, being the duly qualified and appointed Clerk of thic.City.of Gem lake, .Ramsey County., Minnesota, Y do hcreby<ertify. that I have carefully compared tiie attached and 110mgoing-extract of minutes.ofa.Fegular meeting of the City Council of -the City of Gem Lake and that said extract is a true and, aoeurate*representation of the intent and action taken. Frederic C. Magnuson; City Clerk CERTIFIED COPY e-file: resolutio4-1002ino2002-09 CITY OR GEM LAKE RESOLUTION NO.2002-10 15 JULY 2002 A RESOLUTION CONSENTING TO THE APPLICATION OF AT&T CORP. FOR APPROVAL OF THE TRANSFER. OF CONTROL OF THE CABLE FRANCHISE OF AT&T BROADBAND ANI) INTERNAL RESTRUCTURING. W.HEI->;AS, MediaOne of Ramsey Washington, Inc., dba .AT&T. Broadband,. is the cable franchise holder -("Franchisee') in the. City of Gem .Lake. ("Franchise Authority) " and is an indirect subsidiary of AT&T Corp. WHEREAS, pursuant to an Agreement. and. Plan. of,Merger. dated as .of December I9, 206C by and among jkT&T, AT&T Broadband Corp., :Comcast Corporation (`Comcast }, AT&T Broadband .Acquisition Corp., Comcast Acquisition Corp. and AT&T Comcast Corporation and a Separation and Distribution Agreement dated December 19, 2001 by and between AT&T and AT&T Broadband 'Corp:.(collectively,. the "Merger Agreement") AT&T. and Comcast intend to create.a new.contpany.to be known as AT&T Comcast Corporation ("AT&T-Comaast'); WHEREAS, prior to the above±described merger, pursuant to an internal corporate restructuring, the cable franchise or stock of die Franchisee;.. or 'indirect ownership -of the Franchisee, may be transferred through one -or more internal transfers or mergers to another direct or indirect subsidiary of AT&T, or Franchisee may elect as permitted by law to conv..ert.oir morganize its legal form to a limited liability company (together. with the Merger, the "Transactions"); And WHEREAS, following -the Transaetioris,:tlie resulting entity will be controlled by AT&T Comcast but Franchisee a=ill continue to operate the System .abd continue to hold and -be responsible for performance of the cable franchise; And WHEREAS; Franchisee and AT&T Comcast have requested that Franchise Authorityconsent to the Transactions in aecardence with.the requirements of the cable franchise and have filed an FCC. Form.394 ("Application") with the Franchise: Authority requesting such consent to the Transactions; and WHEREAS; the Franchise Authority has reviewed the Transfer Application., euaniined* the legal; financial and technical qualifications of AT&T Comcast, followed a11. re nuired.procedures in order to. consider* hnd act upon the AppIication,.and considered tile comments of all interested parties; and WHEREAS, the Franchise. Authority is willing to consent to,the.Transactions. NOW, THEREFORE, BE IT RESOLVED AS'FOI.LOWS: SECTION 1. The Franchise. Authority hereby consents to. tho Transactions in accordance with the terms of the cable franchise and applicable law and.suOjw w the .following conditions: SECTION 1.1 Neither:.the Franchise, nor any control thereof,. not the System, nor any part of the. System locate(.in the City's public.rights-of-way or on the City's proporty, shall be assigned ortransferred, in whole or in part, without fling:a written.application with the City and'obtaining the City's. prior written approval of suq transfer or assignment, but only to the extent required by applicable law.. SECTION 1.2 The City's approval. of the Transfer Application is made without prejbdice to.or waiver of, the City's right to fully investigate -and consider during anv future franchise renewal. process; a) Franchisee's financial, technical and legal*qualifications; b) Franchisee's compliance with tile Franchise -Documents; and, c) Ov other lawful relevant considerations. SECTION. I.3 After the Proposed Transactioti,.Franchisee wilI be bound'by all the cornrnin7ients,.duties and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The 'Proposed . _ Transaction will have no etl' ct on these obligations: SECTION 1.4 Nothing in this Resolution amends or alters the -Franchise Documents or any requiretments. therein in any way; and all provisions of the: Franchise Documents remain in full force and effect and are enforceable in accordance with their lenns and with applicable law.. Page 1 of 2 CITY Of GEM LAKE Resolution No...2002-10 SECTION 2. This Resolution sliall be considered a final decision on the Transfer Application within the meaning of 47 IJ.&C: § 537. SfsCTION.3. This Resolution shall. be deemed effective.upon:adoptiori. SECTION 3. This Resolution sltall have the force -of a continuing agreement with .Franchisee. aiid.AT&T Cbmcast, aitd Franchise 'Authority :shall opt antend or otherwise alter this Resolution without the. consent of 1=tarxcbisee.and AT&T Comcast. The foregoing Resolution No. 2002-10 was offered: by Council lliilember Watson and was supported by. Cbuocil Member -Igo and was declared adopted based uporr tho.folaowing vote:: NAME. 1 M EOTT WATSON : -BI7tKEBAK IGO BOSA1tC VOTE Aye Aye . Aye Aye Aye ATTEST 1. the Undersigned, tieing the duly qualified :and appointed Clerk of -the City of Gem lake, Ratnsev County, Minnesota, do hereby certify that i have carefully compared the attached and foregoing extract of ininutes of a regular meeting of the City Council of the. City of Gera fake and that :said extract is a true and accurate representation of the. intent and'action taken. rOlt THE CITY OF GEM LAKE Frederic: C. Magnuson, City Clerk CERTIFIED COPY Dated c-frly resdutioai2002W)2002,40 Page 2 of 2 CITY OF GEM LAKE RESOLUTION ,NO:1002-11 18 Novethbeir2002 Y A RESOLUTION EMPOWERING THE GEM LAKE CITY CLERK TO MAKE APPLICATION TO RAMSEY COUNTY FOR :PARTICIPATION IN FUNDING MADE AVAILABLE AS HEREINAFTER KNOWN AS "SCORE GRANT". WHEREAS, THE City of Gem Lake currently operates a Municipal Curbside. Recycling Program for all single family residences within the City; and WHEREAS, the City Council realizes that increasedlpublic awareness, education and. participation in this program is in the best interests of all: citizens and wishes to.:expand the current program Within the admin.istrative.guide.lines established for current City staff -,.and WHEREAS,, the Division'of Solid Waste of the St. Paui-Ramsey County. Department Of Public Health teas made certain funds available for qualified recycling programs'within Ramsey County. NOW, THEREFORE, 81: IT RESOLVED, that tht: City Council of the City of Genf Lake hereby empowers the City Clerk to apply annually for any and all Score Funding or other such grants as. play be,. made available from time to time by other agencies for the sole purpose -of expanding resident participation in the, Gem Lake. Municipal Recycling i'rograin; and BE IT FURTHER RESOLVED, that said funds shall be.. used. in such a manner as. recommended :by the City's Recyclingr Coordinator as.approved by,the lvity Council. The foregoing Resolution No.::200Z-I1 was offered by Council M.ernber*Watson and*was supported by Council Membcr Bosak and was declared adopted based. upon the following vote: NAME EMfJ01TT . WATSON: . BIRICEBAT�' 100. BOSAiC. VOTE Aye. Aye Aye Aye Aye ATTEST I. the undersigned; being the duty yuali.fied.aiid. appointed Clerk of the City of Gein Lake, Ramsey County, Minnesota, do hereby certify that I have carefully compared the attached and .foregoing extract bf:minutes of a regular meeting of the City Council .of the City of Gem Lake and that .said extract is a trine and accurate. representation of the intent and action taken. THE CITY OF GEM LAKE. C. Magnuson; City Clerk CERTIFIED COPY Dated e-file:. resolutionV002*20024 I Page 16f I CITY OF GEM LAKE* RESOLUTION NO. ;2002-42 16 DECEMBER. 2002 WHEREAS; the City Clerk has presented a (Proposed Budget and*(Proposed) Tax F.evy for fiscal and calendaryear?003 based upon best estimates ofcosts for.running the City of Gem Lake in 2003; and WHEREAS. these:estitnates were reviewed by the City:Council in August;2002 and November, 2002, amended based upon best inf6 miation received from.outside contractors,.and revised in Deeembetf.2002: and WHEREAS, the City Council did review the (Proposed) Budget and Tax Levy foir2003; includingall revisions thereto.as of the hate first written. NOW THEREFORE, BE IT RESOLVED, that the City. Councif6fthe City ofGemUke does, byt ieans-ofihis Resolution No: 2002-12 jormally adopt the 2Q03. General. ,Fund Budget of $206,629:and the 2003 Net Tax. Uyy &S 1.30,000 pt'ep and by the City Clerk; and BE IT FURTHER RESOLVED that the City Clerk :is charged with .Certifying said"I'ax Levy to-lkwsey County Property "f ;nation and other government bodies for whom this information. is required; and: BE IT FURTHER RESOLVED that the City Council of the City-ofGemLake does, by means. of this Resolution No.1002-12, formally adopt the 2003.Sewer. Fund Budget of S34,252 which includes development funds fo'r the.sew& being constructed on the Glue Spruce Estates subdivision.. ATTEST The foregoing resolution was offered by Council Member Watson and supported by Council Member Bosak (in absentia) mid Has declared. adopted on a unanimous Vote -of the City Council. 1, Frederic C. Magnuson, the duly qualified CityClerk ofthe City:of Gem Lake; County of Ramsey, State of Minnesota,. :lo hereby certify*that the foregoing Resolution is a true: and.accurate representation ofactionta..ken by the City Council of the City of Gein Lake on the. date first written. Frederic C. Magnuson,:City Clerk Date c-file: res�lutiam�.2Ub2�\o20(f2=12