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