11/06/1985 - City Council RegularSPECIAL MOTE TO PUBLIC: The City Council Meeting is being held on Wednesday,
November 6, due to the Municipal Election.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
NOVEMBER 6, 1985
6:30 P.K.
.I. '.6:30 -.ROLL CALL & PLEDGE OF AIJ =TA>rCE
'II. 6:32•- ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:35 - EXCELLENCE IN EDUCATION PROCLAMATION �•
IV. 6:40 - RECEIVE BIDS/AWARD $9,500,000 G.O. IMPROVEMENT BOHM OF 1985 P • 3
V. 6:45 - CANVAS OF MUNICIPAL ELECTION BALLOTS - P • 3
-IFI. .6: 50� - DEPARTMENT HEAD . BUSIREss . P-4
A. Fire Department
B. Police Department
VII. 6.55 -.CONSENT AGENDA
'C. Park & Recreation Department
D. Public Works Department
S A. Contractors License
P , 7 B. Project 454, Receive Feasibility Report/Order Public Hearing
(Ashbury Road - Streets & Utilities)
P. ") C. Project 466, Authorize Feasibility Report, Pilot Knob Road (35E
to Cliff Road)
D.g D. Project 465, Receive Petition/Order Feasibility Report (Rahn
1 Ridge Trunk Storm Sewer)
O. E. Approve Final Plat, Cinnamon Ridge 5th & 6th. Additions (Zachman
1 Development Company)
F. Approve Final Plat, Cinnamon Ridge 7th Addition (Cinnamon Ridge ' _Limited Partnership)
.P..13 .-G. .Approva Final.Plat, Dorwest.2nd Addition (Narmest.Properti.es,
Inc. )
P.15 H. Contract 85-15, Approve Change Order #1, (Royal Oaks Circle -
Streets & Utilities)
P.15 I. Contract 85-15, Approve Change Order #2, (Royal Oaks Circle -
-Streets .& Utilities)
P. T: "Contract 82=C & B4=E,.Final_Acceptance CftobRil'l & Knob Hi -11
. %Yrafeasiona Park)
'44,eceive1pot/Orderullieai'(ffNeb, "7C. 'Project !Ponds
Storm Sewer Outlet)
Pj(o L. Project 450, receive Report/Order Public Hearing (Williams &
LaRue Addition - Utilities)
P.11 M. Approve Cinnamon Ridge Planned Unit Development Agreement
Amendment (Cinnamon Ridge 7th Addition)
VIII. 7:00 - PUBLIC HEARINGS
P•17 A. Public Hearing for Industrial Development Bonds for Greensbrough
I (Greensbrough Associates) in the Amount of $600,000
P. 2.S B. Public Hearing for Industrial Development Bonds for
Greensbrough II (Greenbrough Associates) in the Amount of
$600,000
IS. OLD BUSINESS
p.aV A. Preliminary Plat, Windtree 6th Addition (Richardson Properties,
Inc.) Consisting of 15 Single -Family Lots on 6.8 Acres (SE 1/4
of SW 1/4, Section 13-.Elrene & Wescott Roads)
f)..310 B. Final Resolution .for Industrial Development Bonds for'XHPP
Partnership in the Amount of $400,000
P.37 'C. Final Resolution for Cinnamon Ridge 7th, (Can American), Multi -
Family Housing Revenue Bond in the Amount of $11,350,000
X. BRA
P.4Y. A. Interest Rate Reduction Loan Agreeemnt, Cinnamon Ridge 7th (Can
American, General Partner)
76 A. Conditional Use Permit to Allow Beer & Wine in a CSC (Community
P, Shopping Center Zone and On -Sale Wine and Beer License for
Slicers Pizza Restaurant
B. Waiver of Plat, Debra and David Bailey, for a lot split on Lot
2, Carlson Acres, Located in Part of the NE 1/4 of Section 28,
off Diffley Road
P p�- C. Foundation Permit, Cinnamon Ridge 7th, Can American
pj D. Special Permit for Advertising Sign, Loren Spande, Developers
P Construction
am
VISITORS TO BE HEARD (for those parsons not an the agenda)
EIT.
SPECIAL. RECOGNITION
SPECIAL RECOGNITION/EAGAN CONSTRUCTION/GRESSER INC.
BERWALD ROOFING/WENZEL-HILITE CORPORATION
The City solicited a quotation from Gresser Inc.., to construct
the Municipal Center 'identification sign located on Pilot Knob
:.Road -and.. -west ..of. the . City Hall/Police _Department. Building.. Mr.
Gresser :inclicated ;;mt'.r the .time .the 'quotation.. was :,accepted,:. -by. -.,the
City- -that the job would be constructed during slow periods o£
time by" his company" acting as the general contractor --and -in -turn
for the City's patience, a part of the work construction would
be donated to the City. The City has received a letter (a copy
is enclosed for the Council) stating that Eagan Construction, Inc.,
Gresser, Inc., Berwald oofing Company and Wenzel-Hilite Corpora-
tion decided .to donate all their work on the construction of
the City of Eagan Municipal Center identification sign. The.
,total-., donation .form;.the sign .is ..$9,.591. __All..four of these companies
.have :performed ..a. -significant _.amount:.:of -.:work :.within -.-the ..City of
--Eagan__and'`both:.:l7ayrrr BYomquis.t: _:and ::the:._C.i-ty _ Aclmim;trat-= felt
.a .special ..recognition .for individuals -,representing.-each -�of these
companies would .be in .order on Wednesday evening. A copy of
the bill is.also enclosed for review-by_the..City•Council.
ACTION TO BE CONSIDERED ON THISITEM:- A formal motion to accept
the donation for the Municipal Center identification sign and
provide any praise and thanks to the three different contractors
to be officially recognized.
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 1, 1985
SUBJECT: AGENDA INFORMATION
After approval is given to the October 15, 1985, City Council
minutes, and October 7, 1985, special minutes of the joint meeting
between the Council and the APC, action is in order to .approve
the agenda for the November 6, 1985, City Council meeting_
JUCATION-PRUCLAMATIC
EXCELLENCE IN EDUCATION DAY PROCLAMATION -
ROSEMOUNT HIGH AND VALLEY MIDDLE SCHOOLS
On Wednesday, November 13, Rosemount High School and Valley Middle
School will each receive a plaque recognizing them for "Excellence
in Education_" A representative of the United States Department
of Education will present the awards_. :Students from Eagan attend
both these 'school -s- -The 'Mayor -h-as received ;a request. from .Dr.
Thomas F_ Wilson, Principal of Rosemount High School, for the
City of Eagan to proclaim Wednesday, November 13, as Excellence
in Education Day in Eagan, Minnesota_ For your information,
a copy of the proclamation .is enclosed on page ;L, Enclosed
in your packets without page number is a brochure about Rosemount
High School.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim Wednesday,
November 13, Excellence in Education Day in Eagan, Minnesota.
►J
�►nmC dty of i
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN, MINNESOTA 55121
PHONE: (612) 454-8100
CITY OF EAGAN
PROCLAMATION
A good education is imperative for all citizens
P . au ; wip—rium
n.
BEA BLOM9UIST
Mayor
THOMAS EGAN
JAMES A, SMITH
JERRY THOMAS
THEODORE WACHTER
Calci MerNlma
THOMAS HEDGES
City AMmr¢traa
EUGENE VAN OVERBEKE
City Cert
It is critical for our.. schools .to strive for academic excellence
with our youth
The City of Eagan and its officers support quality education
in our schools
Valley Middle School and Rosemount High School have been recognized
by.. the ., United . States .Department of Education _for Excellence
_.in Education
NOW THEREFORE
Be it resolved that Wednesday, November 13, is.-hereby_declar ed to be
EXCELLENCE IN EDUCATION DAY IN EAGAN, MINNESOTA
Mayor -City Clerk
Date
THE LONE OAK TREE, ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Two
Le�:rel I igrja I 9
BID AWARD/$9,500,000 G.O. IMPROVEMENT BOND
At the October 15, 1985, City Council meeting a bid letting was
set for -noon, November 6, 1985, to consider $9.,500,000 of G.O.
improvements bonds of 1985. The .City's fiscal consultant, Mr.
Ernie Clark, City Councilmember Smith, Director of Finance
-VanOveibeke and 'City Administrator Hedges made a presentation
,,before -.the .two .sating .agencies, Standard & Poors. and Moody's,
in -:an effort -to, - increase the a -City's• -bond _:rating....from _.an .A .to
.-6A+.-and 'Al,. -respectively. =:Our bond, .rating was increased -from .A to -A+
by-Standard--'&-Poors-but the -rating -remained an A with Moody's. .
Assuming favorable bids will be received on November 6 -and -after
an evaluation of the bids by the City's fiscal consultant, Director
of Finance and City Administrator, a recommendation will be made
to the.City.Council.
:.ACTION- TO BE. -:CONSIDERED _ON._THIS..'.ITEM: .._.To'...approve _or _deny a -favor-
-able .bid .for _the..sale of_.$9.,.500;-000... of ..General...Dbligation._Improve-
.men.t-:bonds..in._19B5 _
'CANVAS OF -MUNICIPAL ELECTION BALLOTS
According to Minnesota State election laws, each City Council
is required to canvas the municipal election ballots for the
previous election. The City Clerk, Mr. Gene VanOverbeke, will
be present with the proper election results for the purpose of
canvassing the ballots.
:' _W=N --TO 'BE - CONSIDERED ON THIS ITEM:
_=for..the 1985 Muni cipal_Election.
91
To canvas the .ballots
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Three
n WD>1DTMVK1M U it 11 OTIC TNCCC
A. FIRE DEPARTMENT
There are no items to be considered under Fire Department at -
-_this _time.
'__B_ " ..P.O= -DEPARTMENT
There are no items to be considered under Police. Department -at
this time.
C. PARKS & RECREATION DEPARTMENT
There are no items to be considered under Parks & Recreation
Department -at .this time.
- ___:D_.: _pDSLZC':.WDRKS )EPARTMENT
There 'are no items to be considered under Public Works ..Department
at this time.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Four
There are thirteen, (13) items on the agenda referred to as consent
items requiring one (1) motion -by the City Council.. " If the City
Council wishes to discuss any of the items in .further detail,
those items should be removed from the consent agenda and placed
under 'Additional Items unless -the discussion required is -brief.
_CONTRACTORS'LICENSE
'A:""""Contractors '••License --Enclosed on page 4) is --a -list-of`contrac-
tors who are renewing or who have been selected and _retained
as the builder by a customer either living in or planning --to
reside in Eagan. These contractors have references from other
municipalities or their client permit applications are awaiting
City Council approval -.for a contractor license.
-:ACTION . -TO HE CONSIDERED .ON.._.THIS ._ITEM: To _approve the contractor
.licenses. -as :presented_-
CONTRACTOR'S LICENSE
NOVEMBER 6, 1985
GENERAL CONTRACTOR:
1. AMERICAN ESTATE HOMES, INC.
2. BASIC BUILDERS, INC.
3. O. CARISON CONSTRUCTION
EVENSON
5. MARICR:BUILDERS, INC.
6. MICHAEL CONSTRUCPION, INC.
..7. NOLAN BROTHERS„ INC.
8..,.,,P -Dom N Col. S.
r':WA=. CON.SPMCTION
HOMEOWNERS:
1. 'MARK:&_LINDA POSTIER
HEATING & VENTILATING:
1. BLAINE HEATING, AIR CONDITIONING & ELECTRIC, INC.
2...:.MIDWESIERN. MECHANICAL
I UMING:
I- , MC DC MM .PLU43ING,. INC.
0
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Five
FEASIBILITY REPORT/PUBLIC HEARING/ASHBURY RD
B. Project 454, Receive Feasibility Report/Order Public Hearing
(Ashbury Road - Streets s Utilities) -- In response to a petition
received from the. affected property owners, .the City Council
authorized the preparation of a feasibility report for the installa-
tion of streets and -utilities -for 'the extension of Ashbury Road
.._from.. the._Blackhawk. Glen Addition _to .Blue Cross. Road. .-This report
_has _:now. been :.completed. and-. Is ..being .-.pr.esented_ to:. --the :Council
for_:their=review and --scheduling of a public hearing.
ACTION -'TO"-BE 'CONSIDERED ON THIS
ITEM: '-Receivethe---
feasibility
report for Project 454 (Ashbury
Road
- Streets' and
Utilities) -
and schedule the public hearing to
be held
on December 3,
1985.
-FEASIBILITY REPORT/PILOT KNOB ROAD
'C_ Project. 466, Authorize -Feasibility•:Report (Pilot Knob Road
--,-35E to +Cliff Road')- --. As a ••part• of the} Dakota County's Five -Year
Capital Improvement Program (CIP) they are proposing to upgrade
Pilot Knob Road to a four -lane urban design standard during
1987 from I -35E to Cliff Road. The County has already selected
a consultant and has initiated preliminary survey and design
-work. In order for _the. City to properly evaluate the impact
_......of _this. _proposed _improvement, --It _is_ necessary .to .prepare . a -feasi-
--:: biii.ty report -which -is - .now -being requested "by the .Director -of
—Public .Works.
ACTION .TO .BE .CONSIDERED ON.THIS _ITEM: To authorize the -preparation
of _a,_feasibility...report _for .Project.A66 :(Pilot_'.Snnb Road_ --..35E
"to_.Cliff_Road)_
7
Agenda Information
November 6, 1985,
Page Six
Memo
City Council Meeting
PETITION/FEASIBILITY REPORT/RAHN RIDGE
D. Project 465, Receive Petition/Order Feasibility Report (Rahn
Ridge Trunk Storm Sewer) -- We have received a petition from
the owners of the property proposed to be developed as the Rahn
Ridge Addition -requesting the preparation of a feasibility report
to discuss the installation of the trunk storm sewer outlet
for the City's 'Pond AP -29 located immediately east -of the Vienna
Woods :Addition. ..All .costs...associated with the preparation of
thisa-report -.have.--been. .guaranteed ,by the. petitioner._:should.:the
project :not .be'.approved at. _the _time .of the public hearing.
ACTION - TO BE'`CONSIDERED ON THIS -ITEM: "To receive -the-petition
and authorize the preparation of a feasibility report for Project
465 (Rahn Ridge trunk storm sewer outlet).
PLAT/CINNAMON RIDGE 5TH & 6TH ADDN.
'E. -Approve Final Plat,- Cinnamon :Ridge35th &- 6th •Additions (Zachman
Development Company) -- We have received an application for
final plat approval for the 5th and 6th Additions of the Cinnamon
Ridge development as identified on pagesand /d . All
final plat application materials as well as conditions placed
on the original preliminary plat approval of June 2, 1981, have-
-been _.complied with by. the .-applicant_ _and....found .-to. -be _in order-
fcr favorable Council action-
-ACTION -
ction.-ACTION- TO --BE "CONSIDERED_ ON `THIS ITEM: To -approve -the final
plat for .the Cinnamon Ridge 5th and 6th Additions as submitted
by Zachman Development Company .and authorize the .Mayor and City
_L:lerk.-.tn--e-xec ate ..all-. xelated..documents _
1
I11�)
EXHIBIT "A" PAGE 1 OF 2 PAGES':
CINNAMON RIDGE..5TH
Ir�A �InlgNrlI YYIA UIp" J'il plyjgllY•I 1"• YUw1A xYr1�111M 11{Y.M I•IYi LbnU •1 Y~Y 1'1••1• YIIaI
ll:,�.•I•. 1• •11:
YII.1 L Ualp nm! M bulla. Ilgpq n u• .Koro[ NN u1M1, •M U•1 I. 1 er Ylbl 6 WI
Y••IO IIW •n Yollla, IIIA 1••nU\VIII W IrU•rl/ •1 W 1•IIYIq bl<r1YI IIA •Y 111 WNYIIKII
rl4nllr:
I�MIA K u. .dlMl I srw; Ir Kv Wn•1 4 YM1 Y . Y\WL Wlnq .{ wu a YIM•
Y .IYUI 01 mnM• LI11�1.A N IYu•rb IIA II I'll YII.1 c [ I4uA• •1 111.11 IKI 1.U•
1 0l Yglmlq •I le• N N Yllrl•.•: Im• Idle 1 YIIIII 0\.Ilul.• OI I IONI W 1
11:1.11[. •I - to ..111 III I. ill 11 ...... 11 .IY111 a 111 MI W\1 • •qUM• •I 11.12 lyll
K Idle 11 Ilryl. O I.KMI WII • IIIUMI 111[.Y Inl 1• NI wYK.11111 IIA
11 IK. WIUI L IA IIIL•1..II I.AIYIIA.
W'•1K.n uM mrnMl"IYr4II YW 411111
El. ..at In momm W Y Mra1 MIaN U YI NIU. /x "Ill
4,.IIAu MKKI 111 Ia.. G il•r•A 4A•II\lY, 1 .IgUM
Y InllI.."M Y Y . bl [YY1,a.a. .I1. •1 It.
IAKI oIIIUI YII�YI J . U—
In .IIAI. ANKI .•11 LYM .LII.AI IW, . All•A1 MA11IA .IIMIIIIb, W IY.N 0.1. r111M11 1. Y IIIM .I 11•
InY. anlnn uq_Y ) .�.
4Ylol IW... Mal"., WIalaw
bI 1\.
v{aol 9•YW. YIIYY SUR
I1: '
Y aWYll
hall a
w rx.pq ImIr+I r• al..N..1 blp In YU _a
N 4aI• W.1•w.. YrHnHr, I Nr.Yu
ugKK r. r • Y . r.. •
4 ��:•u iarilT-- r +•
1tm to Y W ma
Maly
n. rK.HIA unlrl. A..A.Imad IIrH.. ul. _Y/ 11 . U_ q
G6"fKZ.ir1T3—i MIWa m m"iYzlaL... iRiLRielil r. N
x.q a, er. MN
ry [aw[N 1•TriT—
I emer u•KM1 111 I n[ u^[I'N [M lilwa u1 wr4 xxi1W x Un .ln K tnIYM xal [M lmltla, uK un
IxI1,IleNt111 <I r1 [ . wlKllr .11[N In11e[IIAPI 41~M[I INI nI• YIIIN WM[p TIMI' N MMrN111 or 1
Y[I.n[Ip en IM .1[IlY[ N[I UIN V[ b All[NI Y M[I It •Ilwpl Y M x11N11M •UI• NI[ II Nwn • [sTt
.Imn•u liu,Y Y. 1 W" H
11nt to bWYq
[.1I a IWO.. 1,
M1urrn�.lAinneli 4[Mw,�s IIWYI Ki"rINM Wn Y 111—tl1 N . 11_, b ..nb t.
bNr1 ryell[. M[MY WnII. ..1111.1111
b fe•IYIY Inlet MI 14 IW
Y Y MrYr I•r1111 IYI A 1 �__ YI e1 I1� IM IIII tYYll .1 IIY., IIIMUI..YrnM
ryrdn. N [YnNr iY, 1111 .) YINNY. IIII. NY NY Yl M INI.M1 411 FYI •1 N_
m
Innis A: f6[G; O[� Y.�•
ADDITION
! "u•r1 a•p Yr wa w Yw rw W wr N— hr w IM anlM n YY NY Y nWIP Y6l [q .[mala rA
M 1111 Y Yla _YI •I Ire
YNY 4p1I I��
r 611.4 Yw w •Y KrNK .r all FYI N , 11_
• .PdT•Tr"NIWI
Yt1I.1 IIIc•
1 [[r..to IMI YlI 1••III�II MI IIIH 4 w •IIIH II IM (Y[V rgr[Ir Hr wM H uV SNI N_
11
n. II _['[IYII H[•rH[ lI W. _ of N HN
I eft.�nll• j i.�
Yuu ww. urNu
A OEM= 7* Ck• Tr'\[:IrJ:l"iS77i,T„x:
i'lUl•!7” - Or= -:AAI' PLA'" U0. 1940
1 aiY iY a /i 'jiJ
• BLOCK
I
-
4TH 1
N —rmm
YyL 1l
N ----===F-
C, Y �J \r� i ii li
l
• 8
C, IY
L --2&1a_ J
J ■
—�'4�0;j' 00.00'N•f IIIJII
d. IT03 15
Y.lal.a• I I
V 1 V M IYi Ci i111
mloalf YORIM YWYII
11
N li i 7 1 U N
W a INA,
,11•,,
Il
II
-1
/1
I
a. I 1
Wup.x lql
- l
O
IRI1 IT [ 1.• IO
oxam
gllgn Y[ Yq OYp1 R
IIIL 11m, I. Yqn .
I.l.[. q[M
1
01-.19 Iq U.S. lam
npbw grans, m Ir
•
sOIO le InI.O[ IY�
I
ININNn Ya mHIY
uv11
a.ggl YYs.. Ya�all•1
"o1AWIY'
Igmnl,e Go a w til.
JAMES R.
EXHIBIT ''A"
PAGE 2 OF 2 PAGES
CINNAMON RIDGE ' 6TH ADDITION
�a
Jg
-
it�ai
:j
:1
I
y
14
PLA.
4-r..
IIpOp'N'f
„I.Of
_
_\ t
t '1 'ter si .
•
��n
F-foosrr. .
C Lq � 4yp�
+i
-J
-J
J
o-
C f !. ,".: :: T: \ � i\ .fir• T..+r�Ift
Al
' eunw w mun uvw.n
• —1— L-1.
e w"Its v1. 1 u• 1w
iV\/f.l ul m w.ue F
1.4.I, i. 111M IIIC "IN I. M. M0
.OgPli WI U.11. Vllll
� .w 4.W Yf i�, aw0 A� 1111 1. X101. VGI.GANIw
•ow.o o.u•,: w1� Pnn uwl. wn, w�wY
Lwnne w IN n.11. JAMES R. F
.YFCT 9 (IF
Il
2
Jg
-
it�ai
:j
:1
I
C f !. ,".: :: T: \ � i\ .fir• T..+r�Ift
Al
' eunw w mun uvw.n
• —1— L-1.
e w"Its v1. 1 u• 1w
iV\/f.l ul m w.ue F
1.4.I, i. 111M IIIC "IN I. M. M0
.OgPli WI U.11. Vllll
� .w 4.W Yf i�, aw0 A� 1111 1. X101. VGI.GANIw
•ow.o o.u•,: w1� Pnn uwl. wn, w�wY
Lwnne w IN n.11. JAMES R. F
.YFCT 9 (IF
Il
2
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Seven
FINAL PLAT/CINNAMON RIDGE 7TH ADDITION
F. Approve Final Plat, Cinnamon Ridge 7th Addition (Cinnamon
Ridge Limited .Partnership) -- We have received an application
for final .plat approval for the 7th Addition of .the Cinnamon
Ridge Development as shown onpage_21� . All conditions required
at the time of preliminary -plat approval on 5-15-84 -as well as
._f.inal...plat.._.application submittals .have. been_ received, reviewed
Eby _staff :.and°:found-.to_be _in:._order.:£or..favorable..Council.-actiDn_
' ACTION `70'`BE `CONSIDERED ON `THIS ITEM: To -approve '-the 'final
plat for the Cinnamon Ridge 7th Addition as submitted -by -the
Cinnamon Ridge Limited Partnership and authorize the Mayor and
City Clerk to execute all related documents.
CINNAMON RIDGE 7TH
0
ADDITION
SHEET 1 OF 2 SHEETS
V
' r'• 1
a .eLL�ar•p'
_ -"7
L-- �JJNTY STATE AiJ HISNwar NO. 32
-� '" '.'.l':r....`•!.`:': —L ':. �1: ::7::(3:iFOFi'IkTI:'•AI i!Si lLir WAY -FLAT. '?fj. 19-7
810MA
BUR
■URVEYINO
SERVICES
hoe •a r.vr wr....
I•o.L +--�. earn
nw urn •ea nr,
/--Z/
WAYNE D.
CORDES
—14675—
/--Z/
14675—
m O cp p
J[W Mf
• Oi.O r'1- • f lY O.Or M Y0 P
•LrY.OL •4�• rY1.
a••.LY � urur. ru••nL r ar.• rr•
�r
ftr Mnu v iM1 •w Ibex• rf Wrf01 R•r
p10•A[f, uyl9 9eh
fT Ll Yy LLr•• IL(r
•rf(••10 •WPi rl•fy Li0 Y L•i• P i( IL•r.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Eight
. FINAL PLAT/NORWEST 2ND ADDITION
G. Approve Final Plat, Norwest 2nd Addition (Norwest Properties,
Inc.) -- We have received an application for final .plat approval
,for the Norwest .2nd Addition as .identified on page All
conditions required of the preliminary plat approval o October
11 1985, have been complied with in addition to :all, -final plat
-.application..submittals ..which. have .been ..received, .reviewed and
a found'_to-:be in :order_ for .favorable_ Council ..action.
ACTION "TO - -BE ''CONSIDERED 'ON 'THIS -ITEM: To -approve: the-. final
plat for Norwest 2nd Addition as submitted by Norwest 'Properties, -
Inc., and authorize the Mayor and City Clerk to execute all
related documents.
13
EXHIBIT "A"
NO ES 2ND ADDITION
• DENOTES 1/2 INC UY I' INCH MONUMENT 89T MARRED hY REGISTRATION
N0. 9053, UNLESS O NEEAyISE SHOWN, uu ppTT[[pp pp 9 P
27 ERANGE 27NE5OA94U1 EDOTO NHAVETA B�ARINO pF NOR HH0 DEGREES 29
MINUTES 23 SaECONO EST.
-------DENOTES •KION? OF. ACCESS" DEDICATO TO DAKOTA COUNTY
,
. .........
• Cons -'Cons c.
E Ii e.^IGS<4r� 1;191R7•� ._...__ _ __.. ._ .'_ ._._. .... ,P
rr•r•iflr,:1,•f t!`,COVIa: 111 n 0.•,..,w •q wr r rwrr...r p1
at
'N .,,.t Cons �r'li • � � ...',. ;,
all S I F3 1 a 1.
1i,I( wE
dZ IIII al :t
IiC.`i.•,IrY
s.9tl
it
MpromThtimP•pllel_....______-
1p
tl
' n
+ 4N .`
t 1
,!1'' .+� 5 / •i
RI /
FOAN, "PY0Pg NOWAKI 111.
INd All MDI n 1M 14 fA[IINIII @II NaMel Prarrllel, IIle., a Minnesota tarpararon. Miner and rwhb
a the bhq d1¢tlpad property Inu11N In IM County x PIrdN INN a Minnesota of .1b
the evil IH. m IM of Mo soaN IIO 115111101 IM .,In PA ODlea or Ills Soule Had of Me SoulhlMll Ourb
a the IIIIIMall Quarter ot I%IMM 1% Township 11, 11rR171 0"1 Counh, MInrMlote.
Cul"aN $1.1 IN C. howl 51 1 ft $PC1TION.
NM e1u1.d Ino I" lots lurtwd IIx pIxNA P rpPlMlfl LAID ADDITION IM does har11y dents W dedkae ro IM
ppuuMk for Public uM brawl IM rotors W M1 x.ay, ON MIkA utility Ind 4dn%1 mmm" W dNNele be Codes,
CannlYlM rhhlx ra111R meth 011 IM1II 11x. Ill ollnnl whlex sold Nowell PropMlel, Inc.. aMlnnowll
rormrxbn, nal nulrll Mau re,d1lr toII1n+d he it, Poor xlNll W Ill pleased,ane b b Irrnenb all"
_.
400WIIT plOPtll]II, INC,
h—�- lamb rte rnHnl
.. - oma L hrlro
sun d MINN5011
LOI%tY Of MINI PIN the blwlnkN lnllrunmnl rll rinsWpM robs M MIS' -dp a,_._,
Illi _„ by lnnm111. Plrlm, %nbl to 1rellwnl H NeM1lsl Proly Th,, Inc.. 1 Minnesota rarmlatbn, M WA a
M.Inrl.elmn,
/
_
I11r�n-11-k_l6nn:agroii_01i.
',
MpromThtimP•pllel_....______-
II .Tr• w.�/.`
/
IMI,%10,16y than MM mlwyN lex FAIN IN roprh�rrrdeo an this pi a n NrlAWlst no ADDITION: MR this 49 N l sanest
od"I
+ 4N .`
rrpre.nlabn M IM 111rMy; that all dlxrHp In [drrRtl11 t n IM Nx Iso IRI Int huMrMIPI r none. MM al PRnumrnh nano
,!1'' .+� 5 / •i
RI /
bwro"Kil4 plard In In, groundxne
thn, Intl ane aullFM W dmmdry linel%Ii%I(t1h41gnlM+ an the plat; that 111014 all M.sl
urns hllMay, b 414nx"d
i A ,eve„
ar Tutu M eIf Thin of Thar,",
111-noldo Ro011ral" No. 16T
P.. j1
+
STAIj To MIWSOTA
\ /
CMAN ff NI Ma PIN Th. bur4alrifSnrwpr'I CINNk*41 rldoebag dlw#M MII__d%M___, 111 _, 1Y
N.rhnn A. Nklmll, lawn Sut"r, MInn.1E1T Irxlltratbn I%, 1@I
l.,�.. / .''•
IpplS YIin11, {ti1tt� liwR�iN.nniNuj fnin'h-, nne
�!\` / a.'
Mp mmmisslan rare) Alarri L
%. dihu.lry er"IlnMl an IN _. e•yR._ .-.; INS MI City CohMllp filo, Minnesota alVMed Ihll Mx
CITY COUNCIL Or 140/N, MINNIIOIA
by. ... .. Mayor pr_...- .. .._._Clan
Purtuml to ChlMlr 7U, IMI M Mlnnrul4 1111. W Mp Call CI"MTr CInl4"xnl Fla OvdlnrNt. 11,11 Mat hes Inn soroMd lhll
dry M...._ _.. ... lal..
-
h._.__...:.... dins . ... .. ...
. I+roam H. 1prMn, OMala CMmh LnMph SRraery, Dxma Wanh ru Comminbn
PNlulnlhMlnrytotlflxuwl CN111rrla Me
Mllraal NOl'rlSl IND admrgv
bal�ewd
county,minew a'equier"
sold Mvd lnh. __ dry M,___... _... .., I%_..
a_._.. . .. .._...'_ 1111,11,01 OV 'Enxrman.a in. E:unh Nam -Mali E:unry Alallir
In... lily MM m.lumsImMwpod It... ADDIManovodw.nwaM MN
N
O
'Tdinh TiIainiii, palma Eognh; Klnmsali--
No a.11nanenl Ian due W IrM1Lr onwr•y Thll_... -041
aped
plrollCeunhlAlror
Callmrnl NNlnbar
I hai.Dlnrllld Cul this Instrument .0 Iliad In the alkt q the T./Nnly hasp, M paddled MII-.—Iqx
101 M-MAwllduly lRamw lM1 l,a1 ..... .M—..' ..M
�n`y IRa&E p161: GNn-Ij,' DGne�oi :
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Nine
CONTRACT 85-15/CHANGE ORDER #
OAK CIRCLE
H. Contract 85-15, Approve Change Order #1, (Royal Oak Circle -
Streets and Utilities) The City has received a request from the
developer (Asp Construction Inc.) to temporarily suspend the
installation of utilities to service the Royal Oak Circle develop-
ment. This request is based on the status of FHA funding which
could be jeopardized if any on-site utility work was commenced prior
to final formal approval by FHA which is anticipated within the next
two -three months.
Subsequently, there are increased costs which are anticipated to be
incurred due to the delay of the construction activity until the
1986 season (remobilization, increased material and labor costs,
etc.). Due to the fact that the developer has agreed to accept the
increased cost associated with this delay, the City has prepared a
change order identifying the estimated increased costs ($14,735) and
extending contractual completion date accordingly.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 41
for Contract 83-1-5 (Royal Oak Circle --'Streets and Utilities) -and
authorize the Mayor and City Clerk to execute all related documents.
CONTRACT 85-15/CHANGE ORDER #2/ROYAL OAK CIRCLE
I. Contract 85-15, Approve Change Order #2, (Royal Oak Circle -
Streets and Utilities) With the recent development of the Wescott
Hills revised 2nd Addition, it was anticipated to have certain lots
obtain water service from the existing water main located within
Mike Collins Drive south of Yankee Doodle Road. However, it has
been determined that this existing vat retain has insufficient cover
to protect it from freezing. The City has experienced several
watermain breaks on this segment in the past due to this
insufficient cover and freezing situation and has- determined that
.:the existing wate mai n is no- longer f-unctirmal- ..Therefore, this
watermain will have to be reconstructed, to the - proper elevation
prior to the connection of water services. Due to the fact that the
installation of other utilities within the Wescott Hills revised 2nd
and 3rd Addition is being performed under a private contract instead
of a -City contract, it is necessary for this City obligation work to
-be:-perform d-as-a-•change-order-tD another City, contract.
�[L'1'IDA'3'� 8E LONSIDEI� ' ON THIS -ITEM: '--To approve "Change-6rder -42 -to
Contract 85-15 (Royal Oak Circle/Wescott Hills revised 2nd Addition)
and authorize the Mayor and City Clerk to execute all related
documents.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Ten
CONTRACT 82-C & 84-E, FINAL ACCEPTANCE/KNOB HILL
J. Contract 82-C & 84-E, Final Acceptance (Knob Hill and Knob Hill
Professional Park - Streets and Utilities) The Public Works
Department has completed all final inspections associated with the
installation of streets and utilities to the above referenced
subdivisions. They were installed privately by the developer and
have been completed in conformance with City approved plans and
specifications and are now acceptable for perpetual City main-
tenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the streets _and
utilities .installed privately under Contract 82-C (Knob Hill)..and
84-E (Knob Hill Professional Park) for perpetual -City maintenance.
PROJECT 443/o'NEIL PONDS
R. Project 443, Receive Report/Order Public Hearing (O'Neil
Ponds-- Storm .Sewer Outlet) _As .a requirement.f.or the development
of the Town Centre 70 and 100 subdivisions, it was necessary
to initiate a project to acquire ponding easements on the O'Neil
property and to provide for their trunk storm sewer outlet.
The acquisition of the easements has already been initiated through
the condemnation proceedings, and the feasibility report for the
construction of the lift station and forced main outlet has now
been completed and is being presented to the Council for their
review and consideration of scheduling a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
:.report for Project 443 (O'Neil Ponds.-.. Trunk storm sewer outlet)
and order the public hearing to be held December 3, 1985.
PROJECT 450/WILLIAMS g LARUE ADDITION
L. Project 450, Receive Report/Order Public Hearing (Williams
& LaRue Addition - Utilities) In response to a petition from
the affected property owners, the Council authorized the prep-
aration of a feasibility report to discuss the installation of
.7-mti1-ities -to -.3ervice the Williams and . LaRue 1st .and proposed
2nd Aaa;+Jm+s_ This .repnr-t bas .now .been completed .and is ,being
..._.--s=7S -orl _f'D�'33•i£.i}mnrilfar :1iLnir:SmrII3A..w. A� :nmaivdaxatipn Trf _TvChQi�'
uling a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
report for Project 450 (Williams and LaRue Additions - Utilities)
and order the public hearing to be held December 3, 1985.
16
Agenda Information
November 6, 1985,
Page Eleven
Memo
City Council Meeting
CINNAMON RIDGE PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENT
M. Approve Cinnamon Ridge Planned Unit Development Agreement
Amendment ,(Cinnamon Ridge 7th Addition) With the processing of the
proposed final plat .for the Cinnamon Ridge 7th Addition, it was
necessary to revise the original Planned Unit -Development (PUD)
Agreement•to.-accommodate..the,proposed.densities in -the -7th Addition.
".�.Thi•s ' PUDt.Amendment, :has been. prepared., . executed-., by -:.the _.apnropr.iate
parties.. and -.found .to be .in --order. for -.-favorable . Council._action.
However, it should -be noted that -if',' for some -:reason, the=final-pl-at
of the 7th Addition is not recorded, this amendment..wil-1 become -null
and void.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Cinnamon Ridge
-Planned.•%Unit .Development. Agreement... Amendment. -to. accommodate _the
.Cinnamon Ridge -7th Addition proposed final plat.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Twelve
IR FINANCING/GREENSBROUGH I
A. IR Financing/Greensbrough I Project --An application was received
from Larry Lee and Mike Gresser for consideration of Industrial
Revenue Financing for two (2) office/warehouse buildings referred
to as Greensbrough I and II. Both projects are located on Becker
Road East of Highway 49. Normally, the City's policy for con-
sidering_ :Industrial Revenue Financing applications is: 1) that
all land use planning and zoning be in proper order by both the
Advisory Planning Commission and City Council and. 2) that a
public hearing be ordered prior to any consideration of an induce-
ment resolution. At the October 15, 1985, City Council meeting,
applications were presented for industrial development revenue
bonds in the amount of $600,000 for each Greensbrough I and Greens-
brough II projects. Because of federal restrictions on the issuance
of industrial revenue bond financing and the State's entitlement
program, it is required that all .entitlement -users (those muni-
cipalities .who .are designated entitlement cities) .is sue. inducement
resolutions prior to October 31 of each calendar year. Since
the applicant did pledge the 1% in August for reserving $1.2
million and due to the fact that October 31 was prior to the
time in which a public hearing could be held at a regularly
scheduled 'City Council meeting for purposes of considering the
inducement resolution, action was taken at the last City Council
meeting that reads as follows: Smith moved, Egan seconded, the
motion to receive the application and schedule the public hearing
on the application for November 6, 1985, at 7:00 p.m. at the
Eagan Municipal Center and to officially act on the preliminary
_..resnlution..as -requested; further, however, that -the City Council
will not proceed with the public hearing unless a legal opinion
from approved bond counsel be received by the City indicating
the bonds will not be taxable under the Internal Revenue Code.'
Under the circumstances, the City Council felt an exception was
tesdma+le im order to proceed with- both the Greensbrough S and
II projects. A final resolution to consider the industrial revenue
financing would not be further considered until all platting
requirements have been properly satisfied by the developers.
For additional information on the a plication, refer to the attach-
*�*++� found._on _pages /G% through OF.
development revenue bonds for Greensbrough I in the amount of
$600,000 subject to: 1) satisfactory completion and adoption
of platting and 2) a legal opinion from bond counsel that these
bonds and all other City bonds will not be subject to taxation
under the Internal Revenue Code.
1f)dtvoFag9gn
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
October 2, 1985
TRUDY HALLA
BRIGGS & MORGAN
2200 1ST NATL BANK BLDG
ST PAUL -MN 55101
Re: City of
Dear Ms. Halla:
/Commercial
I & II Proi
ects
t Revenue Bonds for
BEA BLOMQUIST
Mww
THOMAS EGAN
JAMES A. SMITH
JERRY THOMAS
THEODORE WACHTER
Cour Mammos
THOMAS HEDGES
Ory Atlnm Glw
.EUGENE VAN OVERBEKE
ON Ci m
The City of Eagan has received your preliminary documents regarding
a .commercial development proj.ect from .Larry. Lee of Yorktown
Ltd., :Inc_ :The..Ci.ty of 'Eagan' .has- -a_-policy that all preliminary
-platting, zoning' and other land use applications , must .be. -processed
through the Planning Commission and City Council before commercial
development revenue bonds are given a public hearing and further
consideration- I have not seen .Mr. .Lee's _project and, therefore,
am not aware .of .whether Planning Commission and City Council
action is required. This should be coordinated with Mr. Dale
Runkle or Mr. Jim Sturm of the City Planner's office.
The City of Eagan has $1,200,000 for Mr. Lee in anticipation
of this project. However, to date the City has not received
the $500 application fee or commercial development revenue bond
-application: ' Thi -s -is -also, -a requirement before a public, hearing
or any other resolutions ran be given consideration on the project_
Please coordinate the -application and -fll:ing-fee with our Director
of Finance/City Clerk, Mr. Gene VanOverbeke.
If : you .have -.any - questions - regarding -the project., please feel
free to contact those persons -mentioned 'in the _letter or this
office at any time.
Sincerely,
C Q
'ftTioma= i... -Hedges
City Administrator
TLH/kf
cc: Cale Runkle, City Planner
Gene VanOverbeke, Director of Finance
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
October 18, 1985
MR' LARRY LEE
MR MICHAEL GRESSER
GREENSBROUGH ASSOCIATES
1690 UNIVERSITY AVENUE
#180
ST PAUL MN 55104
BEA BLOMQUIST
Maya
THOMAS EGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Cw Mem
THOMAS HEDGES
ON Aam,at,etu
EUGENE VAN OVERBEKE
ON Clerk
Re: Industrial Revenue Financing for the Greensbrough Associates I
Projects Consisting of Yorkton I and.Yorkton II
.Dear Mr -Lee and Mr. Gresser:
In official action that was taken by the Eagan City Council at a
regular meeting held on Tuesday, October 15, 1985, industrial
-revenue financing in the amount of $600,000 was approved for the
Yorkton I project and .the same amount was approved for the Yorkton
II project. Both projects are categorized as office warehouse
buildings.
Since state regulations require that an inducement resolution be
passed prior to October 31, 1985, the City Council has approved
the preliminary resolution with.the following understandings:
1) A.public-hearing will be scheduled at the November 6, 1985,
.-meeting.
2). A legal opinion by a bond counsel selected from the City
Attorney's .office will determine whether. passage of an
inducement :_resolution _is 1ega1 -prior to .-a public hearing.
and will not expose the City by causing certain tax exempt.
bonds to become taxable.
3) All action pertaining to the inducement resolution and
-public-hearing will be subject to,approval of,the preliminary
__plat..fox. the.,. areQnsbrough.,prpj eci nnnsisting of ..two .buildings
referenced .as 'Yorkton "1 --and Yorkton'Z1.
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Mr. Larry Lee and Mr. Michael Gres�Ber
October 18, 1985
Page 2
4) The City assumes no liability for the 1% deposit at the
state. Any charge against the deposit will be the responsi-
bility of the applicant.
5) The preliminary resolution which needs to be delivered
to the state is at the City. Please make arrangements
to have it filed with the appropriate state officials
before October 31, 1985.
It isyouur responsibility to coordinate all the necessary documenta-
tion with the necessary state agencies and prepare all resolutions
for consideration of the final resolution for tax exempt financing.
If you have any questions regarding any of the steps involved with
this process, please feel free to contact our Director of
Finance/City Clerk, Mr. Gene VanOverbeke.
On behalf of the City of Eagan, we are looking forward to your
proposed development and good luck on your project.
Sincerely,
ac �✓f / 7 d{{{
Thomas L.•Hedg s /I
City Administrator `J
TLH/jj
cc: Gene VanOverbeke, Director of Finance/City Clerk
Dale Runkle, Director of Planning
_Paul.Hauge,-City Attorney
a/
CITY OF EAGAN, MINNESOTA
3830 Pilot Knob Road
Eagan, MN 55122
APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW
BUSINESS NAME: GREENSBROUGH ASSOCIATES - 1 MINIMUM SIZE:$500,000
LOCATION.:1690 University Ave. #180, 55104
LAND:
$
67.500
BUSINESS FORM: General Partnership
BUILDING:
$
635,000
REPRESENTATIVE:M.C. Gresser ETAL
EQUIPMENT:'$
42,500
PHONE: 484-9000
OTHER:
$
82,000
NATURE OF BUSINESS: Property Management
TOTAL:
$
827,000
Interest During Construction
Date: 10/11/85
DETAILED COST BREAKDOWN:
Land.Acquisition and Site Development
(Wi1l.not_be.financed by..IDB):
$
75,500
Construction Contracts
533,000
Equipment Acquisition 6 Installation
42,500
Architectural & Engineering Fees
25,000
Legal Fees
17.000
Interest During Construction
53,000
Initial Bond Reserve
14,000
Contingencies
17,000
Bond Discount
45,000
Other
5,000
Total with Land
$
827,000
Total without Land
$-759,500
HISTORY OF APPLICANT
1. Have you ever been in bankruptcy? no
2. Have you ever defaulted on any bond or mortgage commitment?
-32
3. Have you applied for conventional financing? yes
4. What are your future plans? to develop entire 46 acres
5. List f=inancial references:
a.. Signal Hills 'Bank - W. St. Paul, MN
h., Minnesota Bank of Eagan
6. '...When--will.the construction period begin? Start:"now
Finish: 6 months
7. Other comments:
a3
r
INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT
1. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION) north of
intersection of Hwy 149 & Delaware Trail - see attached for
legal description
2. NEW FACILITY OR EXPANSION? new
3. INDUSTRIAL/CDhiMERCIAL/RETAIL? Commercial Building
Office/warehouse
4. ESTIMATE NUMBER OF NEW JOBS 26 ESTIMATED PAYROLL
$468,000 annual
5. IS THIS .SITE- PROP.ERTY.ZONED.&.,ARE UTILITIES AVAILABLE? yes
6. ESTIMATE OF ANNUAL SALES unknown
7. POTENTIAL OTHER USES OF FACILITY manufacturing
8. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS
PROJECT? no
9. .EXPLAIN HOW THIS FACILITY WILL NOT COMPETE WITH OTHER LOCAL
COMPANIES unknown
10. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A
LIMITED PARTNERSHIP? Industrial Revenue Mortgage
Date: October 11, 1985
Signed
(Title),: Partner
W
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Thirteen
INDUSTRIAL REVENUE FINANCING/GREENSBROUGH II
B. Public Hearing for Industrial Development Bonds for Greensbrough
II in .the Amount of .$600,000 -- Please refer to the :previous
item for information pertaining to the Greensbrough II project.
-ACTION "TO BE 'CONSIDERED ON THIS ITEM- 'To approve or deny the
_Greensbrough .II project with ...the. same .conditions as .set _forth
:,:in_Item .A.-.und=.--.Fublic_Hearings .
a6
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Fourteen
PRELIMINARY PLAT/WINDTREE 6TH ADDITION --
A_ Preliminary Plat, Windtree 6th Addition, .Consisting of 15
Single -Family Lots on 6.8 Acres -- A public hearing was held
at the September 24, 1985, Advisory Planning Commission meeting
-.-.to -consider .an....application .submitted. .by Richardson Properties
_Inc_., ,-for.. a_preliminary._plat .'approval _for=-the--SVindtree.- 6.th :Addition.
"`.The,.-. plat . consists .of _15 _single-family -lots on -6.8.:-acres. _north
`"of"Wescott"Road"-and -east-of `-Elrene --Road. The APC is -recommending
approval of this agenda item. ' The item was continued -"from the
October 15 meeting due to lack of appearance by the developer.
For additional information on this item, refer to the _Planning
and Engineering Department reports, copies are enclosed on pages
2 7 .-through ]j' -.For -a copy of the -,action that was- ,taken
by the APC, :refer to page(s) 3:3-1 For action that was taken
--by i the. Advisor Parks- &. Recreation -Commission,. refer to- a memo
_;found. -on _page_::E_
Special Note: In the preparation of -the staff report for -considera-
tion by the Advisory Planning Commission (APC), the Public Works
'=Department -'discovered -there are -- two` important -conditions that
'should ".be included for consideration of preliminary plat approval
for this subdivision as follows:
8. The developer shall plan and install a future overflow
for the small drainage depression east of the proposed
Vuecrest Circle.
9. A,'- :temporary --cul-de-.sac turnaround `-shall - be --constructed
':.•to::.City-standards-=at:_the end -df -*Wedgewood Drive-
':, -ACTION TO
rive_
:,-ACTION-TO BE,CONSIDEREDvON'THIS -ITEM_ To approve :or deny the
:-preliminary plat ::with -tile :--above. -2-conr3ittinn- _for Xjmdtree =6th
..-=Addition_-as..presented_by_Rirhardson_Properties,-Inc.
M
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT - WINDTREE 6TH ADDITION
APPLICANT: RICHARDSON PROPERTIES, INC.
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT
SA OF SECTION 13
R-1 (SINGLE FAMILY)
SEPTEMBER 24, 1985
SEPTEMBER 16, 1985
REPORTED BY: PLANNING & ENGINEERING DEPTS
APPLICATION SUBMITTED: . An application has been submitted for
Preliminary Plat approval for the Windtree 6th Addition. The
plat consists of 15 single family lots on 6.8 acres, north of
Wescott Rd &.east of Elrene Rd.
ZONING &`LAND USE: The Windtree Addition is zoned R-1 (residential
single familyr,...distr.ic.t) ,and. contains.:121..simg1e.'fzmily..lots. with
a project density of 2.1 units per acre. The 6th Addition is
east and south of the previously platted 5th Addition. Vuecrest
Lane will separate these additions.
All of the lots meet the 85' lot width 'requirement and are between
12,240 sq. ft. & 23,800 sq. ft., averaging approx. 16,000 sq.
ft. This plat differs from the overall layout with the addition
of Vuecrest Circle. However, the outside dimensions of the plat
appears consistent with the overall preliminary site planning
previously.submitted.
COMMENTS: The topography is rolling and there .are some steep
slopes. -Due-to these steep slopes, the Staff.previously recommended
that garage elevations at the setback line should not be greater
than 5% above the curb. This site has a variety of mature trees;
maples, aspens, .ash and oaks. The applicant expressed his desire
to save as -many as possible..
GRADING/DRAINAGE: The proposed grading plan submitted by the
applicant does not conform to City Code for street grades at
intersections. The Code requires the maximum street grade, at
.sn -inter-section for: a .distance. of 1001, Abe .28. The only place
.this grading plan meets this criteria is for Vuecrest La, at
i—Tsertzmr.::df-: 33a'.eic Atiti"72=...>:::•:3 aim':: a nit., mai_-.tbe..-zde-
veloper revise his grading plan accordingly to meet City Code.
A variance from this Code may be necessary for the segment of
street between Elrene Rd and Vuecrest La. Here the distance
is too short and the elevation too great to achieve the desired
2% slopes. The existing 68 slope is too great and Staff recommends
the developer look at this again.
I
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 2
Because the topography in this area consists of many hills and
depressions, drainage in this area is not good. With the minimum
grading the developer is requesting, existing drainage patterns
will not vary. However, the main difference between this develop-
ment and the previously approved Preliminary .Plat for the Windtree
2nd Addition consists of the additional cul-de-sac, Vuecrest
Circle. Because of the construction of Vuecrest Cr, the applicant
is proposing to discharge storm water into a small depression
characterized by an 890 elevation and covering the back portions
of lot 3 - 5. The previous development plans had no storm sewer
being .discharged into any of the areas depressions, especially
where no storm sewer outlets are proposed. A preliminary review
by Staff indicates that a 100 year frequency rainfall would fill
this basin up to approx. an 898 elevation. The lowest basement
in this area is at a 903 elevation. Staff recommends the developer
plan and provide for a future overflow for this basin with the
future development to the east.
UTILITIES: Sanitary sewer and watermain of sufficient size,
capacity and depth exist within the proximity of this development
-to'provi�de- service to -it. This will require .extension of existing
.sanitary .sewer and -watermain within :the. Windtree .4th -Add. southerly
along Ridgewood -Dr. Staff recommends watermain be looped -from
the Windtree- 4th Add through Windcrest La and connect to the
trunk watermain within Elrene Rd.
Because this development -proposes to.i.nstal.l.:all.public-improvements
under public contract, Staff recomments the Final Plat not be
approved until Council authorizes the public improvement project
for this development.
STREETS: Ridgewood Dr is an existing City street constructed
under :the Windtree 4th -Add. . It .abuts the -northerly boundary
of -this development. Elrene Rd is an existing City collector
street .and -abuts --the westerly portion of this development. .Both
are constructed to ultimate design criteria.
All new streeets .and .cul-de-sac_shall .be -built •to City. standards
-for.. residential streets: a..Stafrf.recommends:._f.he. canstr.uction of '
temporary turn-arounds, at -the end of Ridgewood Dr and Vuecrest
La. Staff recognizes these are temporary deadend streets, however,
the temporary turn-arounds are necessary to facilitate snow removal
and other winter maintenance.
RIGHT-OF-WAY/EASEMENTS: The dedication of right-of-way for Vuecrest
La:_and:,Ridgewoad.:Ilr� :° except-. fDx .:the southerly ]D :.,.-. 3s_-occurin.g
with- `-the" Windtr"ee - 5th -'Add, 'development: ' It 4w ll -be-'YespoTrsible
for dedicating a 60' right-of-way for the southerly 70' of Richwood
Dr and for Vuecrest Cr.
If construction of public improvements occurs after Council approves
the Preliminary Plat but before Final Plat approval, the applicant
will be responsible for giving the City street & utility easements
over the portions of Ridgewood Dr & Vuecrest Cr which are to
(.
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 3
to be dedicated with this development. Staff recommends a 10'
drainage and utility easement be dedicated along the southerly
lot lines of lots 1 & 2. This developer will also have to dedicate
a 10' easement across Outlot A adjacent lots 1 & 2 of block 1
for drainage and utility purposes. The dedication of all other
easements shall be as per City Code.
ASSESSMENTS: In researching the City's assessment records, we
find that this development is still responsible for trunk area
storm sewer assessments and lateral benefit from trunk watermain
along Wescott Rd. The following table.summarizes..these assessments:
Assessment Summary Table
Description 1985 Rate Est. Qty. Quantity
Trunk Area Storm Sewer $0.048/S.F. 243,065 S.F. $11,667
Block 1 & 2
Lateral Benefit from $11.88/F.F. 1,507 F.F.(1) $17,903
Trunk Watermain
TOTAL $29,570
(1) Includes 150' corner lot credit at Elrene Rd.
Although the proposed developable area of this development does
'not abut Wescott Rd, the developer may wish to spread the lateral
benefit from trunk watermain assessments over all the lots within
the Windtree Additions so that the lots in subsequent additions
have to bear a larger share of the assessments. The determination
of the final assessments amounts will be based upon the assessment
rates in effect at the time of final platting. All future costs
-for .any installation of public improvements for .this proposed
development shall be the sole responsiblity of this development.
CONDITIONS:
1. All standard plat conditions shall be adhered to.
2. Council -shall authorize installation of public improvements within
this development prior to final plat approval.
3. This development shall dedicate a 20' utility & drainage ease-
ment centered over -the -southerly lot -lines of -lots l.& 2 -and
any .necessary construction easements.
4.' This development shall give the City the necessary easements
over Vuecrest Cr & Ridgewood Dr if public utility construction
preceeds final plat approval.
r1 5. This area shall be responsible for trunk area storm sewer
assessments and its pro rata share of lateral benefit from trunk
watermain along Wescott Rd. The assessments shall be at the
rate in effect at the time of final platting.
�9
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 4
6. This development shall be responsible for all costs associated
with public improvements for this development.
7. The developer shall submit a revised grading plan for Staff
approval incorporating the 2% maximum graded intersections
wherever feasible.
3AOY9
6j
1'
>I
JI
JI1
I
Ja
;I
a=
1
.
W
�1
�1
=I
aly
.I
.;
PRELIMINARY PLAT
WINDTREE 6TH ADDITION
ip
(RESIDENTIA�R11\'\,I�;
-_ per, 1 1
1'�;\� -:� ire 1' % �•a '�p�.-:�C/�1
7:Z-�g
J
f T
APC Minutes
September 24, 1985
Cy+ Representatives of the applicant were present and discussed the proposal
with the Planning Commission. Mr. and Mrs. Dick LeMay, neighboring owners,
were present and had questions concerning compliance with the City and .State
codes. There were no municipal sanitary sewer or water facilities to the
property, and member Harrison was concerned about the lack of municipal
services. Member Wold expressed concerns about the adequacy of the parking
area, particularly in the winter. Bohne moved, McCrea seconded the motion to
recommend approval of the application, subject to compliance with all State
and City Code requirements. Those in favor were Hall, Wold, McCrea, Bohne and
Trygg; those against were Wilkins and Harrison, citing the lack of municipal
utilities and potential inadequacy of parking which may create traffic
problems, were objections.
WINDTREE 6TH ADDITION – PRELIMINARY PLAT
The hearing regarding the application of Richardson Properties, Inc. for
preliminary plat approval of Winatree 6th Addition including,15 single family
lots on 6.8 acres north of Wescott Road and east of Elrene Road was presented
to the Planning Commission. City Planner Dale Runkle explained the proposed
changes from the original layout for the single family zoned area, noting that
all lots meet the 85 foot lot width requirement with an .average of
approximately 16,000 square feet for .each .lot_. .The .plat..diffars from the
overall layout with the addition of Vuecrest Circle.
f It was noted that the staff previously recommended the garage elevations
` and setback lines should not be greater than 5% above curb, and certain
changes have now been proposed. Jack Baron, representing the developers,
indicated that more trees will be preserved with the current plan prepared by
Ron Kruger, who was also present. Judith Bright of Richardson Properties, was
in the audience. Mr. Kruger mentioned that the proposed design provides for 5
to 6 foot grades with streets at higher elevations avoiding wasting the front
yards where possible. There will be a tree survey provided and about 5 lots
will.be gained in the balance of the project. The average lot size, however,
will -not be changed significantly. Rich Hefti, of the City's engineering
staff, noted the grades will be set to comply with City .requirements.
Harrison moved, McCrea seconded the motion to -recommend approval of the
application, subject to the following conditions:
1. - All st—mord plat. conditions sba11 be adhered to.
2. Council shall authorize installation of public improvements within
this development prior to final plat approval.
3. This development shall dedicate a .20 foot utility and drainage
easement centered over the southerly lot lines of lots 1 and 2 and any
..'�e�ggt9.•rnn��'�•meenme..r n� _
4. Necessary easements over Vuecrest Cr. and Ridgewood Dr. shall be
dedicated if public utility construction precedes final plat approval.
APC Minutes
September 24, 1985
5. This area shall be responsible for trunk area storm sewer assessments C
and its pro rata share of Lateral benefit from trunk watermain along Wescott
Road. The assessments shall be at the rate in effect at the time of final
platting.
6. This development shall be responsible for all costs associated with
public improvements for this development.
7. The developer shall submit a revised grading plan for staff approval
incorporating the 2% maximum graded intersections wherever feasible.
All.members voted in favor.
NORWEST 2ND ADDITION — PRELIMINARY PLAT
The hearing regarding the application of Norwest Properties for
preliminary plat approval of Norwest 2nd Addition was convened by the chair.
The plat would consist of approximately 3.8 acres with two commercial lots
located north of the existing Norwest Bank facility. Norwest Properties
submitted an application at the August 1985 Planning Commission meeting to
develop the parcel, including a Hardee's restaurant, which it is understood
-has now withdrawn its option on -the property. .The proposal now would include
the Parkview -Family Care Clinic on the former Hardee's-parcel, Lot 1, which
would be a permitted use within the Limited Business zoned district.
Dale.Runkle reviewed the changes in the proposal and mentioned that the
development, of Lot '2 was subject. to .discussion, but the proposal at the
present was to approve Lot 1 only.
Lee Tollefson, the architect for Parkview Medical Clinic was present, as
was Milo Pinkerton of Norwest Properties. Mr. Tollefson indicated that an
attempt is being made to commence construction in November 1985, and open in
the spring of 1986. All setbacks will be complied with, -as well as parking to
include 45 parking stalls.
Members Harrison and McCrea were concerned about the potential congestion
on the site and also traffic problems. Member Bohne_moved to recommend
approval of the application, Wilkins ,seconded the motion,. subject .to the
following conditions: '.
1. All of the standard plat conditions shall be applicable to this
development.
2._ The building shall be constructed of brick add all four sides shall be
treated with the same architectural design and architectural design will be
"�m ei-&tent 1J]:Lh-Narwest Bank.
3. A detailed landscape plan shall be submitted and berms shall be
included, screening the parking areas from public roadways. A landscape bond
shall be required and not released until one year after the landscaping has
been completed.',
1.1
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: OCTOBER 11, 1985
RE: WINDTREE 6TH
-The .Ad.visor.y_Parks .& Recreation Commission reviewed the .preliminary .plat
entitled "Windtree 6th" which is part of the Windtree P.U.D. that has
.::.completed its -.parks -:dedication. requirements.
KV/js
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Fifteen
FINAL RESOLUTION/KNOB HILL PROFESSIONAL PARK
B. Final Resolution for Knob Hill Professional Park (KHPP Partner-
ship), Industrial Development Revenue .Bonds in the .Amount of
1$400,0'00 --The firm of Holmes and Graven, .Attorneys, has requested
that the City Council give final approval to $400,.000 in industrial
revenue bonds for,the Knob Hill Professional Park_ The preliminary
_resolution was .passed- at_the.August 20„ 1985, .City Council meeting.
-.'.All -.documents -..have -_been _submitted ..'to% the -:City and. ---the _'City
Attorney's ._Dffi ce _
ACTION TO BE CONSIDERED ON THIS ITEM: To approve -or -deny--the
final resolution for industrial development bonds in the amount
of $400,000 for Knob Hill Professional Park (KHPP Partnership,
Richard Nordlund/Ed Dunn).
3�
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Sixteen
FINAL RESOLUTION/CINNAMON RIDGE 7TH
C_ Final Resolution for Cinnamon Ridge 7th, Cinnamon Ridge Limited
Partnership (Can American), Multifamily Housing Revenue bonds
in the Amount of $11.35 Million --The City's Housing Program Admin-
istrator, Miller & Schroeder Financial, Inc., has requested that
the City Council give consideration to the multifamily housing
revenue bonds in the amount of $11.35 million for the Cinnamon
Ridge 7th Project. A related issue, approval of the interest
rate reduction loan agreement, will be addressed by the Eagan
HRA later on this meeting agenda. The City Administrator has
enclosed is a copy of a letter from Miller & Schroeder Financial,
Inc., that provides background information on both multifamily
housing revenue bonds and tax inc ement assistance to the project.
This can be found on pages 3� through_ Also enclosed
on pages /-� is a copy of a letter from the Can American Realty
Corporation addressing both the bond resolution and tax increment.
For additional information regarding the multifamily housing
bond program, since those bonds were approved _in preliminary
resolution fnrm approximately one year ago., a copy -.nf the _original
application dated June 29, 1984, is again enclosed on page(s)
-f'��11 for your review.
ACTION TO BE CONSIDERED ON TRIS ITEM: To approve or deny the
final resolution for multifamily housing revenue bonds in the
amount of $11.35 million for the Cinnamon Ridge 7th (Can American)
project.
37
ADMINISTRATIVE AGENDA
EAGAN CITY COUNCIL
REGULAR MEETING
NOVEMBER 6, 1985
CITY ATTORNEY
CITY ADMINISTRATOR
1. Approval of Deloitte Haskins & Sells as Auditors for 1985
Audit Report
2. Public Hearing for Federal Revenue Sharing Funds Budget
3. Clarification of Electrical Permit Fees
DIRECTOR OF PUBLIC WORKS
1. MnDOT Speed Limit Study
2. Project 455, Deerwood Drive Street Improvement (Deerwood
Elementary School)
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 4, 1985
SUBJECT: ADMINISTRATIVE AGENDA
The following items are to be considered as the Administrative
Agenda:
CITY ATTORNEY
There are no items to be considered under City Attorney at this
time.
CITY ADMINISTRATOR
1. Approval of Deloitte Haskins & Sells as Auditors for 1985
Audit Report --The Director of Finance is recommending that the
City retain Deloitte Haskins and Sells as auditors for the City
of Eagan to perform an audit for year ending December 31, 1985.
Attached and referenced as pages /a/ through 6ZL is a copy
of their proposal. The cost for the City's previous audits are
as follows:
YEAR ENDING
December 31, 1983
December 31, 1984
December 31, 1985
AMOUNT
$19,500.00
20,750.00
22,550.00 (proposed)
Both the Director of Finance and City Administrator are pleased
with the services previously provided by Deloitte Haskins and
Sells and would recommend approval of that firm as the City's
auditor.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Deloitte
Haskins & Sells as the City's auditor for the year ending December
31, 1985, at a proposed fee of $22,550.
2. Public Hearing for Federal Revenue Sharing Funds Budget --
A hearing for determining the use of Federal Revenue Sharing
funds must be held before the general operating budget is enacted
and public notice must be given at least 10 days before the hearing
is scheduled. The notice must include a summary of the entire
proposed budget. It is recommended that a public hearing be
scheduled at the December 17, 1985, meeting at which time the
entire budget could be adopted. It will be necessary to schedule
a special meeting to discuss the public utilities budget during
the month of November.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a public
hearing date for consideration of Federal Revenue Sharing funds
at the December 17, 1985, meeting.
3. Clarification of Electrical Permit Fees --The Chief Building
Inspector and City Administrator are proposing an increase in
the electrical inspection fees for all inspections of a 0 to
and including 30 ampere capacity service from $2.50 to $3.00.
Currently the City of Eagan is below the State fee for the 0
to 30 amp circuit. In order for the City to remain comparable
to all other State fees that are levied by the City for electrical
inspection, it is necessary to change this fee.
ACTION TO BE CONSIDERED ON THIS ITEM: To increase the electrical
fee schedule for 0 to 30 amp circuit rates from $2.50 per circuit
to $3.00.
DIRECTOR OF PUBLIC WORKS
1. MnDOT Speed Limit Study --In August of this year, the Council
authorized a request of MnDOT to perform a speed study on 52
different segments of roadway throughout the community. with
this request, the City forwarded information pertaining to the
existing speed limit and what the City was recommending in confor-
mance with our functional classification speed limit policy.
As a result of that request, MnDOT performed a speed study analysis
on each segment of roadway and concurred with the City's recom-
mendation with the exception of those segments listed on page
6,j?j As can be seen, several of the speed limits were lowered
from the City's recommendation based on the "ride -ability", config-
uration and safety site clearance. However, certain segments
were also increased from what our recommendation was based on
these same factors. The Public works Director wanted to inform
the Council of the preliminary findings by MnDOT before the offi-
cial designations were made of record to allow the Council an
opportunity to provide any input that could be pursued further
with MnDOT personnel. MnDOT traffic staff has indicated that
strong justification would have to be made by the City for them
to reevaluate their preliminary findings before the final determina-
tion is made. After the final determination is made, MnDOT will
not reconsider a request to change the speed limit unless signifi-
cant changes are made to the adjacent environment (development,
realignment, accidents, etc.).
ACTION TO BE CONSIDERED ON THIS ITEM: To review the proposed
speed limit changes from City recommendations and provide direction
to staff as may be appropriate.
2. Project 455, Deerwood Drive Street Improvement (Deerwood
Elementary School) --During the past several months, our consulting
engineer has been working closely with representatives of ISD
196 and Cooperative Power Association in determining an acceptable
grade and alignment for the petitioned improvement of Deerwood
Drive from Pilot Knob Road to I -35E. In the preparation of this
feasibility report, preliminary engineering plans have been pre-
pared which show that the City will need approximately 58,000
C.Y. of material to fill in the valley adjacent to the school
site.
Representatives of the school district's architectural firm have
indicated that if the school is constructed according to their
first preferenced design, they will have approximately 40,000
C.Y. of excess material that could be used by the City. However,
for the School District to commit to a specific site plan, they
would like to have a commitment from the City for this excess
material.
Representatives of the School District indicate that they will
expect some compensation fo/r the use of the excess material but
y /7
feel confident that the price could be determined in a fair and
equitable manner based on benefit to each party.
Due to the fact that we have not yet held the public hearing
or approved the final plans for the upgrading of Deerwood Drive,
the staff is reluctant(to make such a commitment without Council
approval. Therefore, the Director of Public Works will be discus-
sing in further detail the action available and required by the
Council at the present time.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to nego-
tiate an agreement for the use of excess material generated by
the grading of the new elementary school site on Deerwood Drive
to be used under Project 455.
Deloitte
Haskins+Sells
Mr. Eugene J. VanOverbeke
Finance Director
City of Eagan
P.O. Box 21199
Eagan, Minnesota 55121
Dear Mr. VanOverbeke:
1360 Norwest Center
55 East Fifth Street
Saint Paul. Minnesota 5.5101
(612) 291-8110
Cable DEHANDS
September 13, 1985
As you requested, we are pleased to provide you with our
proposed audit services for 1985, as well as our estimated fees
for these services.
SCHEDULE:
Preliminary - One week in December, 1985
Final - Weeks of March 24, 31, and April 7, 14, and 21, 1986
Report date goal - April 30, 1986
PERSONNEL:
Michael J. Vinyon, Partner
John B. Lilja, Manager
Eric S. Rangen, In -charge Accountant
Assistants to be named
SERVICES:
Our services to the City for 1985 will include a general
audit of the financial statements of the City. Our audit
approach will be realigned for 1985 so as to constitute an
organization -wide ("single") audit as required by a new
Federal law. This means that the scope of our audit will
include auditing Federal funds, principally your Revenue
Sharing allocation, and procedures relating thereto. In
addition, for 1985, our audit procedures will specifically
include the new Legal Compliance Audit Guide recently
published by the State Auditor.
REPORTS:
As a result of the expansion of our audit scope under Federal
and State requirements, our reporting will also be expanded.
As in the past, we will issue our Auditors' Opinion for
inclusion in your Comprehensive Annual Financial Report. In
addition, we will prepare for you another report for Federal
and State compliance purposes. It will include your basic
financial statements together with our report thereon, as
well as our reports on our examinations of your systems of
internal control and of legal compliance matters.
Of
Mr. Eugene J. VanOverbeke September 13, 1985 2
FEES:
As a result of the increased extent of our audit procedures,
our estimated fees for 1985 will rise somewhat more than the
current rate of inflation. We estimate that our professional
fees, including expenses, will not exceed $22,550.
Should the Council have any questions regarding our reappoint-
ment, we would be pleased to respond to them. We look forward
to continuing to serve the City of Eagan.
Yours very truly,
DELOITTE HASKINS & SELLS
Michael J Vi n
Partne
SPEED LIMITS
*Statutory speed limit of 55 mph or less depending upon conditions. Used
by the State on all gravel roads that do not meet the "urban district"
classification for a 30 mph limit.
103
MnDOT
STREET
FROM
TO
REQUESTED
APPROVED
Blue Gentian Rd.
T.H. 55
T.H.149
35
30
Lone Oak Circle
Lone Oak Rd.
N.End
35
30
W.Service Rd.
Eagandale Blvd.
T.H.55
40
35
Becker Rd.
T.H.149
Delaware Tr.
30
35
Wescott Rd.
Lexington Ave.
S.Hills Dr.
35
Wescott Rd.
S. Hills Dr.
T.H. 149
35
50
Duckwood Dr.
Denmark
Widgeon
35
30
Coachman Rd.
Maintenance Garage
Yankee Doodle
35
30
Comsery Dr.
Yankee Doodle
T.H. 13
35
30
Silver Bell Rd.
Nicols
T.H.13
35
30
Beau D' Rue Dr.
Nicols
Silver Bell Rd.
35
30
Cedarvale Blvd.
Silver Bell Rd.
Nicols Rd.
35
40.
Nicols Rd.
Diffley
Cedarvale Rd.
35
40
Deerwood Dr.
Blackhawk Rd.
Riverton
40
30
Dodd Rd.
Diffley
Wescott Rd.
45
50
Dodd Rd.
Cliff
Diffley
35
40
Safari Blvd.
Thomas Lake Rd.
Cliff Rd.
35
30
Blackhawk Rd.
Cliff
Diffley
35
40
Slaters Rd.
Storland Rd.
Cliff Rd.
40
35
Galaxie Ave.
Apple Valley
Safari Tr.
35
45
Wescott Hills Rd.
Orvilla Home
South End
30
*Statutory speed limit of 55 mph or less depending upon conditions. Used
by the State on all gravel roads that do not meet the "urban district"
classification for a 30 mph limit.
103
Toll Free Minnesota (800) 862.6002
Toll Free Other States (800) 328.6122
e
` IYMer & Schroeder Financial, Inc. -
Northwestern Financial Center • 7900 Xerxes Awnue South • CO. Box 789 • Minneapolis, Minnesota 55431 (612) 831.1500
October 18, 1985
Mr. Thomas L. Hedges
City Administrator
City.of Eagan
3830 'Pilot Knob Road
Eagan; Minnesota 55121
RE: $11,350,000
City of Eagan, Minnesota
Multifamily Housing Revenue Bonds
(Cinnamon Ridge Project)
Dear Mr. Hedges:
On November 6, 1985, the City Council of the.Ci.ty of.Eagan (.the
"City") will consider a resolution authorizing issuance of the
above -referenced bonds (the "Bonds"). Once adopted, the
resolution would permit issuance of the Bonds pursuant to the
terms of•a Trust Indenture, dated as of .November 1,.1985, by and
between First Trust Company, Inc.., as trustee (the "Trustee"),
and the City (the Trust Indenture is hereinafter referred to as
the "Indenture").
The Bonds will be sold to Miller & Schroeder Financial, Inc, and
Mellon Bank, N.A. (the "Underwriters") which will in turn sell
.the Bonds to the public with the aid of the Official Statement, a
disclosure document prepared 'by the "Underwriters and their
counsel (attached).
The proceeds received by the City from the sale of the Bonds will
be loaned to Cinnamon Ridge Limited Partnership, a Minnesota
himited .partuership (the 'Develroper"-) -pu=suamt 1 to the terms of s
Loan Agreement, dated as of November 1, 1985, by and between the
City and the Developer (the "Loan Agreement"). The Developer
will use the proceeds of the loan to acquire and construct 11
three-story residential apartment buildings containing an
_aggrEgate of 264 -townhouse garden apartment rental units to be
known as Cinnamon Ridge Apartments in the City (the -"Project").
She :,Develo.per : mill :2epay`.the:•losn- pursuant,{:to -the .terms ..of she
'Lo'an Agreement. "The City`yril'1, iT turn, `usE ttre 'loan repayments
to pay the principal of and interest on the Bonds when due.
M
Hv+Jyuanen: ?Lnneap.,li.. �Lnnnou
0n nah Uin; �.: Sola na 0.�a.h.l aliiomu <anu \h.n r. a.l,I�i..rnu \,mhhn.d.11linui. S�. Paul, Minnnma TaI1:Ju.�re, FluriJa • \lih+-aukea, U'iKomin
a.,„...,. a.. ..�.�,.,, ice.,.... r.....,.�,:.�....�.,,
Mr. Thomas L. Hedges
October 18, 1985
Page Two
The obligations of the Developer to repay the loan will be paid
by Mellon Bank, N.A., a national banking association (the
"Bank"), from the proceeds of advances on an Irrevocable Direct
Pay Letter of Credit issued by the Bank to the Trustee for the
benefit of the bondholders. In the event the Developer defaults
on its loan obligations, the Trustee is directed to draw on the
Letter of Credit for the payment of the full principal amount of
the Bonds, and any interest thereon.
Neither the full faith and credit nor the taxing power of the
City is pledged to secure the Bonds. As a result, the City has
no monetary obligation with respect to the Bonds. If there are
not sufficient funds to pay the Bonds, then the Bond owners will
not be paid and no recourse is available against the City. In
addition, near.ly all actions required of the City pursuant to the
above -referenced documents. wil.l.be.undertaken on behalf of the
City .by the _Trustee.
In accordance with the requirements of State and Federal law,
twenty percent of the dwelling units in the Project will be held
occupied• by persons and families whose adjusted gross income is
not in excess of eighty percent of ... the -median income for the
Minneapolis -St. Paul Standard Metropoitan Statistical Area as
most recently estimated by the United States Department of
Housing and Urban Development. The Developer has agreed to this
and other restrictions pursuant to the terms of the Financing and
Regulatory Agreement, dated as of November 1, 1985, by and
between the City and the Developer. These same -restrictions are
filed with the County Recorder of Dakota County and become
restrictions which run with the land on which..the Project will be
built. These -restrictions will remain effective for a minimum of
ten years.
All costs incurred -by the, City :and all -other parties to this
transaction will be paid from the proceeds of the Bonds or will
be paid directly by the Developer.
On the date of the issuance of the Bonds, the law firm of Holmes
& Graven, Chartered, of Minneapolis, will render an opinion that
the Bonds:have been issued in accordance with all applicable laws
::of: the -.:Sia*e. nii. M.ivanes.oSa �n�war:e-aalid.:obLi ..-the City;
and that interest on the Bonds is exempt from United States and
State of Minnesota income taxation.
3y
Mr. Thomas L. Hedges
October 18, 1985
Page Three
The Developer has also requested that the City provide a Tax
Increment Assistance to the Project through an Interest Rate
Reduction Program previously approved by the City Council of the
City. In accordance with this Program, the Developer has agreed
to enter into an Interest Rate Reduction Loan Agreement with the
City, whereby fifty percent (50%) of the Tax Increment received
by the City .from the construction of the Cinnamon Ridge Project
will be paid by the City directly to the Trustee to help reduce
the effect of the interest rate payable by the Developer on the
Bonds, thereby resulting in a lower Debt Service Requirement for
the Project which can be passed on to the Project tenants through
lower rents and which will result in a higher level of quality of
construction which has been required and endorsed by neighbors of
the Project. Pursuant to the Interest Rate Reduction Loan
Agreement, the Developer is obligated to repay all of the
advances -made by -the City-, together, with:£iv.e.percent (57) simple
interest thereon at the time the Developer -transfers-the property
to a subsequent owner, or upon t'he termination of a Tax Increment
Assistance to the Project. Furthermore, the City is entitled to
share in any appreciated value of the Project attributable to the
portion or the debt service of the Project paid by the City from
its Tax Increment Assistance, after the -Developer has paid off
his prior obligations in accordance with the Interest Rate
Reduction Loan Agreement. The Interest Rate Reduction Loan is
structured as a second mortgage on the Project, behind only the
Bondholders. Thus, the City is assured the full recoupment of
the aggregate sum of its Tax Increment Assistant to the Project,
plus five percent (57) simple interest on all such payments, plus
the opportunity -to-share in -the potential appreciation of the
value of the Project.
Should you have any questions, please do not hesitate to call me.
Sincerely,
MILLER & SCHROEDER FINANCIAL, INC.
Marcia A. Cohodes
Assistant :Vice. President
MAC/blh
Enclosures
cc: Paul Hauge, Esq.
Gene VanOverbeke
�6
CAN -AMERICAN REALTY CORPORATION
1117 Marquette Avenue
Suite 200
Minneapolis, Minnesota 55403.2457
Phone(612)332-5544
October 24, 1985
Mr. Thomas Hedges
City Administrator
CITY OF EAGAN
3830'Pilot Knob'Road
P.O. Box 21199
Eagan, MN 55121
Dear Tom:
As you know by now, we are asking to be included on the agenda
of the November 6 City Council Meeting. We have items which will
finalize the required approvals of.Cinnamon Ridge and enable us to
close the'bond'issue for the project on November 12. Th'is-.is the
date whichhas been -set by. Miller.&.Schroeder and Mellon._Bank,.and we
are -firmly committed to this date -for bond sale purposes.
Along these lines, I want to reiterate and reconfirm the items
we will need approved at the November 6 meeting. Hopefully, you are
being supplied the appropriate information.to..b.e included on the
agenda:
1) Final Plat. Ed Kirscht is finalizing the package,
including the development agreement for final plat
approval by the City Council. I believe we are all on
track and he has_all-the necessary information -to provide
you the backup package'by October --29. You -may want to
confirm this with Ed.
2) Foundation Permit. Steve Hanson explained to our General
Contractor that granting of the-final.plat by the City
automatically provides a -grading -permit for -the
contractors"to-start work. We are requesting, at Steve's
suggestion, that the City grant a foundation permit along
with the grading permit which is allowable under City
statutes. This would save us trying to rush a letter from
-the.-.County..--to .the -City -once we .deliv-er all..the final, plat
documents for recording and would enable us to begin
iTradimg-.-zTad":%nunlation:wnrk.afte=.:-�...clase .the::. -bonus on
November 12. -'This is critical from a soil condition
standpoint before cold weather. We understand that the
final building permit will be issued approximately four to
six weeks after the final plat is recorded.
CITY OF FAGAN, MINNESOTA
Multifamily Housing Bond Program Request
Date June 29, 1984
1. Name of Project Cinnamon Ridge
Project Address Cedar Avenue & Cliff Road, Eagan, MN
2..Applicant Name Cinnamon Ridee Limited Partnershio
Address 1117 Marauette Avenue, Suite 200, MPLS, MN 55403
Contact Person Brvan L. Weber
Telephone Numbers (612/332-5544)
3. Form..of Business (check one)
Sole'Proprietorship Partnership x Corporation
If partnership, include names of partners and ownership interest.
4. Applicant's Legal Counsel (firm name)
Kaplan, Strangis & Kaplan
Address 555 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
Contact Person David Karan
Telephone Number (612/375-1138)
P �3
5. Experience in multifamily construction and/or rehabilitation.
CITY
SEE EXHIBIT A
6. Project Description:
PROJECT NAME
130 1 bedroom units 730 so. ft.
130 2 bedroom units 1,000 - 1,100 so. ft.
11 3 -story buildings
260 covered parking garages
268 open parking spaces
4 UNITS
7. The total cost of the project will be approximately $ 13,780,000'
*264 units @ 53,000/unit (estimate) = $13,780,000 (total costs include
8. Sourc&lanEofig 0f-jinos�
"�g,-credit enhancement,. etc.)
Source:
Use:
Bonds 512,500,000
Developer Equity 1,280,000
Other
Total $13.780.000
Construction Costs 511,440,000 (Hard Construction Costs $44,000/unit)
Other (land. financing. 2.340,000
etc.)
-2-
LI
$13.780.000
W
9. Has the applicant utilized bond financing elsewhere in Minnesota or in
other States:
No Yes X If yes, specify location and purpose:
520.1 million- Svmphonv Place (apartments. Minneaoolis)
512.0 million - Seven Corners (apartments. Minneapolis)
$10.0 million.--Radisson.Metrodome (hotel, MinneapliS)
521:7 million - Charles Center Place (apartments, Baltimore, MD)
.,'Please'.remit your -check.in_the amount of $500_payable.to the,City_of
Eagan, to,the'attencion of:
Mr. Thomas L. Hedges
City .Administrator
City of Eagan
3795 Pilot Knob Road
Eagan, Minnesota 55122
.:_Include two `copies.of.:this application%with your check.
-3-
EXHIBIT A
CANADIAN FINANCIAL HOUSING CORPORATION
PROJECT DEVELOPMENT AND PROPERTY MANAGEMENT EXPERIENCE
Project Development and Property Management
Number of
Project Name and Location Dwelling Units
'Dover -Hill 234
Minneapolis, Minnesota
Owen Brown Place
Columbia, Maryland
Coventry Apartments
Roseville, Minnesota
.Village Green -Apartments
Fridley, Minnesota
Waybury at Chaska
Chaska; Minnesota
Cliff Hill Townhouses
Burnsville, Minnesota
Golden Valley Townhouses
Golden Valley, Minnesota
Minbrooke .Townhouses
Minnetonka, Minnesota
Chicago Avenue Apartments
Minneapolis, Minnesota
College Parkway Place
Annapolis, Maryland
Riverbluff
Minneapolis,, Minnesota
-Management Only
Eagan Green Apartments
Eagan, Minnesota
188
195
-195
114
32
8
46
60
170
30
144
Occupancy
100%
1007
1007
-1007
1007
1007
1007
100%
1007
i002
1002
1007
Development Only
Number of
Project Name and Location
Dwelling Units
Occupancy
Bolton House
260
99%
..Baltimore,.Maryland
='hickory[Ridge_Place
"'108
100%
Columbia, -.-Maryland
Huntington Downs
188
99%
Columbia, Maryland
* Property management by CRMI, Inc., an affiliate.of Shelter
Corporation:of Canada.
Agenda Information
November 6, 1985,
Page Seventeen
Memo
City Council Meeting
A. Resolution Approving Interest Rate Reduction Loan Agreement
Between the City of Eagan HRA and Cinnamon Ridge Limited Partner-
ship (Can American, General Partner) for the Cinnamon Ridge 7th
Addition --Action is necessary to suspend the City Council meeting
..and to convene .as the Housing and Redevelopment Authority for
the purpose of considering an interest rate reduction loan agree-
ment 'fur the Cinnamon Ridge project. Action required by the
HRA -is to approve/modify or deny this loan agreement, a copy
of which is located on pagesg_throughD The tax increment
financing district plan and interest r e reduction project plan
for the Cinnamon Ridge housing project were approved by the Eagan
City Council at a public hearing held on July 2, 1985. A copy
of the minutes from that meeting are enclosed on pages ZI nd
If the loan _agreement is approved, it will be necessary for the
Zagan..BRA --to ..adopt a arm resolution_ _The resolntion_is enrlDsed
on pages '/3 throughw7 .
One of the —conditionsToutlined in the minutes of the July 2,
1985, meeting dealt with an independent appraisal to be provided
at the time of sale or at the end of the 10 year period to determine
the fair sale price. This subject is addressed in Article III,
Section 3.02 (a) in the agreement.
ACTION TO BE CONSIDERED ON THIS ITEM: The HRA must act to approve/
modify or deny the Interest Rate Reduction Loan Agreement with
_Cinnamnn Ririge ..T.imited -Partnership (Cinnamon -Ridge 7th Addition)
and if approved, adopt a resolution outlining this action_
F1
Draft
Octoberk9lj 1985
Ad -
/0/31
INTEREST RATE REDUCTION LOAN AGREEMENT
between
THE; HOUSING' AND:REDEVEWPMENT. AUTHORITY:.IN AND FOR
' THE'CTTY OF' EAGAN;1MNNESOTA
and
CINNAMON RIDGE LIMITED PARTNERSHIP,
A MINNESOTA LIMITED PARTNERSHIP
:,'ThisTinstrument:drafted by:
HOLMES &-GRAVEN; CHARTERED
470 Pillsbury Center
Minneapolis, Minnesota 55402
oil
THIS AGREEMENT is made and entered into this day of ,
1985, by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF EAGAN, MINNESOTA, a public body corporate and politic
(the "Authority") and CINNAMON RIDGE LIMITED PARTNERSHIP, a Minnesota
limited partnership (the "Developer").
WHEREAS, the Authority by the passage of a Resolution dated June 18,
1985, has established a tax increment financing district pursuant to Minnesota
Statutes, Sections 273.71, to 273.78, and approved a Tax Increment Financing
District Plan for the Cinnamon Ridge Housing Project and undertaken the Interest
Reduction Program (as defined herein) pursuant to Minnesota Statutes, Section
462.445, Subdivisions 10 through 13 to reduce the effective rate of interest on a
Mortgage Loan (as defined herein) made to the Developer; and
WHEREAS, the Developer has entered into the Mortgage Loan . for the
purpose of financing the construction of the Development (as defined herein) by the
Developer; and
WHEREAS, the Developer desires to participate in the Interest Reduction
Program.
NOW, THEREFORE, in consideration of the mutual agreements herein
contained, the parties hereto agree as follows:
ARTICLE I
Definitions
Section 1.01. Definitions. As used in this Agreement, the following terms
shall have the meanings specified below unless the context clearly requires
otherwise:
Adjusted Family Income: all income from all sources received by the family
head (even if temporarily absent) and each additional member of the family
household who is not a minor less $750 for each adult in the family to a maximum
of two adults and less $500 for each other dependent in the family.
Agreement: This Interest Rate Reduction Loan Agreement, as the same
may be from time to time amended.
Authority Loan or Loan: The loan -by the Authority -to the Developer made
pursuant to Article 11 hereof.
Certification Year: The twelve-month period commencing with the date of
income.ceriification_pursuant -to -Section 5.03_hereof.
�lee:Uity_ofzagmm,Mirmesota.
Development: A 264 -unit multifamily residential building for rental
primarily to persons and families of low and moderate income, to be acquired and
constructed by the Developer in the City with proceeds of the Mortgage Loan,
constructed on the real property described on Exhibit A hereto.
1
�D
11
First Mortgage: The mortgage by the Developer to the Trustee securing the
repayment of the Mortgage Loan.
Interest Reduction Program: The Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota Interest Reduction Program (Eagan Multi -
Family Rental Project) undertaken pursuant to Minnesota Statutes, Section
462.445, Subdivisions 10, 11, and 12.
Mortgage Loan Documents: The following documents made and entered into
between the Developer, the City and the Trustee to evidence and secure the
Mortgage Loan:
(a) An Indenture of Trust, dated as of November 1, 1985, between the
.City and the Trustee.
(b) A Loan.Agreement, dated as of November 1, 1985, between the City
and the Developer.
(c) A Regulatory Agreement, dated as of November 1, 1985, between and
among the Developer, the City and the Trustee.
. (d) A Declaration of Restrictive Covenants, dated as of November 1,
.1985.
(e) A Mortgage and Security Agreement -and Fixture Financing
Statement, dated as of November 1, 1985.
Mortgage Loan: The loan from the City to the Developer pursuant to a the
Mortgage Loan Documents, dated November 1, 1985, to finance the construction of
the Development.
Net Cash Flow: All cash receipts from operations of the Development in
the ordinary course of business after deducting actual operating and financing
expenses paid or accrued and debt service payments (including payments for
principal interest and all required revenues) made in connection with any loans
relating to the Development. For purposes of this definition.of Net Cash Flow
"operating and financing expenses" shall include, without limitation, the following:
management fees, caretakers salaries, maintenance salaries, payroll taxes,
accounting and legal fees, utilities charges, lawn maintenance costs, trash and
snow. removal charges,. expenses for repairs, maintenance and decorating of the
Development, advertising costs, permit .fees, insurance premiums, real estate
taxes, special assessments and installments, letter of credit fees, -fees of the City,
Trustee's fees, or mortgage servicing fees relating to the Development or the
Mortgage Loan.
-.Original Assessed. Value: _The Assessed, value._of aR.taxahle. real property
comprising the Development as certified by the Dakota County auditor in
_.rrmneadan w tit:* i=ezthm of The :Tax:l:ncrement Fmzmemg'Ta; trwt_'Phm r the
"Cinnamon'Ridge Fiousing'Project of the Authority pursuant to Minnesota Statutes,
Section 273.76, Subdivision 1, subject to any statutorily required changes resulting
from future legislation amending said Section.
15�1
Second Mortgage: The second mortgage from the Developer to the
Authority in substantially the form of Exhibit B attached hereto, given to secure
the payment of the Developer's obligation pursuant to this Agreement.
Tax Increment: The excess of the taxes generated at the then current
assessed value of the Development over the taxes generated by the Original
Assessed Value prior to construction of the improvements by the Developer.
Transfer. The sale, transfer or other conveyance of the Development,
whether by deed, contract for deed, lease (other than occupancy leases), or
otherwise, or any change of more than fifty percent (50%) in the identity or
partnership shares of the partners of the Developer; provided, however, that the
transfer of partnership interests in connection with the initial limited partnership
syndication shall not constitute a Transfer and provided further than the deletion
of a general partner resulting from the death of such partner shall not constitute a
Transfer.
Trustee: First Trust Company, Inc., as trustee under the Mortgage Loan
Documents.
Valuation Date: The date or dates on which any of the following occurs:
(1) Any Transfer of -the. Development;
(2) 'The date as of which the principal balance -of the Mortgage
Loan is paid in full;
(3) Upon occurrence of an . Event of Default, if . the Authority
elects to accelerate the Authority Loan pursuant .to..Section 7.02;
(4) Upon prepayment of the Mortgage Loan as a result of
foreclosure of the granting of a deed in lieu of foreclosure; or
(5) The date which is ten (10) years after the first advance made
by the Authority to the Developer pursuant .to Section 2.01 of this
Agreement.
ARTICLE U
Authority. Loan
Section 2.01. Amount of Loan. Subject to the provisions of Section 2.04
hereof, the Authority agrees to lend to the Developer and the Developer agrees to
borrow from the Authority on a non-recourse basis, an interest rate reduction loan
jthe. "Loan") with respect to_ the Mortgage. Loan, .by way .of advances asset forth
.below from time -to time during the term of the Loan Advances on the Loan shall
_ tae nnsde aa�aammy l3_ and.dtgy.l3: of �aeh yeah: =eaeing: as July _1% 19M in
amountsequal to fifty percent `(50%) of the Tax Increment generated by the
Development. Advances shall be paid by the Authority to the Trustee accompanied
by directions that the Trustee apply such advances solely to the payment of
interest on the Mortgage Loan. The Authority shall notify the Trustee and the
Developer in writing as soon as reasonably possible following a determination by
'5��
the Authority that for any reason an advance will not be made in the amount set
forth in this Section 2.01. No advance shall be made following a Transfer unless (i)
prior to the Transfer the Authority approves in writing the continuation of
advances; (ii) the person or entity to whom the Transfer is made enters into an
interest rate reduction loan agreement in substantially the form of this Agreement;
and (iii) the person or entity to whom the Transfer is made assumes the obligations
of the Developer under the Mortgage Loan and the First Mortgage.
Section 2.02. Revenue Obligation. The Authority's obligation to advance
funds for the Loan is payable solely from fifty percent (50%) of the cumulative Tax
Increment generated by the Development. The Authority hereby pledges fifty
percent (50%) of the Tax Increment generated by the Development prior to the
Valuation Date to be available for advances as set forth herein. .The Authority's
obligation to lend funds shall not be payable from nor charged upon any funds other
than said portion of the Tax Increment so pledged.
Section 2.03. Non -Recourse Loan. Neither the Developer nor any of its
partners shall be personally liable for payment of the Authority Loan, and the sole
recourse of the Authority for a failure to pay the Authority Loan shall be limited
to proceeding against the Development in accordance with the Second Mortgage.
.Section.2.04. Conditions Precedent to Lending. The Authority's obligation
to make the .Loan to the Developer in accordance with this Agreement shall be
.,subject Ao .the condition _that- prior to. June 30, 1986, the .Developer shall submit .to
the Authority (a) evidence, satisfactory to the Authority, that the Developer has
sufficient funds available to it from the proceeds of the Mortgage Loan and equity
contributions to the Developer to finance the construction of the Development; and
(b) plans and specifications for the construction of the Development which are
consistent with the plat for the Development which was finally approved by the
City and in sufficient detail to establish to the Authority's satisfaction the quality
of construction for the Development.
ARTICLE III
Interest On the Loan
Section 3.01. Development Valuation at Valuation Date. The Project shall
be valued on the Valuation Date for purposes of determining the aggregate of
merest and principal to be repaid on the Loan.
'Section 3.02. Definitions for Use in Development Valuation.
(a) Fair Market Value. The Fair Market Value of the Development shall
be its fair market value determined as set forth below as of the Valuation Date. If
the Valuation -Date .occurs. by reason of .a sale..of .the -Development, then if the
Authority .determines that. such sale was an arms' length transaction, the -Fair
-3R�et � Valae_,dmll' be' �gimi so =tips peiee ' s Vis, _���d..viher
expenses of sale actually incurred to the extent they do not exceed a customary
and reasonable amount. If the Authority determines that such sale triggering the
Valuation Date was not an arms' length transaction, or if the Valuation Date occurs
by reason of an event other than a sale, the Fair Market Value shall be determined
by appraisal, taking into account the anticipated costs of sale or other disposition,
53
including reasonable and customary brokerage fees, and the costs of appraisal. The
appraisal shall be by a panel of three appraisers, one selected by each of the
Developer and the Authority and the third selected by agreement of the other two
or appointed by the Dakota County District Court.
(b) Net Total Investment. The Developer's Net Total Investment shall be
the aggregate total of the Developer's equity contributed to the acquisition and
construction of the Development, any payments of principal or interest on the
Mortgage Loan, any Developer Discretionary Payments, other payments made to
construct, acquire, operate, maintain, repair or improve the Development,
payments for taxes and special assessments on the Development, and any
outstanding liens or mortgages securing loans, advances or goods or services
provided for the construction, acquisition or improvement of the Development.
(c) Return on Equity. The Developer's Return on Equity shall be equal to
the aggregate total of all distributions made or required to be made by the
Developer to the limited partners of the Developer, but shall exclude any
distributions to any general partners of the Developer. It is recognized and agreed
that the limited partnership units in the Developer will not be syndicated until
after the execution of this Agreement and that the terms of the distributions from
the Developer to its limited partners will be determined in the market place at the
time of such syndication. To the end of establishing that the Developer's
distributions to its limited partners. at the time of syndication will not be
:materially . different .from. the market ;place standards . at , the --time of . such
syndication, the Developer hereby covenants and warrants to the Authority that
the distributions made to the limited partners of the Developer will not exceed the
amounts necessary to successfully place the limited partnership units in the
Developer at the time of the syndication, and the Developer further agrees that
upon the syndication of limited partnership interests in the Developer, the
Developer will deliver to the Authority (a) a true and correct copy of the
partnership agreement of the Developer; (b) a true and correct copy of all offering
documents and securities registration materials prepared in connection with the
syndication of the limited partnership interests in the Developer; and (c) a written
confirmation from a member of the National Association of Securities Dealiers
experienced in the area of real estate limited partnership syndications that the
distributions to be made to the limited partners _of the Developer are not
materially different from the distributions which are being made to other limited
partners in similar real estate limited partnership syndications being offered in the
market place at the time of the Developer's syndication for projects similar to the
Development.
(d) Developer Discretionary Payments. The Developer Discretionary
Payments shall include all payments made for replacement reserves and
management fees and other discretionary expenses under the control of the
Developer, subject to the limitation that the growth of all Developer Discretionary
expenses shall be limited..to an aggregate annual average growth_rate of not more
thanfive ,percent,(5%) for purposes of calculating this formula.
(e) Net Appreciation. The Net Appreciation of the Development shall
equal the Fair Market Value of the Development less the amount determined under
Section 3.03(a) hereof, less the Developer's Net Total Investment and less the
Developer's Return on Equity.
5
Section 3.03. Aggregate of Interest and Principal. The aggregate principal
of and interest on the Authority Loan shall be the sum of:
(a) the aggregate amount of all advances made by the Authority plus
simple interest accrued on all such advances at the rate of five percent (5%) per
annum; plus
(b) the Net Appreciation of the Development multiplied by a fraction,
the numerator.of which is the aggregate amount of all advances on the Authority
Loan made by the Authority (without interest thereon) and the denominator of
which is the Developer's Net Total Investment.
The amount determined pursuant to this section shall be reduced by any
prepayments of .the Authority Loan made pursuant to Section 4.04 hereof.
Section 3.04. Interest Accrued at Valuation Date. As of the Valuation Date,
the amount, if any, of the excess of the aggregate of the interest and principal on
the Authority Loan determined pursuant to Section 3.03 over the sum of the
advances theretofore made on the Authority Loan shall be deemed to be interest on
the Authority Loan.
Section 3.05.Accrual of Interest Subsequent to Valuation Date.
Commencing with the Valuation Date, there shall accrue additional interest on so
much of the :principal balance of. the Authority -Loan-determined -as-provided in
Sections 3.03 and 3.04, and further adjusted to reflect compounding of interest and
reduction by payments. Such interest shall be compounded and added to principal
as of December 31 of each year. Such interest shall accrue at a rate per annum
equal to the average annual rate of return being earned by the Authority on
investment of all other of its funds during that year, as determined by the chief
financial officer of the Authority, within 45 days of the end of each such December
31. The Authority shall within 60 days of the end of each calendar year notify the
Developer of such average annual rate of return for the calendar year just ended
and shall make available to the Developer upon request all information under its
control which would be useful in verifying said rate of return.
ARTICLE IV
Repayment of and Security -for Authority Loan
Section 4.01. Initial Period. _Except 2s provided in Section .4.03 and 4_04, no
payment shall be due from the Developer until April 15 of the calendar year
following the calendar year of the Valuation Date.
Section 4.02. Periodic Payments Following Initial Period. Unless payment in
full .is previously -required .pursuant to Section .4.03, -the -Developer.._ shall .pay
annually to the Authority on or_before .each April 15 following .the Valuation Date
:. =0 payment -1a fullAs'wed-pursuant.2n:Section 4.03 7an7amomnt7ewelto_one-
fourth (1/4) of the Net Cash Flow of the Development for the preceding calendar
year, which shall be applied first to accrued interest, with any excess applied to
reduce the outstanding principal balance of the Authority Loan. The amount due
on the first such payment date shall be that fraction of one-fourth (1/4) of the Net
6
Cash Flow of the Development for the preceding calendar year "equal to the
fraction of such year which is after the Valuation Date.
Section 4.03. Payment in Full. All unpaid principal, adjusted as provided in
Section 3.04 and 3.05, further adjusted for compounding of interest pursuant to
Section 3.06, and reduced by the periodic payments pursuant to Section 4.02 and
any payments pursuant to Section 4.04, together with any accrued interest not
previously added to principal, shall be due and payable upon the earlier of:
(1) The Authority's election to accelerate the Authority Loan
following default by the Developer as provided in Section 7.02; or
(2) Transfer of the Project.
(3) The date which is ten (10) years after the first advance made
by the Authority with the Developer pursuant to Section 2.01 of this
Agreement.
No additional payments shall be required.
Section 4.04. Prepavment. The Developer may prepay the Authority Loan
and the accrued interest thereon, in whole or in -part, at any time or from time to
time without premium or penalty.
- -Section 4.05. AuthorityLoan Secured by Uen on "Project. The Developer's
obligation to repay the Authority Loan shall be secured by.the Second Mortgage,
which shall be subordinate to the First Mortgage granted by the Developer in
connection with the Mortgage Loan or, with the prior written consent of the
Authority, which consent shall not be unreasonably withheld, the issuance of any
debt to refinance the Mortgage Loan in an amount which is not in excess of the
outstanding debt being refinanced plus reasonable costs incurred in the refinancing.
In addition, the Authority agrees to consider (and to consent or not consent to, in
its sole discretion) subordination of the Second Mortgage to other liens on the
Project as requested by the Developer. Immediately following the Valuation Date,
the Developer shall execute and cause to be.recorded a revised instrument setting
forth the exact amount of the debt secured by the Second Mortgage, as determined
on the Valuation Date.
ARTICLE V
Provision of Low-income housing
Section 5.01. Construction of Development. The Developer agrees to
construct the Development as provided in and subject to the provisions of the
Idortgage Loan -Documents.
"_�ection3:02 .Low=income"Units. (a) -A1 _ail'times- rafter. -fit -of.-In
-occupancy permit with, -respect -to the Development and continuing urttil the
Authority Loan has been paid in full, the Developer shall hold 20% of the units in
the Development for rental to persons and families with an annual Adjusted Family
Income not in excess of eighty percent (80%) of the median family income for the
62;
7
Minneapolis -St. Paul Metropolitan Statistical Area, as determined by the United
States Department of Housing and Urban Development.
(b) In addition to the requirements set forth in clauses (a) of this Section
5.02, at least 55% of the units in the Development shall be held available for rental
to families and individuals with Adjusted Family Incomes which at the time such
families or individuals first occupy such units are equal to, or less than, 66 times
120% of the new construction monthly fair market rent for the unit (or similar
units in other developments), as established by the United States Department of
Housing and Urban Development.
Section 5.03. Certification of Income. The Developer shall secure an
income certification in the form attached hereto as Exhibit C, or such other form
as may be approved by the Authority, which includes the information described in
Exhibit C, from the proposed tenant or tenants of each qualifying unit -prior to
initial occupancy and annually thereafter. Such income certification shall contain
a statement of the anticipated total annual income for the Certification Year of
each person who proposes to live in the dwelling unit during the Certification Year,
the number of minors who propose to live in the dwelling unit, during the
Certification Year, and the source of all anticipated income. Such certification
imav be sworn to before a notary public or other officer authorized to administer
oaths. The Developer shall use its best efforts to confirm the amount of
anticipated income with the identified source.
''Section 5.04. Increase 'in Tenant Income. No -tenant shall -be required to
terminate occupancy within the Development due to an increase in the income of
such tenant above the maximum qualifying level as determined pursuant to Section
5.02(a) hereof. Any unit occupied by persons who met .the income restrictions upon
their initial occupancy of such unit. shall remain .in a qualifying unit pursuant to
Section 5.02 even after such an increase in tenant income.
Section 5.05. Release and Indemnification. (a) The Developer releases the
Authority and the governing body members, officers, agents, servants and
employees thereof from and covenants and agrees that the Authority and the
governing body members, officers, agents, servants and employees thereof shall not
be liable for, and -agrees to protect and defend, indemnify and hold harmless the
Authority and the governing body members, officers, agents, servants and
employees thereof against, any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the
Development other than those arising -from specific acts of negligence of the
Authority or its.off'mn s, agents, servants, employees and governing body. -members.
(b) Except for any willful -misrepresentation or any willful or wanton
misconduct of the following named parties, the Developer agrees to protect and
defend the Authority, the governing body members, officers, agents, servants and
.employees _thereof, now .and .forever, .and further agrees.. to hold the aforesaid
harmless,. from any claim, demand, suit, action -or other proceeding by-any-person
9r• ' �risiag -or purportedly -gig drum :the '_e tion of the
-Development by the Developer as a rental housing project.
ARTICLE VI
Insurance
Section 6.01. Insurance. The Developer shall keep and maintain the
Development at all times insured against such risks and in such amounts, with such
deductible provisions, as are customary in connection with the operation of
facilities of the type and size comparable to the Development and the Developer
shall carry and maintain, or cause to be carried and maintained, and pay or cause
to be paid timely the premiums for, at least the following insurance with respect to
the Development as provided in the Second Mortgage.
Section 6.02. Insurers and Policies. Each insurance policy required by
Section 6.01 hereof (a) shall be issued or written by a financially responsible insurer
(or'insurers), or by an insurance fund established by the United States or State of
Minnesota or an agency or instrumentality thereof licensed to transact business in
the State of Minnesota; (b) shall be in such form and with such provisions
(including, without limitation and where applicable, loss payable clauses, waiver of
subrogation clauses, provisions relieving the insurer of liability to the extent of
minor claims and the designation of the named insureds) as are generally
considered standard provisions for the type of insurance involved; (c) shall name
the Authority. as an additional insured -subordinate to the mortgage securing the
Mortgage Loan; and (d) -shall .prohibit cancellation or -substantial modification by
.the. insurer.withouttaY.1east thirty (30),-days'.prior written -notice to.the.Authority
and the Developer.
Section 6.03. Application of Proceeds. (a) In the event that proceeds of any
policy of insurance required pursuant to Section 6.01 become payable while the
Mortgage Loan is outstanding, such proceeds shall be applied in accordance with
the provisions of the Mortgage Loan Documents; provided that any excess proceeds
shall be payable to the Developer or the Authority in accordance with subparagraph
(b).
(b) In the event that the proceeds of any policy of insurance required
pursuant to Section 6.01: become payable after the First Mortgage securing the
Mortgage Loan is no longer outstanding, the Developer may .elect :to (i) apply such
_proceeds to repair, reconstruct and restore the damaged- Development, or (ii) if
insurance proceeds are sufficient to repay the Authority Loan as determined on the
Valuation Date, treat such receipt of proceeds as a Transfer. In .the event that the
Valuation .Date has not occurred prior to the receipt of proceeds, the date of such
-receipt may be elected as the Valuation -Date and themaluation can then be made
based on the appraised value of the Project before destruction, if such valuation is
sufficient to allow the Developer to elect option (ii) above.
ARTICLE VII
Section 7.01. Events of Default. The happening of one or more of the
following events and the failure to cure such event within thirty days after notice
thereof in writing is given by the nondefaulting party hereto to the Trustee under
the Indenture with respect to the Bonds and the defaulting party or if not possible
M
to cure within thirty days, failure to commence reasonable efforts to cure within
that period, shall constitute an "Event of Default":
(a) The Developer shall fail to maintain 20% of the units within the
Development for occupancy by persons and families of low and moderate income in
accordance with the provisions of Article V and the continuance of such failure for
three (3) months following written notice thereof to the Developer from the
Authority.
(b) The Authority shall fail to timely advance the proceeds of the Loan
to the Developer in accordance with the provisions of Section 2.01 hereof, provided
that no Event of Default shall exist under this paragraph if the Authority's failure
to make such advances is caused by any action or inaction by the State of
Minnesota or the County of Dakota in connection with the collection and
distribution of the Tax Increment.
(c) Either party shall fail to perform any other covenant, agreement or
condition of this Agreement and the continuance of such failure for sixty (60) days
following written notice thereof from the other party.
Section 7.02. Remedies on Default. Whenever any Event of Default
referred to in this Agreement occurs with respect to either party, the other party
may take any one or more of the following actions, unless otherwise agreed to by
the parties in writing:
(a) if the default is by the Developer, suspension of the Authority's
obligation to make advances on the Authority Loan, valuation of the Development
pursuant to Section 3.02, and declaration of any amounts due on the Authority Loan
to be immediately due and payable;
(b) if the default is by the Developer, the Authority may exercise its
remedies pursuant to the Second Mortgage; or
(c) either party may take whatever action, legal or administrative, as
may appear necessary or desirable to collect any payments due or to enforce
performance and observance of any obligation, agreement or covenant under this
Agreement, or to collect.damages for breach -of contract.
In the event that the Authority does not make the advances to the.
Developer provided for in. Section 2.01 as a result of any action or inaction by the
State of Minnesota or the County of Dakota in connection with the eollection and
distribution of the Tax increment, the Developer may, -at its option, terminate this
Agreement, subject to the Developer's obligation to repay the amount of Advances
theretofore made by the Authority (without interest thereon), as provided in this
Agreement. Further notwithstanding the foregoing, the Developer may pursue such
__other Action At -law -or -in-equity-as 1t_shall_deem. appropriate to -recover .frnm .the
State of Minnesota or the County of Dakota the portion of the Tax Increment
-. t9` wyabIe"io'the Developeramder'2his:AgmemEnt.
No remedy herein conferred is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to
67
10
exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
Section 7.03. No Additional Waiver Implied by One Waiver. In the event any
agreement contained in this Agreement should be breached by either party and
thereafter waived in writing by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder. No waiver shall be deemed to have
occurred unless such waiver is in writing signed by the party giving such waiver.
ARTICLE VM
Miscellaneous
Section 8.01. Records and Reports, Notices. (a) The Developer shall
maintain all records needed to conduct the valuation of the Development on the
Valuation Date, to determine the amount owing hereunder from time to time
thereafter, to determine the amounts of periodic payments required by Section
4.02 and to demonstrate compliance with Article V regarding the provision of low
income housing. The Developer shall make quarterly. certified reports to the
Authority identifying qualifying units including the rent charged thereon, the
.tenants thereof,_and..the income of. thetenants as certified .pursuant - to -Section
5.03. The Developer shall submit a report supporting the calculations made
pursuant to Section 3.02 through 3.05, an annual report thereafter along with each
periodic payment pursuant to Section 4.02 in support of the amount thereof and the
principal balance of the Authority Loan adjusted to date and a report in support of
the amount of the final payment pursuant to Section 4.03. The report supporting
the calculations made pursuant to Sections 3.02 through 3.05 shall be audited by an
independent certified public accountant; provided, however, that said auditor may
rely upon the books and records of the Developer for the underlying data used in
the calculation. The Developer's books and records shall be made available to the
Authority for inspection at its request, upon reasonable notice.
(b) The -Developer, within 20 days following the event, shall provide
written notice to the Authority of (i) any change in the identity or- partnership
shares of the general partners of the Developer; (ii) any default by the Developer in
its obligations under the Mortgage Loan Documents; and (iii) any Transfer.
.Section 8.02. Notices. All notices, demands or other .communications
hereunder shall be in writing -and shall be deemed to be sufficiently given when
personally delivered or mailed, postage prepaid, with proper address as indicated
below:
To the Authority: The Eagan. Housing and Redevelopment Authority
City Hall
2Z30JWnt_1Kaob, Road
Eagan,'Minnesota 55122
To the Developer: Cinnamon Ridge Limited Partnership
1117 Marquette Avenue, Suite 200
Minneapolis, Minnesota 55403-2457
To the Trustee: First Trust Company, Inc.
332 Minnesota Street
St. Paul, Minnesota 55101
or at such other address with respect to either party as such party may, from time
to time, designate in writing and forward to the other as provided in this Section.
Section 8.03. Separability of Provisions. Each provision of this Agreement
shall .be considered:separable and if for any reason any provision or provisions
hereof are'determined to be invalid and contrary to any existing or future law, such
-'invalidity shall not -impair the :operation ,of.or affect -those-provisions of this
Agreement which are -valid.
Section8.04.'.Counterparts..` This; Agreement 'may-be=:executed in -several
t'rcou:iterparts,:_each of which. shall' -be an`original and all of -which shall:constitute
.one and the same agreement.
Section 8.05. Section Titles. Titles of Articles and Sections are for
convenience of reference only and shall not alter or control the meaning of this
Agreement as set.forth in the text.
IN WITNESS WHEREOF, the parties hereto have hereby executed this
Agreement as of the year and date written above.
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument
1985, byaBrve
Can -American Realty _Corporate
_Partnership, a Minnesota limited
STATE OF' MINNESOTA )
ss.
COUNTY OF DAKOTA )
CINNAMON RIDGE LIMITED
PARTNERSHIP
By Can -American Realty Corporation
General Partner
By
Bryan L. Weber
(Vice President, Development
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF EAGAN
0
Chair
By
Executive Director
was acknowledged before me this day of
L. Weber. the Vice President. Develooment of
g, general partner of Cinnamon Ridge Limit
partnership on behalf of the limited partnership.
Notary Public
The -foregoing instrument was acknowledged before me .this day of
1985, by , Chair, and ,
i-ExieLutivx':t etor:'D14n
f.-''$oasing--mid=$edev-aeinpummf,„thurty.in:and:7nrAhe
City of Eagan, on behalf of such authority.
Notary Public
Y
13
EXHIBIT A
TO
INTEREST RATE REDUCTION LOAN AGREEMENT
The real property referenced in the foregoing document is located in the County of
Dakota and is legally described as follows:
-Outlot 'A, Cinnamon Ridge -Addition to the City of Eagan, according
to the plat thereof now on file and of record in the office of the
County -Recorder imand, for: Dakota County, Minnesota.
�3
14
EXHIBIT B
TO
INTEREST RATE REDUCTION LOAN AGREEMENT
Form of Second Mortgage
j[To be Supplied]
EXf1IBIT C
Certification of Tenant Eligibility
I/We, the undersigned, being first duly sworn, state that I/we have read and
answered fully and truthfully each of the following questions for all persons who
-are•to:occupy the -unit in:the, above apartment development for which application is
made.
TENANT. '.'(Please:print,-using full.name)
'-Name. of.Tenant. (Head of Family):
Social Security No.
Name of Spouse:_
Social_Security No.
RENTAI;.UNTT:
Phone
Street, Address: Unit No.:
City: Zipcode: ,
Date of Occupancy of Rental Unit by Tenant:
Date of Lease Signed for Rental Unit by Tenant:
Certification Date (Earlier of Date of Occupancy or Date Lease signed):
L' ' OCCIIPANTS OF RENTAL UNIT.
__-Head of -Family: -Birthdate -Age
B., Spouse: Birthdate_- Age
C. , --Other=:family-zmembers (including fall;minors),.who .will11ve_ in -the
-rental units:
1. First and Last Name "Birthdate Afire Relationship
Exhibit C
G �5 Page 1
(a) Will all of the persons listed in column 1 above be or have they
been full-time students during five calendar months of this calendar year at
an educational institution (other than a correspondence school) with regular
faculty and students?
Yes No
(b) Is any such person (other than nonresident aliens) married and
eligible to file a joint federal income tax return?
Yes No
II. ANTICIPATED ANNUAL INCOME. Please list the anticipated total annual
income from all sources of each family member listed in Section I for the
.twelve mouth period beginning on the Certification.Date listed above:
(a) _IncludinE! all -wages and salaries, .overtime _pay, :commissions,
fees, tips and bonuses before payroll deductions; net income from the
operation of a business or profession or from the rental of real or personal
property (without deducting expenditures for business expansion or
amortization of capital indebtedness); interest and dividends; the full
amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits
and other similar types of periodic receipts; payments in lieu of earnings,
-such-as unemployment and disability compensation, workmen's compensation
and severance pay;. -the maximum amount of public assistance available to
the above persons; periodic and determinable allowances, such as alimony
and childsupport payments -and regular contributions and gifts received
from persons not residing in the dwelling; and all regular -pay, special pay
and allowances of a member of the Armed Forces (whether or not living in
the dwelling) who is the head of the household or spouse, but
{b) ::.�:xC1IId171PCHsaali '��nL'—^anonlnr• mmn,mtclhat-are
specifically for or in reimbursement of medical expenses; lump sum
additions to family assets, such as inheritances, insurance payments
Exhibit C
6�1 Page 2
(including payments under health and accident insurance and workmen's
compensation), capital gains and settlement for personal or property losses;
amounts of educational scholarships paid directly to the student or the
educational institution, and amounts paid by the government to a veteran
for use in meeting the costs of tuition, fees, books and equipment, but in
either case only to the extent used for such purposes; special pay to a
serviceman head of a family who is away from home and exposed to hostile
fire; relocation payments under Title [I of the Uniform Relocation
-Assistance and Real Property Acquisition Policies Act of 1970; foster.chUd
care payments; the value -of coupon allotments for the purchase of -food
pursuant to the Food Stamp Act of 1964 which is in excess of the amount
actually charged for the allotments; and payments received pursuant to
participation in ACTION volunteer programs, is as follows:
Anticipated Total
Name of Family Member IncomeforTwelveMonth Period
S
S
(Please list all family members; if any family -members are notexpectedto
earn -any tncome during the twelve month period, indicate "-0-" in the right
hand column)
III. SOURCES OF INCOME. List sources and amount of all income for all
family members listed in Section I including.salary income (provide name of
employer), welfare re other _:public.wsisstan" pensions, interest, social
security payments, rents, alimony and child support, any anticipated capital
gains, etc:
Name of Family Member
Source of Income Amount per Month
S
S
$
Exhibit C
Page 3
IV. NET FAMILY ASSETS. Please give the following information with respect
to all family members listed in Section I:
A. Any savings accounts? How many?
Name of Account holder(s) and the Name of Bank(s):
Total Amount $
B. Any checking accounts over $100.00?
Name of bank(s):
Total Amount $
C. All cash on hand (other than savings and checking
Accounts): $
D. Value of any real estate owned: $
E. Balance of any contract(s) $
F. Value of any business equipment owned: $
G. Amount of any mortgages owned: $
H. - Value,of.all.stocks,.bonds or. other- securities: $
L Money due from others or held by others for you: $
J. Amount of any prepaid funeral trust account: $
K. Current value of other assets (such.as
automobiles, boats, trailers, snowmobiles,
motorcycles, etc.): $
Total Assets $
The above information is full, true and complete to the best of my knowledge. I
have no objections to inquiries being made for the purpose of verifying the
statements made herein.
Exhibit C
4� Page 4
n
I acknowledge that all of the above information is relevant to the status under
federal income tax law of the interest on bonds issued to finance construction of
the Projects for which application is being made. 1 consent to the disclosure of such
information to the issuer of such bonds, the holders of such bonds, any trustee
acting on their behalf and any authorized agent of the Treasury Department or
Internal Revenue -Service.
. < Date.., :.Signature
:STATE OF: MINNESOTA )
ss.
COUNTY OF )
Subscribed and =sworn .. to. before. me.this. ,day,of ,
(SEAL) Notary. Public
Exhibit C
�cj Page 5
FOR COMPLETION BY APARTMENT OWNER ONLY:
1. Calculation of eligible income:
(a) Enter amount entered for entire household in I above:
$
(b) If the amount entered in IV above is greater than $5,000, enter
the greater of (1) the amount entered in III less the amount previously
entered in II and (ii) 10% of the amount entered in IV: $
(c) TOTAL ELIGIBLE .INCOME (Line 1(a) plus line 1(b)):
2. The amount entered in 1(c) is (check one):
Less than $ which is the maximum Adjusted
Family Income as that term is defined in the Interest Rate
Reduction Loan Agreement (the "Agreement") for the low-
income units described in Section 5.02 (a) of such agreement.
More than the above-mentioned amount.
3. Number. of apartment unit assigned:
4. Monthly rent: $
5. This apartment unit (was/was not) last occupied for a period of 31
consecutive days by a person or persons whose Adjusted Family Income, as
certified in the above manner, was equal to or less than the maximum Adjusted
Family Income amount at which a person would have qualified as a Qualifying
Tenant under the terms of the Declaration.
The Unit:
Qualifies as a low-income unit under Section 5.02(a) of the
Agreement
Does not qualify as a low-income unit under -Section 5.02(a). of the
Agreement
Manager
Exhibit C
%9 Page 6
Council Minutes
July 2, 1985
[i!' ^� m
V 12<- „`:*
C. CINNAMON RIDGE PROJECT - TAX INCREMENT FINANCING
The public heating covering the application of Can American Group for tax
increment financing district and interest rate reduction project for Cinnamon
Ridge apartment project next came before the City Council. The Mayor opened
the hearing and City Administrator Tom Hedges presented the application. He
stated that the programs meet the guidelines that were set forth by the City
Council in 1984-85 and that the City's fiscal consultant, Marsha Cohodes from
Miller b Schroeder Municipals, Inc. and Stan Kehl, Bond Counsel from Holmes
and Graven were present. He further noted that meetings had been held with
staff members and the applicant and the general perameters for a development
.agreement with -.Can American had been detailed.. . He mentioned.that if the
:interest rate .reduction program is approved, that the City and all other
taxing jurisdictions will receive the base amount of taxation existing today
on the property along with 50% of the new taxable rate. The remaining 50%
becomes a tax increment, which is used by the Can American Group to reduce
rental rates by approximately $42.00 per month, according to their
information. A 50% increment is returned to the City at the end of 10 years
or upon sale of the project, which can be used in total by the City's NRA or
City Council. The projected tax increment provided to. the City at the end of
.10 years is $1,494,253.00 according to .assumptions provided by..Miller 6
Schroeder.
Bryan Weber of Can American was present and made a presentation explaining
f- the proposal including the proposed development agreement.
Councilman Smith questioned the 5% interest factor, and further asked how
the City could be assured of an arms -length sale at the end of 10 years, or
prior to the end of the 10 year period. Stan Kehl stated that a provision for
an independent appraisal at the time of such sale, or at the end of 10 years,
will be provided.
Councilman Wachter asked whether lower rents would result because of the
financing and according to Mr. Weber, this would be true. Mr. Wachter further
stated that it was his opinion that the original rates appeared to be
excessive for-vhat was intended. He was farther concerned about the quality
of construction because of the involvement of the City taxpayers, and stated
that there would be no assurance of increase in value.
Councilman 3 gaa atated:that-the-decision is a-suhjective one, made by the
City Council as to whether a comparable project can be developed on the parcel
without tax increment financing.
After discussion, Smith moved, Thomas seconded the motion to approve the
-mpplicatina :fm ta--i-mcrement-iinancmg-and—intereat-rate-reduction-program
-for .ihe..V4,�„� •,n_Rid$E�r43�t� Bubjeeits._the_iolloiaiag.r�ne,r�ons:
1. The applicant will comply with all City, State and Federal regulations
regarding the tax increment and interest rate reduction program requirements.
2. A development agreement will be entered into between the applicant and
the City outlining all necessary provisions for the program.
3. An independent appraisal will be provided at the time of sale or at
the end of the 10 year period to determine the fair sale price. .
7/
6
Council Minutes
July 2, 1985
Those in favor were Thomas,
and Wachter.
Smith and Egan; those against were Blomquist
WESTBURY 1ST ADDITION - WAIVER OF PLAT S VARIANCE
The application of Gabbert Development Company for waiver of plat to
adjust side lot line between Lots 5 and 6, Block 5 and a 7 foot setback
variance to Lexington Avenue was presented to the Council. Dave Gabbert was
present and Dale Runkle detailed the application. The Advisory Planning
Commission recommended approval. After. discussion, Smith _moved, Egan seconded
the motion to approve the application, noting that the City Council -had denied
the application for variance, and that the 50 foot setback requirement had
been overlooked by all persons reviewing the plat originally. The approval
was subject to the following:
1. Houses shall be designed and located to meet all the setback
requirements. No variance shall be granted for Lot 5.
2. All city ordinances and requirements shall be adhered to.
3. -All drainage and --utility easements shall be,vacated.and. relocated -to
conform with the new lot line.
Thomas, Smith and Egan voted yes; Blomquist and Wachter voted against.
E -Z AIR PARR - CONDITIONAL USE PERMIT - PYLON SIGN
The application of Nordquist Sign Co. for conditional use permit for 27
foot high pylon sign in Plainview Addition for the E -Z Air Park was next
heard.. The Planning Commission at its May 28, 1985 meeting recommended
_approval, subject -to conditions including reduction in the size of -the sign to
.125 -square feet_ _Dale Runkle reviewed the application and a representative of
the applicant was present. Wachter moved, Smith seconded -the-motion'to
.approve the application, subject to the following conditions:
1. The sign shall not .exceed 27 feet in .height.
2. The sign shall be located at least 10 feet from any property line.
3. All other City ordinances and requirements shall be adhered to.
- 6. The signs shall -be oriented perpendicular -to the I -35E right-of-way in
_mder..:to .--imi za.,exposure . -to ..the -.fTEEYaf. _.�d._e.minimi-a ..thedupact -on -the
.. _.zdiace t =ezid®res. -
5. The sign shall not exceed 125 square feet per side.
All voted in favor.
%Z✓
tl
THE EAGAN HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION
BEING A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INTEREST RATE REDUCTION LOAN
AGREEMENT IN CONNECTION WITH THE TAX INCREMENT
FINANCING PLAN FOR A TAX INCREMENT FINANCING DISTRICT
(CINNAMON RIDGE HOUSING PROJECT) BY THE EAGAN
HOUSING AND REDEVELOPMENT AUTHORITY.
WHEREAS, the City of Eagan (the "City") has adopted a multifamily housing
development program (the "Program'l and proposes to issue housing revenue bonds
(the "Bonds") pursuant to Minn. Stat. Section 462C.07 in order to finance the
Program; and
WHEREAS, the Minnesota Housing Finance Agency (the "MHFA") has
reviewed and approved the Program; and
WHEREAS, The Eagan Housing and Redevelopment Authority (the
"Authority") is authorized to undertake interest reduction programs to assist the
financing of construction of rental housing units which are primarily for occupancy
by individuals of low or moderate income in accordance with Minn. Stat. Section
462.445, Subds. 10, 11, Ila and 12; and
WHEREAS, the City has considered an Interest Reduction Program to assist
the financing of the multifamily housing .development to be financed with the
Bonds (the "Interest Reduction Program") and has promulgated regulations for the
Interest Reduction Program; and
WHEREAS, pursuant to Minn. Stat. Sections 462.545 and 273.75, Subd. 4, the
Authority is authorized to use tax increment to defray the costs of a project,
including an interest reduction program; and
WHEREAS, in connection with the establishment of the tag increment
_ htrict (the "District') by the Authority pursuant to the Minnesota Tax. Increment
Financing Act, Mirm. Stat., Sections 271.71 to 273.78 inclusive (the "Act'), the
approval by the Board of Commissioners (the "governing body") of the Authority of
the tax increment plan is _required by the local governing body before it will
consider for approval said plan; and
WHEREAS, there was presented to a meeting of the governing body of the
Authority for its consideration and approval, a copy of an interest reduction
program project plan and a tax increment plan for the district dated May 1, 1985,
which plan is. entitled Interest Reduction Program Project Plan and Tax Increment
Financing District -Plan for the Cinnamon-Ridge.Housing Project (the "Plan"); and
''WHEREAS, the Authority prepared the Plan and sabh ttted the Plan to the
City Planning Commission of the City of Eagan (the "Planning Commission") for its
review and opinion and to the Board of Commissioners of Dakota County for their
review and comment; and
73
WHEREAS, by the passage of a Resolution of the Board of Commissioners of
the Authority, dated June 18, 1985, the Authority approved and adopted the
Interest Reduction Program Project Plan and Tax Increment Financing District
Plan for the Cinnamon Ridge Housing Project; and
WHEREAS, in order to carry out the terms and conditions of the Plan, the
Authority proposes to enter into an Interest Rate Reduction Loan Agreement (the
"Agreement") with Cinnamon Ridge Limited Partnership, a Minnesota limited
partnership (the "Developer"), pursuant to which the Developer will be obligated to
repay the amounts advanced to the Developer by the Authority in accordance with
the Plan:
NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners of
The Eagan Housing and Redevelopment Authority:
Section 1. The Chairman and the Executive Director of the Authority are
hereby authorized and directed to execute and deliver the Agreement and, when
executed and delivered as authorized herein, the Agreement shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and shall be in full force and effect from the date of execution and delivery
thereof. The Agreement shall be substantially in the form on file with the
Executive Director on the date hereof, and is hereby approved, with such necessary
variations,. omissions, and-insertions'as do not materially affeet.1he substance of
the. -transaction sand. as the Chairman -and the Executive. Director, .in. their
discretion, shell determine; provided that the execution thereof by the Chairman
and Executive Director shall be conclusive evidence of such determination.
Section 2. The Board of Commissioners of the Authority, officers of the
Authority, and attorneys and other agents. or employees of the Authority are
hereby authorized to do all acts and things required of them by or in connection
with this resolution and the Agreement and the other documents referred to above
for the full, punctual, and complete performance of all the terms, covenants, and
agreements contained in the Agreement and the other documents referred to
above, and this resolution.
Section 3. If for any reason the Chairman of the Board of Commissioners
.of -the -Authority is unable to execute and deliver the Agreement.referied to in this
Resolution, any other member of the Board of Commissioners of the Authority may
execute and deliver such document with the same force and effect as if such
documents was executed by the Chairman. If for any reason the Executive
Director of the Authority is unable to execute and deliver the Agreement referred
-to -in this Resolution, such document -may-be executed and delivered by any other
member of the Board of Commissioners of the Authority or the DeputyExecutive
Director with the same force and effect if such documents were executed and
delivered by the Executive Director of the Authority.
Section 4. All costs incurred by the Authority in connection with the
. i:eaemtion and _delivery of -the Agreement or: any athee mpeement_morinstimment
relative to -the Agreement, shall be paid by the Developer or reimbursed by the
Developer to the Authority.
Section S. This resolution shall be in full force and effect from and after
its passage.
* 2
Adopted by the Board of Commissioners of The Eagan Housing and
Redevelopment Authority this 5th day of November, 1985.
Attest:
Motion made by:
:--Seconded' ,by.,,.
Date:
,5 3
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Eighteen
CONDITIONAL USE PERMIT/BEER & WINE LICENSE/SLICERS PIZZA
.-A. 'Conditional Use Permit to .Allow Beer.& Wine in a CSC (Community
Shopping Center) Zone and On -Sale Wine and Beer License for
'Slicers -Pizza Restaurant -- An 'application )was received by Slicers
Pizza_.Restaurant .for .a. beer...and .wine. -license. ._.The .Eagan Police
+.:Department:; -has -:investigated-:the ..owners,.. -:Thomas. -Miller .:and -James
:.:`.Driscoll, -::and .:find . no reason to deny .-the -application. :- -A copy
-of---the"investigation is'=enclosed -on page ��� For. -.a: -copy -of
the -liquor -license application, refer to the attachment- without
page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the -
-_on-sale--wine_and beer license for Slicers Pizza Restaurant.
76
3930 Pilot Knob Road
Eagan, Minnesota 55122
October 15, 1985
TO: THCMAS..HEDGES.,.CITY. ADMINISTRATOR
FROM: PATRICK GEAGAN, ADMINISTRATIVF, CAPTAIN t�lY
SUBJECT: LIQUOR LICENSE APPLICATION
SLICER'S PIZZA RESTAURANT
2113 CLIFF ROAD. EAGAN
'The Eagan Police Department has investigated the
owners,.'Phomas Miller and James.Driscoll, of
-'Slirrer'-s Pizza in regards -to a Liquor: -.License
Application..
We have also investigated Nancy Unker who will
be the manager of Slicer's Pizza.
We find no reason to deny application based on
the background checks of the above named
individuals.
PG/ma
77
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
police
department
AV M. aEHTHE
GN W Pdb
PATRICK J. GEAGAN
'
MnMnmYw 4pu:n
w
f
KENNE
TH O. AMANN
52
]� cA a�
dtv o
_a `�`�
Ow mSZ
3930 Pilot Knob Road
Eagan, Minnesota 55122
October 15, 1985
TO: THCMAS..HEDGES.,.CITY. ADMINISTRATOR
FROM: PATRICK GEAGAN, ADMINISTRATIVF, CAPTAIN t�lY
SUBJECT: LIQUOR LICENSE APPLICATION
SLICER'S PIZZA RESTAURANT
2113 CLIFF ROAD. EAGAN
'The Eagan Police Department has investigated the
owners,.'Phomas Miller and James.Driscoll, of
-'Slirrer'-s Pizza in regards -to a Liquor: -.License
Application..
We have also investigated Nancy Unker who will
be the manager of Slicer's Pizza.
We find no reason to deny application based on
the background checks of the above named
individuals.
PG/ma
77
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Nineteen
WAIVER OF PLAT/DEBRA 8 DAVID BAILEY
B. Waiver of Plat for Debra & David Bailey for a Lot Split
on Lot .2., Carlson .Acres -- An :application was made by ,David
and Debra Bailey .for a waiver of plat for :L-ot .2., .Carlson Acres.
For -a copy of this waiver of plat application, refer to the
'City Planning 'Department report -found on pages through
F/
`:ACTION": TO 5M --CONSIDERED -ON 'THIS, 'ITEM: -To "approve or-=deny..the
waiver-of:.-platsas,presented.
110
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: DAVID & DEBRA BAILEY
LOCATION: LOT 2, CARLSON ACRES, NE; OF SECTION 28
EXISTING ZONING: R-1, SINGLE FAMILY
DATE OF PUBLIC HEARING: OCTOBER 22, 1985
'DATE OF.REPORT: OCTOBER 15, 1985
REPORTED BY: JIM STURM
APPLICATION SUBMITTED: An application has been submitted requesting
a Waiver of Plat in order to split 1 lot into 2 separate lots
in Carlson Acres south -of Diffley Road.
;COMMENTS.: ".The subject .:lots has- a .total of .39,762 sq. ft. Parcel
.'A (where existing house .-is) will --become 21,:869 sq -ft and parcel
'B -will be'. 1-7,093 sq 'ft. The placement of a proposed. house on
parcel B exceeds all City setback requirements. County Road
30 (Diffley Road) will shift somewhat to the north when the improve-
ments take place. A secondary service drive will be located
south of .the new road, close to what is the existing Diffley
Road. This service drive will eliminate direct access to the
improved Diffley Road and hopefully create a single safer access
point. The County has assured City Staff that access to these
lots will be provided during the construction process.
If approved the Waiver of Plat shall be subject to all applicable
ordinances.
�7
A
\.L .. IIT rl �
• ..�0 W OO IA'
•vl plq :.I. Oq1 �WgII TI .1 MII L..T�
y� m IML m. ���mle�wLnll w Go
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Twenty
FOUNDATION PERMIT/CINNAMON RIDGE 7TH ADDITION
C. Foundation Permit for Cinnamon Ridge 7th Addition, Can American
-- The City has received a written request from the developers
of the proposed Cinnamon Ridge 7th Addition for the issuance
of a foundation permit at the time of final plat approval.
In the past, the Council has authorized the issuance of a foundation
permit subject to verification that all final plat documents
have been submitted to the County for recording. This .is to
insure that the development is not delayed due to potential
backlogs in processing the final plat for recording at the County.
However, the staff continues to strongly recommend that foundation
permits not be issued prior to the plat being released by the
City for recording. This is due to the fact that once final
plat approval has been granted by formal Council action, there
are significant financial requirements that must be fulfilled
by the developer before the City will execute the final plat
documents and release them for recording at the County. In
_.reviewing this request, it is felt that the 1-2 day delay that
'would .be created by .maintaining our past policy will not be
detrimental to the liability of this proposed development.
ACTION TO BE CONSIDERED ON THIS ITEM= To approve/deny the issuance
of a foundation permit prior to the receipt of final plat applica-
tions for recording at the County.
N
Agenda Information
November 6, 1985,
Page Twenty -One
Memo
City Council Meeting
SPECIAL PERMIT/ADVERTISING SIGN/LOREN SPANDE
D. Special Permit for Advertising Sign, Loren Spande, Developers
Construction -- .An application was made by :Loren Spande for
.Developers 'Construction, Inc.., to locate a .sign ,for Birch Park.
The sign will be located on the southeast corner of Pilot Knob
Road and Deerwood Drive and the dimensions of the sign are proposed
..at A' x.- 8' -.with the.. height :,being 7.'.. - For _additional _information
on .this:: -item,_ -refer: to -the Planner.'s:.:report,. a :copy.::is_:attached
:.on .pages through
ACTION TO BE ':CONSIDERED ON THIS ITEM: To approve .or - deny -.the
special permit for an advertising sign for Loren Spande, Developers
Construction, Inc.
SUBJECT:
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
'DATE OF REPORT:
CITY OF EAGAN
SPECIAL PERMIT
DEVELOPERS CONSTRUCTION
SW; SECTION 22
R.O.W./P.F. PUBLIC FACILITIES
NOVEMBER 6, 1985
OCTOBER 31, 1985
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted for a Special
Permit to allow a directional sign southeast of the intersection
of Pilot Knob Road and Deerwood Drive adjacent to St. John Neumann
property.
::COMMENTS,: 'The :subject sign. is two directional, non -lighted and
will measure approximately 4' x 8'. - This 7' high sign will be
in the 70' half right-of-way but still 59' from the center line
of Pilot Knob Road and 64' from the center line of Deerwood Drive.
Sunshine Construction had a sign 42' from .the center line of
Pilot Knob Road but that was removed in the recent brush clearing
by Dakota County Electric. St. John Neumann has given permission
to Developers Construction to place the .sign on their property
if so desired. Note: The applicant explained that this sign
will be temporary as its intended use will be 1 year to 1' years
only.
Ifapproved the sign shall be subject -to the one time -sign fee
of $2.50 per sq. ft. and all other applicable ordinances.
y4z
NO
r
Y
CIO
SPECIAL MOTE TO PUBLIC: The City Council Meeting is being held on Wednesday,
November 6, due to the Municipal Election.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
NOVEMBER 6, 1985
6:30 P.K.
.I. '.6:30 -.ROLL CALL & PLEDGE OF AIJ =TA>rCE
'II. 6:32•- ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:35 - EXCELLENCE IN EDUCATION PROCLAMATION �•
IV. 6:40 - RECEIVE BIDS/AWARD $9,500,000 G.O. IMPROVEMENT BOHM OF 1985 P • 3
V. 6:45 - CANVAS OF MUNICIPAL ELECTION BALLOTS - P • 3
-IFI. .6: 50� - DEPARTMENT HEAD . BUSIREss . P-4
A. Fire Department
B. Police Department
VII. 6.55 -.CONSENT AGENDA
'C. Park & Recreation Department
D. Public Works Department
S A. Contractors License
P , 7 B. Project 454, Receive Feasibility Report/Order Public Hearing
(Ashbury Road - Streets & Utilities)
P. ") C. Project 466, Authorize Feasibility Report, Pilot Knob Road (35E
to Cliff Road)
D.g D. Project 465, Receive Petition/Order Feasibility Report (Rahn
1 Ridge Trunk Storm Sewer)
O. E. Approve Final Plat, Cinnamon Ridge 5th & 6th. Additions (Zachman
1 Development Company)
F. Approve Final Plat, Cinnamon Ridge 7th Addition (Cinnamon Ridge ' _Limited Partnership)
.P..13 .-G. .Approva Final.Plat, Dorwest.2nd Addition (Narmest.Properti.es,
Inc. )
P.15 H. Contract 85-15, Approve Change Order #1, (Royal Oaks Circle -
Streets & Utilities)
P.15 I. Contract 85-15, Approve Change Order #2, (Royal Oaks Circle -
-Streets .& Utilities)
P. T: "Contract 82=C & B4=E,.Final_Acceptance CftobRil'l & Knob Hi -11
. %Yrafeasiona Park)
'44,eceive1pot/Orderullieai'(ffNeb, "7C. 'Project !Ponds
Storm Sewer Outlet)
Pj(o L. Project 450, receive Report/Order Public Hearing (Williams &
LaRue Addition - Utilities)
P.11 M. Approve Cinnamon Ridge Planned Unit Development Agreement
Amendment (Cinnamon Ridge 7th Addition)
VIII. 7:00 - PUBLIC HEARINGS
P•17 A. Public Hearing for Industrial Development Bonds for Greensbrough
I (Greensbrough Associates) in the Amount of $600,000
P. 2.S B. Public Hearing for Industrial Development Bonds for
Greensbrough II (Greenbrough Associates) in the Amount of
$600,000
IS. OLD BUSINESS
p.aV A. Preliminary Plat, Windtree 6th Addition (Richardson Properties,
Inc.) Consisting of 15 Single -Family Lots on 6.8 Acres (SE 1/4
of SW 1/4, Section 13-.Elrene & Wescott Roads)
f)..310 B. Final Resolution .for Industrial Development Bonds for'XHPP
Partnership in the Amount of $400,000
P.37 'C. Final Resolution for Cinnamon Ridge 7th, (Can American), Multi -
Family Housing Revenue Bond in the Amount of $11,350,000
X. BRA
P.4Y. A. Interest Rate Reduction Loan Agreeemnt, Cinnamon Ridge 7th (Can
American, General Partner)
76 A. Conditional Use Permit to Allow Beer & Wine in a CSC (Community
P, Shopping Center Zone and On -Sale Wine and Beer License for
Slicers Pizza Restaurant
B. Waiver of Plat, Debra and David Bailey, for a lot split on Lot
2, Carlson Acres, Located in Part of the NE 1/4 of Section 28,
off Diffley Road
P p�- C. Foundation Permit, Cinnamon Ridge 7th, Can American
pj D. Special Permit for Advertising Sign, Loren Spande, Developers
P Construction
am
VISITORS TO BE HEARD (for those parsons not an the agenda)
EIT.
SPECIAL. RECOGNITION
SPECIAL RECOGNITION/EAGAN CONSTRUCTION/GRESSER INC.
BERWALD ROOFING/WENZEL-HILITE CORPORATION
The City solicited a quotation from Gresser Inc.., to construct
the Municipal Center 'identification sign located on Pilot Knob
:.Road -and.. -west ..of. the . City Hall/Police _Department. Building.. Mr.
Gresser :inclicated ;;mt'.r the .time .the 'quotation.. was :,accepted,:. -by. -.,the
City- -that the job would be constructed during slow periods o£
time by" his company" acting as the general contractor --and -in -turn
for the City's patience, a part of the work construction would
be donated to the City. The City has received a letter (a copy
is enclosed for the Council) stating that Eagan Construction, Inc.,
Gresser, Inc., Berwald oofing Company and Wenzel-Hilite Corpora-
tion decided .to donate all their work on the construction of
the City of Eagan Municipal Center identification sign. The.
,total-., donation .form;.the sign .is ..$9,.591. __All..four of these companies
.have :performed ..a. -significant _.amount:.:of -.:work :.within -.-the ..City of
--Eagan__and'`both:.:l7ayrrr BYomquis.t: _:and ::the:._C.i-ty _ Aclmim;trat-= felt
.a .special ..recognition .for individuals -,representing.-each -�of these
companies would .be in .order on Wednesday evening. A copy of
the bill is.also enclosed for review-by_the..City•Council.
ACTION TO BE CONSIDERED ON THISITEM:- A formal motion to accept
the donation for the Municipal Center identification sign and
provide any praise and thanks to the three different contractors
to be officially recognized.
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 1, 1985
SUBJECT: AGENDA INFORMATION
After approval is given to the October 15, 1985, City Council
minutes, and October 7, 1985, special minutes of the joint meeting
between the Council and the APC, action is in order to .approve
the agenda for the November 6, 1985, City Council meeting_
JUCATION-PRUCLAMATIC
EXCELLENCE IN EDUCATION DAY PROCLAMATION -
ROSEMOUNT HIGH AND VALLEY MIDDLE SCHOOLS
On Wednesday, November 13, Rosemount High School and Valley Middle
School will each receive a plaque recognizing them for "Excellence
in Education_" A representative of the United States Department
of Education will present the awards_. :Students from Eagan attend
both these 'school -s- -The 'Mayor -h-as received ;a request. from .Dr.
Thomas F_ Wilson, Principal of Rosemount High School, for the
City of Eagan to proclaim Wednesday, November 13, as Excellence
in Education Day in Eagan, Minnesota_ For your information,
a copy of the proclamation .is enclosed on page ;L, Enclosed
in your packets without page number is a brochure about Rosemount
High School.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim Wednesday,
November 13, Excellence in Education Day in Eagan, Minnesota.
►J
�►nmC dty of i
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN, MINNESOTA 55121
PHONE: (612) 454-8100
CITY OF EAGAN
PROCLAMATION
A good education is imperative for all citizens
P . au ; wip—rium
n.
BEA BLOM9UIST
Mayor
THOMAS EGAN
JAMES A, SMITH
JERRY THOMAS
THEODORE WACHTER
Calci MerNlma
THOMAS HEDGES
City AMmr¢traa
EUGENE VAN OVERBEKE
City Cert
It is critical for our.. schools .to strive for academic excellence
with our youth
The City of Eagan and its officers support quality education
in our schools
Valley Middle School and Rosemount High School have been recognized
by.. the ., United . States .Department of Education _for Excellence
_.in Education
NOW THEREFORE
Be it resolved that Wednesday, November 13, is.-hereby_declar ed to be
EXCELLENCE IN EDUCATION DAY IN EAGAN, MINNESOTA
Mayor -City Clerk
Date
THE LONE OAK TREE, ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Two
Le�:rel I igrja I 9
BID AWARD/$9,500,000 G.O. IMPROVEMENT BOND
At the October 15, 1985, City Council meeting a bid letting was
set for -noon, November 6, 1985, to consider $9.,500,000 of G.O.
improvements bonds of 1985. The .City's fiscal consultant, Mr.
Ernie Clark, City Councilmember Smith, Director of Finance
-VanOveibeke and 'City Administrator Hedges made a presentation
,,before -.the .two .sating .agencies, Standard & Poors. and Moody's,
in -:an effort -to, - increase the a -City's• -bond _:rating....from _.an .A .to
.-6A+.-and 'Al,. -respectively. =:Our bond, .rating was increased -from .A to -A+
by-Standard--'&-Poors-but the -rating -remained an A with Moody's. .
Assuming favorable bids will be received on November 6 -and -after
an evaluation of the bids by the City's fiscal consultant, Director
of Finance and City Administrator, a recommendation will be made
to the.City.Council.
:.ACTION- TO BE. -:CONSIDERED _ON._THIS..'.ITEM: .._.To'...approve _or _deny a -favor-
-able .bid .for _the..sale of_.$9.,.500;-000... of ..General...Dbligation._Improve-
.men.t-:bonds..in._19B5 _
'CANVAS OF -MUNICIPAL ELECTION BALLOTS
According to Minnesota State election laws, each City Council
is required to canvas the municipal election ballots for the
previous election. The City Clerk, Mr. Gene VanOverbeke, will
be present with the proper election results for the purpose of
canvassing the ballots.
:' _W=N --TO 'BE - CONSIDERED ON THIS ITEM:
_=for..the 1985 Muni cipal_Election.
91
To canvas the .ballots
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Three
n WD>1DTMVK1M U it 11 OTIC TNCCC
A. FIRE DEPARTMENT
There are no items to be considered under Fire Department at -
-_this _time.
'__B_ " ..P.O= -DEPARTMENT
There are no items to be considered under Police. Department -at
this time.
C. PARKS & RECREATION DEPARTMENT
There are no items to be considered under Parks & Recreation
Department -at .this time.
- ___:D_.: _pDSLZC':.WDRKS )EPARTMENT
There 'are no items to be considered under Public Works ..Department
at this time.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Four
There are thirteen, (13) items on the agenda referred to as consent
items requiring one (1) motion -by the City Council.. " If the City
Council wishes to discuss any of the items in .further detail,
those items should be removed from the consent agenda and placed
under 'Additional Items unless -the discussion required is -brief.
_CONTRACTORS'LICENSE
'A:""""Contractors '••License --Enclosed on page 4) is --a -list-of`contrac-
tors who are renewing or who have been selected and _retained
as the builder by a customer either living in or planning --to
reside in Eagan. These contractors have references from other
municipalities or their client permit applications are awaiting
City Council approval -.for a contractor license.
-:ACTION . -TO HE CONSIDERED .ON.._.THIS ._ITEM: To _approve the contractor
.licenses. -as :presented_-
CONTRACTOR'S LICENSE
NOVEMBER 6, 1985
GENERAL CONTRACTOR:
1. AMERICAN ESTATE HOMES, INC.
2. BASIC BUILDERS, INC.
3. O. CARISON CONSTRUCTION
EVENSON
5. MARICR:BUILDERS, INC.
6. MICHAEL CONSTRUCPION, INC.
..7. NOLAN BROTHERS„ INC.
8..,.,,P -Dom N Col. S.
r':WA=. CON.SPMCTION
HOMEOWNERS:
1. 'MARK:&_LINDA POSTIER
HEATING & VENTILATING:
1. BLAINE HEATING, AIR CONDITIONING & ELECTRIC, INC.
2...:.MIDWESIERN. MECHANICAL
I UMING:
I- , MC DC MM .PLU43ING,. INC.
0
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Five
FEASIBILITY REPORT/PUBLIC HEARING/ASHBURY RD
B. Project 454, Receive Feasibility Report/Order Public Hearing
(Ashbury Road - Streets s Utilities) -- In response to a petition
received from the. affected property owners, .the City Council
authorized the preparation of a feasibility report for the installa-
tion of streets and -utilities -for 'the extension of Ashbury Road
.._from.. the._Blackhawk. Glen Addition _to .Blue Cross. Road. .-This report
_has _:now. been :.completed. and-. Is ..being .-.pr.esented_ to:. --the :Council
for_:their=review and --scheduling of a public hearing.
ACTION -'TO"-BE 'CONSIDERED ON THIS
ITEM: '-Receivethe---
feasibility
report for Project 454 (Ashbury
Road
- Streets' and
Utilities) -
and schedule the public hearing to
be held
on December 3,
1985.
-FEASIBILITY REPORT/PILOT KNOB ROAD
'C_ Project. 466, Authorize -Feasibility•:Report (Pilot Knob Road
--,-35E to +Cliff Road')- --. As a ••part• of the} Dakota County's Five -Year
Capital Improvement Program (CIP) they are proposing to upgrade
Pilot Knob Road to a four -lane urban design standard during
1987 from I -35E to Cliff Road. The County has already selected
a consultant and has initiated preliminary survey and design
-work. In order for _the. City to properly evaluate the impact
_......of _this. _proposed _improvement, --It _is_ necessary .to .prepare . a -feasi-
--:: biii.ty report -which -is - .now -being requested "by the .Director -of
—Public .Works.
ACTION .TO .BE .CONSIDERED ON.THIS _ITEM: To authorize the -preparation
of _a,_feasibility...report _for .Project.A66 :(Pilot_'.Snnb Road_ --..35E
"to_.Cliff_Road)_
7
Agenda Information
November 6, 1985,
Page Six
Memo
City Council Meeting
PETITION/FEASIBILITY REPORT/RAHN RIDGE
D. Project 465, Receive Petition/Order Feasibility Report (Rahn
Ridge Trunk Storm Sewer) -- We have received a petition from
the owners of the property proposed to be developed as the Rahn
Ridge Addition -requesting the preparation of a feasibility report
to discuss the installation of the trunk storm sewer outlet
for the City's 'Pond AP -29 located immediately east -of the Vienna
Woods :Addition. ..All .costs...associated with the preparation of
thisa-report -.have.--been. .guaranteed ,by the. petitioner._:should.:the
project :not .be'.approved at. _the _time .of the public hearing.
ACTION - TO BE'`CONSIDERED ON THIS -ITEM: "To receive -the-petition
and authorize the preparation of a feasibility report for Project
465 (Rahn Ridge trunk storm sewer outlet).
PLAT/CINNAMON RIDGE 5TH & 6TH ADDN.
'E. -Approve Final Plat,- Cinnamon :Ridge35th &- 6th •Additions (Zachman
Development Company) -- We have received an application for
final plat approval for the 5th and 6th Additions of the Cinnamon
Ridge development as identified on pagesand /d . All
final plat application materials as well as conditions placed
on the original preliminary plat approval of June 2, 1981, have-
-been _.complied with by. the .-applicant_ _and....found .-to. -be _in order-
fcr favorable Council action-
-ACTION -
ction.-ACTION- TO --BE "CONSIDERED_ ON `THIS ITEM: To -approve -the final
plat for .the Cinnamon Ridge 5th and 6th Additions as submitted
by Zachman Development Company .and authorize the .Mayor and City
_L:lerk.-.tn--e-xec ate ..all-. xelated..documents _
1
I11�)
EXHIBIT "A" PAGE 1 OF 2 PAGES':
CINNAMON RIDGE..5TH
Ir�A �InlgNrlI YYIA UIp" J'il plyjgllY•I 1"• YUw1A xYr1�111M 11{Y.M I•IYi LbnU •1 Y~Y 1'1••1• YIIaI
ll:,�.•I•. 1• •11:
YII.1 L Ualp nm! M bulla. Ilgpq n u• .Koro[ NN u1M1, •M U•1 I. 1 er Ylbl 6 WI
Y••IO IIW •n Yollla, IIIA 1••nU\VIII W IrU•rl/ •1 W 1•IIYIq bl<r1YI IIA •Y 111 WNYIIKII
rl4nllr:
I�MIA K u. .dlMl I srw; Ir Kv Wn•1 4 YM1 Y . Y\WL Wlnq .{ wu a YIM•
Y .IYUI 01 mnM• LI11�1.A N IYu•rb IIA II I'll YII.1 c [ I4uA• •1 111.11 IKI 1.U•
1 0l Yglmlq •I le• N N Yllrl•.•: Im• Idle 1 YIIIII 0\.Ilul.• OI I IONI W 1
11:1.11[. •I - to ..111 III I. ill 11 ...... 11 .IY111 a 111 MI W\1 • •qUM• •I 11.12 lyll
K Idle 11 Ilryl. O I.KMI WII • IIIUMI 111[.Y Inl 1• NI wYK.11111 IIA
11 IK. WIUI L IA IIIL•1..II I.AIYIIA.
W'•1K.n uM mrnMl"IYr4II YW 411111
El. ..at In momm W Y Mra1 MIaN U YI NIU. /x "Ill
4,.IIAu MKKI 111 Ia.. G il•r•A 4A•II\lY, 1 .IgUM
Y InllI.."M Y Y . bl [YY1,a.a. .I1. •1 It.
IAKI oIIIUI YII�YI J . U—
In .IIAI. ANKI .•11 LYM .LII.AI IW, . All•A1 MA11IA .IIMIIIIb, W IY.N 0.1. r111M11 1. Y IIIM .I 11•
InY. anlnn uq_Y ) .�.
4Ylol IW... Mal"., WIalaw
bI 1\.
v{aol 9•YW. YIIYY SUR
I1: '
Y aWYll
hall a
w rx.pq ImIr+I r• al..N..1 blp In YU _a
N 4aI• W.1•w.. YrHnHr, I Nr.Yu
ugKK r. r • Y . r.. •
4 ��:•u iarilT-- r +•
1tm to Y W ma
Maly
n. rK.HIA unlrl. A..A.Imad IIrH.. ul. _Y/ 11 . U_ q
G6"fKZ.ir1T3—i MIWa m m"iYzlaL... iRiLRielil r. N
x.q a, er. MN
ry [aw[N 1•TriT—
I emer u•KM1 111 I n[ u^[I'N [M lilwa u1 wr4 xxi1W x Un .ln K tnIYM xal [M lmltla, uK un
IxI1,IleNt111 <I r1 [ . wlKllr .11[N In11e[IIAPI 41~M[I INI nI• YIIIN WM[p TIMI' N MMrN111 or 1
Y[I.n[Ip en IM .1[IlY[ N[I UIN V[ b All[NI Y M[I It •Ilwpl Y M x11N11M •UI• NI[ II Nwn • [sTt
.Imn•u liu,Y Y. 1 W" H
11nt to bWYq
[.1I a IWO.. 1,
M1urrn�.lAinneli 4[Mw,�s IIWYI Ki"rINM Wn Y 111—tl1 N . 11_, b ..nb t.
bNr1 ryell[. M[MY WnII. ..1111.1111
b fe•IYIY Inlet MI 14 IW
Y Y MrYr I•r1111 IYI A 1 �__ YI e1 I1� IM IIII tYYll .1 IIY., IIIMUI..YrnM
ryrdn. N [YnNr iY, 1111 .) YINNY. IIII. NY NY Yl M INI.M1 411 FYI •1 N_
m
Innis A: f6[G; O[� Y.�•
ADDITION
! "u•r1 a•p Yr wa w Yw rw W wr N— hr w IM anlM n YY NY Y nWIP Y6l [q .[mala rA
M 1111 Y Yla _YI •I Ire
YNY 4p1I I��
r 611.4 Yw w •Y KrNK .r all FYI N , 11_
• .PdT•Tr"NIWI
Yt1I.1 IIIc•
1 [[r..to IMI YlI 1••III�II MI IIIH 4 w •IIIH II IM (Y[V rgr[Ir Hr wM H uV SNI N_
11
n. II _['[IYII H[•rH[ lI W. _ of N HN
I eft.�nll• j i.�
Yuu ww. urNu
A OEM= 7* Ck• Tr'\[:IrJ:l"iS77i,T„x:
i'lUl•!7” - Or= -:AAI' PLA'" U0. 1940
1 aiY iY a /i 'jiJ
• BLOCK
I
-
4TH 1
N —rmm
YyL 1l
N ----===F-
C, Y �J \r� i ii li
l
• 8
C, IY
L --2&1a_ J
J ■
—�'4�0;j' 00.00'N•f IIIJII
d. IT03 15
Y.lal.a• I I
V 1 V M IYi Ci i111
mloalf YORIM YWYII
11
N li i 7 1 U N
W a INA,
,11•,,
Il
II
-1
/1
I
a. I 1
Wup.x lql
- l
O
IRI1 IT [ 1.• IO
oxam
gllgn Y[ Yq OYp1 R
IIIL 11m, I. Yqn .
I.l.[. q[M
1
01-.19 Iq U.S. lam
npbw grans, m Ir
•
sOIO le InI.O[ IY�
I
ININNn Ya mHIY
uv11
a.ggl YYs.. Ya�all•1
"o1AWIY'
Igmnl,e Go a w til.
JAMES R.
EXHIBIT ''A"
PAGE 2 OF 2 PAGES
CINNAMON RIDGE ' 6TH ADDITION
�a
Jg
-
it�ai
:j
:1
I
y
14
PLA.
4-r..
IIpOp'N'f
„I.Of
_
_\ t
t '1 'ter si .
•
��n
F-foosrr. .
C Lq � 4yp�
+i
-J
-J
J
o-
C f !. ,".: :: T: \ � i\ .fir• T..+r�Ift
Al
' eunw w mun uvw.n
• —1— L-1.
e w"Its v1. 1 u• 1w
iV\/f.l ul m w.ue F
1.4.I, i. 111M IIIC "IN I. M. M0
.OgPli WI U.11. Vllll
� .w 4.W Yf i�, aw0 A� 1111 1. X101. VGI.GANIw
•ow.o o.u•,: w1� Pnn uwl. wn, w�wY
Lwnne w IN n.11. JAMES R. F
.YFCT 9 (IF
Il
2
Jg
-
it�ai
:j
:1
I
C f !. ,".: :: T: \ � i\ .fir• T..+r�Ift
Al
' eunw w mun uvw.n
• —1— L-1.
e w"Its v1. 1 u• 1w
iV\/f.l ul m w.ue F
1.4.I, i. 111M IIIC "IN I. M. M0
.OgPli WI U.11. Vllll
� .w 4.W Yf i�, aw0 A� 1111 1. X101. VGI.GANIw
•ow.o o.u•,: w1� Pnn uwl. wn, w�wY
Lwnne w IN n.11. JAMES R. F
.YFCT 9 (IF
Il
2
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Seven
FINAL PLAT/CINNAMON RIDGE 7TH ADDITION
F. Approve Final Plat, Cinnamon Ridge 7th Addition (Cinnamon
Ridge Limited .Partnership) -- We have received an application
for final .plat approval for the 7th Addition of .the Cinnamon
Ridge Development as shown onpage_21� . All conditions required
at the time of preliminary -plat approval on 5-15-84 -as well as
._f.inal...plat.._.application submittals .have. been_ received, reviewed
Eby _staff :.and°:found-.to_be _in:._order.:£or..favorable..Council.-actiDn_
' ACTION `70'`BE `CONSIDERED ON `THIS ITEM: To -approve '-the 'final
plat for the Cinnamon Ridge 7th Addition as submitted -by -the
Cinnamon Ridge Limited Partnership and authorize the Mayor and
City Clerk to execute all related documents.
CINNAMON RIDGE 7TH
0
ADDITION
SHEET 1 OF 2 SHEETS
V
' r'• 1
a .eLL�ar•p'
_ -"7
L-- �JJNTY STATE AiJ HISNwar NO. 32
-� '" '.'.l':r....`•!.`:': —L ':. �1: ::7::(3:iFOFi'IkTI:'•AI i!Si lLir WAY -FLAT. '?fj. 19-7
810MA
BUR
■URVEYINO
SERVICES
hoe •a r.vr wr....
I•o.L +--�. earn
nw urn •ea nr,
/--Z/
WAYNE D.
CORDES
—14675—
/--Z/
14675—
m O cp p
J[W Mf
• Oi.O r'1- • f lY O.Or M Y0 P
•LrY.OL •4�• rY1.
a••.LY � urur. ru••nL r ar.• rr•
�r
ftr Mnu v iM1 •w Ibex• rf Wrf01 R•r
p10•A[f, uyl9 9eh
fT Ll Yy LLr•• IL(r
•rf(••10 •WPi rl•fy Li0 Y L•i• P i( IL•r.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Eight
. FINAL PLAT/NORWEST 2ND ADDITION
G. Approve Final Plat, Norwest 2nd Addition (Norwest Properties,
Inc.) -- We have received an application for final .plat approval
,for the Norwest .2nd Addition as .identified on page All
conditions required of the preliminary plat approval o October
11 1985, have been complied with in addition to :all, -final plat
-.application..submittals ..which. have .been ..received, .reviewed and
a found'_to-:be in :order_ for .favorable_ Council ..action.
ACTION "TO - -BE ''CONSIDERED 'ON 'THIS -ITEM: To -approve: the-. final
plat for Norwest 2nd Addition as submitted by Norwest 'Properties, -
Inc., and authorize the Mayor and City Clerk to execute all
related documents.
13
EXHIBIT "A"
NO ES 2ND ADDITION
• DENOTES 1/2 INC UY I' INCH MONUMENT 89T MARRED hY REGISTRATION
N0. 9053, UNLESS O NEEAyISE SHOWN, uu ppTT[[pp pp 9 P
27 ERANGE 27NE5OA94U1 EDOTO NHAVETA B�ARINO pF NOR HH0 DEGREES 29
MINUTES 23 SaECONO EST.
-------DENOTES •KION? OF. ACCESS" DEDICATO TO DAKOTA COUNTY
,
. .........
• Cons -'Cons c.
E Ii e.^IGS<4r� 1;191R7•� ._...__ _ __.. ._ .'_ ._._. .... ,P
rr•r•iflr,:1,•f t!`,COVIa: 111 n 0.•,..,w •q wr r rwrr...r p1
at
'N .,,.t Cons �r'li • � � ...',. ;,
all S I F3 1 a 1.
1i,I( wE
dZ IIII al :t
IiC.`i.•,IrY
s.9tl
it
MpromThtimP•pllel_....______-
1p
tl
' n
+ 4N .`
t 1
,!1'' .+� 5 / •i
RI /
FOAN, "PY0Pg NOWAKI 111.
INd All MDI n 1M 14 fA[IINIII @II NaMel Prarrllel, IIle., a Minnesota tarpararon. Miner and rwhb
a the bhq d1¢tlpad property Inu11N In IM County x PIrdN INN a Minnesota of .1b
the evil IH. m IM of Mo soaN IIO 115111101 IM .,In PA ODlea or Ills Soule Had of Me SoulhlMll Ourb
a the IIIIIMall Quarter ot I%IMM 1% Township 11, 11rR171 0"1 Counh, MInrMlote.
Cul"aN $1.1 IN C. howl 51 1 ft $PC1TION.
NM e1u1.d Ino I" lots lurtwd IIx pIxNA P rpPlMlfl LAID ADDITION IM does har11y dents W dedkae ro IM
ppuuMk for Public uM brawl IM rotors W M1 x.ay, ON MIkA utility Ind 4dn%1 mmm" W dNNele be Codes,
CannlYlM rhhlx ra111R meth 011 IM1II 11x. Ill ollnnl whlex sold Nowell PropMlel, Inc.. aMlnnowll
rormrxbn, nal nulrll Mau re,d1lr toII1n+d he it, Poor xlNll W Ill pleased,ane b b Irrnenb all"
_.
400WIIT plOPtll]II, INC,
h—�- lamb rte rnHnl
.. - oma L hrlro
sun d MINN5011
LOI%tY Of MINI PIN the blwlnkN lnllrunmnl rll rinsWpM robs M MIS' -dp a,_._,
Illi _„ by lnnm111. Plrlm, %nbl to 1rellwnl H NeM1lsl Proly Th,, Inc.. 1 Minnesota rarmlatbn, M WA a
M.Inrl.elmn,
/
_
I11r�n-11-k_l6nn:agroii_01i.
',
MpromThtimP•pllel_....______-
II .Tr• w.�/.`
/
IMI,%10,16y than MM mlwyN lex FAIN IN roprh�rrrdeo an this pi a n NrlAWlst no ADDITION: MR this 49 N l sanest
od"I
+ 4N .`
rrpre.nlabn M IM 111rMy; that all dlxrHp In [drrRtl11 t n IM Nx Iso IRI Int huMrMIPI r none. MM al PRnumrnh nano
,!1'' .+� 5 / •i
RI /
bwro"Kil4 plard In In, groundxne
thn, Intl ane aullFM W dmmdry linel%Ii%I(t1h41gnlM+ an the plat; that 111014 all M.sl
urns hllMay, b 414nx"d
i A ,eve„
ar Tutu M eIf Thin of Thar,",
111-noldo Ro011ral" No. 16T
P.. j1
+
STAIj To MIWSOTA
\ /
CMAN ff NI Ma PIN Th. bur4alrifSnrwpr'I CINNk*41 rldoebag dlw#M MII__d%M___, 111 _, 1Y
N.rhnn A. Nklmll, lawn Sut"r, MInn.1E1T Irxlltratbn I%, 1@I
l.,�.. / .''•
IpplS YIin11, {ti1tt� liwR�iN.nniNuj fnin'h-, nne
�!\` / a.'
Mp mmmisslan rare) Alarri L
%. dihu.lry er"IlnMl an IN _. e•yR._ .-.; INS MI City CohMllp filo, Minnesota alVMed Ihll Mx
CITY COUNCIL Or 140/N, MINNIIOIA
by. ... .. Mayor pr_...- .. .._._Clan
Purtuml to ChlMlr 7U, IMI M Mlnnrul4 1111. W Mp Call CI"MTr CInl4"xnl Fla OvdlnrNt. 11,11 Mat hes Inn soroMd lhll
dry M...._ _.. ... lal..
-
h._.__...:.... dins . ... .. ...
. I+roam H. 1prMn, OMala CMmh LnMph SRraery, Dxma Wanh ru Comminbn
PNlulnlhMlnrytotlflxuwl CN111rrla Me
Mllraal NOl'rlSl IND admrgv
bal�ewd
county,minew a'equier"
sold Mvd lnh. __ dry M,___... _... .., I%_..
a_._.. . .. .._...'_ 1111,11,01 OV 'Enxrman.a in. E:unh Nam -Mali E:unry Alallir
In... lily MM m.lumsImMwpod It... ADDIManovodw.nwaM MN
N
O
'Tdinh TiIainiii, palma Eognh; Klnmsali--
No a.11nanenl Ian due W IrM1Lr onwr•y Thll_... -041
aped
plrollCeunhlAlror
Callmrnl NNlnbar
I hai.Dlnrllld Cul this Instrument .0 Iliad In the alkt q the T./Nnly hasp, M paddled MII-.—Iqx
101 M-MAwllduly lRamw lM1 l,a1 ..... .M—..' ..M
�n`y IRa&E p161: GNn-Ij,' DGne�oi :
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Nine
CONTRACT 85-15/CHANGE ORDER #
OAK CIRCLE
H. Contract 85-15, Approve Change Order #1, (Royal Oak Circle -
Streets and Utilities) The City has received a request from the
developer (Asp Construction Inc.) to temporarily suspend the
installation of utilities to service the Royal Oak Circle develop-
ment. This request is based on the status of FHA funding which
could be jeopardized if any on-site utility work was commenced prior
to final formal approval by FHA which is anticipated within the next
two -three months.
Subsequently, there are increased costs which are anticipated to be
incurred due to the delay of the construction activity until the
1986 season (remobilization, increased material and labor costs,
etc.). Due to the fact that the developer has agreed to accept the
increased cost associated with this delay, the City has prepared a
change order identifying the estimated increased costs ($14,735) and
extending contractual completion date accordingly.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 41
for Contract 83-1-5 (Royal Oak Circle --'Streets and Utilities) -and
authorize the Mayor and City Clerk to execute all related documents.
CONTRACT 85-15/CHANGE ORDER #2/ROYAL OAK CIRCLE
I. Contract 85-15, Approve Change Order #2, (Royal Oak Circle -
Streets and Utilities) With the recent development of the Wescott
Hills revised 2nd Addition, it was anticipated to have certain lots
obtain water service from the existing water main located within
Mike Collins Drive south of Yankee Doodle Road. However, it has
been determined that this existing vat retain has insufficient cover
to protect it from freezing. The City has experienced several
watermain breaks on this segment in the past due to this
insufficient cover and freezing situation and has- determined that
.:the existing wate mai n is no- longer f-unctirmal- ..Therefore, this
watermain will have to be reconstructed, to the - proper elevation
prior to the connection of water services. Due to the fact that the
installation of other utilities within the Wescott Hills revised 2nd
and 3rd Addition is being performed under a private contract instead
of a -City contract, it is necessary for this City obligation work to
-be:-perform d-as-a-•change-order-tD another City, contract.
�[L'1'IDA'3'� 8E LONSIDEI� ' ON THIS -ITEM: '--To approve "Change-6rder -42 -to
Contract 85-15 (Royal Oak Circle/Wescott Hills revised 2nd Addition)
and authorize the Mayor and City Clerk to execute all related
documents.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Ten
CONTRACT 82-C & 84-E, FINAL ACCEPTANCE/KNOB HILL
J. Contract 82-C & 84-E, Final Acceptance (Knob Hill and Knob Hill
Professional Park - Streets and Utilities) The Public Works
Department has completed all final inspections associated with the
installation of streets and utilities to the above referenced
subdivisions. They were installed privately by the developer and
have been completed in conformance with City approved plans and
specifications and are now acceptable for perpetual City main-
tenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the streets _and
utilities .installed privately under Contract 82-C (Knob Hill)..and
84-E (Knob Hill Professional Park) for perpetual -City maintenance.
PROJECT 443/o'NEIL PONDS
R. Project 443, Receive Report/Order Public Hearing (O'Neil
Ponds-- Storm .Sewer Outlet) _As .a requirement.f.or the development
of the Town Centre 70 and 100 subdivisions, it was necessary
to initiate a project to acquire ponding easements on the O'Neil
property and to provide for their trunk storm sewer outlet.
The acquisition of the easements has already been initiated through
the condemnation proceedings, and the feasibility report for the
construction of the lift station and forced main outlet has now
been completed and is being presented to the Council for their
review and consideration of scheduling a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
:.report for Project 443 (O'Neil Ponds.-.. Trunk storm sewer outlet)
and order the public hearing to be held December 3, 1985.
PROJECT 450/WILLIAMS g LARUE ADDITION
L. Project 450, Receive Report/Order Public Hearing (Williams
& LaRue Addition - Utilities) In response to a petition from
the affected property owners, the Council authorized the prep-
aration of a feasibility report to discuss the installation of
.7-mti1-ities -to -.3ervice the Williams and . LaRue 1st .and proposed
2nd Aaa;+Jm+s_ This .repnr-t bas .now .been completed .and is ,being
..._.--s=7S -orl _f'D�'33•i£.i}mnrilfar :1iLnir:SmrII3A..w. A� :nmaivdaxatipn Trf _TvChQi�'
uling a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
report for Project 450 (Williams and LaRue Additions - Utilities)
and order the public hearing to be held December 3, 1985.
16
Agenda Information
November 6, 1985,
Page Eleven
Memo
City Council Meeting
CINNAMON RIDGE PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENT
M. Approve Cinnamon Ridge Planned Unit Development Agreement
Amendment ,(Cinnamon Ridge 7th Addition) With the processing of the
proposed final plat .for the Cinnamon Ridge 7th Addition, it was
necessary to revise the original Planned Unit -Development (PUD)
Agreement•to.-accommodate..the,proposed.densities in -the -7th Addition.
".�.Thi•s ' PUDt.Amendment, :has been. prepared., . executed-., by -:.the _.apnropr.iate
parties.. and -.found .to be .in --order. for -.-favorable . Council._action.
However, it should -be noted that -if',' for some -:reason, the=final-pl-at
of the 7th Addition is not recorded, this amendment..wil-1 become -null
and void.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Cinnamon Ridge
-Planned.•%Unit .Development. Agreement... Amendment. -to. accommodate _the
.Cinnamon Ridge -7th Addition proposed final plat.
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Twelve
IR FINANCING/GREENSBROUGH I
A. IR Financing/Greensbrough I Project --An application was received
from Larry Lee and Mike Gresser for consideration of Industrial
Revenue Financing for two (2) office/warehouse buildings referred
to as Greensbrough I and II. Both projects are located on Becker
Road East of Highway 49. Normally, the City's policy for con-
sidering_ :Industrial Revenue Financing applications is: 1) that
all land use planning and zoning be in proper order by both the
Advisory Planning Commission and City Council and. 2) that a
public hearing be ordered prior to any consideration of an induce-
ment resolution. At the October 15, 1985, City Council meeting,
applications were presented for industrial development revenue
bonds in the amount of $600,000 for each Greensbrough I and Greens-
brough II projects. Because of federal restrictions on the issuance
of industrial revenue bond financing and the State's entitlement
program, it is required that all .entitlement -users (those muni-
cipalities .who .are designated entitlement cities) .is sue. inducement
resolutions prior to October 31 of each calendar year. Since
the applicant did pledge the 1% in August for reserving $1.2
million and due to the fact that October 31 was prior to the
time in which a public hearing could be held at a regularly
scheduled 'City Council meeting for purposes of considering the
inducement resolution, action was taken at the last City Council
meeting that reads as follows: Smith moved, Egan seconded, the
motion to receive the application and schedule the public hearing
on the application for November 6, 1985, at 7:00 p.m. at the
Eagan Municipal Center and to officially act on the preliminary
_..resnlution..as -requested; further, however, that -the City Council
will not proceed with the public hearing unless a legal opinion
from approved bond counsel be received by the City indicating
the bonds will not be taxable under the Internal Revenue Code.'
Under the circumstances, the City Council felt an exception was
tesdma+le im order to proceed with- both the Greensbrough S and
II projects. A final resolution to consider the industrial revenue
financing would not be further considered until all platting
requirements have been properly satisfied by the developers.
For additional information on the a plication, refer to the attach-
*�*++� found._on _pages /G% through OF.
development revenue bonds for Greensbrough I in the amount of
$600,000 subject to: 1) satisfactory completion and adoption
of platting and 2) a legal opinion from bond counsel that these
bonds and all other City bonds will not be subject to taxation
under the Internal Revenue Code.
1f)dtvoFag9gn
3830 PILOT KNOB ROAD. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
October 2, 1985
TRUDY HALLA
BRIGGS & MORGAN
2200 1ST NATL BANK BLDG
ST PAUL -MN 55101
Re: City of
Dear Ms. Halla:
/Commercial
I & II Proi
ects
t Revenue Bonds for
BEA BLOMQUIST
Mww
THOMAS EGAN
JAMES A. SMITH
JERRY THOMAS
THEODORE WACHTER
Cour Mammos
THOMAS HEDGES
Ory Atlnm Glw
.EUGENE VAN OVERBEKE
ON Ci m
The City of Eagan has received your preliminary documents regarding
a .commercial development proj.ect from .Larry. Lee of Yorktown
Ltd., :Inc_ :The..Ci.ty of 'Eagan' .has- -a_-policy that all preliminary
-platting, zoning' and other land use applications , must .be. -processed
through the Planning Commission and City Council before commercial
development revenue bonds are given a public hearing and further
consideration- I have not seen .Mr. .Lee's _project and, therefore,
am not aware .of .whether Planning Commission and City Council
action is required. This should be coordinated with Mr. Dale
Runkle or Mr. Jim Sturm of the City Planner's office.
The City of Eagan has $1,200,000 for Mr. Lee in anticipation
of this project. However, to date the City has not received
the $500 application fee or commercial development revenue bond
-application: ' Thi -s -is -also, -a requirement before a public, hearing
or any other resolutions ran be given consideration on the project_
Please coordinate the -application and -fll:ing-fee with our Director
of Finance/City Clerk, Mr. Gene VanOverbeke.
If : you .have -.any - questions - regarding -the project., please feel
free to contact those persons -mentioned 'in the _letter or this
office at any time.
Sincerely,
C Q
'ftTioma= i... -Hedges
City Administrator
TLH/kf
cc: Cale Runkle, City Planner
Gene VanOverbeke, Director of Finance
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
October 18, 1985
MR' LARRY LEE
MR MICHAEL GRESSER
GREENSBROUGH ASSOCIATES
1690 UNIVERSITY AVENUE
#180
ST PAUL MN 55104
BEA BLOMQUIST
Maya
THOMAS EGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Cw Mem
THOMAS HEDGES
ON Aam,at,etu
EUGENE VAN OVERBEKE
ON Clerk
Re: Industrial Revenue Financing for the Greensbrough Associates I
Projects Consisting of Yorkton I and.Yorkton II
.Dear Mr -Lee and Mr. Gresser:
In official action that was taken by the Eagan City Council at a
regular meeting held on Tuesday, October 15, 1985, industrial
-revenue financing in the amount of $600,000 was approved for the
Yorkton I project and .the same amount was approved for the Yorkton
II project. Both projects are categorized as office warehouse
buildings.
Since state regulations require that an inducement resolution be
passed prior to October 31, 1985, the City Council has approved
the preliminary resolution with.the following understandings:
1) A.public-hearing will be scheduled at the November 6, 1985,
.-meeting.
2). A legal opinion by a bond counsel selected from the City
Attorney's .office will determine whether. passage of an
inducement :_resolution _is 1ega1 -prior to .-a public hearing.
and will not expose the City by causing certain tax exempt.
bonds to become taxable.
3) All action pertaining to the inducement resolution and
-public-hearing will be subject to,approval of,the preliminary
__plat..fox. the.,. areQnsbrough.,prpj eci nnnsisting of ..two .buildings
referenced .as 'Yorkton "1 --and Yorkton'Z1.
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Mr. Larry Lee and Mr. Michael Gres�Ber
October 18, 1985
Page 2
4) The City assumes no liability for the 1% deposit at the
state. Any charge against the deposit will be the responsi-
bility of the applicant.
5) The preliminary resolution which needs to be delivered
to the state is at the City. Please make arrangements
to have it filed with the appropriate state officials
before October 31, 1985.
It isyouur responsibility to coordinate all the necessary documenta-
tion with the necessary state agencies and prepare all resolutions
for consideration of the final resolution for tax exempt financing.
If you have any questions regarding any of the steps involved with
this process, please feel free to contact our Director of
Finance/City Clerk, Mr. Gene VanOverbeke.
On behalf of the City of Eagan, we are looking forward to your
proposed development and good luck on your project.
Sincerely,
ac �✓f / 7 d{{{
Thomas L.•Hedg s /I
City Administrator `J
TLH/jj
cc: Gene VanOverbeke, Director of Finance/City Clerk
Dale Runkle, Director of Planning
_Paul.Hauge,-City Attorney
a/
CITY OF EAGAN, MINNESOTA
3830 Pilot Knob Road
Eagan, MN 55122
APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW
BUSINESS NAME: GREENSBROUGH ASSOCIATES - 1 MINIMUM SIZE:$500,000
LOCATION.:1690 University Ave. #180, 55104
LAND:
$
67.500
BUSINESS FORM: General Partnership
BUILDING:
$
635,000
REPRESENTATIVE:M.C. Gresser ETAL
EQUIPMENT:'$
42,500
PHONE: 484-9000
OTHER:
$
82,000
NATURE OF BUSINESS: Property Management
TOTAL:
$
827,000
Interest During Construction
Date: 10/11/85
DETAILED COST BREAKDOWN:
Land.Acquisition and Site Development
(Wi1l.not_be.financed by..IDB):
$
75,500
Construction Contracts
533,000
Equipment Acquisition 6 Installation
42,500
Architectural & Engineering Fees
25,000
Legal Fees
17.000
Interest During Construction
53,000
Initial Bond Reserve
14,000
Contingencies
17,000
Bond Discount
45,000
Other
5,000
Total with Land
$
827,000
Total without Land
$-759,500
HISTORY OF APPLICANT
1. Have you ever been in bankruptcy? no
2. Have you ever defaulted on any bond or mortgage commitment?
-32
3. Have you applied for conventional financing? yes
4. What are your future plans? to develop entire 46 acres
5. List f=inancial references:
a.. Signal Hills 'Bank - W. St. Paul, MN
h., Minnesota Bank of Eagan
6. '...When--will.the construction period begin? Start:"now
Finish: 6 months
7. Other comments:
a3
r
INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT
1. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION) north of
intersection of Hwy 149 & Delaware Trail - see attached for
legal description
2. NEW FACILITY OR EXPANSION? new
3. INDUSTRIAL/CDhiMERCIAL/RETAIL? Commercial Building
Office/warehouse
4. ESTIMATE NUMBER OF NEW JOBS 26 ESTIMATED PAYROLL
$468,000 annual
5. IS THIS .SITE- PROP.ERTY.ZONED.&.,ARE UTILITIES AVAILABLE? yes
6. ESTIMATE OF ANNUAL SALES unknown
7. POTENTIAL OTHER USES OF FACILITY manufacturing
8. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS
PROJECT? no
9. .EXPLAIN HOW THIS FACILITY WILL NOT COMPETE WITH OTHER LOCAL
COMPANIES unknown
10. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A
LIMITED PARTNERSHIP? Industrial Revenue Mortgage
Date: October 11, 1985
Signed
(Title),: Partner
W
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Thirteen
INDUSTRIAL REVENUE FINANCING/GREENSBROUGH II
B. Public Hearing for Industrial Development Bonds for Greensbrough
II in .the Amount of .$600,000 -- Please refer to the :previous
item for information pertaining to the Greensbrough II project.
-ACTION "TO BE 'CONSIDERED ON THIS ITEM- 'To approve or deny the
_Greensbrough .II project with ...the. same .conditions as .set _forth
:,:in_Item .A.-.und=.--.Fublic_Hearings .
a6
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Fourteen
PRELIMINARY PLAT/WINDTREE 6TH ADDITION --
A_ Preliminary Plat, Windtree 6th Addition, .Consisting of 15
Single -Family Lots on 6.8 Acres -- A public hearing was held
at the September 24, 1985, Advisory Planning Commission meeting
-.-.to -consider .an....application .submitted. .by Richardson Properties
_Inc_., ,-for.. a_preliminary._plat .'approval _for=-the--SVindtree.- 6.th :Addition.
"`.The,.-. plat . consists .of _15 _single-family -lots on -6.8.:-acres. _north
`"of"Wescott"Road"-and -east-of `-Elrene --Road. The APC is -recommending
approval of this agenda item. ' The item was continued -"from the
October 15 meeting due to lack of appearance by the developer.
For additional information on this item, refer to the _Planning
and Engineering Department reports, copies are enclosed on pages
2 7 .-through ]j' -.For -a copy of the -,action that was- ,taken
by the APC, :refer to page(s) 3:3-1 For action that was taken
--by i the. Advisor Parks- &. Recreation -Commission,. refer to- a memo
_;found. -on _page_::E_
Special Note: In the preparation of -the staff report for -considera-
tion by the Advisory Planning Commission (APC), the Public Works
'=Department -'discovered -there are -- two` important -conditions that
'should ".be included for consideration of preliminary plat approval
for this subdivision as follows:
8. The developer shall plan and install a future overflow
for the small drainage depression east of the proposed
Vuecrest Circle.
9. A,'- :temporary --cul-de-.sac turnaround `-shall - be --constructed
':.•to::.City-standards-=at:_the end -df -*Wedgewood Drive-
':, -ACTION TO
rive_
:,-ACTION-TO BE,CONSIDEREDvON'THIS -ITEM_ To approve :or deny the
:-preliminary plat ::with -tile :--above. -2-conr3ittinn- _for Xjmdtree =6th
..-=Addition_-as..presented_by_Rirhardson_Properties,-Inc.
M
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT - WINDTREE 6TH ADDITION
APPLICANT: RICHARDSON PROPERTIES, INC.
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT
SA OF SECTION 13
R-1 (SINGLE FAMILY)
SEPTEMBER 24, 1985
SEPTEMBER 16, 1985
REPORTED BY: PLANNING & ENGINEERING DEPTS
APPLICATION SUBMITTED: . An application has been submitted for
Preliminary Plat approval for the Windtree 6th Addition. The
plat consists of 15 single family lots on 6.8 acres, north of
Wescott Rd &.east of Elrene Rd.
ZONING &`LAND USE: The Windtree Addition is zoned R-1 (residential
single familyr,...distr.ic.t) ,and. contains.:121..simg1e.'fzmily..lots. with
a project density of 2.1 units per acre. The 6th Addition is
east and south of the previously platted 5th Addition. Vuecrest
Lane will separate these additions.
All of the lots meet the 85' lot width 'requirement and are between
12,240 sq. ft. & 23,800 sq. ft., averaging approx. 16,000 sq.
ft. This plat differs from the overall layout with the addition
of Vuecrest Circle. However, the outside dimensions of the plat
appears consistent with the overall preliminary site planning
previously.submitted.
COMMENTS: The topography is rolling and there .are some steep
slopes. -Due-to these steep slopes, the Staff.previously recommended
that garage elevations at the setback line should not be greater
than 5% above the curb. This site has a variety of mature trees;
maples, aspens, .ash and oaks. The applicant expressed his desire
to save as -many as possible..
GRADING/DRAINAGE: The proposed grading plan submitted by the
applicant does not conform to City Code for street grades at
intersections. The Code requires the maximum street grade, at
.sn -inter-section for: a .distance. of 1001, Abe .28. The only place
.this grading plan meets this criteria is for Vuecrest La, at
i—Tsertzmr.::df-: 33a'.eic Atiti"72=...>:::•:3 aim':: a nit., mai_-.tbe..-zde-
veloper revise his grading plan accordingly to meet City Code.
A variance from this Code may be necessary for the segment of
street between Elrene Rd and Vuecrest La. Here the distance
is too short and the elevation too great to achieve the desired
2% slopes. The existing 68 slope is too great and Staff recommends
the developer look at this again.
I
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 2
Because the topography in this area consists of many hills and
depressions, drainage in this area is not good. With the minimum
grading the developer is requesting, existing drainage patterns
will not vary. However, the main difference between this develop-
ment and the previously approved Preliminary .Plat for the Windtree
2nd Addition consists of the additional cul-de-sac, Vuecrest
Circle. Because of the construction of Vuecrest Cr, the applicant
is proposing to discharge storm water into a small depression
characterized by an 890 elevation and covering the back portions
of lot 3 - 5. The previous development plans had no storm sewer
being .discharged into any of the areas depressions, especially
where no storm sewer outlets are proposed. A preliminary review
by Staff indicates that a 100 year frequency rainfall would fill
this basin up to approx. an 898 elevation. The lowest basement
in this area is at a 903 elevation. Staff recommends the developer
plan and provide for a future overflow for this basin with the
future development to the east.
UTILITIES: Sanitary sewer and watermain of sufficient size,
capacity and depth exist within the proximity of this development
-to'provi�de- service to -it. This will require .extension of existing
.sanitary .sewer and -watermain within :the. Windtree .4th -Add. southerly
along Ridgewood -Dr. Staff recommends watermain be looped -from
the Windtree- 4th Add through Windcrest La and connect to the
trunk watermain within Elrene Rd.
Because this development -proposes to.i.nstal.l.:all.public-improvements
under public contract, Staff recomments the Final Plat not be
approved until Council authorizes the public improvement project
for this development.
STREETS: Ridgewood Dr is an existing City street constructed
under :the Windtree 4th -Add. . It .abuts the -northerly boundary
of -this development. Elrene Rd is an existing City collector
street .and -abuts --the westerly portion of this development. .Both
are constructed to ultimate design criteria.
All new streeets .and .cul-de-sac_shall .be -built •to City. standards
-for.. residential streets: a..Stafrf.recommends:._f.he. canstr.uction of '
temporary turn-arounds, at -the end of Ridgewood Dr and Vuecrest
La. Staff recognizes these are temporary deadend streets, however,
the temporary turn-arounds are necessary to facilitate snow removal
and other winter maintenance.
RIGHT-OF-WAY/EASEMENTS: The dedication of right-of-way for Vuecrest
La:_and:,Ridgewoad.:Ilr� :° except-. fDx .:the southerly ]D :.,.-. 3s_-occurin.g
with- `-the" Windtr"ee - 5th -'Add, 'development: ' It 4w ll -be-'YespoTrsible
for dedicating a 60' right-of-way for the southerly 70' of Richwood
Dr and for Vuecrest Cr.
If construction of public improvements occurs after Council approves
the Preliminary Plat but before Final Plat approval, the applicant
will be responsible for giving the City street & utility easements
over the portions of Ridgewood Dr & Vuecrest Cr which are to
(.
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 3
to be dedicated with this development. Staff recommends a 10'
drainage and utility easement be dedicated along the southerly
lot lines of lots 1 & 2. This developer will also have to dedicate
a 10' easement across Outlot A adjacent lots 1 & 2 of block 1
for drainage and utility purposes. The dedication of all other
easements shall be as per City Code.
ASSESSMENTS: In researching the City's assessment records, we
find that this development is still responsible for trunk area
storm sewer assessments and lateral benefit from trunk watermain
along Wescott Rd. The following table.summarizes..these assessments:
Assessment Summary Table
Description 1985 Rate Est. Qty. Quantity
Trunk Area Storm Sewer $0.048/S.F. 243,065 S.F. $11,667
Block 1 & 2
Lateral Benefit from $11.88/F.F. 1,507 F.F.(1) $17,903
Trunk Watermain
TOTAL $29,570
(1) Includes 150' corner lot credit at Elrene Rd.
Although the proposed developable area of this development does
'not abut Wescott Rd, the developer may wish to spread the lateral
benefit from trunk watermain assessments over all the lots within
the Windtree Additions so that the lots in subsequent additions
have to bear a larger share of the assessments. The determination
of the final assessments amounts will be based upon the assessment
rates in effect at the time of final platting. All future costs
-for .any installation of public improvements for .this proposed
development shall be the sole responsiblity of this development.
CONDITIONS:
1. All standard plat conditions shall be adhered to.
2. Council -shall authorize installation of public improvements within
this development prior to final plat approval.
3. This development shall dedicate a 20' utility & drainage ease-
ment centered over -the -southerly lot -lines of -lots l.& 2 -and
any .necessary construction easements.
4.' This development shall give the City the necessary easements
over Vuecrest Cr & Ridgewood Dr if public utility construction
preceeds final plat approval.
r1 5. This area shall be responsible for trunk area storm sewer
assessments and its pro rata share of lateral benefit from trunk
watermain along Wescott Rd. The assessments shall be at the
rate in effect at the time of final platting.
�9
WINDTREE 6TH ADDITION
SEPTEMBER 24, 1985
PAGE 4
6. This development shall be responsible for all costs associated
with public improvements for this development.
7. The developer shall submit a revised grading plan for Staff
approval incorporating the 2% maximum graded intersections
wherever feasible.
3AOY9
6j
1'
>I
JI
JI1
I
Ja
;I
a=
1
.
W
�1
�1
=I
aly
.I
.;
PRELIMINARY PLAT
WINDTREE 6TH ADDITION
ip
(RESIDENTIA�R11\'\,I�;
-_ per, 1 1
1'�;\� -:� ire 1' % �•a '�p�.-:�C/�1
7:Z-�g
J
f T
APC Minutes
September 24, 1985
Cy+ Representatives of the applicant were present and discussed the proposal
with the Planning Commission. Mr. and Mrs. Dick LeMay, neighboring owners,
were present and had questions concerning compliance with the City and .State
codes. There were no municipal sanitary sewer or water facilities to the
property, and member Harrison was concerned about the lack of municipal
services. Member Wold expressed concerns about the adequacy of the parking
area, particularly in the winter. Bohne moved, McCrea seconded the motion to
recommend approval of the application, subject to compliance with all State
and City Code requirements. Those in favor were Hall, Wold, McCrea, Bohne and
Trygg; those against were Wilkins and Harrison, citing the lack of municipal
utilities and potential inadequacy of parking which may create traffic
problems, were objections.
WINDTREE 6TH ADDITION – PRELIMINARY PLAT
The hearing regarding the application of Richardson Properties, Inc. for
preliminary plat approval of Winatree 6th Addition including,15 single family
lots on 6.8 acres north of Wescott Road and east of Elrene Road was presented
to the Planning Commission. City Planner Dale Runkle explained the proposed
changes from the original layout for the single family zoned area, noting that
all lots meet the 85 foot lot width requirement with an .average of
approximately 16,000 square feet for .each .lot_. .The .plat..diffars from the
overall layout with the addition of Vuecrest Circle.
f It was noted that the staff previously recommended the garage elevations
` and setback lines should not be greater than 5% above curb, and certain
changes have now been proposed. Jack Baron, representing the developers,
indicated that more trees will be preserved with the current plan prepared by
Ron Kruger, who was also present. Judith Bright of Richardson Properties, was
in the audience. Mr. Kruger mentioned that the proposed design provides for 5
to 6 foot grades with streets at higher elevations avoiding wasting the front
yards where possible. There will be a tree survey provided and about 5 lots
will.be gained in the balance of the project. The average lot size, however,
will -not be changed significantly. Rich Hefti, of the City's engineering
staff, noted the grades will be set to comply with City .requirements.
Harrison moved, McCrea seconded the motion to -recommend approval of the
application, subject to the following conditions:
1. - All st—mord plat. conditions sba11 be adhered to.
2. Council shall authorize installation of public improvements within
this development prior to final plat approval.
3. This development shall dedicate a .20 foot utility and drainage
easement centered over the southerly lot lines of lots 1 and 2 and any
..'�e�ggt9.•rnn��'�•meenme..r n� _
4. Necessary easements over Vuecrest Cr. and Ridgewood Dr. shall be
dedicated if public utility construction precedes final plat approval.
APC Minutes
September 24, 1985
5. This area shall be responsible for trunk area storm sewer assessments C
and its pro rata share of Lateral benefit from trunk watermain along Wescott
Road. The assessments shall be at the rate in effect at the time of final
platting.
6. This development shall be responsible for all costs associated with
public improvements for this development.
7. The developer shall submit a revised grading plan for staff approval
incorporating the 2% maximum graded intersections wherever feasible.
All.members voted in favor.
NORWEST 2ND ADDITION — PRELIMINARY PLAT
The hearing regarding the application of Norwest Properties for
preliminary plat approval of Norwest 2nd Addition was convened by the chair.
The plat would consist of approximately 3.8 acres with two commercial lots
located north of the existing Norwest Bank facility. Norwest Properties
submitted an application at the August 1985 Planning Commission meeting to
develop the parcel, including a Hardee's restaurant, which it is understood
-has now withdrawn its option on -the property. .The proposal now would include
the Parkview -Family Care Clinic on the former Hardee's-parcel, Lot 1, which
would be a permitted use within the Limited Business zoned district.
Dale.Runkle reviewed the changes in the proposal and mentioned that the
development, of Lot '2 was subject. to .discussion, but the proposal at the
present was to approve Lot 1 only.
Lee Tollefson, the architect for Parkview Medical Clinic was present, as
was Milo Pinkerton of Norwest Properties. Mr. Tollefson indicated that an
attempt is being made to commence construction in November 1985, and open in
the spring of 1986. All setbacks will be complied with, -as well as parking to
include 45 parking stalls.
Members Harrison and McCrea were concerned about the potential congestion
on the site and also traffic problems. Member Bohne_moved to recommend
approval of the application, Wilkins ,seconded the motion,. subject .to the
following conditions: '.
1. All of the standard plat conditions shall be applicable to this
development.
2._ The building shall be constructed of brick add all four sides shall be
treated with the same architectural design and architectural design will be
"�m ei-&tent 1J]:Lh-Narwest Bank.
3. A detailed landscape plan shall be submitted and berms shall be
included, screening the parking areas from public roadways. A landscape bond
shall be required and not released until one year after the landscaping has
been completed.',
1.1
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: OCTOBER 11, 1985
RE: WINDTREE 6TH
-The .Ad.visor.y_Parks .& Recreation Commission reviewed the .preliminary .plat
entitled "Windtree 6th" which is part of the Windtree P.U.D. that has
.::.completed its -.parks -:dedication. requirements.
KV/js
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Fifteen
FINAL RESOLUTION/KNOB HILL PROFESSIONAL PARK
B. Final Resolution for Knob Hill Professional Park (KHPP Partner-
ship), Industrial Development Revenue .Bonds in the .Amount of
1$400,0'00 --The firm of Holmes and Graven, .Attorneys, has requested
that the City Council give final approval to $400,.000 in industrial
revenue bonds for,the Knob Hill Professional Park_ The preliminary
_resolution was .passed- at_the.August 20„ 1985, .City Council meeting.
-.'.All -.documents -..have -_been _submitted ..'to% the -:City and. ---the _'City
Attorney's ._Dffi ce _
ACTION TO BE CONSIDERED ON THIS ITEM: To approve -or -deny--the
final resolution for industrial development bonds in the amount
of $400,000 for Knob Hill Professional Park (KHPP Partnership,
Richard Nordlund/Ed Dunn).
3�
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Sixteen
FINAL RESOLUTION/CINNAMON RIDGE 7TH
C_ Final Resolution for Cinnamon Ridge 7th, Cinnamon Ridge Limited
Partnership (Can American), Multifamily Housing Revenue bonds
in the Amount of $11.35 Million --The City's Housing Program Admin-
istrator, Miller & Schroeder Financial, Inc., has requested that
the City Council give consideration to the multifamily housing
revenue bonds in the amount of $11.35 million for the Cinnamon
Ridge 7th Project. A related issue, approval of the interest
rate reduction loan agreement, will be addressed by the Eagan
HRA later on this meeting agenda. The City Administrator has
enclosed is a copy of a letter from Miller & Schroeder Financial,
Inc., that provides background information on both multifamily
housing revenue bonds and tax inc ement assistance to the project.
This can be found on pages 3� through_ Also enclosed
on pages /-� is a copy of a letter from the Can American Realty
Corporation addressing both the bond resolution and tax increment.
For additional information regarding the multifamily housing
bond program, since those bonds were approved _in preliminary
resolution fnrm approximately one year ago., a copy -.nf the _original
application dated June 29, 1984, is again enclosed on page(s)
-f'��11 for your review.
ACTION TO BE CONSIDERED ON TRIS ITEM: To approve or deny the
final resolution for multifamily housing revenue bonds in the
amount of $11.35 million for the Cinnamon Ridge 7th (Can American)
project.
37
ADMINISTRATIVE AGENDA
EAGAN CITY COUNCIL
REGULAR MEETING
NOVEMBER 6, 1985
CITY ATTORNEY
CITY ADMINISTRATOR
1. Approval of Deloitte Haskins & Sells as Auditors for 1985
Audit Report
2. Public Hearing for Federal Revenue Sharing Funds Budget
3. Clarification of Electrical Permit Fees
DIRECTOR OF PUBLIC WORKS
1. MnDOT Speed Limit Study
2. Project 455, Deerwood Drive Street Improvement (Deerwood
Elementary School)
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 4, 1985
SUBJECT: ADMINISTRATIVE AGENDA
The following items are to be considered as the Administrative
Agenda:
CITY ATTORNEY
There are no items to be considered under City Attorney at this
time.
CITY ADMINISTRATOR
1. Approval of Deloitte Haskins & Sells as Auditors for 1985
Audit Report --The Director of Finance is recommending that the
City retain Deloitte Haskins and Sells as auditors for the City
of Eagan to perform an audit for year ending December 31, 1985.
Attached and referenced as pages /a/ through 6ZL is a copy
of their proposal. The cost for the City's previous audits are
as follows:
YEAR ENDING
December 31, 1983
December 31, 1984
December 31, 1985
AMOUNT
$19,500.00
20,750.00
22,550.00 (proposed)
Both the Director of Finance and City Administrator are pleased
with the services previously provided by Deloitte Haskins and
Sells and would recommend approval of that firm as the City's
auditor.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Deloitte
Haskins & Sells as the City's auditor for the year ending December
31, 1985, at a proposed fee of $22,550.
2. Public Hearing for Federal Revenue Sharing Funds Budget --
A hearing for determining the use of Federal Revenue Sharing
funds must be held before the general operating budget is enacted
and public notice must be given at least 10 days before the hearing
is scheduled. The notice must include a summary of the entire
proposed budget. It is recommended that a public hearing be
scheduled at the December 17, 1985, meeting at which time the
entire budget could be adopted. It will be necessary to schedule
a special meeting to discuss the public utilities budget during
the month of November.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a public
hearing date for consideration of Federal Revenue Sharing funds
at the December 17, 1985, meeting.
3. Clarification of Electrical Permit Fees --The Chief Building
Inspector and City Administrator are proposing an increase in
the electrical inspection fees for all inspections of a 0 to
and including 30 ampere capacity service from $2.50 to $3.00.
Currently the City of Eagan is below the State fee for the 0
to 30 amp circuit. In order for the City to remain comparable
to all other State fees that are levied by the City for electrical
inspection, it is necessary to change this fee.
ACTION TO BE CONSIDERED ON THIS ITEM: To increase the electrical
fee schedule for 0 to 30 amp circuit rates from $2.50 per circuit
to $3.00.
DIRECTOR OF PUBLIC WORKS
1. MnDOT Speed Limit Study --In August of this year, the Council
authorized a request of MnDOT to perform a speed study on 52
different segments of roadway throughout the community. with
this request, the City forwarded information pertaining to the
existing speed limit and what the City was recommending in confor-
mance with our functional classification speed limit policy.
As a result of that request, MnDOT performed a speed study analysis
on each segment of roadway and concurred with the City's recom-
mendation with the exception of those segments listed on page
6,j?j As can be seen, several of the speed limits were lowered
from the City's recommendation based on the "ride -ability", config-
uration and safety site clearance. However, certain segments
were also increased from what our recommendation was based on
these same factors. The Public works Director wanted to inform
the Council of the preliminary findings by MnDOT before the offi-
cial designations were made of record to allow the Council an
opportunity to provide any input that could be pursued further
with MnDOT personnel. MnDOT traffic staff has indicated that
strong justification would have to be made by the City for them
to reevaluate their preliminary findings before the final determina-
tion is made. After the final determination is made, MnDOT will
not reconsider a request to change the speed limit unless signifi-
cant changes are made to the adjacent environment (development,
realignment, accidents, etc.).
ACTION TO BE CONSIDERED ON THIS ITEM: To review the proposed
speed limit changes from City recommendations and provide direction
to staff as may be appropriate.
2. Project 455, Deerwood Drive Street Improvement (Deerwood
Elementary School) --During the past several months, our consulting
engineer has been working closely with representatives of ISD
196 and Cooperative Power Association in determining an acceptable
grade and alignment for the petitioned improvement of Deerwood
Drive from Pilot Knob Road to I -35E. In the preparation of this
feasibility report, preliminary engineering plans have been pre-
pared which show that the City will need approximately 58,000
C.Y. of material to fill in the valley adjacent to the school
site.
Representatives of the school district's architectural firm have
indicated that if the school is constructed according to their
first preferenced design, they will have approximately 40,000
C.Y. of excess material that could be used by the City. However,
for the School District to commit to a specific site plan, they
would like to have a commitment from the City for this excess
material.
Representatives of the School District indicate that they will
expect some compensation fo/r the use of the excess material but
y /7
feel confident that the price could be determined in a fair and
equitable manner based on benefit to each party.
Due to the fact that we have not yet held the public hearing
or approved the final plans for the upgrading of Deerwood Drive,
the staff is reluctant(to make such a commitment without Council
approval. Therefore, the Director of Public Works will be discus-
sing in further detail the action available and required by the
Council at the present time.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to nego-
tiate an agreement for the use of excess material generated by
the grading of the new elementary school site on Deerwood Drive
to be used under Project 455.
Deloitte
Haskins+Sells
Mr. Eugene J. VanOverbeke
Finance Director
City of Eagan
P.O. Box 21199
Eagan, Minnesota 55121
Dear Mr. VanOverbeke:
1360 Norwest Center
55 East Fifth Street
Saint Paul. Minnesota 5.5101
(612) 291-8110
Cable DEHANDS
September 13, 1985
As you requested, we are pleased to provide you with our
proposed audit services for 1985, as well as our estimated fees
for these services.
SCHEDULE:
Preliminary - One week in December, 1985
Final - Weeks of March 24, 31, and April 7, 14, and 21, 1986
Report date goal - April 30, 1986
PERSONNEL:
Michael J. Vinyon, Partner
John B. Lilja, Manager
Eric S. Rangen, In -charge Accountant
Assistants to be named
SERVICES:
Our services to the City for 1985 will include a general
audit of the financial statements of the City. Our audit
approach will be realigned for 1985 so as to constitute an
organization -wide ("single") audit as required by a new
Federal law. This means that the scope of our audit will
include auditing Federal funds, principally your Revenue
Sharing allocation, and procedures relating thereto. In
addition, for 1985, our audit procedures will specifically
include the new Legal Compliance Audit Guide recently
published by the State Auditor.
REPORTS:
As a result of the expansion of our audit scope under Federal
and State requirements, our reporting will also be expanded.
As in the past, we will issue our Auditors' Opinion for
inclusion in your Comprehensive Annual Financial Report. In
addition, we will prepare for you another report for Federal
and State compliance purposes. It will include your basic
financial statements together with our report thereon, as
well as our reports on our examinations of your systems of
internal control and of legal compliance matters.
Of
Mr. Eugene J. VanOverbeke September 13, 1985 2
FEES:
As a result of the increased extent of our audit procedures,
our estimated fees for 1985 will rise somewhat more than the
current rate of inflation. We estimate that our professional
fees, including expenses, will not exceed $22,550.
Should the Council have any questions regarding our reappoint-
ment, we would be pleased to respond to them. We look forward
to continuing to serve the City of Eagan.
Yours very truly,
DELOITTE HASKINS & SELLS
Michael J Vi n
Partne
SPEED LIMITS
*Statutory speed limit of 55 mph or less depending upon conditions. Used
by the State on all gravel roads that do not meet the "urban district"
classification for a 30 mph limit.
103
MnDOT
STREET
FROM
TO
REQUESTED
APPROVED
Blue Gentian Rd.
T.H. 55
T.H.149
35
30
Lone Oak Circle
Lone Oak Rd.
N.End
35
30
W.Service Rd.
Eagandale Blvd.
T.H.55
40
35
Becker Rd.
T.H.149
Delaware Tr.
30
35
Wescott Rd.
Lexington Ave.
S.Hills Dr.
35
Wescott Rd.
S. Hills Dr.
T.H. 149
35
50
Duckwood Dr.
Denmark
Widgeon
35
30
Coachman Rd.
Maintenance Garage
Yankee Doodle
35
30
Comsery Dr.
Yankee Doodle
T.H. 13
35
30
Silver Bell Rd.
Nicols
T.H.13
35
30
Beau D' Rue Dr.
Nicols
Silver Bell Rd.
35
30
Cedarvale Blvd.
Silver Bell Rd.
Nicols Rd.
35
40.
Nicols Rd.
Diffley
Cedarvale Rd.
35
40
Deerwood Dr.
Blackhawk Rd.
Riverton
40
30
Dodd Rd.
Diffley
Wescott Rd.
45
50
Dodd Rd.
Cliff
Diffley
35
40
Safari Blvd.
Thomas Lake Rd.
Cliff Rd.
35
30
Blackhawk Rd.
Cliff
Diffley
35
40
Slaters Rd.
Storland Rd.
Cliff Rd.
40
35
Galaxie Ave.
Apple Valley
Safari Tr.
35
45
Wescott Hills Rd.
Orvilla Home
South End
30
*Statutory speed limit of 55 mph or less depending upon conditions. Used
by the State on all gravel roads that do not meet the "urban district"
classification for a 30 mph limit.
103
Toll Free Minnesota (800) 862.6002
Toll Free Other States (800) 328.6122
e
` IYMer & Schroeder Financial, Inc. -
Northwestern Financial Center • 7900 Xerxes Awnue South • CO. Box 789 • Minneapolis, Minnesota 55431 (612) 831.1500
October 18, 1985
Mr. Thomas L. Hedges
City Administrator
City.of Eagan
3830 'Pilot Knob Road
Eagan; Minnesota 55121
RE: $11,350,000
City of Eagan, Minnesota
Multifamily Housing Revenue Bonds
(Cinnamon Ridge Project)
Dear Mr. Hedges:
On November 6, 1985, the City Council of the.Ci.ty of.Eagan (.the
"City") will consider a resolution authorizing issuance of the
above -referenced bonds (the "Bonds"). Once adopted, the
resolution would permit issuance of the Bonds pursuant to the
terms of•a Trust Indenture, dated as of .November 1,.1985, by and
between First Trust Company, Inc.., as trustee (the "Trustee"),
and the City (the Trust Indenture is hereinafter referred to as
the "Indenture").
The Bonds will be sold to Miller & Schroeder Financial, Inc, and
Mellon Bank, N.A. (the "Underwriters") which will in turn sell
.the Bonds to the public with the aid of the Official Statement, a
disclosure document prepared 'by the "Underwriters and their
counsel (attached).
The proceeds received by the City from the sale of the Bonds will
be loaned to Cinnamon Ridge Limited Partnership, a Minnesota
himited .partuership (the 'Develroper"-) -pu=suamt 1 to the terms of s
Loan Agreement, dated as of November 1, 1985, by and between the
City and the Developer (the "Loan Agreement"). The Developer
will use the proceeds of the loan to acquire and construct 11
three-story residential apartment buildings containing an
_aggrEgate of 264 -townhouse garden apartment rental units to be
known as Cinnamon Ridge Apartments in the City (the -"Project").
She :,Develo.per : mill :2epay`.the:•losn- pursuant,{:to -the .terms ..of she
'Lo'an Agreement. "The City`yril'1, iT turn, `usE ttre 'loan repayments
to pay the principal of and interest on the Bonds when due.
M
Hv+Jyuanen: ?Lnneap.,li.. �Lnnnou
0n nah Uin; �.: Sola na 0.�a.h.l aliiomu <anu \h.n r. a.l,I�i..rnu \,mhhn.d.11linui. S�. Paul, Minnnma TaI1:Ju.�re, FluriJa • \lih+-aukea, U'iKomin
a.,„...,. a.. ..�.�,.,, ice.,.... r.....,.�,:.�....�.,,
Mr. Thomas L. Hedges
October 18, 1985
Page Two
The obligations of the Developer to repay the loan will be paid
by Mellon Bank, N.A., a national banking association (the
"Bank"), from the proceeds of advances on an Irrevocable Direct
Pay Letter of Credit issued by the Bank to the Trustee for the
benefit of the bondholders. In the event the Developer defaults
on its loan obligations, the Trustee is directed to draw on the
Letter of Credit for the payment of the full principal amount of
the Bonds, and any interest thereon.
Neither the full faith and credit nor the taxing power of the
City is pledged to secure the Bonds. As a result, the City has
no monetary obligation with respect to the Bonds. If there are
not sufficient funds to pay the Bonds, then the Bond owners will
not be paid and no recourse is available against the City. In
addition, near.ly all actions required of the City pursuant to the
above -referenced documents. wil.l.be.undertaken on behalf of the
City .by the _Trustee.
In accordance with the requirements of State and Federal law,
twenty percent of the dwelling units in the Project will be held
occupied• by persons and families whose adjusted gross income is
not in excess of eighty percent of ... the -median income for the
Minneapolis -St. Paul Standard Metropoitan Statistical Area as
most recently estimated by the United States Department of
Housing and Urban Development. The Developer has agreed to this
and other restrictions pursuant to the terms of the Financing and
Regulatory Agreement, dated as of November 1, 1985, by and
between the City and the Developer. These same -restrictions are
filed with the County Recorder of Dakota County and become
restrictions which run with the land on which..the Project will be
built. These -restrictions will remain effective for a minimum of
ten years.
All costs incurred -by the, City :and all -other parties to this
transaction will be paid from the proceeds of the Bonds or will
be paid directly by the Developer.
On the date of the issuance of the Bonds, the law firm of Holmes
& Graven, Chartered, of Minneapolis, will render an opinion that
the Bonds:have been issued in accordance with all applicable laws
::of: the -.:Sia*e. nii. M.ivanes.oSa �n�war:e-aalid.:obLi ..-the City;
and that interest on the Bonds is exempt from United States and
State of Minnesota income taxation.
3y
Mr. Thomas L. Hedges
October 18, 1985
Page Three
The Developer has also requested that the City provide a Tax
Increment Assistance to the Project through an Interest Rate
Reduction Program previously approved by the City Council of the
City. In accordance with this Program, the Developer has agreed
to enter into an Interest Rate Reduction Loan Agreement with the
City, whereby fifty percent (50%) of the Tax Increment received
by the City .from the construction of the Cinnamon Ridge Project
will be paid by the City directly to the Trustee to help reduce
the effect of the interest rate payable by the Developer on the
Bonds, thereby resulting in a lower Debt Service Requirement for
the Project which can be passed on to the Project tenants through
lower rents and which will result in a higher level of quality of
construction which has been required and endorsed by neighbors of
the Project. Pursuant to the Interest Rate Reduction Loan
Agreement, the Developer is obligated to repay all of the
advances -made by -the City-, together, with:£iv.e.percent (57) simple
interest thereon at the time the Developer -transfers-the property
to a subsequent owner, or upon t'he termination of a Tax Increment
Assistance to the Project. Furthermore, the City is entitled to
share in any appreciated value of the Project attributable to the
portion or the debt service of the Project paid by the City from
its Tax Increment Assistance, after the -Developer has paid off
his prior obligations in accordance with the Interest Rate
Reduction Loan Agreement. The Interest Rate Reduction Loan is
structured as a second mortgage on the Project, behind only the
Bondholders. Thus, the City is assured the full recoupment of
the aggregate sum of its Tax Increment Assistant to the Project,
plus five percent (57) simple interest on all such payments, plus
the opportunity -to-share in -the potential appreciation of the
value of the Project.
Should you have any questions, please do not hesitate to call me.
Sincerely,
MILLER & SCHROEDER FINANCIAL, INC.
Marcia A. Cohodes
Assistant :Vice. President
MAC/blh
Enclosures
cc: Paul Hauge, Esq.
Gene VanOverbeke
�6
CAN -AMERICAN REALTY CORPORATION
1117 Marquette Avenue
Suite 200
Minneapolis, Minnesota 55403.2457
Phone(612)332-5544
October 24, 1985
Mr. Thomas Hedges
City Administrator
CITY OF EAGAN
3830'Pilot Knob'Road
P.O. Box 21199
Eagan, MN 55121
Dear Tom:
As you know by now, we are asking to be included on the agenda
of the November 6 City Council Meeting. We have items which will
finalize the required approvals of.Cinnamon Ridge and enable us to
close the'bond'issue for the project on November 12. Th'is-.is the
date whichhas been -set by. Miller.&.Schroeder and Mellon._Bank,.and we
are -firmly committed to this date -for bond sale purposes.
Along these lines, I want to reiterate and reconfirm the items
we will need approved at the November 6 meeting. Hopefully, you are
being supplied the appropriate information.to..b.e included on the
agenda:
1) Final Plat. Ed Kirscht is finalizing the package,
including the development agreement for final plat
approval by the City Council. I believe we are all on
track and he has_all-the necessary information -to provide
you the backup package'by October --29. You -may want to
confirm this with Ed.
2) Foundation Permit. Steve Hanson explained to our General
Contractor that granting of the-final.plat by the City
automatically provides a -grading -permit for -the
contractors"to-start work. We are requesting, at Steve's
suggestion, that the City grant a foundation permit along
with the grading permit which is allowable under City
statutes. This would save us trying to rush a letter from
-the.-.County..--to .the -City -once we .deliv-er all..the final, plat
documents for recording and would enable us to begin
iTradimg-.-zTad":%nunlation:wnrk.afte=.:-�...clase .the::. -bonus on
November 12. -'This is critical from a soil condition
standpoint before cold weather. We understand that the
final building permit will be issued approximately four to
six weeks after the final plat is recorded.
CITY OF FAGAN, MINNESOTA
Multifamily Housing Bond Program Request
Date June 29, 1984
1. Name of Project Cinnamon Ridge
Project Address Cedar Avenue & Cliff Road, Eagan, MN
2..Applicant Name Cinnamon Ridee Limited Partnershio
Address 1117 Marauette Avenue, Suite 200, MPLS, MN 55403
Contact Person Brvan L. Weber
Telephone Numbers (612/332-5544)
3. Form..of Business (check one)
Sole'Proprietorship Partnership x Corporation
If partnership, include names of partners and ownership interest.
4. Applicant's Legal Counsel (firm name)
Kaplan, Strangis & Kaplan
Address 555 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
Contact Person David Karan
Telephone Number (612/375-1138)
P �3
5. Experience in multifamily construction and/or rehabilitation.
CITY
SEE EXHIBIT A
6. Project Description:
PROJECT NAME
130 1 bedroom units 730 so. ft.
130 2 bedroom units 1,000 - 1,100 so. ft.
11 3 -story buildings
260 covered parking garages
268 open parking spaces
4 UNITS
7. The total cost of the project will be approximately $ 13,780,000'
*264 units @ 53,000/unit (estimate) = $13,780,000 (total costs include
8. Sourc&lanEofig 0f-jinos�
"�g,-credit enhancement,. etc.)
Source:
Use:
Bonds 512,500,000
Developer Equity 1,280,000
Other
Total $13.780.000
Construction Costs 511,440,000 (Hard Construction Costs $44,000/unit)
Other (land. financing. 2.340,000
etc.)
-2-
LI
$13.780.000
W
9. Has the applicant utilized bond financing elsewhere in Minnesota or in
other States:
No Yes X If yes, specify location and purpose:
520.1 million- Svmphonv Place (apartments. Minneaoolis)
512.0 million - Seven Corners (apartments. Minneapolis)
$10.0 million.--Radisson.Metrodome (hotel, MinneapliS)
521:7 million - Charles Center Place (apartments, Baltimore, MD)
.,'Please'.remit your -check.in_the amount of $500_payable.to the,City_of
Eagan, to,the'attencion of:
Mr. Thomas L. Hedges
City .Administrator
City of Eagan
3795 Pilot Knob Road
Eagan, Minnesota 55122
.:_Include two `copies.of.:this application%with your check.
-3-
EXHIBIT A
CANADIAN FINANCIAL HOUSING CORPORATION
PROJECT DEVELOPMENT AND PROPERTY MANAGEMENT EXPERIENCE
Project Development and Property Management
Number of
Project Name and Location Dwelling Units
'Dover -Hill 234
Minneapolis, Minnesota
Owen Brown Place
Columbia, Maryland
Coventry Apartments
Roseville, Minnesota
.Village Green -Apartments
Fridley, Minnesota
Waybury at Chaska
Chaska; Minnesota
Cliff Hill Townhouses
Burnsville, Minnesota
Golden Valley Townhouses
Golden Valley, Minnesota
Minbrooke .Townhouses
Minnetonka, Minnesota
Chicago Avenue Apartments
Minneapolis, Minnesota
College Parkway Place
Annapolis, Maryland
Riverbluff
Minneapolis,, Minnesota
-Management Only
Eagan Green Apartments
Eagan, Minnesota
188
195
-195
114
32
8
46
60
170
30
144
Occupancy
100%
1007
1007
-1007
1007
1007
1007
100%
1007
i002
1002
1007
Development Only
Number of
Project Name and Location
Dwelling Units
Occupancy
Bolton House
260
99%
..Baltimore,.Maryland
='hickory[Ridge_Place
"'108
100%
Columbia, -.-Maryland
Huntington Downs
188
99%
Columbia, Maryland
* Property management by CRMI, Inc., an affiliate.of Shelter
Corporation:of Canada.
Agenda Information
November 6, 1985,
Page Seventeen
Memo
City Council Meeting
A. Resolution Approving Interest Rate Reduction Loan Agreement
Between the City of Eagan HRA and Cinnamon Ridge Limited Partner-
ship (Can American, General Partner) for the Cinnamon Ridge 7th
Addition --Action is necessary to suspend the City Council meeting
..and to convene .as the Housing and Redevelopment Authority for
the purpose of considering an interest rate reduction loan agree-
ment 'fur the Cinnamon Ridge project. Action required by the
HRA -is to approve/modify or deny this loan agreement, a copy
of which is located on pagesg_throughD The tax increment
financing district plan and interest r e reduction project plan
for the Cinnamon Ridge housing project were approved by the Eagan
City Council at a public hearing held on July 2, 1985. A copy
of the minutes from that meeting are enclosed on pages ZI nd
If the loan _agreement is approved, it will be necessary for the
Zagan..BRA --to ..adopt a arm resolution_ _The resolntion_is enrlDsed
on pages '/3 throughw7 .
One of the —conditionsToutlined in the minutes of the July 2,
1985, meeting dealt with an independent appraisal to be provided
at the time of sale or at the end of the 10 year period to determine
the fair sale price. This subject is addressed in Article III,
Section 3.02 (a) in the agreement.
ACTION TO BE CONSIDERED ON THIS ITEM: The HRA must act to approve/
modify or deny the Interest Rate Reduction Loan Agreement with
_Cinnamnn Ririge ..T.imited -Partnership (Cinnamon -Ridge 7th Addition)
and if approved, adopt a resolution outlining this action_
F1
Draft
Octoberk9lj 1985
Ad -
/0/31
INTEREST RATE REDUCTION LOAN AGREEMENT
between
THE; HOUSING' AND:REDEVEWPMENT. AUTHORITY:.IN AND FOR
' THE'CTTY OF' EAGAN;1MNNESOTA
and
CINNAMON RIDGE LIMITED PARTNERSHIP,
A MINNESOTA LIMITED PARTNERSHIP
:,'ThisTinstrument:drafted by:
HOLMES &-GRAVEN; CHARTERED
470 Pillsbury Center
Minneapolis, Minnesota 55402
oil
THIS AGREEMENT is made and entered into this day of ,
1985, by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF EAGAN, MINNESOTA, a public body corporate and politic
(the "Authority") and CINNAMON RIDGE LIMITED PARTNERSHIP, a Minnesota
limited partnership (the "Developer").
WHEREAS, the Authority by the passage of a Resolution dated June 18,
1985, has established a tax increment financing district pursuant to Minnesota
Statutes, Sections 273.71, to 273.78, and approved a Tax Increment Financing
District Plan for the Cinnamon Ridge Housing Project and undertaken the Interest
Reduction Program (as defined herein) pursuant to Minnesota Statutes, Section
462.445, Subdivisions 10 through 13 to reduce the effective rate of interest on a
Mortgage Loan (as defined herein) made to the Developer; and
WHEREAS, the Developer has entered into the Mortgage Loan . for the
purpose of financing the construction of the Development (as defined herein) by the
Developer; and
WHEREAS, the Developer desires to participate in the Interest Reduction
Program.
NOW, THEREFORE, in consideration of the mutual agreements herein
contained, the parties hereto agree as follows:
ARTICLE I
Definitions
Section 1.01. Definitions. As used in this Agreement, the following terms
shall have the meanings specified below unless the context clearly requires
otherwise:
Adjusted Family Income: all income from all sources received by the family
head (even if temporarily absent) and each additional member of the family
household who is not a minor less $750 for each adult in the family to a maximum
of two adults and less $500 for each other dependent in the family.
Agreement: This Interest Rate Reduction Loan Agreement, as the same
may be from time to time amended.
Authority Loan or Loan: The loan -by the Authority -to the Developer made
pursuant to Article 11 hereof.
Certification Year: The twelve-month period commencing with the date of
income.ceriification_pursuant -to -Section 5.03_hereof.
�lee:Uity_ofzagmm,Mirmesota.
Development: A 264 -unit multifamily residential building for rental
primarily to persons and families of low and moderate income, to be acquired and
constructed by the Developer in the City with proceeds of the Mortgage Loan,
constructed on the real property described on Exhibit A hereto.
1
�D
11
First Mortgage: The mortgage by the Developer to the Trustee securing the
repayment of the Mortgage Loan.
Interest Reduction Program: The Housing and Redevelopment Authority in
and for the City of Eagan, Minnesota Interest Reduction Program (Eagan Multi -
Family Rental Project) undertaken pursuant to Minnesota Statutes, Section
462.445, Subdivisions 10, 11, and 12.
Mortgage Loan Documents: The following documents made and entered into
between the Developer, the City and the Trustee to evidence and secure the
Mortgage Loan:
(a) An Indenture of Trust, dated as of November 1, 1985, between the
.City and the Trustee.
(b) A Loan.Agreement, dated as of November 1, 1985, between the City
and the Developer.
(c) A Regulatory Agreement, dated as of November 1, 1985, between and
among the Developer, the City and the Trustee.
. (d) A Declaration of Restrictive Covenants, dated as of November 1,
.1985.
(e) A Mortgage and Security Agreement -and Fixture Financing
Statement, dated as of November 1, 1985.
Mortgage Loan: The loan from the City to the Developer pursuant to a the
Mortgage Loan Documents, dated November 1, 1985, to finance the construction of
the Development.
Net Cash Flow: All cash receipts from operations of the Development in
the ordinary course of business after deducting actual operating and financing
expenses paid or accrued and debt service payments (including payments for
principal interest and all required revenues) made in connection with any loans
relating to the Development. For purposes of this definition.of Net Cash Flow
"operating and financing expenses" shall include, without limitation, the following:
management fees, caretakers salaries, maintenance salaries, payroll taxes,
accounting and legal fees, utilities charges, lawn maintenance costs, trash and
snow. removal charges,. expenses for repairs, maintenance and decorating of the
Development, advertising costs, permit .fees, insurance premiums, real estate
taxes, special assessments and installments, letter of credit fees, -fees of the City,
Trustee's fees, or mortgage servicing fees relating to the Development or the
Mortgage Loan.
-.Original Assessed. Value: _The Assessed, value._of aR.taxahle. real property
comprising the Development as certified by the Dakota County auditor in
_.rrmneadan w tit:* i=ezthm of The :Tax:l:ncrement Fmzmemg'Ta; trwt_'Phm r the
"Cinnamon'Ridge Fiousing'Project of the Authority pursuant to Minnesota Statutes,
Section 273.76, Subdivision 1, subject to any statutorily required changes resulting
from future legislation amending said Section.
15�1
Second Mortgage: The second mortgage from the Developer to the
Authority in substantially the form of Exhibit B attached hereto, given to secure
the payment of the Developer's obligation pursuant to this Agreement.
Tax Increment: The excess of the taxes generated at the then current
assessed value of the Development over the taxes generated by the Original
Assessed Value prior to construction of the improvements by the Developer.
Transfer. The sale, transfer or other conveyance of the Development,
whether by deed, contract for deed, lease (other than occupancy leases), or
otherwise, or any change of more than fifty percent (50%) in the identity or
partnership shares of the partners of the Developer; provided, however, that the
transfer of partnership interests in connection with the initial limited partnership
syndication shall not constitute a Transfer and provided further than the deletion
of a general partner resulting from the death of such partner shall not constitute a
Transfer.
Trustee: First Trust Company, Inc., as trustee under the Mortgage Loan
Documents.
Valuation Date: The date or dates on which any of the following occurs:
(1) Any Transfer of -the. Development;
(2) 'The date as of which the principal balance -of the Mortgage
Loan is paid in full;
(3) Upon occurrence of an . Event of Default, if . the Authority
elects to accelerate the Authority Loan pursuant .to..Section 7.02;
(4) Upon prepayment of the Mortgage Loan as a result of
foreclosure of the granting of a deed in lieu of foreclosure; or
(5) The date which is ten (10) years after the first advance made
by the Authority to the Developer pursuant .to Section 2.01 of this
Agreement.
ARTICLE U
Authority. Loan
Section 2.01. Amount of Loan. Subject to the provisions of Section 2.04
hereof, the Authority agrees to lend to the Developer and the Developer agrees to
borrow from the Authority on a non-recourse basis, an interest rate reduction loan
jthe. "Loan") with respect to_ the Mortgage. Loan, .by way .of advances asset forth
.below from time -to time during the term of the Loan Advances on the Loan shall
_ tae nnsde aa�aammy l3_ and.dtgy.l3: of �aeh yeah: =eaeing: as July _1% 19M in
amountsequal to fifty percent `(50%) of the Tax Increment generated by the
Development. Advances shall be paid by the Authority to the Trustee accompanied
by directions that the Trustee apply such advances solely to the payment of
interest on the Mortgage Loan. The Authority shall notify the Trustee and the
Developer in writing as soon as reasonably possible following a determination by
'5��
the Authority that for any reason an advance will not be made in the amount set
forth in this Section 2.01. No advance shall be made following a Transfer unless (i)
prior to the Transfer the Authority approves in writing the continuation of
advances; (ii) the person or entity to whom the Transfer is made enters into an
interest rate reduction loan agreement in substantially the form of this Agreement;
and (iii) the person or entity to whom the Transfer is made assumes the obligations
of the Developer under the Mortgage Loan and the First Mortgage.
Section 2.02. Revenue Obligation. The Authority's obligation to advance
funds for the Loan is payable solely from fifty percent (50%) of the cumulative Tax
Increment generated by the Development. The Authority hereby pledges fifty
percent (50%) of the Tax Increment generated by the Development prior to the
Valuation Date to be available for advances as set forth herein. .The Authority's
obligation to lend funds shall not be payable from nor charged upon any funds other
than said portion of the Tax Increment so pledged.
Section 2.03. Non -Recourse Loan. Neither the Developer nor any of its
partners shall be personally liable for payment of the Authority Loan, and the sole
recourse of the Authority for a failure to pay the Authority Loan shall be limited
to proceeding against the Development in accordance with the Second Mortgage.
.Section.2.04. Conditions Precedent to Lending. The Authority's obligation
to make the .Loan to the Developer in accordance with this Agreement shall be
.,subject Ao .the condition _that- prior to. June 30, 1986, the .Developer shall submit .to
the Authority (a) evidence, satisfactory to the Authority, that the Developer has
sufficient funds available to it from the proceeds of the Mortgage Loan and equity
contributions to the Developer to finance the construction of the Development; and
(b) plans and specifications for the construction of the Development which are
consistent with the plat for the Development which was finally approved by the
City and in sufficient detail to establish to the Authority's satisfaction the quality
of construction for the Development.
ARTICLE III
Interest On the Loan
Section 3.01. Development Valuation at Valuation Date. The Project shall
be valued on the Valuation Date for purposes of determining the aggregate of
merest and principal to be repaid on the Loan.
'Section 3.02. Definitions for Use in Development Valuation.
(a) Fair Market Value. The Fair Market Value of the Development shall
be its fair market value determined as set forth below as of the Valuation Date. If
the Valuation -Date .occurs. by reason of .a sale..of .the -Development, then if the
Authority .determines that. such sale was an arms' length transaction, the -Fair
-3R�et � Valae_,dmll' be' �gimi so =tips peiee ' s Vis, _���d..viher
expenses of sale actually incurred to the extent they do not exceed a customary
and reasonable amount. If the Authority determines that such sale triggering the
Valuation Date was not an arms' length transaction, or if the Valuation Date occurs
by reason of an event other than a sale, the Fair Market Value shall be determined
by appraisal, taking into account the anticipated costs of sale or other disposition,
53
including reasonable and customary brokerage fees, and the costs of appraisal. The
appraisal shall be by a panel of three appraisers, one selected by each of the
Developer and the Authority and the third selected by agreement of the other two
or appointed by the Dakota County District Court.
(b) Net Total Investment. The Developer's Net Total Investment shall be
the aggregate total of the Developer's equity contributed to the acquisition and
construction of the Development, any payments of principal or interest on the
Mortgage Loan, any Developer Discretionary Payments, other payments made to
construct, acquire, operate, maintain, repair or improve the Development,
payments for taxes and special assessments on the Development, and any
outstanding liens or mortgages securing loans, advances or goods or services
provided for the construction, acquisition or improvement of the Development.
(c) Return on Equity. The Developer's Return on Equity shall be equal to
the aggregate total of all distributions made or required to be made by the
Developer to the limited partners of the Developer, but shall exclude any
distributions to any general partners of the Developer. It is recognized and agreed
that the limited partnership units in the Developer will not be syndicated until
after the execution of this Agreement and that the terms of the distributions from
the Developer to its limited partners will be determined in the market place at the
time of such syndication. To the end of establishing that the Developer's
distributions to its limited partners. at the time of syndication will not be
:materially . different .from. the market ;place standards . at , the --time of . such
syndication, the Developer hereby covenants and warrants to the Authority that
the distributions made to the limited partners of the Developer will not exceed the
amounts necessary to successfully place the limited partnership units in the
Developer at the time of the syndication, and the Developer further agrees that
upon the syndication of limited partnership interests in the Developer, the
Developer will deliver to the Authority (a) a true and correct copy of the
partnership agreement of the Developer; (b) a true and correct copy of all offering
documents and securities registration materials prepared in connection with the
syndication of the limited partnership interests in the Developer; and (c) a written
confirmation from a member of the National Association of Securities Dealiers
experienced in the area of real estate limited partnership syndications that the
distributions to be made to the limited partners _of the Developer are not
materially different from the distributions which are being made to other limited
partners in similar real estate limited partnership syndications being offered in the
market place at the time of the Developer's syndication for projects similar to the
Development.
(d) Developer Discretionary Payments. The Developer Discretionary
Payments shall include all payments made for replacement reserves and
management fees and other discretionary expenses under the control of the
Developer, subject to the limitation that the growth of all Developer Discretionary
expenses shall be limited..to an aggregate annual average growth_rate of not more
thanfive ,percent,(5%) for purposes of calculating this formula.
(e) Net Appreciation. The Net Appreciation of the Development shall
equal the Fair Market Value of the Development less the amount determined under
Section 3.03(a) hereof, less the Developer's Net Total Investment and less the
Developer's Return on Equity.
5
Section 3.03. Aggregate of Interest and Principal. The aggregate principal
of and interest on the Authority Loan shall be the sum of:
(a) the aggregate amount of all advances made by the Authority plus
simple interest accrued on all such advances at the rate of five percent (5%) per
annum; plus
(b) the Net Appreciation of the Development multiplied by a fraction,
the numerator.of which is the aggregate amount of all advances on the Authority
Loan made by the Authority (without interest thereon) and the denominator of
which is the Developer's Net Total Investment.
The amount determined pursuant to this section shall be reduced by any
prepayments of .the Authority Loan made pursuant to Section 4.04 hereof.
Section 3.04. Interest Accrued at Valuation Date. As of the Valuation Date,
the amount, if any, of the excess of the aggregate of the interest and principal on
the Authority Loan determined pursuant to Section 3.03 over the sum of the
advances theretofore made on the Authority Loan shall be deemed to be interest on
the Authority Loan.
Section 3.05.Accrual of Interest Subsequent to Valuation Date.
Commencing with the Valuation Date, there shall accrue additional interest on so
much of the :principal balance of. the Authority -Loan-determined -as-provided in
Sections 3.03 and 3.04, and further adjusted to reflect compounding of interest and
reduction by payments. Such interest shall be compounded and added to principal
as of December 31 of each year. Such interest shall accrue at a rate per annum
equal to the average annual rate of return being earned by the Authority on
investment of all other of its funds during that year, as determined by the chief
financial officer of the Authority, within 45 days of the end of each such December
31. The Authority shall within 60 days of the end of each calendar year notify the
Developer of such average annual rate of return for the calendar year just ended
and shall make available to the Developer upon request all information under its
control which would be useful in verifying said rate of return.
ARTICLE IV
Repayment of and Security -for Authority Loan
Section 4.01. Initial Period. _Except 2s provided in Section .4.03 and 4_04, no
payment shall be due from the Developer until April 15 of the calendar year
following the calendar year of the Valuation Date.
Section 4.02. Periodic Payments Following Initial Period. Unless payment in
full .is previously -required .pursuant to Section .4.03, -the -Developer.._ shall .pay
annually to the Authority on or_before .each April 15 following .the Valuation Date
:. =0 payment -1a fullAs'wed-pursuant.2n:Section 4.03 7an7amomnt7ewelto_one-
fourth (1/4) of the Net Cash Flow of the Development for the preceding calendar
year, which shall be applied first to accrued interest, with any excess applied to
reduce the outstanding principal balance of the Authority Loan. The amount due
on the first such payment date shall be that fraction of one-fourth (1/4) of the Net
6
Cash Flow of the Development for the preceding calendar year "equal to the
fraction of such year which is after the Valuation Date.
Section 4.03. Payment in Full. All unpaid principal, adjusted as provided in
Section 3.04 and 3.05, further adjusted for compounding of interest pursuant to
Section 3.06, and reduced by the periodic payments pursuant to Section 4.02 and
any payments pursuant to Section 4.04, together with any accrued interest not
previously added to principal, shall be due and payable upon the earlier of:
(1) The Authority's election to accelerate the Authority Loan
following default by the Developer as provided in Section 7.02; or
(2) Transfer of the Project.
(3) The date which is ten (10) years after the first advance made
by the Authority with the Developer pursuant to Section 2.01 of this
Agreement.
No additional payments shall be required.
Section 4.04. Prepavment. The Developer may prepay the Authority Loan
and the accrued interest thereon, in whole or in -part, at any time or from time to
time without premium or penalty.
- -Section 4.05. AuthorityLoan Secured by Uen on "Project. The Developer's
obligation to repay the Authority Loan shall be secured by.the Second Mortgage,
which shall be subordinate to the First Mortgage granted by the Developer in
connection with the Mortgage Loan or, with the prior written consent of the
Authority, which consent shall not be unreasonably withheld, the issuance of any
debt to refinance the Mortgage Loan in an amount which is not in excess of the
outstanding debt being refinanced plus reasonable costs incurred in the refinancing.
In addition, the Authority agrees to consider (and to consent or not consent to, in
its sole discretion) subordination of the Second Mortgage to other liens on the
Project as requested by the Developer. Immediately following the Valuation Date,
the Developer shall execute and cause to be.recorded a revised instrument setting
forth the exact amount of the debt secured by the Second Mortgage, as determined
on the Valuation Date.
ARTICLE V
Provision of Low-income housing
Section 5.01. Construction of Development. The Developer agrees to
construct the Development as provided in and subject to the provisions of the
Idortgage Loan -Documents.
"_�ection3:02 .Low=income"Units. (a) -A1 _ail'times- rafter. -fit -of.-In
-occupancy permit with, -respect -to the Development and continuing urttil the
Authority Loan has been paid in full, the Developer shall hold 20% of the units in
the Development for rental to persons and families with an annual Adjusted Family
Income not in excess of eighty percent (80%) of the median family income for the
62;
7
Minneapolis -St. Paul Metropolitan Statistical Area, as determined by the United
States Department of Housing and Urban Development.
(b) In addition to the requirements set forth in clauses (a) of this Section
5.02, at least 55% of the units in the Development shall be held available for rental
to families and individuals with Adjusted Family Incomes which at the time such
families or individuals first occupy such units are equal to, or less than, 66 times
120% of the new construction monthly fair market rent for the unit (or similar
units in other developments), as established by the United States Department of
Housing and Urban Development.
Section 5.03. Certification of Income. The Developer shall secure an
income certification in the form attached hereto as Exhibit C, or such other form
as may be approved by the Authority, which includes the information described in
Exhibit C, from the proposed tenant or tenants of each qualifying unit -prior to
initial occupancy and annually thereafter. Such income certification shall contain
a statement of the anticipated total annual income for the Certification Year of
each person who proposes to live in the dwelling unit during the Certification Year,
the number of minors who propose to live in the dwelling unit, during the
Certification Year, and the source of all anticipated income. Such certification
imav be sworn to before a notary public or other officer authorized to administer
oaths. The Developer shall use its best efforts to confirm the amount of
anticipated income with the identified source.
''Section 5.04. Increase 'in Tenant Income. No -tenant shall -be required to
terminate occupancy within the Development due to an increase in the income of
such tenant above the maximum qualifying level as determined pursuant to Section
5.02(a) hereof. Any unit occupied by persons who met .the income restrictions upon
their initial occupancy of such unit. shall remain .in a qualifying unit pursuant to
Section 5.02 even after such an increase in tenant income.
Section 5.05. Release and Indemnification. (a) The Developer releases the
Authority and the governing body members, officers, agents, servants and
employees thereof from and covenants and agrees that the Authority and the
governing body members, officers, agents, servants and employees thereof shall not
be liable for, and -agrees to protect and defend, indemnify and hold harmless the
Authority and the governing body members, officers, agents, servants and
employees thereof against, any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the
Development other than those arising -from specific acts of negligence of the
Authority or its.off'mn s, agents, servants, employees and governing body. -members.
(b) Except for any willful -misrepresentation or any willful or wanton
misconduct of the following named parties, the Developer agrees to protect and
defend the Authority, the governing body members, officers, agents, servants and
.employees _thereof, now .and .forever, .and further agrees.. to hold the aforesaid
harmless,. from any claim, demand, suit, action -or other proceeding by-any-person
9r• ' �risiag -or purportedly -gig drum :the '_e tion of the
-Development by the Developer as a rental housing project.
ARTICLE VI
Insurance
Section 6.01. Insurance. The Developer shall keep and maintain the
Development at all times insured against such risks and in such amounts, with such
deductible provisions, as are customary in connection with the operation of
facilities of the type and size comparable to the Development and the Developer
shall carry and maintain, or cause to be carried and maintained, and pay or cause
to be paid timely the premiums for, at least the following insurance with respect to
the Development as provided in the Second Mortgage.
Section 6.02. Insurers and Policies. Each insurance policy required by
Section 6.01 hereof (a) shall be issued or written by a financially responsible insurer
(or'insurers), or by an insurance fund established by the United States or State of
Minnesota or an agency or instrumentality thereof licensed to transact business in
the State of Minnesota; (b) shall be in such form and with such provisions
(including, without limitation and where applicable, loss payable clauses, waiver of
subrogation clauses, provisions relieving the insurer of liability to the extent of
minor claims and the designation of the named insureds) as are generally
considered standard provisions for the type of insurance involved; (c) shall name
the Authority. as an additional insured -subordinate to the mortgage securing the
Mortgage Loan; and (d) -shall .prohibit cancellation or -substantial modification by
.the. insurer.withouttaY.1east thirty (30),-days'.prior written -notice to.the.Authority
and the Developer.
Section 6.03. Application of Proceeds. (a) In the event that proceeds of any
policy of insurance required pursuant to Section 6.01 become payable while the
Mortgage Loan is outstanding, such proceeds shall be applied in accordance with
the provisions of the Mortgage Loan Documents; provided that any excess proceeds
shall be payable to the Developer or the Authority in accordance with subparagraph
(b).
(b) In the event that the proceeds of any policy of insurance required
pursuant to Section 6.01: become payable after the First Mortgage securing the
Mortgage Loan is no longer outstanding, the Developer may .elect :to (i) apply such
_proceeds to repair, reconstruct and restore the damaged- Development, or (ii) if
insurance proceeds are sufficient to repay the Authority Loan as determined on the
Valuation Date, treat such receipt of proceeds as a Transfer. In .the event that the
Valuation .Date has not occurred prior to the receipt of proceeds, the date of such
-receipt may be elected as the Valuation -Date and themaluation can then be made
based on the appraised value of the Project before destruction, if such valuation is
sufficient to allow the Developer to elect option (ii) above.
ARTICLE VII
Section 7.01. Events of Default. The happening of one or more of the
following events and the failure to cure such event within thirty days after notice
thereof in writing is given by the nondefaulting party hereto to the Trustee under
the Indenture with respect to the Bonds and the defaulting party or if not possible
M
to cure within thirty days, failure to commence reasonable efforts to cure within
that period, shall constitute an "Event of Default":
(a) The Developer shall fail to maintain 20% of the units within the
Development for occupancy by persons and families of low and moderate income in
accordance with the provisions of Article V and the continuance of such failure for
three (3) months following written notice thereof to the Developer from the
Authority.
(b) The Authority shall fail to timely advance the proceeds of the Loan
to the Developer in accordance with the provisions of Section 2.01 hereof, provided
that no Event of Default shall exist under this paragraph if the Authority's failure
to make such advances is caused by any action or inaction by the State of
Minnesota or the County of Dakota in connection with the collection and
distribution of the Tax Increment.
(c) Either party shall fail to perform any other covenant, agreement or
condition of this Agreement and the continuance of such failure for sixty (60) days
following written notice thereof from the other party.
Section 7.02. Remedies on Default. Whenever any Event of Default
referred to in this Agreement occurs with respect to either party, the other party
may take any one or more of the following actions, unless otherwise agreed to by
the parties in writing:
(a) if the default is by the Developer, suspension of the Authority's
obligation to make advances on the Authority Loan, valuation of the Development
pursuant to Section 3.02, and declaration of any amounts due on the Authority Loan
to be immediately due and payable;
(b) if the default is by the Developer, the Authority may exercise its
remedies pursuant to the Second Mortgage; or
(c) either party may take whatever action, legal or administrative, as
may appear necessary or desirable to collect any payments due or to enforce
performance and observance of any obligation, agreement or covenant under this
Agreement, or to collect.damages for breach -of contract.
In the event that the Authority does not make the advances to the.
Developer provided for in. Section 2.01 as a result of any action or inaction by the
State of Minnesota or the County of Dakota in connection with the eollection and
distribution of the Tax increment, the Developer may, -at its option, terminate this
Agreement, subject to the Developer's obligation to repay the amount of Advances
theretofore made by the Authority (without interest thereon), as provided in this
Agreement. Further notwithstanding the foregoing, the Developer may pursue such
__other Action At -law -or -in-equity-as 1t_shall_deem. appropriate to -recover .frnm .the
State of Minnesota or the County of Dakota the portion of the Tax Increment
-. t9` wyabIe"io'the Developeramder'2his:AgmemEnt.
No remedy herein conferred is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to
67
10
exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
Section 7.03. No Additional Waiver Implied by One Waiver. In the event any
agreement contained in this Agreement should be breached by either party and
thereafter waived in writing by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder. No waiver shall be deemed to have
occurred unless such waiver is in writing signed by the party giving such waiver.
ARTICLE VM
Miscellaneous
Section 8.01. Records and Reports, Notices. (a) The Developer shall
maintain all records needed to conduct the valuation of the Development on the
Valuation Date, to determine the amount owing hereunder from time to time
thereafter, to determine the amounts of periodic payments required by Section
4.02 and to demonstrate compliance with Article V regarding the provision of low
income housing. The Developer shall make quarterly. certified reports to the
Authority identifying qualifying units including the rent charged thereon, the
.tenants thereof,_and..the income of. thetenants as certified .pursuant - to -Section
5.03. The Developer shall submit a report supporting the calculations made
pursuant to Section 3.02 through 3.05, an annual report thereafter along with each
periodic payment pursuant to Section 4.02 in support of the amount thereof and the
principal balance of the Authority Loan adjusted to date and a report in support of
the amount of the final payment pursuant to Section 4.03. The report supporting
the calculations made pursuant to Sections 3.02 through 3.05 shall be audited by an
independent certified public accountant; provided, however, that said auditor may
rely upon the books and records of the Developer for the underlying data used in
the calculation. The Developer's books and records shall be made available to the
Authority for inspection at its request, upon reasonable notice.
(b) The -Developer, within 20 days following the event, shall provide
written notice to the Authority of (i) any change in the identity or- partnership
shares of the general partners of the Developer; (ii) any default by the Developer in
its obligations under the Mortgage Loan Documents; and (iii) any Transfer.
.Section 8.02. Notices. All notices, demands or other .communications
hereunder shall be in writing -and shall be deemed to be sufficiently given when
personally delivered or mailed, postage prepaid, with proper address as indicated
below:
To the Authority: The Eagan. Housing and Redevelopment Authority
City Hall
2Z30JWnt_1Kaob, Road
Eagan,'Minnesota 55122
To the Developer: Cinnamon Ridge Limited Partnership
1117 Marquette Avenue, Suite 200
Minneapolis, Minnesota 55403-2457
To the Trustee: First Trust Company, Inc.
332 Minnesota Street
St. Paul, Minnesota 55101
or at such other address with respect to either party as such party may, from time
to time, designate in writing and forward to the other as provided in this Section.
Section 8.03. Separability of Provisions. Each provision of this Agreement
shall .be considered:separable and if for any reason any provision or provisions
hereof are'determined to be invalid and contrary to any existing or future law, such
-'invalidity shall not -impair the :operation ,of.or affect -those-provisions of this
Agreement which are -valid.
Section8.04.'.Counterparts..` This; Agreement 'may-be=:executed in -several
t'rcou:iterparts,:_each of which. shall' -be an`original and all of -which shall:constitute
.one and the same agreement.
Section 8.05. Section Titles. Titles of Articles and Sections are for
convenience of reference only and shall not alter or control the meaning of this
Agreement as set.forth in the text.
IN WITNESS WHEREOF, the parties hereto have hereby executed this
Agreement as of the year and date written above.
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument
1985, byaBrve
Can -American Realty _Corporate
_Partnership, a Minnesota limited
STATE OF' MINNESOTA )
ss.
COUNTY OF DAKOTA )
CINNAMON RIDGE LIMITED
PARTNERSHIP
By Can -American Realty Corporation
General Partner
By
Bryan L. Weber
(Vice President, Development
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF EAGAN
0
Chair
By
Executive Director
was acknowledged before me this day of
L. Weber. the Vice President. Develooment of
g, general partner of Cinnamon Ridge Limit
partnership on behalf of the limited partnership.
Notary Public
The -foregoing instrument was acknowledged before me .this day of
1985, by , Chair, and ,
i-ExieLutivx':t etor:'D14n
f.-''$oasing--mid=$edev-aeinpummf,„thurty.in:and:7nrAhe
City of Eagan, on behalf of such authority.
Notary Public
Y
13
EXHIBIT A
TO
INTEREST RATE REDUCTION LOAN AGREEMENT
The real property referenced in the foregoing document is located in the County of
Dakota and is legally described as follows:
-Outlot 'A, Cinnamon Ridge -Addition to the City of Eagan, according
to the plat thereof now on file and of record in the office of the
County -Recorder imand, for: Dakota County, Minnesota.
�3
14
EXHIBIT B
TO
INTEREST RATE REDUCTION LOAN AGREEMENT
Form of Second Mortgage
j[To be Supplied]
EXf1IBIT C
Certification of Tenant Eligibility
I/We, the undersigned, being first duly sworn, state that I/we have read and
answered fully and truthfully each of the following questions for all persons who
-are•to:occupy the -unit in:the, above apartment development for which application is
made.
TENANT. '.'(Please:print,-using full.name)
'-Name. of.Tenant. (Head of Family):
Social Security No.
Name of Spouse:_
Social_Security No.
RENTAI;.UNTT:
Phone
Street, Address: Unit No.:
City: Zipcode: ,
Date of Occupancy of Rental Unit by Tenant:
Date of Lease Signed for Rental Unit by Tenant:
Certification Date (Earlier of Date of Occupancy or Date Lease signed):
L' ' OCCIIPANTS OF RENTAL UNIT.
__-Head of -Family: -Birthdate -Age
B., Spouse: Birthdate_- Age
C. , --Other=:family-zmembers (including fall;minors),.who .will11ve_ in -the
-rental units:
1. First and Last Name "Birthdate Afire Relationship
Exhibit C
G �5 Page 1
(a) Will all of the persons listed in column 1 above be or have they
been full-time students during five calendar months of this calendar year at
an educational institution (other than a correspondence school) with regular
faculty and students?
Yes No
(b) Is any such person (other than nonresident aliens) married and
eligible to file a joint federal income tax return?
Yes No
II. ANTICIPATED ANNUAL INCOME. Please list the anticipated total annual
income from all sources of each family member listed in Section I for the
.twelve mouth period beginning on the Certification.Date listed above:
(a) _IncludinE! all -wages and salaries, .overtime _pay, :commissions,
fees, tips and bonuses before payroll deductions; net income from the
operation of a business or profession or from the rental of real or personal
property (without deducting expenditures for business expansion or
amortization of capital indebtedness); interest and dividends; the full
amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits
and other similar types of periodic receipts; payments in lieu of earnings,
-such-as unemployment and disability compensation, workmen's compensation
and severance pay;. -the maximum amount of public assistance available to
the above persons; periodic and determinable allowances, such as alimony
and childsupport payments -and regular contributions and gifts received
from persons not residing in the dwelling; and all regular -pay, special pay
and allowances of a member of the Armed Forces (whether or not living in
the dwelling) who is the head of the household or spouse, but
{b) ::.�:xC1IId171PCHsaali '��nL'—^anonlnr• mmn,mtclhat-are
specifically for or in reimbursement of medical expenses; lump sum
additions to family assets, such as inheritances, insurance payments
Exhibit C
6�1 Page 2
(including payments under health and accident insurance and workmen's
compensation), capital gains and settlement for personal or property losses;
amounts of educational scholarships paid directly to the student or the
educational institution, and amounts paid by the government to a veteran
for use in meeting the costs of tuition, fees, books and equipment, but in
either case only to the extent used for such purposes; special pay to a
serviceman head of a family who is away from home and exposed to hostile
fire; relocation payments under Title [I of the Uniform Relocation
-Assistance and Real Property Acquisition Policies Act of 1970; foster.chUd
care payments; the value -of coupon allotments for the purchase of -food
pursuant to the Food Stamp Act of 1964 which is in excess of the amount
actually charged for the allotments; and payments received pursuant to
participation in ACTION volunteer programs, is as follows:
Anticipated Total
Name of Family Member IncomeforTwelveMonth Period
S
S
(Please list all family members; if any family -members are notexpectedto
earn -any tncome during the twelve month period, indicate "-0-" in the right
hand column)
III. SOURCES OF INCOME. List sources and amount of all income for all
family members listed in Section I including.salary income (provide name of
employer), welfare re other _:public.wsisstan" pensions, interest, social
security payments, rents, alimony and child support, any anticipated capital
gains, etc:
Name of Family Member
Source of Income Amount per Month
S
S
$
Exhibit C
Page 3
IV. NET FAMILY ASSETS. Please give the following information with respect
to all family members listed in Section I:
A. Any savings accounts? How many?
Name of Account holder(s) and the Name of Bank(s):
Total Amount $
B. Any checking accounts over $100.00?
Name of bank(s):
Total Amount $
C. All cash on hand (other than savings and checking
Accounts): $
D. Value of any real estate owned: $
E. Balance of any contract(s) $
F. Value of any business equipment owned: $
G. Amount of any mortgages owned: $
H. - Value,of.all.stocks,.bonds or. other- securities: $
L Money due from others or held by others for you: $
J. Amount of any prepaid funeral trust account: $
K. Current value of other assets (such.as
automobiles, boats, trailers, snowmobiles,
motorcycles, etc.): $
Total Assets $
The above information is full, true and complete to the best of my knowledge. I
have no objections to inquiries being made for the purpose of verifying the
statements made herein.
Exhibit C
4� Page 4
n
I acknowledge that all of the above information is relevant to the status under
federal income tax law of the interest on bonds issued to finance construction of
the Projects for which application is being made. 1 consent to the disclosure of such
information to the issuer of such bonds, the holders of such bonds, any trustee
acting on their behalf and any authorized agent of the Treasury Department or
Internal Revenue -Service.
. < Date.., :.Signature
:STATE OF: MINNESOTA )
ss.
COUNTY OF )
Subscribed and =sworn .. to. before. me.this. ,day,of ,
(SEAL) Notary. Public
Exhibit C
�cj Page 5
FOR COMPLETION BY APARTMENT OWNER ONLY:
1. Calculation of eligible income:
(a) Enter amount entered for entire household in I above:
$
(b) If the amount entered in IV above is greater than $5,000, enter
the greater of (1) the amount entered in III less the amount previously
entered in II and (ii) 10% of the amount entered in IV: $
(c) TOTAL ELIGIBLE .INCOME (Line 1(a) plus line 1(b)):
2. The amount entered in 1(c) is (check one):
Less than $ which is the maximum Adjusted
Family Income as that term is defined in the Interest Rate
Reduction Loan Agreement (the "Agreement") for the low-
income units described in Section 5.02 (a) of such agreement.
More than the above-mentioned amount.
3. Number. of apartment unit assigned:
4. Monthly rent: $
5. This apartment unit (was/was not) last occupied for a period of 31
consecutive days by a person or persons whose Adjusted Family Income, as
certified in the above manner, was equal to or less than the maximum Adjusted
Family Income amount at which a person would have qualified as a Qualifying
Tenant under the terms of the Declaration.
The Unit:
Qualifies as a low-income unit under Section 5.02(a) of the
Agreement
Does not qualify as a low-income unit under -Section 5.02(a). of the
Agreement
Manager
Exhibit C
%9 Page 6
Council Minutes
July 2, 1985
[i!' ^� m
V 12<- „`:*
C. CINNAMON RIDGE PROJECT - TAX INCREMENT FINANCING
The public heating covering the application of Can American Group for tax
increment financing district and interest rate reduction project for Cinnamon
Ridge apartment project next came before the City Council. The Mayor opened
the hearing and City Administrator Tom Hedges presented the application. He
stated that the programs meet the guidelines that were set forth by the City
Council in 1984-85 and that the City's fiscal consultant, Marsha Cohodes from
Miller b Schroeder Municipals, Inc. and Stan Kehl, Bond Counsel from Holmes
and Graven were present. He further noted that meetings had been held with
staff members and the applicant and the general perameters for a development
.agreement with -.Can American had been detailed.. . He mentioned.that if the
:interest rate .reduction program is approved, that the City and all other
taxing jurisdictions will receive the base amount of taxation existing today
on the property along with 50% of the new taxable rate. The remaining 50%
becomes a tax increment, which is used by the Can American Group to reduce
rental rates by approximately $42.00 per month, according to their
information. A 50% increment is returned to the City at the end of 10 years
or upon sale of the project, which can be used in total by the City's NRA or
City Council. The projected tax increment provided to. the City at the end of
.10 years is $1,494,253.00 according to .assumptions provided by..Miller 6
Schroeder.
Bryan Weber of Can American was present and made a presentation explaining
f- the proposal including the proposed development agreement.
Councilman Smith questioned the 5% interest factor, and further asked how
the City could be assured of an arms -length sale at the end of 10 years, or
prior to the end of the 10 year period. Stan Kehl stated that a provision for
an independent appraisal at the time of such sale, or at the end of 10 years,
will be provided.
Councilman Wachter asked whether lower rents would result because of the
financing and according to Mr. Weber, this would be true. Mr. Wachter further
stated that it was his opinion that the original rates appeared to be
excessive for-vhat was intended. He was farther concerned about the quality
of construction because of the involvement of the City taxpayers, and stated
that there would be no assurance of increase in value.
Councilman 3 gaa atated:that-the-decision is a-suhjective one, made by the
City Council as to whether a comparable project can be developed on the parcel
without tax increment financing.
After discussion, Smith moved, Thomas seconded the motion to approve the
-mpplicatina :fm ta--i-mcrement-iinancmg-and—intereat-rate-reduction-program
-for .ihe..V4,�„� •,n_Rid$E�r43�t� Bubjeeits._the_iolloiaiag.r�ne,r�ons:
1. The applicant will comply with all City, State and Federal regulations
regarding the tax increment and interest rate reduction program requirements.
2. A development agreement will be entered into between the applicant and
the City outlining all necessary provisions for the program.
3. An independent appraisal will be provided at the time of sale or at
the end of the 10 year period to determine the fair sale price. .
7/
6
Council Minutes
July 2, 1985
Those in favor were Thomas,
and Wachter.
Smith and Egan; those against were Blomquist
WESTBURY 1ST ADDITION - WAIVER OF PLAT S VARIANCE
The application of Gabbert Development Company for waiver of plat to
adjust side lot line between Lots 5 and 6, Block 5 and a 7 foot setback
variance to Lexington Avenue was presented to the Council. Dave Gabbert was
present and Dale Runkle detailed the application. The Advisory Planning
Commission recommended approval. After. discussion, Smith _moved, Egan seconded
the motion to approve the application, noting that the City Council -had denied
the application for variance, and that the 50 foot setback requirement had
been overlooked by all persons reviewing the plat originally. The approval
was subject to the following:
1. Houses shall be designed and located to meet all the setback
requirements. No variance shall be granted for Lot 5.
2. All city ordinances and requirements shall be adhered to.
3. -All drainage and --utility easements shall be,vacated.and. relocated -to
conform with the new lot line.
Thomas, Smith and Egan voted yes; Blomquist and Wachter voted against.
E -Z AIR PARR - CONDITIONAL USE PERMIT - PYLON SIGN
The application of Nordquist Sign Co. for conditional use permit for 27
foot high pylon sign in Plainview Addition for the E -Z Air Park was next
heard.. The Planning Commission at its May 28, 1985 meeting recommended
_approval, subject -to conditions including reduction in the size of -the sign to
.125 -square feet_ _Dale Runkle reviewed the application and a representative of
the applicant was present. Wachter moved, Smith seconded -the-motion'to
.approve the application, subject to the following conditions:
1. The sign shall not .exceed 27 feet in .height.
2. The sign shall be located at least 10 feet from any property line.
3. All other City ordinances and requirements shall be adhered to.
- 6. The signs shall -be oriented perpendicular -to the I -35E right-of-way in
_mder..:to .--imi za.,exposure . -to ..the -.fTEEYaf. _.�d._e.minimi-a ..thedupact -on -the
.. _.zdiace t =ezid®res. -
5. The sign shall not exceed 125 square feet per side.
All voted in favor.
%Z✓
tl
THE EAGAN HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION
BEING A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INTEREST RATE REDUCTION LOAN
AGREEMENT IN CONNECTION WITH THE TAX INCREMENT
FINANCING PLAN FOR A TAX INCREMENT FINANCING DISTRICT
(CINNAMON RIDGE HOUSING PROJECT) BY THE EAGAN
HOUSING AND REDEVELOPMENT AUTHORITY.
WHEREAS, the City of Eagan (the "City") has adopted a multifamily housing
development program (the "Program'l and proposes to issue housing revenue bonds
(the "Bonds") pursuant to Minn. Stat. Section 462C.07 in order to finance the
Program; and
WHEREAS, the Minnesota Housing Finance Agency (the "MHFA") has
reviewed and approved the Program; and
WHEREAS, The Eagan Housing and Redevelopment Authority (the
"Authority") is authorized to undertake interest reduction programs to assist the
financing of construction of rental housing units which are primarily for occupancy
by individuals of low or moderate income in accordance with Minn. Stat. Section
462.445, Subds. 10, 11, Ila and 12; and
WHEREAS, the City has considered an Interest Reduction Program to assist
the financing of the multifamily housing .development to be financed with the
Bonds (the "Interest Reduction Program") and has promulgated regulations for the
Interest Reduction Program; and
WHEREAS, pursuant to Minn. Stat. Sections 462.545 and 273.75, Subd. 4, the
Authority is authorized to use tax increment to defray the costs of a project,
including an interest reduction program; and
WHEREAS, in connection with the establishment of the tag increment
_ htrict (the "District') by the Authority pursuant to the Minnesota Tax. Increment
Financing Act, Mirm. Stat., Sections 271.71 to 273.78 inclusive (the "Act'), the
approval by the Board of Commissioners (the "governing body") of the Authority of
the tax increment plan is _required by the local governing body before it will
consider for approval said plan; and
WHEREAS, there was presented to a meeting of the governing body of the
Authority for its consideration and approval, a copy of an interest reduction
program project plan and a tax increment plan for the district dated May 1, 1985,
which plan is. entitled Interest Reduction Program Project Plan and Tax Increment
Financing District -Plan for the Cinnamon-Ridge.Housing Project (the "Plan"); and
''WHEREAS, the Authority prepared the Plan and sabh ttted the Plan to the
City Planning Commission of the City of Eagan (the "Planning Commission") for its
review and opinion and to the Board of Commissioners of Dakota County for their
review and comment; and
73
WHEREAS, by the passage of a Resolution of the Board of Commissioners of
the Authority, dated June 18, 1985, the Authority approved and adopted the
Interest Reduction Program Project Plan and Tax Increment Financing District
Plan for the Cinnamon Ridge Housing Project; and
WHEREAS, in order to carry out the terms and conditions of the Plan, the
Authority proposes to enter into an Interest Rate Reduction Loan Agreement (the
"Agreement") with Cinnamon Ridge Limited Partnership, a Minnesota limited
partnership (the "Developer"), pursuant to which the Developer will be obligated to
repay the amounts advanced to the Developer by the Authority in accordance with
the Plan:
NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners of
The Eagan Housing and Redevelopment Authority:
Section 1. The Chairman and the Executive Director of the Authority are
hereby authorized and directed to execute and deliver the Agreement and, when
executed and delivered as authorized herein, the Agreement shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and shall be in full force and effect from the date of execution and delivery
thereof. The Agreement shall be substantially in the form on file with the
Executive Director on the date hereof, and is hereby approved, with such necessary
variations,. omissions, and-insertions'as do not materially affeet.1he substance of
the. -transaction sand. as the Chairman -and the Executive. Director, .in. their
discretion, shell determine; provided that the execution thereof by the Chairman
and Executive Director shall be conclusive evidence of such determination.
Section 2. The Board of Commissioners of the Authority, officers of the
Authority, and attorneys and other agents. or employees of the Authority are
hereby authorized to do all acts and things required of them by or in connection
with this resolution and the Agreement and the other documents referred to above
for the full, punctual, and complete performance of all the terms, covenants, and
agreements contained in the Agreement and the other documents referred to
above, and this resolution.
Section 3. If for any reason the Chairman of the Board of Commissioners
.of -the -Authority is unable to execute and deliver the Agreement.referied to in this
Resolution, any other member of the Board of Commissioners of the Authority may
execute and deliver such document with the same force and effect as if such
documents was executed by the Chairman. If for any reason the Executive
Director of the Authority is unable to execute and deliver the Agreement referred
-to -in this Resolution, such document -may-be executed and delivered by any other
member of the Board of Commissioners of the Authority or the DeputyExecutive
Director with the same force and effect if such documents were executed and
delivered by the Executive Director of the Authority.
Section 4. All costs incurred by the Authority in connection with the
. i:eaemtion and _delivery of -the Agreement or: any athee mpeement_morinstimment
relative to -the Agreement, shall be paid by the Developer or reimbursed by the
Developer to the Authority.
Section S. This resolution shall be in full force and effect from and after
its passage.
* 2
Adopted by the Board of Commissioners of The Eagan Housing and
Redevelopment Authority this 5th day of November, 1985.
Attest:
Motion made by:
:--Seconded' ,by.,,.
Date:
,5 3
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Eighteen
CONDITIONAL USE PERMIT/BEER & WINE LICENSE/SLICERS PIZZA
.-A. 'Conditional Use Permit to .Allow Beer.& Wine in a CSC (Community
Shopping Center) Zone and On -Sale Wine and Beer License for
'Slicers -Pizza Restaurant -- An 'application )was received by Slicers
Pizza_.Restaurant .for .a. beer...and .wine. -license. ._.The .Eagan Police
+.:Department:; -has -:investigated-:the ..owners,.. -:Thomas. -Miller .:and -James
:.:`.Driscoll, -::and .:find . no reason to deny .-the -application. :- -A copy
-of---the"investigation is'=enclosed -on page ��� For. -.a: -copy -of
the -liquor -license application, refer to the attachment- without
page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the -
-_on-sale--wine_and beer license for Slicers Pizza Restaurant.
76
3930 Pilot Knob Road
Eagan, Minnesota 55122
October 15, 1985
TO: THCMAS..HEDGES.,.CITY. ADMINISTRATOR
FROM: PATRICK GEAGAN, ADMINISTRATIVF, CAPTAIN t�lY
SUBJECT: LIQUOR LICENSE APPLICATION
SLICER'S PIZZA RESTAURANT
2113 CLIFF ROAD. EAGAN
'The Eagan Police Department has investigated the
owners,.'Phomas Miller and James.Driscoll, of
-'Slirrer'-s Pizza in regards -to a Liquor: -.License
Application..
We have also investigated Nancy Unker who will
be the manager of Slicer's Pizza.
We find no reason to deny application based on
the background checks of the above named
individuals.
PG/ma
77
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
police
department
AV M. aEHTHE
GN W Pdb
PATRICK J. GEAGAN
'
MnMnmYw 4pu:n
w
f
KENNE
TH O. AMANN
52
]� cA a�
dtv o
_a `�`�
Ow mSZ
3930 Pilot Knob Road
Eagan, Minnesota 55122
October 15, 1985
TO: THCMAS..HEDGES.,.CITY. ADMINISTRATOR
FROM: PATRICK GEAGAN, ADMINISTRATIVF, CAPTAIN t�lY
SUBJECT: LIQUOR LICENSE APPLICATION
SLICER'S PIZZA RESTAURANT
2113 CLIFF ROAD. EAGAN
'The Eagan Police Department has investigated the
owners,.'Phomas Miller and James.Driscoll, of
-'Slirrer'-s Pizza in regards -to a Liquor: -.License
Application..
We have also investigated Nancy Unker who will
be the manager of Slicer's Pizza.
We find no reason to deny application based on
the background checks of the above named
individuals.
PG/ma
77
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Nineteen
WAIVER OF PLAT/DEBRA 8 DAVID BAILEY
B. Waiver of Plat for Debra & David Bailey for a Lot Split
on Lot .2., Carlson .Acres -- An :application was made by ,David
and Debra Bailey .for a waiver of plat for :L-ot .2., .Carlson Acres.
For -a copy of this waiver of plat application, refer to the
'City Planning 'Department report -found on pages through
F/
`:ACTION": TO 5M --CONSIDERED -ON 'THIS, 'ITEM: -To "approve or-=deny..the
waiver-of:.-platsas,presented.
110
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: DAVID & DEBRA BAILEY
LOCATION: LOT 2, CARLSON ACRES, NE; OF SECTION 28
EXISTING ZONING: R-1, SINGLE FAMILY
DATE OF PUBLIC HEARING: OCTOBER 22, 1985
'DATE OF.REPORT: OCTOBER 15, 1985
REPORTED BY: JIM STURM
APPLICATION SUBMITTED: An application has been submitted requesting
a Waiver of Plat in order to split 1 lot into 2 separate lots
in Carlson Acres south -of Diffley Road.
;COMMENTS.: ".The subject .:lots has- a .total of .39,762 sq. ft. Parcel
.'A (where existing house .-is) will --become 21,:869 sq -ft and parcel
'B -will be'. 1-7,093 sq 'ft. The placement of a proposed. house on
parcel B exceeds all City setback requirements. County Road
30 (Diffley Road) will shift somewhat to the north when the improve-
ments take place. A secondary service drive will be located
south of .the new road, close to what is the existing Diffley
Road. This service drive will eliminate direct access to the
improved Diffley Road and hopefully create a single safer access
point. The County has assured City Staff that access to these
lots will be provided during the construction process.
If approved the Waiver of Plat shall be subject to all applicable
ordinances.
�7
A
\.L .. IIT rl �
• ..�0 W OO IA'
•vl plq :.I. Oq1 �WgII TI .1 MII L..T�
y� m IML m. ���mle�wLnll w Go
Agenda Information Memo
November 6, 1985, City Council Meeting
Page Twenty
FOUNDATION PERMIT/CINNAMON RIDGE 7TH ADDITION
C. Foundation Permit for Cinnamon Ridge 7th Addition, Can American
-- The City has received a written request from the developers
of the proposed Cinnamon Ridge 7th Addition for the issuance
of a foundation permit at the time of final plat approval.
In the past, the Council has authorized the issuance of a foundation
permit subject to verification that all final plat documents
have been submitted to the County for recording. This .is to
insure that the development is not delayed due to potential
backlogs in processing the final plat for recording at the County.
However, the staff continues to strongly recommend that foundation
permits not be issued prior to the plat being released by the
City for recording. This is due to the fact that once final
plat approval has been granted by formal Council action, there
are significant financial requirements that must be fulfilled
by the developer before the City will execute the final plat
documents and release them for recording at the County. In
_.reviewing this request, it is felt that the 1-2 day delay that
'would .be created by .maintaining our past policy will not be
detrimental to the liability of this proposed development.
ACTION TO BE CONSIDERED ON THIS ITEM= To approve/deny the issuance
of a foundation permit prior to the receipt of final plat applica-
tions for recording at the County.
N
Agenda Information
November 6, 1985,
Page Twenty -One
Memo
City Council Meeting
SPECIAL PERMIT/ADVERTISING SIGN/LOREN SPANDE
D. Special Permit for Advertising Sign, Loren Spande, Developers
Construction -- .An application was made by :Loren Spande for
.Developers 'Construction, Inc.., to locate a .sign ,for Birch Park.
The sign will be located on the southeast corner of Pilot Knob
Road and Deerwood Drive and the dimensions of the sign are proposed
..at A' x.- 8' -.with the.. height :,being 7.'.. - For _additional _information
on .this:: -item,_ -refer: to -the Planner.'s:.:report,. a :copy.::is_:attached
:.on .pages through
ACTION TO BE ':CONSIDERED ON THIS ITEM: To approve .or - deny -.the
special permit for an advertising sign for Loren Spande, Developers
Construction, Inc.
SUBJECT:
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
'DATE OF REPORT:
CITY OF EAGAN
SPECIAL PERMIT
DEVELOPERS CONSTRUCTION
SW; SECTION 22
R.O.W./P.F. PUBLIC FACILITIES
NOVEMBER 6, 1985
OCTOBER 31, 1985
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted for a Special
Permit to allow a directional sign southeast of the intersection
of Pilot Knob Road and Deerwood Drive adjacent to St. John Neumann
property.
::COMMENTS,: 'The :subject sign. is two directional, non -lighted and
will measure approximately 4' x 8'. - This 7' high sign will be
in the 70' half right-of-way but still 59' from the center line
of Pilot Knob Road and 64' from the center line of Deerwood Drive.
Sunshine Construction had a sign 42' from .the center line of
Pilot Knob Road but that was removed in the recent brush clearing
by Dakota County Electric. St. John Neumann has given permission
to Developers Construction to place the .sign on their property
if so desired. Note: The applicant explained that this sign
will be temporary as its intended use will be 1 year to 1' years
only.
Ifapproved the sign shall be subject -to the one time -sign fee
of $2.50 per sq. ft. and all other applicable ordinances.
y4z
NO
r
Y
CIO