Bjerkness, Kolodge, Langley, Maki, Manderfeld, Wilkinson, Mayor Ahlgren.

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1 17 Council Chambers, Cloquet, Minnesota 7:00 o clock P.M. February 19, 2013 Regular Meeting. Roll Call. Councilors Present: Councilors Absent: Bjerkness, Kolodge, Langley, Maki, Manderfeld, Wilkinson, Mayor Ahlgren. None. AGENDA The agenda for the meeting was presented. There being no additions or changes, the agenda was approved. MINUTES The minutes of the work session and regular meeting of February 5, 2013 were presented. There being no corrections, the minutes were approved. CONSENT AGENDA Councilor Bjerkness moved and Councilor Maki seconded the motion to adopt the consent agenda of February 19, 2013 approving the necessary motions and resolutions. The motion carried unanimously (7-0). PUBLIC HEARINGS PRESENTATIONS a. Resolution No , Authorizing the Payment of Bills. b. New License to Sell Tobacco and Tobacco Products - Walgreens. PARKS COMMISSION APPOINTMENT The City Council agreed to table action on this item until its March 5 meeting in order to interview the third candidate for the immediate vacancy. AGREEMENT WITH MN DEPT OF REVENUE FOR COLLECTION OF LOCAL SALES AND USE TAX Councilor Bjerkness moved and Councilor Manderfeld seconded the motion to approve the Agreement Between the Minnesota Department of Revenue and the City of Cloquet for Collection of a Local Sales and Use Tax. The motion carried unanimously (7-0). TELEPHONE POLICY AMENDMENT Councilor Kolodge moved and Councilor Langley seconded the motion to approve the City s amended Telephone Policy dated 2/19/13. The motion carried unanimously (7-0). EDA BYLAWS AMENDMENT Councilor Manderfeld moved and Councilor Maki seconded the motion to approve the amended EDA Bylaws dated 2/19/13. The motion carried unanimously (7-0).

2 18 PURCHASE VACTOR JET RODDER Councilor Manderfeld moved and Councilor Kolodge seconded the motion to authorize the purchase of a Vactor Jet Rodder from MacQueen Equipment in the amount of $354,552. The motion carried (6-1) with Councilor Langley opposed. CITY COUNCIL RETREAT The City Council agreed to table action on this item until a future meeting when new potential meeting dates can be presented. LAW ENFORCEMENT ANALYSIS REQUEST FOR PROPOSAL City Administrator Fritsinger provided a brief synopsis of his thoughts regarding a law enforcement analysis RFP. The Council was asked to provide feedback on the intent of the study. The City Council agreed that a broader study, beyond shared services, would be appropriate. Mr. Fritsinger noted that he would have a draft RFP for consideration by the Council on March 5. HADC CLOQUET TAX EXEMPT REVENUE BONDS REFINANCING (EVERGREEN KNOLL) Councilor Wilkinson moved and Councilor Manderfeld seconded the motion to adopt RESOLUTION NO , GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF BONDS FOR THE REFINANCING OF OUTSTANDING BONDS FOR A MULTIFAMILY INDEPENDENT LIVING FACILITY PRIMARILY FOR ELDERLY AND DISABLED PERSONS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING. The motion carried unanimously (7-0). WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, the City of Cloquet (the "City") is authorized to issue and sell revenue bonds for the financing, acquisition and construction of multifamily independent living facilities primarily for elderly and disabled persons; and WHEREAS, the City desires to issue its revenue bonds to finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 462C on behalf of HADC Cloquet, LLC, a Minnesota limited liability company (the "Borrower"), whose sole member Housing Alternatives Development Company, a Minnesota nonprofit corporation and a tax exempt charitable organization under Section 501(c)(3) of the Internal Revenue Code, consisting of (i) the refinancing, by a current refunding, of the outstanding principal amount of the City's Housing Facility Revenue Refunding Bonds (HADC Cloquet, LLC Project), Series 2005A, dated June 30, 2005, originally issued in connection with the Borrower's Fourteenth Street in the City and 24-unit senior independent living facility, including community room, known as Evergreen Cottages located at Maplewood Avenue and Fourteenth Street in the City; and (ii) providing permanent financing for the acquisition, construction and equipping of certain capital improvements to the Borrower's senior assisted living facility and senior independent living facility; and WHEREAS, Minnesota Statutes, Section 462C.04 requires the adoption of a bond financing program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing; and WHEREAS, the form of Notice of Public Hearing is attached hereto as Exhibit A and the form of multifamily housing bond financing program, is attached hereto as Exhibit B (the "Program"); and

3 19 WHEREAS, Minnesota Statutes, Section 462C.04, Subd. 2 requires any program for the issuance of housing revenue bonds to be submitted to the applicable regional development commission where one exists on or before the date the notice of public hearing is published and the Arrowhead Regional Development Commission is the regional development commission whose area includes the City; and WHEREAS, the Program provides for the issuance by the City of housing revenue refunding bonds, in an aggregate amount presently estimated not to exceed $10,500,000 (the "Bonds"); and WHEREAS, the City is authorized to issue bonds for any of its corporate purposes, including financing the Project pursuant to the Program, under Minnesota Statutes, Chapter 462. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLOQUET THAT: 1. The City authorizes the publication of the Public Hearing Notice in the form attached hereto as Exhibit A in the official newspaper of the City to be published at least fifteen days prior to the public hearing on the Program which shall be scheduled for 7:00 p.m. on March 19, The City approves the form of the Program in the form attached hereto as Exhibit B and authorizes the distribution of the Program to the Arrowhead Regional Development Commission 3. The City hereby preliminarily approves the issuance of the Bonds and authorizes the City Administrator, Finance Director and City Attorney to work with and assist the Borrower in the preparation of the necessary bond financing documents. EXHIBIT A CITY OF CLOQUET, MINNESOTA NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS Notice is hereby given that the City Council of the City of Cloquet, Minnesota (the "City") will meet at the City Hall, 1307 Cloquet Avenue, in Cloquet, Minnesota, on Tuesday, March 19, 2013, at 7:00 p.m., to hold a public hearing to consider the proposal of HADC Cloquet, LLC, a Minnesota limited liability company (the "Borrower") whose sole member is Housing Alternatives Development Company, a Minnesota nonprofit corporation and organization described under Section 501(c)(3) of the Internal Revenue Code, that the City assist in financing a project hereinafter described pursuant to Minnesota Statutes, Section 462C, by the issuance of one or more revenue bonds. The Project consists of (i) refinancing the outstanding principal balance of the City s Housing Facility Revenue Refunding Bonds (HADC Cloquet, LLC Project), Series 2005A, originally issued in connection with the financing and refinancing of a Fourteenth Street in the City and a 24-unit senior independent living facility, including community room, known as Evergreen Cottages located at Maplewood Avenue and Fourteenth Street and immediately adjacent to Evergreen Knoll in the City and (ii) providing permanent financing for the acquisition, construction and equipping of certain capital improvements to the Borrower's senior assisted living facility and senior independent living facility. The Project is and will be owned and operated by the Borrower. The maximum aggregate estimated principal amount of the obligations to be issued to finance the project is $10,500,000. The obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City, except the revenues of Project, and such obligations will not be a charge against the general credit or taxing powers of the City, but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. A draft copy of the proposed is available for public inspection during normal business hours, Monday through Friday, at the City Hall in the City. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal.

4 20 EXHIBIT B CITY OF CLOQUET, MINNESOTA HOUSING FINANCE PROGRAM HADC CLOQUET, LLC This housing finance program is undertaken by the City of Cloquet, Minnesota (the "City") to finance or otherwise assist the multi-family rental housing program described herein (the "Housing Program"). All statements of fact and representations in this Housing Program are based solely on information provided to the City and representations made to the City by HADC Cloquet, LLC, a Minnesota limited liability company (the "Owner"). The Project (as hereinafter described) will be financed by an issue of revenue bonds pursuant to Minnesota Statutes, Chapter 462C, issued by the City. The Project will be undertaken to further the policies and goals stated in the City's Housing Plan. The Project consists of (i) refinancing the outstanding principal balance of the City's Housing Facility Revenue Refunding Bonds (HADC Cloquet, LLC Project), Series 2005A, originally issued in connection with the financing and refinancing of a Fourteenth Street in the City and a 24-unit senior independent living facility, including a community room, located on Fourteenth Street south of Maplewood Avenue and immediately adjacent to Evergreen Knoll in the City and (iii) providing permanent financing for the acquisition, construction and equipping of certain capital improvements to the Owner's senior assisted living facility and senior independent living facility. The Project will be available for rental to the general public, and will be operated only as a rental housing facility for the term of the revenue bonds. The monthly rental fees in the 24-unit independent living facility are expected to be approximately between $1600 and $1850 for a two-bedroom unit. The monthly rental fees (including certain services) in the 54-unit assisted living facility are approximately between $1900 and $2200 for a one-bedroom unit and between $2400 and $2700 for a two-bedroom unit. The City will issue revenue bonds to finance and refinance the Project and related projects in a principal amount not to exceed $10,500,000. The Owner of the Project will be required, pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on all such revenue bonds. The revenue bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the revenue bonds. Substantially all of the net proceeds of the revenue bonds (the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the revenue bonds) will be used to pay the costs of the Project, including any functionally related and subordinate facilities. The Project will be operated as a senior multifamily rental housing development within the meaning of Minnesota Statutes, Chapter 462C. The Owner of the Project will enter into agreements requiring compliance throughout the term of the revenue bonds (or for such longer period as may be required by law) with the requirements of state law. Construction of the Project has been carried out in accordance with applicable land use and development restrictions, and construction of the Project was subject to applicable state and local building codes. The Project is consistent with the City's Housing Plan under Minnesota Statutes, Chapter 462C. The Owner of the Project will be required to operate the project in accordance with state and local antidiscrimination laws and ordinances. The costs of the Project and the program of financing the Project, including specifically the costs of the City generally, will be paid or reimbursed by the Owner of the Project. SCHEDULE HEARING ON PROPOSED ASSESSMENTS FOR 18TH STREET RECONSTRUCTION PROJECT Councilor Bjerkness moved and Councilor Kolodge seconded the motion to adopt RESOLUTION NO , RESOLUTION FOR HEARING ON PROPOSED ASSESSMENTS FOR THE 18 TH STREET UTILITY AND STREET RECONSTRUCTION PROJECT TO INCLUDE 18 TH STREET FROM WILSON AVENUE TO PROPECT AVENUE AND PROSPECT AVENUE FROM 18 TH STREET TO 20 TH STREET. The motion carried unanimously (7-0).

5 21 PUBLIC COMMENTS WHEREAS, In 2012, the City Council received an engineering study to reconstruct 18 th Street from Wilson Avenue to Prospect Avenue and Prospect Avenue from 18 th Street to 20 th Street, including the replacement of existing sanitary sewer and water mains; and WHEREAS, The Cloquet City Council on March 20, 2012, held a hearing to consider the improvement of this section of 18 th Street and Prospect Avenue; and WHEREAS, Said improvement was subsequently ordered and completed and the City has prepared a proposed assessment roll which is available in the office of the City Administrator for public inspection. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA: 1. A hearing shall be held on March 19, 2013 in the City Council Chambers at 7:00 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper as required by Minnesota Statutes and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll as required by Minnesota Statutes. Jason Johnson and Daryl Clark addressed the Council regarding payment on a Small Cities Development Program project at Chef s Marketplace. The payment request was submitted later to the City and did not make the bills list and they were hoping the Council would authorize the $11,450 payment. Mr. Fritsinger provided background to the Council. Councilor Manderfeld moved and Councilor Langley seconded the motion to approve the payment to Clark Builders, LLC in the amount of $11,450 subject to verification with Lakes and Pines. The motion carried unanimously (7-0). COUNCIL COMMENTS On motion duly carried by a unanimous yea vote of all members present on roll call, the Council adjourned. Brian Fritsinger, City Administrator