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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
January 7, 2004
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. OATH OF OFFICE
D. COMMUNITY FORUM:
E. PRESENTATION: Recognition of CERT graduates and awarding of CERT pins
F. APPROVAL OF MINUTES: * November 26, 2003
* December 8, 2003
* December 10, 2003 TAB 1
G. PUBLIC HEARINGS: None Scheduled
H. CONSENT AGENDA:
1. General Disbursements through December 31, 2003: $ 198,816.33
Payroll (12/15/03-12/30/03): $ 12,140.07 TAB 2
2. Licenses TAB 3
3. Review and adopt Council standing rules TAB 4
4. Resolution designating official depositories for 2004 TAB 5
5. Consider Resolution 04-02 approving a 3% standard compensation
increase for regular employees in 2004 TAB 6
6. Appointment of City Engineer for 2004 TAB 7
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FALCON HEIGHTS CITY COUNCIL AGENDA -2-
January 7, 2004
H. CONSENT AGENDA (continued)
7. Appointment of City Attorneys for 2004 TAB S
8. Designation of official newspaper for 2004 TAB 9
9. Final payout of $1,767.68 to Allied Blacktop for 2003 sealcoating TAB 10
project
10. Acceptance of 2004 SCORE Grant from Ramsey County TAB 11
I. POLICY AGENDA:
1. 2004 Council liaison assignments TAB 12
2. Commission reappointments-Planning, Parks & Recreation and TAB 13
Neighborhood
3. Request for action on the option to waive the statutory tort limits
• under the LMCIT insurance plan TAB 14
4. Grant Agreement with Sherman & Associates for the expenditure
of Met Council Grant Funds TAB 15
5. Consideration of amendment to the Building Official Agreement,
and appointment of Steve Westerhaus as Building Official TAB 16
6. Consideration of the amended and restated multifamily development
agreement TAB 17
J. REPORTS FROM COUNCIL MEMBERS:
K. INFORMATION AND ANNOUNCEMENTS:
L. ADJOURNMENT
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CITY OF FALCON HEIGHTS
COUNCIL MINUTES
November 26, 2003
Mayor Gehrz convened the regular City Council meeting at 7:00 PM.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom
and Richard Talbot
Also present: City Administrator Heather Worthington, City Attorney Matthew Foli
and Deputy Clerk Mary Shea Kodluboy
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATION: None Scheduled
APPROVAL OF MINUTES: Council member Kuettel recommended approval of the Council
minutes dated November 12, 2003, with one change on page 3, paragraph 3, last sentence. The
sentence should read: "She asked that she be able to take a peek at the newsletter before it goes
out in December." The motion was unanimously approved.
PUBLIC HEARINGS:
Consider the Vacation of Street Easements and an Alley
Administrator Worthington said the City proceeded with a condemnation of the frontage road
adjacent to the new Dino's parcel in late August: The City has agreed to vacate the easements
on those parcels, and convey the land to the two adjacent landowners, Dino Adamidis and
Steve Wellington, for use as parking. She utilized the overhead projector to describe the
easement areas being proposed for vacation. The City will retain an access easement across the
alley right-of--way, and across the parking lot for purposes of access for residents adjacent to the
new Dino's parcel. The access on the site will not change from its current configuration, and
will still allow residents and patrons of the shopping center access to their homes via the alley,
and the parking lot for the Falcon Crossing Center via the alley and parking lot, as well as access
for public safety vehicles.
Attorney Foli explained that just a small portion of the alley that runs east/west will be vacated
and Administrator Worthington highlighted the location on the overhead projector.
Council member Lamb asked if the sidewalk and bus stop will remain and Administrator
Worthington told him they would.
Council member Lindstrom said that the general consensus of the Planning Commission, during
their review of the site plan for Dino's new restaurant, was that some green space remain, but
recognized the importance of having adequate parking spots to meet code requirements. Dino's
initial site plan included adrive-thru, but Dino removed the drive-thru.
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
November 26, 2003
Consider the Vacation of Street Easements and an Alley (continued)
Council member Kuettel said that residents will still be able to access that area and
Administrator Worthington said that access won't change.
The Public Hearing was opened to the audience for commentary. There was no commentary
from the audience and the Public Hearing was closed.
Council member Lindstrom asked for an update regarding Dino's. Administrator Worthington
said the contractor is attempting to get the concrete curbing and asphalt in before winter. The
sewer work was being done earlier in the day. Construction will take about 60-90 days.
Construction has been slowed because they found an old structure on the site that had been
demolished years ago and dumped into the basement. That material had to be removed before
construction could begin. They are making decent progress.
Council member Lamb said that the City Council has essentially already approved this.
Administrator Worthington said that a neighbor came in with questions about alley access and
they were answered. The construction foreman also changed the curbing for him so that his
access will be better.
RESOLUTION 2003-23
Kuettel moved adoption of Resolution 2003-23 vacating street easements and alley, as described
in Exhibit A, outlined below. The motion was unanimously approved.
EXHIBIT "A"
The easement for street purposes granted by the State of Minnesota to the City of Falcon Heights by quit
claim deed dated May 17, 1997 and filed June 4, 1997 as Document Number 1155682 with the Ramsey
County Registrar of Titles, affecting only that part of the land evidenced by Certificate of Title No. 153297
described below:
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter of the
Northwest Quarter of Section 22, Township 29, Range 23 West, Ramsey County, Minnesota, lying
Northerly of the Westerly extension of the Southerly line of Tract A, Registered Land Survey Number 2;
which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the
North line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet;
thence on an azimuth of 179 degrees 53 minutes 31 seconds for 89.90 feet to the point of
beginning of Line 1 to be described; thence on an azimuth of 269 degrees 53 minutes 31
seconds for 39.50 feet; thence on an azimuth of 179 degrees 53 minutes 31 seconds for
550.89 feet and there terminating.
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FALCON HEIGHTS CITY COUNCIL MINUTES -3-
November 26, 2003
Consider the Vacation of Street Easements and an Alley (continued)
2. The easement for street purposes granted by the State of Minnesota to the City of Falcon Heights by quit
claim deed dated May 17, 1997 and filed June 4, 1997 as Document Number 1155682 with the Ramsey
County Registrar of Titles, affecting only that part of the land evidenced by Certificate of Title No. 81354
described below:
That part of the west 110 feet of Lots 1, 2 and 3 and the west 19.31 feet of Lot 23 and Lot 24 of Block 10,
FALCON HEIGHTS ADDITION, according to the recorded plat thereof and on file in the office of the
County Recorder in and for Ramsey County, Minnesota;
which lies easterly of Line 1 described below:
Line 1. Beginning at the southwest corner of Section 15, Township 29 North, Range 23 West;
thence run easterly along the south line thereof on an azimuth of 88 degrees 48 minutes
49 seconds for 159.53 feet; thence on an azimuth of 359 degrees 35 minutes 10 seconds
for 147.84 feet; thence on an azimuth of 269 degrees 35 minutes 28 seconds for 39.50
feet; thence on an azimuth of 359 degrees 35 minutes 28 seconds for 2000 feet and there
terminating.
3. The alley in Block 10, FALCON HEIGHTS ADDITION, lying west of the plat of KELLER'S
• RE-ARRANGEMENT OF BLOCK 10, FALCON HEIGHTS ADDITION.
CONSENT AGENDA:
Kuettel moved approval of the Consent Agenda, as outlined below. The motion was
unanimously approved.
1. General Disbursements through November 20, 2003: $ 106,471.89
2. Payroll (11/01/03-11/15/03): $ 11,086.32
Council member Lindstrom asked how many people use the web-streaming component.
Administrator Worthington said that she didn't believe there was a counter on it. The City
does get between 20-45 hits on its web-site each day.
POLICY AGENDA
Purchase of New Playground Equipment for Community Park
Administrator Worthington said the Parks and Public Works 5-Year Capital Improvement Plan
has the small play structure at Community Park scheduled for replacement in 2003. $15,000 was
budgeted for replacement. The reasons for replacing this structure: The parts are made from
treated lumber, which contains chemicals; the tires hold water, which can become a breeding
ground for mosquitoes; the slide is damaged and replacing the splintered lumber creates a
• liability; and the surface and edging are not ADA compliant.
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FALCON HEIGHTS CITY COUNCIL MINUTES -4-
November 26, 2003
Purchase of New Playground Equipment for Community Park (continued)
Administrator Worthington said that Community Park currently lacks play equipment that
encourages creative play. Staff provided the Park Commission diagrams of different types
of play structures that stimulate creative play. After reviewing these structures the Park
Commission preferred the "Schooner" model manufactured by Play World Systems and
distributed by Midwest Playscapes of Chaska, MN. The total cost to install this structure,
including ADA compliant curbing and surface, is $21,500. The Lauderdale/Falcon Heights Lions
Club has donated $3,000 toward the purchase of this playground. There was $6,000 budgeted
for rubber ADA surfacing at the Grove Park in 2003, but by using ADA compliant engineered
wood fiber the City saved $5,000. Staff recommends using $3,500 of this money to help pay
for the surface, curbing and installation of the new play structure at Community Park. On
November 10, 2003, the Park Commission voted unanimously to recommend to the City Council
the purchase and installation of the "Schooner" play structure, at a total cost of $21,500.
Council member Kuettel, for the benefit of the cable audience, explained that she is the Council
liaison to the Park Commission. Council member Kuettel said the playground is really used and
the new play structure will be good for 2-12 year olds. It is important for the residents to have a
. safe place to take their children.
Council member Lamb asked if the City has finished complying with the ADA requirements.
Can this money be diverted? Administrator Worthington said that the City is in compliance with
the 2003 ADA Plan. Also, the money will be utilized for the same purpose. Council member
Lamb said that even though the bid is for $21,500, the City can still keep the project within
budget, with the help of the Lions. He thanked the Falcon Heights/Lauderdale Lions for their
continued support.
Council member Lindstrom said that during the Christmas season, the Lions sell Christmas trees
at Community Park. Council member Kuettel commented that she and Council member
Lindstrom, members of the Lions Club, will be taking their turns selling Christmas trees at
Community Park.
Mayor Gehrz said it is important that people know that when they are looking at the bill
for the new play structure, the cost includes freight ($1,272.73) and sales tax ($1,074.27).
Anytime the City purchases something they have to pay sales tax on it. People think the City
doesn't have to pay sales tax but it does. What will happen with the old equipment? Will we
move it or sell it? Administrator Worthington said that because of the chemicals in the treated
wood, it will have to go to a recycling firm that handles hazardous waste. She went on to say
that the lease agreement with the University of Minnesota, the underlying landowner, stipulates
that any improvements on the park stay with the park if/when it reverts to the owner.
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FALCON HEIGHTS CITY COUNCIL MINUTES -5-
November 26, 2003
Purchase of New Playaround Equipment for Community Park (continued)
Mayor Gehrz thanked the Lions for their generous donation of $3,000. Without their help the
City would not be able to offer as many amenities to the community.
Council member Lamb asked why the City doesn't replace the rotting wood on the existing
structure. Would the liability then shift from the manufacturer to the City? Administrator
Worthington said that would be much like voiding a warranty. There are much better materials
available now that are much safer. The surfaces are much more forgiving. The chips are
recycled rubber so they will be safer to fall into.
Mr. Thomas Lageson, 1740 North Pascal Street, asked if the playground equipment at the Falcon
Heights Elementary School is of the same material. Administrator Worthington said that right
now the City is in the process of re-examining the agreement with ISD 623 regarding that
equipment. That was a joint project in the past and the City would like it to be a joint project
in the future.
In response to a question about space and comparability in size to the existing playground
equipment at Community Park, Administrator Worthington said the new playground equipment
will take more space. The use zone will be 47' x 27'. Council member Kuettel said that 36 kids
can play on the new equipment. It will be a larger piece of equipment. Administrator
Worthington said that the City will be buying the equipment now and storing it until spring.
Council member Kuettel commented that by doing this, the City will save a chunk of money.
Talbot moved approval of the purchase and installation of a new play structure for Community
Park, at a total cost of $21,500. The motion was unanimously approved.
Request from John Zanmiller West St. Paul City Council member, to be re-appointed to the
St. Paul Regional Water Services Board of Directors
There was a brief Council discussion about Mr. Zanmiller's request to be reappointed to the
St. Paul Regional Water Services Board of Directors.
Kuettel moved approval of the reappointment of Mr. John Zanmiller to the St. Paul Regional
Water Services Board of Directors, contingent upon him making semi-annual reports to the City
Council and the community. The motion was unanimously approved.
REPORTS FROM COUNCIL MEMBERS:
Council member Lamb said that he, Mayor Gehrz, Heather Worthington and Deb Jones toured
the Housing Resources Center and met with their representatives. It is anon-profit organization
• with the mission to promote affordable housing..
• FALCON HEIGHTS CITY COUNCIL MINUTES -6-
November 26, 2003
REPORTS FROM COUNCIL MEMBERS:
Council member Lamb said that Housing Resources Center offers six different programs:
Information and assistance programs, construction management services, home improvement
and purchase programs, senior housing regeneration program, rehabilitation incentive program
and rental assistance. It was a very interesting visit. He was impressed at the lack of
bureaucracy and the paperwork did not seem very burdensome. Their programs would be
applicable in our community. The City's annual subscription rate would be $5,000 and this
would make all of the City's residents eligible. Their programs are not restricted to people with
low incomes. He suggested that maybe in January all of the Council could familiarize
themselves with this organization.
Council member Talbot said that he has worked with the Housing Resources Center for three
years and has used them as a resource on behalf of the City of Roseville. They are a good
organization. It is important to keep the City's housing stock as vital as possible. HRC offers
low interest loans and grants and the City can use them as a resource.
INFORMATION AND ANNOUNCEMENTS:
• Council member Lamb gave a brief update regarding the new 2-sort recycling program and said
the new method should be easier for residents, at no additional cost to the City.
Council member Kuettel suggested that residents considering purchasing Christmas trees do so
from the Lions. They will begin selling trees at Community Park the day after Thanksgiving.
Council member Talbot said that the City sponsored community playroom at the Falcon Heights
United Church of Christ nursery is open on Wednesday and Friday mornings from 9:30 AM
to 12 noon. Adults may bring their infants and preschool age children to meet with others during
the winter season for indoor social and recreational opportunities. If anyone has questions, check
the City web-site or call City Hall.
Mayor Gehrz read a letter of thanks from the Mayor of Saint Paul, Randy Kelly, to Bill Maertz,
Parks and Public Works Director, for his assistance with the removal and transport of a 45'
Colorado blue spruce donated by Falcon Heights residents Brad and Whitney Burke to the City
of St. Paul for their holiday festivities. She said the City has received a $50.00 contribution from
the St. Paul Foundation for completion of a survey about racism. The money will go into the
Friends of the Parks Fund for improvements and scholarship funds. She said the County has
contracted with Paul Kirkwold, recently retired County Manager, to be Project Manager of the
800 MHz communication system task force. Policy makers will figure out how to pay for the
new system and identify people from the various communities to serve on the task force. She
said the Metropolitan Council has adjusted their projected population numbers for Falcon
Heights. They are now projecting a population of 6,100 by 2010.
FALCON HEIGHTS CITY COUNCIL MINUTES -7-
November 26, 2003
INFORMATION AND ANNOUNCEMENTS:
Mayor Gehrz said the University continues to invite discussion about a stadium. They are no
longer talking about a joint stadium plan between the University and the Vikings. They are
looking at a 55,000 seat capacity stadium and would park about 6,000 cars at the State Fair
on game days. A bigger threat would be a Vikings stadium on the fairgrounds. The
Neighborhood Commission will be sponsoring CPR training on Saturday, December 6, at a
nominal cost of $25.00, and she invited residents to sign up. Some of the funds from the State
CERT grant will be used to design and distribute a refrigerator magnet that will be distributed
via the City newsletter or a separate mailing. Council member Lindstrom asked if the telephone
numbers will stay the same for a period of time. Administrator Worthington said the main
number will stay the same for at least a year. The magnets are inexpensive and it was felt it is
important to get this piece out to people.
Mayor Gehrz said that she met recently with Tom Lageson, one of the candidates for City
Council this fall. He e-mailed a nice written report to the Council and is in attendance this
evening to review some of the resident concerns expressed to him during his door-to-door
campaigning. Mr. Lageson gave a brief, oral review of his written report. One of the most
common resident concerns is speeding and he named a number of City streets and areas where
• residents feel excessive speeding is occurring. Mayor Gehrz suggested that residents contact
City Hall or the police department about speeding problems in their neighborhoods. She said the
City has a supply of "Sidewalk Sammy's" available for purchase by residents for $35.00 each.
"Sidewalk Sammy" can be moved around a block to aid in slowing traffic. Council member
Talbot commented that speeders aren't from Richfield, they are from our neighborhoods. They
aren't thinking as they drive through our neighborhoods, they are on autopilot. They need
to assume personal responsibility for their driving habits.
Administrator Worthington said the Ramsey County Board of Commissioners has established
tree and shrub waste drop-off sites at the compost sites and this should eliminate some of the
storage on private property. On Monday evening, December 8, 2003, 7 PM at City Hall, the City
will hold its Truth in Taxation hearing, a hearing required by State statute. The City is proposing
a 0% or flat levy for 2004.
The regular City Council meeting was adjourned at 8:30 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
•
CITY OF FALCON HEIGHTS
COUNCIL MINUTES
December 8, 2003
Mayor Sue Gehrz convened the Truth in Taxation Hearing at 7:00 PM.
PRESENT: Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot.
Also present: City Administrator Heather Worthington, Finance Director Roland
Olson and Deputy Clerk Mary Shea Kodluboy
COMMUNITY FORUM: There was no commentary from the audience.
PUBLIC HEARINGS:
Truth in Taxation Hearin
Mayor Gehrz said that the subject of this evening's meeting was the Truth in Taxation Public
Hearing and she outlined the protocol that would be followed. The viewing audience and those
in attendance will have the opportunity to learn and ask questions about the proposed 20041evy
and budget this evening, but City Council action on the proposed 20041evy and budget will
• take place at the Council meeting on December 10, 2003. She said that an oral presentation
will be made by Administrator Worthington, with assistance from Finance Director
Roland Olson.
Administrator Worthington explained that each year, cities over 5,000 in population are required
by the State Legislature to hold Truth in Taxation Hearings to explain their proposed budget
and levy for the following year and the tax notices that are mailed in mid-fall each year by the
County. Each taxing authority (County, City, School District) is required to hold these hearings.
Administrator Worthington utilized the LCD and overhead projectors to present information
about the 0% increase in Falcon Heights' levy for 2004 and the proposed budget
of $1,429,919 for 2004.
The Public Hearing was opened to the audience for commentary.
Ms. Janet Massey, 1743 Maple Court, said that she came to the meeting this evening because she
is interested in the process and what the City Council does.
Mayor Gehrz thanked Ms. Massey for coming this evening. She said she knows that people
watch the Council meetings on television and it is nice when there is someone live in the
audience.
• There was no further commentary from the audience and the Public Hearing was closed.
8
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
• December 8, 2003
Truth in Taxation Hearing (continued)
Council member Lamb asked if fiscal disparities are going up or down in 2004. Administrator
Worthington said that it will be up about $3,000 in 2004. Council member Lamb said the City is
levying the same amount of money for 2004 as it did for 2003. He asked if the City has a
breakdown of the residential parcels. Administrator Worthington said that this year's statement
from the County did not break down the information as thoroughly as in the past. She gave a
brief, oral review of the stratified percentage change and change in total property tax from 2003
to proposed 2004 on residential properties in Falcon Heights. Council member Lamb said that
the point he is trying to get to is that the City is holding its dollar amount constant. Some people
are seeing City property tax increases on their proposed property tax statements and he would
like to know why.
Finance Director Olson said that on the homestead credit, $304 is the maximum credit.
Properties valued at $76,000 or less are the only ones getting the homestead credit. The
Legislature adopted a sliding scale. Residents are losing some of their homestead credit. There
were some class rate changes for commercial, industrial, and apartment buildings.
Mayor Gehrz said the Council will be voting on the levy on budget at the regular Council
• meeting at 7:00 PM on Wednesday, December 10, 2003.
The meeting was adjourned at 7:30 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
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CITY OF FALCON HEIGHTS
COUNCIL MINUTES
December 10, 2003
Mayor Gehrz convened the regular Council meeting at 7:00 PM.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom
and Richard Talbot
Also present: City Administrator Heather Worthington, Finance Director
Roland Olson, Parks/Public Works Director Bill Maertz, Deputy Clerk Mary Shea
Kodluboy, Parks Commission Chairperson Chuck Long, and Falcon
Heights/Lauderdale Lions Club President John Anderson
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATION:
Donation from the Falcon Hei~hts/Lauderdale Lions Club for play~round equipment at
Communit~Park
Mr. John Anderson, President of the Falcon Heights/Lauderdale Lions Club, presented a check
for $3,000 to Chuck Long, Parks Commission Chair, and said that this contribution is for the
• purchase of new playground equipment at Community Park. He reminded the viewing audience
that the money is raised through the Lions Club's annual Christmas tree sales at Community
Park. Parks Commission Chair Long accepted the check for $3,000 on behalf of the City and
thanked the Lions Club for their generous contribution. He said the new playground equipment
will replace the current structure that has outlived its useful life. The Lions Club has supported
the City's parks and recreation programs and has provided funds for the new picnic shelter, the
gate and the iron fencing. Council member Talbot thanked the people who take the time to write
and submit grant applications on behalf of the City.
APPROVAL OF MINUTES:
The December 8, 2003 Council meeting minutes will be available for Council consideration
at the January 7, 2004 Council meeting.
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
Kuettel moved approval of the Consent Agenda, as outlined below. The motion was
unanimously approved.
1. General Disbursements through December 5, 2003: $ 33,345.14
• 2. Payroll (11/15/03-11/30/03): $ 11,569.20
/D
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
December 10, 2003
CONSENT AGENDA (continued)
3. Liquor Licenses - Ciatti's, J's Liquor and Pizza Hut. Approvals contingent upon the
City's receipt of all necessary paperwork, insurance and fees by December 31, 2003.
4. Increase Budget Line Items in the Community Development Fund
5. Establish the budget line items of the Special Revenue Fund CERT/CCC
6. Increase Budget Line Items in the Special Revenue Fund 204
POLICY AGENDA:
Consideration of Resolution 03-24 Adopting the 2003 Property Tax Lew of $874,338
Mayor Gehrz explained to the viewing audience that the City's Truth in Taxation hearing was
held on Monday evening, December 8, and Administrator Worthington and Finance Director
Olson had made presentations. There was one resident in attendance that wanted to learn more
about the process. The levy and budget being proposed for 2004 are the culmination of more
than six months of work on the part of the City Council and staff.
• Administrator Worthin on introduced Finance Director Olson and said that on Monday evening
Council member Lamb had a question about property tax increases/decreases.
Finance Director Olson utilized the overhead projector to give an overview of the proposed levy
and budget for 2004, and describe the major factors that affect property taxes for residential,
apartment buildings and commercial/industrial. Administrator Worthington commented that the
only item that the City has control over is the tax levy, the spending.
Mayor Gehrz explained, for the benefit of the viewing audience, that the basis for the discussion
is that the City did not increase the taxes from 2003 to 2004. The intent was to use other
resources to maintain current City services. The City kept the levy the same but some properties
are seeing a slight increase in their property taxes to be paid in 2004. The question being asked
is why is that? Finance Director Olson has explained the combination of factors.
RESOLUTION 2003-24
Talbot moved adoption of Resolution 2003-24 approving the property tax levy for 2004 in the
amount of $874,338. The motion was unanimously approved.
Council member Kuettel said that staff and the City Council have worked long and hard on the
budget and have tried to be as creative as possible.
FALCON HEIGHTS CITY COUNCIL MINUTES -3-
December 10, 2003
Consideration of Resolution 03-25 Adopting the 2004 Budget
Mayor Gehrz said that the City lost $100,000 of Local Government Aid in 2003 and will lose
$100,000 in 2004. This money helps the City pay for services that are mandated by the State.
To handle the loss, the City decided to transfer approximately $135,000 from reserves and
created a Reserve Policy.
Council member Lindstrom said the City has lost Local Government Aid but has also lost tens
of thousands of dollars in State tax. For a number of years, cities have had to pay sales tax
on their purchases. That adds up to quite a bit of money.
Council member Talbot said that in December, it seems like such a quick, simple thing, but the
City Council and staff started working on the budget in June, 2003.
Mayor Gehrz said that this year, the State Fair started to assist with paying for some of the
policing costs. The City has applied for and received grants, and will continue to develop new
sources. She invited anyone with ideas that are legal to let the City know about them.
RESOLUTION 2003-25
Lamb moved adoption of Resolution 2003-25 approving the 2004 budget in the amount
of $1,429,919. The motion was unanimously approved.
Purchase of 10 SCBA Units for Fire Department
Administrator Worthington said that in mid-2003, the City received a grant in the amount
of $12,904.02 for the purchase often (10) Self-Contained Breathing Apparatus (SCBA), with the
requirement that the City purchase at least $18,000 worth of equipment in order to receive the
grant. The cost per SCBA was estimated at $1,800 for the purpose of that grant, based on
information Ramsey County obtained. The Fire Department needs to replace 10 units at this
time. When the City bid out the SCBA's, however, the per-unit cost was almost twice that
amount, $3,295.00. The City's participation in the original grant would have been $6,000; the
participation amount would now be almost $20,045.98. If the City does not apply to the County
to use this grant by December 31, 2003, the City will lose the money.
Staff has been exploring all other options, including replacing our SCBA with ahigh-pressure
system (we now have low-pressure SCBA), and obtaining other price quotes. The units we are
considering are the lowest price we can get, but these units are not part of Saint Paul's Joint
Purchasing Master Contract, unfortunately, as Saint Paul has converted to ahigh-pressure
system. If we were to purchase high-pressure units, we would need to convert our entire SCBA
group over to high-pressure for safety reasons, and replace our cascade system (which is used for
• filling the tanks).
I~
• FALCON HEIGHTS CITY COUNCIL MINUTES -4-
December 10, 2003
Purchase of 10 SCBA Units for Fire Department (continued)
Administrator Worthington said this would exceed the amount we would pay for the low-
pressure SCBA we are hoping to replace at this time (approximately $37,500 for the SCBA and
$5,000 for the cascade system, for a total of $42,500). For this reason, staff is recommending
that we purchase l Olow-pressure SCBA units at a cost of $3,295.00, for a total of $32,950.00,
minus the $12,904.02 grant, for a final total of $20,045.98. Staff also considered purchasing
fewer units; however, the rate of return on the City's investments is at less than 2% at this time,
and the price increase in SCBA units has been close to 5% per year in the last several years. For
this reason, it makes sense to replace those ten units now, rather than replace them at a rate of
one or two per year for the next five years. The purchase of these units will be funded out of the
Public Safety Capital fund, and the City will not be replacing any more SCBAs until 2007.
A brief discussion followed.
Kuettel moved approval of the expenditure of $20,045.98 for the purchase often SCBA, and
application to the County for the grant in the amount of $12,904.02. The motion was
unanimously approved.
• Establishment of NE Quadrant Traffic Task Force
Administrator Worthington said that in mid-2003, during the public hearing on the new Dino's
restaurant site plan, several neighbors in the Crawford/Arona area expressed concern about the
amount of cut-through traffic and the speed of that traffic on local, residential streets. At that
time, the Planning Commission suggested that a task force be developed to meet, discuss and
research these issues. Staff mailed out invitations to residents in the NE Quadrant on July 16,
soliciting members for the task force. Positive responses were received from the following
residents and business owners in the area interested in serving on the Task Force:
Nina Semmelroth Wendy Noble
Jeanette Pasek Thomas McClellan
Doug Bossard Rachel Berger
Don Sobania Jason Adamidis (representing Dino's)
Cap Hanson
Administrator Worthington said that after the first meeting, staff will report back to the Council
on the Task Force's recommendations for moving forward, and establish a policy to guide future
requests for traffic studies.
Council member Lindstrom asked what the projected timeframe will be and Administrator
• Worthington projected it will be a six to eight month process.
• FALCON HEIGHTS CITY COUNCIL MINUTES -5-
December 10, 2003
Establishment of NE Quadrant Traffic Task Force (continued)
Council member Talbot said that traffic is a hot issue and it isn't something that is easily
resolved overnight. He endorsed the formation of a Traffic Task Force.
Lindstrom moved approval of the establishment of the NE Quadrant Traffic Task Force, and
endorsement of the roster. The motion was unanimously approved.
Technolog~pgrades Due to the Conversion of the City's Computer Network
Administrator Worthington said the City is in the process of converting its computer network
over to Roseville's network. As part of the conversion, there are several workstations that either
need to be upgraded or replaced because the hardware will not support the network program that
Roseville uses. Roseville will make new computers available to us at their contract price, and
used computers for a nominal fee. In addition, we will be able to purchase software upgrades for
some existing computers under their contract arrangement.
The following workstations will be updated, or replaced:
• Department:
Public Works 1 new, 1 used $1,200
Planning 1 new $1,100
Finance 1 new $1,000
Recreation 1 used $100
Forestry 1 used $100
Administration 3 upgrades $1,353
Total $4,853
While this amount does not exceed the Administrator's expenditure limit, it is very close, so staff
wanted to get Council approval on this expenditure. The funds for this expenditure will be taken
from the 2003 CIP allocation under General Capital for Computer Replacement in the amount of
$4,000, and $853 from the GIS line item in the General Capital portion of the budget. The
increased functionality, and network services will also be provided to our GIS efforts, so this is a
logical funding source for this expenditure.
A brief discussion followed.
Kuettel moved approval of the expenditure of $4,853 for the replacement and upgrade
of computer equipment due to the conversion of the City's computer network. The motion was
• unanimously approved.
FALCON HEIGHTS CITY COUNCIL MINUTES -6-
• December 10, 2003
REPORTS FROM COUNCIL MEMBERS:
Council member Kuettel said that the 1-day immunization program offered at Twin City Co-ops
earlier in the day was very popular. Normally they get about 70 people and this year they had
over 600. She said there is an article in this week's issue of the Roseville Review about
Rolf Leary, a resident of Falcon Heights, who participated in the World Trade Center Site
Memorial Competition. His design, a 4" high hand blown glass tear drop on a wooden base, has
a panel for personal memorials and can be lighted from below. The TearDrops can be purchased
through the Hamline United Methodist Church and Blomberg Pharmacy.
INFORMATION AND ANNOUNCEMENTS:
Council member Lamb said the Twin Cities has experienced its first big snow of the snow of the
season. He asked Falcon Heights residents to make an effort to shovel around fire hydrants and
take a couple of extra minutes to shovel their sidewalks.
Council member Talbot said that there has been talk about connecting with neighbors. Be
neighborly. Be a friend. See if anyone on your block needs help. Maybe the kid down the block
needs a job. He thanked the Lions Club for their $3,000 gift and suggested that residents buy a
. Christmas tree from them.
Council member Lindstrom said that he also wanted to thank the Lions Club. It's great to know
that the money raised in the community goes back into the community.
Mayor Gehrz reminded everyone that the Council meetings' schedule for January, 2004, will
be different. The Council held two meetings this week, with tonight's meeting being the last
one for December. Because of the gap between now and the regularly scheduled meeting on
January 14, it was decided to hold the first January Council meeting on January 7 and the second
meeting on January 28. She read a thank you note from Patrick Norris, a St. Paul resident
employed by Hermes Floral, who participated in the second series of CERT trainings just
completed. There were 21 graduates and she hopes they will be able to attend the first Council
meeting in January. On Saturday, December 6, twelve people participated in a CPR training
program offered by the Neighborhood Commission. She said that she hopes everyone has a safe
and happy holiday season.
Administrator Worthington reminded the cable audience that the City doesn't declare snow
emergencies. When there is a snowfall of 2", vehicles are to be moved off the streets until they
are plowed curb to curb. She asked people to shovel their sidewalks, particularly for the benefit
of elderly and children. Even if you live in rental housing, please shovel your sidewalks.
Council member Talbot said that people need to keep their vehicles off the streets if it continues
• to snow.
IS
FALCON HEIGHTS CITY COUNCIL MINUTES
• December 10, 2003
The regular City Council meeting was adjourned at 8:15 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
•
•
-7-
/L
•
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
CONSENT Hl
1/07/04
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summarv•
1. General Disbursements through
December 31, 2003 in the Amount o£
2. Payroll (12/15/03-12/30/03) in the Amount of:
ATTACHMENTS:
~ General Disbursements
• Payroll
• ACTION REQUESTED:
~ Approval
$198,816.33
$ 12,140.07
DATE 12/29/03 TIME 08:40 CITY OF FALCON NEIGH COUNCIL REPORT PAGE
APPROVAL OF BILLS
PERIOD ENDING: 12-31-03
~K# VENDOR NAME DESCRIPTION DEPT. AMOUNT
METROPOLITAN COUNCIL JAN/04 S.S. -------- 40,261.00
MINNESOTA GFOA 2004 MEMBERSHIP -------- 40.00
MN NCPERS LIFE INSURANCE JAN/04 INS -------- 48.00
42923 LEAGUE MN CITIES INS TRUS 2004 WORKMANS COMP INS -------- 9,476.00
NORTHWEST YOUTH & FAMILY 2004 COOPERATIVE SVC -- 7,358.00
ST ANTHONY VILLAGE JAN/04 POLICE SVCS -------- 38,585.84
*** TOTAL FOR DEPT 00 95,768.84
RCLLG RCLLG MTG:TALBOT&KUETTEL LEGISLAT 70.00
RAMSEY COUNTY CITYSHARE/TNT NOTICES LEGISLAT 306.17
LILLIE SUBURBAN NEWSPAPER TRUTH-N-TAXATION NOTICE LEGISLAT 66.96
LILLIE SUBURBAN NEWSPAPER STREET EASEMENT/ALLEY LEGISLAT 33.48
*** TOTAL FOR DEPT 11 476.61
AMERICAN OFFICE PRODUCTS NAME PLATE ADMINIST 10.65
AMERICAN OFFICE PRODUCTS PAPER/ENVELOPES/BINDERS ADMINIST 429.32
AMERICAN OFFICE PRODUCTS INKCARTRIDGES ADMINIST 121.67
42926 ICMA RETIREMENT TRUST 457 302632 WORTHINGTON ADMINIST 200.00
H.P. PIPEWORKS REFUND/OVER PYMT ON PRMT ADMINIST 30.50
METROPOLITAN AREA MANAGE- NOV MEETING EXP ADMINIST 18.00
METROPOLITAN AREA MANAGE- DEC HOLIDAY MEETING EXP ADMINIST 60.00
42917 PERA DEC 1-15 PERA WITHHOLDGS ADMINIST 1,357.20
42922 PERA DEC 16-31 PERA WITH ADMINIST 1,404.10
RCLLG RCLLG MTG:WORTHINGTON ADMINIST 35.00
2924 RAMSEY COUNTY DEC/03 INS PREMIUMS ADMINIST 4,252.45
2919 U.S. POSTMASTER STAMPS FOR MAILINGS ADMINIST 740.00
*** TOTAL FOR DEPT 12 8,658.89
NORTH SUBURBAN ACCESS CO. REIMB;MAUREEN CABLE WORK COMMUNIC 67.20
NORTH SUBURBAN ACCESS CO. REIMB;MAUREEN CABLE WORK COhIMUNIC 100.80
MCI WORLDCOM RES SVC LONG DIST CHRGS COMMUNIC 26.47
42918 U.S. POSTMASTER POSTAGE BULK MAILINGS COMMUNIC 1,500.00
QWEST TELE COMMUNIC 603.03
NEXTEL COMMUNICATIONS,INC WIRELESS SVC NOV22-DEC21 COMMUNIC 26.44
*** TOTAL FOR DEPT 16 2,323.94
CITY OF LITTLE CANADA 3RD & 4TH QTR BLDPERMITS PLANNING 10,561.20
42921 PAKOY, GENE 4TH QTR MECHANICALS PLANNING 1,799.63
*** TOTAL FOR DEPT 17 12,360.83
SBC PAGING PAGER RENTALS EMERGENC 33.46
XCEL ENERGY ELECT CIVIL DEFENSESIREN EMERGENC 6.28
NEXTEL COMMUNICATIONS,INC WIRELESS SVC NOV22-DEC21 EMERGENC 39.66
*** TOTAL FOR DEPT 21 79.40
RAMSEY COUNTY 2002 CITATION BOOKS POLICE 1,157.40
RAMSEY COUNTY 2003 CITATION BOOKS POLICE 1,196.80
*** TOTAL FOR DEPT 22 2,354.20
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE HALL FIRE FIG 52.77
AMERIPRIDE LINEN&APPAREL FIRE HALL LINEN CLEANING FIRE FIG 52.77
KEEPRS,INC./CY'S UNIFORMS NAME TAGS 3 FIRE FIGHTRS FIRE FIG 52.11
• EMERGENCY APPARATUS-MAINT 757-TRANS& GENERATOR SVC FIRE FIG 2,051.73
~°°~
A~~
iS
DATE 12/29/03 TIME 08:40 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 12-31-03
•CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----
HINRICHS,RICH 4TH QTR CLEANING FIREHAL FIRE FIG 350.00
HINRICHS,RICH REIMB: LINEN FOR MATTRES FIRE FIG 47.88
KURHAJETZ, CLEM REIMB;PAPER/ADHESIVE POU FIRE FIG 19.47
KURHAJETZ, CLEM REIMB;TOOLS/WETDRY VAC FIRE FIG 207.48
MINNESOTA CONWAY FIRE EXTINGUISHER RECHRG FIRE FIG 43.50
OXYGEN SERVICE COMPANY TANK RENTALS FIRE FIG 45.00
OXYGEN SERVICE COMPANY TANK RENTALS FIRE FIG 59.98
SPARTAN PROMOTIONAL GROUP T-SHIRTS FOR FIRE FIGHTR FIRE FIG 304.20
SPARTAN PROMOTIONAL GROUP SWEATSHIRTS/SWEATPANTS FIRE FIG 1,348.92
VERIZON WIRELESS CELL PHONES FIRE TRKS FIRE FIG 20.89
QWEST TELE FIRE FIG 163.81
RAMSEY CTY FIRE CHIEFS 2 PHYSICAL AGILITY TESTS FIRE FIG 181.52
*** TOTAL FOR DEPT 24 5,002.03
BOARD OF WATER COMMISSNRS S.S. CITY HAL 11.69
BOARD OF WATER COMMISSNRS H2O CITY HAL 9.17
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 32.48
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 34.90
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 34.90
CINTAS CORPORATION #470 RUG SVC/ CITY HALL CITY HAL 37.46
42925 HOME DEPOT CRC/GECF POINSETTAS IN LOBBY CITY HAL 219.80
GRAINGER, W. W., INC. RECIPOCATING SAW CITY HAL 279.75
GRAINGER, W. W., INC. TOWELS/TOILET TISSUE CITY HAL 326.66
MINNESOTA CONWAY FIRE EXTINGUISHER RECHRG CITY HAL 103.23
• XCEL ENERGY GAS CITY HAL 617.31
XCEL ENERGY ELECT CITY HAL 751.86
NEXTEL COMMUNICATIONS,INC WIRELESS SVC NOV22-DEC21 CITY HAL 66.11
*** TOTAL FOR DEPT 31 2,525.32
CITY OF ST PAUL CITYSHARE/2003 ST ELECT STREETS 416.27
ONE CALL CONCEPTS, INC LOCATES STREETS 3.10
XCEL ENERGY ELECT STREETS 36.30
XCEL ENERGY ELECT STREETS 85.78
XCEL ENERGY ELECT STREETS 7.44
XCEL ENERGY ELECT STREETS 10.83
XCEL ENERGY ELECT STREETS 72.52
XCEL ENERGY ELECT STREETS 1,787.99
XCEL ENERGY ELECT STREETS 7.38
XCEL ENERGY ELECT STREETS 65.79
XCEL ENERGY ELECT STREETS 7.38
SUPERAMERICA FUEL STREETS 45.60
*** TOTAL FOR DEPT 32 2,546.58
HOWARD GREEN COMPANYC. FH GENRAL SVCS ENGINEER 1,788.00
*** TOTAL FOR DEPT 33 1,788.00
BOARD OF WATER COMMISSNRS H2O PARK & R 19.48
BOARD OF WATER COMMISSNRS S.S. PARK & R 23.38
CITY OF ST PAUL FUEL FOR CITY TRKS PARK & R 122.88
CITY OF ST PAUL RIVER PRINT NOTICES PARK & R 64.73
HAR MAR LOCK & SVC CTR PARK BLDG KEYS PARK & R 18.96
42925 HOME DEPOT CRC/GECF HOCKEY BOARDS/SUPPLIES PARK & R 465.52
2926 ICMA RETIREMENT TRUST 457 302632 MAERTZ PARK & R 100.00
iQ
DATE 12/29/03 TIME 08:40 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 3
APPROVAL OF BILLS
PERIOD ENDING: 12-31-03
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ --------
42926 ICMA RETIREMENT TRUST 457 302632 TRETSVEN PARK & R 100.00
NRG PROCESSING SOLUTIONS SOIL/SOD PARK & R 25.68
XCEL ENERGY ELECT GROVE PK PARK & R 20.89
XCEL ENERGY ELECT/GAS CURTIS PK PARK & R 81.20
XCEL ENERGY ELECT COMM PK PARK & R 548.54
XCEL ENERGY PROTECTIVE LITES PARK & R 21.98
ON SITE SANITATION 2 MONTHS PORTBLE TOILET PARK & R 186.95
ST. PAUL PIONEER PRESS REC COORD ADVERTISEMENT PARK & R 404.00
SUPERAMERICA FUEL PARK & R 25.03
QWEST TELE PARK & R 112.04
LILLIE SUBURBAN NEWSPAPER REC COORD ADVERTISEMENT PARK & R 200.00
*** TOTAL FOR DEPT 41 2,541.26
HOWARD GREEN COMPANYC. FOLWELL WATER MAIN WATER FU 294.18
*** TOTAL FOR DEPT 53 294.18
CAROLINA EMBLEM/EMBROIDRY CERT COMMUNITY PINS CCC/CERT 31.00
W.S. DARLEY & CO. FLARES FOR CERT OUTREACH CCC/CERT 94.38
KRISTIN GRANGAARD NEIGHBORHOOD COMM STAMPS CCC/CERT 37.00
KRISTIN GRANGAARD MISC SUPPLIES CCC/CERT 14.32
KRISTIN GRANGAARD REFRESHMENTS CCC/CERT 6.25
KRISTIN GRANGAARD REFRESHMENTS CCC/CERT 19.69
AALLWAYS ASSOCIATES INFORMATION MAGNETS CCC/CERT 916.09
*** TOTAL FOR DEPT 54 1,118.73
DISTRICT 10 RECYLING/COMM CLEANUP SOLID WA 1,871.43
*** TOTAL FOR DEPT 56 1,871.43
FIRE EQUIPMENT SPECIALTIE 10 SCSA UNITS FIRE & R 32,950.00
42916 HOM FURNITURE NEW MATTRESS SET FIRE & R 539.98
HOM FURNITURE SALES TAX/NEW MATTRESS FIRE & R 37.80
*** TOTAL FOR DEPT 64 33,527.78
KESTREL DESIGN GRP INC TROLLEY PATH ASSESSMENT PUBLIC W 20.00
*** TOTAL FOR DEPT 65 20.00
XCEL ENERGY ELECT SANITARY 22.58
QWEST TELE SANITARY 57.76
*** TOTAL FOR DEPT 75 80.34
HOWARD GREEN COMPANYC. CURTIS FIELD ENG STORM DR 5,108.12
*** TOTAL FOR DEPT 76 5,108.12
42920 COMMERCIAL PARTNERS INC CLOSING -SENIOR APT COMM. DE 20,000.00
*** TOTAL FOR DEPT 79 20,000.00
HOWARD GREEN COMPANYC. SHELDON ENG HOYT AVE 369.85
*** TOTAL FOR DEPT 85 369.85
*** TOTAL FOR BANK O1 198,816.33
•
*** GRAND TOTAL *** 198,816.33
o!~
•
•
PERIOD END DATE 12/30/03 **FILE NDT UPDATED**
SYSTEM DATE 12/26/03
C E E C K R E G I S T E R
CHECK CHECK. EMPLOYEE NAME
TYPE DATE NtII+IDER
PAGE .1
CBECK CHECK
Ntil~ER AMOUNT
CDM 12 30 03 6 Si76AN GEFIIiZ 33291 303.34
COM 12 3D 03 12 LAURA A. RDETTEL 33292 277.05
COM 12 3D 03 13 PETER C. LINDSTROM 33293 277.D5
COM 12 3D 03 14 RICHARD P TALBOT JR 33294 177.05 .
COM 12 30 03 15 ROBERT E LAMB 33295 277.05
COM I2 3D 03 34 Q•a'Mx+*+'*' RVRBFiJETZ 33296 287.20
COM 12 30 D3 42 MICHAEL D CLARKIN 33297 1D8.52
COM 12 30 03 66 ALFRED HERNANDEZ 33298 55.41
CDM 12 3D 03 74 MARK J ALLEN 33299 138.52
COM 12 3D 03 BS DANIEL B JOHN80N-POWER6 333D0 54.64
CDM 12 3D 03 9l RICHARD H HINRICHB 33301 3B.fi4
COM l2 3D 03 1003 HEATHER WORTHINGTON 33304 1350.21
COM 12 3D 03 l0D7 PATRICIA PffiLLIPS 33305 122.63
CDM 12 3D 03 1D13 WILLIAM MAERTZ 33306 1557,59
COM 12 30 03 1030 MARY A. KODLVBDY 33307 1294.76
COM 1z 3D 03 1033 DAVE TRETSVEN 333DB 1119.82
COM 12 3D D3 1038 DEHOuav K JONES 33309 1147,19
COM 12 3D 03 1D41 DANIEL 8 JOHNSON-POWERS 3331D 25.85
COM 12 3D 03 1103 DIANE METER 33311 34.38
CDM 12 3D 03 1136 ROLAND O OL60N 33312 13DD.OD
COM I2 3D 03 1142 ANTHONY ANDERBDN 33313 125.60
COM 12 30 03 1143 CDLIN 8 raT.T•awn*t 33314 690.39
CDM 12 3D 03 1169 JAY PAUL KURTIB. 33315 73.88
CDM 12 3D 03 1173 ELIZABETH M POSTIGO 33316 17.42
COM 12 3D D3 1176 MICHAEL P ECRHERG 33317 140.38
COM 12 30 03 1178 PETER M FISCHER 33318 101.08
COM 12 3D D3 1161 LEAB A BICKER 33319 103.89
'COM 12 30 03 2006 DAMON J. WICKS&M 33320 140,38
CDM 12 30 03 2035 ROSS A. BERNANDEZ 33321 72.03
COM 12 3D 03 2D3T TAYLOR COX 33322 12.93
CDM 12 30 03 2D45 ANDREW P. SCHIPPEL 33323 51.72
COM 12 30 03 2D46. nrmaFa L. ROTFII+iAN 33324 55.41
COM 12 30 03 2D47 KARL GRUHER 33325 101.08
COM 12 30 D3 •2048 TOM HEALKE 33326 51.72
CDM 12 3D 03 2049 COI~TOR CDX 33327 12.93
COM 12 30 03 1039 CRAIG A 6TIER 33328 442.33
COMPUTER CHECKB 1214D,07
MANUAL CHECKS
NOTICE6 OF DEP06IT ~ ,
****TDTALB**** 1214D.07
°~Ca
•
•
CONSENT H2
1/07/04
ITEM:
Licenses
SUBMITTED BY: Mary Shea Kodluboy, Deputy Clerk
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Attached are lists of the businesses that the City requires be licensed by the City.
These lists reflect the businesses that have, to date, submitted licensing applications and fees
for 2004.
ATTACHMENTS:
• Businesses located in Falcon Heights
• General contractors
• Home occupations
• Massage therapy businesses
• Mechanical contractors
• Refuse/recycling haulers
• Tree trimming/treating/removal services
ACTION REQUESTED:
• Approval
~1
2004
FALCON HEIGHTS LICENSED BUSINESSES
American Family Insurance
1551 West Larpenteur
Falcon Heights, MN 55113
Thomas M. Diaz & Thomas R. Larson, Owners
Insurance sales & service 651-209-8900
Buck's Unpainted Furniture
1639 West Larpenteur
Falcon Heights, MN 55113
Randall Buck, Owner
Blomberg Pharmacy
1583 North Hamline Avenue
Falcon Heights, MN 55108
Julie Johnson and Norma Nisle, Owners
Chin's Kitchen
1533 West Larpenteur Avenue
Falcon Heights, MN 55113
Mei Mei Ho, Owner
Ciatti's, Inc.
• 1611 West Larpenteur
Falcon Heights, MN 55113
Kevin P. Scheif, Owner
Clips & Styles
1555 West Larpenteur
Falcon Heights, MN 55113
Lawrence Herber, Owner
Coffee Grounds
1579 North Hamline
Falcon Heights, MN 55113
David Lawrence, Owner
Dino's Gyros
1670 North Snelling Avenue
Falcon Heights, MN 55113
Constantine Adamidis, Owner
Hair Designs Unlimited
1703 North Snelling Avenue
Falcon Heights, MN 55113
Chant Ting Insixiengmay, Owner
•
Furniture 651-646-9647
Pharmacy/cards, gifts, health 651-646-9645
& beauty aids
Chinese restaurant & take-out 651-646-0748
Restaurant & bar 651-644-2808
Beauty salon 651-645-0141
Coffee house 651-644-9959
Greek restaurant -fast food 651-645-8800
Beauty salon & barber shop 651-644-3211
as
FALCON HEIGHTS LICENSED BUSINESSES - 2004
Hamline Hoyt Service, Inc.
1565 North Hamline Avenue
Falcon Heights, MN 55113
Steven Horazdovsky, Owner
Hermes Floral Company, Inc.
1790 West Larpenteur
Falcon Heights, MN 55113
Donald Hermes, Owner
J's Liquors
1557 West Larpenteur
Falcon Heights, MN 55113
James Ward, Owner
Edward Jones
1537 West Larpenteur Avenue
Falcon Heights, MN 55113
Jon Snodgrass, Manager
John A. Knutson & Co., PLLP
1781 North Prior
• Falcon Heights, MN 55113
Robert N. Davis, Owner
Sleep Concepts, Inc.
1705 North Snelling Avenue
Falcon Heights, MN 55113
John Thorud, Owner
Source Comics & Games
1601 West Larpenteur
Falcon Heights, MN 55113
Bob Brynildson, Owner
Automotive repair
Florist -grows & sells floral
products & supplies
Liquor store
Investment company
Certified public accounting
Bedroom furnishings
-2-
651-645-5434
651-646-6344
651-644-6675
651-603-6945
651-641-1099
651-645-3973
Sale of hobbies, games, cards, 651-645-0386
comics
TIES, Inc.- Technological and Information Education Technology training & support 651-999-6000
Services services to school districts
1667 North Snelling Avenue & local governments
Falcon Heights, MN 55113
Co-Directors: Lee Whitcraft/Betty Schweizer
Twin City Co-ops Federal Credit Union 651-215-3450
2025 West Larpenteur Avenue
Falcon Heights, MN 55113
Cindy Hartley, Director of Facilities
• (12/22/03)
~3
•
•
•
2004
GENERAL CONTRACTORS
LICENSED BY THE CITY OF FALCON HEIGHTS
Asphalt Driveway Company 651-494-9416
1211 East Highway 36
Maplewood, Minnesota 55109
Scott Smith, Owner
E. L. Bulach Construction Company, Inc. 651-455-3384
1870 E. 50~' Street -Suite 14
Inver Grove Heights, Minnesota 55077
Steve Bulach, Owner
Kraus-Anderson Construction Company 612-332-7281
525 South 8~' Street
Minneapolis, Minnesota 55404
(12/19/03)
~4
•
2004
HOME OCCUPATIONS
LICENSED BY THE CITY OF FALCON HEIGHTS
Attention Technology
2129 Larpenteur Ave West
Falcon Heights, Minnesota 55113
Carol Kindschi, Owner
Thomas D. Betz, private counseling
1865 Fairview Avenue North
Falcon Heights, Minnesota 55113
Thomas Betz, owner
Independent Practice of Gloria Burgess
1488 West Idaho Avenue
Falcon Heights, Minnesota 55108
Gloria Burgess, Owner
Rose Bed & Breakfast
2129 Larpenteur Avenue West
Falcon Heights, Minnesota 55113
Lawrence Greenberg, Owner
Virtual Junction Business Solutions
1854 North Arona Street
Falcon Heights, Minnesota 55113
Vicki Besemer, Owner
651-642-9104
651-644-6699
651-222-5687
651-642-9417
651-917-2120
(01 /02/04)
2004
MASSAGE THERAPY BUSINESSES
LICENSED IN THE CITY OF FALCON HEIGHTS
Hair Designs Unlimited 651-644-3211
1703 Snelling Avenue
Falcon Heights, Minnesota 55113
C. Ting Insixiengmay, Owner
Ferencz Mihaly Vincze-Turcean, Massage Therapist
•
(12/22/03)
•
~L
2004
MECHANICAL CONTRACTORS
LICENSED BY THE CITY OF FALCON HEIGHTS
Air Mechanical Inc. 763-434-7747
16411 Aberdeen St
Ham Lake MN 55304
Boehm Heating Co 651-644-1410
1598 Selby Ave
St. Paul, MN 55104
CenterPoint Energy-Minnegasco 763-757-6202
13562 Central Ave NE
Anoka, MN 55304
Centraire Htg. & AC., Inc. 952-941-1044
7402 Washington Ave S
Eden Prairie, MN 55344
Fireside Hearth & Home 651-633-2561
2700 North Fairview
• Roseville, MN 55113
Home Energy Center .763-476-1990
15200 25~' Ave N # 128
Plymouth, MN 55447
Horwitz, Inc. 763-425-7566
8825 Xylon Ave N
Brooklyn Park, MN 55445
McQuillan Bros. Plumbing & Heating Co 651-292-0124
688 Hague Ave
St. Paul, MN 55104
Norbloom Plumbing 612-827-4033
2905 Garfield Ave So
Minneapolis MN 55408
St. Paul Plumbing & Heating 651-228-9200
640 Grand Ave
St. Paul, MN 55105
•
~1
MECHANICAL CONTRACTORS LICENSED
• BY THE CITY OF FALCON HEIGHTS - 2004 -2-
Snelling Co. 651-646-7381
1404 Concordia
St. Paul, MN 55104
Wenzel Heating & A/C/Forced Air, Inc. 651-894-9898
4131 Old Sibley Memorial Hwy-#200
Eagan, MN 55122
•
• (12/22/03)
•
I•
•
2004
REFUSE/RECYCLING HAULERS LICENSED IN FALCON HEIGHTS
R=Residential C=Commercial
BFI Waste Services 651-455-8634
4325E 66th St
Inver Grove Heights, MN 55076
(R & C)
(R & C)
(R & C)
Keith Krupenny Disposal Service 651-457-3680 (rolloff dumpsters only)
E-Z Recycling 651-644-6577
875 Prior Ave
St Paul, MN 55104
Gene's Disposal Service 651-426-1224
5923 Oneka Lake Blvd N
Hugo, MN 55038
1214 Hall Ave
West St Paul, MN 55118
Onyx Waste Services Midwest, Inc. 651-459-3029
dba Superior Services St Paul
1375 7~' Ave
Newport, MN 55055
Walter's Recycling & Refuse . 763-780-8464
2830 101St Ave
Circle Pines, MN 55014
Waste Management of MN Inc 952-890-1100
10050 Naples St NE
Blaine, MN 55449
(R & C)
(R only)
(R & C)
(12/22/03)
a9
•
2004
TREE TRIMMING/'I'REATING/REMOVAL SERVICES
LICENSED BY THE CITY OF FALCON HEIGHTS
Date Licensed
•
•
Hugo's Tree Care, Inc.
14728 Irish Ave N
Hugo, MN 55038
Sydney Harrison, Owner
Northeast Tree, Inc.
2527 Jackson St NE.
Minneapolis, MN 55418-3625
George and Lynn Welles, Owners
Precision Landscape & Tree
50 South Owasso Blvd E
Little Canada, MN 55117
Lawrence Groholski, Owner
651-429-4705 12/03
612-910-8280 12/03
651-484-2726 12/03
(12/ 19/03 )
3v
CONSENT H3
1/07/04
ITEM: Review and adopt Council standing rules
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Each year at the first Council meeting, the City Council reviews the operating
procedures it intends to use, and decides if changes are warranted.
Staff has no recommendations for changes in the standing rules at this time.
ATTACHMENT:
• City Council Standing Rules, last amended 1/11/95
ACTION REQUESTED:
• Adopt standing rules as amended 1/11/95 for 2004
31
Amended 1/11/95
•
B. CITY COUNCIL STANDING RULES
INTRODUCTION
In the belief that the best decisions are made by the best
informed decision makers and that the public decision process is
best served when the public has every opportunity to present views,
the following rules are established to govern regular and special
council meetings as well as formal public hearings. There are
several goals behind these rules.
1. In general, free and open discussion by-all interested
parties should be an essential part of the decision-making
process.
2. The council process should have as little procedural
overhead as possible.
3. Time is better spent on substantial matters rather than
proforma matters.
MEMBERSHIP
• The formal council membership consists of the four
councilmembers and the mayor. All five have one vote each and all
five can introduce motions. For purposes of leading the meeting,
the mayor, or in the absence of the mayor the acting mayor, will be
considered the chairperson.
RULES
Agenda
1. To be considered, an item must be on the agenda and the agenda
must be distributed to all the council members and any other
persons having responsibility for an item at least three working
days prior to the meeting. An agenda can be modified with addenda
by a majority vote but this should be used only for minor items or
items with extreme time constraints.
2. An item can be moved from the consent agenda to the action
agenda at the request of any council member.
3. Since there will be audience and cable TV viewers not familiar
with each item, the chair will give a brief explanation of each
item as it is addressed.
C7
Page 2
• 4. The order of items on the agenda need not be followed
absolutely. The chair may adjust the order in the interest of:
a. Filling in time before a scheduled item, i.e. a public
hearing.
b. Grouping several items to best make use of consultant
time.
c. Accommodating individuals who have attended the meeting
specifically to provide .input on an item.
Process - Regular and Special Council Meetings
1. For these proceedings the council will use the 'open
discussion' procedure. That is, discussion is open to any member
before or after a motion is made. This privilege is also extended
to the city administrator, city clerk and any of the consultants
who may have an interest in or can contribute to the item at hand.
2. At the discretion of the chair, this privilege is also extended
to those members of the audience who wish to provide input. The
chair may also rule out of order any input felt to be redundant,
superfluous or irrelevant.
3. The chair can make liberal use of the "unanimous consent"
procedure. That is, items that in the judgment of the chair are
likely to be unanimously approved, can be introduced for approval
with the statement "If there are no objections, stands
approved (or denied) . " If any council member has an objection, the
item reverts to the standard motion procedure. This "unanimous
consent" procedure cannot be used for items requiring formal votes,
i.e. resolutions or for approval of the consent agenda.
4. The standard motion procedure is changed to not require a
second. A motion need only be made to be considered. This also
applies to amendments.
5. To eliminate confusion, only one amendment will be considered
at a time and that amendment must be germane to the motion. An
amendment cannot itself be amended. If a change to an amendment is
deemed appropriate, the amendment should be withdrawn and
reintroduced accordingly.
&. The general mode of voting will be by acclamation but with
enough clarity that the individual votes can be recorded in the
minutes. If in doubt the city clerk can request a clarification.
33
Page 3
C7
7. The meeting will be video taped and the video tape will be
retained for 3 months following approval of the minutes for that
meeting. The standard retention can be extended if in the judgment
of the mayor, city administrator, city clerk or any councilmember
such action is warranted.
8. If the council action is the result of a resident request and
that request is denied in whole or in part, reasons of fact
supporting the denial will be made part of the public record.
9. No council meeting will extend beyond 10:30 P.M. except by
unanimous vote. This rule is not subject to the modification or
suspension provisions of the Standing Rules.
Process - Public Hearings
Since a public hearing is a more formal procedure and often
requires certain procedures and actions to be legal, the meeting
rules are changed accordingly.
1. The primary aim of a public hearing is to take input from the
public. To accomplish this in the most effective manner the chair
• will introduce the hearing with an explanation of the issues. This
explanation will be given by the chair or a person designated by
the chair. The use of explanatory visual aids is encouraged.
2. Following the explanation, input from the public will be taken.
Prior to accepting input, though, the chair will state the areas
where input will be appropriate, the maximum time to be allotted to
any individual presenter and any other procedural rules deemed
appropriate to guarantee that all concerned parties have a fair and
adequate opportunity to be heard.
3. All individuals wishing to speak must fill out and submit an
identification form and speak into a recording microphone.
Individuals not wishing to speak in public may provide a written
statement. The council may take up to 15 minutes to review written
statements presented at the meeting. If the council decides to not
act on the issue at the public hearing meeting, it may by majority
vote extend the time where written input will be taken to a day no
later than 1 week before the next meeting where a deciding vote is
planned.
4. All speakers are expected to be business-like, to-the-point and
courteous. Anyone not abiding by these rules will be considered
out of order.
•
34
Page 4
•
5. The council will refrain from initiating a discussion during
the public input phase of the hearing except to clarify points
brought up. These 'point of information' requests should be held
to a minimum.
6. Once the public testimony phase is complete the chair will
announce the public hearing to be closed and the council will
revert back to its open discussion mode of operation. From this
point on public input will only be appropriate when solicited by
the council.
7. It shall be the intent of the council to vote on the issue at
the same meeting as the public hearing and as close in time to the
public hearing as possible. Should it be necessary to defer voting
until a later date, that procedure will be clearly explained to the
audience.
8. No public hearing will extend beyond 10 P.M.
• 9. If the motion contains conditions, as may occur in conditional
use or variance requests, those conditions will be conveyed in
writing to the requestor.
10. If the public hearing is the result of a resident request and
that request is denied in whole or in part, reasons of fact
supporting the denial will be made part of the public record.
11. If the public hearing is to set an assessment rate, the
assessment formula(s) under discussion cannot be altered. This
implies that the council has fully discussed any formulas prior to
the hearing and that the appropriate legal, fiscal and engineering
consultants have passed on formula(s) viability, legality and
feasibility.
12. If the hearing is to set an assessment, it cannot be scheduled
later than the first meeting in September. This is to allow time
to correct any errors prior to the time needed to certify the rolls
to the county.
•
3S
Page 5
ADOPTION/MODIFICATION/SUSPENSION
These rules with the exception of the mandatory 10:30 P.M.
adjournment can be adopted, modified or suspended in whole or in
part by a 3/4 vote of the council. If suspended, they are
automatically reinstated at the next meeting. Should they be
suspended or a situation occurs that is not covered by the standing
rules, Sikkink's Seven Motion System (attached) will apply.
ANNUAL REVIEW
These rules will be reviewed annually at the first meeting in
February.
INTERPRETATION
The chair will interpret the rules. However, the chair's
interpretation can be appealed by any council member and can be
overruled by a majority vote.
•
•
36
SIKKINK'S SE1/i3V M~TI~N SYSTEM
• ~ General Rules for a Simatified System of Parliamemarv Procedure
1. The purpose of this decision-making system is to allow efficient decision
making that represents a majority position. Any motion, request, discussion or
proposal which seems to have as its purpose unreasonable delay, manipulation,
or the goal of serving individual ends rather than group ends can be ruled out
of order by the chair. Such a ruling by the chair will 6e subject to the motion
called appeal.
2. Free and open discussions are valued in this decision-making system. For that
reason most motions are discussable and the motion to restrict discussion
requires a 2!3 vote in order to pass. In recognizing persons for discussion, the
.chair first recognizes the person who made the motion, next recognizes other
persons and always recognizes a person who has not spoken, over a person
who has already participated in the discussion. As far as possible the chair
should try to alternately recognize persons representing different viewpoints.
3. In examining the chart ori-the fi~ilowing page,-you will Hate that five of the
seven motions are amendable.: However, only one amendment at a time may
be considered. As soon as that amendment is passed or defeated, another
amendment may be proposed.
4. The number in front of the motion fisted indicates the rank of each motion.
Thus, #1 -General motions are lowest in rank and #7 -Restrict Debate motions
are highest in rank. Two rules apply: (1 } You usually cannot consider two
motions of the same rank at the same time, and (2} If a motion of one rank is
being considered, a motion of the same rank or lower rank is usually out of
order but a motion of higher rank is in order. While these rules generally apply,
the chair may allow some flexibility in certain circumstances. These situations
almost always occur with motions #5, 6, and 7. For example, if #7 - °Restrict
Discussion" is being discussed and a member wants a secret ballot vote on the
matter, Request. while lower in rank, could be used to accomplish this purpose.
The chair is allowed to make ai! decisions on exceptions but al[ such decisions
are subject to appeai_
31
Apa(ies Needs Can be Vvte
Wfiat RecoQ_ Needs Dis- Amend- Re-
. To
_
Motion Purpose Situatjons ninon Second cussed able ua fired
•
To stop or All dis-
1. Restrict limit cussable Yes Yes Yes Yes 2/3
Discussion discussion motions
2. Appeal To let the To decision
Majority
group vote of the chair- Nc y~ y~ ~
an a chair's person _
decision
Chair de=
3. Request Not a motion cider sub-
but away to Any appro- jeci to
question. priate No No Nc HO appeal
chailenge,or situation
seek help _
4. Postpone To delay
action on General
any general motions Yes Yes y~ y~ Majority
motion to a
future time
5. Refer To have a
general General
motion motions ~ Yes Yes Yes Yes Malonty
studied by
a committee
6. Meeting To recess
Terming- during a Made to
tion meeting or recess ar Yes y~ Yes Yes Majority
to end a adjaum .
meeting
7. General To bring up
business For doing
for majority business Yes ~ Yes Yes Yes Majority
decisions
by the group
~•
3Y
CONSENT H4
• 1/07/04
ITEM: Resolution designating official depositories for 2004
SUBMITTED BY: Roland Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION/SUMMARY:
US Bank System, LMC 4M Fund (checking account)
US Bank National Association
RBC Dain Rauscher
Citigroup Global Mkts, Inc. (formerly Solomon Smith Barney)
Edward D. Jones
Wachovia Securities (formerly Prudential)
Minnesota Municipal Money Market Fund (4m Fund) and (4M Plus Fund)
MBIA Municipal Investors Service Corporation
US Bancorp Piper Jaffrey
Wells Fargo Brokerage Services, LLC
• All investments are made according to State law and the City's Investment Policy. The
Administrator of Finance Director are authorized to deposit general and other funds therein and
handle investments and transfers of funds for the City of Falcon Heights. Collateral is furnished
by the financial institutions as required by law.
ATTACHMENTS:
• Resolution designating the City's official depositories for 2004
• City of Falcon Height's Investment Policy
ACTION REQUESTED:
• Adoption of Resolution 04-01 approving the official depositories for 2004
•
3Q
No. 2004-01
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: January 7, 2004
A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE
CITY OF FALCON HEIGHTS
BE IT HEREBY RESOLVED, by the city council of the City of Falcon Heights
that the following financial institutions be designated as depositories for funds of the City of Falcon Heights:
US Bank System, LMC 4M Fund (checking account)
US Bank National Association
RBC Dain Rauscher
Citigroup Global Mkts, Ina (formerly Solomon Smith Barney)
Edward D. Jones
Wachovia Securities (formerly Prudential)
Minnesota Municipal Money Market Fund (4M Fund) and (4M Plus Fund)
MBIA Municipal Investors Service Corporation
US Bancorp Piper Jaffrey
Wells Fargo Brokerage Services, LLC
BE IT FURTHER RESOLVED that the Administrator or Finance Director is authorized to
deposit general and other funds therein and handle investments and transfers of funds for the City of Falcon
Heights. Collateral shall be furnished by the financial institutions as required by law.
-------------------------------------------------------------------
Moved by: Approved by:
Susan L. Gehrz, Mayor
January 7, 2004
GEHRZ In Favor Attested by:
KUETTEL Heather M. Worthington
LAMB Against City Administrator
LINDSTROM January 7, 2004
TALBOT
40
• FALCON HEIGHTS INVESTMENT POLICIES
A. Daily Cash Balance Cash Forecasting and Pooling of Investments
The City policy requires the pooling of all available case and investing the total cash at
the highest available rate. Efficient investment of funds starts with knowing what your
cash is on a daily basis, and what your future cash needs will be, particularly for major
bill paying times such as bond payment dates. This includes making weekly deposits of
cash receipts and maintaining small balances in checking and savings accounts.
B. Safety of Principal
Safety of principal is the first priority in investing City funds. The City is only
authorized to invest in those investments complying with the requirements of Minn. Stat.
§ § 118A.04, 118A.05 and 118A.06
C. Authorized Investments
Examples of authorized investments are as follows:
1. Direct U.S. Government obligations
a. Treasury Bills
. b. U.S. Treasury Certificates
c. Treasury Notes
d. Treasury Bonds
e. Treasury Strip Coupon
f. Treasury Receipt
2. Shares in investment companies whose only investments are U.S.
Government and Agency issues.
3. Obligations of the State of Minnesota.
4. Bankers acceptances of United States banks eligible for purchase by the Federal
Reserve System.
5. Commercial Paper -rated A-1, P-1 and F-1 (when available) for maturities of 270
days or less.
6. Irrevocable Letter of Credit (LOC).
7. Interest bearing deposits - (Checking Accounts, CD's, money market savings,
ordinary savings) must be collateralized at a minimum of 110% of face value.
•
4T
D. Collateralization
All deposits in any bank, trust company, or thrift institution over $100,000 must be
collateralized.
Collateralizationmgy be in the form of securities, or notes on first mortgages as outlined
below.
Any collateral pledged to the City's account shall be accompanied by an assignment
thereof to the municipality from the depository.
Collateral shall be deposited with the treasurer, and shall not be deposited in the bank,
trust company, or thrift institution holding it.
Securities pledged as Collateral
The total amount of collateral computed at market value must be in an amount of at least 110%
of all deposits over $100,000.
Securities pledged may be obligations which are legally authorized investment for debt service
funds under Minnesota Statutes Annotated 475.66, Subdivision 3, and qualified state and local
government obligations acceptable to the Finance Director or City Administrator.
• E. Scheduled Maturity
The City schedules a payroll twice a month and pays other claims every other week in
conjunction with Council meetings. The City makes large bond principal and/or interest
payments on February 1, March 1, June 1, August 1, and September 1 of each year. The
other large claim is the Metropolitan Waste Control Commission bill which is due the
first of each month. The City schedules its investments to mature with these dates when
possible.
F. LiquiditX
The City invests approximately 10-25 percent of its available funds in liquid instruments.
These may be instruments such as Commercial Paper or collateralized Insured Savings
Accounts (Money Market Accounts). The City will maintain small balances in checking
and savings accounts. These balances will be to meet normal monthly payments, and
payroll.
Therefore, the purpose of having part of the City's investment portfolio in liquid funds is
to insure that funds could be available should unexpected large bills be presented for
payments.
C]
4~
G. Local Investments
One hundred (100 ercent of
P the total investment portfolio shall be invested in
certificates of deposit or other instruments through banks or other financial institutions.
These investments may be scheduled maturities, or they may be part of the investment
strategy of securing maximum interest rates for part of the investment portfolio.
H. Maximum Interest Earnin s
After the liquidity needs, and scheduled maturity needs are satisfied, the balance of these
funds available for investment are placed with institutions that offer the highest rate of
return consistent with the maturities as determined by the City. Quotations are taken by
telephone for all investments, whether they are short or long term. These investments
must be in authorized investments.
3
APPENDIX
1. Specific Types of Investments
Instruments issued by the United States Government may be direct Treasury Obligations, or they
may be obligations of a federal agency or federal instrumentality. All government issues are
now in book entry form and are not registered to the owner. Principal and interest is credited
directly to the bank and the owner of record. Some Examples are as follows:
United States Government Investments
Direct United States Treasury Obligations:
Treasury Bills
Treasury Bonds
Treasury Notes
Certificates of Indebtedness
Zero Coupon Treasuries
Federal Agencies and Instrumentalities:
Federal Home Loan Banks
Federal National Mortgage Association
Federal Farm Credit System
Federal Land Banks (No New Issues)
Federal Intermediate Credit Bank (No New Issues)
Banks for Cooperatives (No New Issues)
Investments purchased at a discount & maturing at par
FNMA Discount Notes
Federal Farm Credit Bank, Discount Notes
Federal Home Loan Bank, Discount Notes
Commercial Paper
Banker's Acceptance
Treasury Bills
Treasury Strip Coupon ($1,000 denomination)
Treasury Receipt (Larger Denomination)
Investments issued at nar with interest coupons
Treasury Bonds
Treasury Notes
Commercial Notes (GMAC)
FNMA Debenture or Bond
Federal Home Loan Bank Bond
Federal Farm Credit System Wide Bonds
Further information on various types of United States Government Investments are as follows:
TREASURY ISSUES
United States Treasury Certificates -These are coupon issues. They are issued at par and usually
carry two coupons. They mature no more than one year after issue.
Treasury Bills -Offered each week by the Treasury Department with 90 to 182 day maturities.
Monthly Treasury Bills are offered with a maturing of one year. Widely traded and offered at a
discount and maturing at par. May be purchased through dealer banks and bond brokers and sold
to them.
Bills may be purchased directly from the Federal Reserve Bank of Minneapolis, in which case
there is no service charge.
Treasury Notes -Issued with maturities of from two to ten years, minimum denomination is
$5,000. They carry coupons redeemable every six months.
Treasury Bonds -All new issues issued for periods often years or longer in denomination of
$1,000 to $1,000.000. They carry semi-annual interest coupons. Some treasury bonds are
. callable by the government before maturity, and others have fixed maturities.
FEDERAL AGENCY ISSUES
Federal Agency Issues are not guaranteed by the United States Government and therefore
produce somewhat higher yields than Treasuries. The previous experience of the agency is
important when investing in agencies.
Federal Home Loan Bank Notes -Issued by the Federal Home Loan Bank system, which are
instrumentalities of the United States and are under the supervision of the Home Loan Bank
Board.
Federal National Mort~aee Association Debentures - (FNMAI -
Payment of certificates are guaranteed by FNMA. Three types of securities are available,
debentures, short-term notes, and participation certificates.
Federal Land Bank Notes and Bonds -Twelve Federal Land Banks were organized under the
Federal Farm Loan Act to provide long term farm mortgages at reasonable cost. The banks
operated under the general supervision of the Farm Credit Administration and the Secretary of
Agriculture. (No new issues being issued.)
5 4S
Federal Intermediate Credit Bank Debentures -The Federal Intermediate Credit Bank debentures
ranged in maturity from 1-9 months, and were issued every month. They usually were not as
marketable as Treasury Bills, but usually carried a little higher interest rate. Twelve Federal
Intermediate Credit Banks were created under the Federal Farm Loan Act of 1923 and provide
funds for seasonal production processing, etc. The banks aze under the supervision of the Farm
Credit Association, which is under the direction of the Secretary of Agriculture (No new issues
being issued.)
Banks for Cooperatives -Debentures are issued for a maximum six month period. There aze
fewer of these types of issues than the other agency issues mentioned above. (No new issues
being issued.)
Federal Farm Credit System Wide Bonds -These new investments replace Federal Land Bank
Notes and Bonds, Federal Intermediate Credit Bank debentures, and Banks for Cooperatives.
Because of market conditions, the majority are used for short term periods, but may go up to
three years.
OTHER INVESTMENTS
Shares in Investment Companies Whose Only Investments aze United States Government and
Agency Issues -Company must be registered under the Securities Act of 1933, whose shares are
registered under the Securities Act of 1940 (Mutual Funds) if the only investments of the
Company are in obligations of the United States, or fully guaranteed by the United States or in
obligations of Instrumentalities of the United States, such as those listed in Minnesota Statues
475.66.
Funds Which the State Auditors Office has Indicated Meet State Investment Criteria -
Franklin Custodian Funds, Inc., United States Government Security Series Lord Abbett,
United States Government Securities Fund (Lord Abbett), State Bond United States
Government Securities,Inc. Capital Alliance Bond Fund United States Government
Portfolio, Fidelity Institutional Cash United States Government Portfolio.
There may be additional funds which meet the State Auditor's criteria, which I do not have
information on. If in doubt, contact the State Auditor's Office.
Obligations of the State of Minnesota or Minnesota Municiyalities -Obligations of the State of
other Municipalities are rarely used, as the yield is usually less than on United States
Government obligations, because of tax considerations.
A City may invest idle funds in its own obligations, particularly in temporary improvement
bonds authorized under the local improvement code Minnesota Statutes 429.091. These
obligations must mature within three years.
•
46
Bankers Acceptances -Cities can invest in bankers acceptances of United States Banks eligible
for purchase by the Federal Reserve System. These instruments typically aze created from a
letter of credit issued in a foreign trade transaction. Maturities on Bankers Acceptances run from
30 to 180 days, which the 90-day acceptance the standard. Historically, Bankers Acceptances
have been a very safe investment vehicle.
Commercial Paper -Cities are authorized to invest in Commercial Paper issued by United States
Corporations or their Canadian Subsidiary, if it is of the highest quality (Al.P 1 or better), and
matures in 270 days or less. Commercial Paper is a short term unsecured promissory note.
Commercial Paper is issued at a discount, and matures at paz. One of the most important factors
in determining whether an issuer's commercial paper is worthy, is the nature of the underlying
bank line of credit. These credit lines aze of four kinds:
1. Standard Line Agreements (when activated, converts to a standazd bank note at a
specific date.)
2. Swing Line (issuer may borrow one day and repay the next.)
3. Revolving Line (long term flexible line of credit virtually guaranteeing a bank loan at
any time upon request by the issuer.)
4. Irrevocable Letter of Credit (a Financial institution guarantees unequivocally that
funds will be available to redeem the commercial paper upon maturity. Tlus is the most secure
of the four.)
Interest Bearing Deposits (CDs,I etc. May be interest beazing checking accounts, money market
savings account, CDs, and ordinary savings account. Bank or Savings & Loan must be neamed
as a depository by the City, and all deposits over the $100,000 Federal insurance must be
collateralized.
(See separate section on collateralization.)
Lea_gLuP of Cities -Money Market Fund - An alternative is to use the League of Cities program
for the investment of your City's idle funds. An advantage is that you have the benefit of
professional management. The League program offers a money mazket fund as well as the
availability of Certificates of Deposit. For more information call 1-800-333-6000, ext. 6423, or
(612) 342-6423.
Repurchase Agreements -Short term transactions involving the simultaneous sale of securities
by the seller to the investor and the agreement by the seller to repurchase at a later date.
Overnight Repo -refers to those transactions whereby the repurchase occurs the next day. If
properly handled, Repos offer an investment alternative.
•
' 4'1
Government National Mortg~a~e Association G.N.M.A. - a government guaranteed security. A
certificate represents a share in a pool of FHA or VA mortgages. A problem associated with
GNMAs, is that they are along-term investment, and therefore subject to market fluctuations.
2. Support for Persons Doing. the Investing
Financial institutions can exert tremendous pressure on the persons in smaller
communities to place all of the City's funds with them. However, even a small fraction
of one percent difference in interest earnings can make a substantial difference in the
amount of interest earnings the City realizes.
It is, therefore, important that the person doing the investing be given the support from
City Attorney, City Administrator, and Council, so that they can do the investment job in
the most professional way. This means placing investment funds with the institution that
gives the City the best return on its investment.
•
8
CONSENT H5
• 1/07/04
ITEM: Consider Resolution 04-02 approving up to a 3% standard
compensation increase for regular employees in 2004, subject to
review and recommendation by supervisor
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The Council is being asked to formally approve up to a 3% salary increase for
regular employees with a satisfactory performance in 2004. This increase is budgeted for in the
2004 budget.
Staff received their performance evaluations the first full week of January which were conducted
by their supervisor or the City Administrator.
ATTACHMENT:
• Resolution 04-02
• ACTION REQUESTED:
• Approval of 3% standard compensation increase for regular employees for 2004, subject to
review and recommendation by supervisor
y9
•
No. 2004-02
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
Date: January 7, 2004
•
•
RESOLUTION AUTHORIZING COMPENSATION INCREASE FOR REGULAR EMPLOYEES
WHEREAS the 2004 budget includes a 3% standard compensation increase for regular
employees;
NOW THEREFORE, BE IT RESOLVED that the City Administrator is hereby authorized
to award up to a 3% compensation increase for regular employees for the year 2004.
Moved by:
GEHRZ
KUETTEL
LAMB
LINDSTROM
TALBOT
In Favor
Against
Approved:
Susan L. Gehrz, Mayor
January 7, 2004
Attested:
Heather M. Worthington
City Administrator
January 7, 2004
Sc
CONSENT H6
1/07/04
r:
ITEM: Appointment of City Engineer for 2004
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Staff recommends that the contract with Howard R. Green Company, Inc., be
continued for 2004, and that Terry Maurer be appointed as the City Engineer.
ACTION REQUESTED:
• Approval of Terry Maurer and Howard R. Green Company as the City Engineer for 2004
C
s
•
•
•
•
•
•
CONSENT H7
1/07/04
ITEM: Appointment of City Attorneys for 2004
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Staff recommends the following individual's contracts be renewed as City Attorneys
for 2004. (Minnesota statute requires formal appointment to these posts.)
Roger Knutson, Campbell Knutson
Martin Costello, Hughes and Costello
ACTION REQUESTED:
• Approval of the City Attorneys for 2004
City Attorney (Civil)
City Attorney (Criminal)
~~
•
•
•
CONSENT H8
1/07/04
ITEM: Designation of official newspaper for 2004
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: State statute requires that a city designate a legal newspaper of general circulation
in the city. This newspaper is used when the city is required to publish legal notification
regarding public hearings, elections and city financial matters. There are three local papers that
service Falcon Heights: Focus News, Park Bugle and the Roseville Review.
Staff recommends that the City designate the Roseville Review as its legal newspaper in 2004
for the following reasons.
• The Roseville Review circulates to most households in Falcon Heights.
• The Roseville Review is a weekly publication. A monthly publication such as the Park
Bugle would not suit the City's needs, as the City Council meets twice a month, and legal
notices must be published on a more timely schedule.
ATTACHMENTS:
• Letter dated December 15, 2003 from Jeffery Enright, publisher of the Roseville Review
ACTION REQUESTED:
• Designate the Roseville Review as the City's legal newspaper for 2004
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L' 'e Suburban Newspapers, Inc. 2515 E. Seventh Avenue
North St. Paul, MN 55109
!651) -777-8890
December 1 ~. ~(1f 1
Heather Worthington, City Administrator
Falcon Heights City Hall
2077 W. Larpenteur Ave.
Falcon Heights, MN 55113
Dear Ms. Worthington:
Thank you for the opportunity to bid on public notice publication services for the City oi~ Falcon
Heights. Lillie Suburban Newspapers has been serving the needs of the Falcon Heights area for ~~~
years, and is pleased to provide ongoing coverage of city government and school issues anti
community events.
Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was
founded in 1938 by the late T. R. Lillie. His son, N. Theodore Lillie, and grandson, Jeffer~~ Lnright.
are continuing the family tradition of publishing award-winning community newspapers ~in the Si
Paul suburbs.
It is our sincere desire to provide the best possible local news coverage in the Roseville-Falcon
Heights-Little Canada area. Our experienced news staff provides readers with awell-balanced, li~~el~
and informative product each week. We realize that Falcon Heights area residents look to the
Roseville Review as one of their primary sources of information about city activities and meetings. as
well as local events throughout the community; and we will continue to publish the city's press
releases and photos.
The Roseville Review is distributed to homes in Falcon Heights by paper carriers and throu~~h the
mail. The newspaper has the official designation of the neighboring communities of St. Anthony anu
Maplewood, and the Mounds View School District.
Noon Thursday is the deadline each week for submitting public notices to our office. Late public
notices are accepted up to 10 a.m. Friday for the Tuesday newspaper. Public notices should be
directed to Brenda Boogren, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St. Paul, 1~1N
55109. Our fax number is 651/777-8288. Notices may also be sent via e-mail to lillienews(«aol.com
Legal publication rates for minutes, advertisements for bids and other notices are as follows:
$2.79 per column inch for cone-time publication
$2.49 per column inch for each additional publication
Thank you for considering the Roseville Review as the official legal newspaper for the City ul
Falcon Heights for 2004. If you have any further questions, don't hesitate to call us.
Sincerely,
Jeffery Enright
Publisher
Ramsey County Review • Maplewood Review :• Oakdale-Lake Elmo Review • Review Perspectives
LilliE New Brighton Bulletin • Shoreview Bulletin • St. Anthony Bulletin +: South-West Review
NEWS Roseville-Little Canada Review •? Woodbury-South Maplewood Review • East Side Review
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_ - ~'~" DEC 2 6 2003
newspapers
December 16, 2003
City of Falcon Heights
Heather Worthington, City Administrator
2077 W. Larpenteur Ave.
Falcon Heights, MN 55113
Dear Ms Worthington:
The Sun-Focus would like to be considered for designation as the legal newspaper for the City of
Falcon Heights for the year 2004.
All published legal notices are posted on our website (www.mnSun.com) at no additional charge.
This is an enhancement to the local news coverage already available on the Internet and will
broaden the readership of your legal notices.
One of the main benefits of publishing your legal notices with the Sun-Focus is our home delivery.
Sun Newspapers has become the primary source of community news in the suburbs. Your notices
in our paper have the best chance of being seen and read.
Despite rising costs of operating our newspapers, there will be no rate increase during the calendar
year 2004. Our legal prices will remain the same.
The rate structure for legals effective January 1, 2004 will be:
1 column width: $ .45 per line -per insertion ($4.95 per col. inch)
There are 10 lines per inch
Our columns are 11 picas 10 points wide
Two notarized affidavits on each of your publications will be provided with no additional charge.
The deadline for regular length notices is 11:00 am the Monday prior to publication. E-mailing the
legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the
legal department is legals@mnsunpub.com. We still accept notices on disk, faxed or through the
mail. If you require more information to make your decision, please contact me or Meridel Hedblom,
our Legal Representative, at 952-392-6829.
Thank you for considering the Sun-Focus as the official newspaper for your community.
Sincerely, ~ ~'" ~ ,,~
,,. , ~,
~f
"'~
..._....
C
Jeffrey Coolman
Vice President of Sales and General Manager
10917 VALLEY Vow Roan ®ED~N PxA1RiE ®Mi»sorA 5534 ®95~-8~9-0797 ®F~: 95~-9~1-3588
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CONSENT H9
1/07/04
ITEM: Final payment of $1,767.68 to Allied Blacktop for 2003 sealcoating
project
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: The 2003 Sealcoating project is complete, and staff recommends final payment of
the retainage in the amount of $1,767.68 to Allied Blacktop.
ACTION REQUESTED:
• Approval of final payment of retainage to Allied Blacktop in the amount of $1,767.68
•
•
ITEM:
SUBMITTED BY:
REVIEWED BY:
EXPLANATION:
CONSENT H10
1/7/04
Acceptance of 2004 SCORE Grant from Ramsey County
Heather Worthington, City Administrator
Roland Olson, Finance Director
Summary: Staff recommends acceptance of the 2004 SCORE grant to help offset recycling
costs for the residents of Falcon Heights.
ATTACHMENT:
• 2004 SCORE Grant Agreement
ACTION REQUESTED:
• Acceptance of the 2004 SCORE Grant
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AGREEMENT BETWEEN
• RAMSEY COUNTY AND CITY OF FALCON HEIGHTS
FOR A SCORE FUNDING RECYCLING GRANT
This Agreement is between Ramsey County (the "County")and the City of Falcon Heights (the
"Municipality").
1. OBLIGATIONS
a. Reimbursement
1. The Municipality is obligated to provide for curbside recycling for at least four materials,
including programs or provisions for assuring residential recycling service is available to
residents on-site at all multi-unit housing and manufactured home parks. The County may
deny reimbursement to the Municipality, or seek recovery of payments disbursed to the
Municipality, if the Municipality is unable to verify that recycling collection service is
provided at each place of residence. The County may deny reimbursement, or seek
recovery, of that portion of the grant amount equivalent to the proportion of households not
provided recycling collection service.
2. The Municipality is required to credit the County and the State of Minnesota's SCORE fund
as funding sources in any public education materials.
3. The Municipality shall incur expenses for reimbursement by the County in accordance with
the budget, presented in Attachment A, which is attached and incorporated into this
Agreement. Reimbursement is not to be requested for expenses reimbursed by other
sources or for expenses that do not meet the eligibility criteria outlined in the SCORE grant
application guidelines. Proper documentation is required for reimbursement.
4. The County shall reimburse the Municipality for adequately documented requests
consistent with Attachment A submitted by the Municipality.
5. The County's obligation under this Agreement is subject to the availability and provision of
funding from the State of Minnesota. The County may immediately cancel this Agreement
or reduce the reimbursement to the Municipality to the extent funds received from the State
are reduced or eliminated. The County is acting as fiscal agent for the Municipality and in
no event shall be obligated to reimburse the Municipality in an amount in excess of that
actually received from the State.
6. Reimbursement will be made according to the following schedule:
For the period of:
January 1 -March 31
April 1 -June 30
July 1 -September 30
October 1 -December 31
•
b. Reports
Reimbursement will occur after:
April 1, 2004
July 1, 2004
.October 1, 2004
January 1, 2005
The Municipality shall submit two reports to the County. The first is due to the County on
August 15, 2004. The second is due on February 1, 2005. The report due August 15,
2004, will include program information for January 1 through June 30, 2004. The second
report will include information for July 1 through December 31, 2004. These reports are to
include information on recycling at all residential units, including multi-family buildings and
manufactured home parks, even if the Municipality does not provide collection services to
those units.
~~
• 2. The reports shall be submitted on forms provided by the County.
c. Financial Report
The Municipality shall be required to submit, if requested by the County, an audited financial report
to the Ramsey County Budget and Accounting Office. The report shall show how funds received
from Ramsey County were disbursed.
2. TERM
The term of this agreement shall be from January 1, 2004, through December 31, 2004, the date of
signatures notwithstanding.
3. CANCELLATION
Either party may cancel this Agreement at any time upon thirty (30) days written notice to the other
party. In the event of termination, the Municipality shall be entitled to reimbursement for those
eligible expenses incurred up to the termination date, provided the expenses have been incurred
according to the budget shown in Attachment A and the Municipality is not otherwise in default of
any terms and conditions in this Agreement.
4. DEFAULT
Any of the following shall constitute default on the• part of the Municipality:
a. The failure of the Municipality to use funds in a manner consistent with this Agreement and
Attachment A.
b. The failure of the Municipality or its (sub)contractor(s) to use their best efforts to ensure the
maximum collection and marketing of recyclable materials from all residential units.
c. The failure of the Municipality to provide information satisfactory to the County as required
in this Agreement, including information requested on the report forms provided by the
County.
d. The failure of the Municipality to meet any terms and conditions of this agreement.
5. GENERAL CONDITIONS
a. All services and duties performed by the Municipality pursuant to this Agreement shall be
performed to the satisfaction of the County and in accordance with all applicable federal, state,
and local laws, ordinances, rules, and regulations as a condition of payment. The Municipality
agrees that it will comply with all federal, state, and local statutes and ordinances relating to
nondiscrimination.
b. The Municipality shall at all times be an independent contractor and shall not be the employee
of the County for any purpose. The County shall not be responsible~for the payment of any
taxes, either federal or state, on behalf of the Municipality, nor shall the County be responsible
for any fringe benefits. No Civil Service or other rights of employment will be acquired by virtue
of Municipality's services.
c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other
party, its officials, agents, and employees, from any liability, loss, or damage they may suffer
• as a result of demands, claims, judgments, or costs arising out of or caused by the
indemnifying party's performance of their respective obligations under the provisions of this
Agreement. This provision shall not be construed nor operate as a waiver of any applicable
• limits of or exceptions to liability set by law.
d. All data collected, created, received, maintained, or disseminated for any purpose in the course
of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, or any other applicable State statute, any State rules adopted to implement the Act and
statutes, as well as federal statutes and regulations on data privacy. The Municipality agrees to
abide by these statutes, rules, and regulations.
e. All books, records, documents, and accounting procedures and practices of the Municipality
and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the
County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota
Statutes §16C.05, Subd. 5.
The Municipality shall make all reasonable efforts to ensure that their employees, officials and
subcontractors do not engage in violence while performing under this agreement. Violence, as
defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace
Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any
action involving the use of physical force, harassment, intimidation, disrespect, or misuse of
power and authority, where the impact is to cause pain, fear or injury.
h. The Municipality will be required to pay interest of 1'h percent per month or any part of a month
to any subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Municipality shall pay the actual
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Municipality must be awarded its costs and disbursements, including
• attorney's fees, incurred in bringing the action.
i. All equipment purchased using funds provided in this Agreement shall remain the property of
the Municipality.
j. Any amendments to this Agreement shall be in writing and signed by both parties.
6. RECYCLING MARKETS SUPPORT FUND
During 2004, the County will reserve for the Municipality a portion of the County Recycling Markets
Support Fund for the Municipality. This portion will be the proportion of the Municipality's
population residing in Ramsey County to the entire Ramsey County population, according to 2000
Metropolitan Council population figures, multiplied by the total amount of the Support Fund. To
gain access to these funds, the Municipality must first apply to the County, in accordance with the
County's guidelines in place at the time for distribution of the Recycling Markets Support Fund.
The Municipality will be allowed to incur expenses for reimbursement in accordance with its
application, including eligible activities and maximum potential reimbursement amount, once such
application is approved by the County. The County shall reimburse the Municipality for adequately
documented requests consistent with such an approved application. The Municipality must provide
evidence, upon request from the County, that no Support Fund monies were used to landfill
recyclable materials and transport materials to a landfill. The County reserves the right at any time
to amend the total amount of the Support Fund, to amend the guidelines for distribution of the
Support Fund, or to eliminate the Support Fund.
7. WASTE REDUCTION
The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local
• government facilities. The Municipality and its (sub)contractor(s) shall participate in a recycling
program for at least four broad types of recyclable materials and shall favor the purchase of
recycled products in its procurement processes. All reports, publications and documents produced
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as a result of this agreement shall be printed on both sides of the paper, where commonly
accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and
shall be bound in a manner that does not use glue.
8. PUBLIC ENTITIES MANAGEMENT OF WASTE
The Municipality shall comply with Minnesota Statutes §115A.46 and §115A.471 when arranging
for the management of mixed municipal solid waste (MSW) and assure delivery of such waste to a
waste processing facility for resource recovery.
RAMSEY COUNTY
By
County Manager
Date
Funds are available,
code: 2004-12901-581080-425101-G213001
By
Budget and Accounting
Insurance Approved and Approved as to Form:
By
Assistant County Attorney
Recommended:
By
Director, Department of Public Health
CITY OF FALCON HEIGHTS
By_
Title:
Approved as to Form:
By
Date
Municipality Attorney
By
Clerk-Treasurer
6a
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ATTACHMENTA
FALCON HEIGHTS
2004 SCORE FUNDING GRANT BUDGET
ADMINISTRATION:
PROMOTION ACTIVITIES:
EQUIPMENT:
COLLECTION OF RECYCLABLES:
(DETAIL)
Collection contractor
TOTAL SCORE GRANT:
$ 0.00
$ 0.00
$ 0.00
$ 10,680.00
$ 10,680.00
61
POLICY I1
• 1/07/04
ITEM: 2004 Council liaison assignments
SUBMITTED BY: Mayor Gehrz
EXPLANATION:
Summary: Council members are each assigned to serve as a liaison between the City Council
and the various Commissions each year. Assignments for 2004 are as follows:
Planning Commission -Peter Lindstrom
Parks & Recreation Commission -Laura Kuettel
Solid Waste Commission -Robert Lamb
Neighborhood Commission -Sue Gehrz
Human Rights Commission -Laura Kuettel
• Cable Commission -Rick Talbot
Cable Commission Alternate -Robert Lamb
Northwest Youth & Family Services Joint Powers Board -Peter Lindstrom
Ramsey County League of Local Governments -
Campus/Community Task Force -Sue Gehrz and Heather Worthington
ACTION REQUESTED:
• Discussion
• Motion to approve 2004 Council liaison assignments
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POLICY I2
1/07/04
ITEM: Reappointment of Commissioners and Appointment of Commissioner
SUBMITTED BY: Sue Gehrz, Mayor
EXPLANATION:
Sum The following commissioners are recommended for reappointment to their
respective commissions:
Parks and Recreation Commission
Chuck Long
Denise Deen
Patrick Dolan
Jim Evans
Planning Commission
Pamela Harris
Patrick Ryan
• Tom Lageson
Michael Tracy
Jim DeLeo
Ann Ziebarth
The following resident is recommended for appointment to the Neighborhood Commission:
Susan Majerus
ACTION REQUESTED:
• Approval of reappointment of Commissioners to the Parks and Recreation and Planning
Commissions and appointment of Commissioner to the Neighborhood Commission
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POLICY I3
• 1/07/04
ITEM: Request for action on the option to waive the statutory tort limits
under the LMCIT insurance plan
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Roland Olson, Finance Director
EXPLANATION:
Summary: The League of Minnesota Cities Insurance Trust (LMCIT) is requesting that cities
determine if they wish to waive the statutory tort limits of $1,000,000. Under these limits an
individual can settle for no more than $300,000 for a single claim and a single claim for all
parties cannot exceed $1,000,000. Under certain circumstances the LMCIT, which represents
the city in these claims, may negotiate above the legal liability limit if necessary because some
claims like employment are exempt from the cap. The general counsel from the LMCIT said
that cities made different choices depending upon their circumstances. However, he perceived
that maintaining the limit was prudent in many cases. The city has had no claims with
settlements for several years.
• In 2000, 2001, 2002, and 2003 the city council voted not to waive the statutory tort limits. Staff
also consulted with city attorney, Roger Knutson, to determine if the situation had changed, and
he recommended that the city not waive the statutory tort limit again this year.
• Goa14: To provide a responsive and effective city government.
• Strategy 6: To effectively manage the city's financial resources.
ATTACHMENTS:
^ Waiver form
ACTION REQUESTED:
^ Discussion
^ Motion not to waive the city's statutory tort limit of $1,000,000
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LMCIT LIABILITY COVERAGE -WAIVER FORM
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The
decision to waive or not to waive the statutory limits has the following effects:
If the city does not waive the statutory .tort limits, an individual claimant would be able to recover no
more than $300,OOO.on any claim to which the statutory tort limits apply. The total which all claimants
would be able to recover for a single occurrence to which the statutory tort Limits apply would be limited
to $ I,000,000. These statutory tort limits would apply regardless of whether or not the city purchases
the optional excess liability coverage.
If the city waives the statutory tort limits and :does not purchase .excess liability coverage, a single
claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to $1,000,000., regardless of the number of claimants.
If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount. up to the limit of the coverage purchased. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
This decision must be made by the city council. Cities purchasing coverage must complete and return
• this form to LMCIT before the effective date of-the coverage. For further information, contact LMCIT.
You may also wish to discuss these issues with your city attorney.
The City of accepts liability coverage limits of $ from the League of
Ivlinnesota Cities Insurance.Trust (LMCIT).
Check one:
The city DOES NOT NAIVE the monetary limits on municipal tort liability established
by Minnesota Statutes 466.04.
The city WAIVES the monetary limits on tort liability established by Minnesota Statutes
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council meeting
Signature
Position
Return this completed form to LMCIT, 145 University Ave. W., St. Paul, 1VIN. SSI03-2044
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POLICY I4
1/07/04
ITEM: Grant agreement between City and Sherman Associates
SUBMITTED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: In 2002 and 2003, the City received $1,450,000 in grants from the Metropolitan
Council for the redevelopment of the SE Corner. These grant monies will be available to
Sherman Associates for certain aspects of the redevelopment project. As such, the city has been
advised by our legal counsel to enter into a grant agreement with Sherman Associates for the
future release and expenditure of those funds. This will mirror the city's agreements with the
Metropolitan Council, and hold Sherman Associates responsible for meeting the requirements of
the grant agreements, as well as the measurable goals and specific aspects of the redevelopment
as laid out in the Redevelopment Agreement and the grant paperwork.
Mr. Sherman signed the grant agreement during the closing on the Senior Apartments on
December 30, 2003.
ATTACHMENT:
• • Grant Agreement
ACTION REQUESTED:
• Approval of the Grant Agreement with Sherman Associates
C,
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GRANT AGREEMENT
THIS AGREEMENT is made as of the 18th day of December, 2003, by and between
the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (the "City") and
SHERMAN ASSOCIATES, INC., a Minnesota corporation (the "Master Developer")
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP, a Minnesota limited
partnership (the "Multifamily Developer"), TOWNHOMES AT TOWN SQUARE LLC, a
Minnesota limited liability company (the "Townhome Developer"), and TOWN SQUARE
SENIOR APARTMENTS LLC, a Minnesota limited liability company (the "Senior
Developer")
RECITALS
• WHEREAS, the Multifamily Developer, the Townhome Developer and the Senior
Developer are sometimes referred to in this Agreement individually as a "Developer", or
collectively as the "Developers".
WHEREAS, the Developers have presented to the City a proposal under which they will
redevelop certain blighted real property located in the City and legally described on Exhibit A
attached hereto (the "Property") into amixed-income, mixed-use town square project for the City
(the "Town Square Project") as follows:
(a) the Multifamily Developer proposes to construct a 119 unit multifamily rental
project which will include approximately 12,000 square feet of commercial retail space on the
first floor and abelow-grade parking structure (the "Multifamily Development"); and
•
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(b) the Townhome Developer proposes to construct a 14 unit for-sale townhome
project (the "Townhome Development"); and
(c) the Senior Developer proposes to construct a 56 unit senior rental project which
will include abelow-grade parking structure (the "Senior Development").
WHEREAS, the City has entered into Development Agreements with the Multifamily
Developer, the Townhome Developer and the Senior Developer, each dated July 18, 2003, (each
a "Development Agreement"), which Development Agreements include, among other things, the
terms and conditions under which each Developer will construct its respective component of the
Town Square Project.
WHEREAS, the Development Agreement with the Multifamily Developer includes,
among other things, the terms and conditions under which the City agreed to acquire the Property
exercising its powers of eminent domain and to transfer the Property to the Multifamily
• Developer, which in turn has agreed to convey portions of the Property to the Townhome
Developer and the Senior Developer.
WHEREAS, City is the recipient of certain funds totaling $1,450,000.00 pursuant to the
following grants relating to the Town Square Project (the "Grants"):
(a) Metropolitan Livable Community Act, Livable Communities Demonstration
Account, Grant No. SG-02-155, $1,000,000.00 (the "Livable Communities Grant");
(b) Metropolitan Livable Communities Act, Local Housing Incentives Account,
Grant No. SG-03-48, $150,000.00; and
(c) Metropolitan Livable Communities Act, Local Housing Incentives Account,
Grant No. SG-02-62, $300,000.00.
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WHEREAS, the City utilized $1,090,000.00 of the Grants to help fund the acquisition of
• the Property needed for the Town Square Project and the Master Developer, on behalf of the
Developers, funded the balance of the acquisition cost.
WHEREAS, among the City's goals for the Town Square Project are the redevelopment
of blighted property, creation of affordable housing, remediation of environmental conditions,
infrastructure improvements, and retail opportunities, and the utilization of the Grants for
acquisition of the Property needed for the Town Square Project will further such goals.
WHEREAS, the City, the Developers and the Master Developer have made certain
representations and statements relating to the Town Square Project to be carried out and
completed by the Developers which were contained in and made part of the various applications
for the Grants.
WHEREAS, the City has transferred the Property to the Multifamily Developer pursuant
to a Quit Claim Deed of even date herewith in accordance with the Development Agreement and
in consideration of such transfer the City has requested that the Developers and the Master
Developers enter into this Agreement relating to the Grants.
NOW, THEREFORE, the City, the Developers, and the Master Developer agree as
follows:
1. Each Developer and the Master Developer will abide by all terms and conditions
of the any Grant agreements relating to the use of the funds made available from the Grants,
including, but not limited to, the return of the Grant funds if all major components of the Town
Square Project are not completed. "Major components" are the Multifamily Development, the
Townhome Development and the Senior Development.
•
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2. The City agrees to deposit the $360,000.00 in Grant funds remaining from the
• Livable Communities Grant pursuant to the Master Disbursement Agreement dated as of
December 1, 2003, by and among the Senior Developer, Glaser Financial Group, Inc., a
Minnesota corporation (the "First Mortgage Lender"), Ramsey County Housing and
Redevelopment Authority ("Ramsey County HRA"), the City and Commercial Partners Title,
LLC (the "Title Company") to be disbursed to the Senior Developer in accordance with the
terms of such Master Disbursement Agreement.
3. The Developers and the Master Developer, and each of them, will indemnify and
hold the City harmless from any and all claims against the City, including reasonable attorney's
fees and costs, relating in any way to the use of the Grant funds.
[The remainder of this page has been left blank intentionally.
Signature pages follow.]
•
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~a
SIGNATURE PAGE TO
TO
GRANT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered as of the day and year first above written.
CITY OF FALCON HEIGHTS
By:
•
•
By:
Susan L. Gehrz, Mayor
Heather Worthington, City Administrator
'71
• SIGNATURE PAGE TO
TO
GRANT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered as of the day and year first above written.
By:
SHERMAN ASSOCIATES, INC.
George E. Sherman, President
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
• By: Sherman Associates, Inc.
Its General Partner
By:
George E. Sherman, President
TOWNHOMES AT TOWN SQUARE LLC
By:
George E. Sherman, President
FALCON HEIGHTS SENIOR
APARTMENTS LLC
By:
George E. Sherman, President
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POLICY IS
1/7/04
ITEM: Consideration of amendment to the Building Official Agreement with
Little Canada, and appointment of Steve Westerhaus as the Building
Official
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Roger Knutson, City Attorney
EXPLANATION:
Summary: In 2002, the City signed an agreement with Little Canada for provision of building
inspection services. In November, the two city administrators met to discuss the agreement, and
the performance of the building official. Both parties agreed that the arrangement was working
very well, and that staff was pleased with the performance of the building official. At that time,
both parties had some recommendations for improvements to the contract, including a specific
provision that will allow for fire inspections (this had been a service included under "building
inppections"); and a billing rate adjustment which will require Falcon Heights to pay 35% of the
cost of the Building Official, and Little Canada 65% (the previous agreement had Little Canada
billing Falcon Heights at an hourly rate for those services). This will amount to $35,791.70 per
year which will be billed to Falcon Heights. This is still considerably less than the private
contract Falcon Heights had up unti12002.
ATTACHMENT:
• Revised agreement with Little Canada for the provision of building inspection services
ACTION REQUESTED:
• Approval of the revised agreement
'13
FIItST AiI~NDNIENT TO AGREEMENT
THIS FIRST AMENDMENT TO THE AGREEMENT for Building Official Services
("Amendment") is entered into by and between The City of Little Canada, Minnesota hereinafter
referred to as "Little Canada") and the City of Falcon Heights, Minnesota, (hereinafter referred
to as "Falcon Heights").
Whereas, Little Canada and Falcon Heights entered into an Agreement for Building
Official Services effective January 1, 2003, and
Whereas, Little Canada and Falcon ~ieights desire to amend the Agreement to ensure an
equitable arrangement exists between the two parties and to update the Agreement to reflect
current conditions,
NOW, TIiEREFORE, In consideration of the understanding herein set forth, Little
Canada and Falcon Heights agree to amend the Agreement as follows:
1. Section 2, Services Provided, paragraph f. is hereby amended as follows:
f. Little Canada shall use its best efforts to find "fill-in" Building Official
services to address vacations, sick leave, or any unexpected absence in the position of
Building Official. The costs for these services shall be billed at the same hourly rate as
. provided for in Exhibit B.
2. Section 2, Services Provided is hereby amended by adding the following provision:
h. Little Canada shall be permitted to employee additional persons as necessary
to provide supplemental Fire Marshal services to Falcon Heights. The billing rate for this
person shall be the same as the rate for the Building Official as indicated in Exhibit B of
the Agreement.
3. Section 3. Payment is hereby amended as follows:
It is agreed that Little Canada will bill Falcon Heights for building inspection and
fire marshal on a quarterly basis. The billing rate shall be based upon the
calculation as depicted in Exhibit B, attached hereto. This rate shall be adjusted
based upon any change (increase or decrease) to the components with appropriate
supporting documentation. A revised Exhibit B shall be prepared and forwarded
to Falcon Heights upon any adjustment to the rate components. It is also
understood that past billings may have to be adjusted based upon the effective date
of any changes to the billing components. Little Canada will endeavor to matte
such adjusted billings as soon as practical.
Furthermore, it is also understood that the minimum amount Falcon Heights shall
pay on an annual basis is 35% of the total cost of the Building Official position
based upon the computation depicted in E,~hibit B. Billing shall occur on a
. quarterly basis and provide for the actual hours expended times the hourly rate in
Exhibit B as well as for 1/4 of the of the annual minimum amount due, with the
actual amount due for that quarter to be the lugher of those two figures. Should
'14
l~
actual billing costs exceed the minimtun due, credit will be provided on the
following quarter's bill."
4. This First Amendment shall be effective on January 1, 2004, regardless of the date of
execution.
•
In witness hereof, the parties have executed this Amendment on the respective dates
indicated below.
CITY OF LITTLE CANADA
sy:
1VIichae I. Fahey
Its: Mayor
By• /
Joe Hanson
s: City Adnunistrator
Dated this f~~day of December, 2003.
CITY OF FALCON HEIGHTS
sy:
Susan L. Gehrz
Its: Mayor
By:
Heather M. Worthington
Its: City Administrator
Dated this day of ,
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POLICY I6
1/7/04
ITEM: Consideration of the Amended and Restated Multifamily
Development Agreement
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Matthew Foli, Campbell Knutson
EXPLANATION:
Summary: This agreement combines the original Development Agreement and the first
amendment, both effective July 18, 2003, and a new paragraph 10.10 regarding the park
dedication fee into one document. The Amended and Restated format is easier for recording
purposes than a new second amendment to the original development agreement would be. This
document will be used when the developer of the SE Corner, Sherman Associates, closes on their
mortgage with HUD for the multi-family building sometime next month.
ATTACHMENT:
• Amended and Restated Multifamily Development Agreement
ACTION REQUESTED:
• Approval of the Amended and Restated Multifamily Development Agreement
'~ 1
•
•
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF FALCON HEIGHTS
and
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
78
•
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCHEDULEI
SCHEDULE J
SCHEDULE K
LIST OF SCHEDULES
Description of Multifamily Development Property
Site Plan for Falcon Heights Town Square
Description of Senior Development Property
Description of Townhome Development Property
Business Subsidy Agreement
Certificate of Completion
Multifamily TIF Note
Plat of Falcon Heights Town Square
Restaurant Parcel
Shopping Center Parcel
Snelling Avenue Parcel
'79
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
("Agreement"), made on or as of the day of , by and between the
City of Falcon Heights, a Minnesota municipal corporation (hereinafter referred to as the "City"),
and Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership
(hereinafter referred to as the "Multifamily Developer"), amends and restates the Development
Agreement between the parties, dated effective July 18, 2003 and the First Amendment to
Development Agreement between the parties, dated effective July 18, 2003.
WITNESSETH:
WHEREAS, the City is a municipal corporation organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City (the
"Council"); and
WHEREAS, the City has established within the City its Municipal Development District
No. 1 pursuant to Minnesota Statutes, Sections 469.124 - 469.134, providing for the development
and redevelopment of certain areas located within the City (which development district is
hereinafter referred to as the "Project"); and
WHEREAS, the City has approved the establishment of its Tax Increment Financing
• District No. 1-3 within the Project pursuant to Minnesota Statutes, Sections 469.174-469.179
(which tax increment financing district is hereinafter referred to as the "Tax Increment District");
and
WHEREAS, pursuant to Minnesota Statutes, Section 469.176, subdivision 4, tax
increment derived from the Tax Increment District may be used in accordance with the tax
increment financing plan created in connection with the establishment of the Tax Increment
District to pay the capital and administration costs of the Project; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.126, the City is authorized
within the Project to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or
promote developments; and
WHEREAS, the Multifamily Developer has presented to the City a proposal under
which the Multifamily Developer would redevelop certain real property located within the Tax
Increment District as more particularly described in Schedule A attached hereto and made a part
hereof (the "Multifamily Development Property"); and
WHEREAS, the Multifamily Developer's proposal for the Multifamily Development
Property is to construct an approximately 119 unit multifamily rental project which would
include approximately 12,000 square feet of commercial retail space on the first floor and a
below-grade parking structure (the "Multifamily Development"); and
r
~; ;".~'~=December 29, 2003
8D
WHEREAS, the redevelopment of the Multifamily Development Property is part of a
larger redevelopment project known as "Falcon Heights Town Square" which will involve the
redevelopment of the Multifamily Development Property and certain real property adjacent to
the Multifamily Development Property also located within the Tax Increment District (the
"Town Square Site"); and
WHEREAS, the site plan for the Town Square Site attached hereto as Schedule B and
made a part hereof shows (i) the Multifamily Development, (ii) a 56 unit senior rental project
which would include abelow-grade parking structure (the "Senior Development") to be
constructed on the real property described on Schedule C attached hereto and made a part hereof
(the "Senior Development Property"), and (iii) a 14 unit for-sale townhome project (the
"Townhome Development") to be constructed on the real property described on Schedule D
attached hereto and made a part hereof (the "Townhome Development Property"); and
WHEREAS, the City will enter into a Development Agreement with Town Square
Senior Apartments LLC, a Minnesota limited liability company (the "Senior Developer") with
respect to the Senior Development (the "Senior Development Agreement") and a Development
Agreement with Townhomes at Town Square LLC, a Minnesota limited liability company (the
"Townhome Developer") with respect to the Townhome Development (the "Townhome
Development Agreement"); and
WHEREAS, the Multifamily Developer has as part of its proposal requested that the
City provide certain financial assistance to aid in the development of the Multifamily
. Development, without which assistance such development would not be feasible; and
WHEREAS, the City believes that the redevelopment of the Multifamily Development
Property and the provision of the housing and retail space as proposed by the Multifamily
Developer is in the best interest of the City and its residents and in accord with the public
purposes and provisions of applicable federal, state and local laws under which the Multifamily
Development is being undertaken and assisted; and
NOW THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, the terms defined in the recitals shall have
the meanings set forth therein and the following terms shall have the following meanings, unless
a different meaning clearly appears from the context:
"Acquisition Costs" means the total amount paid by the City to acquire or attempt to
acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue
Frontage Road -North of Larpenteur, including, but not limited to, the following: (1) the
amount of compensation paid by the City for the real property either by settlement or as
r~~~-'~=? (;'~~December 29, 2003
81
determined in the eminent domain proceedings to the owners of the Shopping Center Parcel and
Snelling Avenue Parcel; (2) any payment to any owner or tenant for loss of going concern value;
(3) any payment for fixtures; (4) relocation benefits paid to an owner or tenant pursuant to Minn.
Stat. Ch. 117, the Federal Uniform Relocation Assistance Act, or any other state or federal
statute or regulation; (5) costs incurred by the City in providing relocation services; (6) all
appraisal costs; (7) reasonable legal fees incurred by the City in any aspect of either the eminent
domain proceeding or relocation benefit process; (8) appraisal, relocation and other expert
witness fees and costs, and any other reasonable litigation expenses incurred in connection with
the eminent domain proceedings or relocation benefit process.
"Act" means Minnesota Statutes, Sections 469.124-469.134, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Business Subsidy Agreement" means the agreement in the form attached hereto as
Schedule E executed by the City and the Multifamily Developer pursuant to Section 10.8 of this
Agreement.
"Certificate of Completion" means the certificate in substantially the form attached hereto
as Schedule F signed by the City certifying completion of the Minimum Improvements.
"City" means the City of Falcon Heights, a Minnesota municipal corporation, or its
• successors or assigns.
"Closing Date" means the closing date of the First Mortgage Loan.
"Commercial Component" means that portion of the Minimum Improvements consisting
of approximately 12,000 square feet of retail space.
"Construction Development Contract" means the Development Contract to be entered
into between the City and the Developers, and mutually agreeable to the City and the
Developers, regarding platting, public improvements and other matters relating to the
redevelopment of the Town Square Site.
"Construction Plans" means the site plan, utility plan, grading and drainage plan,
landscape plan, elevations drawings, materials list and related documents on the construction
work to be performed by the Multifamily Developer on the Multifamily Development Property,
or in the public right of way as may be required by the City in its approval process, and which
will be submitted to and approved by the City Council of the City, together with any conditions
imposed by the City Council in connection with its approval.
"Completion Date" means the date a Certificate of Completion with respect to the
Minimum Improvements is delivered.
• "County" means Ramsey County, Minnesota.
.. 3
',-~~December 29, 2003
8~
• "Developers" means collectively, the Multifamily Developer, the Senior Developer and
the Townhome Developer.
"Environmental Laws" means all present or future laws, statutes, treaties, rules,
regulations, orders, ordinances, permits, licenses, judgments or decrees enacted by any
Governmental Authority to regulate any materials, wastes and/or substances in the environment.
"Event of Default" means an action by the Multifamily Developer listed in Article IX of
this Agreement.
"First Mortgage Lender" means Glaser Financial Group, Inc.
"First Mortgage Loan" means a loan from the First Mortgage Lender and insured by the
Federal Housing Administration of HUD pursuant to Section 221(d)(4) of the National Housing
Act of 1984, as amended, and the regulations thereunder.
"Governmental Authority" means the United States Environmental Protection Agency,
the United States Department of Labor, the United States Department of Transportation, or any
other local, state or federal government authority.
"Hazardous Material" means any substance, waste, or material now or hereafter
determined by any Governmental Authority to pose a risk of injury to health, safety and/or
property, including but not limited to (i) all materials, wastes and substances now or hereafter
designated as hazardous or toxic by any Governmental Authority, (ii) all materials, wastes and
substances now or hereafter designated or defined as hazardous, extremely hazardous or toxic
pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42
U.S.C. 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or
any other Environmental Laws, and (iii) asbestos, urea formaldehyde, polychlorinated biphenyls,
and petroleum products.
"HUD" means the Department of Housing and Urban Development.
"Maturity Date" means the date that the Tax Increment District is terminated.
"Met Council LCDA Funds" means the funds in the total amount of $1,000,000, awarded
to the City by the Metropolitan Council for the redevelopment of the Town Square Site.
"Minimum Improvements" means the improvements to be constructed by the Multifamily
Developer on the Multifamily Development Property consisting of the Commercial Component,
the Multifamily Component, and the Parking Component.
"Mortgage" means any mortgage loan to the Multifamily Developer that is secured, in
whole or in part, with the Minimum Improvements and the Multifamily Development Property.
:~ ~.-~ (?=1='December 29, 2003
83
"Multifamily Component" means that portion of the Minimum Improvements consisting
of approximately 119 units of multifamily rental housing.
"Multifamily Developer" means Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership, and its successors and assigns.
"Multifamily Development" means the Multifamily Development Property and the
Minimum Improvements to be constructed thereon as provided in this Agreement.
"Multifamily Development Property" means the real property legally described on the
attached Schedule A.
"Multifamily TIF Note" means the Taxable Tax Increment Revenue Note to be issued by
the City pursuant to this Agreement, which Note shall be substantially in the form of the note
attached to this Agreement as Schedule G.
"Multifamily Available Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Multifamily Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Multifamily TIF Note. For
purposes of determining the amount of Multifamily Available Tax Increment, 53.25% of the
original net tax capacity of the Tax Increment District shall be allocated to the Multifamily
Development Property.
• "Multifamily Supplemental Available Tax Increment" means that portion of the
Supplemental Available Tax Increment allocated to the Multifamily TIF Note.
"Note" means the Multifamily TIF Note.
"Parking Component" means that portion of the Minimum Improvements consisting of a
below-grade structure which will contain approximately 150 parking stalls.
"Plat" means the plat of subdivision of the Town Square Site, known as Falcon Heights
Town Square, a copy of which is attached hereto as Schedule H.
"Preliminary Plans" means the site plan and building elevations submitted to the City in
connection with the City's planned unit development approval process.
"Project" means the City's Municipal Development District No. 1.
"Project Area" means the real property located within the boundaries of the Project.
"Project Plan" means the plan and development program adopted in connection with
creation of the Project.
"PUD Agreement" means the Planned Unit Development Agreement to be entered into
between the City and the Developers, and mutually agreeable to the City and the Developers.
:F~~ €~ v~l-~ .:~ ~`('~' December 29, 2003
8~
. "Reimbursable Costs" means the portion of the costs to be incurred by the Multifamily
Developer in connection with the development of the Minimum Improvements to be reimbursed
by the City through the issuance and payment of the Note which costs are further described in
the Tax Increment Plan, including land acquisition costs and parking facilities.
"Relocation Benefits" means the relocation assistance, services, payments and benefits
required under Minnesota Statutes Sections 117.50-117.56.
"Restaurant Parcel" means the real property depicted and legally described on Schedule I
currently improved by a restaurant commonly known as "Dino's Gyros".
"Senior Developer" means Town Square Senior Apartments LLC, a Minnesota limited
liability company, and its permitted successors and assigns.
"Senior Development Property" means the real property legally described on the attached
Schedule C.
"Senior TIF Note" means the Taxable Tax Increment Revenue Note to be issued by the
City pursuant to the Senior Development Agreement, which Note shall be substantially in the
form of the note attached to such Agreement.
• "Shopping Center Parcel" means the real property depicted and legally described on
Schedule J currently improved by a shopping center commonly known as "Northome Shopping
Center".
"Snelling Avenue Parcel" means the real property depicted and legally described on
Schedule K currently used as a service drive and to be included in the Multifamily Development
Property.
"State" means the State of Minnesota.
"Supplemental Available Tax Increment" means one hundred percent (100%) of the
Townhome Available Tax Increment which amount shall be applied as follows: (i) to the amount
necessary to make a scheduled payment under the Multifamily TIF Note up to the amount of
property taxes actually paid by the Multifamily Developer with respect to the Multifamily
Development Property in such six (6) month period; (ii) to the amount necessary to make a
scheduled payment under the Senior TIF Note up to the amount of property taxes actually paid
by the Senior Developer with respect to the Senior Development Property in such six (6) month
period; and (iii) the balance which is to be retained by the Townhome Developer.
"Tax Increment" means that portion of the real property taxes paid with respect to the
Multifamily Development Property and the Minimum Improvements, or the Townhome
Development Property and the Townhome Minimum Improvements, as applicable that is
remitted to the City as tax increment pursuant to the Tax Increment Act.
•
.. .... -~`~ - ~ ._ _. 6
a~.~k~~-~--==~'~December 29, 2003
8S
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174-469.179, as amended and as it may be further amended from time to time.
"Tax Increment District" means the City's Tax Increment Financing District No. 1-3.
"Tax Increment Plan" means the tax increment financing plan adopted by the City in
connection with its creation of the Tax Increment District, which plan together with the
information and findings contained therein is hereby incorporated herein and made a part hereof
by reference.
"Title Company" means Commercial Partners Title LLC.
"Townhome Available Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Townhome Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Townhome Development
Agreement after deducting the City's accumulated actual administrative expenses, as defined in
the Act, which shall not exceed the lesser of (i) $5,000 in the six (6) month period, or (ii) an
amount equal to ten percent (10%) of the Tax Increment generated in the six (6) month period,
which amount is to be retained by the City for administrative purposes.
"Townhome Developer" means the Townhomes at Town Square LLC, a Minnesota
limited liability company, and its permitted successors and assigns.
"Townhome Development Property" means the real property legally described on the
attached Schedule D.
"Townhome Minimum Improvements" means 14 townhouses for sale to owner-
occupants to be built on the Townhome Development Property.
"Town Square Site" means the real property depicted on Schedule B attached hereto to be
known as "Falcon Heights Town Square" which includes the Multifamily Development
Property, the Senior Development Property and the Townhome Development Property.
"Unavoidable Delays" means delays in the performance of obligations relating to the
construction of the Minimum Improvements due to unforeseeable causes beyond the control
of the Multifamily Developer, including but not limited to causes which are the result of acts
of God, acts of the public enemy, acts of terrorism, unforeseen adverse weather conditions,
strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation
commenced by third parties which, by injunction or other similar judicial action, results in
delays, acts of any federal, state or local governmental unit, and which directly results in
delays, delays in delivery of materials for the Minimum Improvements or soil conditions of the
Multifamily Development Property.
ARTICLE II
Representations
rr,t,~ ~ - ~~~, ~ + ~ 7
:ITi~~~-~ ? . ~' L'r3' December 29, 2003
86
Section 2.1. Representations by the Cites The City makes the following representations
• as the basis for the undertaking on its part herein contained:
(a) The City is a statutory city under the laws of the State. Under the laws of the
State, the City has the power to enter into this Agreement and to perform its obligations
hereunder.
(b) The City has taken all action necessary to create the Project, the Project Plan, the
Tax Increment Plan, the Tax Increment District and to approve this Agreement and to authorize
the execution and delivery of this Agreement, the Note and any other documents or instruments
required to be executed and delivered by the City pursuant to this Agreement.
(c) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the City is now a party or by which it is
bound, or constitutes a default under any of the foregoing.
(d) There is not pending, nor to the best of the City's knowledge is there threatened,
any suit, action or proceeding against the City before any court, arbitrator, administrative agency
or other governmental authority that materially and adversely affects the validity of any of the
transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or
as contemplated hereby or thereby, or the validity or enforceability of this Agreement.
(e) The City has received no notice or communication from any local, state or federal
official that the activities of the Developers or the City in the Project Area may be or will be in
violation of any Environmental Laws. The City is aware of no facts the existence of which
would cause it to be in violation of any Environmental Laws.
(f) The City has no actual knowledge of any actions, claims, suits, or proceedings
pending or threatened against the City or the Town Square Site which relate to any violation or
alleged violation of any Environmental Laws.
(g) The City will reasonably cooperate with the Developers with respect to any
litigation commenced by third parties with respect to the Town Square Site.
Section 2.2. Representations by the Multifamily Developer. The Multifamily Developer
represents that:
(a) The Multifamily Developer is a limited partnership duly organized and authorized
to transact business in the State, is not in violation of any provisions of its Certificate of Limited
Partnership, its Partnership Agreement or the laws of the State, has power to enter into this
Agreement and has duly authorized the execution, delivery and performance of this Agreement
by proper action of its General Partner.
•
~4Ei~~3~c~i3is, ~~2i'£~£=~f~ ~~`3~ 'x:_3Eeg ~"~'~e c4
?-~-:-~ .'-'R . "' "=?~' December 29, 2003
8'1
(b) The Multifamily Developer will construct the Minimum Improvements in
. accordance with the terms of this Agreement and all local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public health laws and
regulations), except for variances necessary to construct the improvements contemplated in the
Construction Plans approved by the City.
(c) The Multifamily Developer has received no notice or communication from any
local, state or federal official that the activities of the Multifamily Developer or the City in the
Project Area may be or will be in violation of any Environmental Laws. The Multifamily
Developer is aware of no facts the existence of which would cause it to be in violation of any
Environmental Laws. In the event that it is necessary to take any action to obtain any necessary
permits or approvals with respect to the Multifamily Development Property under any local, state
or federal environmental law or regulation, the Multifamily Developer will be responsible for
taking such action and the City agrees to reasonably cooperate with the Multifamily Developer
with respect to obtaining any such permits or approvals.
(d) The Multifamily Developer will obtain, in a timely manner, all required permits,
licenses and approvals, and will meet, in a timely manner, all requirements of all applicable
local, state and federal laws and regulations which must be obtained or met before the Minimum
Improvements may be lawfully constructed. The City agrees to reasonably cooperate with the
Multifamily Developer with respect to obtaining any such permits, licenses and approvals.
. (e) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Multifamily Developer is now a party
or by which it is bound, or constitutes a default under any of the foregoing.
(f j The Multifamily Developer would not acquire the Multifamily Development
Property and construct the Minimum Improvements but for the execution of this Agreement and
the tax increment assistance made available under this Agreement.
(g) The Multifamily Developer will reasonably cooperate with the City with respect
to any litigation commenced by third parties with respect to the Development.
ARTICLE III
Redevelopment Site Assembly
Section 3.1. Acquisition of Restaurant and Snelling Avenue Parcels. The City and the
Multifamily Developer acknowledge and agree as follows:
(a) The Multifamily Developer has acquired the Restaurant Parcel.
:1~~~~~ ;-1.:_'.(`~~December 29, 2003
88
(b) The City will exercise, to the extent of its legal authority to do so, its powers of
eminent domain to acquire the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
North of Larpenteur and convey the parcels to the Multifamily Developer in consideration of the
Multifamily Developer's payment of the Acquisition Costs. The Multifamily Developer shall
pay the Acquisition Costs upon receipt of Quit Claim Deeds ~~ +'~° ~ -~ ^*+^°~°a ~-°r°*-- ~~
~ed~le-~14.
Section 3.2. Acauisition of Shopping Center Parcel. The Multifamily Developer has
used its best efforts to acquire the Shopping Center Parcel directly from its third party owner
pursuant to terms and conditions that are feasible for the redevelopment of the Town Square Site.
As of the date of this Agreement, the Multifamily Developer has been unsuccessful in its efforts
to acquire the Shopping Center Parcel pursuant to such terms and conditions. The City,
therefore, will exercise its powers of eminent domain, to the extent of its legal authority to do so,
to acquire the Shopping Center Parcel and convey such parcel to the Multifamily Developer
pursuant to this Agreement.
Section 3.3. Commencement of Proceeding. T T~°~ °°°^•~*~°~ °~ +~~^ ^ a +, *The
City will proceed to acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the
Snelling Avenue Frontage Road -North of Larpenteur as expeditiously as practical. The
Multifamily Developer shall pay for all Acquisition Costs with respect to the Shopping Center
Parcel, the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -North of
• Larpenteur. The City acknowledges that time is of the essence and agrees to pursue its
acquisition responsibilities in an expeditious manner, including use of the "quick take"
condemnation process pursuant to Minnesota Statutes, Section 117.42. The City may take a
reasonable time to exhaust settlement before initiating condemnation.
Section 3.4. Costs of Acquisition. T'~~^ ^ m°„am°~~ _; ~~~~~~~~The Multifamily
Developer shall immediately depositing Two Hundred Fifty Thousand and No/100 Dollars
($250,000.00) with the City to be applied by the City at its discretion to cover Acquisition Costs.
To the extent that the deposit is not sufficient to cover all Acquisition Costs, the Multifamily
Developer shall pay to the City within fifteen (15) days of written demand by the City, or sooner
if the payment is needed to meet any deadline imposed by any statute, regulation, settlement or
court order, any additional amount necessary to meet such obligations. Developer will
indemnify and hold harmless the City from all Acquisition Costs.
Section 3.5. Conveyance of Parcels. Prior to the City taking title to and possession of the
Shopping Center Parcel or in any other way obligating itself to acquire the parcel, Multifamily
Developer shall pay to the City all Acquisition Costs incurred to date, compensation to be paid to
acquire the Shopping Center Parcel and deposit with the City an additional amount to cover
future Acquisition Costs which are reasonably identifiable at that time. As soon as possible after
the City takes title to and possession of the Shopping Center Parcel and the Snelling Avenue
Parcel, the City shall convey title to the Shopping Center Parcel and the Snelling Avenue Parcel
to the Multifamily Developer pursuant to Quit Claim Deeds ~„ +~° ~ ~. ^++^^~-^a ~ +
;~sl}ed~$~4.
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89
Section 3.6. Platting of Town Square Site. The Multifamily Developer shall obtain
approval of a Plat of the Town Square Site, known as Falcon Heights Town Square, and a
Planned Unit Development ("PUD") of such property, all in accordance with City ordinances
and procedures. In connection with approval of the Plat, the Multifamily Developer will enter
into a PUD Agreement and Construction Development Contract. The parties agree and
understand that on or before the Closing Date of the First Mortgage Loan, the Multifamily
Developer will (a) close on acquisition of the Shopping Center Parcel, any portion of the
Snelling Avenue Parcel required for the Multifamily Development Property and the Restaurant
Parcel, (b) file the Plat, and (c) convey portions of the platted property to the Senior Developer
and the Townhome Developer, all as further described in this Article.
Section 3.7. Convevance of Senior Development Property. The Multifamily Developer
will convey the Senior Development Property to the Senior Developer for such consideration
as the Multifamily Developer and the Senior Developer mutually agree.
Section 3.8. Convevance of Townhome Development Property. The Multifamily
Developer will convey the Townhome Development Property to the Townhome Developer for
such consideration as the Multifamily Developer and the Townhome Developer mutually agree.
ARTICLE IV
Tax Increment and Other Public Assistance
• Section 4.1. Tax Increment Certification. The City has established the Tax Increment
District pursuant to the Tax Increment Act.
Section 4.2. Reimbursable Costs. The City acknowledges that the high cost of
acquiring the Multifamily Development Property and preparing it for development necessitates
the City's provision of certain financial assistance to aid the Multifamily Developer.
Therefore, the City agrees that it will reimburse the Multifamily Developer for the Multifamily
Developer's payment of Reimbursable Costs of developing the Minimum Improvements. The
City's reimbursement of the Multifamily Developer shall be accomplished through the City's
issuance and payment of the Note. The Multifamily Developer shall be solely responsible for
initial payment of the Reimbursable Costs and all construction work related thereto. The
City's sole obligation in such regard shall be to issue the Note at the time stated in this
Agreement and to pay the Note in accordance with its terms.
Section 4.3. Issuance of Note. The City's shall issue the Note on the Closing Date. The
Note shall be substantially in the form of the Multifamily TIF Note attached to this Agreement,
with any blanks properly filled in. The Note (i) shall be dated as of the date of its issuance, (ii)
shall bear interest at the rate of interest payable on the Developer's First Mortgage Loan plus the
applicable mortgage insurance premium to such loan, and (iii) shall show a principal amount
sufficient to cover the property taxes actually paid by the Multifamily Developer with respect to
the Multifamily Development Property as provided in the Note taking into account the interest
rate determined under clause (ii) of this sentence. Interest shall begin to accrue at the later of (a)
submission by the Multifamily Developer to the City of invoices and certifications in such form
. as the City may reasonably require, demonstrating that the Multifamily Developer has paid the
,T, , t ~ _ ~ ~-,,. ~ f ,~ . f 11
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.~ ~.~~~~~ December 29, 2003
9~
Reimbursable Costs, and (b) January 1, 2005. The term of the Note shall coincide with the term
of the Tax Increment District.
Section 4.4. Conditions Precedent. The City's obligation to issue the Note shall be
subject to satisfaction, or waiver in writing by the City, of all of the following conditions
precedent:
(a) the Multifamily Developer shall not be in default under the terms of this
Agreement;
(b) the Multifamily Developer shall have secured all governmental permits and
approvals, including building permits, necessary to construct and operate the Minimum
Improvements;
(c) the Multifamily Developer shall have obtained and submitted to the City
acceptable evidence of ability to finance the Minimum Improvements as required under Section
7.1 of the Agreement; and
(d) The Multifamily Developer shall have submitted to the City and the City shall
have approved Construction Plans for the Minimum Improvements pursuant to Section 5.3 of
this Agreement.
Section 4.5. Developer Acknowled eg_ment. The Multifamily Developer acknowledges
• that the City has made no warranties or representations to the Multifamily Developer as to the
amounts of Tax Increment that will be generated or that the Tax Increment pledged to the
payment of the Note will be sufficient to pay the Note in whole or in part. Nor is the City
warranting that it will have throughout the term of this Agreement and the Note the continuing
legal ability under State law to apply Tax Increment to the payment of the Note, which continued
legal ability is a condition precedent to the City's obligations under the Note.
r]
L
Section 4.6. Assi~. The Multifamily Developer intends to assign the Note to the
First Mortgage Lender and HUD. The City agrees to cooperate with the Multifamily Developer
in connection with such assignment, including the execution of such assignment documents as
are required by the First Mortgage Lender or HUD.
Section 4.7. Real Pro~ert_y Taxes; Special Assessments. The Multifamily Developer
shall pay all ad valorem taxes and special assessments levied on the Multifamily Development
Property which are payable subsequent to the date Developer acquires title to the Multifamily
Development Property and prior to the Maturity Date.
Section 4.8. Other Public Assistance. The City agrees to cooperate and assist the
Multifamily Developer in obtaining any financing for the Development in addition to the
financing provided by the City pursuant to this Agreement.
ARTICLE V
~~~ ~~ '~-^" : ~=' ~'~December 29, 2003
91
shall be in substantial conformity with the Construction Plans as submitted by the Multifamily
• Developer and approved by the City, subject to changes permitted under Section 5.4.
Section 5.6. Certificate of Completion. The Multifamily Developer shall notify the City
when construction of the Minimum Improvements has been substantially completed. The City
shall promptly inspect the Minimum Improvements in order to determine whether such
Minimum Improvements have been constructed in substantial conformity with the approved
Construction Plans. If the City determines that the Minimum Improvements have not been
constructed in substantial conformity with the approved Construction Plans, the City shall
deliver a written statement to the Multifamily Developer indicating in adequate detail the
specific respects in which the Minimum Improvements have not been constructed in substantial
conformity with the approved Construction Plans and Developer shall promptly remedy such
deficiencies. Promptly upon determining that the Minimum Improvements have been
constructed in substantial conformity with the approved Construction Plans, the City will furnish
to the Multifamily Developer a Certificate of Completion certifying the completion of the
Minimum Improvements. The Certificate of Completion issued for the Minimum Improvements
shall conclusively satisfy and terminate the agreements and covenants of the Multifamily
Developer in this Agreement to construct the Minimum Improvements. The Multifamily
Developer shall cause the Certificate of Completion to be recorded in the proper office for
recordation of deeds and other instruments pertaining to the Multifamily Development Property.
Section 5.7. Zoning and Permitting. Nothing in this Agreement shall be deemed to
excuse the Multifamily Developer from complying with the City's normal zoning and
construction permitting process as it relates to the development of the Minimum Improvements.
ARTICLE VI
Insurance and Condemnation
Section 6.1. Insurance.
(a) The Multifamily Developer will provide and maintain or cause to be provided and
maintained at all times during the process of constructing the Minimum Improvements and, from
time to time at the request of the City, furnish the City with proof of payment of premiums on:
(i) Builder's risk insurance, written on the so-called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so called "all risk" form of policy;
(ii) General liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations, Broadening Endorsement including
contractual liability insurance) with limits against bodily injury and property damage of
not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an
umbrella excess liability policy may be used); and
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;~ ~~~~=_' (?A~December 29, 2003
93
(iii) Worker's compensation insurance, with statutory coverage and employer's
liability protection.
(b) After completion of construction of the Minimum Improvements, the Multifamily
Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to
time at the request of the City shall furnish proof of the payment of premiums on, insurance as
follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured against by similar
businesses, including (without limiting the generality of the foregoing) fire, extended
coverage, all risk vandalism and malicious mischief, boiler explosion, water damage,
demolition cost, debris removal, and collapse in an amount not less than the full insurable
replacement value of the Minimum Improvements, but any such policy may have a
deductible amount of not more than $25,000. No policy of insurance shall be so written
that the proceeds thereof will produce less than the minimum coverage required by the
preceding sentence, by reason of co-insurance provisions or otherwise, without the prior
consent thereto in writing by the City. The term "full insurable replacement value" shall
mean the actual replacement cost of the Minimum Improvements (excluding foundation
and excavation costs and costs of underground flues, pipes, drains and other uninsurable
items) and equipment, and shall be determined from time to time at the request of the
City, but not more frequently than once every three years, by an insurance consultant or
insurer, selected and paid for by the Multifamily Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability (with employee exclusion deleted), and automobile insurance, including
owned, non-owned and hired automobiles, against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of
$2,000,000.00.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Multifamily Developer, in such amount as is customarily
carried by like organizations engaged in like activities of comparable size and liability
exposure; provided that the Multifamily Developer may be self-insured with respect to all
or any part of its liability for worker's compensation.
(c) The policies of insurance required pursuant to Subsections (a) and (b) above shall
be in form and content satisfactory to the City and shall be placed with financially sound and
reputable insurers licensed to transact business in the State, the liability insurer to be rated A or
better in Best's Insurance Guide and shall contain an agreement of the insurer to give not less
than thirty (30) days' advance written notice to the City in the event of cancellation of such
policy or change affecting the coverage thereunder and shall name the City as an additional
named insured or loss payee, as appropriate.
•
:~ ~~_*:, .~--~~J;~ ~ December 29, 2003
9y
(d) The Multifamily Developer agrees to notify the City promptly in the case of
damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from fire or other casualty. In the event of any such damage, the
Multifamily Developer will forthwith repair, reconstruct and restore the Minimum Improvements
to substantially the same or an improved condition or value as existed prior to the event causing
such damage and, to the extent necessary to accomplish such repair, reconstruction and
restoration, the Multifamily Developer will apply the proceeds of any insurance relating to such
damage received by the Multifamily Developer to the payment or reimbursement of the costs
thereof. Any insurance proceeds remaining after completion of such repairs, construction and
restoration shall be remitted to the Multifamily Developer.
(e) The City agrees that any interest on its part by virtue of this Agreement in the
application or receipt of any proceeds of insurance under the policies required by subsections
(a)(i) or (b)(i) above shall be subordinate to the interest of the Multifamily Developer's lenders
of financing for the construction of the Minimum Improvements.
Section 6.2. Condemnation. In the event that title to and possession of the Minimum
Improvements or any material part thereof shall be taken in condemnation or by the exercise of
the power of eminent domain by any governmental body or other person, the Multifamily
Developer shall, with reasonable promptness after such taking, notify the City as to the nature
and extent of such taking. Upon receipt of any condemnation award, the Multifamily Developer
shall elect to either: (a) use the entire condemnation award to reconstruct the Minimum
Improvements (or, in the event only a part of Minimum Improvements have been taken, then to
S reconstruct such part) within the Tax Increment District; or (b) retain the condemnation award
whereupon in the event that a substantial portion of the Multifamily Development Property and
Minimum Improvements have been taken, the City's obligations under the Note shall be
terminated.
ARTICLE VII
Mortgage Financing
Section 7.1. Mortgage Financing, Prior to the issuance of the Note to the Multifamily
Developer, the Multifamily Developer shall provide to the City evidence that the Multifamily
Developer has secured or will secure financing sufficient for construction of the Minimum
Improvements. If the City finds that the evidence is acceptable, then the City shall notify the
Multifamily Developer in writing of its approval. Such approval shall not be unreasonably
withheld and either approval or rejection shall be given within fourteen (14) days from the date
when the City is provided the evidence. If the City rejects the evidence as inadequate, it shall do
so in writing specifying the basis for the rejection. In any event, the Multifamily Developer may
resubmit adequate evidence that it has secured or will secure financing after such rejection.
Section 7.2. Mortga eeg 's Option to Cure Events of Default. Upon the occurrence of an
Event of Default under this Agreement, the City agrees to use its best efforts to provide the
mortgagee under any Mortgage with written notice of such Event of Default and such mortgagee
• shall have the right, at its option, to cure or remedy such Event of Default; provided, that a
~~._}~ i #, ~".-'=~~December 29, 2003
9s
failure to give such notice shall not impair the City to exercise any remedy available to it as a
result of such Event of Default.
Section 7.3. Subordination of Agreement. In order to facilitate the obtaining of
financing for the construction of the Minimum Improvements, the City agrees that it will
consider and agree to reasonable requests to subordinate its rights with respect to the Multifamily
Development Property and the Minimum Improvements to the rights of the Multifamily
Developer's lenders under their loan documents.
ARTICLE VIII
Prohibitions Against Assignment and Transfer, Indemnification
Section 8.1. Prohibition Against Transfer of Development Property and Assignment of
Agreement. The Multifamily Developer represents and agrees that the Multifamily Developer
has not made or created, and will not make or create, or suffer to be made or created, any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Multifamily Development Property
(except for leases of residential units or leases of retail space, assignments or encumbrances in
favor of a lender providing construction or permanent financing for the Minimum Improvements,
or easements or other encumbrances necessary for the Development) or any part thereof or any
interest herein or therein, or any contract or agreement to do any of the same, without the prior
written approval of the City, which approval shall not be unreasonably withheld or delayed. No
• assignment or transfer shall relieve the Multifamily Developer of any liability under this
Agreement unless the City agrees in writing to such release. The restrictions on transfer and
encumbrance of the Multifamily Development Property set forth in this Section shall terminate
with respect to the Minimum Improvements on the expiration of the term of this Agreement.
Section 8.2. Release and Indemnification Covenants.
(a) The Multifamily Developer releases from and covenants and agrees that the City
and the governing body members, officers, agents, servants and employees thereof (referred to
for purposes of this Section collectively as the "Indemnified Parties") shall not be liable for and
agrees to indemnify and hold harmless the Indemnified Parties 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 Minimum Improvements, except to the extent caused by the negligence, gross
negligence, willful misrepresentation or any willful or wanton misconduct of the Indemnified
Parties.
(b) Except when caused by any negligence, gross negligence, willful
misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the
Multifamily Developer agrees to protect and defend the Indemnified Parties, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from
this Agreement, or the transactions contemplated hereby or the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements.
.~;=rte '~;--~'~~December 29, 2003
9~
• (c) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City in the individual capacity thereof.
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The term "Event of Default" shall mean,
whenever it is used in this Agreement (unless the context otherwise provides), any failure by
Developer or the City to substantially observe or perform any material covenant, condition,
obligation or agreement on its part to be observed or performed hereunder.
Section 9.2. City's Remedies on Default. Whenever any Event of Default by Developer
occurs, the City may take any one or more of the following actions after providing thirty (30)
days written notice to the Multifamily Developer of the Event of Default, but only if the Event of
Default has not been cured within said thirty (30) days, provided, however, that if such Event of
Default is by its nature incapable of cure within thirty (30) days if the Multifamily Developer
provides to the City evidence, reasonably acceptable to the City, that the Event of Default will be
cured and will be cured as soon as reasonably possible, then the Multifamily Developer shall
have such additional time as is reasonably necessary to cure such Event of Default but only so
long as the Multifamily Developer is diligently pursuing such cure:
(a) Suspend its performance of the City's obligations under this Agreement and the
Note until the Event of Default is cured. If the City suspends its performance of its obligation to
make payments due under the Note, the City shall make the suspended payments to the
Multifamily Developer within five (5) business days following the Multifamily Developer's cure
of the Event of Default. The City is not obligated to invest any amounts the City retains as a
result of the City's suspension of its performance of its obligation to make payments under the
Note, and is not obligated to pay Developer interest on the amount of the suspended payments
between the date the payment is suspended and the date the City makes the suspended payment
to the Multifamily Developer.
(b) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to the City to collect any payments due under this Agreement,
or to enforce performance and observance of any obligation, agreement, or covenant of the
Multifamily Developer under this Agreement.
Ic- If Developer defaults on its obligation to pay Acquisition Costs under Article III,
the City may abandon the condemnation proceeding. Any costs incurred by the City,
inc-uding any amounts the City is obligated to pay to owners named in the condemnation
petition or other individuals or entities for attorneys fees, appraisal fees, relocation payments
and other costs shall be considered Acquisition Costs.
•
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R'~
Section 9.3. Developer's Remedies on Default. Whenever any Event of Default by City
i occurs, the Multifamily Developer may take whatever action, including legal, equitable or
administrative action (including an action for specific performance), which may appear
necessary or desirable to the Multifamily Developer to collect any payments due under this
Agreement, or to enforce performance and observance of any obligation, agreement, or covenant
of the City under this Agreement after providing thirty (30) days written notice to the City of the
Event of Default, but only if the Event of Default has not been cured within said thirty (30) days,
provided, however, that if such Event of Default is by its nature incapable of cure within thirty
(30) days if the City provides to the Multifamily Developer evidence, reasonably acceptable to
the Multifamily Developer, that the Event of Default will be cured and will be cured as soon as
reasonably possible, then the Multifamily Developer shall have such additional time as is
reasonably necessary to cure such Event of Default but only so long as the City is diligently
pursuing such cure.
Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
City or Developer 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 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 maybe deemed expedient. In order to entitle the City
or the Multifamily Developer to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required in this Article IX.
Section 9.5. No Additional Waiver Im lied b One Waiver. In the event an
y a~rccmcnt
contained in this Agreement should be breached by either party and thereafter waived 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.
Section 9.6. Costs of Enforcement. Whenever any Event of Default by the Multifamily
Developer occurs and the City shall employ attorneys or incur other expenses for the collection
of payments due or to become due or for the enforcement of performance or observance of any
obligation or agreement on the part of the Multifamily Developer under this Agreement, the
Multifamily Developer agrees that it shall be liable for the reasonable fees of such attorneys and
such other reasonable expenses so incurred by the City.
ARTICLE X
Additional Provisions
Section 10.1. Representatives Not Individually Liable. No member, official, or
employee of the City shall be personally liable to the Multifamily Developer, or any successor in
interest, in the event of any default or breach or for any amount which may become due to
Developer or its successor or on any obligations under the terms of the Agreement.
•
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98
Section 10.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and
. Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.3. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Multifamily Developer, is addressed to or delivered personally
to the Multifamily Developer at 233 Park Avenue South, Suite 201, Minneapolis, Minnesota
55415; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, 2077 West Larpenteur Avenue, Falcon Heights, Minnesota 55113.
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.4. Disclaimer of Relationships. Nothing contained in this Agreement nor any
act by the City or the Multifamily Developer shall be deemed or construed by any person to
create any relationship of third-party beneficiary, principal and agent, limited or general partner,
or joint venture among the City, the Multifamily Developer, and/or any third party.
• Section 10.5. Modifications. This A reement ma be modified solel throu h
g y y g written
amendments hereto executed by the Multifamily Developer and the City.
Section 10.6. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.7. Judicial Interpretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the parry who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof.
Section 10.8. Business Subsidy Agreement. The City has held a public hearing on the
provision of a business subsidy to the Multifamily Developer as required by Minnesota Statutes,
Sections 116J.993 to 116J.995. After the public hearing the City found that there are no wage or
job goals required of the Multifamily Developer because the primary purpose of the City in
assisting the Multifamily Developer's development is to eliminate blighted and deteriorating
improvements on the subject property and to provide affordable housing for low and moderate
income persons and their families, and not for the purposes of job creation or retention.
Notwithstanding the foregoing, at the time of conveyance of the Shopping Center Parcel to the
C7
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.kt~~~e-l ~. `?A~~December 29, 2003
99
Multifamily Developer, the Multifamily Developer shall enter into the Business Subsidy
Agreement to satisfy the other requirements of the law.
Section 10.9. Term. The term of this Agreement shall be effective from the day and year
first above written until the Maturity Date.
Section 10.10. Park Dedication Fee. The Multifamily Developer agrees to pay to the
City 5150,000.00 as the Park Dedication Fee applicable to the following three developments
known as the Town Square Project: (1) the Multifamily Development to be constructed on
real property legally described as Lot 1, Block 1, Falcon Heights Town Square Second
Addition; 12- the Senior Development to be constructed on real property legally described as
Lot 1, Block 1, Falcon Heights Town Square; and 13- the Townhome Development to be
constructed on real property legally described as Lot 2, Block 1, Falcon Heights Town Square.
The Park Dedication Fee will be paid in two installments: 575,000.00 will be paid on the
closing date of the first mortgage loan for the portion of the Town Square Project commonly
referred to as the Multifamily Development; and 575,000.00 will be paid on December 31,
2005.
ARTICLE XI
HUD Requirements
Section 11.1. Subordination. Notwithstanding anything in this document to the contrary,
except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the provisions hereof are expressly
subordinate to the promissory note dated as of , 2003, given by Developer to
Glaser Financial Group, Inc. (the "HUD Note"), the mortgage securing the HUD Note (the
"HUD Mortgage"), the regulatory agreement executed in connection with the HUD Note (the
"HUD Regulatory Agreement") (collectively, the "HUD Loan Documents"), and subordinate to
all applicable HUD mortgage insurance (and Section 8, if applicable) regulations and related
administrative requirements. In the event of any conflict between the provisions of this
document and the provisions of applicable HUD regulations, related HUD administrative
requirements, or HUD Loan Documents, the HUD regulations, related administrative
requirements or HUD Loan Documents shall control.
Section 11.2. Foreclosure. In the event of foreclosure of the HUD Mortgage or transfer
of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall
automatically terminate (except that the requirements set out in 26 U.S.C. 42(h)(6)(E)(ii) that for
three (3) years low income tenants may not be evicted and their rents may not be raised may
remain on the Project, as defined in the HUD Note.
Section 11.3. Default. Failure to comply with the land-use covenants contained herein
will not serve as basis for default on the HUD Mortgage.
Section 11.4. Covenants. The covenants contained herein are not included in any of the
HUD Loan Documents.
•
•~?r~r-i ' _--'q'tr=December 29, 2003
loa
Section 11.5. Enforcement. Enforcement of the covenants herein will not result in any
claim against the Project, the proceeds from the HUD Mortgage, any reserve or deposit required
by HUD in connection with the mortgage transaction, or the rents or other income and the
Property other than from available Surplus Cash, as defined in the HUD Regulatory Agreement.
Section 11.6. Amendment. So long as the Development is subject to a mortgage insured
or held by HUD, any subsequent amendment to this document is subject to prior written HUD
approval of such amendment.
Section 11.7. No Action. No action shall be taken in accordance with the rights granted
herein, or prohibiting the Multifamily Developer from taking any action, except in strict
accordance with the National Housing Act, applicable mortgage insurance regulations, HUD
Loan Documents, or if applicable, Section 8 of the U.S. Housing Act of 1937 and the regulations
thereunder.
Section 11.8. Covenant. The Multifamily Developer warrants that the covenants
contained herein do not conflict with any applicable HUD mortgage insurance regulation of
Section 8 of the U.S. Housing Act of 1937 and the regulations thereunder.
[The remainder of this page has been left blank intentionally.
Signature pages follow.]
LJ
.~~.~~~ ~_, ?~~December 29, 2003
101
•
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
C
•
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
by Susan L. Gehrz and by Heather M. Worthington, respectively the
Mayor and City Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
,!~~~~~~i L :'~~~~December 29, 2003
~ba
SIGNATURE PAGE TO
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
By
George E. Sherman
Its President
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
by George E. Sherman, the President of Sherman Associates, Inc., a
Minnesota corporation, the General Partner of Falcon Heights Town Square Limited Partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
• }
''s:ri~E~l zz~i}3: ~ +-£.~~rx i£?rzz~:.~}3~ .'rt=rt~-~'??~=r
.-~~~~ ~ (.:~~?December 29, 2003
Notary Public
24
103
• SCHEDULE A
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Multifamily Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Outlot A, FALCON HEIGHTS TOWN SQUARE
•
•
la4
SCHEDULE B
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Site Plan for Falcon Heights Town Square
(See Attached)
•
•
IaS
• SCHEDULE C
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Senior Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE
•
ID6
SCHEDULE D
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Townhome Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 2, Block 1, FALCON HEIGHTS TOWN SQUARE
•
•
Io'~
SCHEDULE E
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
BUSINESS SUBSIDY AGREEMENT
THIS AGREEMENT, made on or as of the day of , by and
between the City of Falcon Heights, a Minnesota municipal corporation (hereinafter referred to
as the "City"), and Falcon Heights Town Square Limited Partnership, a Minnesota limited
partnership (hereinafter referred to as the "Multifamily Developer").
WHEREAS, the Multifamily Developer and the City have entered into an Amended and
Restated Development Agreement dated effective as of (the "Contract")
pursuant to which the Multifamily Developer has agreed to construct a mixed use
residential/commercial development within the City; and
WHEREAS, in order to induce the Multifamily Developer to undertake such
development, the City has agreed in the Contract to provide certain assistance to the Multifamily
Developer by reimbursing the Multifamily Developer for certain costs of preparing such property
for construction of the development; and
• WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, provides that a
government agency that provides financial assistance for certain purposes must enter into a
business subsidy agreement setting forth goals to be met and the financial obligations of the
recipient of the assistance if the goals are not met; and
WHEREAS, the City Council of the City has held a public hearing concerning the
assistance to be provided to the Multifamily Developer and has determined that the goals sought
to be accomplished by assisting the Multifamily Developer do not include wage and job goals;
and
WHEREAS, the City and the Multifamily Developer agreed in the Contract that they
would enter into this Business Subsidy Agreement to satisfy the requirement of sections
116J.993 to 116J.995.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
• from the context:
1 os
• "Act" means Minnesota Statutes, Sections 116J.993-.995.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Benefit Date" means the earlier of: (i) the date that the Commercial Component of the
Improvements is completed; or (ii) the date that the Commercial Component of the
Improvements is first occupied.
"City" means the City of Falcon Heights, Minnesota.
"Commercial Component" means that portion of the Improvements consisting of
approximately 12,000 square feet of retail space.
"Contract" means the Amended and Restated Development Agreement between the City
and the Multifamily Developer dated effective as of
"Multifamily Developer" means Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership, its successors and assigns, or any future owners of the
Multifamily Development Property.
• "Multifamily Development Property" means the real property described as such in the
Contract.
"Improvements" means the construction by the Multifamily Developer of a
commercial/residential development pursuant to the Contract.
"State" means the State of Minnesota.
"Subsidy" means the tax increment financing assistance provided to the Multifamily
Developer under the Contract and which is attributable to the Commercial Component; provided,
that the amount of the Subsidy at any particular time shall not exceed the amount that has been
actually paid to the Multifamily Developer.
ARTICLE II
Job and Wage Goals; Required Provisions
Section 2.1. Emnloyment and Wage Requirements. The City has determined that no
wage and job goals will be imposed on the Multifamily Developer.
Section 2.2. Reports. The Multifamily Developer agrees that it will provide to the City
and any other authorized agency all reports required by the Act. Such reports shall be submitted
at the times required by the Act.
•
ld9
Section 2.3. Continuing Obli ag tion. The Multifamily Developer agrees that it will
continuously operate the Commercial Component of the Improvements for a period of at least
five (5) years from the Benefit Date.
Section 2.4. Required Provisions. The following provisions are required by the Act:
(a) The Subsidy is being provided for the public purposes of developing redeveloping
property containing substandard buildings and improvements. The Subsidy is necessary to offset
the high costs associated with acquiring the Multifamily Development Property and preparing it
for development. Absent the Subsidy, redevelopment of the Multifamily Development Property
would not be economically feasible.
(b) The Subsidy is being financed with tax increment generated from the City's Tax
Increment Financing District No. 1-3, a redevelopment tax increment district.
ARTICLE III
Default
Section 3.1. Defaults Defined. It shall be a default under this Agreement if the
Multifamily Developer fails to comply with any term or provision of this Agreement, and fails to
cure such failure within thirty (30) days after written notice to the Multifamily Developer of the
default, but only if the default has not been cured within said thirty (30) days.
Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable
loan, repayable only if the Multifamily Developer fails to fulfill its obligations under section 2.3
of this Agreement. Upon the occurrence of a failure to continue operations as required by
Section 2.3 the Multifamily Developer shall repay to the City upon written demand from the City
a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as
defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term
"pro rata share" means sixty (60) less the number of months of operation (where any month in
which the Improvements are in operation for at least fifteen (15) days constitutes a month of
operation), commencing on the Benefit Date and ending with the date the Multifamily Developer
ceases operation as reasonably determined by the City, divided by 60.
Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement
and the City shall employ attorneys or incur other expenses for the collection of payments due or
for the enforcement of performance or observance of any obligation or agreement on the part of
the Multifamily Developer under this Agreement, the Multifamily Developer shall be liable to
the City for the reasonable fees of such attorneys and such other expenses so incurred by the
City.
•
~!b
ARTICLE IV
Miscellaneous
Section 4.1. Provisions of Agreement Not Affected. Except as expressly provided
herein, this Agreement is not intended to modify or limit in any way the terms of the Contract.
Section 4.2. Titles of Articles and Sections Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 4.3. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Multifamily Developer and the City.
Section 4.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 4.5. Judicial Interoretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof. The City and Multifamily Developer
agree that this Agreement is intended to satisfy the requirements of the Act, which is
incorporated herein and made a part hereof by reference. In the event that any provision of this
Agreement conflicts with the terms of the Act, the terms of the Act shall govern.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
• Notary Public
COUNTY OF HENNEPIN )
By
C7
STATE OF MINNESOTA
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
George E. Sherman
Its President
SS.
The foregoing instrument was acknowledged before me this day of
by George E. Sherman, the President of Sherman Associates, Inc., a
Minnesota corporation, the General Partner of Falcon Heights Town Square Limited Partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
iia
SCHEDULE F
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
CERTIFICATE OF COMPLETION
WHEREAS, the City of Falcon Heights, a Minnesota municipal corporation (hereinafter
referred to as the "City"), and Falcon Heights Town Square Limited Partnership, a Minnesota
limited partnership (hereinafter referred to as the "Multifamily Developer") by an Amended and
Restated Development Agreement dated (the "Agreement"), has assisted
Multifamily Developer in the financing of the Minimum Improvements (as defined in the
Agreement) constructed upon the following described land in the County of Ramsey, State of
Minnesota (the "Multifamily Development Property"):
Lot 1, Block 1, Falcon Heights Town Square Second Addition;
and
WHEREAS, the Agreement contained certain covenants and conditions and the
• Multifamily Developer has fully and duly performed all of said covenants and conditions insofar
as the Multifamily Developer is able; and
WHEREAS, the issuance of this Certificate of Completion by the City is not intended
nor shall it be construed to be a warranty or representation by the City as to the structural
soundness of the improvements, quality of materials, workmanship or the fitness of the
improvements for their proposed use; and
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Multifamily Developer under the
Agreement have been completed and all of the covenants and conditions in the Agreement
relating thereto have been duly and fully performed by the Multifamily Developer therein and
that the provisions of the Agreement in favor of the City therein are hereby released absolutely
and forever insofar as it applies to the construction of the Minimum Improvements on the
Multifamily Development Property, and the County Recorder and the Registrar of Titles, as
applicable, in and for the County of Ramsey, State of Minnesota is hereby authorized to accept
for recording and to record this instrument, to be a conclusive determination of the satisfactory
termination of the covenants and conditions regarding the construction of the Minimum
Improvements on the Multifamily Development Property as provided in the Agreement.
I~3
IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed in
its name and behalf on or as of the day of 200_.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
Heather M. Worthington
City Administrator/Clerk
The foregoing instrument was acknowledged before me this day of
200_, by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
•
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
SCHEDULE G
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFAMILY TIF NOTE)
The City of Falcon Heights, Minnesota (the "City"), hereby acknowledges itself to be
indebted and, for value received, promises to pay to the order of Falcon Heights Town Square
Limited Partnership, a Minnesota limited partnership, or its permitted assigns (the "Owner"),
solely from the source, to the extent and in the manner hereinafter provided, the principal amount
of this Note, being Dollars ($ .00)
(the "Principal Amount"), together with interest thereon at the rate of percent
(_%) per annum (the "Rate"). Interest shall begin to accrue on the unpaid principal amount of
this Note on January 1, 2005. The amounts due under this Note are payable on June 30 and
December 31 of each year commencing on June 30, 2006, and continuing to and including
December 31, 2031 (the "Scheduled Payment Dates"). This Note is the note referred to as the
Multifamily TIF Note in that certain Amended and Restated Development Agreement dated as
of ,between the City and the Owner (the "Agreement").
Each payment on this Note is payable in any coin or currency of the United States of
America which on the date of such payment is legal tender for public and private debts and shall
be made by check or draft made payable to the Owner and mailed to the Owner at its postal
address within the United States which shall be designated from time to time by the Owner.
The Note is a special and limited obligation and not a general obligation of the City,
which has been issued by the City pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to
aid in financing a "project", as therein defined, of the City consisting generally of defraying
certain capital and administrative costs incurred and to be incurred by the City within and for the
benefit of its Municipal Development District No. 1 (the "Project").
THIS NOTE IS SPECIAL AND LIMITED AND NOT A GENERAL
OBLIGATION OF THE CITY PAYABLE SOLELY OUT OF AVAILABLE TAX
INCREMENT, AS DEFINED BELOW, AND NEITHER THE STATE NOR ANY
POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR
•
/~ S
SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN AVAILABLE TAX INCREMENT.
The Scheduled Payment of this Note due on any Scheduled Payment Date is payable
solely from and only to the extent that the City shall have received in the six (6) month period
preceding such Scheduled Payment Date "Multifamily Available Tax Increment" and/or
"Multifamily Supplemental Available Tax Increment". For purposes of this Note, Multifamily
Available Tax Increment and Multifamily Supplemental Available Tax Increment with respect to
any Scheduled Payment Date shall have the meaning set forth in the Agreement and shall be
referred to collectively in this Note as "Available Tax Increment". Available Tax Increment
constitutes all or a portion of the tax increment generated in the calendar year of the Scheduled
Payment Date with respect to that certain real property described on the attached Exhibit A
(hereinafter referred to as the "Property").
The City shall pay on each Scheduled Payment Date to the Owner, the Available Tax
Increment received by the City in the six (6) month period preceding such Scheduled Payment
Date. To the extent that on the Maturity Date (as defined in the Agreement) after making any
Scheduled Payment to be made on such date, the City has not paid the entire Principal Amount
and interest due under this Note, this Note shall nonetheless terminate and the City shall have no
further obligations hereunder. All payments made by the City under this Note shall be first
applied to accrued interest and then to the Principal Amount.
• The City's obligations herein are subject to the terms and conditions of the Agreement.
The City's payment obligations hereunder may be suspended pursuant to Section 9.2 of the
Agreement. If the City suspends its performance of its obligation to make payments due under
this Note, the City shall make the suspended payments to the Owner within five (5) business
days following the cure of the Event of Default (as defined in the Agreement). The City is not
obligated to invest any amounts the City retains as a result of the City's suspension of its
performance of its obligation to make payments under this Note, and is not obligated to pay
Owner interest on the amount of the suspended payments between the date the payment is
suspended and the date the City makes the suspended payment to the Multifamily Developer.
This Note shall not be payable from or constitute a charge upon any funds of the City,
and the City shall not be subject to any liability hereon or be deemed to have obligated itself to
pay hereon from any funds except Available Tax Increment, and then only to the extent and in
the manner herein specified. The Owner shall never have or be deemed to have the right to
compel any exercise of any taxing power of the City or of any other public body, and neither the
City nor any director, commissioner, council member, board member, officer, employee or agent
of the City, nor any person executing or registering this Note shall be liable personally hereon by
reason of the issuance or registration hereof or otherwise.
This Note shall not be transferable or assignable, in whole or in part, by the Owner
without the prior written consent of the City. The City hereby consents to the assignment of this
IIG
Note to the First Mortgage Lender and HUD (as such terms are defined in the Agreement). This
• Note is issued pursuant to Resolution of the City and is entitled to the benefits
thereof, which resolution is incorporated herein by reference.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened,
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the City of Falcon Heights, by its City Council, has caused
this Note to be executed by the manual signatures of the Mayor and the City Administrator/Clerk
of the City and has caused this Note to be dated
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
n
By
Heather M. Worthington
City Administrator/Clerk
• EXHIBIT A TO
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFAMILY TIF NOTE)
Legal Description of Development Property
Lot 1, Block 1, Falcon Heights Town Square Second Addition
Lot 2, Block 1, Falcon Heights Town Square
118
• SCHEDULE H
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
PLAT OF FALCON HEIGHTS TOWN SQUARE
(See Attached)
•
~i9
SCHEDULEI
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
RESTAURANT PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Tract A, Registered Land Survey No. 73.
n
U
• SCHEDULEJ
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SHOPPING CENTER PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Parcel 1:
Tracts A through K, Registered Land Survey No. 94.
Parcel 2:
Tract A, except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet of
the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2.
Parcel 3:
The West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of the
. Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29,
Range 23, except public streets and highways.
l91
SCHEDULE K
TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SNELLING AVENUE PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter
of the Northwest Quarter of Section 22, Township 29 North, Range 23 West, Ramsey County,
Minnesota, lying Northerly of the Westerly extension of the Southerly line of Tract A,
Registered Land Survey Number 2;
which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the
North line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on
an azimuth of 179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line
1 to be described; thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet;
thence on an azimuth of 179 degrees, 53 minutes 31 seconds for 550.89 feet and there
terminating.
•
A
•
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
By and Between
•
THE CITY OF FALCON HEIGHTS
and
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
•
•
LIST OF SCHEDULES
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCHEDULE I
SCHEDULE J
SCHEDULE K
Description of Multifamily Development Property
Site Plan for Falcon Heights Town Square
Description of Senior Development Property
Description of Townhome Development Property
Business Subsidy Agreement
Certificate of Completion
Multifamily TIF Note
Plat of Falcon Heights Town Square
Restaurant Parcel
Shopping Center Parcel
Snelling Avenue Parcel
•
•
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT
("Agreement"), effective the 7th day of January, 2004, by and between the City of Falcon
Heights, a Minnesota municipal corporation (hereinafter referred to as the "City"), and Falcon
Heights Town Square Limited Partnership, a Minnesota limited partnership (hereinafter referred
to as the "Multifamily Developer"), amends and restates the Development Agreement between
the parties, dated effective July 18, 2003 and the First Amendment to Development Agreement
between the parties, dated effective July 18, 2003.
WITNESSETH:
WHEREAS, the City is a municipal corporation organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the Council of the City (the
"Council"); and
WHEREAS, the City has established within the City its Municipal Development District
No. 1 pursuant to Minnesota Statutes, Sections 469.124 - 469.134, providing for-the development
and redevelopment of certain areas located within the City (which development district is
hereinafter referred to as the "Project"); and
WHEREAS, the City has approved the establishment of its Tax Increment Financing
District No. 1-3 within the Project pursuant to Minnesota Statutes, Sections 469.174-469.179
(which tax increment financing district is hereinafter referred to as the "Tax Increment District");
and
WHEREAS, pursuant to Minnesota Statutes, Section 469.176, subdivision 4, tax
increment derived from the Tax Increment District may be used in accordance with the tax
increment financing plan created in connection with the establishment of the Tax Increment
District to pay the capital and administration costs of the Project; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.126, the City is authorized
within the Project to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or
promote developments; and
WHEREAS, the Multifamily Developer has presented to the City a proposal under
which the Multifamily Developer would redevelop certain real property located within the Tax
Increment District as more particularly described in Schedule A attached hereto and made a part
hereof (the "Multifamily Development Property"); and
WHEREAS, the Multifamily Developer's proposal for the Multifamily Development
Property is to construct an approximately 119 unit multifamily rental project which would
include approximately 12,000 square feet of commercial retail space on the first floor and a
below-grade parking structure (the "Multifamily Development"); and
•
WHEREAS, the redevelopment of the Multifamily Development Property is part of a
larger redevelopment project known as "Falcon Heights Town Square" which will involve the
redevelopment of the Multifamily Development Property and certain real property adjacent to
the Multifamily Development Property also located within the Tax Increment District (the
"Town Square Site"); and
WHEREAS, the site plan for the Town Square Site attached hereto as Schedule B and
made a part hereof shows (i) the Multifamily Development, (ii) a 56 unit senior rental project
which would include abelow-grade parking structure (the "Senior Development") to be
constructed on the real property described on Schedule C attached hereto and made a part hereof
(the "Senior Development Property"), and (iii) a 14 unit for-sale townhome project (the
"Townhome Development") to be constructed on the real property described on Schedule D
attached hereto and made a part hereof (the "Townhome Development Property"); and
WHEREAS, the City will enter into a Development Agreement with Town Square
Senior Apartments LLC, a Minnesota limited liability company (the "Senior Developer") with
respect to the Senior Development (the "Senior Development Agreement") and a Development
Agreement with Townhomes at Town Square LLC, a Minnesota limited liability company (the
"Townhome Developer") with respect to the Townhome Development (the "Townhome
Development Agreement"); and
WHEREAS, the Multifamily Developer has as part of its proposal requested that the
City provide certain financial assistance to aid in the development of the Multifamily
Development, without which assistance such development would not be feasible; and
WHEREAS, the City believes that the redevelopment of the Multifamily Development
Property and the provision of the housing and retail space as proposed by the Multifamily
Developer is in the best interest of the City and its residents and in accord with the public
purposes and provisions of applicable federal, state and local laws under which the Multifamily
Development is being undertaken and assisted; and
NOW THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section l.l. Definitions. In this Agreement, the terms defined in the recitals shall have
the meanings set forth therein and the following terms shall have the following meanings, unless
a different meaning clearly appears from the context:
"Acquisition Costs" means the total amount paid by the City to acquire or attempt to
acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue
Frontage Road -North of Larpenteur, including, but not limited to, the following: (1) the
amount of compensation paid by the City for the real property either by settlement or as •
2
determined in the eminent domain proceedings to the owners of the Shopping Center Parcel and
Snelling Avenue Parcel; (2) any payment to any owner or tenant for loss of going concern value;
(3) any payment for fixtures; (4) relocation benefits paid to an owner or tenant pursuant to Minn.
Stat. Ch. 117, the Federal Uniform Relocation Assistance Act, or any other state or federal
statute or regulation; (5) costs incurred by the City in providing relocation services; (6) all
appraisal costs; (7) reasonable legal fees incurred by the City in any aspect of either the eminent
domain proceeding or relocation benefit process; (8) appraisal, relocation and other expert
witness fees and costs, and any other reasonable litigation expenses incurred in connection with
the eminent domain proceedings or relocation benefit process.
"Act" means Minnesota Statutes, Sections 469.124-469.134, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Business Subsidy Agreement" means the agreement in the form attached hereto as
Schedule E executed by the City and the Multifamily Developer pursuant to Section 10.8 of this
Agreement.
"Certificate of Completion" means the certificate in substantially the form attached hereto
as Schedule F signed by the City certifying completion of the Minimum Improvements.
"City" means the City of Falcon Heights, a Minnesota municipal corporation, or its
successors or assigns.
"Closing Date" means the closing date of the First Mortgage Loan.
"Commercial Component" means that portion of the Minimum Improvements consisting
of approximately 12,000 square feet of retail space.
"Construction Development Contract" means the Development Contract to be entered
into between the City and the Developers, and mutually agreeable to the City and the
Developers, regarding platting, public improvements and other matters relating to the
redevelopment of the Town Square Site.
"Construction Plans" means the site plan, utility plan, grading and drainage plan,
landscape plan, elevations drawings, materials list and related documents on the construction
work to be performed by the Multifamily Developer on the Multifamily Development Property,
or in the public right of way as may be required by the City in its approval process, and which
will be submitted to and approved by the City Council of the City, together with any conditions
imposed by the City Council in connection with its approval.
"Completion Date" means the date a Certificate of Completion with respect to the
Minimum Improvements is delivered.
"County" means Ramsey County, Minnesota.
"Developers" means collectively, the Multifamily Developer, the Senior Developer and
the Townhome Developer.
"Environmental Laws" means all present or future laws, statutes, treaties, rules,
regulations, orders, ordinances, permits, licenses, judgments or decrees enacted by any
Governmental Authority to regulate any materials, wastes and/or substances in the environment.
"Event of Default" means an action by the Multifamily Developer listed in Article IX of
this Agreement.
"First Mortgage Lender" means Glaser Financial Group, Inc.
"First Mortgage Loan" means a loan from the First Mortgage Lender and insured by the
Federal Housing Administration of HUD pursuant to Section 221(d)(4) of the National Housing
Act of 1984, as amended, and the regulations thereunder.
"Governmental Authority" means the United States Environmental Protection Agency,
the United States Department of Labor, the United States Department of Transportation, or any
other local, state or federal government authority.
"Hazardous Material" means any substance, waste, or material now or hereafter
determined by .any Governmental Authority to pose a risk of injury to health, safety and/or
property, including but not limited to (i) all materials, wastes and substances now or hereafter
designated as hazardous or toxic by any Governmental Authority, (ii) all materials, wastes and
substances now or hereafter designated or defined as hazardous, extremely hazardous or toxic
pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42
U.S.C. 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or
any other Environmental Laws, and (iii) asbestos, urea formaldehyde, polychlorinated biphenyls,
and petroleum products.
"HUD" means the Department of Housirig and Urban Development.
"Maturity Date" means the date that the Tax Increment District is terminated.
"Met Council LCDA Funds" means the funds in the total amount of $1,000,000, awarded
to the City by the Metropolitan Council for the redevelopment of the Town Square Site.
"Minimum Improvements" means the improvements to be constructed by the Multifamily
Developer on the Multifamily Development Property consisting of the Commercial Component,
the Multifamily Component, and the Parking Component.
"Mortgage" means any mortgage loan to the Multifamily Developer that is secured, in
whole or in part, with the Minimum Improvements and the Multifamily Development Property.
4
"Multifamily Component" means that portion of the Minimum Improvements consisting
of approximately 119 units of multifamily rental housing.
"Multifamily Developer" means Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership, and its successors and assigns.
"Multifamily Development" means the Multifamily Development Property and the
Minimum Improvements to be constructed thereon as provided in this Agreement.
"Multifamily Development Property" means the real property legally described on the
attached Schedule A.
"Multifamily TIF Note" means the Taxable Tax Increment Revenue Note to be issued by
the City pursuant to this Agreement, which Note shall be substantially in the form of the note
attached to this Agreement as Schedule G.
"Multifamily Available Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Multifamily Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Multifamily TIF Note. For
purposes of determining the amount of Multifamily Available Tax Increment, 53.25% of the
original net tax capacity of the Tax Increment District shall be allocated to the Multifamily
Development Property.
"Multifamily Supplemental Available Tax Increment" means that portion of the
Supplemental Available Tax Increment allocated to the Multifamily TIF Note.
"Note" means the Multifamily TIF Note.
"Parking Component" means that portion of the Minimum Improvements consisting of a
below-grade structure which will contain approximately 150 parking stalls.
"Plat" means the plat of subdivision of the Town Square Site, known as Falcon Heights
Town Square, a copy of which is attached hereto as Schedule H.
"Preliminary Plans" means the site plan and building elevations submitted to the City in
connection with the City's planned unit development approval process.
"Project" means the City's Municipal Development District No. 1.
"Project Area" means the real property located within the boundaries of the Project.
"Project Plan" means the plan and development program adopted in connection with
creation of the Project.
• "PUD Agreement" means the Planned Unit Development Agreement to be entered into
between the City and the Developers, and mutually agreeable to the City and the Developers.
"Reimbursable Costs" means the portion of the costs to be incurred by the Multifamily
Developer in connection with the development of the Minimum Improvements to be reimbursed
by the City through the issuance and payment of the Note which costs are further described in
the Tax Increment Plan, including land acquisition costs and parking facilities.
"Relocation Benefits" means the relocation assistance, services, payments and benefits
required under Minnesota Statutes Sections 117.50-117.56.
"Restaurant Parcel" means the real property depicted and legally described on Schedule I
currently improved by a restaurant commonly known as "Dino's Gyros".
"Senior Developer" means Town Square Senior Apartments LLC, a Minnesota limited
liability company, and its permitted successors and assigns.
"Senior Development Property" means the real property legally described on the attached
Schedule C.
"Senior TIF Note" means the Taxable Tax Increment Revenue Note to be issued by the
City pursuant to the Senior Development Agreement, which Note shall be substantially in the
form of the note attached to such Agreement.
"Shopping Center Parcel" means the real property depicted and legally described on
Schedule J currently improved by a shopping center commonly known as "Northome Shopping
Center".
"Snelling Avenue Parcel" means the real property depicted and legally described on
Schedule K currently used as a service drive and to be included in the Multifamily Development
Property.
..ti,F1-L1f1 C~ 1.~ 7ii'' ~- { T ?b FF~ (( l R a~ ''l~ )
,.s i. s .rt~.w.. = S' ~. ,. L - l ^'~~ .__ I~!4~.~ C:I.~I. ~)F 1 i.~} ! 1~3 i~'t 1 .~ . ri ..t'.? l ~. t, f~, ~ .)3'1~}. t.
(7'q,'.-~i.,~~ t._~ ~i ,. 1{>'„T ~ ~.. ;..4.{~C)i,i.!t: `_' ~ ji ~ !Lh~~,.~, U~,.t'~.___...._ ~.~.1}~~~S~a~i1°,. ~!...~.~~~ _;,_)-~~~ F...._.„..r.__~~„..~
"State" means the State of Minnesota.
"Supplemental Available Tax Increment" means one hundred percent (100%) of the
Townhome Available Tax Increment which amount shall be applied as follows: (i) to the amount
necessary to make a scheduled payment under the Multifamily TIF Note up to the amount of
property taxes actually paid by the Multifamily Developer with respect to the Multifamily
Development Property in such six (6) month period; (ii) to the amount necessary to make a
scheduled payment under the Senior TIF Note up to the amount of property taxes actually paid
by the Senior Developer with respect to the Senior Development Property in such six (6) month
period; and (iii) the balance which is to be retained by the Townhome Developer.
"Tax Increment" means that portion of the real property taxes paid with respect to the
Multifamily Development Property and the Minimum Improvements, or the Townhome
Development Property and the Townhome Minimum Improvements, as applicable that is
remitted to the City as tax increment pursuant to the Tax Increment Act.
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174-469.179, as amended and as it may be further amended from time to time.
"Tax Increment District" means the City'.s Tax Increment Financing District No. 1-3.
"Tax Increment Plan" means the tax increment fmancing plan adopted by the City in
connection with its creation of the Tax Increment District, which plan together with the
information and findings contained therein is hereby incorporated herein and made a part hereof
by reference.
"Title Company" means Commercial Partners Title LLC.
"Townhome Available .Tax Increment" means one hundred percent (100%) of the Tax
Increment received by the City with respect to the Townhome Development Property in the six
(6) month period preceding a Scheduled Payment Date under the Townhome Development
Agreement after deducting the City's accumulated actual administrative expenses, as defined in
the Act, which shall not exceed the lesser of (i) $5,000 in the six (6) month period, or (ii) an
amount equal to ten percent (10%) of the Tax Increment generated in the six (6) month period,
which amount is to be retained by the City for administrative purposes.
"Townhome Developer" means the Townhomes at Town Square LLC, a Minnesota
limited liability company, and its permitted successors and assigns.
"Townhome Development Property" means the real property legally described on the
attached Schedule D.
"Townhome Minimum Improvements" means 14 townhouses for sale to owner-
occupants to be built on the Townhome Development Property.
"Town Square Site" means the real property depicted on Schedule B attached hereto to be
known as "Falcon Heights Town Square" which includes the Multifamily Development
Property, the Senior Development Property and the Townhome Development Property.
"Unavoidable Delays" means delays in the performance of obligations relating to the
construction of the Minimum Improvements due to unforeseeable causes beyond the control of
the Multifamily Developer, including but not limited to causes which are the result of acts of
God, acts of the public enemy, acts of terrorism, unforeseen adverse weather conditions, strikes,
other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced
by third parties which, by injunction or other similar judicial action, results in delays, acts of any
federal, state or local governmental unit, and which directly results in delays, delays in delivery
of materials for the Minimum Improvements or soil conditions of the Multifamily Development
Property.
ARTICLE II
Representations
Section 2.1. Representations by the City. The City makes the following representations
as the basis for the undertaking on its part herein contained:
(a) The City is a statutory city under the laws of the State. Under the laws of the
State, the City has the power to enter into this Agreement and to perform its obligations
hereunder.
(b) The City has taken all action necessary to create the Project, the Project Plan, the
Tax Increment Plan, the Tax Increment District and to approve this Agreement and to authorize
the execution and delivery of this Agreement, the Note and any other documents or instruments
required to be executed and delivered by the City pursuant to this Agreement.
(c) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the City is now a party or by which it is
bound, or constitutes a default under any of the foregoing.
(d) There is not pending, nor to the best of the City's knowledge is there threatened,
any suit, action or proceeding against the City before any court, arbitrator, administrative agency
or other governmental authority that materially and adversely affects the validity of any of the
transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or
as contemplated hereby or thereby, or the validity or enforceability of this Agreement.
(e) The City has received no notice or communication from any local, state or federal
official that the activities of the Developers or the City in the Project Area may be or will be in
violation of any Environmental Laws. The City is aware of no facts the existence of which
would cause it to be in violation of any Environmental Laws.
(f) The City has no actual knowledge of any actions, claims, suits, or proceedings
pending or threatened against the City or the Town Square Site which relate to any violation or
alleged violation of any Environmental Laws.
(g) The City will reasonably cooperate with the Developers with respect to any
litigation commenced by third parties with respect to the Town Square Site.
Section 2.2. Representations by the Multifamily Developer. The Multifamily Developer
represents that:
(a) The Multifamily Developer is a limited partnership duly organized and authorized
to transact business in the State, is not in violation of any provisions of its Certificate of Limited
Partnership, its Partnership Agreement or the laws of the State, has power to enter into this
Agreement and has duly authorized the execution, delivery and performance of this Agreement
by proper action of its General Partner.
(b) The Multifamily Developer will construct the Minimum Improvements in
accordance with the terms of this Agreement and all local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public health laws and
regulations), except for variances necessary to construct the improvements contemplated in the
Construction Plans approved by the City.
(c) The Multifamily Developer has received no notice or communication from any
local, state or federal official that the activities of the Multifamily Developer or the .City in the
Project Area may be or will be in violation of any Environmental Laws. The Multifamily
Developer is aware of no facts the existence of which would cause it to be in violation of any
Environmental Laws. In the event that it is necessary to take any action to obtain any necessary
permits or approvals with respect to the Multifamily Development Property under any local, state
or federal environmental law or regulation, the Multifamily Developer will be responsible for
taking such action and the City agrees to reasonably cooperate with the Multifamily Developer
with respect to obtaining any such permits or approvals.
(d) The Multifamily Developer will obtain, in a timely manner, all required permits,
licenses and approvals, and will meet, in a timely manner, all requirements of all applicable
local, state and federal laws and regulations which must be obtained or met before the Minimum
Improvements may be lawfully constructed. The City agrees to reasonably cooperate with the
Multifamily Developer with respect to obtaining any such permits, licenses and approvals.
(e) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Multifamily Developer is now a party
or by which it is bound, or constitutes a default under any of the foregoing.
(f) The Multifamily Developer would not acquire the Multifamily Development
Property and construct the Minimum Improvements but for the execution of this Agreement and
the tax increment assistance made available under this Agreement.
(g) The Multifamily Developer will reasonably cooperate with the City with respect
to any litigation commenced by third parties with respect to the Development.
ARTICLE III
Redevelopment Site Assembly
Section 3.1. Acquisition of Restaurant and Snelling Avenue Parcels. The City and the
Multifamily Developer acknowledge and agree as follows:
9
(a) The Multifamily Developer has acquired the Restaurant Parcel.
(b) The City will exercise, to the extent of its legal authority to do so, its powers of
eminent domain to acquire the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
North of Larpenteur and convey the parcels to the Multifamily Developer in consideration of the
Multifamily Developer's payment of the Acquisition Costs. The Multifamily Developer shall
pay the Acquisition Costs upon receipt of Quit Claim Deeds.
Section 3.2. A~cc uisition of Shopping Center Parcel. The Multifamily Developer has
used its best efforts to acquire the Shopping Center Parcel directly from its third parry owner
pursuant to terms and conditions that are feasible for the redevelopment of the Town Square Site.
As of the date of this Agreement, the Multifamily Developer has been unsuccessful in its efforts
to acquire the Shopping Center Parcel pursuant to such terms and conditions. The City,
therefore, will exercise its powers of eminent domain, to the extent of its legal authority to do so,
to acquire the Shopping Center Parcel and convey such parcel to the Multifamily Developer
pursuant to this Agreement.
Section 3.3. Commencement of Proceeding. The City will proceed to acquire the
Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue Frontage Road -
North of Larpenteur as expeditiously as practical. The Multifamily Developer shall pay for all
Acquisition Costs with respect to the Shopping Center Parcel, the Snelling Avenue Parcel and
the Snelling Avenue Frontage Road -North of Larpenteur. The City acknowledges that time is
of the essence and agrees to pursue its acquisition responsibilities in an expeditious manner,
including use of the "quick take" condemnation process pursuant to Minnesota Statutes, Section
117.42. The City may take a reasonable time to exhaust settlement before initiating
condemnation.
Section 3.4. Costs of Acquisition. The Multifamily Developer ~~~::~_~_'>.:~:' ._...._.~.:.',::`°'~~
deposit~~c~~ Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) with the City to be
applied by the City at its discretion to cover Acquisition Costs. To the extent that the deposit is
not sufficient to cover all Acquisition Costs, the Multifamily Developer shall pay to the City
within fifteen (15) days of written demand by the City, or sooner if the payment is needed to
meet any deadline imposed by any statute, regulation, settlement or court order, any additional
amount necessary to meet such obligations. Developer will indemnify and hold harmless the
City from all Acquisition Costs.
Section 3.5. Conveyance of Parcels. Prior to the City taking title to and possession of the
Shopping Center Parcel or in any other way obligating itself to acquire the parcel, Multifamily
Developer shall pay to the City all Acquisition Costs incurred to date, compensation to be paid to
acquire the Shopping Center Parcel and deposit with the City an additional amount to cover
future Acquisition Costs which are reasonably identifiable at that time. As soon as possible after
the City takes title to and possession of the Shopping Center Parcel and the Snelling Avenue
Parcel, the City shall convey title to the Shopping Center Parcel and the Snelling Avenue Parcel
to the Multifamily Developer pursuant to Quit Claim Deeds.
10
Section 3.6. Platting of Town Square Site. The Multifamily Developer shall obtain
approval of a Plat of the Town Square Site, known as Falcon Heights Town Square, and a
Planned Unit Development ("PUD") of such property, all in accordance with City ordinances
and procedures. In connection with approval of the Plat, the Multifamily Developer will enter
into a PUD Agreement and Construction Development Contract. The parties agree and
understand that on or before the Closing Date of the First Mortgage Loan, the Multifamily
Developer will (a) close on acquisition of the Shopping Center Parcel, any portion of the
Snelling Avenue Parcel required for the Multifamily Development Property and the Restaurant
Parcel, (b) file the Plat, and (c) convey portions of the platted property to the Senior Developer
and the Townhome Developer, all as further described in this Article.
Section 3.7. Convevance of Senior Development Property. The Multifamily Developer
will convey the Senior Development Property to the Senior Developer for such consideration as
the Multifamily Developer and the Senior Developer mutually agree.
Section 3.8. Conveyance of Townhome Development Property. The Multifamily
Developer will convey the Townhome Development Property to the Townhome Developer for
such consideration as the Multifamily Developer and the Townhome Developer mutually agree.
ARTICLE IV
Taz Increment and Other Public Assistance
Section 4.1. Tax Increment Certification. The City has established the Tax Increment
District pursuant to the Tax Increment Act.
Section 4.2. Reimbursable Costs. The City acknowledges that the high cost of acquiring
the Multifamily Development Property and preparing it for development necessitates the City's
provision of certain financial assistance to aid the Multifamily Developer. Therefore, the City
agrees that it will reimburse the Multifamily Developer for the Multifamily Developer's payment
of Reimbursable Costs of developing the Minimum Improvements. The City's reimbursement of
the Multifamily Developer shall be accomplished through the City's issuance and payment of the
Note. The Multifamily Developer shall be solely responsible for initial payment of the
Reimbursable Costs and all construction work related thereto. The City's sole obligation in such
regard shall be to issue the Note at the time stated in this Agreement and to pay the Note in
accordance with its terms.
Section 4.3. Issuance of Note. The City's shall issue the Note on the Closing Date. The
Note shall be substantially in the form of the Multifamily TIF Note attached to this Agreement,
with any blanks properly filled in. The Note (i) shall be dated as of the date of its issuance, (ii)
shall bear interest at the rate of interest payable on the Developer's First Mortgage Loan plus the
applicable mortgage insurance premium to such loan, and (iii) shall show a principal amount
sufficient to cover the property taxes actually paid by the Multifamily Developer with respect to
the Multifamily Development Property as provided in the Note taking into account the interest
rate determined under clause (ii) of this sentence. Interest shall begin to accrue at the later of (a)
submission by the Multifamily Developer to the City of invoices and certifications in such form
11
as the City may reasonably require, demonstrating that the Multifamily Developer has paid the
Reimbursable Costs, and (b) January 1, 2005. The term of the Note shall coincide with the term
of the Tax Increment District.
Section 4.4. Conditions Precedent. The City's obligation to issue the Note shall be
subject to satisfaction, or waiver in writing by the City, of all of the following conditions
precedent:
(a) the Multifamily Developer shall not be in default under the terms of this
Agreement;
(b) the Multifamily Developer shall have secured all governmental permits and
approvals, including building permits, necessary to construct and operate the Minimum
Improvements;
(c) the Multifamily Developer shall have obtained and submitted to the City
acceptable evidence of ability to finance the Minimum Improvements as required under Section
7.1 of the Agreement; and
(d) The Multifamily Developer shall have submitted to the City and the City shall
have approved Construction Plans for the Minimum Improvements pursuant to Section 5.3 of
this Agreement.
Section 4.5. Developer Acknowledgement. The Multifamily Developer acknowledges
that the City has made no warranties or representations to the Multifamily Developer as to the
amounts of Tax Increment that will be generated or that the Tax Increment pledged to the
payment of the Note will be sufficient to pay the Note in whole or in part. Nor is the City
warranting that it will have throughout the term of this Agreement and the Note the continuing
legal ability under State law to apply Tax Increment to the payment of the Note, which continued
legal ability is a condition precedent to the City's obligations under the Note.
Section 4.6. Assignment. The Multifamily Developer intends to assign the Note to the
First Mortgage Lender and HLTD. The City agrees to cooperate with the Multifamily Developer
in connection with such assignment, including the execution of such assignment documents as
are required by the First Mortgage Lender or HUD.
Section 4.7. Real Properiy Taxes; Special Assessments. The Multifamily Developer
shall pay all ad valorem taxes and special assessments levied on the Multifamily Development
Property which are payable subsequent to the date Developer acquires title to the Multifamily
Development Property and prior to the Maturity Date.
Section 4.8. Other Public Assistance. The City agrees to cooperate and assist the
Multifamily Developer in obtaining any fmancing for the Development in addition to the
financing provided by the City pursuant to this Agreement.
12
ARTICLE V
Construction of Minimum Improvements
Section 5.1. Construction of Minimum Improvements The Multifamily Developer
agrees that it will construct the Minimum Improvements on the Multifamily Development
Property in substantial conformity with the approved Construction Plans and will maintain,
preserve and keep the Minimum Improvements or cause the Minimum Improvements to be
maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good
repair and condition.
Section 5.2. Preliminary Plans. The City and the Multifamily Developer acknowledge
that before the date of this Agreement the Multifamily Developer submitted to the City
Preliminary Plans for the Minimum Improvements. The Preliminary Plans have been reviewed
and approved by the City.
Section 5.3. Construction Plans. The Multifamily Developer shall deliver the
Construction Plans for the Minimum Improvements to the City. The City shall review the
Construction Plans and will deliver to the Multifamily Developer within fifteen (15) days after
receipt of the Construction Plans, a written statement approving the Construction Plans or a
written statement rejecting the Construction Plans and specifying the deficiencies in the
Construction Plans. If the City rejects the Construction Plans, in whole or in part, the
. Multifamily Developer will submit new or corrected Construction Plans within fifteen (15) days
after written notification to the Multifamily Developer of the rejection. The provisions of this
Section relating to approval, rejection and resubmission of corrected Construction Plans will
continue to apply until the Construction Plans have been approved by the City. The City's
approval of the Construction Plans shall not be unreasonably withheld, conditioned or delayed.
Section 5.4. Changes to Plans. If the Multifamily Developer desires to make any
changes in any Construction Plans after their approval by the City, .the Multifamily Developer
shall submit the proposed change to the City for its approval provided that no approval shall be
required if the aggregate amount of such changes do not alter the construction cost for the
Development by an increase or decrease of more than ten percent (10%) and if such change is
not otherwise required to be submitted to the City pursuant to City law and ordinances or
pursuant to any agreement entered into in connection with the City's planned unit development
approval. The City's approval of changes pursuant to this Agreement will not be unreasonably
withheld, conditioned or delayed. If the Construction Plans, as modified by the proposed change,
are acceptable to the City, the City shall approve the proposed change and notify the Multifamily
Developer in writing of its approval. Any requested change in the Construction Plans shall, in
any event, be deemed approved by the City unless rejected, in whole or in part, by written notice
by the City to the Multifamily Developer, setting forth in detail the reasons therefor. Such
rejection shall be made within ten (10) days after receipt of the notice of such change.
Section 5.5. Commencement and Completion of Construction Subject to Unavoidable
Delays, the Multifamily Developer shall commence construction of the Minimum Improvements
within thirty (30) days after the Closing Date and complete such construction within twenty four
(24) months after commencement. All work with respect to the Minimum Improvements to be
13
constructed or provided by the Multifamily Developer on the Multifamily Development Property
shall be in substantial conformity with the Construction Plans as submitted by the Multifamily
Developer and approved by the City, subject to changes permitted under Section 5.4.
Section 5.6. Certificate of Completion. The Multifamily Developer shall notify the City
when construction of the Minimum Improvements has been substantially completed. The City
shall promptly .inspect the Minimum Improvements in order to determine whether such
Minimum Improvements have been constructed in substantial conformity with the approved
Construction Plans. If the City determines that the Minimum Improvements have not been
constructed in substantial conformity with the approved Construction Plans, the City shall
deliver a written statement to the Multifamily Developer indicating in adequate detail the
specific respects in which the Minimum Improvements have not been constructed in substantial
conformity with the approved Construction Plans and Developer shall promptly remedy such
deficiencies. Promptly upon determining that the Minimum Improvements have been
constructed in substantial conformity with the approved Construction Plans, the City will fizrnish
to the Multifamily Developer a Certificate of Completion certifying the completion of the
Minimum Improvements. The Certificate of Completion issued for the Minimum Improvements
shall conclusively satisfy and terminate the agreements and covenants of the Multifamily
Developer in this Agreement to construct the Minimum Improvements. The Multifamily
Developer shall cause the Certificate of Completion to be recorded in the proper office for
recordation of deeds and other instruments pertaining to the Multifamily Development Property.
Section 5.7. Zoning and Permitting. Nothing in this Agreement shall be deemed to
excuse the Multifamily Developer from complying with the City's normal zoning and ,
construction permitting process as it relates to the development of the Minimum Improvements.
ARTICLE VI
Insurance and Condemnation
Section 6.1. Insurance.
(a) The Multifamily Developer will provide and maintain or cause to be provided and
maintained at all times during the process of constructing the Minimum Improvements and, from
time to time at the request of the City, furnish the City with proof of payment of premiums on:
(i) Builder's risk insurance, written on the so-called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so called "all risk" form of policy;
(ii) General liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations, Broadening Endorsement including
contractual liability insurance) with limits against bodily injury and property damage of
not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an
umbrella excess liability policy may be used); and
14
(iii) Worker's compensation insurance, with statutory coverage and employer's
liability protection.
(b) After completion of construction of the Minimum Improvements, the Multifamily
Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to
time at the request of the City shall furnish proof of the payment of premiums on, insurance as
follows:
(i) Insurance against loss and/or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured against by similar
businesses, including (without limiting the generality of the foregoing) fire, extended
coverage, all risk vandalism and malicious mischief, boiler explosion, water damage,
demolition cost, debris removal, and collapse in an amount not less than the full insurable
replacement value of the Minimum Improvements, but any such policy may have a
.deductible amount of not more than $25,000. No policy of insurance shall be so written
that the proceeds thereof will produce less than the minimum coverage required by the
preceding sentence, by reason of co-insurance provisions or otherwise, without the prior
consent thereto in writing by the City. The term "full insurable replacement value" shall
mean the actual replacement cost of the Minimum Improvements (excluding foundation
and excavation costs and costs of underground flues, pipes, drains and other uninsurable
items) and equipment, and shall be determined from time to time at the request of the
City, but not more frequently than once every three years, by an insurance consultant or
insurer, selected and paid for by the Multifamily Developer and approved by the City.
(ii) Comprehensive general public liability insurance, including personal
injury liability (with employee exclusion deleted), and automobile insurance, including
owned, non-owned and hired automobiles, against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of
$2,000,000.00.
(iii) Such other insurance, including worker's compensation insurance
respecting all employees of the Multifamily Developer, in such amount as is customarily
carried by like organizations engaged in like activities of comparable size and liability
exposure; provided that the Multifamily Developer may be self-insured with respect to all
or any part of its liability for worker's compensation.
(c) The policies of insurance required pursuant to Subsections (a) and (b) above shall
be in form and content satisfactory to the City and shall be placed with financially sound and
reputable insurers licensed to transact business in the State, the liability insurer to be rated A or
better in Best's Insurance Guide and shall contain an agreement of the insurer to give not less
than thirty (30) days' advance written notice to the City in the event of cancellation of such
policy or change affecting the coverage thereunder and shall name the City as an additional
named insured or loss payee, as appropriate.
(d) The Multifamily Developer agrees to notify the City promptly in the case of
damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any
15
portion thereof resulting from fire or other casualty. In the event of any such damage, the
Multifamily Developer will forthwith repair, reconstruct and restore the Minimum Improvements
to substantially the same or an improved condition or value as existed prior to the event causing
such damage and, to the extent necessary to accomplish such repair, reconstruction and
restoration, the Multifamily Developer will apply the proceeds of any insurance relating to such
damage received by the Multifamily Developer to the payment or reimbursement of the costs
thereof. Any insurance proceeds remaining after completion of such repairs, construction and
restoration shall be remitted to the Multifamily Developer.
(e) The City agrees that any interest on its part by virtue of this Agreement in the
application or receipt of any proceeds of insurance under the policies required by subsections
(a)(i) or (b)(i) above shall be subordinate to the interest of the Multifamily Developer's lenders
of financing for the construction of the Minimum Improvements.
Section 6.2. Condemnation. In the event that title to and possession of the Minimum
Improvements or any material part thereof shall be taken in condemnation or by the exercise of
the power of eminent domain by any governmental body or other person, the Multifamily
Developer shall, with reasonable promptness after such taking, notify the City as to the nature
and extent of such taking. Upon receipt of any condemnation award, the Multifamily Developer
shall elect to either: (a) use the entire condemnation award to reconstruct the Minimum
Improvements (or, in the event only a part of Minimum Improvements have been taken, then to
reconstruct such part) within the Tax Increment District; or (b) retain the condemnation award
whereupon in the event that a substantial portion of the Multifamily Development Property and
Minimum Improvements have been taken, the City's obligations under the Note shall be
terminated.
ARTICLE VII
Mortgage Financing
Section 7.1. Mortgage Financing Prior to the issuance of the Note to the Multifamily
Developer, the Multifamily Developer shall provide to the City evidence that the Multifamily
Developer has secured or will secure financing sufficient for construction of the Minimum
Improvements. If the City finds that the evidence is acceptable, then the City shall notify the
Multifamily Developer in writing of its approval. Such approval shall not be unreasonably
withheld and either approval or rejection shall be given within fourteen (14) days from the date
when the City is provided the evidence. If the City rejects the evidence as inadequate, it shall do
so in writing specifying the basis for the rejection. In any event, the Multifamily Developer may
resubmit adequate evidence that it has secured or will secure financing after such rejection.
Section 7.2. Mortgagee's Option to Cure Events of Default. Upon the occurrence of an
Event of Default under this Agreement, the City agrees to use its best efforts to provide the
mortgagee under any Mortgage with written notice of such Event of Default and such mortgagee
shall have the right, at its option, to cure or remedy such Event of Default; provided, that a
failure to give such notice shall not impair the City to exercise any remedy available to it as a
result of such Event of Default.
16
Section 7.3. Subordination of Agreement. In order to facilitate the obtaining of
fmancing for the construction of the Minimum Improvements, the City agrees that it will
consider and agree to reasonable requests to subordinate its rights with respect to the Multifamily
Development Property and the Minimum Improvements to the rights of the Multifamily
Developer's lenders under their loan documents.
ARTICLE VIII
Prohibitions Against Assignment and Transfer, Indemnification
Section 8.1. Prohibition Against Transfer of Development Property and Assi~mnent of
Agreement. The Multifamily Developer represents and agrees that the Multifamily Developer
has not made or created, and will not make or create, or suffer to be made or created, any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Multifamily Development Property
(except for leases of residential units or leases of retail space, assignments or encumbrances in
favor of a lender providing construction or permanent financing for the Minimum Improvements,
or easements or other encumbrances necessary for the Development) or any part thereof or any
interest herein or therein, or any contract or agreement to do any of the same, without the prior
written approval of the City, which approval shall not be unreasonably withheld or delayed. No
assignment or transfer shall relieve the Multifamily Developer of any liability under this
Agreement unless the City agrees in writing to such release. The restrictions on transfer and
encumbrance of the Multifamily Development Property set forth in this Section shall terminate
with respect to the Minimum Improvements on the expiration of the term of this Agreement.
Section 8.2. Release and Indemnification Covenants.
(a) The Multifamily Developer releases from and covenants and agrees that the City
and the governing body members, officers, agents, servants and employees thereof (referred to
for purposes of this Section collectively as the "Indemnified Parties") shall not be liable for and
agrees to indemnify and hold harmless the Indemnified Parties 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 Minimum Improvements, except to the extent caused by the negligence, gross
negligence, willful misrepresentation or any willful or wanton misconduct of the Indemnified
Parties.
(b) Except when caused by any negligence, gross negligence, willful
misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the
Multifamily Developer agrees to protect and defend the Indemnified Parties, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from
this Agreement, or the transactions contemplated hereby or the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements.
(c) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
17
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City in the individual capacity thereof.
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The term "Event of Default" shall mean,
whenever it is used in this Agreement (unless the context otherwise provides), any failure by
Developer or the City to substantially observe or perform any material covenant, condition,
obligation or agreement on its part to be observed or performed hereunder.
Section 9.2. Citv's Remedies on Default. Whenever any Event of Default by Developer
occurs, the City may take any one or more of the following actions after providing thirty (30)
days written notice to the Multifamily Developer of the Event of Default, but only if the Event of
Default has not been cured within said thirty (30) days, provided, however, that if such Event of
Default is by its nature incapable of cure within thirty (30) days if the Multifamily Developer
provides to the City evidence, reasonably acceptable to the City, that the Event of Default will be
cured and will be cured as soon as reasonably possible, then the Multifamily Developer shall
have such additional time as is reasonably necessary to cure such Event of Default but only so
long as the Multifamily Developer is diligently pursuing such cure:
(a) Suspend its performance of the City's obligations under this Agreement and the
Note until the Event of Default is cured. If the City suspends its performance of its obligation to
make payments due under the Note, the City shall make the suspended payments to the
Multifamily Developer within five (5) business days following the Multifamily Developer's cure
of the Event of Default. The City is not obligated to invest any amounts the City retains as a
result of the City's suspension of its performance of its obligation to make payments under the
Note, and is not obligated to pay Developer interest on the amount of the suspended payments
between the date the payment is suspended and the date the City makes the suspended payment
to the Multifamily Developer.
(b) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to the City to collect any payments due under this Agreement,
or to enforce performance and observance of any obligation, agreement, or covenant of the
Multifamily Developer under this Agreement.
(c) If Developer defaults on its obligation to pay Acquisition Costs under Article III,
the City may abandon the condemnation proceeding. Any costs incurred by the City, including
any amounts the City is obligated to pay to owners named in the condemnation petition or other
individuals or entities for attorneys fees, appraisal fees, relocation payments and other costs shall
be considered Acquisition Costs.
Section 9.3. Developer's Remedies on Default. Whenever any Event of Default by City
occurs, the Multifamily Developer may take whatever action, including legal, equitable or
administrative action (including an action for specific performance), which may appear
18
necessary or desirable to the Multifamily Developer to collect any payments due under this
Agreement, or to enforce performance and observance of any obligation, agreement, or covenant
of the City under this Agreement after providing thirty (30) days written notice to the City of the
Event of Default, but only if the Event of Default has not been cured within said thirty (30) days,
provided, however, that if such Event of Default is by its nature incapable of cure within thirty
(30) days if the City provides to the Multifamily Developer evidence, reasonably acceptable to
the Multifamily Developer, that the Event of Default will be cured and will be cured as soon as
reasonably possible, then the Multifamily Developer shall have such additional time as is
reasonably necessary to cure such Event of Default but only so long as the City is diligently
pursuing such cure.
Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
City or Developer 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 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. In order to entitle the City
or the Multifamily Developer to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required in this Article IX.
Section 9.5. No Additional Waiver Im lip ed by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived 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.
Section 9.6. Costs of Enforcement. Whenever any Event of Default by the Multifamily
Developer occurs and the City shall employ attorneys or incur other expenses for the collection
of payments due or to become due or for the enforcement of performance or observance of any
obligation or agreement on the part of the Multifamily Developer under this Agreement, the
Multifamily Developer agrees that it shall be liable for the reasonable fees of such attorneys and
such other reasonable expenses so incurred by the City.
ARTICLE X
Additional Provisions
Section 10.1. Representatives Not Individually Liable. No member, official, or
employee of the City shall be personally liable to the Multifamily Developer, or any successor in
interest, in the event of any default or breach or for any amount which may become due to
Developer or its successor or on any obligations under the terms of the Agreement.
Section 10.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
19
Section 10.3. Notices and Demands Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by .registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Multifamily Developer, is addressed to or delivered personally
to the Multifamily Developer at 233 Park Avenue South, Suite 201, Minneapolis, Minnesota
55415; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, 2077 West Larpenteur Avenue, Falcon Heights, Minnesota 55113.
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.4. Disclaimer of Relationships Nothing contained in this Agreement nor any
act by the City or the Multifamily Developer shall be deemed or construed by any person to
create any relationship of third-party beneficiary, principal and agent, limited or general partner,
or joint venture among the City, the Multifamily Developer, and/or any third party.
Section 10.5. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Multifamily Developer and the City.
Section 10.6. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.7. Judicial Interpretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof.
Section 10.8. Business Subsidy Agreement. The City has held a public hearing on the
provision of a business subsidy to the Multifamily Developer as required by Minnesota Statutes,
Sections 116J.993 to 116J.995. After the public hearing the City found that there are no wage or
job goals required of the Multifamily Developer because the primary purpose of the City in
assisting the Multifamily Developer's development is to eliminate blighted and deteriorating
improvements on the subject property and to provide affordable housing for low and moderate
income persons and their families, and not for the purposes of job creation or retention.
Notwithstanding the foregoing, at the time of conveyance of the Shopping Center Parcel to the
Multifamily Developer, the Multifamily Developer shall enter into the Business Subsidy
Agreement to satisfy the other requirements of the law.
Section 10.9. Term. The term of this Agreement shall be effective from the day and year
first above written until the Maturity Date. `,
20
Section 10.10. Park Dedication Fee. The Multifamily Developer agrees to pay to the
City $150,000.00 as the Park Dedication Fee applicable to the following three developments
known as the Town Square Project: (1) the Multifamily Development to be constructed on real
property legally described as Lot 1, Block 1, Falcon Heights Town Square Second Addition; (2)
the Senior Development to be constructed on real property legally described as Lot 1, Block 1,
Falcon Heights Town Square; and (3) the Townhome Development to be constructed on real
property legally described as Lot 2, Block 1, Falcon Heights Town Square. The Park Dedication
Fee will be paid in two installments: $75,000.00 will be paid on the closing date of the first
mortgage loan for the portion of the Town Square Project commonly referred to as the
Multifamily Development; and $75,000.00 will be paid on December 31, 2005.
ARTICLE XI
HUD Requirements
Section 11.1. Subordination. Notwithstanding anything in this document to the contrary,
except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the provisions hereof are expressly
subordinate to the promissory note dated as of , 200_, given by Developer to
Glaser Financial Group, Inc. (the "HUD Note"), the mortgage securing the HUD Note (the
"HUD Mortgage"), the regulatory agreement executed in connection with the HUD Note (the
"HUD Regulatory Agreement") (collectively, the "HUD Loan Documents"), and subordinate to
all applicable HUD mortgage insurance (and Section 8, if applicable) regulations and related
administrative requirements. In the event of any conflict between the provisions of this
document and the provisions of applicable HUD regulations, related HUD administrative
requirements, or HUD Loan Documents, the HUD regulations, related administrative
requirements or HUD Loan Documents shall control.
Section 11.2. Foreclosure. In the event of foreclosure of the HUD Mortgage or transfer
of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall
automatically terminate (except that the requirements set out in 26 U.S.C. 42(h)(6)(E)(ii) that for
three (3) years low income tenants may not be evicted and their rents may not be raised may
remain on the Proj ect, as defined in the HUD Note.
Section 11.3. Default. Failure to comply with the land-use covenants contained herein
will not serve as basis for default on the HUD Mortgage.
Section 11.4. Covenants. The covenants contained herein are not included in any of the
HUD Loan Documents.
Section 11.5. Enforcement. Enforcement of the covenants herein will not result in any
claim against the Project, the proceeds from the HUD Mortgage, any reserve or deposit required
by HUD in connection with the mortgage transaction, or the rents or other income and the
Property other than from available Surplus Cash, as defined in the HUD Regulatory Agreement.
21
Section 11.6. Amendment. So long as the Development is subject to a mortgage insured
or held by HUD, any subsequent amendment to this document is subject to prior written HUD
approval of such amendment.
Section 11.7. No Action. No action shall be taken in accordance with the rights granted
herein, or prohibiting the Multifamily Developer from taking any action, except in strict
accordance with the National Housing Act, applicable mortgage insurance regulations, HUD
Loan Documents, or if applicable, Section 8 of the U.S. Housing Act of 1937 and the regulations
thereunder.
Section 11.8. Covenant. The Multifamily Developer warrants that the covenants
contained herein do not conflict with any applicable HUD mortgage insurance regulation of
Section 8 of the U.S. Housing Act of 1937 and the regulations thereunder.
[The remainder of this page has been left blank intentionally.
Signature pages follow.]
C,
22
SIGNATURE PAGE TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
by Susan L. Gehrz and by Heather M. Worthington, respectively the
Mayor and City Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
•
23
SIGNATURE PAGE TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
STATE OF MINNESOTA
COUNTY OF HENNEPIN
By: Sherman Associates, Inc.
Its: General Partner
By
George E. Sherman
Its President
SS.
The foregoing instrument was acknowledged before me this day of
by George E. Sherman, the President of Sherman Associates, Inc., a
Minnesota corporation, the General Partner of Falcon Heights Town Square Limited Partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
•
•
•
24
SCHEDULE A
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Multifamily Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Outlot A, FALCON HEIGHTS TOWN SQUARE
•
•
SCHEDULE B
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Site Plan for Falcon Heights Town Square
(See Attached)
•
•
SCHEDULE C
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Senior Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 1, Block 1, FALCON HEIGHTS TOWN SQUARE
•
SCHEDULED
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
Legal Description of Townhome Development Property
Real property situated in Ramsey County, Minnesota, legally described as follows:
Lot 2, Block 1, FALCON HEIGHTS TOWN SQUARE
•
•
SCHEDULE E
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
BUSINESS SUBSIDY AGREEMENT
THIS AGREEMENT, made on or as of the day of , by and
between the City of Falcon Heights, a Minnesota municipal corporation (hereinafter referred to
as the "City"), and Falcon Heights Town Square Limited Partnership, a Minnesota limited
partnership (hereinafter referred to as the "Multifamily Developer").
WHEREAS, the Multifamily Developer and the City have entered into an Amended and
Restated Development Agreement dated effective as of January 7, 2004 (the "Contract")
pursuant to which the Multifamily Developer has agreed to construct a mixed use
residentiaUcommercial development within the City; and
WHEREAS, in order to induce the Multifamily Developer to undertake such
development, the City has agreed in the Contract to provide certain assistance to the Multifamily
Developer by reimbursing the Multifamily Developer for certain costs of preparing such property
for construction of the development; and
WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, rovides that a
P
government agency that provides financial assistance for certain purposes must enter into a
business subsidy agreement setting forth goals to be met and the financial obligations of the
recipient of the assistance if the goals are not met; and
WHEREAS, the City Council of the City has held a public hearing concerning the
assistance to be provided to the Multifamily Developer and has determined that the goals sought
to be accomplished by assisting the Multifamily Developer do not include wage and job goals;
and
WHEREAS, the City and the Multifamily Developer agreed in the Contract that they
would enter into this Business Subsidy Agreement to satisfy the requirement of sections
116J.993 to 116J.995.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
. Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means Minnesota Statutes, Sections 116J.993-.995.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Benefit Date" means the earlier of: (i) the date that the Commercial Component of the
Improvements is completed; or (ii) the date that the Commercial Component of the
Improvements is first occupied.
"City" means the City of Falcon Heights, Minnesota.
"Commercial Component" means that portion of the Improvements consisting of
approximately 12,000 square feet of retail space.
"Contract" means the Amended and Restated Development Agreement between the City
and the Multifamily Developer dated effective as of January 7, 2004.
"Multifamily Developer" means Falcon Heights Town Square Limited Partnership, a
Minnesota limited partnership, its successors and assigns, or any future owners of the
Multifamily Development Property.
"Multifamily Development Property" means the real property described as such in the
Contract. •
"Improvements" means the construction by the Multifamily Developer of a
cornmerciaUresidential development pursuant to the Contract.
"State" means the State of Minnesota.
"Subsidy" means the tax increment financing assistance provided to the Multifamily
Developer under the Contract and which is attributable to the Commercial Component; provided,
that the amount of the Subsidy at any particular time shall not exceed the amount that has been
actually paid to the Multifamily Developer.
ARTICLE II
Job and Wage Goals; Required Provisions
Section 2.1. Embloyment and Wage Requirements. The City has determined that no
wage and job goals will be imposed on the Multifamily Developer.
Section 2.2. Re .torts. The Multifamily Developer agrees that it will provide to the City
and any other authorized agency all reports required by the Act. Such reports shall be submitted
at the times required by the Act.
•
• Section 2.3. Continuing Obli ation. The Multifamily Developer agrees that it will
continuously operate the Commercial Component of the Improvements for a period of at least
five (5) years from the Benefit Date.
Section 2.4. Required Provisions. The following provisions are required by the Act:
(a) The Subsidy is being provided for the public purposes of developing redeveloping
property containing substandard buildings and improvements. The Subsidy is necessary to offset
the high costs associated with acquiring the Multifamily Development Property and preparing it
for development. Absent the Subsidy, redevelopment of the Multifamily Development Property
would not be economically feasible.
(b) The Subsidy is being financed with tax increment generated from the City's Tax
Increment Financing District No. 1-3, a redevelopment tax increment district.
ARTICLE III
Default
Section 3.1. Defaults Defined. It shall be a default under this Agreement if the
Multifamily Developer fails to comply with any term or provision of this Agreement, and fails to
cure such failure within thirty (30) days after written notice to the Multifamily Developer of the
default, but only if the default has not been cured within said thirty (30) days.
Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable
loan, repayable only if the Multifamily Developer fails to fulfill its obligations under section 2.3
of this Agreement. Upon the occurrence of a failure to continue operations as required by
Section 2.3 the Multifamily Developer shall repay to the City upon written demand from the City
a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as
defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term
"pro rata share" means sixty (60) less the number of months of operation (where any month in
which the Improvements are in operation for at least fifteen (15) days constitutes a month of
operation), commencing on the Benefit Date and ending with the date the Multifamily Developer
ceases operation as reasonably determined by the City, divided by 60.
Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement
and the City shall employ attorneys or incur other expenses for the collection of payments due or
for the enforcement of performance or observance of any obligation or agreement on the part of
the Multifamily Developer under this Agreement, the Multifamily Developer shall be liable to
the City for the reasonable fees of such attorneys and such other expenses so incurred by the
City.
•
ARTICLE IV .
Miscellaneous
Section 4.1. Provisions of Agreement Not Affected. Except as expressly provided
herein, this Agreement is not intended to modify or limit in any way the terms of the Contract.
Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 4.3. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Multifamily Developer and the City.
Section 4.4. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 4.5. Judicial Interpretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof. The City and Multifamily Developer
agree that this Agreement is intended to satisfy the requirements of the Act, which is
incorporated herein and made a part hereof by reference. In the event that any provision of this
Agreement conflicts with the terms of the Act, the terms of the Act shall govern.
•
• IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in
its name and behalf and the Multifamily Developer has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
•
The foregoing instrument was acknowledged before me this day of
by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
Notary Public
COUNTY OF HENNEPIN )
STATE OF MINNESOTA
FALCON HEIGHTS TOWN SQUARE
LIMITED PARTNERSHIP
By: Sherman Associates, Inc.
Its: General Partner
By
George E. Sherman
Its President
SS.
The foregoing instrument was acknowledged before me this day of
by George E. Sherman, the President of Sherman Associates, Inc., a
Minnesota corporation, the General Partner of Falcon Heights Town Square Limited Partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
SCHEDULE F •
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
CERTIFICATE OF COMPLETION
WHEREAS, the City of Falcon Heights, a Minnesota municipal corporation (hereinafter
referred to as the "City"), and Falcon Heights Town Square Limited Partnership, a Minnesota
limited partnership (hereinafter referred to as the "Multifamily Developer") by an Amended and
Restated Development Agreement dated January 7, 2004 (the "Agreement"), has assisted
Multifamily Developer in the financing of the Minimum Improvements (as defined in the
Agreement) constructed upon the following described land in the County of Ramsey, State of
Minnesota (the "Multifamily Development Property"):
Lot 1, Block 1, Falcon Heights Town Square Second Addition;
and
WHEREAS, the Agreement contained certain covenants and conditions and the
Multifamily Developer has fully and duly performed all of said covenants and conditions insofar
as the Multifamily Developer is able; and
WHEREAS, the issuance of this Certificate of Completion by the City is not intended
nor shall it be construed to be a warranty or representation by the City as to the structural
soundness of the improvements, quality of materials, workmanship or the fitness of the
improvements for their proposed use; and
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Multifamily Developer under the
Agreement have been completed and all of the covenants and conditions in the Agreement
relating thereto have been duly and fully performed by the Multifamily Developer therein and
that the provisions of the Agreement in favor of the City therein are hereby released absolutely
and forever insofar as it applies to the construction of the Minimum Improvements on the
Multifamily Development Property, and the County Recorder and the Registrar of Titles, as
applicable, in and for the County of Ramsey, State of Minnesota is hereby authorized to accept
for recording and to record this instrument, to be a conclusive determination of the satisfactory
termination of the covenants and conditions regarding the construction of the Minimum
Improvements on the Multifamily Development Property as provided in the Agreement.
IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed in
its name and behalf on or as of the day of , 200_.
Cl
CITY OF FALCON HEIGHTS
By
Susan L. Gehrz, Mayor
By
Heather M. Worthington
City Administrator/Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF RAMSEY )
•
The foregoing instrument was acknowledged before me this day of
200_, by Susan L. Gehrz and by Heather M. Worthington, respectively the Mayor and City
Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
Notary Public
•
SCHEDULE G
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFANIILY TIF NOTE)
The City of Falcon Heights, Minnesota (the "City"), hereby acknowledges itself to be
indebted and, for value received, promises to pay to the order of Falcon Heights Town Square
Limited Partnership, a Minnesota limited partnership, or its permitted assigns (the "Owner"),
solely from the source, to the extent and in the manner hereinafter provided, the principal amount
of this Note, being Dollars ($ .00)
(the "Principal Amount"), together with interest thereon at the rate of percent
(_%) per annum (the "Rate"). Interest shall begin to accrue on the unpaid principal amount of
this Note on January 1, 2005. The amounts due under this Note are payable on June 30 and
December 31 of each year commencing on June 30, 2006, and continuing to and including
December 31, 2031 (the "Scheduled Payment Dates"). This Note is the note referred to as the i
Multifamily TIF Note in that certain Amended and Restated Development Agreement dated as of
between the City and the Owner (the "Agreement").
Each payment on this Note is payable in any coin or currency of the United States of
America which on the date of such payment is legal tender for public and private debts and shall
be made by check or draft made payable to the Owner and mailed to the Owner at its postal
address within the United States which shall be designated from time to time by the Owner.
The Note is a special and limited obligation and not a general obligation of the City,
which has been issued by the City pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to
aid in financing a "project", as therein defined, of the City consisting generally of defraying
certain capital and administrative costs incurred and to be incurred by the City within and for the
benefit of its Municipal Development District No. 1 (the "Project").
THIS NOTE IS SPECIAL AND LIMITED AND NOT A GENERAL
OBLIGATION OF THE CITY PAYABLE SOLELY OUT OF AVAILABLE TAX
INCREMENT, AS DEFINED BELOW, AND NEITHER THE STATE NOR ANY
POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR
SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN AVAILABLE TAX INCREMENT.
•
The Scheduled Payment of this Note due on any Scheduled Payment Date is payable
solely from and only to the extent that the City shall have received in the six (6) month period
preceding such Scheduled Payment Date "Multifamily Available Tax Increment" and/or
"Multifamily Supplemental Available Tax Increment". For purposes of this Note, Multifamily
Available Tax Increment and Multifamily Supplemental Available Tax Increment with respect to
any Scheduled Payment Date shall have the meaning set forth in the Agreement and shall be
referred to collectively in this Note as "Available Tax Increment". Available Tax Increment
constitutes all or a portion of the tax increment generated in the calendar year of the Scheduled
Payment Date with respect to that certain real property described on the attached Exhibit A
(hereinafter referred to as the "Property").
The City shall pay on each Scheduled Payment Date to the Owner, the Available Tax
Increment received by the City in the six (6) month period preceding such Scheduled Payment
Date. To the extent that on the Maturity Date (as defined in the Agreement) after making any
Scheduled Payment to be made on such date, the City has not paid the entire Principal Amount
and interest due under this Note, this Note shall nonetheless terminate and the City shall have no
further obligations hereunder. All payments made by the City under this Note shall be first
applied to accrued interest and then to the Principal Amount.
The City's obligations herein are subject to the terms and conditions of the Agreement.
The City's payment obligations hereunder may be suspended pursuant to Section 9.2 of the
Agreement. If the City suspends its performance of its obligation to make payments due under
• this Note, the City shall make the suspended payments to the Owner within five (5) business
days following the cure of the Event of Default (as defined in the Agreement). The City is not
obligated to invest any amounts the City retains as a result of the City's suspension of its
performance of its obligation to make payments under this Note, and is not obligated to pay
Owner interest on the amount of the suspended payments between the date the payment is
suspended and the date the City makes the suspended payment to the Multifamily Developer.
This Note shall not be payable from or constitute a charge upon any funds of the City,
and the City shall not be subject to any liability hereon or be deemed to have obligated itself to
pay hereon from any funds except Available Tax Increment, and then only to the extent and in
the manner herein specified. The Owner shall never have or be deemed to have the right to
compel any exercise of any taxing power of the City or of any other public body, and neither the
City nor any director, commissioner, council member, board member, officer, employee or agent
of the City, nor any person executing or registering this Note shall be liable personally hereon by
reason of the issuance or registration hereof or otherwise.
This Note shall not be transferable or assignable, in whole or in part, by the Owner
without the prior written consent of the City. The City hereby consents to the assignment of this
Note to the First Mortgage Lender and HUD (as such terms are defined in the Agreement). This
,-
Note is issued pursuant to ~ - ~'
a.
~. _. ___,. -. , r ....,t
-~,w
•
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened,
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the City of Falcon Heights, by its City Council, has caused
this Note to be executed by the manual signatures of the Mayor and the City Administrator/Clerk
of the City and has caused this Note to be dated ,
CITY OF FALCON HEIGHTS
By
By_
Susan L. Gehrz, Mayor
Heather M. Worthington
City Administrator/Clerk
•
EXHIBIT A TO
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF FALCON HEIGHTS
TAXABLE TAX INCREMENT REVENUE NOTE
(FALCON HEIGHTS TOWN SQUARE PROJECT-MULTIFAMILY TIF NOTE)
Legal Description of Development Property
Lot 1, Block 1, Falcon Heights Town Square Second Addition
Lot 2, Block 1, Falcon Heights Town Square
•
•
SCHEDULE H
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN •
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
PLAT OF FALCON HEIGHTS TOWN SQUARE
(See Attached)
•
•
SCHEDULE I
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
RESTAURANT PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Tract A, Registered Land Survey No. 73.
SCHEDULE J
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SHOPPING CENTER PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
Parcel 1:
Tracts A through K, Registered Land Survey No. 94.
Parcel 2:
Tract A, except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet of
the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2.
Parcel 3:
The West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of the
Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29,
Range 23, except public streets and highways.
•
SCHEDULE K
TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF FALCON HEIGHTS AND
FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP
SNELLING AVENUE PARCEL
Real property situated in Ramsey County, Minnesota, legally described as follows:
That part of the Westerly 159.5 feet, except the North 49.5 feet thereof, of the Northwest Quarter
of the Northwest Quarter of Section 22, Township 29 North, Range 23 West, Ramsey County,
Minnesota, lying Northerly of the Westerly extension of the Southerly line of Tract A,
Registered Land Survey Number 2;
which lies Easterly of Line 1 described below:
Line 1. Commencing at the Northwest corner of said Section 22; thence run Easterly along the
North line thereof on an azimuth of 88 degrees 48 minutes 49 seconds for 159.53 feet; thence on
an azimuth of 179 degrees 53 minutes 31 seconds for 89.90 feet to the point of beginning of Line
1 to be described; thence on an azimuth of 269 degrees 53 minutes 31 seconds for 39.50 feet;
thence on an azimuth of 179 degrees, 53 minutes 31 seconds for 550.89 feet and there
terminating.
•
L~
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:?~ ~l?1 fLtiz?'a?li.i~i C)d__:>{~ L?~TIt'-~; ~~r 1?"?i??13.~~5 m~~s' ?(~;01"1fES iJt ~,~~,(}()(1 I'°~?~ El.t1C~ 1~"s~1'~'
•
•
~0 1
• Association of
Metropolitan
Municipalities
December 30, 2003
Ms. Heather Worthington
Administrator
2077 West Larpenteur Avenue .
Falcon Heights, MN 55113-5594
Dear Heather:
Enclosed please find an invoice for your city's 2004 AMM membership dues. As we
noted in our preliminary dues notice this past summer, the AMM Board of Directors
has reduced our 2004 operating budget and frozen member dues at their 2003 level in
an effort to respond to these challenging economic times. Your continued
membership and participation in AMM is greatly appreciated.
During 2004, AMM will be focusing its legislative efforts on the state budget,
spending and expenditure limits including levy limits, transportation funding and
regional government issues. At the regional level, we will be closely monitoring the
Metropolitan Council's work developing the four policy plans that coincide with the
2030 Framework.
Again, thank you for your continued membership. If you have any questions or if we
can. be of assistance at any time throughout the year, please don't hesitate to call me
at (651) 215 - 4001.
Sincerely,
~~~
Eugene Ranieri
Executive Director
• 145 University Avenue West
Saint Paul, Minnesota 55103-2044
Telephone: (651) 215-4000
Fax: (651) 281-1299
E-mail: amm@amm145.org
Association of Metropolitan Municipalities (AMM)
145 University Ave W, St. Paul, MN 55103-2044
Phone: 651-215-4000
SOLD TO Account # 218 Phone: 651-644-8675
Heather Worthington c/o Falcon Heights
2077 W Larpenteur Ave
Falcon Heights, MN 55113-5594, USA
Sales
Order
#595
i
SHIP TO Phone: 651-644-8675
Heather Worthington c/o Falcon Heights
2077 W Larpenteur Ave
Falcon Heights, MN 55113-5594, USA
Date Ordered: 12/30/2003 Account Terms: Net 30 Shipper:
Due Date: 01/30/2004 Tag Status: Taxable Salesperson: Laurie Jennings
Customer PO: Reference: 2004 Membership Dues
Item # Description Unit Ordered Ship Tag Unit Price Total
Membership Dues for the City of Falcon Heights 1 0 ^ $1,985.00 $0.00
Thank you! Pretax Subtotal: $ 1,985.00
Taxable Items: $ 0.00
Nontaxable Items: $ 1,985.00
Amount Paid as of Printout Date: $ 0.00 0 Percent Sales Tax: $ 0.00
Balance Due as of Printout Date: $1,985.00 Sales Order Total: $1,985.00
V /',. ~ /~~j`~
l
~~
Page 1 of 1
~C 1
~ Association of 9AN 0 5 2A03
Metropolitan
Municipalities
DATE: December 31, 2003
TO: Chief Administrative Official
FROM: Eugene Raniexi, Executive Director
RE: 2003 Elected Officials Salary Survey
Enclosed is a copy of the 2003 Elected Officials Salary Survey. Each AMM member
city receives one copy free and additional copies may be obtained for $15.00 each.
We hope you will find this survey useful. We sincerely appreciate the time and effort
each participating city put forth to make this survey possible. Again, thank you and
• please call Laurie Jennings in our office (651) 215-4000 if you have questions or
want additional copies.
145 University Avenue West
• Saint Paul, Minnesota 55103-2044
Telephone: (651) 215-4000
Fax: (651) 281-1299
E-mail: amm@amm145.org
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Northwest Youth
~L F~I1111y S e~'V1 ~eS
3-190 Lc~xin,~Ilon .•1l~c~nrrc~ ,~'nr~h, .S}ri/c ?0? . Shnr'et'feir.:11 ~ i j I?(~ . 1'hnr~e /6~ 1) -l,Qf-3~S'O~Y :' -
t rrx (h~I) -l~Yh-3~,~,~
To our Friends at the City of Falcon Heights,
The following is a brief report on Northwest Youth & Family Services' ro
directly affect the residents of your community. If you have an p ~'ams that
report, please call Kay Andrews, Executive Director, at (651) 486-3808 ext 243 ores
Lauren Edlund, Development Assistant, at (651) 486-3808 ext. 256.
City of Falcon Heights
Report Period: Jan. 1, 2003 to September 30, 2003
Annual City Contract for Service 2003:
Your contract for service covers mental health, diversion, youth-run business and$7~243
chore programs. All other services are provided as an additional benefit. senior
In addition to city support, NYFS actively seeks operating funds from foundatio
businesses, state and county contracts for service, civic groups and individuals. Ts~
• this collaborative effort, we are able to fund a wide range of services to families ~ ough
individuals in need. d
Total market value of contracted services through September 30:
Total market value ofnon-contracted services through September 30: $2215
Total market value of all services through September 30: $11,010
(Please note that these numbers represent the market value of services provided, not what NYFS char es
for these services. Because of your collaboration with NYFS, many of these services a $13,22$
charge or on a sliding-fee scale based on income.) g
re offered free of
Contracted Services:
Mental Health Counselin
Market Value
`# Served
Ffours of Servi
e
g
Senior Chore Seniors $1 615
S Clients c
17
$600 1 Senior 30
Non-Contracted Services
Market Valu
Skill Builders Presentations e
$300 # Served Hours of Service
Project Engage 83 Clients 5
• $10,710 1 Youth 126
_..
WWW.1?yfS. 03"g
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Campus/Community Advisory Committee
Thursday, January 15, 2004
3:30 to 5:00 p.m.
Skok Hall, 2"d floor conference room
AGENDA
3:30 Introductions
3:40 Directions in Student Affairs on the Twin Cities
Campus-Jerry Rinehart, Associate Vice Provost for
Student Affairs
4:00 University's 2004 capital banding request/legislative
• session outlook-Dick Hemmingsen, Associate Director
of Government Relations (invited)
4:15 On-campus stadium feasibility study-Brian Swanson,
Office of Budget and Finance and lead planner for the
stadium feasibility study
4:45 Chiller Plant update-Roger Wegner, Capital Planning
and Project Management ~'~~;~,~ Q~~~~r'~si~ G'~~~da~.~,
a~o~- S/05~, Consf ~x~~ ~l~y, ~~~ tiaver~r-,~e-r.
4:55 Roundtable reports
5:00 Adjourn
The Campus/Community Advisory Committee will meet on the third Thursday of
the first month of each quarter in 2004. Meetings are scheduled for April 15, July
15, and October 21. Send suggested agenda items to Carolyn Manthei-Lund at
manth002(a~umn.edu, or 612-624-7324.
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STATE OF MINNESOTA
FAIRGROUNDS
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Summary
Governor's Recommended 2004 Capital Budget (dollars in millions)
• The Governor presented his recommendations under 5 broad themes. The total recommendation was
$759.7 million. The recommendation included $689 million of General Fund supported GO Bond
financing.
Theme Amount Percentage
Education (K-12 and Higher Education) .$195.6 25.7%
Economic Development, Housing and Transportation $194.0 25.5%
Environment $172.4 22.7%
Safer Communities $108.4 14.3%
Effective Government and Public Services $89.3 11.8%
Total Capital Recommendation $759.7 100%
•
• Within the Education theme the Governor recommended:
Organization Amount % °f
Education % of Total
Minnesota State Colleges and Universities $88.6 45% 12%
University of Minnesota $76.6 39% 10%
Department of Education $24.2 12% 3%
Minnesota State Academies $4.3 2% 1%
Perpich Center for Arts Education $1.8 1 % 0%
Total $195.6 100%
The Governor's $76 million recommendation for the University included 4 projects.
- Higher Education Asset Preservation and Replacement: $38 million
- UMD Life Science Building Renovation: $9.3 million (plus $4.7 million in U funds.)
- Kolthoff Hall Renovation: $16.0 million. (plus $8.0 million in U funds.)
- Education Sciences (MRRC) Renovation: $13.3 million (plus 6.7 million in U funds.)
The Governor's recommendation for MNSCU was comparable to the University. MNSCU
received $75.4 million of GO Bond Funding (versus $76.6 million for the University) and is
required to contribute $13.2 million in User Financed bonds. The University's required user
financing was not included in the recommendation because the University will issue its own
debt of $19.4 million.
• The Governor also recommended a $20 million research facility for the Mayo Clinic that will
be funded through the University.
Overview
The University of Minnesota learning experience provides students with broad based
skills in critical thinking,. communication, and problem solving which are the foundation
for the pursuit of advanced education and successful- careers. We also believe that the
University experience can contribute significantly to the creation of good citizens--
individuals who are engaged in their communities, concerned with social justice, .and
_ awaze of the complex and rapidly changing cultural and global environment in which we
live.
The development of these skills and chazacteristics, however, is not. confined to any
particulaz element. of the academic curriculum. Indeed, many of the traits associated with
..success beyond the University are just as likely to be developed during a student's co-
curricular experiences as-they are in the classroom. Given the progress the University
has made the past. few years in attracting outstanding students and enhancing their
learning experience, it is time to become more explicit and purposeful regarding both the
broader developmental outcomes we believe our students should achieve, and the role
that civic engagement plays in helping. students. attain these outcomes.
Student Experience Outcomes
Among the characteristics associated with good citizenship and success beyond the
Universityare the following:
Re~gansibility ._ '_- Self-.Confidence
Accountability Humility
Independence Resilience
Goal Orientation Appreciation of Differences
Positive Self-Ima e Tolerance of Ambiguity
r
We need to introduce students to these expectations during their first encounters with the
University, and we need to develop within our graduation planning efforts a variety of
"paths" related to these outcomes and to civic engagement. These paths should reflect
student interests, academic fields, and future goals, as well as community needs.
Students understand that their academic progress is of great concern to the University;
they need to have a similar expectation regarding the importance of their overall
development as well-rounded, engaged citizens.
Rinehart, Swan, Nobbe
November 2003
EXECUTIVE SUMMARY
SECTION I-EXECUTIVE SUMMARY
Markin consulting was engaged by the Minnesota State Agricultural Society (the MSAS) to identify,
analyze and quantify economic benefits to the Twin Cities metropolitan area from the operation of the
Minnesota State Fair and Fairgrounds. The MSAS, responsible for the operation and maintenance of the
Fairgrounds, both operates the annual 12-day Minnesota State Fair (the Fair) and .rents the Fairground's
facilities for commercial, consumer,~agricultural and equestrian events and activities on a year-round
basis.
This section presents a summary of the estimated economic impacts of the MSAS as detailed in the
remainder of this report.
EXPENDITURES IMPACTS
The operations of the MSAS including the annual Fair and non-Fair events and activities generate
specific expenditure impacts, fuither explained in Section II. The estimated annual expenditure impacts
are shown in Table 1.
Table 1 .
Minnesota State Agricultural Sceiety
Summary of Estimated Annual Expenditure Imnacts
Souce of
lntitial
Induced Total
•
Minnesota State Agricultural Society Operations
Annual Fair Impacts
Local concessionaire and rideJgame operators
Non-local concessionaires, ride and game operators and commercial exhibitors
Non-local competitive livestock exhibitors
Annual Non-Fair Impacts
Event promoters
Non-local participants and exhibitors
Local concessionaire
All Activities
28.000.000 $45.OU0,600 573.000.0(10
515,2UU,ODU $16,80(),000 $32,OOU,0(H)
4,100,000 3,700.000 7,8o(l,U(H)
2,1(>n.ooo z.3(w.ooo , 4.4o0,orx1
521,4(10.000 $22,800,(100 44 2(Hl 000
$400,000 5300.000 57On,000
15,000,000 16.300,000 31,300,000
1 IOU 00 1,3(IU.U(lU 2.4(N).oOU
16 500 (10(1 $17,000,000 34 400 0(10
565.9U0,OOO $85,700,0(1(1 5151,61)0,000
Due to the variability of events and activities in any given year and the margin of error of survey
responses, the annual impacts are estimated to range between $147 millivn and $157 millivn.
MARKIN CONSULTING
EXECUTIVE SUMMARY
•
EARNINGS IM19PACTS
Included in the expenditure impacts shown in Table 1 are salaries and wages paid to MSAS employees,
as well as to employees of local-area concessionaires and ride/game operators, hotels, restaurants and .
shops. These salaries and wages, refetTed to as earnings impacts, are presented in the table below.
Minnesota State Agricultural Society
Summary of Estimated Annual Earnings Impacts
Earnings
Source of Impact Impacts
Operations $19,140,000
Annual Fair Activities 14,070,000
Annual Non-Fair Activities 10,680,000
All Activities ~ $43,890,000
•
•
Of the $152 million of expenditure impacts shown in Table 1, almost $44 million of that amount
represents earnings paid to employees both directly and subsequently involved in supporting the
activities of the MSAS and its users through local, businesses and their employees.
EMPLOYMEN'T' IM1IPACTS
Table 2
The employment impacts represent the number of jobs supported by the amount of salaries and wages
paid, presented as earnings impacts in Table 2. The table below presents the estimated number of jobs,
direct and induced, related to those activities.
. Minnesota State Agricultural Society
Summary of Estimated Annual Employment Impacts
Souse of Impact Direct Jobs Induced Jobs Total Jobs
Operations 2,460 ~ 450 2,910
Annual Fair Activities 1,210 770 1,980
Annual Non-Fair Activities 80 580 660
All Activities 3,750 1,800 5,550
Tablc 3
The 2,460 jobs shown as "Direct Jobs" for Operations represent the estimated number of employees (not
all full-time equivalents) of the MSAS operations, including about 78 full-time, around 262 seasonal and
about 2,120 Fair-time. The remaining direct jobs represent local employees who work for
concessionaires, ride and game operators and event promoters during the Fair and year-round events.
The number of jobs shown as "Induced Jobs" represent the jobs that are supported by the re-spending of
dollars in the local area, as well as staffing of hotels, restaurants and shops to support the non-local
patrons and participants of events held at the Fairgrounds.
MARKIN CONSULTING
2
EXECUTIVE SUMMARY
FISCAL IMPACTS
The operation of the Fair and Fairgrounds, as well as events held at the Fairgrounds, create certain fiscal .
impacts in the form of sales, lodging and fuel taxes. State sales taxes are generated by activities of the
MSAS during the Fair and non-Fair events from admission sales, grandstand ticket sales, parking revenue
and carnival sales, as well as concession sales. In addition, the off-grounds expenditures made.by non-
local patrons and participants of events held at the Fairgrounds generate sales, local option, fuel and
lodging tax revenue for state and local governmental jurisdictions. Table 4 below presents the estimated
annual taxes generated by the MSAS operations and events held at the Fairgrounds.
Table 4
Minnesota State Agricultural Society
Su of Estimated Annual Tax Im acts
Souce of Impact Tax Amount
State Sales Tax $4,191,000
Local Option Tax ~ 82,000
Fuel Tax 73,000
Lodging Tax 202,000
Total 4 548 000
•
For the complete report, please contact:
Minnesota State Fair, 1265 N. Snelling Ave., St. Paul MN 55108,
or email, fairinfo@mnstatefair.org
IVIARKIN CONSULTING 3
•
•
The 2004 Capital Request, guided by principles
of stewardship and sustainability, supports the
University's mission through investment in academic
infrastructure and preserves past investments in
existing buildings through repair and renovation.
There are four components of the 2004 Capital
Request:
HEAPR: Traditional (48% of requested funds)
Higher Education Asset Preservation and
Replacement (HEAPR) funds will be used to make
health and safety improvements, utility .upgrades,
and building system improvements for more than
100 projects on the Twin Cities, Duluth, Morris, and
Crookston campuses, and at research centers and
stations throughout the state.
HEAPR: Major Building Renewal
(39% of requested funds)
The University will contribute funds for program
investments not covered by. HEAPR, for the
renovation of four existing buildings-the Life
Science Building on the Duluth campus and on the
Twin Cities campus: Kolthoff Hall, the Education
Sciences Building (the former MRRC), and
classrooms and .other learning environments in the
Academic Health Center.
New Construction (11% of requested funds)
Funds for two new projects are being requested
this year. In partnership with the Morris community,
a biomass heating plant addition and a football
stadium will be shared with the school district.
On the Duluth campus, students will help fund an
addition to the Sports and Health Center to meet
their demand for greater access.
OF WHAT WE
Planning Funds (2% of requested funds)
The University is also requesting planning funds
to design much-needed classroom space for
expanding undergraduate and graduate business
programs on the Duluth and Twin Cities campuses.
FINANCIAL SUMMARY
systemwide
UNIVERSITY'S 2004 CAPITAL REQUEST (in millions)
HEAPR: Traditional $90.0
HEAPR: Major Building Renewal $74.0
UMD Sports and Health Center Addition $12.0
UMM Biomass Heating Plant Addition
and Football Facility $g,0
Planning for Carlson School Expansion
and Classrooms $2,5
Planning for UMD Business School
and Utility Infrastructure $2.2
TOTAL. CAPITAL INVESTMENT $188.7
FUNDING SUMMARY (in millions)
State Bonds $155.5
University Financing $33.2
TOTAL CAPITAL INVESTMENT $88,7
The Uni~rersity of Minnesota is on equal opportunity educator and employer.
•
. I
~ ~ •
HIGHER EDUCATION ASSET
•••••••••~~~~••~~~•~~••••~~••••••••• PRESERVATION AND REPLACEMENT
~~;~~ • • ~
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FACILITIES AND PROGRAM ~;'- _; ~ ~ _ ~ s,. ° ,
The University's physical assets include more ~.~, . ~ ~, ; ,~: ~ ~ ~.",
than 800 buildings. Approximately 65 percent of -,r ~ '~~
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of its existing buildings. ~ ~ "
•HEAPR funds are an essential part of the '~;
Universit~s investment in and commitment to ~°~
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maintaining its existing buildings. _
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HEAPR funds are used to make health and safety _ ~; `l
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improvements, utility upgrades, and building "' "
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system improvements (MS 135A.046). •
• HEAPR funds assist the University in meeting
its obligation to provide safe and accessible REQUEST
campuses for the 60,000 students, staff, and
guests who use its facilities each day: $90 million
• Renewing existing roofs, building interiors and PROTECT SCOPE
exteriors, and electrical and mechanical systems-
. will extend the useful life of University buildings. Funds will be used to maximize the life of the .
• Replacing aging and obsolete cooling equipment, University's existing physical plant by completing
more than 100 projects on all four campuses and
heating systems, and electrical distribution at research centers and stations throughout the
systems will increase efficiency and reliability and .state. Individual projects fall into one of three
minimize the risk of system failure. categories.
• Among the many HEAPR projects, the Crookston Health, Safety, and Accessibility $15.1 million
campus will have its heating plant upgraded; an
improved ventilation system in Bohannon Hall
'Building Systems. $43.5 million
on the Duluth campus will improve the indoor Utility, Infrastructure $31.4 million
.air quality; sprinklers and alarms will be installed
in Moos Tower on the Minneapolis campus to
improve security; the roof will be replaced at : rneun;~rsr,.osM;~~esomsa„eq„oioPPorr„~;~.edu~~rora„demP~oyer
the Minnesota Landscape Arboretum; and on
the Twin Cities campus in St. Paul, the storm
water management system will be .brought into
compliance with state .regulations.
•
•
.................................... KOLTI~OFF HALL
.•.
,,j t f;, , . -~_,,r~ Twin Cities campus-
~ ~ ~ .:~
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FACILITIES AND PROGRAM
^s~ :+~:
The Department of Chemistry is ranked 21st
among 168 chemistry departments in the `~''~ i~ ~ ~"
country, 11th among public universities. ~ ~' ~ ,~
Chemistry is the largest Ph.D. granting progrom ~ .k , ~ ;` ,
at the University of Minnesota
• The National Science Foundation and the „~„~' ~~;
National Institutes of Health provided $9.1 ~*=~~°u
million in grants to support basic and applied "~ -_,
research in chemistry in fiscal year 2003. s " ~"' `~` '
• Department of Chemistry faculty conduct .The entire. HVAC and electrical systems need
nutting-edge research. in emerging fields such as to be upgraded to safely support teaching
biocatalysis, nanoscience, and chemical biology.
This research supports the University's work in _ and research activities, which will substantially
biotechnology. improve the air quality and ameliorate any
current health risks.
• Remodeled labs will support a new inter-
disciplinary program in chemical biology. In -
collaboration with the Medical School, this REQUEST
program is aimed at the development and
integration of modern chemical methods to $16.8 million + $7..2 million University contribution
understand biological problems at the PROJECT SCOPE
molecular level.
One or more chemistry courses are required Funds will be used to replace obsolete mechanical,
in 43 undergraduate programs. In 2002-03, electrical, and HVAC systems to more safely
11,.156 students were enrolled in chemistry support teaching and research activities in
classes. chemistry. Sprinkler and alarm systems will
be installed; elevators and restrooms will be
•Kolthoff Hall houses teaching and research labs upgraded; and repair of the building's interior and
for the Department of Chemistry. It is used daily exterior will extend the useful life of Kolthoff Hall.
by nearly 500 students and faculty.
• The Department of Chemistry has provided
outreach to more than 2,000 K-12 StUdentS In me University ofMinnesotoisanequalopportuniryedumtorandemployer.
each of the past 10 years, stimulating student
interest in the study of chemistry.
The 35-year-old structure is sound, however,
the obsolete mechanical system connot provide
adequate ventilation to laboratories-that
regularly use toxic chemicals, which is limiting-
the level of research activities in the building.
1
.. ~ ~ •^ I
..
FACILITIES AND PROGRAM
The Education Sciences Building (the former
Mineral Resources Research Center) will
be occupied by three College of Education
and Human Development (CEHD) units: the
Department of Educational Psychology, the
Center for Applied Research in Educational
Improvement (CARE/); and the Center for Early
Education and Development (GEED). These units
attract $8 to $9 million annually in sponsored
research
• `CEHD has trained more than 100 superin-
tendents and nearly 700 principals and other
K-12 administrators in the state.
• Nearly 40 percent of the Teacher of the Year
-Award recipients in Minnesota are University of
Minnesota alumni.
• The renovated building will. provide space for
continuing education-for thousands.of teachers,
administrators, and other professionals who
work with CEHD faculty on reading education,
disability services, and classroom technology-
solving real problems in real schools.
The opportunity for professors, researchers and
graduate students to work in close proximity
.will enable them to conduct integrated
research projects,. attract additional sponsored
funding, and enhance research that.will benefit
Minnesota's school children, teachers, and
administrators.
• Student and faculty interaction would increase by
bringing them together in one space rather than
the six spaces they currently occupy.
A recent facility assessment of the renovated
building concluded that it is structurally sound
and well suited for adaptive ,reuse.
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• The openness and large volume of the existing
interior space allows cost-effective conversion to
..new use.
• The renovated building would hold 40-50 faculty
and 80-100 researchers and graduate students.
.REQUEST
$13.3 million + $6.7 million University contribution
PROTECT SCOPE
Funds will be used to design, renovate, furnish,
and equip-the Education Sciences Building (the
former Mineral Resources Research Center). The
.building exterior will be restored, all physical
and code deficiencies will be corrected, building
systems will be modernized, and the interior wi11
be reconstructed to house. offices and research
space for the College of Education and Human
Development.
The University of Minnesota is on equal opportunity educoror and employer.
•
•
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•
°•••••••••°•°•••••••••••••••••••• ACADEMIC HEALTH CENTER
~` ° • ~ EDU
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.~ ~ ~„
FACIUTIES~AND PROGRAM --_.;:~
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After years of investment in research facilities ~ _ ,,
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the Academic Health Center (AHC) must now
update its learning environments ~ ~'
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• Renovation of Academic Health Center class- ~„
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rooms and other learning environments will -
.improve conditions for nearly 7,000 full-year- "" "
equivalent students who use the facilities.
• The future of Minnesota's health rests with health ~ _:~
~ '-
professional students..The next generation of
health professionals requires new skills and _
competencies that are part of a new curriculum
. - • Mayo Auditorium will be restored, meeting
.
• Upgraded learning environments must be contemporary technology and infrastructure
needs and ADA provisions.
provided to stay competitive and to continue
to attract the best and brightest students who • The Veterinary Medicine Teaching Center will be
expect the best learning resources. furnished vvith a flexible, flat-floor classroom to
AHC educational facilities require substantial accommodate 200 people, seminar rooms, and
distance education facilities.
improvements to support the changes in health
professional curricula and teaching methods. •
The renovated Veterinary Medicine Teaching
• Most AHC classrooms are now 25 years old and Center will serve as a resource to the agricultural
community.
have notbeen substantially improved since they
were constructed.
- Seventy-five percent of classrooms are large, REQUEST
tiered, fixed-seating classrooms of 100+ seats
that lack flexibility. $9.6 million + $6.4 million University contribution
• To meet modern educational needs, more RROJECT SCOPE
flexible, adaptable space will allow for a range of Funds will be used to renovate existing teaching
learning environments.. facilities throughout the•AHC including Mayo
• More-small-group space for problem-based Auditorium, Veterinary Medicine Teaching Center
learning, more flexible large-group space, and (old Dairy Barn), and classrooms and instructional
improved technology in all spaces including labs in various AHC buildings.
computer-based testing facilities, computer labs,
and simulation facilities are needed.
Renovation of classrooms and teaching The University of Minnesoto is on equal opportunity educator and employer.
laboratories in nine AHC buildings on the .Twin
Cities campus in Minneapolis and St. Paul is
• proposed.
Planneng for CARLSON SCHOOL
... ...
e • , EXPANSION AND CLASSR0011itS
._, - •
°: ~ `~~~'~= Twin Cities campus
.~'~ ~ ..
FACILITIES AND PROGRAM
The Carlson School of Management (CSOM) will
better meet the needs of Minnesota's business
community by turning out more graduates of the
undergraduate business program and the full-
time M.B.A. program by adding more classroom
space in a new facility.
• CSOM currently admits 300 freshman and 150
transfer students each year, attracting students. of
.high academic achievement.
• CSOM is expanding its undergraduate business
program by 50 percent-to admit 150 more
freshman and 100 more transfer students.
• Fifty-three percent of incoming freshman are in
the top five percent of their class. With average
ACT scores of 28, they are in the top seven
'..percent of students nationvvide.
To support the growth in CSOM programs and
to address the instructional requirements of
-the College of Liberal Arts, the following will be
added: four 160-seat classrooms, six 90-seat
classrooms, one 60-seat classroom, and twenty
20-person breakout rooms.
• In addition to classrooms, the new facility will
provide space for: faculty and teaching assistants
in the expanded undergraduate business
program; advisers in a larger undergraduate
Business Career Center; on-campus interviews
by prospective employers;. a new undergraduate
computer lab; and informal individual and group
study space.
• To meet the competitive demands of incoming
.students and to better facilitate the instructional
.process, classrooms would support different
teaching methods using state-of-the-art
information technology and equipment.
REQUEST
$1.7 million + $0.8 million University contribution
PROJECT SCOPE.
Funds will be used to design a new instructional
facility adjacent to the existing Carlson School
of Management on the Twin Cities campus in
Minneapolis. The facility will include undergraduate
classrooms for CSOM and the College of Liberal.
- Arts, undergraduate computer laboratories, and
offices for CSOM's undergraduate student support
service programs.
The University of Minnesota is an equal opportunity educator and employer.
•
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`J
CITY OF
2077 W.LarpenteurAvenue
Falcon Heights, MN 55113-5594
email: mail@ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
January 15, 2004
Ms. Diane Cormany
Best in Real Estate Editor
The Business Journal
527 Marquette Avenue, Suite 300
Minneapolis, MN 55402
RE: Falcon Heights Town Square
Dear Ms. Cormany:
Phone - (651) 644-5050
Fax - (651) 644-8675
I write today to heartily recommend the Falcon Heights Town Square project for the Best in Real
• Estate award in the category of Best New Mixed Use Development.
In 2000, the City became aware of the potential for redevelopment of the Southeast corner of
Snelling and Larpenteur Avenues when the shopping center parcel in that location came onto the
market for sale. That touched off resident visioning meetings, developer selection through an
innovative RFP process based on the design guidelines, and finally, groundbreaking in October,
2003. From the start, the Falcon Heights community has been involved in determining the
direction this project would take. No less than 20 community meetings were held to take
feedback, formulate ideas, and discuss concerns with our residents.
The redevelopment site was home to an aging, poorly maintained shopping center for nearly
50 years. It had become a drag on surrounding property values, and was no longer a suitable
gateway for our city. Despite several attempts, the site had never been the object of a serious
redevelopment bid. Market studies showed that a mix of housing and a more modest retail
presence would be best for the corner, and when the city solicited proposals from developers,
seven came forward with plans.
Sherman Associates was clearly the strongest applicant in terms of residential work, multi-use
work, and their experience in the first ring suburbs. Despite a challenging financial environment,
they were able to pull together a patchwork quilt of financing, with modest city participation.
From the beginning, there was strong support for their project, largely due to their willingness to
listen, maintain design and planning flexibility, and their sheer doggedness in seeing this project
come to fruition.
L~
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
~~~ PRINTED ON RECYCLED PAPER
Ms. Diane Cormany, Best in Real Estate Editor
• January 15, 2004
-2-
It is with great pleasure and pride that I strongly recommend the Falcon Heights Town Square
project for the Best in Real Estate Award, 2003.
Warmest regards,
CITY OF FALCON HEIGHTS
~ `.~
Susan L. Gehrz
Mayor
•
."", ",y ~ , "., _._. .
liviocities.htz}rtaFaafs;Latq'.
,~.~IIALLS: Cities`lead.th~ c~i~Cge on :filling space
George Sherman said Falcon Heights got involved in the redevelopment of .
Northome Shopping Center, shown above, to prevent the center's decline.:...:.
evely ors, =cities revive ~.
p
Sri r~alls o drew ~ ra~fic-
p
0Y NICOLE 6AnnISON
STAFE REPORTER
Jn areal-estate mazket increasingly domi-
nated by mixed-use development, lifestyle
centers and resurgent downtown retailing,
1950s-era strip malls Gave become obsolete.
The central cities and imter-ring suburbs,
in pazticular, are faced with a slew of half-
emptyaging malls. These properfles can lead
to die deterioration of surrounding residen-
tial neighborhoods and drag down property
values.
Savvy developers and city administrators
are workbrg to redevelop or revamp aging
strip complexes to make them more compet-
itive. The idea is to attract Idgher profile,
national tenants that will pay lugher rents and
attract more shoppers. Creathig neighbor-
hood retail centers also helps meet the sur-
roundingresidents' needs.
The attention tlrat aging strip centers have
received in the past few yeazs is necessary if
the complexes are to compete with newer
forms of retail, experts say. With roughly 5h
percent more retail space per person today
that there was 15 years ago, consumers have
found that they lrave an endless array of
choices, said Michael Bayer, senior resident
•
fellow at -The Urban Land lnstt[ute , ut
Washhtgton, D.C.
"There simply isn't as much basins§s," '
Bayer said. "When you combine all tlresenew
forms of retailing with the oversupply of
retailing, you can understand whyolder obso-
leteproperties am suffering."
Puhliclprivate partnerships
Some cities are taking an increasingly pub- '
Bc role in the redevelopment of the centers. '
The city of Palcon Heights helped speaz-
head the redevelopment of Northome
Shopping Center, located on the southeast
comer of Snelling and Larpenteur avenues.
The 60-year-old site consists of two parcels:
the shopping center parcel owned by JEM-
JAHS Partners in Minneapolis and the Dinos
restaurant parcel owned by Dino Adamidis.
The city of Falcon Heights became interested
in the redevelopment of the strip mall about
three years ago, when the shopping center
portion was put on the mazket.
While fine city doesnt own the site or have
control o£ it, administrators wanted to make
sure that whoever purchased the shopping
center would redevelop it iota something
MALLS ~ PAGE 26
scheduled
Biigltop;
h a siiialler
nd a fined--
dents wifft
iurpnrlfo-
i1 to repo-.;
EngelsNa;' ;
jest _ "it's --
2- :.
e~ ~~~~ Northwest Youth
~ ~c ~ ~~
~~ & F
0 e, ~, ~~,~~ arnily Services
~' ~ ~~" Please join us in
~~'~ ~' celebration and honor of
~~ ~~ these special individuals who
~~~, ~~ have demonstrated outstanding S'e~1Ce t0 y~utl.• A wa~•d
~~ service and commitment to area
,youth. The 2004 award recipients are: B a n
quet
Thursday, ::February 5, 2004
Wendy Benson ~ 5.:30 to 8:30 p.m.
Lawrence Fetter Mounds View Community Center
,Dale GunderSOn 5394 Edgewood Drive, Mounds View
Mary Sue Hansen-
,
-'Ron Lehman Tickets: $2s
yang LlU Please RSVP by Friday, Tan. 30, 2004 ' ~{~'~
b callin John Baile at
Y g Y
Terence Quigley _ o0
(651) 486-3808 ~
~~¢,
•
Minnesota State Fairgrounds
2004 Schedule of Events (January -Octo ber)
.Event Dates Event Facilities
1/18/04 - 1/18/04 Frigid 5K Running Race Coliseum (portion) and various roads
3/12/04 - 3/14/04 Minnesota Deer Classic Coliseum
3/20/04 - 3/21/04 Weapons Collectors Coliseum
Show & Sale- Winter
3/26/04 - 3/28/04 Super Golf Sale- Winter Coliseum
4/1/04 - 4/4/04 Shrine Circus Coliseum, Cattle Barn (portion), Warm-up Arena
4/17/04 - 4/18/04 GSTA Car Show Coliseum
4/17/04 - 4/18/04 Antique Spectacular Show Education Building, Progress Center, 4-H Building
~ Flea Market- Spring (first floor and outside bays), Blocks 24, 25, 30, 31
4/23/04 - 4/25/04 Super Computer Sale- Education Building
Spring
4/23/04 - 4/25/04 Horse Expo Coliseum, Horse Barn, Sheep/Poultry Barn, Swine
4/24/04 -
• 4/26/04 -
4/28!04 - 5/3/04
4/30/04 - 5/2/04
5/1/04 - 5/2/04
5/2/04 - 5/2/04
5/2/04 - 5/2/04
5/7/04 - 5/9/04
5/8/04 - 5/9/04
5/9/04 - 5/9/04
5/12/04 -
• 5/14/04 -
5/15/04 -
5/15/04 - 5/16/04
Barn (portion), Cattle Barn, Judging Arena,
Coverall, Campgrounds, DNR building, Block 49,
Military Relic Show- Spring Progress Center
FFA Cattle & Livestock Coliseum
Show
Denny Hecker Automotive Block 55 (portion)
Sale- April
Sahara Sands Spring Coliseum, Horse Barn, Judging Arena, Warm-up
Classic Arena, Campgrounds
Living Green Expo Education Building (entire), Home Improvement and
4/25/04
4/26/04
5/15/04
5/16/04
5/15/04
Spring Extravaganza Car
Show & Swap Meet
Northland Antique Toy,
Doll & Advertising Show
Saddlebred Horse Show
Weapons Collectors
Show & Sale- Spring
First Fifty Auto Parts Sale
& Swap Meet
YMCA Garage Sale- Spring
Watercolor Art Show
St. Paul Chamber
Orchestra Benefit Gala
Rubber Stamp &
portions of Block 31
Streets north of Randall and south of Hoyt,
Agrimart, Block 15 restrooms.
Progress Center
Coliseum, Horse Barn, Warm-up Arena, Judging
Arena
Progress Center
Streets north of Randall Avenue and South of Hoyt
Avenue, Block 15 restrooms
Merchandise Mart
Arts Center
Progress Center
Education Building
r
Scrapbook Expo ~
5/22/04 - 5/22/04 Model Railroad & Hobby Education Building
Sale- Spring
5/22/04 - 5/22/04 Smiie Network
Fundraising Gala Progress Center
5/22/04 - 5/23/04 Fine Antique Show Fine Arts Building
5/28/04 - 5/31/04 MAQHA Corporate Coliseum, Horse Barn, Campgrounds, Judging
Challenge Arena, Warm-up Arena
6/2/04 - 6/7/04 Denny Hecker Auto Sale- Block 55 & 56
June
6/4/04 - 6/6/04 Mazda Ride 8~ Drive Block 27 ~ Block 40
6/4/04 - 6/6/04 Gem, Mineral, Fossil, Progress Center
Jewelry Show 8~ Sale
6/6/04 - 6/6/04 GMCCA Car Show 8~ Swap Streets north of Randall and south of Hoyt, Block
Meet 15 Restrooms
6/12/04 - 6/13/04 Antique Spectacular Show Education Building, Progress Center, Baldwin Park,
8~ Flea Market- Summer 4-H (first floor), Blocks 24, 25, 30, 31
6/12/04 - 6/13/04 Parelli Natural Coliseum & Horse Barn (portion)
Horsemanship Seminar
6/18/04 - 6/20/04 MSRA Back to the 50's Car Education Building, Outside Areas*, Coliseum
Show (portion), Merchandise Mart, Bandshell, Warm-Up
Arena, Home Improvement, Progress Center,
Modern Living, Empire Commons
•
6/23/04 - 6/26/04 Tanbark Horse Show Coliseum, Horse Barn, Judging Arena, Coverall,
Campgrounds
6/26/04 - 6/26/04 Heart of the City Church Blocks 15, 16, 19, 20, Progress Center
Picnic
7/1/04 - 7/4/04 Morgan Horse Show Coliseum, Horse Barn, Judging Arena, Coverall,
Campgrounds
7/3/04 - 7/4/04 Hmong Festival Parking Block 55 (south of Como Ave.)
7/7/04 - 7/12/04 Denny Hecker Automotive Block 55 (portion)
Sale- July
7/9/04 - 7/11/04 Super Computer Sale- Education Building
Summer
7/9/04 - 7/10/04 Used Book Fair Progress Center
7/16/04 - 7/18/04 Car Craft Car Show Blocks 11 - 16, 19-21, 23-26, 29 - 32, 34-45
7/21/04 - 7/24/04 Polaris 50th Anniversary Education Building, Home Improvement, 4-H (first
Celebration floor and outside bays), Crysteel Building, Progress
Center, Blocks 22-25, 30 & 31, Campgrounds
8/4/04 - 8/9/04 Denny Hecker Automotive Block 55 (portion)
Sale- April •
8/6/04 - 8/8/04 Reining Horse Show Coliseum, Horse Barn, Warm-up Arena, Judging
Arena
9/16/04 - 9/19/04 Fall Arabian Horse Show Coliseum, Horse Barn, Judging Arena, Coverall,
9/17/04 -
9/ 19/04 -
%l,1.J%rVT °
9/26/04
9/19/04
9/25/04 - 9/25/04
9/25/04 - 9/26/04
9/30/04 - 10/3/04
10/2/04 - 10/2/04
10/2/04 - 10/3/04
10/2/04 - 10/3/04
10/2/04 - 10/3/04
10/2/04 - 10/2/04
10/5/04 - 10/10/0
•
10/9/04 - 10/10/0
10/13/0 - 10/24/0
10/13/0 - 10/16/0
10/14/0 - 10/18/0
10/15/0 - 10/17/0
10/16/0 - 10/17/0
10/17/0 - 10/17/0
10/21 /0 - 10/21 /0
10/22/0 - 10/24/0
10/22/0 - 10/24/0
10/22/0 - 10/24/0
Campgrounds
Oktoberfest Block 30
Motorcycle Swap Meet Blocks 8 & 9 (North of Hoyt Ave)
~t~iJ4G111 VrAY\A~G V~YI.%
Horse Show VVIIJli 1.V111, I Il%131, Vfll ll, VC.Itllli LJG~11, 4%f.11Jy 1111J. /"~I GIIQ,
Coverall, Horse Barn Annex, Campgrounds
Model Railroad Show- Education Building
Fall
Twin Cities Arts & Crafts Progress Center
Sale (Mission Furniture)
Minnesota 4-H Horse Coliseum, Horse Barn, Judging Arena, Cattle Barn,
Show Coverall, Campgrounds
District 10 ~ 12 Blocks 8 & 9
Neighborhood Clean-Up
Midwest Fall Swapmeet 8< Blocks 6-9
Antique Auto Show
Antique Spectacular Show Grandstand (first & second floors), Infield
& Flea Market
Weapons Collectors Education Building
Show and Sale- Fall
Junior League Garage Sale Empire Commons
Minnesota Harvest Horse Coliseum, Horse Barn, Judging Arena, Coverall
Show
Comic Book Convention Education Building, Annex, Theatre
Wilsons Leather Clothing Empire Commons
Sale
YMCA Garage Sale- Fall Merchandise Mart
Denny Hecker Automotive Block 55 (portion)
Sale- October
Super Computer Sale- Education Building
Fall
Military Relic Show- Fall Progress Center
Roadsters Swap Meet Blocks 8 - 9 (north of Hoyt Ave.)
Parking for Education Block 55 (south of Como Ave.}
Minnesota Conference
Minnesota Beef Expo Coliseum & Cattle Barn
Woodworks 2004 Education Building, Creative Activities Annex,
Home Improvement Building
Ski Show Progress Center