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12/07/1982 - City Council Regular- "..."'AWE -RDA _,.__..-- REGULAR MEETING EAGAN CITY.COUNCIL EAGAN, MINNESOTA CITY HALL DECEMBER 7, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS 9be \ A. Fire Department eo94\ C. Park Department B. Police Department W�N D. Public Works Department IV. 6:55 - CONSENT ITMES (One motion approves all items) `Roost. 3 A. Conditional Use Permit Renewals for November & December Q• 3 B. Annual Planned Development Reviews P•Pr C. Trading of Assets/Park Site Acquisition & Development Fund & Consolidated Debt Service Bond Fund D. I-35E/Lone Oak Road, Approve MnDOT Plans & Specifications (Interchange & Frontage Roads) Q. 5 E. Consideration of 1983 -Consulting Engineering Fee Schedule Q 1 F. Approval of Warming House Attendants for 1982-1983 Winter Season V. 7:00 - PUBLIC HEARINGS 9 A. Senior Citizen/First Time Homebuyer Program (Dakota County ?I HRA Mortgage Revenue Bond Program) ?.30 B. Federal Revenue Sharing Proposed Use VI. OLD BUSINESS A. Temporary Advertising Sign for Gabbert Development Company at Pilot Knob Road and Wilderness Run Road -33>B. Ordinance Adopting a Codification of All Ordinance of the City of Eagan 3(o C. Review City Hall Plans P• VII. NEW BUSINESS P,3 A. North Star Transport, Inc., Robert Sack, for a Conditional Use Permit to Allow Outside Truck Storage on Lots 1 & 2, Block 4, Eagandalc Center Industrial Park #3 p 4 s B. Joint Burnsville/Eagan Cable Television Commission Recommendation to Consider Adoption of a Joint Powers Agreement Eagan City Council Agenda December 7, 1982 6:30 P.M. Page Two VIII. ADDITIONAL ITEMS f.s S A. Contract 82-14, Receive Bids/Award Contract (Safari Water Reservoir) .5'7 B. Joint Cable Television Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTATOR HEDGES DATE: DECEMBER 3, 1982 SUBJECT: AGENDA INFORMATION After approval of the November 16, 1982 regular City Council minutes and special City Council minutes for the November 4, November 23 and November 30 meetings and the December 7, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT' HEAD BUSINESSi FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- As a part of the administrative packet to be distributed on Monday, December 6, 1982, there will be an item for discussion relating to snowmobile trails. The Director of Parks & Recreation has met with the snowmobile association and will be discussing altenatives regarding the inner city movement with the Advisory Parks & Recreation Committee. Additional informa- tion on this item will be made available Monday. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 2978, Final Assess- ment Roll Revisions -- As the Council may recall, on ovem er , the City Council formally held the final assessment hearing for several property owners who had submitted written objections and/or formal appeals to the Blackhawk Lake trunk storm sewer assessment. At this reassessment hearing on November 9, only two major property owners continued their objections, Mr. Jim Horne (Horne Development Corporation) and Mr. & Mrs. Floyd Bryant. Based on the written objections that were received on November 6, the public hearing for these final reassessments was continued until December 21 to allow adequate time for property appraisal work to be performed. Detailed research by the engineering division has indicated that the property owned by Floyd and Victoria Bryant in the Northwest quadrant of the intersection of Deerwood Drive and Pilot Knob Road (10 acres) does not lie within the general drainage basin for Black - hawk Lake. As such, this property does not contribute any surface Agenda Information Packet December 7, 1982 City Council Meeting Page Two water runoff into this drainage basin. It was originally included with the original assessment schedule because of the City's past policy to try to incorporate all properties within at least a quar- ter section boundary to try and maintain uniformity in levying the City's trunk area assessments. However, detailed topography review indicates that it would be difficult to justify a trunk area storm sewer assessment to this property which lies outside of the drainage basin. This property generally drains to the east of Pilot Knob Road and is ultimately serviced through Patrick Eagan Park to Hurley Lake and ultimately through Fish Lake and Blackhawk Lake. However, substantial additional trunk area storm sewer im- provements will have to be installed at a later date before we would incorporate this ten acre parcel in a future assessment hearing. Therefore, the Public Works Director and City Attorney are recom- mending that the City Council take formal action at the December 21 Council meeting to delete Parcel #10-02100-010-04 from the final assessment roll for Project 297-R. In addition, the City Attorney and Public Works Director have met with the selected real estate appraiser for the Jim Horne property. We have received a written estimate of $3,500 to perform the proper- ty appraisal for the Jim Horne property. This will be broken down into $155 per platted lot within the Kingswood Addition and $1,500 to the remaining twenty-seven acres of undeveloped property. There- fore, at the December 21 meeting, the staff will be recommending a revised assessment roll, increasing the proposed final assessment to incorporate the estimated appraisal costs. In addition, the City Attorney will be discussing the feasibility of holding this final assessment hearing for Jim Horne on a separate night.at a special council meeting instead of at a regular Council meeting due to the anticipated time expected for the City to present testi- mony and facts supporting the proposed final assessment figures. There is no formal action to be taken by the City Council on either of these items at this meeting. However, discussion pertaining to these items will assist the staff in proceeding with the appro- priate action at future Council meetings. 7 Agenda Information Packet December 7, 1982 City Council Meeting Page Three 1. CONSENT AGENDA, There are six (6) items to be considered under the agenda referred to as Consent Items which one motion for approval of all items. If there are any items the City Council wishes to discuss in detail, those items should be placed under Additional Items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals for November and December - Three (3) conditional use permits are in order for annual review and renewal consideration. Those conditional use permits are as follows: Dakota Homes, located at 3660 Dodd Road, for a sales lot; John Bushnell, at 4890 S. Robert Trail, for a temporary building; and Mary Schmidt, 1080 Lone Oak Road, for a Montessori School. All three (3) conditional use permits have been reviewed by the City staff and are found to be in compliance with the origi- nal intent of the conditional use approvals. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the conditional use permit renewals for the months of November and December. ANNUAL PLANNED DEVELOPMENT REVIEWS B. Annual Planned Development Reviews -- The Advisory Planning Commission and City Council held a joint meeting on November 30, 1982 at which time seventeen (17) planned developments were reviewed in detail. There were two planned developments that required changes and therefore could not be considered for annual review approval. New public hearings will be scheduled to consider the changes required and to further consider the planned developments for Cedar Cliff Commercial Planned Development and South Delaware Hills Planned Development. The other fifteen planned developments listed as follows: 1. Cinnamon Ridge Planned Development 2. Duckwood Trail Planned Development 3. Blackhawk Park Planned Development 4. Eagan 40 Limited Partnership 5. Bicentennial Planned Development 6. Gopher -Eagan Planned Development 7. Winkler/Jackson Planned Development 8. Mission Hills Planned Development 9. Lexington South Planned Development 10. Eagan Hills West Planned Development 11. Plainview Planned Development 12. Pilot Knob Heights Planned Development 13. Galaxy Park Planned Development 14. Blue Cross -Blue Shield Planned Development 15. Briar Hill Planned Development 3 Agenda Information Packet December 7, 1982 City Council Meeting Page Four Developers were present to review many of the aforementioned planned developments and in some cases stated that they would be proposing changes in the future; however, at the present time, the planned development could be approved as it is recorded with the City of Eagan. The Advisory Planning Commission is recommending approval of all fifteen (15) planned developments listed above for the re- quired annual review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Advisory Planning Commission to approve the annual review for the 15 planned developments listed above. TRADING OF ASSETS FOR TWO CITY FUNDS C. Trading of Assets/Park Site Acquisition & Development Fund & Consolidated Debt Service Bond Fund -- Currently, the Park Site Acquisition and Development Fund shows a special assessment receiva- ble balance totalling $2,483.02. It is the opinion of the Director of Finance and the City's auditing firm, Wilkerson, Guthman & John- son, as well as an independent reviewed, that this fund type be changed for reporting purposes and that it is not appropriate to show special assessment activity in the Park Site Acquisition and Development Fund. The Director of Finance is requesting that these special assessments be traded to the Consolidated Debt Service Bond Fund for cash to eliminate the accounting problem. The dollar amount is immaterial to both funds and consequently would have little financial impact on either one. The assets in the Park Site Acquisition and Development Fund and Consolidated Debt Service Bond Fund do not change; it is merely a trading of assets. Anytime assets are traded or transferred from a particular City fund, City Council approval is required. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the trading of assets in the amount of $2,483.02 of special assessment receivables for cash from the Park Site Acquisition & Development Fund to the Consolidated Debt Service Bond Fund. 0 Agenda Information Packet December 7, 1982 City Council Meeting Page Five I-35E/LONE OAK ROAD PLANS & SPECS D. I-35E/Lone Oak Road, Approve MnDOT Plans & Specifications (Interchange & Frontage Roads) -- The City has received detailed plans and specifications for MnDOT S.P. 1982-60 (35E=390) for formal review and approval by the City of Eagan. This project provides for the construction of I -35E from 0.4 miles south of Lone Oak Road to 0.6 miles north of Lone Oak Road and includes the relocation of the west service road over to Eagandale Boulevard. Previously, the City has approved detailed plans and specifications which pro- vided for the relocation of the existing utilities along Lone Oak Road in anticipation of this forthcoming project. That work is currently progressing. These plans and specifications provide for the actual grading, paving and bridge construction. These plans and specifications have been reviewed in detail by the engi- neering division and all concerns adequately addressed in these final plans for approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve and authorize the Mayor & City Clerk to execute a resolution approving the de- tailed plans and specifications for MnDOT S.P. 1982-60 (35E=390) for the construction of I -35E interchange with Lone Oak Road (County Road 26). 1983 CONSULTING ENGINEERING FEE SCHEDULE E. Consideration of 1983 Consulting Engineering Fee Schedule - Enclosed on page (p is a proposed fee schedule submitted by the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates for 1983. The fees are being increased represent an average increase of approximately 6.1%. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the re- quested increase in fee schedule for 1983 to the existing contract for consulting engineering services with Bonestroo, Rosene, Anderlik & Associates, Inc. s SCHEDULE E 1983 CLASSIFICATION Principal Engineer Registered Engineer Assistant Engineer and Field Supervisor Senior Technician Junior Technician Word Processor Clerical Attendance at Regular Council Meetings Reimbursable Expenses Reproduction, Printing, Duplicating Out—of—Pocket Expenses such as meals, lodging, stakes, telephone calls, etc. Mileage 1898b C.: $40.00 $42.50 6.3% 36.00 38.50 6.9% 29.50 31.00 5.18 24.00 25.50 6.3% 18.00 19.00 5.6% 18.50 19.50 5.4% 13.50 14.50 7.4% 40.00 40.00 No change At Invoice Cost At Actual Cost $ 0.20/mile Agenda Information Packet December 7, 1982 City Council Meeting Page Six WARMING HOUSE ATTENDANTS F. Warming House Attendants -- Parks & Recreation Director Vraa is recommending the approval of warming house attendants as listed on page '% All positions are considered part-time and the compensation is $3.10 to $3.70 per hour with the average salary at approximately $3.40 per hour. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the warming house attendants for the 1982-1983 skating season. November 29, 1982 MEMO TO: PARKS F, RECREATION DIRECTOR, VRAA FROM: RECREATION PROGRAMMER, PETERSON RE: WARMING HOUSE ATTENDANTS FOR 1982-83 SEASON ITEM FOR COUNCIL CONSENT AGENDA During the past two weeks interviews were conducted after school and on a Saturday with prospective warming house attendants. Approximately, 30 applications were received; 15 interviews were held. The following individuals are proposed for temporary, part-time employment as warming house attendants. Returning'Attendants Steve Fleming Keith Fletcher Todd Grant Tony Haig Ken Hawe Lori Latzke David Maloney Brian Rafferty Victor Schultz Brian Skoglund Todd Swanson New Attendants Tony Athen . Matthew Bellanti Scott Ingalls David Kivi Dennis Wardinski Substitutes Ken Bungert Guy Cooper Dominick Dichiria Greg Ellingson Scott Ellingson Greg Thurston Agenda Information Packet December 7, 1982 City Council Meeting Page Seven TUiB'L'I"G � HEARSN,GSi. SENIOR CITIZEN/FIRST TIME HOMEBUYER PROGRAM A. Senior Citizen/First Time Homebuyer Program (Dakota County HRA Mortgage Revenue Bond Program) -- At the November 9, 1982 regu- lar City Council meeting, the housing plan was amended as recom- mended by the Dakota County HRA to comply with the single family mortgage revenue bond program being proposed by the Dakota County Housing and Redevelopment Authority for the Cities of Eagan, Mendota Heights and West St. Paul. The next step in considering the single family mortgage revenue bond program is a public hearing on the actual program. Briefly, the Dakota County HRA is establishing a housing finance program on behalf of the Cities of Eagan, Mendota Heights and West St. Paul that will develop and administer a program of making or purchasing mortgage loans to finance the acquisition of single family housing located anywhere within the boundaries of all three communities for occupancy by persons primari1y of low and moderate income. Enclosed on pages Mthrough is a copy of the single family mortgage revenue bona program that is being considered for the City of Eagan. This document provides a significant amount of information about the proposed revenue bond program. Representatives of the Dakota HRA, Miller & Schroeder Municipals, Inc., and Holmes and Graven law firm will be present to answer questions and review the program as outlined in the sup- port information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the single family mortgage revenue program (senior citizen - first time home- buyer program) to be administered by the Dakota County Housing and Redevelopment Authority. 0 POLICY ISSUES The following items are requirements that are included in the enclosed draft of the Dakota County's Housing and Redevelopment Authority's Single Family Mortgage Revenue Bond Program that are not required by federal or state laws or the practical and financial limitations needed for a successful single-family mortgage finance program. The City Council may include any of the following policy issues or may wish to modify them. (1) Housing Units: Although State law defines single-family housing, the Program may set forth whether condominiums, townhouses or mobile homes or trailers shall be eligible under the Program. The current draft of the Program, on page 4 - item #16, provides that a "Housing Unit" shall mean residential real property and facilities functionally related and subordinated thereto securing a Mortgage Loan, which shall be a private detached or attached one or two family dwelling, including a prefabricated constructed dwelling unit, which contains permanent eating, cooking, sleeping and sanitary facilities and which is attached to a permanent foundation on a developed lot, or a one -family apartment under condominum ownership (as defined in Minnesota Statutue Chapter 515A), not including a mobile home or trailer even if attached to a permanent foundation, including New Housing Units, owned and occupied by one person or family as a principal residence (and in case of a two family dwelling occupied by one other prson or family), containing complete living facilities and located within the geographical boundaries of the Cities. The program further provides, on page 10 - item #5, that "Mobile homes and trailers are not eligible for partici- pation under the Program, even if they are attached to perma- nent foundations." (2) One Time Participation Restriction: The City may wish to include as part of its guidelines a provision stating that no mortgage loan shall be made to a mortgagor who has an application pending to receive or has received a mortgage loan from any other originated lender under the Program. The result of such a provision is to prohibit potential homebuyers from "Shopping" the various originating lenders and from participating in the Program more than once. The draft provides, on page 11 - item 411 that "No Mortgage Loan shall be made to a Mortgagor who has an application pending to receive or has received a Mortgage Loan from any other Originator pursuant to the Program." 10 (3) Six Month Set Aside: The Dakota County HRA, in order to issue its mortgage revenue bonds, must submit its Program by January 2, 19839 to the Minnesota Housing Finance Agency. To recieve an allocation of bonding authority from the Agency, the Agency will consider two important factors: (1) the amount of the proposed issue which is reserved for a period of not less than six months for persons or families with adjusted gross incomes below 80 percent of the maximum allowable gross income; and (2) the amount of non -bond proceeds, if any, as a percentage of the Program, which are to be contri- buted to the Program. To clear the first hurdle with the Agency, the Program provides, on page 12 - item #13 that "For the first six (6) months after the Commencement Date, 100% of the fund provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Incomes at the time of application of less than eighty percent (80%) of the limit set forth in Section (12)." This program also provides that the ninety percent (90%) of funds reserved for first time homebuyers be set aside in equal percentages for each of the three Cities for the first six months of the Program. The language appears on page 16 - item V, stating that "For the first six months after the Commencement Date, at least thirty percent (30%) of the funds shall be reserved for first time homebuyers in each of the three Cities." (4) Limits on Loan Assumptions: Federal law requires that at any time during the entire 30 -year life of the First Time Homebuyer Program, no more than 10% of the loans be in the hands of non -first time homebuyers. Therefore, the Program has been drafted to freely allow assumptions of any of the mortgage loans, so long as the 10% first time homebuyer requirement continues to be met and so long as the assuming buyer agrees to maintain the house as his or her primary residence. The language appears on page 12 - item #14, stating that "To the extent required by law, the assumption of a Mortgage Loan from a Mortgagor by any other person or persons shall be permitted only if the program meets the requirements of Section 4(4) and the purchase price of the Housing Unit meets the require- ments of Section 4(8) and the new Mortgagors will occupy the Housing Unit as their primary residence." -2- (5) Set Aside of Non -First Time Homebuyers Money to the Senior Citizen Project Since the developer will be making contributions of non -bond proceeds to support this Program, the Program pro- vides that 10% of the funds permitted by federal law to be used for non -first time homebuyers should be allocated, for a time, to persons who will be purchasing condominium units in the Project. The language, which can be found on page 15 - item #4 states that "For the first 12 months after the Commencement Date, ten percent (10%) of the funds are reserved for non -first time homebuyers who purchase a condominium unit in the Project. If after 12 months any funds so set aside have not been used to purchase Mortgage loans, they may be used by non -first time homebuyers purchasing Housing Units in any of the Cities." (6) Truth in Housing Requirement: The Dakota County HRA would like to assist the buyers of existing housing by providing them with information about the house they are purchasing. Included in this program, is a requirement for the sellers of existing homes to pay for a Truth -in -Housing inspection. On page 14 - item #22 it states that "Sellers of existing homes will be required to pay to have their homes inspected by an HRA inspector in accordance with Dakota•County HRA Truth in Housing Regu- lations, as they exist at the time of sale." iz -3- SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM Pursuant to Minnesota Statutes, Chapter 462C, as amended in 1982, the Dakota County Housing and Redevelopment Authority acting on behalf of the cities of Eagan, Mendota Heights and West St. Paul has been authorized to develop and administer a program of making or purchasing mortgage loans to finance the acquisition of single-family housing located anywhere within its boundaries, for occupancy primarily by persons of low and moderate income. In creating their housing finance programs, the City Councils of Eagan, Mendota Heights and West St. Paul have found and determined that the preservation of the quality of life in their respective cities is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of their cities; that a need exists within their cities to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the their cities; that a need exists for mortgage credit to be made available for the new construction of additional single-family housing; and that many owners are unable to sell housing units and would-be purchasers of single-family housing units are unable to either afford mortgage credit at the market rate of interest or obtain mortgage credit because the mortgage market is severely restricted. The Dakota County Housing and Redevelopment Authority in establishing this housing finance program on behalf of the cities of Eagan, Mendota Heights and West St. Paul, has considered the information contained in the Housing Plans of each of the cities, including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private market financing for the acquisition of existing and newly constructed housing units; (iii) an analysis of population and employment trends and projections of i3 -1- future population trends and future employment needs; (iv) the recent housing trends of and future housing needs in each of the respective cities; and (v) an analysis of how the program will meet the needs of low and moderate income persons and families residing and expected to reside in each of the respective cities. The Dakota County Housing and Redevelopment Authority has further considered (i) the amount, timing and sale of bonds to finance the estimated amounts of mortgage loans to be made under the program, to fund the appropriate reserves and to pay the costs of issuance; (ii) the number and qualifications of lenders eligible to participate in the program; (iii) the method for monitoring the implementation by participants to insure that the program is consistent with the Housing Plan of each of the participating cities; (iv) the method of administering, servicing and supervising the program; (v) the cost to the Dakota County Housing and Redevelopment Authority and to each of the cities, including future adminis- trative expenses; (vi) the restrictions on the purchase prices of housing units to be financed under the program; (vii) the maximum permitted income of persons or families receiving financing under the program; and (viii) certain other limitations. Section 1. Definitions. The following terms when used in this Section shall have the following meanings, respectively: (1) "Acquisition Fund" shall mean that fund (created pursuant to an indenture of trust by and between the HRA and the trustee for the Bonds) into which shall be deposited certain proceeds of the Bonds and other funds, if any, and from which the HRA shall purchase Mortgage Loans qualified for purchase under the Program. (2) "Act" shall mean Minnesota Statutes, Section 462C.01, et. seq., as currently in effect and as the same may be from time to time amended. (3) "Adjusted Gross Income" shall mean Gross Family Income, less $750 for each adult in the family, to a maximum of two adults, and less $500 for each other Dependent in the family. (4) "Agency" shall mean the Minnesota Housing Finance Agency, or any successor to its functions under the Act. (5) "Bonds" shall mean the revenue bonds to be issued by the HRA to finance the Program. (6) "Builder" or "Developer" shall mean any person or business entity, engaged in the construction for sale of Housing Units. In the event that any Builder or Developer owns more than fifty percent (50%") interest in any other business entity engaged in the construction for sale of Housing Units, all such entities shall be considered the same Builder or Developer for the purposes of this Program. (7) "Cities" shall mean the Cities of Eagan, Mendota Heights and/or West St. Paul, County of Dakota, State of Minnesota, or any housing and redevelopment authority in and for any of the Cities authorized by ordinance of the appropriate City Council to exercise, on its behalf, the powers conferred on the City under the Act. (8) "City Councils" shall mean the city councils of the cities of Eagan, Mendota Heights and West St. Paul. (9) "Commencement Date" shall mean the date on which the HRA has Bond proceeds available to purchase Mortgage Loans under this Program, or for New Housing Units to be purchased with Mortgage Loan Proceeds, the date on which pre -sale efforts to market New Housing Units has commenced. (10) "Dependent" shall mean dependent, as defined in Section 152 of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. (11) "FHLMC" shall mean the Federal Home Loan Mortgage Corporation, or any successor to its functions. (12) "FHA" shall mean the Federal Housing Administration, an agency of the United States of America within the United States Department of Housing and Urban Development, or any successor to its functions. (13) "FNMA" shall mean the Federal National Mortgage Association, or any successor to its functions. (14) "Gross Family Income" shall mean the current annual income from all sources as determined in accordance with the then current loan origination requirements of either FHLMC, FNMA, FHA or VA related to mortgage loans originated under programs regulated by FHLMC, FNMA, FHA or VA, or private mortgage insurance as the case may be, as verified by an Originator in accordance with such requirements and its customary underwriting practices, of the Mortgagor, his or her spouse, and any co-owner of a fee interest in the Housing Unit to be financed with the proceeds of a Mortgage Loan. (15) "Housing Plan" shall mean the housing plan of each of the Cities, as adopted to conform with the requirements of Minnesota Statutes, Chapter 462C. These plans were adopted on the following dates: Eagan on Tuesday, November 9, 1982; Mendota Heights on Tuesday, October 19, 1982; and West St. Paul on Monday, November 8, 1982. (16) "Housing Unit" shall mean residential real property and facilities functionally related and subordinate thereto securing a Mortgage Loan, which shall be a private detached or attached one or two family dwelling, including a prefabricated construction dwelling unit, which contains permanent eating, cooking, sleeping and sanitary facilities and which is attached to a permanent foundation on a developed lot, or a one family apartment under condominium ownership (as defined in Minnesota Statutes, Chapter 515A), not including a mobile home or trailer even if attached to a permanent foundation, including New Housing Units, owned and occupied by one person or family as a principal residence (and in case of a two family dwelling occupied by one other person or family), containing complete living facilities and located within the geographical boundaries of the Cities. (17) "HRA" Shall mean the Dakota County Housing and Redevelopment Authority acting on behalf of the Cities. (18) "Lending Institution" shall mean any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage bank or other financial institution or gov- ernmental agency including a Developer which customarily makes or services mortgage loans on owner -occupied residential housing or any holding company for any of the foregoing, provided, however, such Lending Institution is approved by FHA, VA, FNMA or FHLMC. (19) "Mortgage Insurer" shall mean the FHA, the VA or any Qualified Mortgage Guaranty Insurer. (20) "Mortgage Loan" shall mean an interest bearing loan to a Mortgagor for the purpose of purchasing a Housing Unit, evidenced by a promissory note and secured by a mortgage or deed of trust on such Housing Unit. (Zl) "Mortgagor" shall mean an individual or individuals who have received a Mortgage Loan. 17 -5- (22) "New Housing Unit" shall mean a newly constructed Housing Unit as to which the Mortgagor will be the first occupant. (23) "Originator" shall mean a Lending Institution which agrees in writing with the HRA to originate and/or service Mortgage Loans pursuant to this Section. (24) "Originator Commitment" shall mean any commitment to an Originator which may be approved by resolution of the HRA pursuant to which the Originator agrees to originate and sell to the HRA a specified dollar amount of Mortgage Loans, subject to the requirements of this Pro- gram. (25) "Pledged Savings Account" shall mean a savings account established in connection with a Pledged Savings Account Mortgage Loan, which savings account and the earnings thereon may be used to make payments on the Mortgage Loan any time during the initial years of its amortization period and which will be pledged as security for the Pledged Savings Account Mortgage Loan. (26) "Pledged Savings Account Mortgage Loan" shall mean a Mortgage Loan originated pursuant to any program approved by the Program Adminis- trator, for which a portion of the principal and interest payments during the initial years of such Mortgage Loan will be paid from a Pledged Savings Account. (27) "Program" shall mean the housing finance program authorized and to be implemented by the HRA pursuant to this Program and the Act. (28) "Program Administrator" shall mean any Lending Institution which agrees in writing with the HRA to monitor Originators' origination and servicing of the Mortgage Loans which have been sold to the HRA or to service all such Mortgage Loans, and to perform such other functions as are agreed upon by such Program Administrator and the HRA. I° -6- (29) "Project" shall mean the condominium and/or townhouse project con- structed by Developer in the City of Mendota Heights for senior citizens who may refinance their existing Housing Units with the proceeds of mortgage revenue bonds sold under this program. (30) "Qualified Mortgage Guaranty Insurer" means any mortgage guaranty insurance company approved by FNMA or FHLMC, which is licensed to do business in the State of Minnesota and (i) whose policies or insurance would not adversely affect the rating on the Bonds with the rating agency which initially rated the Bonds or (ii) is rated on the basis of claims payment ability at the highest rating then given insurers issuing mortgage guaranty insurance policies by such agency on the basis of claims payment ability, so long as such agency rates such insurers on the basis of claims payment ability. (31) "Target Area" shall mean a development district established pursuant to Minnesota Statutes, Sec. 472A.03, a redevelopment project established pursuant to Minnesota Statutes, Sec. 462.521, or an industrial develop- ment district established pursuant to Minnesota Statutes, Sec. 458.191, as such Target Areas may exist on the Commencement Date, or as may hereafter be established. (32) "VA" shall mean the Veterans Administration, an agency of the United States of America, or any successor to its functions. Section Z. Program for Acquisition of Mortgage Loans. The HRA hereby establishes a Program to acquire Mortgage Loans by contracting with Originators and making advance commitments to purchase mort- gage loans from Originators at such purchase prices and upon such other terms and conditions as shall be determined by the HRA in this Program document and in origination agreements to be entered into between the HRA and the Originator. In N -7- establishing and carrying out such Program the HRA may exercise, within the corporate limits of the Cities, any of the powers the Minnesota Housing Finance Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A. Insofar as the HRA has contracted with underwriters, financial advisors, legal counsel, and will be executing a contract with a Program Administrator and a trustee, all of whom will be reimbursed from Bond proceeds and continuing Program revenues, it is not expected that additional staff will be assigned to the Program nor is it expected that any additional staff costs need be paid from the HRH's budget. The Program Administrator will administer the performance of the Originators with respect to the limitations set forth in this Program, and will monitor the originator's servicing of the Mortgage Loans or who will actually service the Mortgage Loans. The HRA will select a trustee for the Program and bondholders who is experienced in trust management and has a large corporate trust portfolio. The trustee will administer and maintain the Bonds sold to finance the Program. The Board of Commissioners of the HRA hereby authorizes and directs its Executive Director to monitor all negotiations between the various parties taking part in the Program to ensure that the Program documents are consistent with the Housing Plans of each of the Cities and the requirements of each of the Cities as set forth in this Program. Prior to the adoption of the resolution authorizing the sale of Bonds to finance the Program, the Executive Director of the HRA shall report to the Board of Commissioners of the ,HRA and to the City Council of each City her findings as to the consistency of the Program documents with the Housing Plan and the policies of each of the respective Cities contained in this Program. 20 Section 3. Local Contributions to the Program. To assure that sufficient proceeds will be available to redeem Bonds and to assure the financial feasibility of the Program, the Developers, participating Originators, Sellers and the HRA, from tax increment generated by the Project will contribute to the Program an amount equal to dollars, which funds may also be used to reduce a portion of the monthly payments required on all or a portion of the Mortgage Loans. Section 4. Standards and Requirements Relating to Mortgage Loans Pursuant to the Program. The following standards and requirements shall apply with respect to Mort- gage Loans acquired by the HRA pursuant to the Program: (1) A Mortgage Loan may be made only to finance the purchase of a Housing Unit existing at the time such Mortgage Loan is made. Construction loans shall not be made, but an Originator may enter into an agreement with a Mortgagor to make a Mortgage Loan to him or her upon the completion of the construction of a New Housing Unit to be financed by such Mortgage Loan, subject to the "first-come, first- served" and nondiscrimination basis specified in Section 4(2) hereof, and subject to the receipt of a certificate of a City building inspector stating that the New Housing Unit complies with the state building code, set forth under Minnesota Statutes, Sec. 16.83 et seq., as they are then in effect. (2) The Originators shall accept and process applications for Mortgage Loans for the purchase or construction of Housing Units on a nondis- criminatory "first-come, first-served" basis, subject to the other provi- sions of the Program, including any set asides and restrictions imposed by Section 5 hereof, and will not arbitrarily reject an application for a )_1 Mortgage Loan for a Housing Unit within a specified geographic area because of the location and/or age of the property, or, in the case of a proposed Mortgagor, vary the terms of a loan or the application procedures therefore because of race, color, creed, religion, national origin, sex, marital status, age or status with regard to public assis- tance or disability. (3) The Mortgagor of each Housing Unit must be fee owner of such Housing Unit, unless such Housing Unit is located in a cooperative, and must occupy such Housing Unit as his/her principal place of residence. (4) At least ninety percent (90%) of the moneys available to make Mortgage Loans shall be used to purchase Mortgage Loans made to first time home buyers or Mortgagors who have not owned a home for three (3) years prior to the Commencement Date. Up to ten percent (10%) of the moneys available may be used to purchase Mortgage Loans for Housing Units to be acquired by persons or families who are not first time home buyers, provided they meet all other requirements of this program. (5) Mobile homes and trailers are not eligible for participation under the Program, even if they are attached to permanent foundations. (6) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations. (7) Each Housing Unit must be located within the respective corporate limits of one of the Cities. (8) The purchase price of a Housing Unit may not exceed the lesser of (a) three times the Adjusted Gross Income Limit set forth in Section 4 (12); (b) four times the Adjusted Gross Income Limit if the Housing Unit is located within a Target Area; or (c) 110% of the average area purchase 212- -10- price for residential housing in the Minneapolis, St. Paul Standard Metropolitan Statistical Area computed as provided under the Proposed Treasury Regulations or any final regulations promulgated under Sec- tion 103A of the Internal Revenue Code of 1954, as amended. (9) Each Mortgage Loan shall be made in accordance with origination agreements to be entered into between the Originators and the HRA. (10) Each Mortgage Loan must, at a minimum, be insured or guaranteed if the original principal amount of the Mortgage Loan exceeds (or is expected at any time to exceed) 75976 of the lesser of the purchase price or appraised value of the property subject to the related Mortgage (treating a Pledged Savings Account as a portion of the down payment) or if it is a Pledged Savings Account Mortgage Loan, with either (i) FHA Insurance or (ii) a VA Guaranty or (iii) a Mortgage Guaranty Insurance Policy. 1 (11) No Mortgage Loan shall be made to a Mortgagor who has an application pending to receive or has received a Mortgage Loan from any other Originator pursuant to the Program. (12) The Adjusted Gross Income of a Mortgagor at the time of application for a Mortgage Loan shall not exceed the greater of: (f) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Devel- opment for the Minneapolis -St. Paul Standard Metropolitan Statistical Area; or (ii) 100 percent of the income limit established by the Minnesota Housing Finance Agency for each one of the respective cities; -11- Z� (iii) provided that, beginning six (6) months after the Com- mencement Date, up to twenty percent (20%) of the amount of bond proceeds deposited in the Acquisition Fund may be used to purchase Mortgage Loans made to Mortgagors with Adjusted Gross Incomes in excess of the amount set forth above who are purchasing Housing Units located within a Target Area. (13) For the first six (6) months after the Commencement Date, 10017o of the funds provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Incomes at the time of application of less than eighty percent (80%) of the limit set forth in Section (12). (14) To the extent required by law, the assumption of a Mortgage Loan from a Mortgagor by any other person or persons shall be permitted only if the Program meets the requirements of Section 4(4) and the purchase price of the Housing Unit meets the requirement of Section 4(8) and the new Mortgagors will occupy the Housing Unit as their primary resi- dence. (15) An Originator may be allowed to retain from a Mortgagor an origination fee not exceeding one percent (1%) of the principal amount of the Mortgage Loan. A Developer and/or seller of a Housing Unit may also be charged an additional' origination fee, which fee may be used to defray Program costs. (16) In the event that on the date of adoption of the resolution by the HRA authorizing the sale of the Bonds, any Originator has entered into a commitment agreement with the Agency under which the Agency has agreed to purchase mortgage notes and mortgages securing loans for -12- single family housing, and the Originator has not closed an amount of eligible mortgages equal to at least 95 percent of the total amount provided in such commitment agreement, then the HRA may not enter into a commitment to purchase loans from such Originator under the Program unless the Executive Director of the Agency waives such restriction, as permitted under the Act. (17) No Mortgage Loan may be made at an interest rate which is less than the interest rate provided to consumers on mortgage loans being originated under a single family housing finance program administered by the Agency at the time of adoption of the resolution by the HRA authorizing the sale of the Bonds unless the Executive Director of the Agency waives such restriction, as permitted under the Act. (18) The difference between the interest rate on Mortgage Loans and the interest rates on the Bonds issued to acquire such Mortgage Loans shall represent only the costs of insurance premiums, amortized expenses of issuing the Bonds, the HRA's ongoing costs for the administration of all housing programs, fees of originating, servicing, and administering the Mortgage Loans and trustee and paying agent fees computed so as to provide that the Bonds shall not be deemed to be "arbitrage bonds" under the Proposed Regulations or any final regulations promulgated under Section 103A of the Internal Revenue Code of 1954, as amended. (19) Each Originator shall have in its possession with respect to the property financed by a Mortgage Loan and secured thereby an American Land Title Association -approved mortgagee's policy of title insurance (or a commitment therefor) in an amount at least equal to the outstanding principal amount of the Mortgage Loan or an opinion or such other evidence as shall be approved by the Program Administrator with as -13- respect to a Mortgagor's title to property financing by a Mortgage Loan. (20) In the event that the HRA acquires any existing residences in any of the Cities, with the intention of demolishing such residences and making the cleared sites available for the construction of New Housing Units, the HRA will make available to qualified residents of the residences so acquired any relocation assistance and benefits required to be provided pursuant to Minnesota Statutes, Sec. 117.52 et seq. (21) Mortgagors may be charged a deferred program participation fee not in excess of three percent (3%) of the original principal amount of the Mortgage Loan, either at maturity or upon payment of the outstanding Mortgage Loan balance. (22) Sellers of existing homes will be required to pay to have their homes inspected by an HRA inspector in accordance with Dakota County HRA Truth in Housing regulations, as they exist at the time of sale. Section S. Set Asides and Restrictions Relating to the Acquisition of Mortgage Loans. Notwithstanding anything in Section 3 to the contrary, the following restric- tions shall apply with respect to Mortgage Loans acquired by the HRA pursuant to the Program: (1) The HRA may permit commitments to be made between Originators and Developers to acquire Mortgage Loans on New Housing Units con- structed by particular Developers or, with respect to Developers of senior citizen projects, to acquire or make commitments to acquire Mortgage Loans for first time home buyers purchasing existing Housing Units owned by the senior citizens purchasing units in the senior citizen projects. Developers may be charged a commitment fee for such set X -14- asides, which fee may be used to defray Program costs. No more than 75 percent (75%) of the moneys deposited in the Acquisition Fund may be used to purchase Mortgage Loans for New Housing Units built or sold by any one Developer. (2) The HRA will enter into origination agreements with each Originator proposing to originate Mortgage Loans pursuant to the Program. The origination agreements shall specify the dollar amount of the Originator Commitment, provided that no more than seventy-five percent (75%) of the moneys deposited in the Acquisition Fund may be used to purchase Mortgage Loans from any one Originator, unless other eligible Lending Institutions are not interested in participating. (3) Any Lending Institution, as defined in Minnesota Statutes, Sec. 47.0151, doing business in the Cities and which is an FHA/VA approved or FNMA/FHLMC approved Lending Institution shall be offered an oppor- tunity to participate in the Program as an Originator. (4) Moneys deposited in the Acquisition fund are to be allocated as follows: for the first 12 months after the Commencement Date, ten percent (10%) of the funds are reserved for non -first time homebuyers who purchase a condominium unit in the Project. If after 12 months any funds so set aside have not been used to purchase Mortgage Loans, they may be used by non -first time home buyers purchasing Housing units in any of the Cities. (5) Ninety percent (9097o) of the moneys deposited in the Acquisition Fund must be used to purchase Mortgage Loans for first time home buyers. (6) The share of Mortgage loans that may be originated in each of the three Cities will be determined by the HRA and each of the Cities. a-7 -15- e (7) For the first six months, after the Commencement Date, at least thirty percent (30%) of the funds shall be reserved for first time home buyers in each of the three Cities. Section 6. Evidence of Compliance. The HRA may require from each Originator, at or before the time an agreement to originate Mortgage Loans is entered into by such Originator, evidence satisfactory to the HRA of the ability and intention of such Originator to make Mortgage Loans and sell them to the HRA under such agreement, and, at the time the HRA acquires a Mortgage Loan, evidence satisfactory to the HRA of compliance with the standards and requirements for the making of Mortgage Loans established by the HRA herein and in any agreement entered into between the HRA and the Originator; and in connection therewith, the HRA or its representatives may inspect the relevant books and records of such Originator in order to confirm such ability, intention and compliance. Section 7. Issuance of Bonds. To finance the program authorized by this Section, the Board of Commis - sioners of the HRA intends by resolution to authorize, issue and sell its Residential Mortgage Revenue Bonds by December 31, 1983 in an aggregate principal amount of up to $10,000,000, of which approximately $8,500,000 will be available to purchase Mortgage Loans. Principal of and interest on these Bonds shall be payable solely from the proceeds of the Bonds and the revenues of the Program authorized by this Program. The HRA shall enter into an indenture of trust with an institution authorized to accept such trusts and which is experienced in trust management and has a large corporate trust portfolio, upon such terms and conditions as the Board of Commissioners of the HRA shall determine, being advised thereon by bond counsel. In issuing Bonds, the HRA may exercise, within its corporate limits of any of the Cities, any and all of the powers the Minnesota Housing Finance Agency is W, -16- authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. Section 8. Severability. The provisions of this Program are severable, and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the HRA or any of the Cities or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 9. Amendment. The Cities and/or the HRA shall not amend this Program to the detriment of the holders of such Bonds while Bonds authorized hereby are issued and remain outstanding. )LQ -17- Agenda Information Packet December 7, 1982 City Council Meeting Page Eight FEDERAL REVENUE SHARING PROPOSED USE 8. Proposed Revenue Sharing Proposed Use -- To satisfy federal regulations regarding the revenue sharing act, it is necessary that the City hold two public hearings to consider the use of federal revenue sharing funds. The first public hearing is a pro- posed use hearing to consider any suggestions of the public as to the use of federal revenue sharing monies in calendar year 1983. The entitlement period for the federal fiscal year October 1, 1982 through September 30, 1983 is expected to be $138,504. The City currently has $9,359 remaining in 1981 funds and $129,882 from 1982 federal revenue sharing funds. It is proposed that the ordi- nance codification at an estimated cost of $18,000 will be paid for from the 1981-1982 federal revenue sharing fund balances. There is some discussion about the purchase of votomatic machines or another type of voting machine equipment that could also be purchased from federal revenue sharing funds. The amount estimated by the Director of Finance for votomatic machines was $13,500. Therefore, the City will have available during 1983 approximately $248,328 with $13,500 allocated to voting machine equipment or $261,828 if voting machine equipment is not purchased during that year. If there are no specific proposed uses for federal revenue sharing, on possibility is to appropriate the entitlement in a general sense with additional review at the time of proposed expen- ditures during 1983. This is certainly an acceptable approach for the use and designation of federal revenue sharing monies. The public hearing scheduled for the December 21 City Council meeting is simultaneous with the adoption of the 1983 general fund budget which is also a requirement of the federal revenue sharing regulations. Notices of this meeting have been published in the Eagan Chronicle regarding the proposed hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the proposed use hearing and order final preparation of the federal revenue sharing budget for consideration with the 1983 budget at the December 21, 1982 City Council meeting. 30 Agenda Information Packet December 7, 1982 City Council Meeting Page Nine ' OLD, Bl'SINESS. TEMPORARY ADVERTISING SIGN/GABBERT DEVELOPMENT COMPANY A. Temporary Advertising Sign Permit/Gabbert Development Company for Pilot Knob Road and Wilderness Run Road Intersection -- At the November 16, 1982 City Council meeting, an application for a temporary advertising sign permit was received from Gabbert Development Company to locate a temporary advertising sign for various developments on Wilderness Run Road at the northeast corner of Wilderness Run Road and Pilot Knob Road. There was concern expressed by the City Council about the impact on site visibility to Fire Station #3 if the sign was to be allowed at that location. The sign was continued and the developer was asked to consider a new location on the west side of Pilot Knob Road. Enclosed on page _3_2.,__ is a copy of the proposed sign location. Again the size of the sign is 4' x 8', totalling a square footage area of 32 sq. ft. The height of the sign is to be no greater than 7' above grade. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the temporary advertising sign to be located at the southwest corner of Wilderness Run Road and Pilot Knob Road. 31 -� N a"m -,5'0� 4/7 nel l< /%/07/—. Aoll e, -31a, -,5'0� 4/7 nel l< /%/07/—. Aoll e, -31a, Agenda Information Packet December 7, 1982 City Council Meeting Page Ten ORDINANCE CODIFICATION ORDINANCE B. Ordinance Adopting a Codification of All Ordinances of the City of Eagan -- As the final step of the ordinance codification project, it is a requirement that the City Council adopt Ordinance No. 1, Second Series, that in effect adopts a codification of all ordinances of the City of Eagan. A copy of the ordinances is en- closed on pages 34through 3 S The codification book will be made available on_ TJecember 1� public inspection. The codi- fication booklet does not deviate at all from what the City Council has reviewed and previously approved. The procedure for the adop- tion of the ordinance codification is: 1. Adoption of Ordinance No. 1, Second Series, as referenced above. 2. Publication of the notice in the Eagan Chronicle for Ordi- nance Adoption on December 13 and December 20, and 3. Ordinances will become available for distribution and their legislation as of January 1, 1983. The City Administrator has a draft copy of all chapters of the ordinance codification with all the revisions and corrections in his office which can be reviewed at any time by the City Council or the public before the printed copies are returned in final form by Roger Jensen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the adoption of Ordinance No. 1, Second Series, as enclosed. 33 CITY OF EAGAN ORDINANCE NO. 1, 2ND SERIES AN ORDINANCE ADOPTING A CODIFICATION OF ALL ORDINANCES OF THE CITY OF RAGAN, MINNESOTA, P11R:SUANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SFCTION 41.5.021; ESTABLISHING A NAME FOR SAID CODIFICATION, WEANS OF CITATION, EFFECTIVE DATE, NOTICE AND PRINTING PROCEDURE, AND REPEALING ALL ORDINANCES OF THE CITY OF FAGAN, MINNESOTA, AND T014N OF EAGAN, MINNESOTA, NOT CITED IN CHAPTERS 1 THROUGH 11, INCLUSIVE, CHAPTERS 13 ANT) 25 OF SUCH CODIFICATION; AND, PROVIDING PENALTIES FOP. THE VIOLATION THEREOF. The City Council of the City of Eagan ordains: Section 1. Adoption. All ordinances of the City of Fagan, Minnesota, and the town of Eagan, Minnesota, heretofore adopted, except such ordinances as are numbered and cited in the text of Chapters 1 through 11, inclusive, Chapter 13, and also except such ordinances as are numbered and cited in Chapter 25, should be, and are hereby, revised and, together with such cited ordinances, adopted as codified in that certain document known as the CITY CODE OF THE CITY OF EAGAN, MINNESOTA, pursuant to authority granted by Minnesota Statutes, Section 415.021. Section 2. Citation. The CITY CODE, may be cited as "City Code, Sec. ." Section 3. Effective Date, Printing, and Notice of Availability. The CITY CODF shall be effective on January 1, 1983. The City Clerk -Treasurer shall cause said CITY CODE to be printed in loose leaf form and copies thereof in a substantial quantity made available for distribution to the public at a reasonable charge, the exact quantity, charge, and printing specifications to be more specifically determined by the City Council. The City Clerk -Treasurer shall cause Notice of Availability of copies to be published in the official newspaper for at least two (2) successive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at his office for general distribution to the public at a reasonable charge. Section 4. Prima Facie Evidence. Such codification, known as the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Fagan, Minnesota. 34 Section 5. Effective Date and Preservation of Rights and Obligations. This ordinance shall take effect upon adoption, provided, however, that the adoption of such CITY CODE shall not affect or impair any act done, right vested or accrued, proceeding, suit or prosecution commenced, prior to such effective date and under ordinance provisions then in effect, but the same shall survive to a conclusion thereof. It being the express intent of this Section that no offense committed, liability, penalty of forfeiture, civil or criminal, under ordinance provisions in effect prior to the effective date of the CITY CODE be in any way affected by the adoption thereof. Section 6. Repealer. All ordinances of the City of Eagan, Minnesota, and Town of Eagan, Minnesota heretofore adopted and not cited in City Code Chapters 1 through 11, inclusive, or Chapters 13 and 25 are hereby repealed. Section 7. Penalty. Every person violates the CITY CODE when he intentionally performs an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $500.00, or both, or, as for a petty misdemeanor, sentence of a fine of not more than 5100.00 Adopted by the City Council of the City of Eagan on the day of November, 1982. (SEAL) ATTEST: City Clerk - Treasurer (Publication on the day of 3s 1982.) Agenda Information Packet December 7, 1982 City Council Meeting Page Eleven CITY HALL PLANS C. Review City Hall Plans -- At a recent special City Council workshop held on November 23, 1982, the architect, Mr. Jack Boarman, of Boarman Architects, was present and presented a model and drawings of the new city hall project. There was a lengthy discus- sion by the City Council with some suggested modifications and various input that are under consideration and review by the archi- tect. It was recommended at that meeting that the architect appear at the next regular City Council meeting and present the city hall plans for public review before final action is taken on the city hall project. It is suggested that the City Council consider action that would preliminarily approve the design subject to favorable cost estimates that would be prepared in final detail by the archi- tect during the next thirty days. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny preli- minarily the final design of the city hall project as reviewed to'date and direct the architect to prepare the final cost estimates before the final design is approved and bids are authorized for the new city hall building project. Qn- Agenda Information Packet December 7, 1982 City Council Meeting Page Twelve _NEWeBUSINES NORTH STAR TRANSPORT CONDITIONAL USE PERMIT A. North Star Transport, Inc., Robert Sack, for a Conditional Use Permit to Allow Outside Truck Storage on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 -- A public hearing was held by the Advisory Planning Commission at their last regular meeting held on November 23, 1982 to consider an application that was submitted by North Star Transport, Inc., requesting a condi- tional use permit to allow outside storage of tractors and trailers located on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3. The Advisory Planning Commission is recommending approval of the conditional use permit subject to conditions outlined in the APC minutes. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages through - For a copy of the action that was taken by t e Advisory anning Commission, refer to those minutes found on pages_ through A4. ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the APC to approve the outside storage for tractor trailers Transport, Inc. 37 To approve or deny conditional use as requested by the recom- permit for North Star CITY OF EAGAN SUBJECT: CONDITIONAL USE PER= - OUTSIDE STORAX FOR TRACTOR TRAILERS APPLICANT: NORTH STAR TRANSPORT INC. (789 COMPANY) LOCATION: HITS 1 and 2, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK #3 EXISTING ZONING: I-1 (LIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: NO 434 23, 1982 DATE OF REPORT: NOVEMBER 15, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a conditional use permit to allow outside storage of tractors and trailers located on Tats 1 and 2, Block 4, Ea- gandale Center Industrial Park #3. In 1981, the Eagan City Council approved a conditional use permit for North Star Transport Co. to begin a truck terminal on Lots 7, 8 and 9, Block 2, Eagandale Center Industrial Park. #3. Since that time, North Star Transport has expanded and needs additional space for their truck storage. Therefore, North Star Trans- port has an option on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 for expansion of their truck terminal facility. These lots of North Star Trans- port are an option to purchase and directly south of Apollo Road, and if pur- chased, would make their parcel an L -shape abutting Apollo Road and Mike Collins Drive. The two lots North Star Transport Inc. are proposing to purchase would store an additional 36 tractor trailers. Apollo Road east of Mike Collins Drive presently terminates at the Milwaukee, St. Paul, Pacific Railroad. It is staff's understanding that there will not be a crossing allowed for Apollo Road to the east of the Milwaukee, St. Paul, Pacific Railroad. Therefore, Apollo Road will dead-end at this railroad right-of-way. Staff also understands that if the con- ditional use permit is allowed on Lots 1 and 2, that the applicant will then re- quest the City to vacate Apollo Road east of Mike Collins Drive which would al- low Lot 7, 8 and 9, Block 2 and Lots 1 and 2, Block 4 to be all one consecutive parcel. This additional right-of-way would also allow North Star Transport Inc. to store an additional 4 tractor trailers on this particular parcel. In reviewing these two particular lots, directly to the north is the existing North Star Transport Inc. and to the south of this parcel is Hoovestol Trucking Terminal. Therefore, Lots 1 and 2 are in between two existing trucking termi- nals. The proposed site plan designates only a 10' green area from the property line of the lots abutting ^like Collins Drive. Ordinance #52 requires a 20' green 2% CITY OF EAGAN CONDITIONAL USE PERMIT - NORTH STAR TRANSPORT INC. NOVEMER 23, 1982 PAGE TWO area adjacent to any public roadway. Therefore, either a 10' variance should be granted or the applicant should increase this green area to the 20' muni = requirement. If approved, the conditional use should be subject to the following conditions: 1) No more than 40 tractor trailers should be allowed to be stored on Lots 1 and 2, Block 4, Eagandale Center Industrial Park f-3. 2) Either a 10' variance should be allowed and a landscaping plan provided, or the applicant shall be required to have 20' green area from the proper- ty line to the truck storage area. 3) The applicant shall provide adequate dust control measures on crushed lime- stone surface on a regular basis. 4) A detailed landscape plan shall be provided and a landscape bond of an ade- quate amount shall be provided and not released until one year after the landscaping has been completed. 37 m \\\ \` \ S \ r----7 r-- 1 '•o� r---�:. f••.:.. -..fir, _ ___._-_.._ r --It . a•�a= _....,......._.................... o) ', l l i iNil l.y„2 if il'IN .,,...... IAIINJA'Y'I'Y MYGON 1)1bbN) '7 V i a V 7 N 1 M a V d a -a l I V a l ”` _`�t—�, 1�q \. V; , S �J 1�yt y l `R EP /5� a:a's LONE OAK ROA.. sJ 7 113114 • `y\-' il:ir V O 'ECONOMICS 10 6 5r3 10 LABORATORY '. k dp 'w z 3� ` • . M J+. J d T ` ufFRi01•I ' s '.}$ 3 9 2 2.2124 5' �3 M ft ; i { !- � h`• c� j 13 M %'� hn � 1 � eC _�. �±n l��; L.S ILII ff rte. .. r .m '10 • :,i:• iia •a — 0 1 C SnSAC 27` 1v 7.560 tRPORA?E THE DONALDSON 25 :.SQVARE COMPANY, i 21 24 ' 1 ` -. 82299 Ac.y"Y�K, X23- n. 22 1 2 3 4. 5 6 7 8 9 1 z- 16 lO z--. 4aCJ6 •7 7^c 12 ILq L a �tS.17{K Q U w lb J7•l A<i y • 17 7-Je- IS'sa-� 4 4 1 2 3 4 5 6 7 9 9 14 IIIi2(I=t y.re ,c 3 IJ.79i Ac' � dZl••I.i'b.ct �/ ' • ��L•p3AC.Y NATIONAL. 23.733A, 14 BJILDING 24.7s4Ka. W 25 ':a 1 Z 1 CENTER n 2c -ascj r;E� O�,L 1.7 138 736 g L .i�.7; Ac�,.< -�_1 i 3-79 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION PAGAN, MINNESOTA NOVEMBER 24, 1982 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 26, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present were Chairman Hall, Members Krob, McCrea, Mulrooney, Wold, Wilkins and Turnham. Absent was Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. Chairman Hall chaired the meeting. AGENDA Krob moved, Wilkins seconded the motion to approve the agenda. All voted yes. Upon motion by Mulrooney, seconded Wold, it was resolved that the Minutes of the October 26, 1982 regular Planning Commission meeting be approved with the exception that on page 3 regarding the Bradley Hanson application, member Wold stated that he had cited a comparable situation regarding an application from an owner in the Cedar Grove area where the hardship was determined because of growth in the family; regarding the Hanson application, there were no neighboring residents present and residents had submitted a petition in favor of the application and therefore he voted in favor of the application. All voted in favor. NORTH STAR TRANSPORT, INC. - CONDITIONAL USE PERMIT The public hearing regarding the application of North Star Transport, Inc., 789 Company, for conditional use permit for outside storage for tractor trailer on Lots 1 and 2, Block 4, Eagandale Center Industrial Park # 3 was convened by Chairman Hall. Dennis Briguet, attorney, appeared for the appli- cants as did two other representatives. Mr. Briguet indicated North Star is the lessee of the property and has operated at the location in 1981 on Lots 7, 8, and 9, Block 2, and now proposes an addition to permit additional 36 tractor trailer storage. In addition, Mr. Briguet requested on behalf of the applicant that the City vacate a part of Apollo Drive because the Public Service Commission has not allowed a crossing over the Milwaukee Railroad right-of-way. The vacated portion of Apollo Road would be used for additional setback and parking of an additional 4 tractor trailers. The applicant indi- cated they would not put up security fencing. It was noted also that a 10 foot variance would be required along Mike Collins Drive to accomodate the proposal. Member McCrea indicated she did not note a hardship but Mr. Briguet stated that drivers would have an easier time to maneuver with more room. 45 APC Minutes November 24, 1982 Member Hall suggested a 10 foot setback along the northerly portion of Mike Collins Drive, adjacent to Apollo Road, with 20 foot setback along the balance as had been approved in 1981. Member Hall objected to the location of the connection to the railroad, if at any time a crossing is permitted. After discussion, McCrea moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. To provide for a variance for 10 foot setback along the northerly portion of Mike Collins Drive lying adjacent to and directly south of Apollo Road with the balance of the setback along Mike Collins Drive consisting of a 20 foot setback. 2. That the City allow a temporary easement on that portion of Apollo Drive lying adjacent to the applicants property for use as tractor trailer parking, subject however, to abandonment of the easement by the applicant or its successors at such time as the City requests that the Apollo Road area be vacated and that the applicant then comply with all then existing ordinances for setbacks with the applicant being responsible for any assessments that may accrue for the extension of Apollo Road and that the abandonment of the right- of-way take place at such time as requested by the City but more specifically, when one of the following conditions exist: a. The abandonment of the Milwaukee Road right-of-way by the railroad to allow a crossing of Apollo Road. b. If the Public Service Commission grants a permit for such railroad crossing. C. At any such time as a crossing of the railroad right-of-way is authorized for Apollo Road. 3. No more than 40 tractor trailers shall be allowed to be stored on Lots 1 and 2, Block 4, Eagandale Center Industrial Park 03• 4. The applicant shall provide adequate dust control measures on crushed limestone surface on a regular basis. 5. A detailed landscape plan shall be provided and a landscape bond of an adequate amount shall be provided and not released until one year after the landscaping has been completed. 6. Compliance with all other City ordinances. All voted in favor. N Agenda Information Packet December 7, 1982.City Council Meeting Page Thirteen CABLE TELEVISION JOINT POWERS AGREEMENT B. Joint Burnsville/Eagan Cable Television Commission Recommenda- tion to Consider Adoption of a Joint Powers Agreement -- At the last regular meeting of the Joint Burnsville/Eagan Cable Communica- tions Commission that was held at the City of Eagan on Thursday, November 18, 1982, the commission adopted a joint powers agreement for the joint administration of the cable communications franchise. Procedurally, the joint powers agreement must be acted upon favora- bly by both the City Councils of Burnsville and Eagan. Therefore, a copy of the joint cooperative agreement for the administration of the cable communications system has been placed on the City Council agenda for consideration. Enclosed on pages 4& through � is a copy of that agreement. It is not necessary at this time to appoint directors of the commission; that can come later when the cable communication disolves and the new commission is activated. City Councilmember Smith, the City Council's representa- tive on the cable communications commission and City Administrator Hedges will be available to answer questions and review the joint powers agreement with the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the joint cooperative agreement for the administration of a cable communica- tions system. 45N BURNSVILLE/EAGAN CABLE OOMMUNICATIONS O MISSION Joint and Cooperative Agreement For the Administration of a Cable Communications System I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. The general purpose of this agreement -is to establish an organization to monitor the operation and activities of cable communications, and in par- ticular, the Cable Communications System (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for their respective System; and to conduct such other activities authorized herein as may be necessary to provide equitable and reasonable rates and service levels for the citizens of the parties to this agreement. III. NAME The name of the organization is the Burnsville/Eagan Cable Communications Commission. IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a member. Section 4. "Franchise" means that cable communications franchise granted by the cities of Burnsville and Eagan, Minnesota. Section 5. "Grantee" means the cable company duly awarded the Franchise through the regular ordinance procedures of Member. 4b agreement. Section 6. "Member" means a municipality which enters into this Section 1.. The muncipalities of Burnsville and Eagan, Minnesota are eligible to be the initial members of the Cammission. Any municipality geographically contiguous to any of these named municipalities, and served by a cable communication system through the same Grantee, may became a member pur- suant to the terms of this agreement. Section 2. Any municipality desiring to became a member shall exe- cute a copy of this agreement and conform to all requirements herein. Section 3. The initial members shall be those members who become mem- bers by February 1, 1983. Section 4. Municipalities desiring to became members after February 1, 1983, may be admitted by an affirmative vote of three-fourths (3/4) of the Directors of the Ccmnission. The Comnission may by resolution impose conditions upon the admission of additional members. VI. DIRECPDR.S; VOTING Section 1. Each party shall be entitled to four (4) directors to represent it on the Cammission. Each director shall have one vote. Section 2. The Council of each member shall appoint by resolution its four directors one of whom shall be a member of the Council, and the other three shall be residents of the member. A director shall serve for a term of two (2) years or until replaced by the Council appointing said director, provided, that two (2) ofthe initial directors appointed by a member shall be designated as having one (1) year terms. Directors shall serve without compensation from the Commission. The chief administrative officer of each member of his designee shall be an ex -officio, non-voting member of the Commission. Section 3. The Council of each member shall appoint one alternate to -2- ,7 the Comnission.for a term of one (1) year who will be responsible to attend Commission meetings and shall represent the member in the absence of a direc- tor. The Cortmission, in its By -Laws, my provide for the appointment by the City Council of additional alternate directors and prescribe the extent of their powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. A majority of the directors of the Commission made up of at least two directors from each member shall constitute a quorum, but a smaller number may adjourn from time to time. The ex -officio members shall not be counted for the purpose of establishing a quorum. Any official action of the Commission must be authorized by an affirmative vote of a majority of the direc- tors present and voting, provided at least two directors from each member have voted in the affimative. Section 7. Directors shall not be eligible to vote on behalf of the directors' municipality during the time said municipality is in default on any required financial contribution or payment to the Commission. During the existence of such default, the vote or votes of such member shall not be counted for the purposes of this agreement. VII. EFFECTIVE DATE; MEETINGS; ELEcrICN c' OFFICERS Section 1. A municipality may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agreement, together with a -3- ■E certified copy of the authorizing resolution, with the City Clerks of both Burnsville and Eagan, Minnesota. The resolution authorizing the execution of the agreement shall also designate the directors for the municipality on the Commission, along with said directors' addresses and phone numbers. Section 2. This agreement is effective on the date when executed agreements and authorizing resolutions of all of the municipalities named in Article V, Section 1 have been filed as provided in this Article. Section 3. Within fifteen (15) days after the effective date of this agreement, the Mayors of Burnsville and Eagan, Minnesota shall call the first meeting of the Commission which shall be held no later than thirty (30) days after such call. Section 4. The first meeting of the Commission shall be its organiza- tional meeting. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall select from among the directors a Chair, Vice -Chair, and Secretary -Treasurer, adopt By -Laws governing its procedures including the time, place, notice for and frequency of its regular meetings, adopt a procedure for calling special meetings, and such other matters as are required by this agreement. The Commission, in its By -Laws, may provide for the division of the office of Secretary - Treasurer into the offices of Secretary and Treasurer. VIII. POWERS AND DUTIES CP THE CaMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization provided the annual value of said contract does not exceed the budget of the Camnission. The Commission may not contract for the purchase -4- 49 of real estate without the prior authorization of the member municipalities. Any purchases or contracts made shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each member except for that authority and those tasks specifically retained by a member. Section 4. The Commission shall continually review the operation and performance of the cable communications system of the members and prepare annual reports if required by the Minnesota Cable Communications Hoard and the FCC. Section 5. The Commission shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee. Section 6. The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time, part-time or consulting basis, as the Commission determines, and the Commission may make any required employer contri- butions which local governmental units are authorized or required to make by law. Section 7. The Conmission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legistlative or admi- nistrative bodies, on any matter related to or affecting cable communication rates, franchises, or levels of service. Section 8. The Comnission may obtain fran Grantee and from any other source, such information relating to rates, costs and service levels as any member is entitled to obtain frau Grantee or others. -5- SSO Section 9. The Comnission may apply for and use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. The Commission shall make an annual financial accounting and report in writing to the members. Its books and records shall be available for examination by the members at all reasonable times. Section 11. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such a manner as the Comnission may deter- mine. Section 12. The Commission shall adopt By -Laws which may be amended from time to time. Section 13. The Commission may exercise any other peter necessary and incidental to the implementation of its powers and duties. IX. OFFICERS Section 1. The officers of the Commission shall consist of a chair, a vice -chair and a secretary -treasurer, each of whom shall serve for a one year term, or until replaced by action of the Commission. The by-laws may provide for the alternation annually of the chair between directors from Burnsville and Eagan. Additionally, the vice -chair shall not represent the same municipality as the chair. Section 2. A vacancy in the office of chair, vice -chair or secretary - treasurer shall occur for any of the reasons for which a vacancy in the office Of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. committee. Section 3. The three officers shall all be members of the executive Section 4. The chair shall preside at all meetings of the Comnission S � and the executive committee. The vice -chair shall act as chair in the absence of the chair. Section 5. The secretary -treasurer shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. Section 6. The secretary -treasurer shall be responsible for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as shall be delegated by the Commission. The Commission may require that the secretary -treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Cannission. If required by the Ccamission, said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Section 7. The Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. X. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the chair and secretary -treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial contributions of the members in support of -7- sa the Commission shall be the five percent (58) franchise fee which shall be collected from Grantee by the Commission on behalf of the members. Members shall bill the Commission for all cable -related expenses. The Commission shall, by majority vote, reimburse members for such expenses. The remainder of the franchise fee shall be used by the Commission for cable -related expenses. Prior to the oollection of franchise fees adequate to cover expenses, the Grantee, as a prepayment of the intial franchise fee shall reimburse members and the Commission for all cable -related expenditures. Section 4. The initial budget of the Commission shall be sent to the members for their approval within ninety (90) days of the organizational meeting. A proposed budget for the ensuing calendar year shall be formulated by the Commission and submitted to the members on or before August 1. Such budget shall be deemed approved by a member unless, prior to October 15 preceding the effective date of the proposed budget, the member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before November 1 of each year. Section 5. Any member may inspect and copy the Cormission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory Cities. XI. DURATION Section 1. The Commission shall continue for an indefinite term. The Commission may be terminated my mutual agreement of the members at any time. Section 2. A member may withdraw from the Commission by filing a written notice with the secretary -treasurer by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. A notice of ME S3 withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Ccmadssion, the member shall have no claim against the assets of the C emission. Section 3. In the event of dissolution, the Commission shall deter- mine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the pro- visions of this agreement. Upon dissolution of the Commission all remaining assets of the Ccnmission, after payment of obligations, shall be distributed equally between the members. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of 19 , WITNESSED BY: By: By: Its Filed in the office of the Clerk of the City of this day of , 19 Thomas D. Creighton, for STERN, LEVINE, SCHMUM, LIFSON & CREIGHTON, P.A. 5005 South Cedar Lake Road Minneapolis, MN 55416 Telephone: (612) 377-8620 -9- s4 Agenda Information Packet December 7, 1982 City Council Meeting Page Fourteen 'ADDLTiI ONAll;i IiTEMSI' CONTRACT 82-14 BIDS A. Contract 82-14, Receive Bids/Award Contract (Safari 4.0 M.G. Reservoir) -- On Thursday, December 2, 1982, at 10:30 a.m., formal bids were opened for the above referenced contract. A copy of the bid tabulation is enclosed on page S(e for the Council's information. As can be seen, the low --H -d --was submitted by Webco, Inc., in the amount of $531,190.00 which is approximately 22.45% under the feasibility report and engineer's estimate. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 82-14, authorize the Mayor & City Clerk to execute all requied contract documents and award the contract to the low bidder, Webco, Inc., in the amount of $531,190.00. SS Our File No. 49222 SAFARI 4.0 MILLION GALLON WATER RESERVOIR CITY CONTRACT 82-14 -PROJECT 366 EAGAN, MINNESOTA CONTRACTORS 1. Weboo, Inc. 2. Chicago Bridge & Iron Co. 3. Pittsburg Des Moines Corp. 4. Prairie Tank, & Construction 5. Brown Minneapolis Tank 6. Caldwell Tanks, Inc. 7. C. S. McCrossan Inc. 8. Enebak Construction Co. 9. A. W. Welding 10. Scan Construction Inc. - ENGINEER'S ESTIMATE -------- FEASIBILITY REPORT (F.R.) Low Bid % over (+)or under (-) F.R. 2811b BID TIME: 10:30 A.M., C.S.T. BID DATE: Thursday, Dec. 2 1982 TOTAL BASE BID ALTERNATE BID $531,190.00 $ 750.00 542 800 00 1.400.00 S34.300.00 1.400.00 n 1.564.00 _ 977,770 00 r,n5 nnn no 1:550.00 700.00 m Pin NO BID ran RTD NO BID NO BID NO BID NO BID NO BID SS wi 531,190 —22.45% Agenda Information Packet December 7, 1982 City Council Meeting Page Fifteen JOINT CABLE COMMISSION UPDATE B. Joint Cable Commission Update -- A portion of the most recent cable television commission update is a part of New Business, Item B. Additional business that was conducted at the last regular cable commission meeting consisted of adopting the recommendation of a special subcommittee of the cable commission who requested, reviewed, and reported on technical review proposals for review of the cable franchises when they are received on January 6, 1983. The firm recommended for approval was Telecommunications Management Corp. City Councilmember Smith and City Administrator Hedges will comment in further detail on the last commission meeting and provide some chronology of what is to be expected in the months to come for the adoption and implementation of cable television for the City of Eagan. Uty Administrafor S7 - "..."'AWE -RDA _,.__..-- REGULAR MEETING EAGAN CITY.COUNCIL EAGAN, MINNESOTA CITY HALL DECEMBER 7, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS 9be \ A. Fire Department eo94\ C. Park Department B. Police Department W�N D. Public Works Department IV. 6:55 - CONSENT ITMES (One motion approves all items) `Roost. 3 A. Conditional Use Permit Renewals for November & December Q• 3 B. Annual Planned Development Reviews P•Pr C. Trading of Assets/Park Site Acquisition & Development Fund & Consolidated Debt Service Bond Fund D. I-35E/Lone Oak Road, Approve MnDOT Plans & Specifications (Interchange & Frontage Roads) Q. 5 E. Consideration of 1983 -Consulting Engineering Fee Schedule Q 1 F. Approval of Warming House Attendants for 1982-1983 Winter Season V. 7:00 - PUBLIC HEARINGS 9 A. Senior Citizen/First Time Homebuyer Program (Dakota County ?I HRA Mortgage Revenue Bond Program) ?.30 B. Federal Revenue Sharing Proposed Use VI. OLD BUSINESS A. Temporary Advertising Sign for Gabbert Development Company at Pilot Knob Road and Wilderness Run Road -33>B. Ordinance Adopting a Codification of All Ordinance of the City of Eagan 3(o C. Review City Hall Plans P• VII. NEW BUSINESS P,3 A. North Star Transport, Inc., Robert Sack, for a Conditional Use Permit to Allow Outside Truck Storage on Lots 1 & 2, Block 4, Eagandalc Center Industrial Park #3 p 4 s B. Joint Burnsville/Eagan Cable Television Commission Recommendation to Consider Adoption of a Joint Powers Agreement Eagan City Council Agenda December 7, 1982 6:30 P.M. Page Two VIII. ADDITIONAL ITEMS f.s S A. Contract 82-14, Receive Bids/Award Contract (Safari Water Reservoir) .5'7 B. Joint Cable Television Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTATOR HEDGES DATE: DECEMBER 3, 1982 SUBJECT: AGENDA INFORMATION After approval of the November 16, 1982 regular City Council minutes and special City Council minutes for the November 4, November 23 and November 30 meetings and the December 7, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT' HEAD BUSINESSi FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- As a part of the administrative packet to be distributed on Monday, December 6, 1982, there will be an item for discussion relating to snowmobile trails. The Director of Parks & Recreation has met with the snowmobile association and will be discussing altenatives regarding the inner city movement with the Advisory Parks & Recreation Committee. Additional informa- tion on this item will be made available Monday. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 2978, Final Assess- ment Roll Revisions -- As the Council may recall, on ovem er , the City Council formally held the final assessment hearing for several property owners who had submitted written objections and/or formal appeals to the Blackhawk Lake trunk storm sewer assessment. At this reassessment hearing on November 9, only two major property owners continued their objections, Mr. Jim Horne (Horne Development Corporation) and Mr. & Mrs. Floyd Bryant. Based on the written objections that were received on November 6, the public hearing for these final reassessments was continued until December 21 to allow adequate time for property appraisal work to be performed. Detailed research by the engineering division has indicated that the property owned by Floyd and Victoria Bryant in the Northwest quadrant of the intersection of Deerwood Drive and Pilot Knob Road (10 acres) does not lie within the general drainage basin for Black - hawk Lake. As such, this property does not contribute any surface Agenda Information Packet December 7, 1982 City Council Meeting Page Two water runoff into this drainage basin. It was originally included with the original assessment schedule because of the City's past policy to try to incorporate all properties within at least a quar- ter section boundary to try and maintain uniformity in levying the City's trunk area assessments. However, detailed topography review indicates that it would be difficult to justify a trunk area storm sewer assessment to this property which lies outside of the drainage basin. This property generally drains to the east of Pilot Knob Road and is ultimately serviced through Patrick Eagan Park to Hurley Lake and ultimately through Fish Lake and Blackhawk Lake. However, substantial additional trunk area storm sewer im- provements will have to be installed at a later date before we would incorporate this ten acre parcel in a future assessment hearing. Therefore, the Public Works Director and City Attorney are recom- mending that the City Council take formal action at the December 21 Council meeting to delete Parcel #10-02100-010-04 from the final assessment roll for Project 297-R. In addition, the City Attorney and Public Works Director have met with the selected real estate appraiser for the Jim Horne property. We have received a written estimate of $3,500 to perform the proper- ty appraisal for the Jim Horne property. This will be broken down into $155 per platted lot within the Kingswood Addition and $1,500 to the remaining twenty-seven acres of undeveloped property. There- fore, at the December 21 meeting, the staff will be recommending a revised assessment roll, increasing the proposed final assessment to incorporate the estimated appraisal costs. In addition, the City Attorney will be discussing the feasibility of holding this final assessment hearing for Jim Horne on a separate night.at a special council meeting instead of at a regular Council meeting due to the anticipated time expected for the City to present testi- mony and facts supporting the proposed final assessment figures. There is no formal action to be taken by the City Council on either of these items at this meeting. However, discussion pertaining to these items will assist the staff in proceeding with the appro- priate action at future Council meetings. 7 Agenda Information Packet December 7, 1982 City Council Meeting Page Three 1. CONSENT AGENDA, There are six (6) items to be considered under the agenda referred to as Consent Items which one motion for approval of all items. If there are any items the City Council wishes to discuss in detail, those items should be placed under Additional Items unless the discussion required is brief. CONDITIONAL USE PERMIT RENEWALS A. Conditional Use Permit Renewals for November and December - Three (3) conditional use permits are in order for annual review and renewal consideration. Those conditional use permits are as follows: Dakota Homes, located at 3660 Dodd Road, for a sales lot; John Bushnell, at 4890 S. Robert Trail, for a temporary building; and Mary Schmidt, 1080 Lone Oak Road, for a Montessori School. All three (3) conditional use permits have been reviewed by the City staff and are found to be in compliance with the origi- nal intent of the conditional use approvals. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the conditional use permit renewals for the months of November and December. ANNUAL PLANNED DEVELOPMENT REVIEWS B. Annual Planned Development Reviews -- The Advisory Planning Commission and City Council held a joint meeting on November 30, 1982 at which time seventeen (17) planned developments were reviewed in detail. There were two planned developments that required changes and therefore could not be considered for annual review approval. New public hearings will be scheduled to consider the changes required and to further consider the planned developments for Cedar Cliff Commercial Planned Development and South Delaware Hills Planned Development. The other fifteen planned developments listed as follows: 1. Cinnamon Ridge Planned Development 2. Duckwood Trail Planned Development 3. Blackhawk Park Planned Development 4. Eagan 40 Limited Partnership 5. Bicentennial Planned Development 6. Gopher -Eagan Planned Development 7. Winkler/Jackson Planned Development 8. Mission Hills Planned Development 9. Lexington South Planned Development 10. Eagan Hills West Planned Development 11. Plainview Planned Development 12. Pilot Knob Heights Planned Development 13. Galaxy Park Planned Development 14. Blue Cross -Blue Shield Planned Development 15. Briar Hill Planned Development 3 Agenda Information Packet December 7, 1982 City Council Meeting Page Four Developers were present to review many of the aforementioned planned developments and in some cases stated that they would be proposing changes in the future; however, at the present time, the planned development could be approved as it is recorded with the City of Eagan. The Advisory Planning Commission is recommending approval of all fifteen (15) planned developments listed above for the re- quired annual review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Advisory Planning Commission to approve the annual review for the 15 planned developments listed above. TRADING OF ASSETS FOR TWO CITY FUNDS C. Trading of Assets/Park Site Acquisition & Development Fund & Consolidated Debt Service Bond Fund -- Currently, the Park Site Acquisition and Development Fund shows a special assessment receiva- ble balance totalling $2,483.02. It is the opinion of the Director of Finance and the City's auditing firm, Wilkerson, Guthman & John- son, as well as an independent reviewed, that this fund type be changed for reporting purposes and that it is not appropriate to show special assessment activity in the Park Site Acquisition and Development Fund. The Director of Finance is requesting that these special assessments be traded to the Consolidated Debt Service Bond Fund for cash to eliminate the accounting problem. The dollar amount is immaterial to both funds and consequently would have little financial impact on either one. The assets in the Park Site Acquisition and Development Fund and Consolidated Debt Service Bond Fund do not change; it is merely a trading of assets. Anytime assets are traded or transferred from a particular City fund, City Council approval is required. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the trading of assets in the amount of $2,483.02 of special assessment receivables for cash from the Park Site Acquisition & Development Fund to the Consolidated Debt Service Bond Fund. 0 Agenda Information Packet December 7, 1982 City Council Meeting Page Five I-35E/LONE OAK ROAD PLANS & SPECS D. I-35E/Lone Oak Road, Approve MnDOT Plans & Specifications (Interchange & Frontage Roads) -- The City has received detailed plans and specifications for MnDOT S.P. 1982-60 (35E=390) for formal review and approval by the City of Eagan. This project provides for the construction of I -35E from 0.4 miles south of Lone Oak Road to 0.6 miles north of Lone Oak Road and includes the relocation of the west service road over to Eagandale Boulevard. Previously, the City has approved detailed plans and specifications which pro- vided for the relocation of the existing utilities along Lone Oak Road in anticipation of this forthcoming project. That work is currently progressing. These plans and specifications provide for the actual grading, paving and bridge construction. These plans and specifications have been reviewed in detail by the engi- neering division and all concerns adequately addressed in these final plans for approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve and authorize the Mayor & City Clerk to execute a resolution approving the de- tailed plans and specifications for MnDOT S.P. 1982-60 (35E=390) for the construction of I -35E interchange with Lone Oak Road (County Road 26). 1983 CONSULTING ENGINEERING FEE SCHEDULE E. Consideration of 1983 Consulting Engineering Fee Schedule - Enclosed on page (p is a proposed fee schedule submitted by the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates for 1983. The fees are being increased represent an average increase of approximately 6.1%. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the re- quested increase in fee schedule for 1983 to the existing contract for consulting engineering services with Bonestroo, Rosene, Anderlik & Associates, Inc. s SCHEDULE E 1983 CLASSIFICATION Principal Engineer Registered Engineer Assistant Engineer and Field Supervisor Senior Technician Junior Technician Word Processor Clerical Attendance at Regular Council Meetings Reimbursable Expenses Reproduction, Printing, Duplicating Out—of—Pocket Expenses such as meals, lodging, stakes, telephone calls, etc. Mileage 1898b C.: $40.00 $42.50 6.3% 36.00 38.50 6.9% 29.50 31.00 5.18 24.00 25.50 6.3% 18.00 19.00 5.6% 18.50 19.50 5.4% 13.50 14.50 7.4% 40.00 40.00 No change At Invoice Cost At Actual Cost $ 0.20/mile Agenda Information Packet December 7, 1982 City Council Meeting Page Six WARMING HOUSE ATTENDANTS F. Warming House Attendants -- Parks & Recreation Director Vraa is recommending the approval of warming house attendants as listed on page '% All positions are considered part-time and the compensation is $3.10 to $3.70 per hour with the average salary at approximately $3.40 per hour. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the warming house attendants for the 1982-1983 skating season. November 29, 1982 MEMO TO: PARKS F, RECREATION DIRECTOR, VRAA FROM: RECREATION PROGRAMMER, PETERSON RE: WARMING HOUSE ATTENDANTS FOR 1982-83 SEASON ITEM FOR COUNCIL CONSENT AGENDA During the past two weeks interviews were conducted after school and on a Saturday with prospective warming house attendants. Approximately, 30 applications were received; 15 interviews were held. The following individuals are proposed for temporary, part-time employment as warming house attendants. Returning'Attendants Steve Fleming Keith Fletcher Todd Grant Tony Haig Ken Hawe Lori Latzke David Maloney Brian Rafferty Victor Schultz Brian Skoglund Todd Swanson New Attendants Tony Athen . Matthew Bellanti Scott Ingalls David Kivi Dennis Wardinski Substitutes Ken Bungert Guy Cooper Dominick Dichiria Greg Ellingson Scott Ellingson Greg Thurston Agenda Information Packet December 7, 1982 City Council Meeting Page Seven TUiB'L'I"G � HEARSN,GSi. SENIOR CITIZEN/FIRST TIME HOMEBUYER PROGRAM A. Senior Citizen/First Time Homebuyer Program (Dakota County HRA Mortgage Revenue Bond Program) -- At the November 9, 1982 regu- lar City Council meeting, the housing plan was amended as recom- mended by the Dakota County HRA to comply with the single family mortgage revenue bond program being proposed by the Dakota County Housing and Redevelopment Authority for the Cities of Eagan, Mendota Heights and West St. Paul. The next step in considering the single family mortgage revenue bond program is a public hearing on the actual program. Briefly, the Dakota County HRA is establishing a housing finance program on behalf of the Cities of Eagan, Mendota Heights and West St. Paul that will develop and administer a program of making or purchasing mortgage loans to finance the acquisition of single family housing located anywhere within the boundaries of all three communities for occupancy by persons primari1y of low and moderate income. Enclosed on pages Mthrough is a copy of the single family mortgage revenue bona program that is being considered for the City of Eagan. This document provides a significant amount of information about the proposed revenue bond program. Representatives of the Dakota HRA, Miller & Schroeder Municipals, Inc., and Holmes and Graven law firm will be present to answer questions and review the program as outlined in the sup- port information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the single family mortgage revenue program (senior citizen - first time home- buyer program) to be administered by the Dakota County Housing and Redevelopment Authority. 0 POLICY ISSUES The following items are requirements that are included in the enclosed draft of the Dakota County's Housing and Redevelopment Authority's Single Family Mortgage Revenue Bond Program that are not required by federal or state laws or the practical and financial limitations needed for a successful single-family mortgage finance program. The City Council may include any of the following policy issues or may wish to modify them. (1) Housing Units: Although State law defines single-family housing, the Program may set forth whether condominiums, townhouses or mobile homes or trailers shall be eligible under the Program. The current draft of the Program, on page 4 - item #16, provides that a "Housing Unit" shall mean residential real property and facilities functionally related and subordinated thereto securing a Mortgage Loan, which shall be a private detached or attached one or two family dwelling, including a prefabricated constructed dwelling unit, which contains permanent eating, cooking, sleeping and sanitary facilities and which is attached to a permanent foundation on a developed lot, or a one -family apartment under condominum ownership (as defined in Minnesota Statutue Chapter 515A), not including a mobile home or trailer even if attached to a permanent foundation, including New Housing Units, owned and occupied by one person or family as a principal residence (and in case of a two family dwelling occupied by one other prson or family), containing complete living facilities and located within the geographical boundaries of the Cities. The program further provides, on page 10 - item #5, that "Mobile homes and trailers are not eligible for partici- pation under the Program, even if they are attached to perma- nent foundations." (2) One Time Participation Restriction: The City may wish to include as part of its guidelines a provision stating that no mortgage loan shall be made to a mortgagor who has an application pending to receive or has received a mortgage loan from any other originated lender under the Program. The result of such a provision is to prohibit potential homebuyers from "Shopping" the various originating lenders and from participating in the Program more than once. The draft provides, on page 11 - item 411 that "No Mortgage Loan shall be made to a Mortgagor who has an application pending to receive or has received a Mortgage Loan from any other Originator pursuant to the Program." 10 (3) Six Month Set Aside: The Dakota County HRA, in order to issue its mortgage revenue bonds, must submit its Program by January 2, 19839 to the Minnesota Housing Finance Agency. To recieve an allocation of bonding authority from the Agency, the Agency will consider two important factors: (1) the amount of the proposed issue which is reserved for a period of not less than six months for persons or families with adjusted gross incomes below 80 percent of the maximum allowable gross income; and (2) the amount of non -bond proceeds, if any, as a percentage of the Program, which are to be contri- buted to the Program. To clear the first hurdle with the Agency, the Program provides, on page 12 - item #13 that "For the first six (6) months after the Commencement Date, 100% of the fund provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Incomes at the time of application of less than eighty percent (80%) of the limit set forth in Section (12)." This program also provides that the ninety percent (90%) of funds reserved for first time homebuyers be set aside in equal percentages for each of the three Cities for the first six months of the Program. The language appears on page 16 - item V, stating that "For the first six months after the Commencement Date, at least thirty percent (30%) of the funds shall be reserved for first time homebuyers in each of the three Cities." (4) Limits on Loan Assumptions: Federal law requires that at any time during the entire 30 -year life of the First Time Homebuyer Program, no more than 10% of the loans be in the hands of non -first time homebuyers. Therefore, the Program has been drafted to freely allow assumptions of any of the mortgage loans, so long as the 10% first time homebuyer requirement continues to be met and so long as the assuming buyer agrees to maintain the house as his or her primary residence. The language appears on page 12 - item #14, stating that "To the extent required by law, the assumption of a Mortgage Loan from a Mortgagor by any other person or persons shall be permitted only if the program meets the requirements of Section 4(4) and the purchase price of the Housing Unit meets the require- ments of Section 4(8) and the new Mortgagors will occupy the Housing Unit as their primary residence." -2- (5) Set Aside of Non -First Time Homebuyers Money to the Senior Citizen Project Since the developer will be making contributions of non -bond proceeds to support this Program, the Program pro- vides that 10% of the funds permitted by federal law to be used for non -first time homebuyers should be allocated, for a time, to persons who will be purchasing condominium units in the Project. The language, which can be found on page 15 - item #4 states that "For the first 12 months after the Commencement Date, ten percent (10%) of the funds are reserved for non -first time homebuyers who purchase a condominium unit in the Project. If after 12 months any funds so set aside have not been used to purchase Mortgage loans, they may be used by non -first time homebuyers purchasing Housing Units in any of the Cities." (6) Truth in Housing Requirement: The Dakota County HRA would like to assist the buyers of existing housing by providing them with information about the house they are purchasing. Included in this program, is a requirement for the sellers of existing homes to pay for a Truth -in -Housing inspection. On page 14 - item #22 it states that "Sellers of existing homes will be required to pay to have their homes inspected by an HRA inspector in accordance with Dakota•County HRA Truth in Housing Regu- lations, as they exist at the time of sale." iz -3- SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM Pursuant to Minnesota Statutes, Chapter 462C, as amended in 1982, the Dakota County Housing and Redevelopment Authority acting on behalf of the cities of Eagan, Mendota Heights and West St. Paul has been authorized to develop and administer a program of making or purchasing mortgage loans to finance the acquisition of single-family housing located anywhere within its boundaries, for occupancy primarily by persons of low and moderate income. In creating their housing finance programs, the City Councils of Eagan, Mendota Heights and West St. Paul have found and determined that the preservation of the quality of life in their respective cities is dependent upon the maintenance and provision of adequate, decent, safe and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of their cities; that a need exists within their cities to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the their cities; that a need exists for mortgage credit to be made available for the new construction of additional single-family housing; and that many owners are unable to sell housing units and would-be purchasers of single-family housing units are unable to either afford mortgage credit at the market rate of interest or obtain mortgage credit because the mortgage market is severely restricted. The Dakota County Housing and Redevelopment Authority in establishing this housing finance program on behalf of the cities of Eagan, Mendota Heights and West St. Paul, has considered the information contained in the Housing Plans of each of the cities, including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private market financing for the acquisition of existing and newly constructed housing units; (iii) an analysis of population and employment trends and projections of i3 -1- future population trends and future employment needs; (iv) the recent housing trends of and future housing needs in each of the respective cities; and (v) an analysis of how the program will meet the needs of low and moderate income persons and families residing and expected to reside in each of the respective cities. The Dakota County Housing and Redevelopment Authority has further considered (i) the amount, timing and sale of bonds to finance the estimated amounts of mortgage loans to be made under the program, to fund the appropriate reserves and to pay the costs of issuance; (ii) the number and qualifications of lenders eligible to participate in the program; (iii) the method for monitoring the implementation by participants to insure that the program is consistent with the Housing Plan of each of the participating cities; (iv) the method of administering, servicing and supervising the program; (v) the cost to the Dakota County Housing and Redevelopment Authority and to each of the cities, including future adminis- trative expenses; (vi) the restrictions on the purchase prices of housing units to be financed under the program; (vii) the maximum permitted income of persons or families receiving financing under the program; and (viii) certain other limitations. Section 1. Definitions. The following terms when used in this Section shall have the following meanings, respectively: (1) "Acquisition Fund" shall mean that fund (created pursuant to an indenture of trust by and between the HRA and the trustee for the Bonds) into which shall be deposited certain proceeds of the Bonds and other funds, if any, and from which the HRA shall purchase Mortgage Loans qualified for purchase under the Program. (2) "Act" shall mean Minnesota Statutes, Section 462C.01, et. seq., as currently in effect and as the same may be from time to time amended. (3) "Adjusted Gross Income" shall mean Gross Family Income, less $750 for each adult in the family, to a maximum of two adults, and less $500 for each other Dependent in the family. (4) "Agency" shall mean the Minnesota Housing Finance Agency, or any successor to its functions under the Act. (5) "Bonds" shall mean the revenue bonds to be issued by the HRA to finance the Program. (6) "Builder" or "Developer" shall mean any person or business entity, engaged in the construction for sale of Housing Units. In the event that any Builder or Developer owns more than fifty percent (50%") interest in any other business entity engaged in the construction for sale of Housing Units, all such entities shall be considered the same Builder or Developer for the purposes of this Program. (7) "Cities" shall mean the Cities of Eagan, Mendota Heights and/or West St. Paul, County of Dakota, State of Minnesota, or any housing and redevelopment authority in and for any of the Cities authorized by ordinance of the appropriate City Council to exercise, on its behalf, the powers conferred on the City under the Act. (8) "City Councils" shall mean the city councils of the cities of Eagan, Mendota Heights and West St. Paul. (9) "Commencement Date" shall mean the date on which the HRA has Bond proceeds available to purchase Mortgage Loans under this Program, or for New Housing Units to be purchased with Mortgage Loan Proceeds, the date on which pre -sale efforts to market New Housing Units has commenced. (10) "Dependent" shall mean dependent, as defined in Section 152 of the Internal Revenue Code of 1954, as amended, and the regulations thereunder. (11) "FHLMC" shall mean the Federal Home Loan Mortgage Corporation, or any successor to its functions. (12) "FHA" shall mean the Federal Housing Administration, an agency of the United States of America within the United States Department of Housing and Urban Development, or any successor to its functions. (13) "FNMA" shall mean the Federal National Mortgage Association, or any successor to its functions. (14) "Gross Family Income" shall mean the current annual income from all sources as determined in accordance with the then current loan origination requirements of either FHLMC, FNMA, FHA or VA related to mortgage loans originated under programs regulated by FHLMC, FNMA, FHA or VA, or private mortgage insurance as the case may be, as verified by an Originator in accordance with such requirements and its customary underwriting practices, of the Mortgagor, his or her spouse, and any co-owner of a fee interest in the Housing Unit to be financed with the proceeds of a Mortgage Loan. (15) "Housing Plan" shall mean the housing plan of each of the Cities, as adopted to conform with the requirements of Minnesota Statutes, Chapter 462C. These plans were adopted on the following dates: Eagan on Tuesday, November 9, 1982; Mendota Heights on Tuesday, October 19, 1982; and West St. Paul on Monday, November 8, 1982. (16) "Housing Unit" shall mean residential real property and facilities functionally related and subordinate thereto securing a Mortgage Loan, which shall be a private detached or attached one or two family dwelling, including a prefabricated construction dwelling unit, which contains permanent eating, cooking, sleeping and sanitary facilities and which is attached to a permanent foundation on a developed lot, or a one family apartment under condominium ownership (as defined in Minnesota Statutes, Chapter 515A), not including a mobile home or trailer even if attached to a permanent foundation, including New Housing Units, owned and occupied by one person or family as a principal residence (and in case of a two family dwelling occupied by one other person or family), containing complete living facilities and located within the geographical boundaries of the Cities. (17) "HRA" Shall mean the Dakota County Housing and Redevelopment Authority acting on behalf of the Cities. (18) "Lending Institution" shall mean any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage bank or other financial institution or gov- ernmental agency including a Developer which customarily makes or services mortgage loans on owner -occupied residential housing or any holding company for any of the foregoing, provided, however, such Lending Institution is approved by FHA, VA, FNMA or FHLMC. (19) "Mortgage Insurer" shall mean the FHA, the VA or any Qualified Mortgage Guaranty Insurer. (20) "Mortgage Loan" shall mean an interest bearing loan to a Mortgagor for the purpose of purchasing a Housing Unit, evidenced by a promissory note and secured by a mortgage or deed of trust on such Housing Unit. (Zl) "Mortgagor" shall mean an individual or individuals who have received a Mortgage Loan. 17 -5- (22) "New Housing Unit" shall mean a newly constructed Housing Unit as to which the Mortgagor will be the first occupant. (23) "Originator" shall mean a Lending Institution which agrees in writing with the HRA to originate and/or service Mortgage Loans pursuant to this Section. (24) "Originator Commitment" shall mean any commitment to an Originator which may be approved by resolution of the HRA pursuant to which the Originator agrees to originate and sell to the HRA a specified dollar amount of Mortgage Loans, subject to the requirements of this Pro- gram. (25) "Pledged Savings Account" shall mean a savings account established in connection with a Pledged Savings Account Mortgage Loan, which savings account and the earnings thereon may be used to make payments on the Mortgage Loan any time during the initial years of its amortization period and which will be pledged as security for the Pledged Savings Account Mortgage Loan. (26) "Pledged Savings Account Mortgage Loan" shall mean a Mortgage Loan originated pursuant to any program approved by the Program Adminis- trator, for which a portion of the principal and interest payments during the initial years of such Mortgage Loan will be paid from a Pledged Savings Account. (27) "Program" shall mean the housing finance program authorized and to be implemented by the HRA pursuant to this Program and the Act. (28) "Program Administrator" shall mean any Lending Institution which agrees in writing with the HRA to monitor Originators' origination and servicing of the Mortgage Loans which have been sold to the HRA or to service all such Mortgage Loans, and to perform such other functions as are agreed upon by such Program Administrator and the HRA. I° -6- (29) "Project" shall mean the condominium and/or townhouse project con- structed by Developer in the City of Mendota Heights for senior citizens who may refinance their existing Housing Units with the proceeds of mortgage revenue bonds sold under this program. (30) "Qualified Mortgage Guaranty Insurer" means any mortgage guaranty insurance company approved by FNMA or FHLMC, which is licensed to do business in the State of Minnesota and (i) whose policies or insurance would not adversely affect the rating on the Bonds with the rating agency which initially rated the Bonds or (ii) is rated on the basis of claims payment ability at the highest rating then given insurers issuing mortgage guaranty insurance policies by such agency on the basis of claims payment ability, so long as such agency rates such insurers on the basis of claims payment ability. (31) "Target Area" shall mean a development district established pursuant to Minnesota Statutes, Sec. 472A.03, a redevelopment project established pursuant to Minnesota Statutes, Sec. 462.521, or an industrial develop- ment district established pursuant to Minnesota Statutes, Sec. 458.191, as such Target Areas may exist on the Commencement Date, or as may hereafter be established. (32) "VA" shall mean the Veterans Administration, an agency of the United States of America, or any successor to its functions. Section Z. Program for Acquisition of Mortgage Loans. The HRA hereby establishes a Program to acquire Mortgage Loans by contracting with Originators and making advance commitments to purchase mort- gage loans from Originators at such purchase prices and upon such other terms and conditions as shall be determined by the HRA in this Program document and in origination agreements to be entered into between the HRA and the Originator. In N -7- establishing and carrying out such Program the HRA may exercise, within the corporate limits of the Cities, any of the powers the Minnesota Housing Finance Agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A. Insofar as the HRA has contracted with underwriters, financial advisors, legal counsel, and will be executing a contract with a Program Administrator and a trustee, all of whom will be reimbursed from Bond proceeds and continuing Program revenues, it is not expected that additional staff will be assigned to the Program nor is it expected that any additional staff costs need be paid from the HRH's budget. The Program Administrator will administer the performance of the Originators with respect to the limitations set forth in this Program, and will monitor the originator's servicing of the Mortgage Loans or who will actually service the Mortgage Loans. The HRA will select a trustee for the Program and bondholders who is experienced in trust management and has a large corporate trust portfolio. The trustee will administer and maintain the Bonds sold to finance the Program. The Board of Commissioners of the HRA hereby authorizes and directs its Executive Director to monitor all negotiations between the various parties taking part in the Program to ensure that the Program documents are consistent with the Housing Plans of each of the Cities and the requirements of each of the Cities as set forth in this Program. Prior to the adoption of the resolution authorizing the sale of Bonds to finance the Program, the Executive Director of the HRA shall report to the Board of Commissioners of the ,HRA and to the City Council of each City her findings as to the consistency of the Program documents with the Housing Plan and the policies of each of the respective Cities contained in this Program. 20 Section 3. Local Contributions to the Program. To assure that sufficient proceeds will be available to redeem Bonds and to assure the financial feasibility of the Program, the Developers, participating Originators, Sellers and the HRA, from tax increment generated by the Project will contribute to the Program an amount equal to dollars, which funds may also be used to reduce a portion of the monthly payments required on all or a portion of the Mortgage Loans. Section 4. Standards and Requirements Relating to Mortgage Loans Pursuant to the Program. The following standards and requirements shall apply with respect to Mort- gage Loans acquired by the HRA pursuant to the Program: (1) A Mortgage Loan may be made only to finance the purchase of a Housing Unit existing at the time such Mortgage Loan is made. Construction loans shall not be made, but an Originator may enter into an agreement with a Mortgagor to make a Mortgage Loan to him or her upon the completion of the construction of a New Housing Unit to be financed by such Mortgage Loan, subject to the "first-come, first- served" and nondiscrimination basis specified in Section 4(2) hereof, and subject to the receipt of a certificate of a City building inspector stating that the New Housing Unit complies with the state building code, set forth under Minnesota Statutes, Sec. 16.83 et seq., as they are then in effect. (2) The Originators shall accept and process applications for Mortgage Loans for the purchase or construction of Housing Units on a nondis- criminatory "first-come, first-served" basis, subject to the other provi- sions of the Program, including any set asides and restrictions imposed by Section 5 hereof, and will not arbitrarily reject an application for a )_1 Mortgage Loan for a Housing Unit within a specified geographic area because of the location and/or age of the property, or, in the case of a proposed Mortgagor, vary the terms of a loan or the application procedures therefore because of race, color, creed, religion, national origin, sex, marital status, age or status with regard to public assis- tance or disability. (3) The Mortgagor of each Housing Unit must be fee owner of such Housing Unit, unless such Housing Unit is located in a cooperative, and must occupy such Housing Unit as his/her principal place of residence. (4) At least ninety percent (90%) of the moneys available to make Mortgage Loans shall be used to purchase Mortgage Loans made to first time home buyers or Mortgagors who have not owned a home for three (3) years prior to the Commencement Date. Up to ten percent (10%) of the moneys available may be used to purchase Mortgage Loans for Housing Units to be acquired by persons or families who are not first time home buyers, provided they meet all other requirements of this program. (5) Mobile homes and trailers are not eligible for participation under the Program, even if they are attached to permanent foundations. (6) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations. (7) Each Housing Unit must be located within the respective corporate limits of one of the Cities. (8) The purchase price of a Housing Unit may not exceed the lesser of (a) three times the Adjusted Gross Income Limit set forth in Section 4 (12); (b) four times the Adjusted Gross Income Limit if the Housing Unit is located within a Target Area; or (c) 110% of the average area purchase 212- -10- price for residential housing in the Minneapolis, St. Paul Standard Metropolitan Statistical Area computed as provided under the Proposed Treasury Regulations or any final regulations promulgated under Sec- tion 103A of the Internal Revenue Code of 1954, as amended. (9) Each Mortgage Loan shall be made in accordance with origination agreements to be entered into between the Originators and the HRA. (10) Each Mortgage Loan must, at a minimum, be insured or guaranteed if the original principal amount of the Mortgage Loan exceeds (or is expected at any time to exceed) 75976 of the lesser of the purchase price or appraised value of the property subject to the related Mortgage (treating a Pledged Savings Account as a portion of the down payment) or if it is a Pledged Savings Account Mortgage Loan, with either (i) FHA Insurance or (ii) a VA Guaranty or (iii) a Mortgage Guaranty Insurance Policy. 1 (11) No Mortgage Loan shall be made to a Mortgagor who has an application pending to receive or has received a Mortgage Loan from any other Originator pursuant to the Program. (12) The Adjusted Gross Income of a Mortgagor at the time of application for a Mortgage Loan shall not exceed the greater of: (f) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Devel- opment for the Minneapolis -St. Paul Standard Metropolitan Statistical Area; or (ii) 100 percent of the income limit established by the Minnesota Housing Finance Agency for each one of the respective cities; -11- Z� (iii) provided that, beginning six (6) months after the Com- mencement Date, up to twenty percent (20%) of the amount of bond proceeds deposited in the Acquisition Fund may be used to purchase Mortgage Loans made to Mortgagors with Adjusted Gross Incomes in excess of the amount set forth above who are purchasing Housing Units located within a Target Area. (13) For the first six (6) months after the Commencement Date, 10017o of the funds provided for the purchase of Mortgage Loans may be made or committed only to Mortgagors with Adjusted Gross Incomes at the time of application of less than eighty percent (80%) of the limit set forth in Section (12). (14) To the extent required by law, the assumption of a Mortgage Loan from a Mortgagor by any other person or persons shall be permitted only if the Program meets the requirements of Section 4(4) and the purchase price of the Housing Unit meets the requirement of Section 4(8) and the new Mortgagors will occupy the Housing Unit as their primary resi- dence. (15) An Originator may be allowed to retain from a Mortgagor an origination fee not exceeding one percent (1%) of the principal amount of the Mortgage Loan. A Developer and/or seller of a Housing Unit may also be charged an additional' origination fee, which fee may be used to defray Program costs. (16) In the event that on the date of adoption of the resolution by the HRA authorizing the sale of the Bonds, any Originator has entered into a commitment agreement with the Agency under which the Agency has agreed to purchase mortgage notes and mortgages securing loans for -12- single family housing, and the Originator has not closed an amount of eligible mortgages equal to at least 95 percent of the total amount provided in such commitment agreement, then the HRA may not enter into a commitment to purchase loans from such Originator under the Program unless the Executive Director of the Agency waives such restriction, as permitted under the Act. (17) No Mortgage Loan may be made at an interest rate which is less than the interest rate provided to consumers on mortgage loans being originated under a single family housing finance program administered by the Agency at the time of adoption of the resolution by the HRA authorizing the sale of the Bonds unless the Executive Director of the Agency waives such restriction, as permitted under the Act. (18) The difference between the interest rate on Mortgage Loans and the interest rates on the Bonds issued to acquire such Mortgage Loans shall represent only the costs of insurance premiums, amortized expenses of issuing the Bonds, the HRA's ongoing costs for the administration of all housing programs, fees of originating, servicing, and administering the Mortgage Loans and trustee and paying agent fees computed so as to provide that the Bonds shall not be deemed to be "arbitrage bonds" under the Proposed Regulations or any final regulations promulgated under Section 103A of the Internal Revenue Code of 1954, as amended. (19) Each Originator shall have in its possession with respect to the property financed by a Mortgage Loan and secured thereby an American Land Title Association -approved mortgagee's policy of title insurance (or a commitment therefor) in an amount at least equal to the outstanding principal amount of the Mortgage Loan or an opinion or such other evidence as shall be approved by the Program Administrator with as -13- respect to a Mortgagor's title to property financing by a Mortgage Loan. (20) In the event that the HRA acquires any existing residences in any of the Cities, with the intention of demolishing such residences and making the cleared sites available for the construction of New Housing Units, the HRA will make available to qualified residents of the residences so acquired any relocation assistance and benefits required to be provided pursuant to Minnesota Statutes, Sec. 117.52 et seq. (21) Mortgagors may be charged a deferred program participation fee not in excess of three percent (3%) of the original principal amount of the Mortgage Loan, either at maturity or upon payment of the outstanding Mortgage Loan balance. (22) Sellers of existing homes will be required to pay to have their homes inspected by an HRA inspector in accordance with Dakota County HRA Truth in Housing regulations, as they exist at the time of sale. Section S. Set Asides and Restrictions Relating to the Acquisition of Mortgage Loans. Notwithstanding anything in Section 3 to the contrary, the following restric- tions shall apply with respect to Mortgage Loans acquired by the HRA pursuant to the Program: (1) The HRA may permit commitments to be made between Originators and Developers to acquire Mortgage Loans on New Housing Units con- structed by particular Developers or, with respect to Developers of senior citizen projects, to acquire or make commitments to acquire Mortgage Loans for first time home buyers purchasing existing Housing Units owned by the senior citizens purchasing units in the senior citizen projects. Developers may be charged a commitment fee for such set X -14- asides, which fee may be used to defray Program costs. No more than 75 percent (75%) of the moneys deposited in the Acquisition Fund may be used to purchase Mortgage Loans for New Housing Units built or sold by any one Developer. (2) The HRA will enter into origination agreements with each Originator proposing to originate Mortgage Loans pursuant to the Program. The origination agreements shall specify the dollar amount of the Originator Commitment, provided that no more than seventy-five percent (75%) of the moneys deposited in the Acquisition Fund may be used to purchase Mortgage Loans from any one Originator, unless other eligible Lending Institutions are not interested in participating. (3) Any Lending Institution, as defined in Minnesota Statutes, Sec. 47.0151, doing business in the Cities and which is an FHA/VA approved or FNMA/FHLMC approved Lending Institution shall be offered an oppor- tunity to participate in the Program as an Originator. (4) Moneys deposited in the Acquisition fund are to be allocated as follows: for the first 12 months after the Commencement Date, ten percent (10%) of the funds are reserved for non -first time homebuyers who purchase a condominium unit in the Project. If after 12 months any funds so set aside have not been used to purchase Mortgage Loans, they may be used by non -first time home buyers purchasing Housing units in any of the Cities. (5) Ninety percent (9097o) of the moneys deposited in the Acquisition Fund must be used to purchase Mortgage Loans for first time home buyers. (6) The share of Mortgage loans that may be originated in each of the three Cities will be determined by the HRA and each of the Cities. a-7 -15- e (7) For the first six months, after the Commencement Date, at least thirty percent (30%) of the funds shall be reserved for first time home buyers in each of the three Cities. Section 6. Evidence of Compliance. The HRA may require from each Originator, at or before the time an agreement to originate Mortgage Loans is entered into by such Originator, evidence satisfactory to the HRA of the ability and intention of such Originator to make Mortgage Loans and sell them to the HRA under such agreement, and, at the time the HRA acquires a Mortgage Loan, evidence satisfactory to the HRA of compliance with the standards and requirements for the making of Mortgage Loans established by the HRA herein and in any agreement entered into between the HRA and the Originator; and in connection therewith, the HRA or its representatives may inspect the relevant books and records of such Originator in order to confirm such ability, intention and compliance. Section 7. Issuance of Bonds. To finance the program authorized by this Section, the Board of Commis - sioners of the HRA intends by resolution to authorize, issue and sell its Residential Mortgage Revenue Bonds by December 31, 1983 in an aggregate principal amount of up to $10,000,000, of which approximately $8,500,000 will be available to purchase Mortgage Loans. Principal of and interest on these Bonds shall be payable solely from the proceeds of the Bonds and the revenues of the Program authorized by this Program. The HRA shall enter into an indenture of trust with an institution authorized to accept such trusts and which is experienced in trust management and has a large corporate trust portfolio, upon such terms and conditions as the Board of Commissioners of the HRA shall determine, being advised thereon by bond counsel. In issuing Bonds, the HRA may exercise, within its corporate limits of any of the Cities, any and all of the powers the Minnesota Housing Finance Agency is W, -16- authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without limitation under the provisions of Minnesota Statutes, Chapter 475. Section 8. Severability. The provisions of this Program are severable, and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the HRA or any of the Cities or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 9. Amendment. The Cities and/or the HRA shall not amend this Program to the detriment of the holders of such Bonds while Bonds authorized hereby are issued and remain outstanding. )LQ -17- Agenda Information Packet December 7, 1982 City Council Meeting Page Eight FEDERAL REVENUE SHARING PROPOSED USE 8. Proposed Revenue Sharing Proposed Use -- To satisfy federal regulations regarding the revenue sharing act, it is necessary that the City hold two public hearings to consider the use of federal revenue sharing funds. The first public hearing is a pro- posed use hearing to consider any suggestions of the public as to the use of federal revenue sharing monies in calendar year 1983. The entitlement period for the federal fiscal year October 1, 1982 through September 30, 1983 is expected to be $138,504. The City currently has $9,359 remaining in 1981 funds and $129,882 from 1982 federal revenue sharing funds. It is proposed that the ordi- nance codification at an estimated cost of $18,000 will be paid for from the 1981-1982 federal revenue sharing fund balances. There is some discussion about the purchase of votomatic machines or another type of voting machine equipment that could also be purchased from federal revenue sharing funds. The amount estimated by the Director of Finance for votomatic machines was $13,500. Therefore, the City will have available during 1983 approximately $248,328 with $13,500 allocated to voting machine equipment or $261,828 if voting machine equipment is not purchased during that year. If there are no specific proposed uses for federal revenue sharing, on possibility is to appropriate the entitlement in a general sense with additional review at the time of proposed expen- ditures during 1983. This is certainly an acceptable approach for the use and designation of federal revenue sharing monies. The public hearing scheduled for the December 21 City Council meeting is simultaneous with the adoption of the 1983 general fund budget which is also a requirement of the federal revenue sharing regulations. Notices of this meeting have been published in the Eagan Chronicle regarding the proposed hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the proposed use hearing and order final preparation of the federal revenue sharing budget for consideration with the 1983 budget at the December 21, 1982 City Council meeting. 30 Agenda Information Packet December 7, 1982 City Council Meeting Page Nine ' OLD, Bl'SINESS. TEMPORARY ADVERTISING SIGN/GABBERT DEVELOPMENT COMPANY A. Temporary Advertising Sign Permit/Gabbert Development Company for Pilot Knob Road and Wilderness Run Road Intersection -- At the November 16, 1982 City Council meeting, an application for a temporary advertising sign permit was received from Gabbert Development Company to locate a temporary advertising sign for various developments on Wilderness Run Road at the northeast corner of Wilderness Run Road and Pilot Knob Road. There was concern expressed by the City Council about the impact on site visibility to Fire Station #3 if the sign was to be allowed at that location. The sign was continued and the developer was asked to consider a new location on the west side of Pilot Knob Road. Enclosed on page _3_2.,__ is a copy of the proposed sign location. Again the size of the sign is 4' x 8', totalling a square footage area of 32 sq. ft. The height of the sign is to be no greater than 7' above grade. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the temporary advertising sign to be located at the southwest corner of Wilderness Run Road and Pilot Knob Road. 31 -� N a"m -,5'0� 4/7 nel l< /%/07/—. Aoll e, -31a, -,5'0� 4/7 nel l< /%/07/—. Aoll e, -31a, Agenda Information Packet December 7, 1982 City Council Meeting Page Ten ORDINANCE CODIFICATION ORDINANCE B. Ordinance Adopting a Codification of All Ordinances of the City of Eagan -- As the final step of the ordinance codification project, it is a requirement that the City Council adopt Ordinance No. 1, Second Series, that in effect adopts a codification of all ordinances of the City of Eagan. A copy of the ordinances is en- closed on pages 34through 3 S The codification book will be made available on_ TJecember 1� public inspection. The codi- fication booklet does not deviate at all from what the City Council has reviewed and previously approved. The procedure for the adop- tion of the ordinance codification is: 1. Adoption of Ordinance No. 1, Second Series, as referenced above. 2. Publication of the notice in the Eagan Chronicle for Ordi- nance Adoption on December 13 and December 20, and 3. Ordinances will become available for distribution and their legislation as of January 1, 1983. The City Administrator has a draft copy of all chapters of the ordinance codification with all the revisions and corrections in his office which can be reviewed at any time by the City Council or the public before the printed copies are returned in final form by Roger Jensen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the adoption of Ordinance No. 1, Second Series, as enclosed. 33 CITY OF EAGAN ORDINANCE NO. 1, 2ND SERIES AN ORDINANCE ADOPTING A CODIFICATION OF ALL ORDINANCES OF THE CITY OF RAGAN, MINNESOTA, P11R:SUANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SFCTION 41.5.021; ESTABLISHING A NAME FOR SAID CODIFICATION, WEANS OF CITATION, EFFECTIVE DATE, NOTICE AND PRINTING PROCEDURE, AND REPEALING ALL ORDINANCES OF THE CITY OF FAGAN, MINNESOTA, AND T014N OF EAGAN, MINNESOTA, NOT CITED IN CHAPTERS 1 THROUGH 11, INCLUSIVE, CHAPTERS 13 ANT) 25 OF SUCH CODIFICATION; AND, PROVIDING PENALTIES FOP. THE VIOLATION THEREOF. The City Council of the City of Eagan ordains: Section 1. Adoption. All ordinances of the City of Fagan, Minnesota, and the town of Eagan, Minnesota, heretofore adopted, except such ordinances as are numbered and cited in the text of Chapters 1 through 11, inclusive, Chapter 13, and also except such ordinances as are numbered and cited in Chapter 25, should be, and are hereby, revised and, together with such cited ordinances, adopted as codified in that certain document known as the CITY CODE OF THE CITY OF EAGAN, MINNESOTA, pursuant to authority granted by Minnesota Statutes, Section 415.021. Section 2. Citation. The CITY CODE, may be cited as "City Code, Sec. ." Section 3. Effective Date, Printing, and Notice of Availability. The CITY CODF shall be effective on January 1, 1983. The City Clerk -Treasurer shall cause said CITY CODE to be printed in loose leaf form and copies thereof in a substantial quantity made available for distribution to the public at a reasonable charge, the exact quantity, charge, and printing specifications to be more specifically determined by the City Council. The City Clerk -Treasurer shall cause Notice of Availability of copies to be published in the official newspaper for at least two (2) successive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at his office for general distribution to the public at a reasonable charge. Section 4. Prima Facie Evidence. Such codification, known as the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Fagan, Minnesota. 34 Section 5. Effective Date and Preservation of Rights and Obligations. This ordinance shall take effect upon adoption, provided, however, that the adoption of such CITY CODE shall not affect or impair any act done, right vested or accrued, proceeding, suit or prosecution commenced, prior to such effective date and under ordinance provisions then in effect, but the same shall survive to a conclusion thereof. It being the express intent of this Section that no offense committed, liability, penalty of forfeiture, civil or criminal, under ordinance provisions in effect prior to the effective date of the CITY CODE be in any way affected by the adoption thereof. Section 6. Repealer. All ordinances of the City of Eagan, Minnesota, and Town of Eagan, Minnesota heretofore adopted and not cited in City Code Chapters 1 through 11, inclusive, or Chapters 13 and 25 are hereby repealed. Section 7. Penalty. Every person violates the CITY CODE when he intentionally performs an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $500.00, or both, or, as for a petty misdemeanor, sentence of a fine of not more than 5100.00 Adopted by the City Council of the City of Eagan on the day of November, 1982. (SEAL) ATTEST: City Clerk - Treasurer (Publication on the day of 3s 1982.) Agenda Information Packet December 7, 1982 City Council Meeting Page Eleven CITY HALL PLANS C. Review City Hall Plans -- At a recent special City Council workshop held on November 23, 1982, the architect, Mr. Jack Boarman, of Boarman Architects, was present and presented a model and drawings of the new city hall project. There was a lengthy discus- sion by the City Council with some suggested modifications and various input that are under consideration and review by the archi- tect. It was recommended at that meeting that the architect appear at the next regular City Council meeting and present the city hall plans for public review before final action is taken on the city hall project. It is suggested that the City Council consider action that would preliminarily approve the design subject to favorable cost estimates that would be prepared in final detail by the archi- tect during the next thirty days. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny preli- minarily the final design of the city hall project as reviewed to'date and direct the architect to prepare the final cost estimates before the final design is approved and bids are authorized for the new city hall building project. Qn- Agenda Information Packet December 7, 1982 City Council Meeting Page Twelve _NEWeBUSINES NORTH STAR TRANSPORT CONDITIONAL USE PERMIT A. North Star Transport, Inc., Robert Sack, for a Conditional Use Permit to Allow Outside Truck Storage on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 -- A public hearing was held by the Advisory Planning Commission at their last regular meeting held on November 23, 1982 to consider an application that was submitted by North Star Transport, Inc., requesting a condi- tional use permit to allow outside storage of tractors and trailers located on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3. The Advisory Planning Commission is recommending approval of the conditional use permit subject to conditions outlined in the APC minutes. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages through - For a copy of the action that was taken by t e Advisory anning Commission, refer to those minutes found on pages_ through A4. ACTION TO BE CONSIDERED ON THIS ITEM: mendation of the APC to approve the outside storage for tractor trailers Transport, Inc. 37 To approve or deny conditional use as requested by the recom- permit for North Star CITY OF EAGAN SUBJECT: CONDITIONAL USE PER= - OUTSIDE STORAX FOR TRACTOR TRAILERS APPLICANT: NORTH STAR TRANSPORT INC. (789 COMPANY) LOCATION: HITS 1 and 2, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK #3 EXISTING ZONING: I-1 (LIGHT INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: NO 434 23, 1982 DATE OF REPORT: NOVEMBER 15, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a conditional use permit to allow outside storage of tractors and trailers located on Tats 1 and 2, Block 4, Ea- gandale Center Industrial Park #3. In 1981, the Eagan City Council approved a conditional use permit for North Star Transport Co. to begin a truck terminal on Lots 7, 8 and 9, Block 2, Eagandale Center Industrial Park. #3. Since that time, North Star Transport has expanded and needs additional space for their truck storage. Therefore, North Star Trans- port has an option on Lots 1 and 2, Block 4, Eagandale Center Industrial Park #3 for expansion of their truck terminal facility. These lots of North Star Trans- port are an option to purchase and directly south of Apollo Road, and if pur- chased, would make their parcel an L -shape abutting Apollo Road and Mike Collins Drive. The two lots North Star Transport Inc. are proposing to purchase would store an additional 36 tractor trailers. Apollo Road east of Mike Collins Drive presently terminates at the Milwaukee, St. Paul, Pacific Railroad. It is staff's understanding that there will not be a crossing allowed for Apollo Road to the east of the Milwaukee, St. Paul, Pacific Railroad. Therefore, Apollo Road will dead-end at this railroad right-of-way. Staff also understands that if the con- ditional use permit is allowed on Lots 1 and 2, that the applicant will then re- quest the City to vacate Apollo Road east of Mike Collins Drive which would al- low Lot 7, 8 and 9, Block 2 and Lots 1 and 2, Block 4 to be all one consecutive parcel. This additional right-of-way would also allow North Star Transport Inc. to store an additional 4 tractor trailers on this particular parcel. In reviewing these two particular lots, directly to the north is the existing North Star Transport Inc. and to the south of this parcel is Hoovestol Trucking Terminal. Therefore, Lots 1 and 2 are in between two existing trucking termi- nals. The proposed site plan designates only a 10' green area from the property line of the lots abutting ^like Collins Drive. Ordinance #52 requires a 20' green 2% CITY OF EAGAN CONDITIONAL USE PERMIT - NORTH STAR TRANSPORT INC. NOVEMER 23, 1982 PAGE TWO area adjacent to any public roadway. Therefore, either a 10' variance should be granted or the applicant should increase this green area to the 20' muni = requirement. If approved, the conditional use should be subject to the following conditions: 1) No more than 40 tractor trailers should be allowed to be stored on Lots 1 and 2, Block 4, Eagandale Center Industrial Park f-3. 2) Either a 10' variance should be allowed and a landscaping plan provided, or the applicant shall be required to have 20' green area from the proper- ty line to the truck storage area. 3) The applicant shall provide adequate dust control measures on crushed lime- stone surface on a regular basis. 4) A detailed landscape plan shall be provided and a landscape bond of an ade- quate amount shall be provided and not released until one year after the landscaping has been completed. 37 m \\\ \` \ S \ r----7 r-- 1 '•o� r---�:. f••.:.. -..fir, _ ___._-_.._ r --It . a•�a= _....,......._.................... o) ', l l i iNil l.y„2 if il'IN .,,...... IAIINJA'Y'I'Y MYGON 1)1bbN) '7 V i a V 7 N 1 M a V d a -a l I V a l ”` _`�t—�, 1�q \. V; , S �J 1�yt y l `R EP /5� a:a's LONE OAK ROA.. sJ 7 113114 • `y\-' il:ir V O 'ECONOMICS 10 6 5r3 10 LABORATORY '. k dp 'w z 3� ` • . M J+. J d T ` ufFRi01•I ' s '.}$ 3 9 2 2.2124 5' �3 M ft ; i { !- � h`• c� j 13 M %'� hn � 1 � eC _�. �±n l��; L.S ILII ff rte. .. r .m '10 • :,i:• iia •a — 0 1 C SnSAC 27` 1v 7.560 tRPORA?E THE DONALDSON 25 :.SQVARE COMPANY, i 21 24 ' 1 ` -. 82299 Ac.y"Y�K, X23- n. 22 1 2 3 4. 5 6 7 8 9 1 z- 16 lO z--. 4aCJ6 •7 7^c 12 ILq L a �tS.17{K Q U w lb J7•l A<i y • 17 7-Je- IS'sa-� 4 4 1 2 3 4 5 6 7 9 9 14 IIIi2(I=t y.re ,c 3 IJ.79i Ac' � dZl••I.i'b.ct �/ ' • ��L•p3AC.Y NATIONAL. 23.733A, 14 BJILDING 24.7s4Ka. W 25 ':a 1 Z 1 CENTER n 2c -ascj r;E� O�,L 1.7 138 736 g L .i�.7; Ac�,.< -�_1 i 3-79 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION PAGAN, MINNESOTA NOVEMBER 24, 1982 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 26, 1982 at the Eagan City Hall commencing at 7:00 p.m. Those present were Chairman Hall, Members Krob, McCrea, Mulrooney, Wold, Wilkins and Turnham. Absent was Bohne. Also present were Assistant City Engineer Hefti, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. Chairman Hall chaired the meeting. AGENDA Krob moved, Wilkins seconded the motion to approve the agenda. All voted yes. Upon motion by Mulrooney, seconded Wold, it was resolved that the Minutes of the October 26, 1982 regular Planning Commission meeting be approved with the exception that on page 3 regarding the Bradley Hanson application, member Wold stated that he had cited a comparable situation regarding an application from an owner in the Cedar Grove area where the hardship was determined because of growth in the family; regarding the Hanson application, there were no neighboring residents present and residents had submitted a petition in favor of the application and therefore he voted in favor of the application. All voted in favor. NORTH STAR TRANSPORT, INC. - CONDITIONAL USE PERMIT The public hearing regarding the application of North Star Transport, Inc., 789 Company, for conditional use permit for outside storage for tractor trailer on Lots 1 and 2, Block 4, Eagandale Center Industrial Park # 3 was convened by Chairman Hall. Dennis Briguet, attorney, appeared for the appli- cants as did two other representatives. Mr. Briguet indicated North Star is the lessee of the property and has operated at the location in 1981 on Lots 7, 8, and 9, Block 2, and now proposes an addition to permit additional 36 tractor trailer storage. In addition, Mr. Briguet requested on behalf of the applicant that the City vacate a part of Apollo Drive because the Public Service Commission has not allowed a crossing over the Milwaukee Railroad right-of-way. The vacated portion of Apollo Road would be used for additional setback and parking of an additional 4 tractor trailers. The applicant indi- cated they would not put up security fencing. It was noted also that a 10 foot variance would be required along Mike Collins Drive to accomodate the proposal. Member McCrea indicated she did not note a hardship but Mr. Briguet stated that drivers would have an easier time to maneuver with more room. 45 APC Minutes November 24, 1982 Member Hall suggested a 10 foot setback along the northerly portion of Mike Collins Drive, adjacent to Apollo Road, with 20 foot setback along the balance as had been approved in 1981. Member Hall objected to the location of the connection to the railroad, if at any time a crossing is permitted. After discussion, McCrea moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. To provide for a variance for 10 foot setback along the northerly portion of Mike Collins Drive lying adjacent to and directly south of Apollo Road with the balance of the setback along Mike Collins Drive consisting of a 20 foot setback. 2. That the City allow a temporary easement on that portion of Apollo Drive lying adjacent to the applicants property for use as tractor trailer parking, subject however, to abandonment of the easement by the applicant or its successors at such time as the City requests that the Apollo Road area be vacated and that the applicant then comply with all then existing ordinances for setbacks with the applicant being responsible for any assessments that may accrue for the extension of Apollo Road and that the abandonment of the right- of-way take place at such time as requested by the City but more specifically, when one of the following conditions exist: a. The abandonment of the Milwaukee Road right-of-way by the railroad to allow a crossing of Apollo Road. b. If the Public Service Commission grants a permit for such railroad crossing. C. At any such time as a crossing of the railroad right-of-way is authorized for Apollo Road. 3. No more than 40 tractor trailers shall be allowed to be stored on Lots 1 and 2, Block 4, Eagandale Center Industrial Park 03• 4. The applicant shall provide adequate dust control measures on crushed limestone surface on a regular basis. 5. A detailed landscape plan shall be provided and a landscape bond of an adequate amount shall be provided and not released until one year after the landscaping has been completed. 6. Compliance with all other City ordinances. All voted in favor. N Agenda Information Packet December 7, 1982.City Council Meeting Page Thirteen CABLE TELEVISION JOINT POWERS AGREEMENT B. Joint Burnsville/Eagan Cable Television Commission Recommenda- tion to Consider Adoption of a Joint Powers Agreement -- At the last regular meeting of the Joint Burnsville/Eagan Cable Communica- tions Commission that was held at the City of Eagan on Thursday, November 18, 1982, the commission adopted a joint powers agreement for the joint administration of the cable communications franchise. Procedurally, the joint powers agreement must be acted upon favora- bly by both the City Councils of Burnsville and Eagan. Therefore, a copy of the joint cooperative agreement for the administration of the cable communications system has been placed on the City Council agenda for consideration. Enclosed on pages 4& through � is a copy of that agreement. It is not necessary at this time to appoint directors of the commission; that can come later when the cable communication disolves and the new commission is activated. City Councilmember Smith, the City Council's representa- tive on the cable communications commission and City Administrator Hedges will be available to answer questions and review the joint powers agreement with the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the joint cooperative agreement for the administration of a cable communica- tions system. 45N BURNSVILLE/EAGAN CABLE OOMMUNICATIONS O MISSION Joint and Cooperative Agreement For the Administration of a Cable Communications System I. PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. The general purpose of this agreement -is to establish an organization to monitor the operation and activities of cable communications, and in par- ticular, the Cable Communications System (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for their respective System; and to conduct such other activities authorized herein as may be necessary to provide equitable and reasonable rates and service levels for the citizens of the parties to this agreement. III. NAME The name of the organization is the Burnsville/Eagan Cable Communications Commission. IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a member. Section 4. "Franchise" means that cable communications franchise granted by the cities of Burnsville and Eagan, Minnesota. Section 5. "Grantee" means the cable company duly awarded the Franchise through the regular ordinance procedures of Member. 4b agreement. Section 6. "Member" means a municipality which enters into this Section 1.. The muncipalities of Burnsville and Eagan, Minnesota are eligible to be the initial members of the Cammission. Any municipality geographically contiguous to any of these named municipalities, and served by a cable communication system through the same Grantee, may became a member pur- suant to the terms of this agreement. Section 2. Any municipality desiring to became a member shall exe- cute a copy of this agreement and conform to all requirements herein. Section 3. The initial members shall be those members who become mem- bers by February 1, 1983. Section 4. Municipalities desiring to became members after February 1, 1983, may be admitted by an affirmative vote of three-fourths (3/4) of the Directors of the Ccmnission. The Comnission may by resolution impose conditions upon the admission of additional members. VI. DIRECPDR.S; VOTING Section 1. Each party shall be entitled to four (4) directors to represent it on the Cammission. Each director shall have one vote. Section 2. The Council of each member shall appoint by resolution its four directors one of whom shall be a member of the Council, and the other three shall be residents of the member. A director shall serve for a term of two (2) years or until replaced by the Council appointing said director, provided, that two (2) ofthe initial directors appointed by a member shall be designated as having one (1) year terms. Directors shall serve without compensation from the Commission. The chief administrative officer of each member of his designee shall be an ex -officio, non-voting member of the Commission. Section 3. The Council of each member shall appoint one alternate to -2- ,7 the Comnission.for a term of one (1) year who will be responsible to attend Commission meetings and shall represent the member in the absence of a direc- tor. The Cortmission, in its By -Laws, my provide for the appointment by the City Council of additional alternate directors and prescribe the extent of their powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. A majority of the directors of the Commission made up of at least two directors from each member shall constitute a quorum, but a smaller number may adjourn from time to time. The ex -officio members shall not be counted for the purpose of establishing a quorum. Any official action of the Commission must be authorized by an affirmative vote of a majority of the direc- tors present and voting, provided at least two directors from each member have voted in the affimative. Section 7. Directors shall not be eligible to vote on behalf of the directors' municipality during the time said municipality is in default on any required financial contribution or payment to the Commission. During the existence of such default, the vote or votes of such member shall not be counted for the purposes of this agreement. VII. EFFECTIVE DATE; MEETINGS; ELEcrICN c' OFFICERS Section 1. A municipality may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agreement, together with a -3- ■E certified copy of the authorizing resolution, with the City Clerks of both Burnsville and Eagan, Minnesota. The resolution authorizing the execution of the agreement shall also designate the directors for the municipality on the Commission, along with said directors' addresses and phone numbers. Section 2. This agreement is effective on the date when executed agreements and authorizing resolutions of all of the municipalities named in Article V, Section 1 have been filed as provided in this Article. Section 3. Within fifteen (15) days after the effective date of this agreement, the Mayors of Burnsville and Eagan, Minnesota shall call the first meeting of the Commission which shall be held no later than thirty (30) days after such call. Section 4. The first meeting of the Commission shall be its organiza- tional meeting. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall select from among the directors a Chair, Vice -Chair, and Secretary -Treasurer, adopt By -Laws governing its procedures including the time, place, notice for and frequency of its regular meetings, adopt a procedure for calling special meetings, and such other matters as are required by this agreement. The Commission, in its By -Laws, may provide for the division of the office of Secretary - Treasurer into the offices of Secretary and Treasurer. VIII. POWERS AND DUTIES CP THE CaMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization provided the annual value of said contract does not exceed the budget of the Camnission. The Commission may not contract for the purchase -4- 49 of real estate without the prior authorization of the member municipalities. Any purchases or contracts made shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each member except for that authority and those tasks specifically retained by a member. Section 4. The Commission shall continually review the operation and performance of the cable communications system of the members and prepare annual reports if required by the Minnesota Cable Communications Hoard and the FCC. Section 5. The Commission shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee. Section 6. The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time, part-time or consulting basis, as the Commission determines, and the Commission may make any required employer contri- butions which local governmental units are authorized or required to make by law. Section 7. The Conmission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legistlative or admi- nistrative bodies, on any matter related to or affecting cable communication rates, franchises, or levels of service. Section 8. The Comnission may obtain fran Grantee and from any other source, such information relating to rates, costs and service levels as any member is entitled to obtain frau Grantee or others. -5- SSO Section 9. The Comnission may apply for and use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. The Commission shall make an annual financial accounting and report in writing to the members. Its books and records shall be available for examination by the members at all reasonable times. Section 11. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such a manner as the Comnission may deter- mine. Section 12. The Commission shall adopt By -Laws which may be amended from time to time. Section 13. The Commission may exercise any other peter necessary and incidental to the implementation of its powers and duties. IX. OFFICERS Section 1. The officers of the Commission shall consist of a chair, a vice -chair and a secretary -treasurer, each of whom shall serve for a one year term, or until replaced by action of the Commission. The by-laws may provide for the alternation annually of the chair between directors from Burnsville and Eagan. Additionally, the vice -chair shall not represent the same municipality as the chair. Section 2. A vacancy in the office of chair, vice -chair or secretary - treasurer shall occur for any of the reasons for which a vacancy in the office Of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. committee. Section 3. The three officers shall all be members of the executive Section 4. The chair shall preside at all meetings of the Comnission S � and the executive committee. The vice -chair shall act as chair in the absence of the chair. Section 5. The secretary -treasurer shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. Section 6. The secretary -treasurer shall be responsible for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as shall be delegated by the Commission. The Commission may require that the secretary -treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Cannission. If required by the Ccamission, said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Section 7. The Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. X. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the chair and secretary -treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial contributions of the members in support of -7- sa the Commission shall be the five percent (58) franchise fee which shall be collected from Grantee by the Commission on behalf of the members. Members shall bill the Commission for all cable -related expenses. The Commission shall, by majority vote, reimburse members for such expenses. The remainder of the franchise fee shall be used by the Commission for cable -related expenses. Prior to the oollection of franchise fees adequate to cover expenses, the Grantee, as a prepayment of the intial franchise fee shall reimburse members and the Commission for all cable -related expenditures. Section 4. The initial budget of the Commission shall be sent to the members for their approval within ninety (90) days of the organizational meeting. A proposed budget for the ensuing calendar year shall be formulated by the Commission and submitted to the members on or before August 1. Such budget shall be deemed approved by a member unless, prior to October 15 preceding the effective date of the proposed budget, the member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before November 1 of each year. Section 5. Any member may inspect and copy the Cormission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory Cities. XI. DURATION Section 1. The Commission shall continue for an indefinite term. The Commission may be terminated my mutual agreement of the members at any time. Section 2. A member may withdraw from the Commission by filing a written notice with the secretary -treasurer by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. A notice of ME S3 withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Ccmadssion, the member shall have no claim against the assets of the C emission. Section 3. In the event of dissolution, the Commission shall deter- mine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the pro- visions of this agreement. Upon dissolution of the Commission all remaining assets of the Ccnmission, after payment of obligations, shall be distributed equally between the members. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of 19 , WITNESSED BY: By: By: Its Filed in the office of the Clerk of the City of this day of , 19 Thomas D. Creighton, for STERN, LEVINE, SCHMUM, LIFSON & CREIGHTON, P.A. 5005 South Cedar Lake Road Minneapolis, MN 55416 Telephone: (612) 377-8620 -9- s4 Agenda Information Packet December 7, 1982 City Council Meeting Page Fourteen 'ADDLTiI ONAll;i IiTEMSI' CONTRACT 82-14 BIDS A. Contract 82-14, Receive Bids/Award Contract (Safari 4.0 M.G. Reservoir) -- On Thursday, December 2, 1982, at 10:30 a.m., formal bids were opened for the above referenced contract. A copy of the bid tabulation is enclosed on page S(e for the Council's information. As can be seen, the low --H -d --was submitted by Webco, Inc., in the amount of $531,190.00 which is approximately 22.45% under the feasibility report and engineer's estimate. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 82-14, authorize the Mayor & City Clerk to execute all requied contract documents and award the contract to the low bidder, Webco, Inc., in the amount of $531,190.00. SS Our File No. 49222 SAFARI 4.0 MILLION GALLON WATER RESERVOIR CITY CONTRACT 82-14 -PROJECT 366 EAGAN, MINNESOTA CONTRACTORS 1. Weboo, Inc. 2. Chicago Bridge & Iron Co. 3. Pittsburg Des Moines Corp. 4. Prairie Tank, & Construction 5. Brown Minneapolis Tank 6. Caldwell Tanks, Inc. 7. C. S. McCrossan Inc. 8. Enebak Construction Co. 9. A. W. Welding 10. Scan Construction Inc. - ENGINEER'S ESTIMATE -------- FEASIBILITY REPORT (F.R.) Low Bid % over (+)or under (-) F.R. 2811b BID TIME: 10:30 A.M., C.S.T. BID DATE: Thursday, Dec. 2 1982 TOTAL BASE BID ALTERNATE BID $531,190.00 $ 750.00 542 800 00 1.400.00 S34.300.00 1.400.00 n 1.564.00 _ 977,770 00 r,n5 nnn no 1:550.00 700.00 m Pin NO BID ran RTD NO BID NO BID NO BID NO BID NO BID SS wi 531,190 —22.45% Agenda Information Packet December 7, 1982 City Council Meeting Page Fifteen JOINT CABLE COMMISSION UPDATE B. Joint Cable Commission Update -- A portion of the most recent cable television commission update is a part of New Business, Item B. Additional business that was conducted at the last regular cable commission meeting consisted of adopting the recommendation of a special subcommittee of the cable commission who requested, reviewed, and reported on technical review proposals for review of the cable franchises when they are received on January 6, 1983. The firm recommended for approval was Telecommunications Management Corp. City Councilmember Smith and City Administrator Hedges will comment in further detail on the last commission meeting and provide some chronology of what is to be expected in the months to come for the adoption and implementation of cable television for the City of Eagan. Uty Administrafor S7