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09/11/1979 - City Council Special 00227 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 11, 1979 A special meeting of the Eagan City Council was held on September 11, 1979, at 6:45 p.m. at the Eagan City Hall. Those present were: Mayor Murphy, Councilmembers Egan, Smith, Wachter and Parranto. Also present were City Administrator Hedges and City Attorney Paul Hauge. NU-WAY BUILDERS VS. WILMUS PROPERTIES AND CITY OF EAGAN City Attorney Paul Hauge discussed with the Council the action being brought by Nu-Way Builders against E. H. Wilmus Properties and the City of Eagan scheduled for hearing in the Dakota County District Court on September 12, 1979. It was noted that all Councilmen have been or will be subpoened and, in addition, a number of the staff members have been subpoened for appearance at that hearing. There was discussion concerning the merits of that case and it was explained that the Midland Insurance Company attorney has written a letter indicating that Midland Insurance may not pay a judgment for the City in the event that a judgment is entered against the City of Eagan. No further action was taken and the City Attorney was directed to pursue the matter on behalf of the City. MEADOWLANDS FIRST ADDITION - EAGAN HILLS WEST PARK LAND Mr. Hedges and Mr. Hauge both discussed with the Council a new proposal from Dunn and Curry Real Estate Management, Inc., for purposes of acquiring additional building permits for Meadowlands First Addition through August 1, 1980, or the grant of the maximum of 80 permits under certain conditions. It was noted that the title to the park land adjacent to Meadowlands had not been cleared because of the delinquent real estate taxes and assessments. Several alternatives were discussed short of the developers paying the entire delinquent taxes in which they indicated that they would be unable to do. After considerable discussion, Smith moved and Egan seconded the motion to require that the developers and owners of Meadowlands First Addition pay 150% of $125 of each additional building permit granted in Meadowlands First Addition and, in addition, the $240 per unit park dedication fee which sums will be held in escrow by the City of Eagan, Dunn and Curry Real Estate Management, Inc., and the fee owners until one of the following events shall take place: 1. Dedication of the park land to the City free and clear of any encumbrances; 2. The grant of a total of 80 single family building permits in Meadowlands First Addition; or 3. August 1, 1980. All members voted in favor. OGZ2F3 CITY COUNCIL MINUTES SEPTEMBER 11, 1979 PAGE TWO TAX EXEMPT MORTGAGE FINANCING The City Administrator, Tom Hedges, introduced Richard Lincoln of Miller and Schroeder, the Eagan fiscal consultants, and discussed with the Council certain guidelines for proposed issuance of tax exempt mortgage financing bonds by the City of Eagan. Mr. Lincoln reviewed a document entitled, "City of Eagan, Dakota County, Minnesota, Program for the Issuance of Residential Mortgage Revenue Bonds". There were several aspects of the program reviewed such as definitions, program for acquisition of mortgage loans, standards and requirements relating to the mortgage loans, pursuance of the program and restrictions relating to the acquisition of mortgage loans. After discussion on the matter, City Councilmember Parranto suggested that a section of the proposal be revised to read, "For the first nine months of the program, no more than 20% of the funds can be used to finance townhouses and 20% for condiminiums." It was the consensus of the Mayor and City Council that the program be revised by Miller & Schroeder Municipals, Inc., per their direction and that the City Administrator place the matter on the City Council agenda for the September 18, 1979 meeting. DATED: September 11, 1979 PHH TLH 'CITY CLERK