HomeMy WebLinkAboutCC PACKET 09261989 Meeting Sheet
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Box: 18
Folder: CC PACKETS 1987-1989
Document: CC PACKET 09261989
CITY OF ST. ANTHONY x
• CITY COUNCIL AGENDA
C� •
SEPTEMBER 26, 1989 >.
7:30 P.M. H
COUNCIL CHAMBERS o
C M
z d
I. Call to Order/Pledge of Allegiance. H >
ry
II . Roll Call . :9 k
III . Approval of September 12 , 1989 Council Minutes. ryio
zr
IV. Licenses/Permits/Petitions. p
E
H
V. Presentation of Claims. z '
A. Verified.
B. StayWell Health Management Systems - $940.00 .
C. Metropolitan Waste Control Commission - $19 ,627 .86 .
D. Calgon Carbon Corporation - $50 ,082 . 00 .
E. Marquette Bank Minneapolis - $31 ,082 ,000 .
F. Hi-Ranger Midwest - $31 , 681 . 25 .
State Representative MaryJo McGuire will be present to
• discuss state legislative issues.
VI . Reports .
A. Council .
1 . Councilmember Makowske - Autumn Wood/Kenzington
bus transportation.
2 . Councilmember Ranallo - Road Reconstruction Task
Force.
B. Departments and Committees.
C. Acting City Manager.
1 . Staff Meeting Notes - August 19 , 1989 .
2 . ISD #282 Community Survey.
3 . Appreciation Certificate.
VII . Public Hearings.
VIII . New Business.
A. Liquor Stores 1988 Uncollectible Checks.
B. Resolution 89-025 , re: 1990 Tax Levy and Budget.
C. Parkview Building Repairs (concept approval for roof;
quotes for heating and cooling system) .
1
Page 2 •
IX. Unfinished Business.
A. Ordinance 1989-001, re: . Licensing of haulers of
refuse, recyclables, etc. ( 3rd reading) .
B. Evergreen Townhouses.
1. Ordinance 1988-005, re: zoning change amendment
(3rd reading) .
2. Final plat approval..
X. Adjournment.
CITY OF ST. ANTHONY CITY COUNCIL MEETING
CITY COUNCIL MINUTES - SEPTEMBER 12, 1989
•
1 1 . CALL TO ORDER
2 Mayor Sundland called the meeting to order at 7:30 p.m. and Councilmember
3 Ranallo led the Pledge of Allegiance.
4
5 2. ROLL CALL -
6 Marks, Ranallo, Makowske, Sundland - present Enrooth - absent
7 Staff Present: Sue VanderHeyden , Acting City Manager
8
9 3-
APPROVAL OF AUGUST 22, 1989 COUNCIL MINUTES
10 Motion by Ranallo, second by Marks to approve the August 22, 1989 Council
11 Meeting minutes with the following corrections noted :
12
13 page 1 , line 41 : Motion should read: "Motion by Marks, second by Ranallo
14 to approve the licenses for Kridle Partners, 124 Canabury Court, St. Paul ,
15 for the locations at 2938 and 3004 Old Highway 0."
16 page 2, line 1 : Roll call should be: Ranallo, Makowske, Enrooth, Sundland -
17 aye Marks - nay
18 page 4, line 31 : The sentence should be completed in the following manner:
19 " . . the Ramsey County 'Assessor's Office is set up differently than is the
20 Hennepin County' s portion of St. Anthony."
21 page '4, line 44: ..Should read: "Councilmember Marks suggested that any
22 celebrations in Central Park not be set up on the north side of the Park."
23 page 5, line 33: Should read: "Councilmember Marks noted that the Chamber of
24 Commerce has already begun participation on this project."
25 page 6, line 39: typo correction: "plants"
26 page 6, line 5: Should read : "St. Anthony City offices" rather than "St. Anthony"
�7 page 7, line 2: Should read: "Doug Jones" rather than "A resident"
28 Motion carried unanimously
29 4. LICENSES AND PERMITS
30 Motion by Marks, second by Makowske to approve the following licenses:
31
32 Contractors
33 Day' s Construction and Remodeling, Arden Hills, Mn.
34 Richard Hastings Co. , Fridley, Mn.
35 Merle's Construction Co. , St. Paul , Mn.
36 The Delory Co. , Maplewood, Mn.
37 Seviola Construction Co. , Blaine, Mn.
38 Motion carried unanimously
39
40 3.2 Beer Permits
41 Motion- by Ranallo, second by Sundland to approve the following 3.2 beer
42 licenses:
43
44 Patricia Puffer, 4025. Fordham Drive, September 16, 19.89, Emerald Park,
45 Neighborhood Get Together
46 St. Charles Mardi Gras, 2727 Stinson Boulevard , February 25, 1990
47 Bill Meyers., 3460 Hayes Street, September 16, 1989, Central Park,
• 48 Softball Tournament
49 It was noted that the permit for the St. Charles Mardi Gras was to
50 include permission to serve wine as well .
� 4
September 12, 1989 Council Meeting
page 2
•
1 Roll call : Ranallo, Makowske, Sundland - aye Marks - nay
2
3 Motion carried
4
5 5. PRESENTATION OF CLAIMS
6
7 A. Motion by Marks, second by Makowske to approve the verified claims as
g listed.
9 Motion carried unanimously
10
ll B. Motion by Marks, second by Ranallo to authorize a payment of $.3,348.00
12 to Calgon Carbon Corporation for a temporary granular activated carbon
13 system.
14 Motion carried unanimously
15
16 C. Motion by Makowske, second by Marks to authorize a payment of $1 ,474.70
17 to Rieke Carroll Muller Associates for professional services rendered
18 regarding the temporary water treatment facility.
19 Motion carried unanimously
20
Y1 D. Motion by Ranallo, second by Makowske to authorize a payment of $5,530.00
Y2 tp Bergerson Caswell , Inc. for labor, equipment and materials to repair -
�3 deep well #3. •
24 Motion carried unanimously
25
26 E. Motion by Marks, second by, Makowske to authorize a payment of $256.88 to
�7 Short-Elliott-Hendrickson for construction services rendered to the
28 Foss Road pumping station.
�9 Motion carried unanimously
30
31 F. Motion by Marks, second by Ranallo to authorize a payment of $7,289.00 to
32 Zahl Equipment Company for a Veeder root tank monitor system with printer.
33
34 Motion carried unanimously
35
36• G. Motion by Ranallo, second by Makowske to approve a- payment of $13,340.00
37 to the League of Minnesota Cities Insurance Trust.
38
39 Motion carried unanimously
40
41 H. Motion by Marks, second by Ranallo to approve a payment of $3,281 .00 to
42 Employee Benefit Administration for insurance coverage.
43
44 Motion carried unanimously
45
46 1 . Motion by Ranallo, second by Marks to approve a payment of $2,400.00
47 to Hance F. LeVahn, Ltd. for Village prosecution services.
48
49 Motion carried unanimously •
50
September 12, 1989 Council Meeting
page 3
•
1 J. Motion by Marks, second by Sundland to approve payment of $1 ,105.34 to
2 Dorsey and Whitney for legal services rendered from July 1 through July
3 31 , 1989: and to approve payment of $2,246.62 for legal services rendered
4 regarding contract termination issues.
Motion carried unanimously
5
6
6 St. Anthony Sports Boosters Presentation
8 Two representatives of. the Sports Boosters, Dan Kramer and Terry Taylor, pre-
9 sented a check in the amount of -$4,000 to the Council . These funds were raised
10 by the St.. Anthony Lions Club, the St. Anthony Chamber of Commerce and the
11 St. Anthony Sports Boosters for the purposes of financing the cost of the new
12 Village float.
13
14 Councilmember Ranallo .commented on the success of the Village Fest and briefly
15 reviewed some of the organizational problems encountered in its planning. He
16 noted that the float is being provided on a two-year lease arrangement. Part.i-
17 cipation.. in a number of other community activities was not as frequent as had
18 been hoped as the float was not completed at the anticipated time.
19
20 Councilmember Ranallo advised the Council that some residents of the community .
21 are in the process of setting up a non-profit corporation to be known as Village
22 Fest, InQorpo.rated. The City Attorney has volunteered his services in drafting
�3 corporate by-laws and organizing this body. He stated that the Apache Plaza
24 Corporation has indicated they no longer will be sponsoring a queen pageant.
�5 Also, one of the goals of this Corporation will be to raise funds for a com
26 munity bandshell . The Village Fest Committee has scheduled a meeting in City
27 Hall for September 13th at 7:00 p.m. .
28
29 Mayor Sundland and members of the Council thanked the representatives of the
30 Sports Boosters for the very generous contribution.
31
32 6. REPORTS
33
34 A. Council
35 '
36 'Proclamation: "Community Education Day - November 14, 1989"
37 Sue VanderHeyden -advised the Council that the St. Anthony theme for Community
38 Education Day is focused on strengthening families. She explained that it
39 is important that all citizens of St. Anthony be aware of the importance of
40 the family unit and the positive impact that spending time together can have
41 on strengthening the family.
42
42 Motion by Karks, second by Ranallo to approve the proclamation whose purpose
44 was paraphrased by the.Ac.ting City Manager.
45
45 Motion carried unanimously
47
48 Councilmember Makowske thanked everyone for their prayers and good wishes
49 for a speedy recovery.
50
September 1.2, 1989 Council Meeting
page 4
1 Councilmember Ranallo -noted he had received calls from residents of 32nd
2 Avenue regarding the condition of the surface of their recently-improved
3 street. He brought these concerns to the attention of the Public Works
4 Director, Larry Hamer. Hamer recommended no further work be done to smooth
5 the surface of this street or recently-filled cracks will reappear. He ob-
6 served that this is a problem .being experienced all over the City.
7
8 Councilmember Ranallo suggested a City Task Force should be organized to
9 review the condition of streets and sidewalks in the City. The Task Force
10 could also consider methods of financing improvements and a timetable for
11 maintenance. This idea was endorsed -by members of the City Council .
12
13 Councilmember Marks requested a replacement be found for him to represent
14 the City Council at the Youth Service Bureau. He has not been able to
15 regularly attend the meetings. Councilmember Makows.ke stated she would be
16 interested in this in the future.
17
t8 B. Departments and Committees
19
20 1 . The Council received a report from Hance E LeVahn regarding various
21 matters conducted at the Hennepin County District Court up to and
22 including August 16, 1989. The report was filed.
23 �.
24 2. The Council received the August 1989 Liquor Operations Monthly Sales
�5 Summary report. The report was 'filed.
26
�7 3. The Council received the August 1989-Monthly Police Report. The report
28 was filed.
�9 Councilmember Ranallo observed that the report reflects that many hours
30 are being put in by the Police Reserves and with much enthusiasm. Council-
31 member Makowske related an incident near her home where police help was
32 summoned. She observed their response time was very quick.
33
34 4. The Council received the August 1989 Fire Department Monthly Report.
35- _The report was filed.
36 Councilmember Ranallo shared a Fire Department response story regarding
37 a newborn infant. He said a tremendous job was done by J. Olson. Council-
38 member Marks observed there are four and one half times more requests
39 for medical assistance than for fire related situations.
40 Mayor Sundland requested staff to write a letter under the signature of
41 the City Council to the Fire Department personnel commending them for
42 a job well done.
43
44 5. Budget Overage Report - The Acting City Manager reviewed each budget
45 overage by department.
46
47 C. Acting City Manager
48 •
49 .
50
September 12, 1989 Council Meeting
page 5
1 1 . Evergreen Project —David Newman, legal counsel for Nedegaard Construction,
2 advised, by letter, that Nedegaard Construction will be assuming the
3 Evergreen Project from Vernon Holum. Newman stated this will occur on
4 October 1st.
5
6 2. Parking Lot Construction - Kenzington - META and EPA have met with some
7 difficulty installing one of the monitoring wells. The Acting City
8 Manager stated that the construction of the Kenzington parking lot may
9 not be done until next spring because of this delay. Councilmember
10 Makowske felt the residents of Kenzington should be notified by letter of the
11 potential delay.
12
13 3. Ethics Bill - Sue VanderHeyden has received the revised copy of the
14 Ethics Bill authored by Senator Marty. It will be routed to the Council-
15 members.
l6
16 4. Budget Hearing Meeting - Monday, September 18th at 6:00 p.m.
18 Special Council Meeting - Tuesday, September 26th at 6:30 p.m. . This
19 will be .a closed meeting to discuss water contamination lawsuits with
20 representatives -of Briggs and Morgan.
. 21
22 5. Lester From Springsted Regarding TIF - A letter was received from Bob
• -�3 Thistle, Vice President of Springsted Public Finance Advisors, requesting
24 Council direction regarding Tax Increment Financing programs.
�5 Motion by Ranallo, second by Marks to authorize that Springsted Public
26 Finance Advisors continue their study of the City's Tax Increment Finance
�7 District.
28 Counci ]member -Marks observed that this matter should be considered by .
�9 the City's Housing and Redevelopment Authority rather than the City
30 Council . The motion was withdrawn.
31
32 7. PUBLIC HEARINGS
33
34 Consideration of Resolution #89-021 ; Community Development Block Grant Funds
35 Transfer
36 Mayor Sundland opened the Hearing at 8:25 p.m. and read the published public
37 notice of the Hearing.
38 The Acting City Manager advised the Council that the law firm of Dorsey
39 and Whitney and the League of Minnesota Cities will not expect payment
40 until next year's CDBG funds are available.
41 The Hearing was closed by Mayor Sundland at 8:28 p.m. .
42 Motion by Ranallo, second by Makowske to approve Resolution #89-021 .
43
44 Motion carried unanimously
45
46 8. UNFINISHED BUSINESS
47
48 Ordinance No. 1989-001 ; Second Reading of Ordinance No. 1989 - Licensing
• 49 of Haulers of 'Garbage, Recyclable, etc.
50 Attached to the ordinance was a comparison survey of fees charged by other
September 12, 1989 Council Meeting
page 6
•
1 communities in the seven county area for licenses. Councilmember Makowske
2 requested the fee of $100.00 be inserted in the fee space in the ordinance.
3 Motion by Marks, second by Ranallo to approve the second reading of Ordinance
4 x+1989-001 .
5 Motion carried unanimously
6
7
8 9. NEW BUSINESS
9
10 A. Resolution No. 89-024; Road Maintenance Agreement With Hennepin County
11 A copy of the Agreement was enclosed in the Council Meeting packet.
12 Motion by Marks, second by Sundland to approve Resolution No. 89=024.
13
14 Motion carried unanimously
15
16 B. Reconstruction of a Portion of Silver Lake Road
17 The Acting City Manager advised the Council that the Metropolitan
18 Council is recommending reconstruction of a portion of Silver Lake
19 Road from 1694 to Silver Lane. The Cities of New Brighton and St.
j 20 Anthony will be impacted by this project. Federal funds will be available
21 for the costs associated with the proposed project. This project would
22 cojpmence in 1990 with a completion date of 1991 . It was noted that
23 representatives of Ramsey County had met with New Brighton officials •
24 already. This project would require a public hearing. Councilmember
25 Marks questioned the need for complete reconstruction of this roadway.
26
27 C. Introduction of New Police Reserves
28 Police Chief Don Hickerson introduced two new police reservists to members
�9 of the City Council . They are Lynn Peleske and Scott Rollie. They each
30 gave some biographical information and advised of their future plans
31 educationally and professionally. They were welcomed -by the Council .
32
33 C. Request for Purchase of Park Benches
34 Shirley Nordahl of the Wilshire School PTA gave a status report regarding
35 the improvements recently completed at Wilshire Park. She expressed sincere
36 appreciation for all of the time and effort put forth on the project of
37 refurbishing the Park by the City crews.
38 Ms. Nordahl requested funds to purchase park benches for Wilshire Park.
39 It was noted there is a remaining balance of $2,000 in the budget for
40 parks; $1 ,000 of which has been requested to be retained for other
41 purposes by the Public Works Director.
42 Motion by Ranallo,. second by Marks to approve the purchase of three park
43 benches for placement at Wilshire Park not to .exceed $1 ,000.
44
45 Motion carried inanimously
46
47 Mayor Sundland observed park needs should be viewed on a larger basis
48 rather than on a request-response basis. Councilmember Makowske felt a
49 comprehensive plan for park use should be considered and suggested a
50 Park Use Committee be established, thereby creating an avenue for citizen
September 12, 1989 Council Meeting
page 7
1 input. She requested staff to follow up on this matter and also requested
2 the Bulletin advertise for people interested in serving on this committee.
3 Ms. Nordahl indicated her Interest in serving.
4
5 D. Cable Televising Council Meetings and Planning Commission Meetings.
6 Councilmember Marks reported that preparation for televising City
7 Council meetings and Planning Commission meetings is complete. All
8 that is still needed is to hire someone to operate the camera. Some
9 concern was expressed by Counc I I member ,Makowske regarding the Council
10 meeting room and its lighting. Councilmember Marks questioned the impor-
11 tance of-'bringing this opportunity to view the meetings "live" versus
12 the quality of the picture.
13 Sue VanderHeyden noted it would cost approximately $1 ,000 per year to
1.4 televise these meetings.
15 Councilmember Ranallo recommended this issue be considered during budget
16 deliberations for next year and pursue the costs at that time. No Council
17 action was taken.
18
19 In response to an informational question, the. Acting City Manager advised
20 that 4,200 copies of the Newsletter are mailed out but this figure includes
21 300 business establishments. She thinks there are approximately 2,800
22 households in the City.
23
24 10. ADJOURNMENT
25
25 Motion by Rana] lo, second by Marks to adjourn the meeting at 9: 15 P.m. .
27
28 Motion carried unanimously
29
30
31
32 Respectfully submitted,
33
34
35
36 Jo-Anne Student, Council Secretary
37
38
39
40
41
42
43
44 .
45
46
47
• 48
49
50
. din thou
HE e
DATE : APPROVAL : r
September 21, 1.989
TO : Mayor and Councilmembers
FROM = Judy Monson, Receptionist
=TEM = LICENSE/PERMITS FOR COUNCIL APPROVAL:
Contractor:
Conquest Construction Co. , New Brighton, MN.
M. Fitzgerald Construction Inc. , Ham Lake, MN.
Zion Building Company, Independence; MO.
Heating License:
Suburban Air Conditioning Co. , Blaine, MN.
Motor Vehicle Starting License:
Dick' s St. Anthony 66
C I T Y r F S T ANITHO '4Y
P/E °/ 12/39 4 C C -T S 4 Y A 3 L F
V E!*,j 0E C.H E r:K c H F.C.K C HECK
• ?its. TYPE 1:A T CUNT
00045 CRC- I i E S I,T A R V./ 12/84 13303 3 1:3.4 19
00120 AAER ICA L I N E N
R 9/ 12/69 1 ,3364 43. +1
00135 AMERICAN RISK SERVICES IN -4 9/ 12/84 I?39 5 377.U0
00231 AT F, T COAPIIJ:,41CATION k 911218•,' 19396 12 .18
003 10 BATTERY & TIDE WHiE R 4/ 12/89 183;7 42. 11
00400 BRO-TEX INC R 9/ 12/89 13.399 91.170
73.50
00-555 3 U S 1 W E: S S R E C r R D S ---rR P R 9 112/pIq 13:35'0
00650 CITY GF ST PAUL k 18400 165.2^
OG6 35 CUAST Tf-. CCAST R o/ 12/81Y 113401 2160. 77
00715 LEEF ? k-IS P 14/12 /89 B 40 2 3 .e,(-.
00770 CUSTOV FUSINESS F,0Q-,A;S ? -3/12/R9 1 :340.3 2 5 5.+i 3
0 Go 3 0 7 1)1 VOGEE L PA I 14T S R 9/ 12,18q 18404 215. 25
,k)i 1?21,0 FEED 'MITE CONTROL ; Q '41121119 10405 479.27
01030 G F. K S E P.V I C E S p G/12/R9 1 340fj 140.51
,)1 ot)0 .-.iAP ELI CK STEEL Cr R 4/ 12189 18407 420.00
01080 FRATTALLONES HARDWARE R 9/12/89 18408 14. 60
01140 GFNtJItJE PARTS CO R ll/121 Q ; 13409 It..q A
115 5 GL 10 D E!J P4 1 NT -J/ 12/8 0 18410 124. 66
01180 ,0CDIN (,0MPA- NY R 9/ 12/89 13411 1 .30
01241 Sjfi ACE, L)UA NE 18412 1 $ 116.00
1390 EUWAR•l) J HANCE R 9/ 121819 13413 2 ,454.00
i1500 HENNEPIN CTY FINANCE .IV R 9/ 12/89 14414 19810.0•)
• 0 L513 5 HFNA CO SHERIFF R q/ 12/ R<4 19415 735.31?
01545 HOFIVELP WHEEL ALIGINIAENT p 13/ 12/89 18416 24.95
01`6.) J C AUTO? SUPPLY p :?/ 1213; 19417 3.75
C 1 3 20 KfiCK .-lATEf*:lIA- L Cil R -4/12/89 18413 501 .60
0 2 u-40 LILL I '--- SUBURBAN NFWSPA'DEP P --112/39 18410 2Q2. 57
020o0 ;,16 INDUSTP IAL SUPPLY ff-J) R 12/8`► 18420 29.'6
02154 AA P Qo:,I F T T E 3 t,N-K R 'I/12/,39 18421 326.41
;)2 !,1,4RSHALL CONCRETE ?P(10 R ;/ 12/119 13422 :-3. 35
-)2171 AlA'TT.ICK BUSINESS FOPV;S I IN R 911218; 18423 71. 97
02200 MEDICAL CAYGEN FQ0TPj",E':lT Ir. W12189 13424 17 .33
02240 METPO WASTE (7AGNTROL p 9/ 12/RS 13425 19,627.86
02230 VID-EST ASPHALT CORP R q/ 12189 13426 7!10. 6?
02.335 CELLULAR TELEPHCNE R '4112/89 11427 6 .q1
-41NNFS6TA GFO!A W12199
)2-s55 I�!4 2;; 120 .00
023'30 1 E G A S C G INC 7/ 12/89 1.1)4 2-:4 5-03. 48
-
0 2,�J 0 R T H M E M f AL M E 1.)1 C.4 L CT R 9/1 2 /89 13 4 310 1 a .()0
021630 NOkTH STAR TUFF INC V =x/12/89 1 R4 3 1 14 .56
2 Nlf?FTHEIPN' STATES, i)CWFR p 9/ 12/89 18432 7, 420. 00
02725 N G T T C.'JA P A N Y k 9/12 /3`0 IP411 50.C,0
;)2940' ?.rG r ES S ION 4L PKOC E S ; IN C 9/ 12/ 8'+ 13434 624.21
0 3 1)--)J P I E K EE-CA, LtR C-1 L-Mi I L L Ek a 9/ 12/89 13435 '4 4 3. 18
J 3 10 J R-3SE04LE CHEVk.(lFT R .91121319 13436 113.30
03220 SCHAPBER #- SONS R 9/ 12/89 18447 4b. 12'
J3275 A- HUTTAI S H,)WF 114C R ?/ 12/38 1;3438 43.�•0
03315 439
5ERco LABORATOR, IF R 9112189 1E439 195.00
03410 S?R 111 G I K PK L W-1 r F R C01 Q 9/ 12/89 1844:1 35. 5 0
• 03490 STREICHEP GUNS INC . Pf-,N R 91121169 18441 142.50
0,352) TEXAS ALLIED CHEMICAL R 9/12/89 18442 26.95
C I T (
F S T A -*,J T H 0 N Y
? /E 9/12/(3 C U N T S P 4 Y A L F p A S F
'I E N D,,) NailE C H E C.K CHECK CHE
T Y P E iu'A To E 'd('.
03560 TP AC Y PR N T I G P% 9/ 12/RS I P44 3 b5 .+00
0 3 v 71j' .J N' I FU:CIS Ul%!L 1P1 I T E D f- 4/ 12.169 1 8444 "715.60
03710 VAN n LITE INC. :P 9/12/39 19445 103.61
03720 w 'w GENc.:RAT!-)R kFBlJIL )FRS k )/ 12/ 89 1.3446 110 .23
05038 411"IMAL CONTROL -�G .:z 9/ 12/89 13447 440. 00
051 J3 HOLIDAY SIG*PS R 9/ 12/89 18448 16: 70
05116 CABLE TJ WORTH CENTkAL 'k 9/12/89 13 4 4 CJ -1-95
PIGEDATION
OAVES PF . %i - s/ 1?/39 18450 .309.76
05237 R I � E C-')1 114'E -NU k S E rl, 9112/39 16451 70. 97
06579 JIM COOPER—CANADA G.005F R 9/12 /89 13452 334 -00
6.5 9 4 'FOP
-GE CAPL3GN - R Q/ 12/89 18453 15. 00
05595 k;I)LI-LIND GUSTAFSc.,,,Ij R co112181; 18454 15. 00
06596 ?"A' UL HESSELROTH R 9/12/89 18455 15 .00
06597 P H 0 T 0 'S P.A:)H I C R (;112 /89 1 845 21 .94
06593 JACOUELINE SHICK p 9/ 12/8'9 18457 50. 00
06599 A G C 'AFTALS P ►/ 12/89 lq453 221 .00
066U0 MININESriUll. RLUFPi� INT P. 9/12 /89 18,459 3.=0
06601 JP CCOKE Cr- R 9/ 12/ 84; 19460 20. 51;
06602 Lll*,-Klr\,(; MACHINE INC R 9/12189 1'34b 1 65.00
06:,'03 HIGH�:MITH cn R 9/12 /89 184t2 9. 1-11)
(it,5 tA FITNESS ST ---)PE R W 1218.13 13463 25. 75
J6605 3FTTY SHOULTZ ?/ 12/R9 L 6 46 4 15.00
06606 CAPRFRTRACK R 9/12/8.9 13465 24190
jb6,07 RAUDISSON' APPOWWPOD 911216; 1�3 4 6 23 2
07;)21 ASSJPANCE GLASS Cf, R c;/ 12189 18467 35 .00
07J25 -tO-RINSON LANDSCAPING INC k 9/ 12/39 1846n 5.85
TYPE TOTAL 44 .392 . -47
TOTAL 44,, 392 .07
•
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C I T Y i F S T A 'J T H r' N' Y L 1 0 U n R
P/E 3/31/89 A C C 0 'U N T S P A Y A ? L E PAt,E 1
• VEN00P NA,'E CHECK CHECK CHECK
NO. TYPE DATE AMO-'
04242 LINDY ' S CLEANING SERV M 'x/0.3/89 14465 600.00
06596 PE INE KASSULKER. 4 3/G3/8S 1446_•6 80.00
04237 LECLAIRE DIANE M 3/03/85 14467 125.00
04325 RAYMOND NELSON M y/03/8S 14468 160.00
04410 ST ANTHONY NATL BANK A 8/03/85 14469 15 ,000.0:1
04410 ST ANTHONY NATL 94NK N 8/03/89 14470 50000.00
06533 CRAIG 'vi ALTERS M 8/03/89 14471 120.00
U40J9 AETNA LIFE F CASUALTY M 8/0.3/89 14472 579.28
06411 AMERICAN NAT SANK M 8/03/89 14473 190.25
04015 AAEk IC.AN RISK SERVICES M 8/03/39 14+74 273.-),0
04025 APACHE PLAZA M 3/03/89 14475 6.979.36
04080 CITY COUNTY CRFOIT UNICN M 3/03/89 14476 110 .00
04093 CCIIAERCIAL LIFE INS CC M 3/03 /89 14477 19 .40
041Ut1 COMMISSIONER OF REVENUE M 3/03/89 14478 766.79
04109 DENTICARE M 8/03/89 14479 13.00
04175 GRIGGS COOPER & CC INC M 3/03/8'4 1t480 10,819 .74
0«185 GROUP HEALTH PLAN INC :l 8/03/39 144UI 93. 35
04202 HENIN CTY SUPPORT & CELL S ,.'r 3/03/89 14432 77. 00
04208 iCMA .4 8/03 /81; 14483 20.00
04220 J HNSC!d WINE CO M 3/03/89 14484 968. 53
04234 LICIT - EBP INC M x/03/ 39 14485 S1. ?C
04236 LEHIGH ;MUN F. CCM.%! LEASE F M 8/03/H9 14486 92.44
• 04269 �'EO CENTER N 8/G3/P9 14487 291 .25
04295 MINN BENEFIT .ASSN M :3/03/8'? 14483 5. 00
04311 MINTER-i%FISk'AN ;v, 8/03,/89 14489 19562.51 ,
043i3 NAT FINANCIAL INS C!", I.9 9/x;3189 14490 14.40
04360 EDS0l3 M 3103/89 14491 3 .626. 87
04365 PHYSICIANS HEALTH PLAN M 8/03/89 14492 1 , 373.00
04376 PRIOR WINE CI7 M 9/03/89 14493 387.91
04330 PUBLIC EMPLOYEE RET19E.MNT tA 3/03/89 14494 19560. 18
04385 �,UALI TY �%.INE CO N 3/03/8-9 1441?5 304.30
04410 ST 14'gTHrDNY NATL :SANK M 1/03/81; 14496 1 ,754.44
04410 ST ANTHONY NATL BA;"iK N 3/03/89 14497 1 .668.56
0441:1 ST ANTHONY NATL BANK M 8/73/89 14498 129. 10
06641 SHORTST0P .If% THE PARKS 8/03/84 14499 100.00
06758 STUDENT RESOURCE UIRI:CTOP M 8/03/89 14500 295. 00
04491 li'd I TFJ '.SAY M R/0{/8q 14501 57.50
06598 RE T NE KA SSULKEk M 6/10/89 14502 90 .00
04261 MANNINGS III M 3/ 10/89 14503 728.94
04410 ST ANTHC NY NATL 3ANK M 9/ 10/99 14504 1 5. J00.0C
04410 ST ANTHONY NATL BANK N 8/ 10/89 14505 51000.00
06533 CRAIG 4ALTERS M 8/ 10/89 1+506 120.00
04106 ERNIE ' S 1RANSFER M 3/ 10/R9 14507 753.00
04103 DANS REGISTER SERVICE M 8/101/89 14503 30.00
06633 CAY DIST CO tit 3/ 10/89 14505 624.00
04118 EMS MUSIC INC, M 8/ 10/89 14510 1Z7. 50
04115 G? IGGS COOPER S CO INC M 8/10/39 14511 149074.69
34220 JOHNSON NINE CO M 8/10/99 14512 622.94
06529 JOHN MALENICK M 8/ 10/89 14513• 256. 12
04311 MINTER-WEI SMAN w 8/10189 14514 4.282.86
/ 1
C I T Y P F S T A N T t1 0 N' Y L 1 {; U 0 R
P/E +8/31/ 89 A C C O U N T S P A Y A 3 L E PAGE 2
• VENDOR NA'AE CHECK CHECK CHECK
IN0. TYPE DATENO. AmnUNT
04335 N['F. THEKN STATES P(.WfR a 3/10/89 14515 4,435.49
04300 EPSCO M 8/ 10/89 14516 29895.35
04316 PRIOR WINE CO '.1 8/10/89 14517 2, 031. 81
04335 <OUALITY :.INE C0 M 8/10/89 14518 1 .047.11
04401 ST ANTHONY LI9 #L M 3/10/89 14519 134.02
04404 S/A LIOUCR 42-PETTY CASH M 8/ 10/89 14520 67. 91
0441:4 S/A LIQUOR # 2-PETTY CASH M 8110189 14521 65.44
04100 COMMISSIONER OF REVENUE 9/17/P9 14522 764 .87
04103 OANS REGISTER SERVICE M 8/ 17/89 14523 3 .475. 40
06593 REINE KASSULKER N 3/17./89 14524 80.00
04242 LINOYIS CLFANING SFRV M P/17/89 14.525 600.00
04311 MINTER-WEISNAN M 8/ 17/39 14526 1, 144.02
04380 PUBLIC EMPLOYEE RETIREMNT M 8/ 17/89 14527 1 .615 .72
04401 ST ANTHONY L I Q 41 u, 8/17/8#4- 14528 25.00
04410 ST ANTHONY NATL BANX 11 R/17/85 .14529 15 .000.00
0441 ) ST ANTHONY NATL BANK M 8/ 17/89 14530 5, 000.00
04410 ST ANTHONY NATL HANK M 8/17/85 14531 1 ,760.02
04410 ST ANTHONY NATL TANK M 8/ 17/89 14532 19754. 16
0441J ST ANTHONY NATL 84NK m 3/17/89 14533 117.66
06583 CRAIG WALTER S M 8,117/89 14534 120.00
041UJ COMM, ISSIOM'dER :3F REVENUE M 3/ 11/89 145.35 149290. 0-9
04100 CC.IMMISSICNER OF RE VFNIIE M 8/17/89 14536 269674.74
• 06657 RAY STENGLEI N TV M 8/ 18189 14537 95.00
J6599 fzEINE KASSL'LKER M 3/24/89 14538 80. 00
04261 'TANNINGS III M 8124.185 14539 538.68
04410 ST ANTHONY NATL SANK M. 8/24/39 14540 15,000.00 ..
04410 ST ANTHONY NATL BANK M 9/24/85 14541 5 ,000. 00
06583 CRAIG wALTERS M '3/24/89 14542 120.00
04175 GR.IGGS COOPER E Cn INC M 8/24189 14543 13 . 168.25
0422) JCHNS[ N WINE CO M P/24/89 14544 1 ,405.09
04311 ?I,INTER-nEISPIAN M 3/74/89 14545 1 ,0,9. 62
043.50 EPSC`l M 8/24/89 14546 4 ,571 .83
04.376 PRIOR WINE CO M 3/24/39 145+ 7 174.39
04385 QUALITY Wlt`:E CO 3/24/49 14.548 1, 591. 5P
04468 TANGUERAY INVESTNEN'TS M ' 8/24/89 14549 87.40
04492 (IS WEST CG'A'AUNICATIOth;S 14 4/24/85 14550 53.6+0
04234 LN.CIT - EBP INC to 8/:31/89 14551 20. 00
06.656 DANA DEANS N 3/31 /89 14552 160.00
0.65`,3 REINE KASSULKFR M 8/31/85 1455:3 40.00
042 :2 LINDY' S CLEANING SERV M 8/31 /89 14554 600.00
04410 ST ANTHONY NATL BANK N 8/31/89 14555 15,000.00
04410 ST ANTHONY. NATL SANK M 8/31 /85 14573 59000.00
04009 AETNA LIFE S CASUALTY M 8/31/89. 14574 579. 28
04035 BELL30Y CORP 8/31 /69 14575 841 .50
04080 CITY COUNTY CREDIT UNION r3 3/31/89 14576 110.00
04093 COMMERCIAL LIFE It:S CO M 19/.31 /89 14577 19.80
04100 COMMISSIONER OF REVENUE M 8/ 31/89 14578 758.45
04175 GRIGGS COOPER C CO INC' M 8/31 /89 14579 13 ,817. 19
• 04135 GROUP HEALTH PLAN INC t3 9/ 31/89 1458n 93.35
04202 HENN CTY SUPPORT & COLL S M 8/31/89 14581 77.00
l�
C, I T Y O F S T A N T H O N Y L I 0 i! 0 R
?/E 8/31/89 A C C O U N T S P A Y A P L E PAGE 3
V ENDOR N %.,IF ,CHECK CHECK CHECK
Ni. TYPE DATE: G. AMOUNT
042J3 ICMA M A/3i /89 14582 20.00
04220 JOHNSON WINE CO M 8/.31 /89 14583 1 ,091 .07
04235 LECLAIRE DIANE M 23/31 /89 .14584 125.00
04269 DIED CENTER. M 3/31/89 14585 291.25
04311 MINTER-WEISMAN M 9/31 /89 14586 1 .675.95
04325 RAYMOND NELSON M 8/31/89 14 58 7 160.00
06653 JAY PETERSON N 8/31/89 14588 7.30
04.360 EP SCO N 9/-31 /8q 14589 1 ,240.32
04365 PHYSICIANS HEALTH PLAN M 3/31/89 14590 1 ,373.00
066.59 SEAN PREESE a. 3/31/89 14551 20. 33
04316 P410k �41NE CO M 8/31189 14592 1 ,278.39
G4380 PUBLIC EMPLOYEE RETIPE+ANT M 8/31189 14593 1 ,606.97
04385 QUALITY MINE CO M 8/ 31/89 14594 19467.A6
044010 ST ANTHONY LIQUOR 41 M 8/31 /34 14595 25.00
04401 ST ANTHONY L IO #1 M 8/:31/89 14596 193.05
04410 ST ANTH6,NY NATL BANK M 8/31/89 14597 19709.22
04410 ST -ANTHC:NY NATL SANK m 8/31 /89 14598 1 ,749.20
04410 ST ANTHONY NAIL BANK M 8/31/85 14599 104.58
04491 UNITED WAY M 3/31/89 14600 45. 50
0665+ ?REMIER RESTAURANT EQUIP M 8/31 /89 14601 17,000.00
TYPE TOTAL 291 . 192.00
•
TOTAL 291 ,192.00
C I T Y O F S T A N T H O N Y L I 0 0 0 R
P/E 9/15/89 A C C O U N T S P A Y A B L E PAGE 1
• VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
04004 AT E T R 9/15/89 12638 1 .99
04005 ACRD-M IMNEsnTA INC R 9/ 15/89 12639 201.42
04015 AMERICAN LINEN SUPPLY CO R 9/15/89 12640 591.17
04085 CITY OF ST ANTHONY R 9/15/89 12641 439125.00
04095 COCA cnLA BOTTLING P. 9/15/89 12642 2 .749.44
04104 CGMPUTER CHEAUE OF MN R 9/15/89 12643 131.00
04125 EAST SIDE BEVERAGE CO R 9/15/89 12644 30.596.51
04129 ECOLAB R 9/15/89 12645 , 150.00
04135 ELECTRO WATCHMAN INC R 9/15/89 12646 135. 00
04145 GANZER DISTRIBUTORS INC R 9/15/89 12647 9 .142 .55
04156 GENERAL PARTS E SUPPLY CO R 9/15/99 12648 368.59
04205 HOME JUICE CO R 9/15/89 12649 123.66
04218 JOHNSON PAPER C SUPPLY CO R 9/15/89 12650 1,187.77
04220 JOHNSON WINE CO R 9/15/89 12651 29201 .94
04230 KUETHER DISTRIBUTING Cn R 9/15/89 12652 429176.36
04241 LILLIE SUBURBAN NEWSPAPER R 9/15/89 12653 525.71
04265 MARK VII SALES INC R 9/15/89 12654 179295.22
04290 MI NNEGASO R 9/15/89 12655 25.64
04293 MINN BAR SUPPLY R 9/ 15/89 12656 989.06
04338 NORTH STAR ICE R 9/15/89 12657 19480.02
04345 OLD DUTCH FnODS .INC R 9/15/89 12658 57.75
043.55 PEPSI COLA/7 UP BOTTLING R 9/ 15/89 12659 119116.55
• 04.360 EPSCO R 9/15/89 12660 718 .41
04378 PROFESSIONAL PROCESSING R 9/15/89 12.661 656.71
04385 (QUALITY WINE CO R 9/ 15189 12662 19464. 15
04390 - REX DISTRIBUTING CO R 9/15/89 12663 179281 .89
04396 ROYAL CROWN BEV P. 9/15/89 12664 153.45
04420 SIGNAL SYSTEMS INC R 9/ 15/89 12665 126.00
04450 STUART DISTRIBUTING CO R 9/15/89 12666 42.7.80
04465 SURGE WATER CONDITIONING R 9/ 15/89 12667 85.55
04470 TOMBSTONE PIZZA R 9/15/89 12668 . 55.69
04480 TWIN CITY FILTER SERVICE R 9/15/89 12669 78 .20
04494 WASTE MANAGEMENT ' - BLAINE R 9/15/89 12670 221.50
04500 ZEP IFG CO R 9/15/89 12671 79. 55
06190 SP LAKE PK LUMBER R 9/15 /89 12672 516.97
06408 MINN TILE SUPPLY R 9/1.5/89 12673 17.76
06424 RENT ALL MINN R 9/15/89 12674 98.40
06425 ST ANTHONY PAINTS R 9/ 15/89 12675 199.92
06488 DIAMOND VOGEL PAINTS R 9/15/89 12676 194.60
06545 TWIN CITIES READER R 9/15/89 12-677 332.00
06554 FRATTALLONE' S HOWE R 9/15/89 12678 32.64
06582 ZURAH SHRINE CIRCUS R 9/15/89 12679 160.00
` 06617 PROMOTIONAL PAGES INC R 9/15/89 12680 550.00
06648 COAST TO COAST R 4/15/89 12681 163.16
06661 NELSON 'S MECHANICAL SERV R 9/15/8-9 12682 275.47
06662 OLSEN FIRE PROTECTION INC R 9/15/89 12683 640.00
06663 J D ROGERS GROUP INC R 9/15/89 12684 1. 167.60
• TYPE TOTAL 180,069.77
TOTAL 180.069.77
i
//�
\�r►"w� Sta ell Health
ement Systems • INVO ICU DAr1. 09/07/89 •
INVOI(T Nc) 000622
llnn John ftuhu,:k
P O 13,,x214".7
Fat an, Minneso{a 55121 ( 15'FOMIih NO. 1456E
INVOICE
ti()LI) til-III'
10: .Village of St. Anthony
ATTN: Sue Vanderheyden
3301 Silver Lake Dr. NE
St. Anthony, MN 55418
PAP
1
( � s t+i, ,�iFW4 cry . 1
of 1 i. s a. Sc { P 1 }
a ° :,/tx vT, ..f4 �3i'a+ te: VlaSle7J' b _A.. G�I.da..lP+. -t. )lY } +
!} !�i Net 30 HD 000099
+�},�1��.f,Ih.� 4�•.ii'�"+f{4ei s +!$i
'd Y ,,
° t � 1 � � + •' k ! a is i� 1,�. j
ESA20 EAR Services Annually EACH 47 0 47 20.00 940.00
06/01/89 - 05/31/90
��l//7/,' 940.00
I X:
WA/TE METROPOUTAn
... METROPOLITAN WASTE ..
(01"IML ..CONTROL COMMISSION: ''........ .... .. .. ... ....
(Ommifflofl ......
Twin Cibm Rrea 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE (612) 222-8423
CITY OF ST ANTHONY
ACCOUNTS PAYABLE
3301 SILVER LAKE ROAD
ST ANTHONY MN 55418
INVOICE
9/01/89 0022475-000 OCTOBER 0007212
. ...........
...........
..........
INVOICE DATE:: USTOMER ACCOUNT NUMBER SERVICE MONTH :iNVOICE NO.'. AMOUNT
401 SEWER SERVICE CHARGES 19,627.86
TOTAL 19,627.86
..........
............. .................
..............
!4.e,�.,on_.46:.� ir month : Installments not.ri h..
D t J� t d "':of 0 s" e.cekved:,.by.th6.:�:10.tt.i.'day-bf':'
.renewed. : I .-
py !eFYI".m9n...
month:in.: hich:due. shall.-be:regarded and b
....... as deli!!q4qnt�:�.. . ... ear.Intered, frbM:.thd irst::Aa*:.......
Of'. 111 month.at the gate As per. lawschapter:::,:
:.r. per n
.... ....... .......
.... ........... .... ...
'1
APPLICATION FOR PAYMENT NO. F fteen Y
• To City of St. Anthony (OWNER)
Contract for Temporary Granular Activated Carbon System
OWNER's Project No. --- ENGINEER's Project No.
For Work accomplished through the date of
CONTRACTOR's Schedule of Values Work Completed
ITEM
Unit Price Quantity Amount Quantity Amount
1. Furnish & Install $ $ $
Treatment System 124,600.00 Lump Sum 124,600.00 100% 124,600.00
2. Service Fee 108.00 500 Day 54,000.00 404 43,632.00
3. VOC Removal 850.00 80 Pounds 68,000.00 58.92 lbs 50,082.00
4. Extra GAC 25.3 1600 cu/fl 40,480.00 0 ---
5. Remove Equipment 38,650.00 Lump Sum 38,650.00 0 ---
Total(Orig.Contract) 325,730.00$ $218,314-00
C.O. No. 1
C.O. No.2
• Accompanying Documentation: GROSS AMOUNT DUE $218,314.00
LESS %RETAINAGE g None
Invoice No. 960807301 AMOUNT DUE TO DATE ... ............... $218,314.00
LESS PREVIOUS PAYMENTS ................ $168,232.00
AMOUNT DUE THIS APPLICATION .......... $ 50,082.00
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that(1) all previous progress payments received from OWNER on account of
Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR
incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive;and
(2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for
Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances
(except such as covered by Bond acceptable to OWNER).
Dated , 19 CONTRACTOR
By
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated September 13 19 89 R*e4ro,1lnl]4f Associates, Inc.
•: ' E 1 EER
By
EJCDC No. 1910-8-E(1983 Edition)
Prepared by the Engineers'Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
Rested sns
•
CALGON CALGON CARBON CORPORATION ORIGINAL INVOICE
P.O. BOX 71 'ITTS IRG $A 152 10-0717 PLEASE REFERENCE OUR ORIGINAL it
PLEASE REMIT TO: VOICE NUMBER ON YOUR REMITTANCE
INVOICE NO A I
C-SE ORDER NO. INVOICFJSHIP DATE
PRINT DATE PROJECT
1-1-N-BER
EIGHT 7ERIAS
SHIPPED FROM
SHIPPED
INVOICE TO 47 SHIPPED TO
-767,)o 44
-U,
A.
0 r T
T
C A A
Z. 1T"
M IL IN'E 7 _0 N CA pt J. -'i,)
14
L7
L
QUANTITY UNIT PRODUCT CODE
I E A 9 0 DESCRIPTION UNIT PRICE AMOUNT
:D—, -Ch E h- T
0 4
LE;S j�OC 0 V ri
r r. c-
j3 if 7
0
8
A L T
Vt. w
Ricks Ca lit 7
Box 3()
DATE DUE
•
•
V Mhn ieappooiiss STATEMENT
TRUST SERVICES
Sixth and Marquette September 13, 1989
Minneapolis, Minnesota 55480 DATE
Telephone (612) 341-7" 8467
ACCT. # 85-838268
• Ms. Connie Kroeplin
City of St. Anthony
• 3301 Silver Lake Road
St. Anthony, MN 55418
• Amount Remitted$
Detach and Return This Stub With Remittance. Your Check is Your Receipt.
CHARGES AND CREDITS BALANCE
St. Anthony G.O. Sewer Revenue Bonds
of 1988
Payment due Bondholders 10-1-89
Principal $25,000.00
Interest $ 6,681.25
Total due Marquette 9-28-89 $31,681.25
Form No.8-1262(12185)
Payable Upon Receipt
L �
i
D HI-RANGER MIDWEST
Box307 III -RANGER LANE * * * I N V 01 I C E
Kieler, WI 53812 (608) 568-3434
SOLD TO : 'C,�-'�`y elQ�.�.� DATE q
INVOICE #
G-e_;1 / /y!� 5Sf11,' REMIT TO : HI-RANGER MIDWEST '
P .O. BOX 307
SHIP TO : KIELER , WI . 53812
CUSTOMER ORDER # �S TERMS : NET 30 DAYS
ITEM # DESCRIPTION U/M QUANTITY PRICE AMOUNT
�6
TERMS -. 30 DAYS FROM DATE OF INVOICE , 'S'ERV'IC'E' CHARGE ' OF'= i' %' 4).ER- MONTH OR ANNUAL
WILL BE. MADE ON ANY INVOICE NOT PA-ID-''WITHIN 30' DAYS` AFTER DUE DATE .
STAFF MEETING NOTES
• SEPTEMBER 19, 1989
The meeting began at 10:10 a.m. Those present were Don Hickerson,
Connie Kroeplin, Sue VanderHeyden, Larry Hamer, and Lee Entner.
Ray Nelson was on vacation.
Don Hickerson
1. The new designs for the squads have been ordered. They will
be done soon and will be paid by a donation from the American
Legion.
2. Hennepin County has adopted a "pursuit policy" for all its
agencies. The policy is under consideration' in Ramsey and
other counties. The new regulations are being added to the
St. Anthony Police Department Manual.
Larry Hamer
1. Mr. Hamer has been checking on a permanent easement along
Coolidge (Town & Country Food Store) which had been approved
by resolution in 1957. Copies of these minutes were forwarded
• to the attorney for Kraus-Anderson and Bill Soth. It appears
that the easement was never recorded. In addition, the
minutes/resolution do not specify the size of the easement.
Should this omission be fact, the size of the easement will
be set at 60 feet.
2. Construction at Apache Wells has progressed to the bar area.
By the middle of next week the bar will be closed for
completion of the construction.
3 . The drill machine has been repainted. The new aerial unit is
being readied for tree trimming.
4 . Inspections at the Autumn Woods Apartments are indicating
construction is proceeding with no building code problems.
Sue VanderHeyden
1. Ms. VanderHeyden informed Mr. Hamer that a meeting with Ramsey
County concerning road repair on Silver Lake Road to Highway
694 has been scheduled for September 28th.
2. The budget meeting, which took place the former evening, and
the candidates for City Manager were discussed.
The meeting adjourned at 10:45 A.M.
:cjk
►o^" a �,. :'moo <� mr +.
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V � 4.4%�r
St. Anthony - New Brighton School District 282
This certifies that the .� P -
s
City of St. Anthony
\ ALL,. � �M1J'j•t��.4
has been awarded this certificate t h`
4
in appreciation for
w their generous donation of labor
-
�.�,,�� to the
Wilshire Park Playground Project
�}3Q 'I--°'iF' .:701.5•-��� Z���..\
September 19, 1989 ° ...... f'
y a+ �a i
tt
44 L a yt
School Board Chair uperinten nt
�"..... w...R� r S P.... •'4y.- l S f- w F r `'' SlS�t"'_ �'Xa� r I t r _'4 �•t4�,
i i�[` v a P� _.� ! ' ` --. � � �� �,J� m �,��e lewl4r _,"� 1✓l�a+�f '`., � -;?r;.
tv���� !h }�+ E� ��vv�� •✓_�4 . fir. y+r� x .�qi�' �{ ,��41, r 9v. `y4'.�' �✓ E �- +�s='z•� !! 1 ' �1.i-r:
Hq �� �I Y 4'' ,iM�F° C�111� § .u�` � F ,�D C a y�1�e• L
M�
a^y�yr>\�yt• ••w��� .. Lw i .. a ��'i ,� +[ ..kiu$ �]r#��e� � '- � •'s= 1" i ..� ��, '!'r��r t?/
LR..O-IN u 5 u
_ -ES E)1
• VILLAGE OF ST. ANTHONY MUNICIPAL LIQUOR STORES
1988 UNCOLLECTABLE CHECKS
Store One Off Sale
Date Maker Amount Reason
January 6 Robert Sweet 54.75 Payment Stopped
8 Daniel Roden 51.28 Account Closed
14 Daryl Peterson 29.09 Account Closed
20 Leo Malin 45.54 N.S.F.
February 1 Albert Hoffineyer 23.12 Account Closed
March 11 Robert Sweet 25.15 Account Closed
2 Eric Ritter 41.80 No Account
April 5 Cindy Gockowski 10.51 Refer to Maker
.20 Gary Chandler 63.59 N.S.F.
May 24 Michele Ondrey 17.19 N.S.F.
July 11 Richard Breezee 14.30 N.S.F.
14 Darren Oven 31.39 Account Closed
14 Darren Oven 24.81 Account Closed
15 Robert Carr 16.36 Account Closed
August . 5 Sandra Barnett 14.84. N.S.F.
9 Hans Poscher 20.82 N.S.F:
12 Bradley Olson 7.59 Account Closed
19 Bradley Olson 12.89 Account Closed
October 4 Brian Hayes 6.47 N.S.F.
• November 2 Linda Fisher 11.30 N.S.F.
3 " Linda Fisher 5.63 N.S.F.
9 Linda Fisher 10.59 N.S.F.
16 Tan West 25.75 N.S.F.
21 John Hall 14.03 N.S.F.
December 1. Laura Westphal 20.50 Account Closed
5 John Jordan 14.60 N.S.F.
21 Michael Mokita 57.78 Forgery
$ 671.67
Store One On Sale
March 24 Eric Saastad 20.00 N.S.F.
April 12 Mark Szczech 50.00 N.S.F.
June 10 Larry Self 25.00 N.S.F.
July 15 Clarence Garner 20.00 Account. Closed
15 Clarence Garner 20.00 Account Closed
22 Robert Carr 20.00 Account Closed
28 Charles Klein 25.00 N.S.F.
August 5 Sandra Barnett 10.00 N.S.F.
23 Home Guard Aluminum 25.00 N.S.F.
September 13 David Wentland 15.00 N.S.F.
.13 David Wentland 20.00 N.S.F.
14 . Jeffrey Gagnon 30.00 N.S.F.
15 David Wentland 20.00 . N.S.F.
21 William Hartman 25.00 N.S.F.
28 David Wentland 20.00 Account Closed
28 David Wentland 20.00 Account Closed
October 12 Total Home Consulting 20.00 Account Closed
December 2 Steven Thompson 20.00 N.S.F.
1988 Uncollectable Checks Page 2
Store One On Sale Cont'd.
December 5 Curtis Olson 20.00 Payment Stopped
• 6 Marilyn Ferrara 20.00 N.S.F.
22 Dale Pince 20.00 N.S.Y.
$ 465.00
Store Two Off Sale
January 14 Douglas Carr 3.36 Account' Closed
26 Melvin Barker 3.24 . N.S.F.
28 Cynthia Olson 11.32 N.S.F.
March 29 Duane Edblad 5.64 N.S.F.
31 Dawna Baird 6.29 Account Closed
April. 11 Bobby .Harrington 3.79 Account Closed
May 9 Troy Lanz 27.86 Account Closed
20 Mark Huschy 14.10 Account Closed
27 Eric Saastad 19.39 Account Closed
June 9 Carolyn Petty 22.21 N.S.F.
27 Saul Mendoza-Parra 10.84 Account Closed
27 Vicky Karsikas 38.75 N.S.F.
July 26 Saul Mendoza-Parra 5.42 Account Closed
26 Saul Mendoza-Parra 5.42 Account Closed
August 26 S & H Construction 31.35 Account Closed
. 29 Gerald Christenson 11.17 N.S.F.
September 9 Barbara Johnson 5.64 N.S.F.
12. Gary Nebelung 12.44 N.S.F:
October 4 Thomas Longo 19.95 N.S.F.
7 Mary Ann Partridge 44.60 N.S.F.
• 11 Denise 'Longo 11.60 N.S.F.
November 2 Marcella Scroggins 27.74 N.S.F.
28 Thomas Newstrom 14.17 N.S.F.
30 Michael Ryan 19.08 Account Closed
December 21 Thomas Tveit 18.82 N.S.F.
30 Linda Madson 150.41 N.S.F.
June 9 Helen Hagen 532.00- Forgery
August 30 M. Slattery Sup. Drywall . 7.54 Account Closed
$1,084.14
Store Two On Sale
January 8 Daryl Ranum 15:00 N.S.F.
June 13 Eric Saastad 20.00 Account.Closed
14 Eric Saastad 20.00 Account Closed
September 15 David Wentland 20,00 N.S.F:
November 2 Charles Klein 40.00 N.S.F.
9 Bruce Leonhardi 20.00 N.S.F.
$ 135.00
Store One Off Sale $ 671.67
Store One.On Sale 465.00
Store Two Off Sale 1,084.14
Store Two On Sale 135.00
Total Check Write Off $ 2,355.81
1988 Check Cashing Income 46,104.01
Net Profit Check Cashing $43,748.20
•- 1987 Write Off $ 9,868,03
Net Profit on CC 20,261.12
ain thou
DATE
a APPROVAL :
SEPTEMBER 21, 1989
TO :
Mayor and Councilmembers
FROM :
Sue VanderHeyden, Acting_City Mana er
2TEM : 1990 TAX LEVY AND CITY BUDGET
Th. :ii:uth in Taxation Law requires that the City again provide Hennepin
and Ramsey Counties with a proposed tax levy and 1990. Compliance with
this requirement is difficult due to the uncertainty about the tax law.
At this time, the best information available for the tax levy assumes
that:
-The levy limit base increase will be 3%.
-Local Government Aid scheduled increase from $394,190 in 1989 to
$453 , 337 for 1990.
-Certificates of indebtedness will remain outside of the levy limit.
In using the above information, the tax levy proposed for 1990 would be:
Levy limit taxes $1,180,057
Certificate of indebtedness 72,000
TOTAL PROPOSED TAXES $1,252,057
The taxes proposed will be used to finance the 1990 proposed budget.
The service cost of this budget is estimated at $3, 395,535.
Recommendation
To waive the reading and adopt Resolution 89-025 , certifying proposed
tax levy and 19.90 budget in compliance with the Truth in Taxation Law.
:cjk8.3.89
•
RESOLUTION 89-025
A RESOLUTION CERTIFYING PROPOSED TAX LEVY AND 1990
BUDGET IN COMPLIANCE WITH THE TRUTH IN TAXATIONACT
WHEREAS, the Truth in Taxation Law requires that the City
of St. Anthony provide Hennepin and Ramsey
Counties with a proposed tax levy and 1990
Budget; and
WHEREAS, the information required for the City to make
a definitive tax levy has not been furnished;
and
WHEREAS, the furnishing of this proposed tax levy is made
contingent on a revision being allowed if the
current law is modified.
NOW, THEREFORE, BE IT RESOLVED that:
1. The proposed tax levy for 1990 is
$1 , 252 ,057, inclusive of certificate of
• indebtedness needs.
2. The proposed 1990 Budget is $3 , 395,535.
3 . The City retains the right to modify the
proposed levy and budget based on .changes
in current law and/or changes in need as
determined by the City Council.
Adopted this day of ,1989.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Acting City Manager
•
ai
n thon
6illa e
DATE : A P PROVAL =
SepteYnber 21, 1989
TO :
Mayor and Councilmembers
FROM :
Larry Hamer, Public Works Director
ITEM : REPAIRS TO PARKVIEW BUILDING
The following are essential repairs that need to be completed on the
Parkview Building before winter.
Repairs to the existing roof can be made approximately $3 ,750.00. I
recommend that additional quotes be obtained once concept approval is
received.
The Police Department needs a new roof top air conditioning/heating
system which can be utilized when and if we remodel the building.
Quotations have been received on this system:
Air Conditioning Association, Inc. - $4,250.00 (does not include
electrical service which is already there)
Master Mechanical - $$4,900.00. (does not include electrical service)
United Sheet Metal - $4,780.00.
I recommend awarding the job to Air Conditioning Association.
The Utility Billing Clerk's office area requires a window for the
ventilation of the existing computerized equipment. We will remove a
window from under the reader boards in the City Manager's office and the
Public Works Department will install the window for approximately
$500.00. I recommend this project be undertaken.
:cjk?, 26.89
r '
ROOFING-All Types AWNINGS PAINTING SIDING-GUTTERS
ROOF REPAIRS ALUM.WINDOWS CEMENT WORK
ALUM.DOORS PORCH ENCLOSURES
MILTON L. JOHNSON ROOFING & SHEET METAL CO.
2513 Central Ave.N.E.-Minneapolis,MN 55418-Phone: 781-9548
Buyer: City of St. Anthony Village
3301 Silver Lake Road N. E. Date July 27 19 89
St. Anthony_, MN 55418
We propose to do the following work at S AMP AS ARQVF.
Specifications as follows:
ROOF REPAIR:
A) All known leaks:
1) Scrape gravel and sweep clean
7) Ap 14z '1 plipa of 15# fihprglaGa falter mopped apnaratply with
ded-level asphalt.
3) Flood coat and regravel.
4) r1pan up anti haul dphria
B) Check all cants and flashing and repair as needed.
r
Because of the nature of the roofing material used, this job can only
be done in cool weather -- end of September or October.
ContractAmount_1"hrpa thnn4anr9 Cpypn hundred fifth/ and 001100--$3,750.00
PAYMENT TERMS:Payment will be due upon the Contract Amount as follows:a. Thirty-three and 1/3 percent(33 K%)due on commencement of the
services described herein;h Thirty-three and 1/3 percent(33%%)due upon completion of the"rough in:'We shall inform you when the"rough in"is
completed and our determination of"rough In"Is conclusive evidence of same.Payment is due within three days of said notice or we will cease work.We
"not re-commence work until the"rough in"payment Is made;c Thirty-three and 1/3 percent(33%%)due upon full completion of the services described
herein.It is agreed that a late payment penalty of B%per annum will be assessed on the balance due if we do not receive payment in full within three 13)
days of the date said balance became due.
ACCEPTANCE:
I HAVE READ AND UNDERSTOOD THE TERMS OF THIS PROPOSAL
• INCLUDING THE TERMS ON THE REVERSE SIDE OF THIS PAGE,AND
Rep:for MILTON L JOHNSON CO.- i AGREE TO ALL OF THEM.
Buyer Signature
Address
RRfIC'F R_ FRTrKSnW Tel.Ne.
Property owner
Date July 27 198 9 Address
FORM 7 WF CARRY PT IRLTC LIARTLTTY TNSURANCF.AND WORKMAN'S COMPENSATION
UNITED""
520 FRONT AVENUE
SHEET METAL 488-9136 - ST. PAUL, MN 55117
9/06/89
The City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Mr. Hamer:
Thank-you for your inquiry. Upon inspection of your building
and per your request we quote the following:
Remove the existing two ton A/C unit .
Install a new Carrier three ton unit with a heating section,
controls , ductwork, and gas piping.
Install a new diffuser in the locker room.
Alter existing duct system to fit new three ton unit.
This quotation is complete except for electrical work,
control wiring .and permits.
$4, 780. 00
Sincerely,
James Parson
President
United Sheet Metal
JP/lm
0
COMMERCIAL . AIR CONDITIONING • HEATING VENTILATION INDUSTRIAL
Master Mechanical, Inc.
• 9ESIGN-BUILD. MECM. CONTR.
9864 JAMES CIRCLE BLOOMINGTON. MINNESOTA 55491
(612) 8640452
9-06-89
Mr. Larry Hamer
City of St. Anthony
3301 Silver Lake Road
St. Anthony, .MN 55418
Dear Sir:.
Thank-you for the opportunity of quoting the Police Department .
project.
Remove your existing 2 ton rooftop A.C. unit and replace it with
a 2Z ton Lennox unit with 80 , 000 BTUH gas heating. The system
will be complete ductwork changes , gas piping, connections, service,
and air balance. Also provide a new supply air run to the locker room.
•
$4 ,900. 00
Electrical work and ceiling repair are not included.
Regards .
Gordon Peters
AIR
CONDITIONING
ASSOCIATES, INC.
689 Pierce Butler Route St. Paul, Minnesota 55104 (612) 488-0291
• * * + • PROPOSAL • * * * �►
PROPOSAL SUBMITTED TO WORK TO BE PERFORMED AT
- ------------ ---------------------
City of St. Anthony City Hall
3301 Silver Lake Road NE Police Department
St. Anthony, MN 55418
Attn: Mr. Larry Hamer
8 September, 1989
We are pleased to confirm a proposal to provide and install a
heating and cooling unit for the above referenced project as
follows:
( 1) Rheem rooftop heating-cooling unit complete with 75, 000 BTUH
• gas-fired heating section, thermostat, removal of old "Carrier"
unit.
Provide and install new duct connections to the existing duct
system.
Approximately 75' of 1/2" natural gas piping from the unit,
across the roof and into the boiler room to the existing gas
meter.
Provide and install a 10" X Sw supply air register for the locker
room. This includes cutting and patching of the wall, remove and
reinstall the ceiling and approximately 40' of new ductwork.
Rebalance air flow of existing duct system.
Check, test, start-up and warranty.
Please Note: This quotation does not include electrical control
or power wiring.
$4, 250. 00 Tax Included
Rect ully Submitted,
Mpim,V az�,� --------------------
• James N. Packer Acceptance Signature
Vice-President
Air Conditioning Associates
•
2343g
CITY OF ST. ANTHONY
ORDINANCE 1989-Il0l
AN ORDINANCE RELATING TO- THE LICENSING OF HAULERS OF
GARBAGE, REFUSE, RECYCLABLES AND YARD WASTE; AMENDING
SECTIONS 530 AND 510, AND REPEALING SECTION 1000 . 15, SUBD. 4 ,
OF THE 1973 CODE OF ORDINANCES
The City Council of the City of St . Anthony ordains :
Section 1. Section 530 of the 1973 Code of Ordinances
is amended in its - entirety to read as follows :
Section 530 - Licensing of Haulers of Garbage.
-Refuse Recyclables and Yard Waste.
Section 530: 00 . Definitions . For purposes of this Section
530, the following terms have the following meanings :
Subd. 1. Garbage: Putrescible animal and vegetable
waste resulting from the handling,
• preparation, cooking or consumption of food.
Subd. 2 . Refuse: Ashes, non-recyclable glass,
crockery, cans, paper, boxes, rags and
similar non-putrescible materials .
Subd. 3 . Recyclables : Materials which may be
recycled or reused through. tecycling
processes, including metal beverage
containers, glass, newsprint, and any other
materials designated as recyclables by
Council resolution.
Subd: 4 . Yard Wastes : Organic materials such as
leaves, grass clippings, organic garden
waste, or similar materials .
Subd. 5 . Residence: Any single building consisting
of one to four dwelling units with
individual kitchen facilities for each.
Subd. 6. Multiple Dwelling: Any. building used for
residential purposes consisting of more than
.four residential units with individual
kitchen facilities for each.
Subd. 7. Commercial Establishment : Any premises
where a commercial or industrial enterprise
of any kind is carried on, including
restaurants and clubs, churches, and schools
where food is served.
Subd. B . Hauler: A collector or transporter of
garbage, refuse, recyclable materials, or
yard waste.
Subd . 9 . License: A license issued in accordance
with Sections 400 and 530 of the City Code.
Subd. 10 . Special Pick-up: Any collection of
materials other than -garbage, refuse,
recyclables or yard waste, including white
goods, furniture, oversized materials and
construction debris .
Subd. 11. Collection Days : Tuesday or Wednesday of
each week.
Section 530.05. Licensing Requirements .
Subd. 1 . It is unlawful for any person to haul •
garbage, refuse, recyclables, or yard waste without
the appropriate license issued by the City under
Sections 400 and 530 of this Code, unless the, peison
is hauling from his or her own residence or commercial
establishment.
Subd. 2. Each license shall. be applied for, issued
and renewed, and may be terminated, as provided in
Section 400 of this Code, and each licensee shall
comply with all applicable requirements of Section 400
and of this Section 530 .
Subd. 3 . The following categories of haulers must be
separately licensed:
(a) Haulers collecting recyclables and any
non-recyclables from residential areas .
(b) Haulers collecting any non-recyclables from
commercial establishments and/or multiple
dwellings.
(c) Haulers of recyclables only.
Each application for a license and each license issued •
shall identify the type of license and the specific
vehicles to be used by the licensed hauler. .
-2-
t
• Subd. 4 . Before a license is issued, the applicant
shall file with the City Clerk evidence that the
applicant has in effect public liability insurance for
the hauler' s business and for all vehicles in at least
the sum of $500, 000 for injury of one person,
$1,000,000 for the injury of two or more persons in
the same accident, and $100,000 for property damages .
Subd. 5 . When the application is submitted, the
applicant shall file with the City Clerk -a schedule of
proposed rates to be charged during the licensed
period. Every licensee shall provide 14 days ' prior
written notification to the City and the licensee' s
customers of any change in rates to be implemented
during the licensed period.
Subd. 6 . In addition to the other requirements of
this Section 530, haulers servicing residences shall
comply with. the following :
(a) Curbside recycling collection will be made
available to all residential customers no later
than December 5 & 6, 1989. At a minimum, such
service shall include weekly collection and _.
• hauling of all recyclables on collection days .
(b) Weekly collection of garbage, refuse and yard
waste will be provided on collection days .
(c) A minimum of three rate levels for regular
service, priced on the basis of volume, will be
provided.
(d) Each licensee shall separately collect and
dispose of yard waste for a minimum of eight
weeks in- the spring, commencing on�,April 1st, and
eight week's in the fall, commencing on
September 15th.
Section 530. 10. Requirements and Restrictions . All licensees,
and any other haulers in the City, shall comply with all of the
following requirements and restrictions :
(a) No hauler shall operate in a residential district
after 8 :00 p.m. or before 6:30 a.m. of any day,
and no hauler shall operate in a residential
• district on Sunday or legal holidays .
-3-
. Ilk
b No licensed hauler shall operate on residential •
( ) P
streets on any day other than collection days
except to collect a missed pick up or special
pick up, or for collection on a day in
substitution for a legal holiday which falls on a
collection day.
(c) All haulers operating on a route in a residential dist-
rict shall operate vehicles on City streets within the
weight allowed by Minnesota State Statute.
(d) Licensees shall have water-tight, packer-type
vehicles, or in the case of recycling,
appropriate container vehicles, in good condition
and which prevent loss in transit of liquid or
solid cargo. All vehicles shall be kept clean
_ and as free from offensive odors- as possible, and
shall not be allowed to stand in any street
longer than reasonably necessary to collect
garbage, refuse, recyclables , or yard waste.
(e) Persons may haul garbage, refuse, recyclables , or
yard was.te .from their own residence; multiple
dwelling or commercial establishment if hauled in •
containers which are water-tight on all sides and
the bottom and have tight-fitting covers on top,
and if hauled in vehicles with leak-proof bodies
which do not permit the loss of cargo .
(f) All garbage and refuse shall be dumped or
unloaded only at designated sanitary landfills or
County designated facilities .
(g) Recyclables shall be disposed of at a recycling
facility, an organized recyclable drive or
through another licensed recyclable hauler.
(h) Yard wastes may be composted privately or may be
disposed of at a composting facility or through a
licensed recyclable hauler .
(i) Each vehicle for which a hauler' s license is
issued shall exhibit such license in a prominent
position on the vehicle.
Section 530. 15 . Reporting of Recyclables and Yard Waste. All
licensees shall report to the City, on forms provided by the
City, the quantity of all recyclables and yard waste abated
from landfills . Such quantities shall be reported by tonage,
except that yard waste may be reported in estimates of cubic
yardage abated. Failure to certify accurate volumes in a •
timely manner may be cause for revocation. of a hauling license.
-4-
• n fees set forth in
Section 2 . The table of license
Section 510: 00 of the 1973 Code of Ordinances is amended to add
the following fees and other information:
Type of License
or Permit F'gg
(a) Residential Recycl.ables and
Non-recyclables $ 100.00
(b) Commercial/Multiple Non-recyclables $ 100.00
(c) Recyclables Only $ 100.00
Term of License
or Permit
One year, terminating
on March 15 of each year
Transferability Other
Reauirements
No ---
• Other Applicable
Ordinance Sections
530
Section 3 . Section 1000: 15, Subd . 4 is hereby
repealed.
Section 4 . Effective Date. This Ordinance shall take
effect upon its adoption and publication according to law.
First reading: August. 22, 1989
Second Reading: September 12, 1989
Adopted: September 26, 1989
Mayor
ATTEST:
City Clerk
• Published: St. Anthony Bulletin on the day of
1989.
-5-
CITY OF ST. ANTHONY
ORDINANCE 1988-005
The City Council of the City of St. Anthony ordains:
Section' l. The City Zoning Map adopted by Section 300 of
the 1973 Code of Ordinances is amended as to the following
described lands located in Ramsey County:
Block *2 and Lots 1, 2, and 3 of Block 4 ,
Mounds View Acres Second Addition
by changing the use district from R-1 , Single Family
Residence District, to R-3 , Townhouse Residence District.
Section 2. This Ordinance shall be effective as of its
• date of publication.
First Reading: May 24 , 1988
Second Reading: June 14, 1988
Adopted: September 26, 1989
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on
Member introduced the following
resolution and moved its adopted:
RESOLUTION NO. 89-026
RESOLUTION APPROVING REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO. 2
RAMSEY COUNTY AND THE REDEVELOPMENT PROJECT
TO BE UNDERTAKEN PURSUANT THERETO AND
TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 2 RAMSEY
COUNTY, AND MAKING FINDINGS WITH RESPECT
THERETO
BE IT RESOLVED by the City Council of the City
of St . Anthony, Minnesota as follows :
1 . The Housing and Redevelopment Authority in
and for the City of St . Anthony ( the HRA) has approved a
redevelopment plan, as defined in Minnesota Statutes, Section
469 . 002 , subdivision 16, designated as Redevelopment Plan
for Redevelopment Project Area No. 2 Ramsey County ( the
• Redevelopment Plan ) , and a redevelopment project, as defined
in Minnesota Statutes, Section 469 . 002 , subdivision 14 , to
be undertaken pursuant thereto, designated as Redevelopment
Project No. 2 Ramsey County ( the Redevelopment Project) ,
and in order to finance the public redevelopment costs to
be incurred by the HRA in connection with the Redevelopment
Plan and Redevelopment Project, the HRA has approved a tax
increment financing plan, pursuant to Minnesota Statutes,
Section 469 . 175 , designated as Tax Increment Financing Plan
for Tax Increment Financing District No. 2 Ramsey County
( the Financing Plan) which establishes a tax increment financing
district, as defined in Minnesota Statutes, Section 469 . 174 ,
subdivision 9 , designated as Tax Increment Financing District
No. 2 Ramsey County (the District ) . The HRA has requested
that this Council approve the Redevelopment Plan, Redevelopment
Project and Financing Plan following a public hearing thereon .
The HRA has approved a Redevelopment Agreement for the Evergreen
Townhomes Project (the Redevelopment Agreement) between the
HRA and Nedegaard Construction Company, Inc . , a Minnesota
corporation (the Developer) for the development of the land
included in the Redevelopment Plan area and district, which
Redevelopment Agreement provides recourse to the .HRA if the
townhouse project required to be constructed by the Developer
is not completed. The HRA has furnished to this Council
a copy of the Redevelopment Plan and Financing Plan and the
written opinion of the City Planning Commission as to the
Redevelopment Plan, the Redevelopment Project and the Financing
Plan, and on August 23 , 1988 , held a public hearing on the
same after notice of the public hearing was published in
the official newspaper of the City, not less than 10 days
prior to the date of the hearing. All persons desiring to
be heard were heard.
2 . The Redevelopment Plan, Redevelopment Project,
Financing Plan and establishment of the District are hereby
approved.
3 . This Council finds that the District is a soils
condition district within the scope of Minnesota Statutes,
Section 469 . 174 , subdivision 19 , for the following reasons :
( i ) less than 70% of the parcels in the District are occupied
by buildings, streets, utilities or other improvements, ( ii )
due to unusual terrain or soil deficiencies requiring substantial
filling, grading or other physical preparation for use at
least 80% of the total acreage of land in the _District has -
a fair market value upon inclusion in the District, which
when added to the cost of preparing the land for development,
excluding costs directly relating to roads as defined in
Section 160.01 and local improvements as described in Section
429 . 021, subdivision 1, clauses 1 to 7 , 11 and 12 and 430 .01,
exceeds its anticipated fair market value after completion
of the preparation; and ( iii ) upon the execution and delivery
by the HRA and the Developer of the Redevelopment Agreement, •
the HRA will have concluded an agreement for the development
of at least 50% of the acreage in the District having the
unusual soil or terrain deficiencies, which agreement provides
recourse to the HRA should the development not be completed.
The reasons and supporting facts for this determination are
contained in the Redevelopment Plan and Financing Plan which
reasons and supporting facts are incorporated herein by
reference.
4 . Based upon the reasons and supporting facts
set forth in the Redevelopment Plan and Financing Plan, pursuant
to Minnesota Statutes, Section 469 .028, it is hereby found
that:
(A) The land located within the
Project area would not be made available
for redevelopment without financial aid
sought,
(B) The Redevelopment Plan for
the area within the City included therein
will afford maximum opportunity, consistent
with the sound needs of the City as a
whole, for the redevelopment of such
areas by private enterprise; and
(C ) The Redevelopment Plan conforms
to the general plan for the development
of the City as a whole .
-2-
• 5 . Based upon the reasons and -supporting facts
set forth in the Redevelopment Plan and Financing Plan, ,pursuant
to Minnesota Statutes, Section 469 . 175 , subdivision 3 , it
is hereby found that :
(A) For the reasons stated. in Section
3 of this Resolution, the District is
a Soils Condition District as defined
in Minnesota Statutes, Section 469 . 174 ,
subdivision 19 .
(B) The proposed development to
be undertaken in accordance with the
Redevelopment Plan in the opinion of
this Council would not occur solely through
private investment within the reasonably
foreseeable future and therefor the use
of tax increment financing is deemed
necessary.
(C ) The Financing Plan conforms
to the general plan for the development
of the City as a whole .
• (D ) The Financing Plan will afford
maximum opportunity consistent with the
sound needs of the City as a whole for
the development of the District by private
.enterprise .
(E) The City elects the method
of tax increment computation set forth
in Minnesota Statutes, Section 273 .76 ,
subdivision 3 ; clause (a) .
Passed by the Council this day of ,
1989 .
Mayor
Attest :
City Clerk
City Manager
-3-
The motion for the adoption of the foregoing resolution
was duly seconded by Member , and upon vote
being taken thereon., the following voted in favor thereof :
and the following voted against the same :
whereupon said resolution was declared duly passed and adopted,
and was signed by the Mayor, whose signature was attested
by the City Clerk .
•
i
•
-4-
RESOLUTION 89-027
A RESOLUTION APPROVING THE TRANSFER OF LAND
FROM THE CITY OF ST. ANTHONY TO THE ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN A DEED
BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the transfer of land from the City of St. Anthony
to the St. Anthony Housing and Redevelopment Authority and
• authorizes the Mayor and City Clerk to sign the appropriate deed.
Adopted this day of 1989•
Mayor
ATTEST:
City Clerk _
Reviewed for administration:
Acting City Manager
•
• EVERGREEN TOWNHOMES
NORTH LINE OF BLOCK 4,MOUNDS NEW ACRES SECOND ADO/TION N 89'14'47' E &=K•NORTN LINE& 2, MOUNDS VIEW ACRES SECOND AMrION
Know All Pe[aonv by '1'hvee Y[aeults That Lvery loan Uevw luluwn[ CutWi+Clan, a Ml:u.e.,..ta wrpuratlJn,
602.84 I fee ..wrier of Cris to l lowing described property sltw4ted In the County of R—y. Slat* ..t Min....IF.
I
Block 2..,,d Lh• cost one hell of vacated Uakwuod Drive lying south at Sit— Lane, Mbunae Vlee
�• Acres S*eoiid Addn, accord frig to the plat [hereof an tl le In the office of the Cawey
M•\'t 4'4T• E ',�•
at.00 7..00 78.08 41.00 s� ti• i R.00rtlar.
of •t I ti J
> > i •yam• ; And NAt Welts[ F. RoeMak and Xa inn M. 60cnnav, n,o0and and vita, tea owner J[ the following d*acr,u.a
M a a
propatty el Coat ad In the WunCy of Ramsay, Stale of HL....at..
Is
� w 00 .• I,:.� I/ Z aI •y• LOt 7, 3 and ]. Block and the Ynet one half of vacated dakvoW U[lve lyin•1 South o[ Silver L.na,
L • . ,!1 Jd• � a+ Mounds Vlav Acres Second Addition, acwrding to the plat thereof on file Ln the of ice Of the
e• e o 0 00 t .
_ •i k 7 i r � fie,•I + b CowtY Recoraer.
0.S� •7•!7� V . I •'�\ 00,x` / Halt,,aused the samx to be surveyed, platted end known as EVERCa Ck.N 110tdij)]I and do hereby dedlcaca
• 3 •'O to e pubs le tJ. public use forever the u[Lllty and dra Lnaye easements as shown on the lot.
M 80 to •, � O•c;� �•.a' �. •1`
4 ti•A [ ).•�•,.TD 8, j Evergreen Deva lopmont Corporation. •Minnesota Corp— tiJn, has ceuead [hnae V[eaen[s to bn elynN by
2y_ +` `{ al •� •y '-" / !ts proper of f!cars and Its corporate seal t°he herewca all load this day of
�...., .O• ..TD• .. .t. ti / 19
C 7817 .. V
• IdA •• .•� .� Signed: Evergreen Development Corporation
•',` �
Its its
• • 8\•6. 7l' • �* �•`•: �` • In wiliness whereof said Walter P. Bochtuk and Helen H. Boehnak have hereunto set our hands this Jay of
78.77 '70• .
:.
.T: .{. Sp I i•s I ? r•.
I ' • 78.77 - - J �': llaltar r. BocMak Helen M. Bochnak
u r r M 8\'a0.7t• _
•; O e 7 `
78.23 �' �' , , ),sd•' . \' a; •/ STATB Or MINNESOTA The f.,.going lnat[ument was acknow ladyad be[o[e ma this day of
S i as M 8\• •81' F. : .. $ W.,.•.: f v, .� / COUNTY OP 19 by and by
2I
of Evergreen
pmt Corporation, Corporation. on behalf of the corporation.
X p --'yI ry ry Dave l° nt Cor cation, a Minnesota Cor
w o o . - �' \70 771• Tom, I �A •i• ° b+y0�
O 1 ao o>t: `? �y / Notary Public, County. Minnesa[u
o y
• 78.77 '•ml • •• L S0� '^'J tl My Comelulon Expire.
• Ic M 8\ S.71 E M so;Pill' r r
Z •� w yt� w m` �. �'n•Sf V J STATE UP MINNESOTA The foregoing lnetrument was ecknowlmlyad before o,x this day of
M 69;640'71 l y o o IA p �• �•V ,V•+ 6 •�' / COUNTY OF 19_, by Waltat P. eocnnek and Helen M. BOChrtak, husband and wife.
.77 7 J `• _
o w '• le A V. :c. '
't 3 km 88•a0.7t' •1 �.to •� 8; 1 —
d 78.a� , '[.J 2 •' I ;� ` Notary Public, County, Minnesota
ej a • I ? Vim. .+: My Commisaian Expire.
• \ a0 t' I e t •' 'i
70.77 ` + 8.'70. .;'� ( �y `. 1 Gord..n L. Cnrlstenaon, hereby cattily that I hewn surveyed and platted ten property deacribed to tn. dealcat
ton JL
m $ O •- 0,•8• a' •••t �p ';i` tole P. ea EV LRGXEEN rOYNHOMES; that tnle plat la a correct cep[aaentation of said survey: that el. distances are
co[re.:t:y
u IO • 70 77 8� .. •- /Y shown on the plat, that aLl monuments nave been correctly placed in tna ground a shown: that the Outside bbundery lines
I •\'40'8 O M 81 b ti E I �� ore correctly designated om the plat: and there sr. no wet lands, eesaments or public highways other than as
shown thereon.
= 10.77; M k - "iii•••• V
i e 1 80.40'7
r II''.•''• ti v 78'� T� �� •'� ��Y Cordon L. Christenson, Lend S—eyot
�1 Minnesota Registration No. 9293
.70.77
L 17 +('
' 41N 40 1 1•� STATE OP MINNESOTA The Surveyor's Certificate wed oubecribe0 and sworn to before me, a Notary Public, this
�• M 8\ a0\l E Q7 7• I p •� / COUNTY OF day of ,sly
76.7777 g V w M\\l\fit'
Mr M 8\.a`0"t' M • o� 8f16 Or I,t / - My COmleoi On•Ekpl[as COwLY. M1M0aOLe
NOtiary w o 13 °e 78.77 .P' '..•/• Approved and accepted by the City Council of the City Of St. lu.enuny, Minnesota,
this day of
I5 llT .i:/ / ,B
a 76.77 ° : is
i Y \\'w•7 • / Mayor Clark
7..77
r
I4 Pursue— to Chapter 7, Minnesota laws of 1976, this plat hoe been rev iewad end approved Chia day of
19_, end the coedit Ions of Minnasote Statute., Section 505.03, Subtllvis l or• 2, have been fulfilled.
M 8\'W'!t' '
78.77 245.71
/
David D. Clayp—, Ramsay .:.wty Surveyor
S 89'14'47' Y
SOUTH L/At8 OF LOT!,BLOCK 4,MOUNDS VIEW ACRES Tax.. for Cris year or. land dater lDed herein psld, w del ln.luent te.ne and stone list entarea, trio
day of 19_
SECOND ADDITION `1 8�8�'T* Direct- By Deputy
/ `_ Department of Property Taxation
/ County Recorder County at Remeay. State of Mlnneaoca a '
I herany eertlty that thls plat of EVERGREEN TOWNNOMES we' filed it this u[[lce [hl. Jay of
SCALE IM FEET IS_ at o'clock .M. end rata filed in Book of plats. Payas end as Document
NJ
0 moms Et r SO or 1AeW n11DV EO .
A/avovr t[r a«n+u.►,TED srAnen7Anav
AVq! 40 AM,LWLMOrAWhFW14(XVCATED 0 40 o uo By
Lou McKenna, canna Recorder
"L 7ME nqT LIKE?lOr7 1.7..7.$UXX 4.
TO RA WOUP103 lA S ACID 7EOOM0 ADDITION 1E ASSUIM
M7 MAYE A 8[1RU18 99 M 0•DD ION■
Is
•
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
SEPTEMBER 26, 1989
COUNCIL CHAMBERS
I . Call to Order.
II. Roll Call.
III. Approval of August 8, 1989 H.R.A. Minutes.
IV. Evergreen Townhomes.
A. Redevelopment and Tax Increment Financing Plan.
• B. Redevelopment Agreement.
C. Indemnity Agreement.
D. H.R.A. Resolution 89-006, re: Approving Redevelopment
Plan, Tax Increment Financing Plan and Redevelopment
Agreement.
E. H.R.A. Resolution 89-005, re: Authorizing Issuance of
Tax Increment Revenue Note.
F. H.R.A. Resolution 89-007, re: Transfer of land from the
H.R.A. to Nedegaard Construction Company.
V. Adjournment.
•
1 CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT
2 T
AUTHORITY MINUTES
4
5 August 8, 1989
6 The meeting was called to order by Secretary/Treasurer Marks at 9 :00
7 P.M.
8 ROLL CALL
9 Present: Marks, Vice Chair Enrooth, and Commissioners Ranallo and
10 Makowske.
11 Absent: Chair Sundland.
12 Also present: Sue VanderHeyden, Acting Executive Secretary
13 William Soth, H.R.A. Attorney
14 MAY 23, 1989 H.R.A. MINUTES
15 Motion by Ranallo, seconded by Makowske to approve as submitted.
16 Motion carried unanimously.
0 CLAIMS
18 Motion by Ranallo, seconded by Enrooth to approve the following amounts
19 for legal services rendered from April 1 , 1989 through June 30 , 1989
20 consecutively by Dorsey & Whitney: $143 . 50; $4 , 466 . 79 ; and $183 . 08 .
21 Motion carried unanimously.
22 MISCELLANEOUS
23 Evergreen
24 The status of the Evergreen project was discussed briefly. Mr. Soth
25 said he had contacted the lawyer for Mr. Hoium. Evergreen has not done
26 any work on the project for quite some time due to some financing
27 problems. However, Ms . VanderHeyden indicated she had received a phone
28 call from a resident who had observed some trucks on the property taking
29 samples for additional soil tests.
30 Tax Increment Financing Funds
31 Uses for moneys in the T. I .F. funds were clarified by Mr. Soth, who
32 indicted the money must be used in the finance district it was
33 designated for. Secretary/Treasurer Marks asked if a district could be
34 enlarged. Mr. Soth responded that some of the laws have recently been
changed and he was not sure , but that that could be done in the past.
1 ADJOURNMENT
2 Motion by Makowske, seconded by Ranallo to adjourn the H.R.A. meeting •
3 at 9:10 P.M.
4 Motion carried unanimously.
5 Respectfully submitted,
6 Connie Kroeplin
7
•
2 •
REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT NO. 2
RAMSEY COUNTY
HOUSING AND REDEVELOPMENT AUTHORITY
ST. ANTHONY, MINNESOTA
SEPTEMBER, 1989
f
REDEVELOPMENT PLAN
• FOR REDEVELOPMENT PROJECT AREA NO. 2 RAMSEY COUNTY
CITY COUNCIL
fober•t Sundland, Mayor-*
Richard Enrooth
Judy 11akowsk-e
George 11ar,k-s
Clarence Ranallo
HOUSING AND REDEVELOPMENT AUTHORITY
Robert Sundland, Chairman
Richard Enrooth
Judy 11akowsk:e
George Marks
Clarence Ranallo
PLANNING COMMISSION
George Wagner-, Chairman
John Madden
Ron Hansen
Rick: Werenicz
Rose 11ary Franzese
Edward 'Browne l 1
Steve London
CITY ATTORNEY
William Soth, Esq.
Prepared By:
DEVELOPMENT ADVISORY SERVICES, INC.
• 7404 Grand Avenue South
Richfield, MN 55423
i
•
TABLE OF CONTENTS
Redevelopment Flan . . . . . . . . . . . . . . . . 1
Land Use Plan. . . . . . . . . . . . . . . . . . .
Urban Design Guidelines. . . . . . . . . . . . . . 5
Redeveloper ' s Obligations. . . . . . . . . . . . . 12
Land Acquisition . . . . . . . . . . . . . . . 14
Relocation Plan. . . . . . . . . . . . . . . . 15
Method of Financing. . . . . . . . . . . . . . 17
•
r '
UESCRIF'l"ION OF REDEVELOPMENT PROJECT AREA
REDEVELOPMENT The Redevelopment Pr-oject Area Na. ?. is
FLAN generally described as the area North of
Soo Line Railroad and east of For•dham
Urive.
The site is currently divided among four•
pr•oper•ty owners and a . City Street, the
City owns one parcel and the street
easement. The parcels are described in
Attachment A. The project boundary map is
included as Attachment A-1 .
1
GOALS AND OBJECTIVES
'fhe goals and objectives ar-e to be
accomplished during the next three years
through government incentives and private
actions. . They ar•e organ i zed into the
following categories:
o Land Use/Economic Development
o Physical Appearance
o Financial Feasibility
GOAL: To Provide Housing and Add to Tax
Ease
OBJECTIVES:
o Accommodate medium-density housing
o Promote owner--occupied housing
o Promote moderate to middle income
housing
o Promote housing -for, first-time buyers,
as well as exisiting "empty nester,"
and adult mar-ket
o Provide housing which adds to the tax
base
r '
o Pi•omote•- a variety of housing sizes,
• according to the economic mac,ket .
GOAL: To F'r•omo t e a Hous'i ng Development
Designed to , Complement the
Neighborhood and One that is
Mar•k:etable
OBJECTIVES:
o Develop housing which does not e::ceed
_'-1/1 stories
o F•r•ovide site amenities to enrich the
living environment including the
following design features:
• - useable open space
- reuse of unuseable land
buildings arranged in cluster, or•
cur•va 1 i near design
protect future 'r•esidences from the
noise of the railroad by use of
setbacks and landscaping
provide e:;tensive landscaping
along the ra i l road and For•dham
Drive
provide - resident and guest park::ing
J
- landscape the site with over•stor•y ,
trees, ornamental trees and shrubs
provide wood, brick or- simi lar• •
building facades in a
complementary design
provide vehicle access to reduce
thru-traffic
promote energy-efficient housing
o Redevelop the sire according to City
or•d i nances
GOAL: To Eliminate Deter•ior•ating
Influences
OBJECTIVES:
o Combine the irregular shaped property
with other property to prevent poor-
planning and poor development
o Correct unusual soil deficiencies by
substantial grading, filling, and
other, physical preparation
o Assemble under•deve 1 oped land for,
medium-density redevelopment
o Reduce the unfavorable effect upon the
value of surrounding property and the
amount of taxes being produced
o Eliminate conditions which prevent
private development by reducing the
estimated cost of physical preparation
to the redeveloper because the cost of
such preparation will exceed the fair,
market value of the land
4
DESIGN S1"AI-49ARDS
URBAN DESIGN One of the primary objectives of the St.
GUIDELINES . Anthony HRA is to create a positive living
environment while complementing the
neighborhood. To accomplish this
objective, urban design guidelines suggest
major landscaping and building elements.
This design cr•i ter,ia would guide the
over-all. design character of the area.
The goal is to set the design tone and to
establish aesthetic and functional
standards within which future design and
development should take place. All final
site designs will be subject to review and
approval by the St. Anthony HRA so that
proper coordination and the
inter-r,e.lationship_ of the various phases
of the plan can be maintained. In
addition, any redeveloper shall proceed
through the normal city review process.
The following design concepts will guide
the over,-all redevelopment. Although,
periodica'. 'y, specific problems will arise
which will r•equir•e special treatments, it
As essential . that the basic concept of
materials and character be continued
throughout the site. Design elements ar•e
presented here within the following
categor•ies:
5
o Open space - preser'vation, screened
landscaping, plant materials
o Building structure
o Parking, lighting
o Open space - useable open space within
the developable portion of the site
shall be retained as useable open
space which consists of areas for,
active/passive recreation as well as
landscaped areas.
Storm water, retention will be required
on site. The standards for, storm
water- retention should generally be
those of the Rice Creek Watershed
District.
Landscaping within the site should
consist of overstory- trees ( 1-1/22 to
2-1/2 inch caliper,) . Ornamental trees
and shrubs should be used to accent
and screen. A landscape theme for, the
entire site will tie the site together,
and provide a more pleasant living
environment. ' Harmony and functional
use will be created by the following
guidelines:
Landscaping: Subject to
applicable ordinances, trees and
landscaping will be the
responsibility of the redeveloper.
6
The various types of landscape
material (deciduous trees,
evergreens, decidous ornamental
trees, deciduous shrubs, ever•gr•een
shrubs and sod) will be planted
to:
provide continuity to the area
* provide image, beauty and
shade for, residents and
pedestrians
decrease air, and noise
pollution
* create a unified street and
parking area image throughout
the redevelopment project
be planted . along public
streets but outside. of the
right-of-way
The plant material for, residential
medium-density and low-density
property boundaries should be used
to:
provide year-round color and
aesthetic beauty to the area
* provide visual and, where
possible, noise separation
between street noises. and
medium-density residential or,
low-density and medium-density
r•es i'den t i a l land uses
7
* ' plant material should be
selected:
1 . which will not generally
be susceptible to disease
2. which does not bear fruit
which might cause unusual
maintenance problems
which does not constitute
dangers to the yener•a 1
public
4. which pr•ovi•des low
maintenance costs and
longevity
In addition, specific plant
materials should be selected
according to their 'characteristics
in order to:
provide interest year-"r"ou"nd
provide a feeling of peace and
tranquility
provide shade
screen undesirable views and
adjacent land uses
provide pedestrian/traffic
control and vehicle er -ranee
identification and control
BUILU114G STRUCTURES
Clearly, one of the most significant
visual impacts on any area will be that
made by new buildings. Because of this,
it is important that the design harmony
and continuity be carried throughout the
area by means of several major, design
elements as they pertain to the building
facade. In addition, it is essential that
the new buildings relate visually to the
e:: isting neighborhood. -The following
design guidelines are used to create this
harmony:
0 building size - Buildings and
individual dwelling units should range
in size to accommodate the primary
mar•k:et while providing sufficient room
for- comfortable living.
o Primary building material -, Should be
consistent with Sur-r•ounding building
construction. Generally, the
character• should be created by natural
materials. These would include
deep-tone brick:, stucco, stone and
low-maintenance wood or, other
low-maintenance materials. Similar-
facade treatments or coordination of
treatments should be carried
throughout all ' sides - of the building
and throughout the redevelopment.
Roof lines, building heights and
architectur•a.l scale should complement
the existing neighborhood.
o Site design - The site should be
designed in clusters or- a curvalinear-
design to reduce the rigid, straight
line nature and create a feeling of
open space.
9
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non-hard surface areas. Par-king lots,
roadways and drives will be
• constructed of bituminous or- concrete
pavement material which will leave the
area in a dust-free condition. All
roadways will be bordered by concrete
curbs and concrete gutters. All
parking spaces will be clearly
mar•k:ed. Park:i n g areas and roadways
will be designed with an internal '
l catchbasin and storm water, system
which should be adequate to minimize
water ponding in parking and driving
areas. The parking area and garages
should be designed to accommodate
cars per- dwelling unit while
maximizing green areas. Recreational
vehicle, boat or• trailer storage
should be prohibited on the site.
Roadways will be a minimum of 28 feet
width from curb face to curb face.
F'ark:ing should only be allowed on one
side of the roadway. All roadways
should be constructed to City Design
Standards.
11
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Q Plot to discriminate on the basis of
race, sex color,, creed, national
ot•igin, or, for any reason prohibited
by law, relative to the sale. lease,
transfer, or, occupancy of the pr•oper•ty
covered by contract with the
Authority. In addition, the
redeveloper, will be required to file
with the United States Department of
Housing Z4 Urban Development THUD) a
Fair• Housing 11ark:eting Flan and to
carry out that plan in accord with
federal laws and regulations
o Provide all public and private
utilities from the existing public
utility systems
o All public and private utility
services such as water, sewer,. gas,
electric and telephone that serve the
parcels of land will be . placed
underground by the redeveloper•
o Cooperate with, and provide
information to the St. Anthony HRA
which may be required from time to
time by statutes or the St. Anthony
HFA resolutions
1 J
LAND No proper-ties will be acquired by the
ACQUISITION St. Anthony HRA.
Less than 70 of the parcels in the
redevelopment project area are occupied by
buildings, streets, utilities or, other,
improvements. Except for 1 houses, the
land is vacant. The houses are included
in the second phase of redevelopment.
Any property acquisition will be
accomplished by the redeveloper without
St. Anthony HRA assistance.
14
RELOCATION The St. Anthony HRA accepts its obligation
PLAN under, federal , state and local law and the
+ppr•opr�iate regulations adopted by the
United States Department of Housing °<
Urban Development (HUD) for• relocation.
lh` St. Anthony HRA will administer,
relocation services for, the families,
individuals and businesses, to be displaced
by actions of the St. Anthony HRH which
ar•e limited to soil correction. Relocation
regulations and St. Anthony -HRA policy is
to:
o F'r•ior- to approval of this
redevelopment plan, the St. Anthony
HRA has been satisfied that there is a
feasible method of tempor•ar•y
relocation of families to be displaced
from the project area. Also,
accommodations are available, or will
be - provided, in the project area or,
other, areas not less desirable in
regard to public utilities and
public/commercial facilities. . . at
rents or, prices within the financial
means of the families displaced from
the project area. The St. Anthony HRA
will provide services to find decent,
safe and san i tar•y dwellings for•
displaced . families.
S15
o In conjunction with, and as part 'of
the action to acquire property,
relocation and relocation services
will be provided by the St. Anthony
HRA to all relocatees in accord with
the 197x) Uniform Real Estate
I
Acquisition and Relocation Act
(Uniform Act) and subsequent
regulations of the United States
Department of Housing & Urban
Development (HUD) .
o There are no relocations associated
with phase .one of this redevelopment.
o There are three single family homes -to
be acquired by the redeveloper as
phase two of this redevelopment.
Three relocations will be required as
part of- phase two. -
16
METHOD OF The public purpose of this redevelopment
FINANCING allows financing by tai increment
iinancin9. The 'rax Increment Flan. is
hereby made a - part of this Redevelopment
Flan as a Method of Financing. Tax
increment will be used foe, soil correction
so that- ttli.s property maybe redeveloped.
• 17
TAX INCREMENT FINANCING PLAN
CITY COUNCIL
Robert Sundland, Mayor
Richard Enr•ooth
Judy Mak:owske
George Marks
Clarence Ranallo
HOUSING AND REDEVELOPMENT AUTHORITY
Robert Sundland, Chairman
Richard Enr•ooth
Judy Mak:owske
George Marks
Clarence Ranallo
CITY ATTORNEY
William Soth, Esq.
PREPARED BY:
DEVELOPMENT ADVISORY SERVICES, INC.
7404 Girard Avenue South
Richfield, MN 55423
1
TABLE OF CONTENTS
FOREWORD
DEFINITIONS
A. STATEMENT OF OBJECTIVES
B. CLASSIFICATION OF THE TIF DISTRICT
C. REDEVELOPMENT PROGRAM
1 . Development F'r•o9r•am for, the Redevelopment
District
2. Property to be included in the TIF District
Property to be Acquired '
4. Development to Occur- Within the TIF District
D. DEVELOPMENT ACTIVITIES
1 . Private Development Activity
�. Public Development Activities
E. FINANCIAL ANALYSIS OF THE TIF DISTRICT
1 . Original Gross Tax Capacity and Original Tax Capacity Rate
2. Captured Gross Tax Capacity
Duration of TIF District
F . ESTIMATED' IMF'ACT OF THE TIF DISTRICT ON OTHER
TAXING JURISDICTIONS
G . ADMINISTRATIVE PROCEDURES AND REQUIREMENTS
1 . Modification of the TIF Plan or• Chanqe in
Boundaries of the TIF District
2. Use of Ta:. Increment
3. Excess 'Tax Increments
4. Tax Increment Account
5. Limitation on Administrative E::penses/County Expenses
6. Limitation on I-•cr•einent
7. Annual Disclosure
B. Administration of the TIF District
9. Fiscal Disparities Election
2
FOREWORD
the Ta;. Incresn=nt Financing Flan has been developed in
con f(Di•m,:�knce with thca Procedures and requirements of Lhe
Minnesota Ia.. Increment Financing Act, Ninnesota Statutes
Sect 1oris -4611. 1 : •+ to 1 7y.
F. HIE.I I i;: Legal Description and Boundary I1ap
EA.HIBIT B: Private Development Proposal . Plana anti
Dev e I op Iflen t Schedule, C ty 6 a a i L grid
Ubjectives - -
E.t.Hle•l7 C: Procedural Documents
1 . Resolution requesting thy: County
AUditar to certify the or•igina.l
value{t ion
HRA Resolution Designating Zi Soils
Condition I-IF District
City Council Resolution Designating a
Soils Condition TIF District
4. Reason and Facts Supporting the
Findinqs for Establishment of a :oils
Condition TIF District
3
DEFINITIONS
The following terms used in this document have the
following meanings given to them:
"City" means the City of St. Anthony, Minnesota, located in
Hennepin and Ramsey Counties.
".HRA" means the St. Anthony Housing and Redevelopment
Authority.
"Plan" means the Comprehensive Plan of the City of St.
Anthony.
"Project Area" means a Redevelopment Project Area proposed
by the Housing and Redevelopment Authority and established
by the City pursuant to the Redevelopment Act .
"Redevelopment Act"' means Minnesota Statutes, Sections 469.001 to
469.047.
"Redevelopment Agreement" means an agreement entered into
between Evergreen Associates and the St. Anthony Housing
and Redevelopment Authority. -
"Redevelopment Plan" means a Plan adopted by the City
pursuant to the Redevelopment. Act.
"TIF Act" means the Minnesota Tat; Increment Financing Act,
Minnesota Statues, . Sections 469. 174 to 469. 179, as amended.
"TIF District" means Tat. Increment Financing District No.
Ramsey, a Soils Condition Tax Increment Financing District
proposed by the Housing and Redevelopment Authority and
established by the City pursuant to the TIF Act.
"TIF Plan" means the Tax Increment Financing Plan for Tax
Increment Financing District No. ?_ Ramsey, set forth in
this document, adopted by the HRA and City pursuant to the
TIF Act.
4
TAX INCREMENT FINANCING PLAN
TAX INCREMENT FINANCING DISTRICT NO. 2 RAMSEY
A. STATEMENT OF OBJECTIVES
The Authority determines ' that it is necessar•
Y,
desirable, and in the public interest to create a Soil
Condic :on Tax Increment Financing District in the City
of St. - Anthony pursuant to the provisions of the TIF
Act. The purpose of the TIF District is to finance
soil correction to enable the redevelopment of pr•oper•ty
into multi-family- housing.
The Flan and Housing Assistance . Plan identifies a need
for housing and establishes housing goals for, the
City. Also, the Flan provides for, multi-housing
development including redevelopment. The purpose of
the HRA 's under taking is to accomplish the Flan and
goal-s as approved by the C-ity. Also, the HRA and City
have approved a Redevelopment Plan for this TIF
'District and have included this TIF District in a
F'r•oject Area. The purpose of the HRA 's under-taking is
to accomplish the goals of the Redevelopment Flan.
The purpose of the Soil Condition TIF District is to
provide a means for- financing soil correction so the
Project Area can be redeveloped. The redevelopment
will make it possible for, this area of the City located
within the TIF District to pay ta-es for services,
reduce the blighting influences of vacant, poor, soil
land, and provide housing. The redevelopment would not
occur, but for, the use of TIF.
5
The specific objectives of the TIF District ar-e as
follows:
1 . To provide financing so that blighted, vacant land
can be developed for- housing;
2. To provide opportunities -For* the development of
land within the TIF District;
3. To increase the .supply of housing;
4. To preserve and enhance the quality of life of the
City by providing a range of housing oppor•.tunities;
5. To provide maximum opportunity, consistent with the
needs of the City, for deveiopment by` private
enter•pr•ise;
-6. To alleviate a shortage of decent, safe, and
sanitary housing;
7. To .cr•eate employment; and
8. to provide decent, safe, and sanitary urban
dwellings, apar•tmen.ts, or• other living
accommodations for persons of moderate income or
for• , veterans and servicemen and their, families
pursuant to Minnesota Statutes 469.002.
A
b. CLASSIFICATION OF THE TIF DISTRICT
The TIF Dis.tr•ict will encourage the redevelopment of a
substandard area which would not be developed without
assistance. It will result in increased housing in the
City, and it will result in the preservation and
enhancement of the tax base of the City.
6
The criteria for, a Soils Condition Tax Increment
Financing District are satisfied as follows:
CRITERIA 014E
Less than 70 of the parcels in the distr•i.ct ar•e
occupied by buildings, streets, utilities or• other,
improvements:
PROPERTY LIST
GROSS TAX LAND SOIL
F I D LEGAL "WNER SF CAPACITY USE CONDITION
1587 Lot 1 , 81k '4 Bochnak: 37375 Vacant Poor•*
1590 Lot 2, 81k.. 4 bochnak: 3775 Vacant Pool,
16':6 Part Lots, Blk4 Bochnak 32164 Vacant Poor,
164`= Pa'r•t Loth, 61k:4 Bochnak 43177 Vacant Poor,
1600.) Lot 3, Blk4 6ochnak 69696 Vacant Pool,
8 1 k 2 City 4:299 Vacant Poor,
Street City 21o2oo Vacant Poo t,
1-65.5 Lot 7, 61 k:4 Reid 2uuof) House Good
Reid 41 794 Vacant Poor,
1611 Part Lots, Blk4 Henessey 1425 House Good
16.39 Part Loth, 61 k4 ShemMan 7476 House Good
1 7'.j: Lot 5, 81 k:1 Nor•dah l I3.3J4 Vacant Good
Villella Add
373321
Occupied by Bldg or- Improvements 27. 27%
Poor, Soils 87. 08%
See soils report.
CONCLUSION: Just over, 27% of the district is occupied
by buildings, streets, utilities or other• improvements.
CRITERIA TWO
Unusual terrain or, soil deficiencies for- 84% of the
act-eage in the district require substantial filling,
grading or- other, physical preparation.
CONCLUSION: The district is 8. 57 .acres. Eighty seven
percent of the district is poor. soils needing fill .
7
• CRITERIA THRE=E
The estimated . cost of physical preparation when added
to the fair, mar•k:et value of the land upon inclusion in
the district e::ceeds the anticipated fair marE::et value
of the land upon completion of the preparation.
The redeveloper has agreed to purchase part of the
property for- $15ii, i!iu:;. This part of ' the property
requires soil correction and is -identified as Phase I .
This acquisition value is $. 68 per, sq. ft. The
estimated soil correct ion cost • is $ 250,000.
In summary:
Estimated cost of physical preparation $ 250,000
plus the estimated value of the land equals
$400,000. Typical land value for townhouse
development ranges from $1'?, U!►�► to $_�!, ��uu per
do re.
The redeveloper- has agreed to entLiar, into a
redevelopment agreement for, development of over- 56 of
the land having unusual soil deficiencies.
CONCLUSION: The proposed development will have 37
townhouses —in it. The total acreage of Phase One is
5.05 act-es. When applied to Phase One ($"'(:) �0�! ;: 5. 05
acres) , the anticipated fair market value upon
completion would be $141.;400.
Pursuant to Minnesota Statutes, the TIF District
qualifies as a Soils Condition Tax Increment Financing
District.
8
C. REDEVELOPMENT PROJECT •
1 . Redevelopment Project for- the District
The Project within the meaning of Minnesota
Statutes for the Soil Condition TIF District is
incorporated within the TIF Flan. The Project has
the boundaries as described in Exhibit A and these
boundaries are the same as the TIF District. The
redevelopment expected to occur within the TIF
District is described in Exhibit B.
2. Property to be Included in the TIF District
All property to be included in the TIF District is
located within the City of St. Anthony, legally
described in Exhibit A, and as shown on the map
attached as Exhibit A-1 , and shows the boundaries
of the TIF District.
_ . Property to be Acquired
There is no . property to be acquired by the St.
Anthony HRA in the TIF District.
4. Development to Occur• Within the TIF District
The TIF District . is located entirely within the
City of St. Anthony. The specific Development
Proposal for• the TIF District is identified in
E:;hibit B. In general , the development consists of
about 37 townhomes and their, accessory land uses.
9
L' . RLGtVEL0F'MEWr ACTIVITIES
1 . F'r•ivate Redevelopment Activity
All private redevelopment proposed for• the Project
of which the HRA and City ar•e aware ar-e about :7
townhomes - and their, accessory land uses. The City
is not aware of any contracts having been entered
into at the time of the pr•epar•ation of this TIF
Flan with respect to any other, development
proposals.
2. Public Development Activities
It is not anticipated that. any public development
activities will occur, within this District which
will be financed by TIF. Soil Correction to be
financed by l"IF will be completed by the
redeveloper•. Upon completion of the Soil Correction by the
redeveloper, the HRA will reimburse the redeveloper for
up to $ of the costs of the soil correction work
from proceeds of its tax increment revenue note (the "Note").
The Note will bear interest at 12% per annum and will mature
on 1 , 2001 . Principal on, the Note will be payable
when and if tax increment is available.
E. FINANCIAL ANALYSIS AND THE TIF DISTRICT BUDGET:
Soil Correction $
Administrative Costs 25,000
TOTAL COST $
10
1 . Original Gross Tax Capacity and Original Tax Capacity Rate
The original gross tax capacity of all taxable real property
within the TIF District, based on gross tax capacities
established in 1989 for real estate taxes to be paid in
1990, is expected to be certified by the County Auditor
as $ Pursuant to Minnesota Statutes, Section
469.177, at the time of certification of the original gross
tax capacity of the TIF District, the County Auditor will
also certify the original tax capacity rate that applies
to the TIF District. The original tax capacity rate for
the TIF District is the sum of all tax capacity rates that
apply to the property in the TIF District in the calendar
year in which the initial certification or original gross
tax capacity is requested. For the TIF District based
on the tax capacity rates for 1989 the original tax capacity
rate will be
2. Captured Gross Tax Capacity
Each year the gross tax capacity of parcels within the •
TIF District will be adjusted to reflect current valuation.
Tax Increment is calculated by extending the lesser of
(i) the local taxing district tax capacity rates or (ii)
the original tax capacity rate, to the captured gross tax
capacity of the TIF District. The estimated dated of completion
of the townhouse units is and the estimated
captured gross tax capacity at completion is $
Pursuant to Minnesota Statutes, Section 469.177, Subd.
2, the 'City and the HRA hereby determine that they will
use 100% of the captured gross tax capacity of taxable
property located in the TIF District and 100% of the Tax
Increment to be derived from the TIF District for the entire
duration of the TIF District.
11 i
3. Duration of the TIF District
In accordance with the TIF Act, the HRA from the
TIF District may continue to receive tax increment
payments for, 12 years after establishment of the
Soils Condition TIF District. It is estimated that
the TIF District duration will be 12- years.
F. ESTIMATED I11PACT OF THE TIF DISTRICT ON OTHER TAXING
JURISDICTIONS
Redevelopment of the pr•oper•ty located within the TIF
District for- housing improvements identified and
discussed in - Exhibit B cannot occur, but far• the
creation of a tax. increment district and the subsidy to
be used for, soil corr•ection.
Pursuant to Minnesota law, tax increment generated by
M development within the TIF District may. only be
captured by the HRA for a period of twelve years after,
establishment of the Soils Condition TIF District.
During this period, other, major, taxing jurisdictions
will continue to receive taxes from the property within
the TIF District based on the original assessed value
of the pr•oper•ty, just as if no redevelopment had
occurred on the property. Other, taxing jurisdictions
will , therefore, realize the same amount of tax revenue
from the property within the TIF District during the 12
year, duration of the district as they would have if no
development had occurred on the property. There will ,
therefore, be negative impacts on other, taxing
juvisdict-ions as a result of the City 's creation of the
TIF District. These impacts ar-e offset by the public
purpose of p! -viding redevelopment for- housing.
There will , however,, be a substantial favorable impact
on other, taxing jurisdictions following termination of
the TIF District in 12 years. Tares levied on the full
12
value of the land within the 'TIF District, including
the value of development made possible by creation of
the TIF District, will be distributed by the County
Auditor to all taxing jurisdictions following
termination of the TIF District. The value of the
townhouses made possible by the creation of the TIF
District will contribute significantly to the tax base
of all ta:, ing jurisdictions, including the county and
school board. In addition to the increased taxi base
within the TIF District itself, which will be available
to other taxing jurisdictions when the TIF District
expires, the redevelopment helps accomplish the goals
of the City, the Twin Cities Metropolitan Council, and
the State of Minnesota.
If Estimated Gross Tax Capacity Available to Taxing Juriidictions
Without Creation of TIF District. The estimated gross tax
capacity would be available to the taxing jurisdictions without
creation of TIF District, each taxing jurisdiction would realize
an increase of $ in gross tax capacity at completion
of the construction of the townhomes.
If Estimated 'Gross Tax Capacity Not Available to Taxing Jurisdictions.
If estimated gross tax capacity is not available to taxing
jurisdictions during duration of TIF District, the taxing
jurisdictions will not realize an increase in gross tax capacity
as a result of development of the townhomes until the TIF
District has been terminated, which is not expected to occur
until 2001 .
C0I4CLUS I OIJ:
1 . The proposed district will increase the assessed
value of the major, taxing jurisdictions over- the
existing situation in 1= years.
13
2 _ But for, tax increment financing, the redevelopment
• would not occur, because of the poor soil
conditions.
The studies which have been completed which indicate that
development would not cocur• but for• the use of tax
increment are as follows:
1 . Evergreen Townhouses in St. Anthony Village, June
16, 1988.
2. Soil Analysis.
G . ADM I N I S YRAI'I VE PRUCEDURES AND REQUIREMENTS
1. Modification of the TIF Plan or- Change in
• Boundaries of the TIF District
Pursuant to Minnesota Statutes, any modification of
this TIF Plan which would: provide for any
reduction or enlargement of the geographic area of
the TIF District; increase the amount of bonded
indebtedness to be incurred; increase or, decrease
the amount of interest on the debt to be
capitalized; increase the portion of captured
assessed value to be retained by the City;
increase the total estimated tax increment
expend itu,r•es; or• the designation of additional
property to be acquired may only be approved by the
City Council and HFA after notice to the public,
discussion with the planning commission, the
holding of a public hearing, and the making of
findings required for the approval for, the TIF plan
itself .
14.
The geographic area of . the TIF District may be
reduced, but may not be enlarged after, five years •
following the date of certification of the original
asssessed value by the County Auditor,.
2. Use of Ta:. Increment
Pursuant to Minnesota Statute, all tax increment
revenues derived from the TIF District shall be
used in accordance with this TIF Flan and shall be
used solely for• the following put-poses: a) to pay
the interest on loans or, loans issued to finance
the soil correction; and b) to finance the cost of
administr-ation, capitalized interest and issuance
costs.
's.
Excess Tax Increments
Pursuant to Minnesota Statute in any year, in which
the to>; increment should exceed the amount
necessary to pay the costs authorized by "this- TIF_
Flan, the HRA shall use the excess amount to do any
of the following, in the order, determined by the
HRA:
a. Repay any outstanding Tax Increment Loans;
b. Discharge the pledge of Tax Increment thereof;
C. Fay into an ' escrow account dedicated to the
payment of such loans; or-
d. Fay administrative expenses allowable pursuant
to Minnesota Statutes Section 469. 176.
•
15
e. Return the excess amount to the County Auditor-
• for distribution to the City, County and School
District in pr-opor-tion to their- respective mill
rates.
4. Tax Incr-ement Account
Pursuant to Minnesota Statutes, Section 469. 177,
Subd. 5, the tax increment received as a result of
increases in the gross tax capacity of the property
within the TIF District will be maintained in a
special account or- accounts separate from all other-
municipal accounts and expended ony as provided in
this TIF Flan and as allowed by the TIF Act.
5. Limitation on Administr-ative E •Penses/County
Expenses
HRA or- their, designated agent will be l imi.ted to
administrative expenses pur-suant to Minnesota
Statutes, Section 469. 176, Subd. 3, now in effect-
and as amended fr-om time to time. It is the policy
of the Author-ity to pay to Ramsey County the actual
administrative costs to administer- this distr-ict
only.
6. Limitation on Increment
Pursuant to - Minnesota Statutes, Section 469.176,
Subd. 6, if, after four- years from .the date of
certification of the original. assessed value of the
TIF District, no demolition, rehabilitation, or-
r-enovation or- other- site pr-epar-ation, including
improvement of a str-eet adjacent to a par-cel , but
not installation of utility service including sewer,
16
or- water systems, has been commenced on a parcel •
located within the TIF District in accordance with
this Flan, no additional tax increment will be
taken from that parcel and the original gross tax
capacity of that parcel will be excluded fr-om the
original gross tax capacity of the TIF District. If
development of the parcel subsequently commences,
the parcel shall be returned to the TIF District as
provided in 11innesota Statute Section 469. 176,
Subd.. 6.
7. Annual Disc 1 osur•e
The HRA will make the annual disclosures required by
Minnesota Statutes, Section 469.175, subdivision 6.
B. Administration of the TIF District
The HRA designates the St. Anthony City Manager- as
agent responsible for• administration of the TIF
District. - -- -
9. Fiscal Disparities Election
The HRH elects to spread the effects of the fiscal
disparities Act within the District to all
commercial and industrial property in St. Anthony.
The Cash Flow Analysis reflects this election.
17-
•
EXASIT A
TAA INCREMENT DISTRICT
FOR
EVERGREEN LEVELOFMENT. CORPORATIaj
Lots 1 , 2, =, �, �, 7. Block: 4 Mounds View Acres, Second
Add. and Block: 2. Mounds View Acres, Second idd. and Loy: 5,
• Chock: 1 , Vi l lel la Add. , all in Ramsey County, Minnesota.
f�llan Reid c►-rc OF
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rr^°
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A N
1 7140
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jo
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:IRS '_ M . ti •► �• � Pp ,. i1M� PV �QQ 2 I � :.• � D � 1 8
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Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418
(612) 789.8881
July 22 , 1988
St. Anthony School Board
3303 - 33rd Avenue N. E.
St. Anthony, MN 55418
Attention: Dr. Crystal Meriwether
Dear Board Members and Crystal :
• On July 12, 1988 , the St. Anthony- Housing and Redevelopment
Authority accepted a soil condition tax increment financing plan
for approximately 9 . 6 acres located south of Silver Lane and east
of Fordham Drive in St. Anthony, legal description attached.
In the furtherance of better communication, and in accord with
Minnesota statutes , I am transmitting a draft copy of the Tax
Increment Financing Plan to you for your review. A final copy
will be sent within a few .days . We ask for you to review and
comment at your earliest convenience. Should you have any
questions, please call .
erely,
E
-David M. Childs
Executive Director
St. Anthony Housing and Redevelopment.
Authority
DMC:cjk
Enclosure
Roben(Bob) Sundland,Mayor David Childs.City Manager
Councilmembers Richard A Enrooth,Judy Makowske,George Marks,Clarence Ranallo
. ai n thou
I e
C_.><=0
w
Administratiue Offices
3301 Silver.Lake Road, St. Anthony, Minnesota 55418
(612) 789-8881
July 22 , 1988
Ramsey County Board of Commissioners
Room 286 City Hall-Courthouse
St. Paul , MN 55102
Attention: Terry Schutten
Dear Commissioners and Terry:
On July 12 , 1988 , the St. Anthony Housing and Redevelopment
Authority accepted a soil condition tax increment financing plan
for approximately 9. 6 acres located south of Silver Lane and east
of Fordham Drive in St. Anthony, legal description attached.
In the furtherance of better communication, and in accord with
Minnesota statutes, I am transmitting a draft copy of the Tax
Increment Financing Plan to you for your review. A final copy
will be sent within a few days. We ask for you to review and
comment at your earliest convenience. Should you have any
questions, please call .
ce;aUDS AU
David M. Childs
Executive Director
St. Anthony Housing and Redevelopment
Authority
DMC:cjk
Enclosure
Robert(Bob) Sundland,Mayor David Child%City Manager
Councilmembers Richard A Enrooth,Judy Makovnke,George Marks Clarence Ranallo
•
EXHIBIT B
PRIVATE DEVELOPMENT PROPOSAL
PLANS AND DEVELOPMENT SCHEDULE
CITY GOALS AND OBJECTIVES
•
EVERGREEN DEVELOPNILNT CORPORATION
1920 Dain Tower
Minneapolis, MN 55402
(612) 339 -9341
•
July 7, 1988
Development Advisory Services
7404 Girard Avenue South
Richfield, MN 55423
Attn: Mr. Richard Krier
Re: Evergreen Townhouses in St. Anthony Village
Dear Mr. Krier,
The recent request for assistance regarding the above referenced
development is predicated on the fact that considerable soil
corrections to the site will be required in order to build the
proposed housing. Such corrections are necessitated by the City's
permitted use of the site as a loose landfill area over a period
in excess of 20 years. •
Our best estimates to date indicate the cost of such corrections
will total $ 327,000 or just over $ 8,800.00 per unit. This is an
amount that would price the proposed units above the marketplace
if it had to be -absorbed. within the project.
As a result, we ask chat you favorably consider our request.
Sincerely,
:—Stephen J. Yurick
Development Consultant for
Evergreen Development Corporation
cc: Ursula Sheehy
Vernon Horium
EVERGREEN TOWNHOMES IN ST. ANTHONY
SUMMARY OF TAX INCREMENT FINANCING REQUEST OF JUNE 17, 1988
SUBMITTED BY: EVERGREEN DEVELOPMENT CORPORATION - •
PROPOSED PROJECT:
TYPE: For Sale Townhomes
37 units, Base units - 1Br + den, 2 Br.
1214 to 1412 Sq. ft. in size for base units-
optional expansion available
PRICE: $ 95,500 average
LOCATION: See preliminary plan
DEVELOPED PLAN: Phased construction based on market acceptance
ASSISTANCE: Request $ 327,000.00 in TIF for soil correction.
Evergreen Development Corporation and its principals
will sign and be responsible for the financial
obligations negotiated as a result of this request.
FINANCING: Privately-arranged to encompass appoximately $ 800,000
for use on a revolving -basis given phased- nature -of - - -
development. Publicly assisted through tax increment
financing as outlined above.
DEVELOPMENT TEAM: Presently consists of members experienced in -the
residential housing disciplines of planning,
architecture, marketing, sales and finance. Currently
negotiating with building contractors having specialized
skills in the townhome construction field to find the
right fit with existing team members, quality and cost
parameters.
SOURCE AND USE
OF FUNDS: Previously submitted .
SILVER LANE
ZQ
64 1
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.' 0{. J
PREUMINARY- SITE PLAN
Goals and
Policies
Community Goals
The purpose of this Comprehensive Plan is essentially the same as that of
the municipal government itself: to provide a living and working environ-
ment which is safe, orderly, and attractive; to provide needed public ser-
vices, and to allow individual initiative to find fulfillment. Physical
improvements and municipal services are the principal means through which
the City of St. Anthony may move toward its service goals. Within this
framework, the general goals which the City of St. Anthony should work
towards in the coming years are as follows:
1 . Continue to ensure the public health, safety, and welfare of the com-
munity while maintaining maximum individual choice.
Explanation: The provision of health, safety, and welfare are three
legitimate objectives of municipal government. While working to
further these, individual property rights and freedom of decision must
be respected.
2. Provide a full range of equal opportunity, choice, and accessibility
for each person in their respective living and working environments.
Explanation: Within the broad categories of housing, employment, goods
and services, . transportation, and Iife-sustaining functions, the
community should ensure that each citizen has equal rights and oppor-
tunity and is protected. The community has an obligation to try to
maintain and improve I-ife for all of its citizens.
3. Complete the process of community development, and encourage orderly
and beneficial redevelopment where needed.
Explanation: The City of St. Anthony has little remaining buildable
land. The remaining development opportunities that do exist will
certainly be encouraged, but as existing development deteriorates or
becomes economically obsolete, it will need to be rejuvenated through
stabilization, rehabilitation and modernization, or be replaced by
newer, more compatible development.
26
4. Maintain a strong community identity.
Explanation: Due to its size and homogenous population, the City of
St. Anthony experiences a sense of identity which is greater than that
found in most neighborhoods of similar size in larger cities. This
attribute is a great benefit to the city's population, for it estab-
lishes a feeling of home and refuge in the larger metropolitan complex.
The existence of an independent school district in St. Anthony
bolsters this community identity and is highly valued by community
residents. Other means of . preserving this identity may include the
continuation of retail and service functions which serve the community
and the elimination of land uses which are incompatible with residen-
tial neighbor`..iods.
5. Preserve and enhance a local environment which is safe, orderly, and
productive for all members of the community.
Explanation: The City should provide for the development and main-
tenance of functional land use and structural patterns and the estab-
lishment of an orderly and functional transportation system to serve
and connect but not disrupt various use concentrations. Moveover, the
community should provide and properly maintain those resources, facili-
ties and services essential to the protection of the health, safety,
and general welfare of the individual and community (water, sewer,
police, and fire protection) and necessary for the improvement of the
individual (schools., parks) .
27
Land Use Goals •
Proper goals, policies, and plans for the use of land in a municipality are
useful to the orderly, economic, and efficient development of that com-
munity. Land use is the basis and framewor k for all other physical devel-
opment, including buildings, transportation facilities, and public
utilities such as water and sewer lines. The importance of this aspect of
community planning cannot be overemphasized.
With the overall community development goals in mind, land use policies
must be established to allow a continuation of past trends which are bene-
ficial and to gradually change those aspects which are seen as detrimental .
At this point in its development process, the City of St. Anthony needs
only to refine its land use policies and plans. The following, then, are
the Land use goals of the city.
1 . Maintain and upgrade land use .and environmental quality.
Explanation: In order to preserve the vitality and usefulness of each
neighorhood and the community as a whole, steps must be taken to •
encourage the rehabilitation of substandard dwelling units as well as
commercial and industrial structures if their particular Location is
consistent with the City's land use policies and plan. Redevelopment
decisions and land use changes should take into account the capacity of
the transportation system, the effect on the municipal tax base and
overall environmental quality.
2. Preserve and protect property values.
Explanation: Proper land use planning can ensure that each of the
various types of use is provided with sufficient amount of land,
adequate access, and a proper environment for its needs. The City of
St. Anthony can work to preserve and enhance the investment of the
individual in his/her land and buildings by ensuring a compatible use
relationship and preventing encroachments which create a negative or
blighting influence. The City of St. Anthony should also seek to halt
deterioration of property which may negatively impact adjacent land
parcels.
3. Develop or redevelop land parcels so that public and community
Interests are maximized and that negative neighborhood impacts are
minimized.
Explanation: New development should be encouraged which offers maximum •
property tax revenue to the City but which does not offset such bene-
fits by creating transportation, land use, aesthetic or public service
problems.
28
4: Continue to develop land use patterns which ensures compatibility and
functional relationships among activities.
• Explanation: Some refinement of St. Anthony's land use pattern remains
to be accomplished. This includes encouraging the upgrading and rede-
signing the Kenzie Terrace commercial area, achieving suitable devel-
opment on vacant parcels, and redeveloping land parcels which are not
compatible with their surroundings or which grossly underutilize their
location. An objective of the land use plan and transportation plan is
to function in harmony with one another.
•
29
Land Use Policies
1 . Relate land development to community priorities and transportation
system capacities.
2. Analyze each remaining undeveloped land parcel on an individual basis
to define it most appropriate use within the context of the neigh-
borhood in which it is located and the community as a whole.
3. Provide transitional zones or physical buffers between distinctly dif-
ferent and incompatible land use activities.
4 . Encourage development which makes the most economic, efficient use of
land and public facilities.
5. Encourage the upgrading or removal of deteriorated or economically
obsolescent residential , commercial , or industrial structures through
private means. Public incentives for development should be utilized
only when necessary. When the rehabilitation of deter iorated _struc-
tures is not economically feasible or desirable, the structures should •
be removed and a new use developed.
6. Ensure that all new commercial , industrial , or office developments
conform to established standards for setback, .lot dimensions, land-
scaping, lighting, screening, parking, and signage.
7. Encourage commercial development and redevelopment in unified, func-
tional patterns rather than in spot or linear patterns.
8. Consolidate, whenever possible, existing spot or linear commercial
development patterns into more unified and functional developments.
9. Ensure that new commercial development or redevelopment complements or
improves existing adjacent development through the use of proper
building design and orientation, shared parking and access, landscaping
and appropriately-scaled signage.
10. Continue to provide or promote pedestrian, bicycle, and transit access
to major retail or service locations.
11 . Adhere to strict standards for the development of commercial and
industrial signage.
12. Allow limited convenience retail and service development with proper
screening, access, lighting, parking design and signage in residential •
neighborhoods at nodal points (e.g. intersections of collector or
higher level streets) . Such new neighborhood convenience centers
shall * be allowed only when there can be shown to be a demonstrable
need for such uses in the proposed location. Pedestrian and bicycle
access shall be provided to such locations.
Housing Goals
Since housing is the principal physical element of the City of St.
Anthony, its proper maintenance and continued development is of great
importance. At this point in the development of the City, few oppor-
tunities remain for significant new housing growth. Housing goals and
policies at this stage are aimed chiefly at maintaining the high quality
of housing and the pleasant neighborhood environment which has been
established in St. Anthony. However, recognition is also given to the
need- for the City to strive to accommodate its fair share of the Region's
demand for housing affordable by families of limited means.
1 . Maintain and upgrade residential neighborhood environments.
Explanation: Quiet, attractive, and safe residential neighborhoods
are one of the hallmarks of St. Anthony. Preserving this asset should
be one of the prime aims of the City.
2. Provide new housing which complements the existing housing stock and-
attempts to meet the housing needs of a variety of potential city
residents.
• Explanation: In order to ensure some degree
� g ee of heterogeneity among
The City' s population as well as to avoid totally excluding all. mem-
bers of some particular segment of the Region's society who may have a
need to live in St. Anthony, a variety of housing types should be
developed in St. Anthony. Although limited opportunties exist -for _
further residential - development, the City should not, through its
Zoning Plan, place excessive restrictions on the ability of the pri-
vate housing market to meet perceived housing needs. However, the
City should actively encourage the development of townhouses,
duplexes, quadram i n i ums, and apartment buildings so as to be able to
satisfy various housing needs. The use of applicable Federal or State
housing assistance programs by private .builders should be also .
encouraged by the City. Finally, the development of housing designed
exclusively for the elderly should also be promoted.
.31
Housing Policies
1. Encourage the use of "planned unit' residential zoning for new
multiple-unit residential developments.
2. Ensure that any new multiple-family housing development strives for
achievement of high quality site planning and design.
3. Encourage the use of State or Federal housing rehabilitation funds by
eligible applicants for the stabilization, upgrading, or removal of
residential structures.
4. Encourage the preservation and maintenance of residential structures by
private means whenever possible.
5. Review and revise as necessary municipal land use policies, building
requirements, and development review procedures to ensure that they do
not unnecessarily impede the development of housing affordable to per-
sons of "low- and moderate-income."
6. Encourage the development of market-rate housing of medium densities
(5-10 dwelling unit per net acre) when functional and aesthetically •
pleasing site plans can be assured. '
7. Encourage the construction by the private housing market of residential
structures affordable to individuals of "low- and moderate-income."
8. Encourage developers of medium- and high-density housing to incorporate
into their plans, provisions for dwelling units which will be sub-
sidized by the Federal and/or State Government and, thus, be affordable
to persons of "low- and moderate-income."
9. Develop housing designed specifically for the elderly which offers
publicly subsidized rents and an attractive, supportive, respectable
environment in a location accessible to shopping facilities and public
transit routes.
10. Encourage the development of at least 10 percent of the newly
constructed subsidized dwelling units which have 3 or more bedrooms to
help meet the needs of large families of limited income.
11 . Housing units built or acquired for subsidized rental should not be
readily distinguishable from market-rate housing units.
12. To the extent possible, rent-subsidized housing units should not be
geographically concentrated but should be spread throughout the com-
munity to minimize deleterious effects to those persons assisted and to
32
• The City' s neighborhoods. (This policy does not apply to housing
designed for the elderly. )
13. Enforce the City Building Code in regard to multiple-family dwellings.
14. Strive to accommodate its share of the metropolitan area's demand for
low- and moderate-cost housing as outlined in the Metropolitan
Council 's 10 Year Community Fair Share Goal for Low and Moderate Income
Housing.
15. Encourage complete insulation and weatherization of all residential
structures in St. Anthony to reduce overall residential energy require-
ments.
16. Encourage residential developers to develop their subdivision site
plans and/or orient .building construction to take maximum advantage of
the passive solar heat gain potential of southern exposures and shall
discourage through the site review process the blockage of another
development's existing solar access.
33
Transportation Goals
The efficient movement of people and goods within and across the city is
essential to the full utilization of all land parcels and to allowing resi-
dents to make use of the services and opportunities the City and the metro-
politan area present. The transportation system of the City of St. Anthony
is fully developed but continued refinements and improvements need to be
made. The following goals for the transportation system are presented.
1 . Continue the development of the transportation system so that all modes
of movement and all age groups are served.
Explanation: Although the automobile will very likely continue to
function as the primary mode of transportation in St. Anthony, provi-
sions should continue to be made to assist the safe and convenient
movement of bicyclists and pedestrians. Also, the Metropolitan Transit
Commission (MTC) should be kept advised of what the City perceives as
unmet demand for public transit so that the MTC may upgrade service
periodically.
2. Provide adequate level road service without attracting undesirable
through traffic.
Explanation: Streets such as Silver Lake Road can lose- their effec-
tiveness as local movement and access facilities if they begin to carry
too great a load of through traffic. Local and intermediate roads
should not be allowed to be overdesigned, so that they attract traffic
from the larger nearby traffic arteries which were designed to accom-
modate great numbers of inter-municipality vehicle trips.
3.0 Review the transportation planning process of the Minnesota Department
of Transportation, Metropolitan Council Transportation Division, the
Hennepin County Transportation Department, the Ramsey County Department
of Transportation,. and adjacent municipalities in order to protect its
own interests.
Explanation: The transportation needs and desires of the City of St.
Anthony can best be satisfied through effective communication with
those agencies and governmental entities which have an influence over
the design of certain elements of the City's roadway system.
•
34
o
• Transportation Policies
I . Consider the mobility needs of all persons, .especially senior citizens,
children, and the handicapped, in the continued development of the
transportation system.
2. Plan transportation facilities to serve the access and volume needs of
adjacent and nearby land uses.
3. Continue the development of the pedestrian and bicycle system.
4. Prepare and annually update a Capitol Improvements Program for the
upgrading and maintenance of the roadway system.
._5. Ensure that alternatives i'n the design of the arterial road system are
compatible with the system of local streets and pedestrian and bicycle
routes.
6. Establish proper access points to concentrations of residential ,
retail , service, office, or industrial development.
• 7. Provide for early and continuing citizen involvement in the transpor-
tation planning process..
8. Install traffic controls and/or redesigned roadways and intersections
as necessary and financially feasible to minimize traffic movement on
local streets through residential neighborhoods.
35
Public Facilities/Services
Goals 0
1 . Emphasize economy and efficiency in all aspects of public facilities
and services:
Explanation: The public demand for efficiency in government is not
just desirable but necessary in St. Anthony due to the City's limited
tax base and fiscal limitations.
2. Coordinate facilities and services on a joint basis between governmen-
tal units.
Explanation: In order to more efficiently utilize and conserve scarce
land resources and eliminate costly duplication of facilities and ser-
vices, it is becoming increasingly important for city and county
governments, school districts and metropolitan governmental units to
work together to maximize the benefits of various facilities and ser-
vices to all the residents of this area. On the community level the
City should work with the .school district to coordinate the provision
of recreations facilities (amongst other things) and the programming
of recreational activities. Relative to .adjacent suburban communities
and the metropolitan area as a whole, facilities and services such as
parks and open space areas, libraries, and pub I i c utilities should be
planned and developed on a coordinated basis.
3,. Through sound management and budget practices, enhance the City's
fiscal health.
Explanation: Limited resources and rising costs make careful budgeting,
fiscal planning, and spending essential . A Capital Improvements
Program which outlines expected City income, needed expenditures for
public physical improvements, and potential funding sources is one
important tool which may be utilized by the City to help provide for
continued financial stability.
4. Restrict the increase in municipal costs to no more than the rate of
Inflation of the general economy or less, if at all possible.
Explanation: Costs of government at all levels is coming under greater
scrutiny and criticism. Efforts should be made to keep the government
of the City of St. Anthony as streamlined as possible while still deli-
vering necessary and desirable services. Over-dependence on State and
Federal aid for basic local needs should be avoided, lest cutbacks in
such assistance jeopardize their delivery and suddenly. increase pro
perty taxes and user fees.
36
• 1593g
REDEVELOPMENT AGREEMENT
REDEVELOPMENT PROJECT NO. 2
(EVERGREEN TOWNHOMES)
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, MINNESOTA
AND
•
NEDEGAARD CONSTRUCTION COMPANY, INC.
September 1989
• TABLE OF CONTENTS
Section 1 . 1 Definitions
Section 2 . 1 By HRA
Section 2 . 2 By Redeveloper
Section 3 . 1 Purchase
Section 3 . 2 Use
Section 3 . 3 Declaration of Restrictions
Section 3 .4 Indemnity Agreement
Section 4 . 1 Construction Plans
Section 4 . 2 Construction of Minimum Improvements
Section 4 . 3 Commencement and Completion of
Soil Corrections
• Section 4 . 4 Certificate of Completion
Section 5 . 1 Defense of Claims
Section 5 . 2 Insurance
Section 6 . 1 Issuance of Note and Payment of
Proceeds of Note to Redeveloper
Section 6 . 2 Taxes
Section 7 . 1 Mortgage Financing
Section 7 . 2 Limitation Upon Encumbrance
of Property
Section 7 . 3 Approval of Mortgage
Section 7 . 4 Copy of Notice of Default
of Mortgagee
Section 7 . 5 Termination of Financing Restrictions
•
described in Minnesota Statutes , Sections 469 . 174 through •
469 . 179 to finance a portion of the cost of certain soil
correction in the Project Area; and
WHEREAS, the HRA believes that redevelopment of the
Project Area pursuant to this Agreement is in the best
interests of the City and benefits the health, safety, morals
and welfare of its residents , and complies with the applicable
state and local laws and requirements under which the Project
has been undertaken and is being assisted. .
NOW, THEREFORE, in consideration of the foregoing
premises and the mutual obligations set forth in this
Agreement, the parties hereto hereby agree as -follows :
ARTICLE 1
Definitions
Section 1 . 1 . Definitions . In this Agreement, unless
a different meaning clearly appears from the context :
"Act" means Minnesota Statutes, Sections 469 . 001 through
469 . 047 .
"Agreement" means this Agreement, as the same may be from time
to time modified, amended or supplemented.
"Certificate of Completion" means . a certification in the form
attached as Exhibit A, to be provided to Redeveloper , or a
purchaser of part of the Redevelopment- Property, pursuant to
this Agreement .
"City" means the City of St . Anthony, Minnesota .
"Construction Plans" means the plans, specifications , drawings
and related documents for the construction work to be performed
by the Redeveloper on the Redevelopment Property, which (a)
shall be at least as detailed as the plans , specifications ,
drawings and related documents which are submitted to the
building inspector of the City and (b) shall include at least
the following : ( 1) site plan; (2) foundation plan; (3)
basement plans; (4) floor plan for each floor ; (5) elevations
on all sides; (6) landscape plan; (7) grading plan; and (8)
utility plan.
"Event of Default" means as set forth in Section 9 . 01 hereof .
"Gross Tax Capacity" means the value of real property as
determined by the assessor for the City in accordance with
•
-2-
• Minnesota Statutes, Section 273 . 13 against which the real
property tax is imposed.
"Indemnity Agreement" means the Indemnity Agreement from
Bruce A. Nedegaard and the Redeveloper to the HRA in the form
set forth as Exhibit C hereto .
"Minimum Improvements" means the improvements described in
Schedule B attached to this Agreement .
"Mortgage" means any mortgage made by Redeveloper which covers ,
in whole or in part, the Redevelopment Property and is approved
by the HRA under Article 8 .
"Mortgagee" means the owner or holder of a Mortgage .
"Net Proceeds" means any proceeds paid by an insurer to
Redeveloper and the HRA under a policy or policies of insurance
required under Article S and remaining after deducting all
expenses ( including fees and disbursements of counsel) incurred
in the collection of the proceeds .
"Note" means the Tax Increment Revenue Note of the HRA issued
pursuant to the Note Resolution.
• "Note Resolution" means Resolution No . of the Board of
Commissioners of the HRA adopted 1989 , authorizing
the issuance and setting forth the terms of the Note.
"Project" means that portion of the redevelopment project in
the City known and referred to as the Evergreen Townhomes
Redevelopment Project which is to be located on the
Redevelopment Property.
"Project Area" means the. area designated for redevelopment by
the HRA pursuant to the Redevelopment Plan and the Act .
"Plans" means Redeveloper ' s plans dated , 1988 for
redevelopment of the Redevelopment Property as submitted to the
City and the HRA, with any subsequent amendments approved by
the HRA and the HRA.
"Redevelopment Plan" means the Redevelopment Plan approved by
the City on , .1989 , as amended.
"Redevelopment'Property" means the property described on
Schedule A attached hereto .
"Restrictions" means the easements, covenants , conditions and
restrictions set forth in Exhibit B.
•
-3-
"Section" means a Section of this Agreement , unless used in •
reference to Minnesota Statutes .
"Soil Corrections" means the soil corrections to be made to the
Redevelopment Property as represented in the site plan for the
construction of the Minimum Improvements as presented to the
City Council and performed in accordance with this Agreement .
"State" means the State of Minnesota .
"Tax Increment" means that portion of the real estate taxes
paid with respect to the Redevelopment Property which is
remitted to the HRA as tax increment pursuant to the Tax
Increment Act .
"Tax Increment Act" means Minnesota Statutes , Sections 469 . 174
through 469 . 179 .
"Tax Increment District" means Tax Increment District No . 2
Ramsey County created by the HRA in connection with the Project .
"Tax Increment Financing Plan means Tax Increment Financing
Plan for Tax Increment Financing District No . 2 Ramsey County
approved by the HRA and the City Council and dated
1989 .
Time Table" means the schedule of performance dates for certain
actions by Redeveloper under this Agreement , attached hereto as.
Schedule C and made a part hereof .
$'Unavoidable Delay" means a failure or delay in a party' s
performance of its obligations under this Agreement , or during
any cure period specified in this Agreement which does not
entail the mere payment of money, not within the party' s
reasonable control , including but not limited to acts of God,
governmental agencies, the other party, strikes, labor disputes
(except disputes which could be resolved by using union labor) ,
fire or other casualty, or lack of materials ; provided that
within 10 days after a party impaired by the delay has
knowledge of the delay it shall give the other party notice of
the delay and the estimated length of the delay, and shall give
the other party notice of the actual length of the delay within
10 days after the cause of the delay has ceased to exist. The.
parties shall pursue with reasonable diligence the avoidance
and removal of any such delay. Unavoidable De-' ay shall not
extend performance of any obligation unless the notices
required in this definition are given as herein required.
•
-4-
• ARTICLE 2
Representations and Warranties
Section 2 . 1 . By HRA. HRA makes the following
representations to Redeveloper :
(a) HRA is a housing and redevelopment authority duly
organized and existing under the laws of Minnesota . Under the
provisions of the Act , HRA has the power to enter into this
Agreement and carry out its obligations hereunder .
(b) The Project is a " redevelopment project" within
the meaning of the Act and was created, adopted and approved in
accordance with the terms of the Act .
(c) The Tax Increment District is a "tax increment
district" within the meaning of the Tax Increment Act and was
created, adopted and approved in accordance. with the terms of
the Tax Increment Act .
(d) The Soil Corrections constitute public
redevelopment costs as defined in Minnesota Statutes,
Section .469 . 033 , which are permitted to be paid from Tax.
Increment , pursuant to Minnesota Statutes, Section 469 . 176,
subdivision 4b. The HRA proposes to financially assist
Redeveloper by reimbursing all or a portion of the
Redeveloper ' s costs for the Soil Corrections from proceeds of
the Note .
(e) HRA makes no representation or warranty that the
'Redevelopment Property soils or other conditions are suitable
for the intended redevelopment after the Soil Corrections are
completed.
Section 2 .2 . By Redeveloper . Redeveloper represents
and warrants that :
- (a) Redeveloper is a corporation duly organized under
the laws of the State, has power to enter into this Agreement ,
and has duly authorized the execution, delivery and performance
of this Agreement .
(b) Redeveloper will , subject to Unavaoidable Delays ,
construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement , the Redevelopment
Plan, the Act, and all local , state and federal laws and
regulations .
(c) It is anticipated that the Minimum Improvements
will be constructed .so as to have an Gross Tax Capacity of at
least $57, 499 .
-5-
(d) Redeveloper has received no notice or •
communication from any local, state or federal official that
the activities of Redeveloper or HRA in the Project Area may be
or will be in violation of any environmental law or regulation .
Redeveloper is aware of no facts the existence of which would
cause it to be in violation of any local , state or federal
environmental law, regulation or review procedure.
(e) The Soils Corrections are estimated to cost from
$ to $
i (f) . Redeveloper is* ready, willing and able to acquire
the Redevelopment Property.
(g) Subject to Unavoidable Delays , Redeveloper will
complete the Minimum Improvements according to the Time Table .
(h) Neither the execution or delivery of this
Agreement, the consumation of the transactions contemplated
hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented by, limited by,
conflicts with, or results in a breach of, any restriction,
agreement or instrument to which Redeveloper is now a party or
by which it is bound .
ARTICLE 3
Acquisition and Use of Redevelopment Property;
Indemnity Agreement
Section 3 . 1 Purchase. Redeveloper agrees to purchase
the Redevelopment Property so as to perform its obligations
according to the Time Table and otherwise in accordance with
this Agreement .
Section 3 . 2 Use. Redeveloper ' s use of the
Redevelopment Property shall be subject to all of the
conditions , covenants , restrictions and limitations imposed by
the Redevelopment Plan, this Agreement , the Restrictions and
all applicable laws, ordinances and regulations .
Section 3 . 3 Declaration of Restrictions . Redeveloper
shall prepare, execute, and record on the title to the
Redevelopment Property a Declaration of Covenants and
Restrictions , in form approved by the HRA, which includes the
Restrictions set forth on Exhibit B.
Section 3 .4 Indemnity Agreement . Redeveloper - shall
execute the Indemnity Agreement and shall cause the Indemnity
Agreement to be executed by Bruce A. Nedegaard, and shall
deliver the Indemnity Agreement to the HRA simultaneously with •
the execution and delivery of this Agreement by the Redeveloper .
-6-
• ARTICLE 4
Construction of Minimum Improvements
Section 4 . 1 Construction Plans . Redeveloper shall
submit Construction Plans to the HRA according to the Time
Table. The Construction ,Plans shall provide for construction
of the Minimum Improvements in conformity with the
Redevelopment Plan, the Plans, this Agreement, and all
applicable state and local laws and regulations . The HRA shall
approve the Construction Plans in writing if, in the reasonable
discretion of the HRA, the Construction Plans :
(a) substantially conform to the Plans and subsequent
amendments approved by the HRA; conform to the terms and
conditions of this Agreement ; (b) conform to the terms and
conditions of the Redevelopment Plan; (c) conform to all
applicable federal, state and local laws , ordinances , rules and
regulations; (d) are adequate to provide for construction of
the Minimum Improvements ; (e) provide for the Soil Corrections;
(f) provide for minimum disturbance to neighboring properties
during the Soil Corrections and construction of the Minimum
Improvements; (g) do not provide for expenditures in excess of
the funds available to Redeveloper for the. the Soil Corrections
and construction of the Minimum Improvements; and (h) no Event
of Default has occurred.
No approval by the HRA shall relieve Redeveloper of
the obligation to comply with the terms of this Agreement, the
terms of the Redevelopment Plan, applicable federal , state and
local laws , ordinances , rules and regulations, or to properly
demolish the existing buildings or construct the Minimum
Improvements . No approval by the HRA shall constitute a waiver
of an Event of Default . Any disapproval of the Construction
Plans shall set forth the reasons therefor, and shall be made
within 30 days after the date of their receipt by the HRA. If
HRA rejects the .Construction P.lans , in whole or in part ,.
Redeveloper shall submit new or corrected Construction Plans
within 30 days after written notification to Redeveloper of the
rejection. The provisions of this Section relating to .
approval , rejection and resubmission of corrected Construction
Plans shall continue to . apply until the Construction Plans have
been approved by HRA. .
Section ,4 . 2 Construction of Minimum Improvements .
(a) Subject to Unavoidable Delays, Redeveloper will.
construct the Minimum Improvements without encroachment onto
any other property all in accordance with the Plans , the
Construction Plans and the Time Table .
•
-7-
(b) All work with respect to the Minimum Improvements •
shall be in substantial conformity with the Construction Plans
approved by the HRA. Redeveloper shall promptly begin and
diligently prosecute to completion the redevelopment of the
Redevelopment Property through the construction of the Minimum
Improvements . Redeveloper shall make reports , in such detail
and at such times as may reasonably be requested by the HRA, as
to the actual progress of Redeveloper with respect to
construction of the Minimum Improvements .
(c) Redeveloper shall not interfere with, or
construct any improvements over, any public street or utility
easement without the prior written approval of the City. All
connections to public utility lines and facilities shall be
subject to approval of the City and any private utility company
involved. Except for public improvements which are assessable
by the City or other governmental body against other benefited
properties , all street and utility installations, relocations ,
alterations and restorations shall be at Redeveloper ' s expense
and without expense to the City or the HRA. Redeveloper at its
own expense shall replace any public facilities or utilities
damaged during the construction of, the Minimum Improvements .
Section 4 . 3 Commencement and Completion of Soil
Corrections . As soon as reasonably possible after conveyance
to Redeveloper, and subject to Unavoidable Delays, Redeveloper
shall undertake the Soil Corrections . Subject to Unavoidable
Delays, Redeveloper shall complete or cause to be completed the
Soil Corrections in accordance with the Time Table. Upon
completion of the Soil Corrections Redeveloper will provide the
HRA with a statement in form and detail reasonably satisfactory
to the HRA showing the costs of such work. Upon delivery of
the statement referred to in the preceeding sentence to the
HRA, the HRA will reimburse the Redeveloper for all or a
portion of the Redeveloper ' s costs of the Soil Corrections from
proceeds received by the HRA from the sale of the Note as
provided in Section 6 . 1 hereof . The Redeveloper acknowledges
that in undertaking the Soil Corrections it is in no manner
acting as an agent of the HRA.
Section 4 . 4 Certificate of Completion .
(a) Promptly after completion of any townhouse unit
included in the Minimum Improvements in accordance with this
Agreement , Redeveloper will provide the HRA with a certificate
of substantial completion from Redeveloper ' s architect , and the
HRA will furnish Redeveloper with an appropriate Certificate of
Completion as conclusive evidence of satisfaction and
termination of the agreements and covenants of this Agreement
(except as to the Restrictions which expressly survive the
filing of the Certificate of Completion) with respect to the
-8-
obligations of Redeveloper to construct such unit . Any
Certificate of Completion furnished by the HRA shall not
constitute evidence of * compliance with or satisfaction of any
obligation of Redeveloper to any Mortgagee .
(b) If the HRA shall refuse or fail to provide a
Certificate of Completion, the HRA shall , within 15 days after
the Redeveloper provides the architect ' s certificate referenced
in- Section 4 . 4 (a) , provide Redeveloper with a written statement
specifying in what respects Redeveloper has failed to complete
the specific unit of the Minimum Improvements in accordance
with this Agreement, or is otherwise in default , and what
measures or acts will be necessary, in the opinion of the HRA,
for Redeveloper to obtain the Certificate of Completion.
(c) The construction of the Minimum Improvements will
be deemed substantially completed when the City has issued a
certificate of occupancy for the all of the Minimum
Improvements and has made a finding that the improvements
conform to the Construction Plans..
ARTICLE 5 . "
Defense of Claims ; Insurance
• Secti'on .b . l Defense of Claims . Redeveloper shall
indemnify and hold harmless the HRA and the City and their
respective o'ffi.cers, employees and agents for any loss , damages
and expenses ( including attorneys ' fees) in connection with any
claims or proceedings arising from damages or injuries received
or sustained by any person or property by reason of -any actions
or omissions of Redeveloper or its contractors , agents,
officers or employees under this Agreement , other than claims
or proceedings arising from any negligent or unlawful acts or
omissions of the HRA, the City or their contractors , agents ,
officers or employees , and from any loss , damages and expenses
(including attorney' s fees) that may be occasioned by any
claims or proceeding brought by the initial owner of the Note
or any _person to whom the. Note is transferred by 'such initial
owner, pertaining to the issuance, sale and delivery of the
Note and performance by the HRA of its obligations under the
Note Resolution (other. than any claim or proceeding relating to
the establishment of the Redevelopment Plan, Project or Tax
Increment District by the HRA or authority of HRA to execute
this Agreement or the Note or to perform thereunder).. Promptly
after receipt by the HRA or City of notice of the commencement
of any action in respect of which indemnity may be sought
against the Redeveloper under this Section 5 . 1 , such person
will notify the Redeveloper in writing of the commencement
thereof , and, subject to the provisions hereinafter stated, the
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Redeveloper shall assume the defense of such action ( including
the employment of counsel , who shall be counsel satisfactory to
the HRA or City, as the case may be, and the payment of
expenses) insofar as such action shall relate to any alleged
liability in respect of which indemnity may be sought against
the Redeveloper . The HRA or the City shall have the right to
employ separate counsel in any such action and to participate
in the defense thereof , but the fees and expenses of such
counsel shall not be at the expense of the Redeveloper unless
the employment of such counsel has been specifically authorized
by the Redeveloper . The Redeveloper shall not be liable to
indemnify any person for any settlement of any such action
effected without its consent . The omission to notify the
Redevel'oper as herein provided will not relieve it from any
liability which it may have to any indemnified party pursuant
hereto, otherwise than under this section.
Section 5 . 2 Insurance.
(a) Redeveloper will provide the following insurance
at the time of conveyance of Redevelopment Property to
Redeveloper and will maintain such insurance at all times
during the process of constructing the Minimum Improvements ,
and thereafter to the extent the Minimum Improvements are owned
by Redeveloper , and at the request of the HRA will furnish the
HRA with copies of and proof of payment of premiums on the •
following insurance:
( i) Builder ' s risk insurance, written on the
so-cal-led- "Builder ' s,-Risk --- -Completed -Value- -Basis,-" - -
in an amount equal to 100% of the replacement costs of
the Minimum Improvements at the date of completion,
naming the HRA as an additional insured, with coverage
on the so-called "all risk, " nonreporting form of
policy;
( 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 with respect to the Redevelopment Property,
in the minimum amount for each occurrence and for each
year of $1 , 000 ,000 , endorsed to show the HRA and the
City as additional insureds ; and
(iii) Worker ' s compensation insurance in compliance
with all statutory requirements .
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• The policies of insurance required under clauses ( i) , ( ii) and
( iv) above shall be in form and- content satisfactory to the HRA
and shall be placed with financially sound and reputable
insurers licensed to transact business in the State of
Minnesota . The .pol.icies shall contain an agreement of the
insurer to give not less than 30 days ' advance written notice
to the HRA in the event of cancellation of such policy or
change affecting the coverage .
(b) The provisions herein with respect to insurance
of the Minimum Improvements shall terminate with respect to any
unit included in the Minimum Improvements at such time as the
Redeveloper has received a Certificate of Completion under
Section 4 . 4 of the Agreement with respect to such unit and such
unit is no longer owned by the Redeveloper .
ARTICLE 6
Issuance of Note and
Payment of Taxes
Section 6. 1 Issuance of Note and Payment of Proceeds
of Note to Redeveloper . The Redeveloper has arranged for the
sale of the Note to , and acknowledges
that the HRA and City have no responsibility with respect to
• the sale of the Note, other than the application of the
proceeds thereof received from such -purchaser . Upon completion
of the Soil Corrections and delivery to the HRA of the
statement required under Section 4 . 3 hereof as to the costs of
the Soil Corrections , the HRA will deliver to the Redeveloper
any proceeds received from the HRA from sale of the Note up to
the costs of the Soil Correction as shown in the statement
required under Section 4 . 3 hereof . The Redeveloper
acknowledges that it has reviewed the form of the Note and Note
Resolution and approves the terms thereof . The Redeveloper
further acknowledges that the Note is a limited obligation of
the HRA, and shall not be payable from any funds of the HRA
other than the tax increment revenue derived from the Tax
Increment District specifically pledged to the payment thereof
under the Note Resolution.
Section 6 . 2 _Taxes . Redeveloper shall pay when due
all real estate taxes and installments of special assessments
payable on the Redevelopment Property subsequent to the date
title to the Redevelopment Property is conveyed to Redeveloper
and prior to the date of sale of the Minimum Improvements , or
portions thereof, to purchasers .
•
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ARTICLE 7
Mortgage Financing
Section 7. 1 Mortgage Financing . Mortgage financing
for construction of the Minimum Improvements shall be in
accordance with this Article. The HRA agrees to cooperate with
Redeveloper in Redeveloper ' s efforts to obtain such mortgage
financing .
Section 7 . 2 Limitation Upon Encumbrance of Property.
Prior to the completion of the Minimum Improvements, as
certified by the HRA, neither Redeveloper nor any successor in
interest to the Redevelopment Property or any part thereof
shall engage in any financing or any other transaction creating
any Mortgage or other encumbrance or lien upon the
Redevelopment Property, whether by express agreement or
operation of law, or suffer any encumbrance or lien to be made
on or attach to the Redevelopment Property, except with the
prior written approval of the HRA, which approval will not be
unreasonably withheld if the encumbrance is to secure a loan
for the purposes of obtaining funds only to the extent
necessary for acquiring the Redevelopment Property and
development of the Minimum Improvements . The HRA shall not
approve any Mortgage which does not conform to the requirements
of this Agreement .
Section 7 .3 Approval of Mortgage. The HRA shall •
approve a Mortgage if the HRA first (a) receives a copy of all
mortgage documents; (b) determines , in its reasonable
discretion, that the Mortgagee is a responsible lender capable
of making the mortgage loan; (c) determines , in its reasonable
discretion, that the mortgage loan, together- with other funds
available to Redeveloper , will be sufficient to construct the
Minimum Improvements ; (d) determines that no Event of Default
has occurred; and (e) determines, in its reasonable discretion,
that the terms of the Mortgage conform to the terms of this
Agreement .
Section 7 .4 Copy of Notice of Default to Mortgagee.
Whenever the HRA shall deliver any notice or demand to
Redeveloper with respect to any breach or default by
Redeveloper in its obligations or covenants under this
Agreement , the HRA shall at the same time forward a copy of
such notice or demand to the Mortgagee at the last address of
such Mortgagee shown in the records of the HRA.
Section 7. 5 Termination of Financing Restrictions .
All restrictions on financing contained in this Article 7 shall
terminate with respect to the Minimum Improvements or any
individual townhouse unit included therein, at such time as a
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• Certificate of Completion has been issued by the HRA under
Section 4 . 4 of this Agreement with respect to all of the
Minimum Improvements or the particular unit in question.
ARTICLE 8
Prohibitions Against Assignment and Transfer
Section 8 . 1 Representation as to Redevelopment . The
Redevelope.r represents and agrees that its purchase of the
Redevelopment Property, and its other undertakings pursuant to
the Agreement are, and will be used, for the purpose of
redevelopment of the Redevelopment Property. The Redeveloper
further recognizes that a transfer of a controlling interest in
the Redeveloper or any other act or transaction resulting in a
significant change in the ownership are of particular concern
to the City and the HRA.
Section 8 . 2 Transfer of Ownership . Prior to
completion of the Minimum Improvements as certified by the HRA,
except in the case of the death or incompetency of. the
Guarantor or the shareholders of Redeveloper, (a.) there shall
be no transfer of any interest of a shareholder in Redeveloper ,
(b) nor shall any officer or shareholder suffer any such
transfer to be made, (c) nor shall there be or be suffered to
• be by Redeveloper , any other similarly significant change in
the ownership of Redeveloper or in the relative distribution
thereof, or with respect to the identity of the parties in
control of Redeveloper or the degree thereof , by any other
method or means , (d) nor shall Bruce A. Nedegaard cease to be a
controlling shareholder of Redeveloper.
Section 8 . 3 Transfer of Property and Assignment .
Except for reservations or purchase agreements for individual
townhouse units , Redeveloper has not made and will not make, or
suffer to be made, any total or partial sale, assignment,
conveyance, lease, or other transfer, with respect to this
Agreement or the Redevelopment Property or any part thereof or
any interest therein, or any contract or agreement to do any of
the same, without the prior written approval of the HRA,, which
approval shall not be unreasonably withheld if Redeveloper has
completed the Minimum Improvements . The HRA shall be entitled
to require as conditions to any such approval that : ( i) the
proposed transferee have the qualifications and financial
responsibility, as reasonably determined by the HRA, necessary
and adequate to fulfill the obligations undertaken in this
Agreement by Redeveloper; ( ii) the proposed transferee, by
recordable instrument satisfactory to the HRA shall , for itself
and its successors and assigns , assume all of the obligations
of Redeveloper under this Agreement . No transfer of , or change
•
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with respect to, ownership in the Redevelopment Property or any •
part thereof, or any interest therein, however consummated or
occurring and whether voluntary or involuntary, shall operate,
legally or practically, to deprive or limit the HRA of or with
respect to any rights or remedies or controls provided in or
resulting from this Agreement with respect to the Redevelopment
Property and the construction of the Minimum Improvements that
the HRA would have had, had there been no such transfer or
change . There shall be submitted to the HRA for review all
legal documents relating to the transfer .
In the absence of specific written agreement by the
HRA to the contrary, no such transfer or approval by the HRA
thereof shall be deemed to relieve Redeveloper, or any other
party bound in any way by this Agreement or otherwise with
respect to the construction of the Minimum Improvements , from
any of its obligations with respect thereto.
Section 8 . 4 Information as to Ownership of
Redeveloper. Redeve.loper will promptly notify the HRA of any
changes in the ownership of Redeveloper, or with respect to the
identity of the parties in control of - Redeveloper or the degree
thereof, of which it has been notified or otherwise had
knowledge. Redeveloper shall , at such time or times as the HRA
may request, furnish the HRA with a complete statement,
subscribed and sworn to by an officer of the Redeveloper,
setting forth all of the owners of Redeveloper and the extent
of their respective holdings .
Section 8 . 5 Terminat.ion of Limitations on Transfer .
All provisions contained in this Article 8 with respect to
limitations on the ability of the Redeveloper to transfer the
Redevelopment Property or Minimum Improvements , or any portion
thereof shall terminate with respect to the Minimum
Improvements or individual townhouse units at such time as a
Certificate of Completion has been issued by the HRA under
Section 4 .4 of this Agreement with respect to all of the
Minimum Improvement or the particular unit in question. All
provisions contained in this Article 8 with respect to
limitations on the Redeveloper making changes in its ownership
structure shall terminate at such time as a Certificate of
Completion has been issued pursuant to- Section 4 . 4 with respect
to all Minimum Improvements .
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• ARTICLE 9
Events of Default
Section 9 . 1 Events of Default . The following shall
be "Events of Default" under this Agreement and the term "Event
of Default" shall mean, whenever it is used in this Agreement
(unless the context otherwise provides) , any one or more of the
following events which occurs prior to the issuance of -the
Certificate of Completion by the HRA under Section 4 . 4 of this
Agreement with respect to all of the Minimum Improvements and
continues for more than 30 days after notice by the HRA to
Redeveloper of such default ( and the term "default" shall mean
any event which would with the passage 'of time or giving of
notice, or both, be an "Event of Default" hereunder) :
(a) Failure of Redeveloper to construct or
reconstruct the Minimum Improvements as required hereunder .
(b) Failure of Redeveloper to furnish the
Construction Plans as required hereunder.
(c) Failure of Redeveloper to pay real estate taxes '¢
as required hereunder .
(d) Failure of Redeveloper to observe and perform any
other covenant , condition, obligation or agreement on its part
• to be observed or performed hereunder .
(e) If Redeveloper shall admit in writing its
inability to pay its debts generally as they become due, or
shall file a petition in bankruptcy, or shall make an
assignment for the benefit of its creditors, or shall consent
to the appointment of a receiver . of itself or of the whole or
any substantial part of the Redevelopment Property.
(f) I'f Redeveloper shall file a petition or answer
seeking reorganization or arrangement under the federal
bankruptcy laws .
(g) If Redeveloper, on a petition in bankruptcy filed
against it , be adjudicated a bankrupt , or a court of competent
jurisdiction shall enter an order or decree appointing , without
the consent of the Redeveloper , a receiver of all or
substantially all of its property, or approve a petition
seeking reorganization or arrangement under the federal
bankruptcy laws , and such adjudication, order or decree shall
not be vacated or set aside or stayed within 60 days from the
date of entry thereof .
•
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(h) If Redeveloper is in default under any Mortgage •
and fails to cure any such default within the time period
provided for in the Mortgage .
Section 9 . 2 Remedies on Default . Whenever any Event
of Default referred to in Section 9 . 1 occurs , the HRA may take
any one or more of the following actions :
(a) Suspend its performance under this Agreement
until it receives assurances from Redeveloper , deemed adequate
by the HRA, that Redeveloper will cure its default and continue
its performance under this Agreement .
(b) Terminate all rights of Redeveloper under this
Agreement .
(c) Withhold the Certificate of Completion.
(d) Withhold the issuance of'-the Note.
(e.) Take whatever action at law or in equity may
appear necessary or desirable to the HRA to enforce performance
and observance of any obligation, agreement , or covenant of the
Redeveloper under this Agreement.
Section 9 . 3 . No Remedy Exclusive. No remedy herein •
conferred upon or reserved to the HRA 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 HRA or Redeveloper
to exercise any remedy reserved to it , it shall not be
necessary to give notice, other than such notice as may be
required under this Agreement .
Section 9 . 4 . Waiver-s . All waivers by the HRA, shall
be in writing . If any provision of this Agreement is 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 .
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• ARTICLE 10
Additional Provisions
Section 10 . 1 Conflict of Interests ; HRA
Representatives Not Individually Liable . No member, official ,
employee, or consultant or employees of the consultants of the
HRA shall have any personal interest, direct or indirect , in
this Agreement , nor shall any such member, official, consultant
or the consultant ' s employees or employee. participate in any
decision relating to this Agreement which affects his or her
personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or
indirectly interested. No member, official, consultant or the
consultant ' s employees , or employee of the HRA shall be
personally liable to Redeveloper, or any successor in interest,
in the event of any default or breach by the HRA or for any
amount which may become due to Redeveloper or successor or on
any obligations under the terms of .this Agreement .
Section 10 .2 Equal Employment Opportunity.
Redeveloper, for itself and its successors and assigns , agrees
that during the construction of the Minimum Improvements it
will comply with any applicable affirmative action and
non-discrimination laws or regulations .
• Section 1,0 . 3 Restrictions on Use. Redeveloper agrees
for itself, and its successors and assigns , and every successor
in interest to the Redevelopment Property, or any -part thereof ,
that Redeveloper, and such successors and assigns , shall devote
the Redevelopment Property to, and only to and in accordance
with, the uses specified in the Redevelopment Plan and this
Agreement, and shall not discriminate upon the basis of race,
color , creed, sex or national origin in the sale, lease, or
rental or in the use or occupancy of the Redevelopment Property
or any improvements erected or to be erected thereon, or any
part thereof .
Section 10 . 4 Titles of Articles and Sections . Any
titles of the several parts, Articles, and Sections of this
Agreement are inserted for convenience of reference only and
shall be disregarded -in construing or interpreting any of its
provisions .
Section . 10 . 5 Notices and Demands . Except as
otherwise expressly provided in this Agreement , a notice,
demand, or other communication under this 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
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(a) in the case of Redeveloper, addressed to or
delivered personally to Redeveloper at 1920 Dain Tower,
Minneapolis , Minnesota 55402 , Attention: Vernon S. Hoium.
(b) in the case of the HRA, addressed or delivered
personally to the HRA' s Executive Director, 3301 Silver Lake
Road, St . Anthony, Minnesota 55418, 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 . 6 . Counterparts . This Agreement is
executed "in any number of counterparts, each of which shall
constitute one and the same instrument .
IN WITNESS WHEREOF, the parties have caused this
Agreement to be duly executed as of the date first above
written.
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, MINNESOTA
By
Its Chairman •
By
Its Secretary _
•
-18-
• STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN }
The foregoing instrument was acknowledged before me
this day of 1989 , by
Chairman and , Secretary of the Housing
and Redevelopment Authority of St . Anthony, Minnesota .
Notary Public
NEDEGAARD CONSTRUCTION COMPANY, INC.
By
Bruce A. Nedegaard
Its President
STATE OF MINNESOTA )
SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this day of , 1989 , by Bruce A. Nedegaard, the
President of Nedegaard Construction Company, Inc . , a Minnesota
corporation, on behalf of the corporation.
Notary Public
DRAFTED BY:
Dorsey & Whitney (WRS)
2200 First Bank Place East
Minneapolis, Minnesota 55402
•
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1594g •
SCHEDULE A
REDEVELOPMENT PROPERTY
•
1
•
• SCHEDULE B
MINIMUM IMPROVEMENTS
•
SCHEDULE C •
The following events shall take place, subject to Unavoidable
Delays (as defined in this Agreement) by the date specified .
TIME TABLE
Redevelopment
Contract
Section Task Date
7 . 3 HRA approval or disapproval of
Mortgage .
5 . 2 Redeveloper provides proof of
insurance.
3 . 1 Conveyance to Redeveloper .
a . Restrictions
4 . 1 Construction Plans submitted to HRA
and City.
a . HRA disapproval (30 days)
b. Redeveloper re-submits Plans
(30 days)
4 . 2 Construction begins .
4 . 3 Soil Corrections Completed.
4 . 3 Construction of Minimum Improvements
completed.
4 . 4 HRA issues or refuses to issue
Certificate of Completion.
•
EXHIBIT A
CERTIFICATE OF COMPLETION
WHEREAS, Evergreen Development Corporation, a
Minnesota corporation ("Owner" ) is the owner of the property in
the County of Hennepin and State of Minnesota described on
Exhibit 1 attached hereto and made a part hereof ( "Property" ) ;
and
WHEREAS, the Property is subject to the provisions of
a certain Redevelopment Agreement (the "Agreement" ) dated
, 1989 by and 'between Owner and the Housing and
Redevelopment Authority of St . Anthony, Minnesota (the "HRA" ) ;
and
WHEREAS, Owner has fully and duly performed all of the
covenants and conditions of Owner under the Agreement with
respect to the Property;
NOW, THEREFORE., it is hereby certified that all
requirements of Owner under the Agreement with respect to the
Property have been completed and duly and fully performed, and
• this instrument is to be conclusive evidence of the
satisfactory termination of the covenants and conditions of the
Agreement as they relate to the Property..
Dated this day of 198_.
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, MINNESOTA
By
Its Chairman
By
Its Secretary
STATE OF MINNESOTA ) i
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged- before me
this day of 198_, .by
Chairman and , Secretary of the Housing
and Redevelopment Authority of St . Anthony, Minnesota .
Notary Public
This Instrument Was Drafted By:
DORSEY & WHITNEY (WRS)
2200 First Bank Place East
Minneapolis, Minnesota 55402
•
EXHIBIT B
COVENANTS AND RESTRICTIONS
1 . The property described in the Agreement ("Property" ) shall
be used only for the construction, use and occupancy of the
Minimum Improvements defined in the Agreement .
2 . All buildings on the Property shall be located on the
Property as specified in the Plan. The exterior surfaces
of any- building on the Property shall . be finished with only
those materials as permitted under the Plan.
3 . All drainage shall be provided according to the Plan .
4 . All garages , storage buildings or maintenance buildings
("Accessory Buildings" ) shall be attached to the principal
structure within a closed passageway between the Accessory
Building and the principal structure.. All Accessory
Buildings shall be made of the -same material as the
principal structure.
5 . Any recreational areas specified in the Plan shall .be
maintained in a good, safe and clean condition.
• 6 . All parking lot areas , pedestrian walkways , and buildings
shall be illuminated only as provided in the Plan.
Parking lots and open areas shall be landscaped in
accordance with the Plan, and such landscaping and any
screening required under the Plan shall be maintained in a
good, safe and attractive condition.
8 . Except for temporary for sale signs permitted by City
ordinances , no signs shall be allowed on the Property
except those permitted under the Plan .
9 . Sidewalks shall be constructed only in accordance with the
Plan .
10 . Parking lots shall be built only in accordance with the
Plan and shall be maintained with a dust-free asphalt
surface and include raised concrete islands at the ends of
each row of parking to .define the circulation and protect
the parking area . The islands shall be at least 6 inches
high and constructed of concrete.
11 . Benches and bus shelters , if any, specified in the Plan
shall be maintained in a good, safe, clean and attractive
condition.
i
12 . All buildings, parking areas , open areas, landscaped areas,
and other improvements (collectively, the " Improvements" )
on the Property shall be maintained in a good, safe, clean
and attractive condition. If any of the Improvements are
damaged or destroyed by fire, storm or by any other means ,
they shall be restored or rebuilt in accordance with the
Plan to a condition and value equal to or greater than
their condition and value on the date of the destruction or
damage.
13 . The covenants and restrictions herein contained shall run
with the title to the Property and shall be binding upon
all present and future owners and occupants of the
Property; provided, however, that the covenants and
restrictions herein contained shall inure only to the
benefit of the Housing and Redevelopment Authority of St .
Anthony, Minnesota ("HRA" ) , and may be released or waived
in whole or in part at .any time, and from time to time, by
the sole act of the HRA, and variances may be granted to
the covenants and restrictions herein contained by the sole
act of the HRA. These covenants and restrictions shall be
enforceable only by the HRA, and only the HRA shall have
the right to sue for and obtain an injunction, prohibitive
or mandatory, to prevent the breach of the covenants and
restrictions herein contained, or to enforce the
performance or observance thereof . •
14 . The covenants and restrictions herein contained shall
remain in effect until and thereafter shall
be null and void.
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT, made and entered into as of
the day of May, 1989 , between BRUCE A. NEDEGAARD, whose
address is '
and NEDEGAARD CONSTRUCTION COMPANY, INC. , a. Minnesota
corporation, (collectively, the "Indemnitors" ) and the HOUSING
AND REDEVELOPMENT AUTHORITY OF ST. ANTYONY, MINNESOTA, a public
body corporate and politic, whose address is 3301 Silver Lake
Road, St . Anthony, Minnesota 55418, Attention: Executive
Director (the "HRA" ) .
WITNESSETH THAT:
WHEREAS, the HRA and Nedegaard Construction Company,
Inc . , a Minnesota corporation (the "Redeveloper" ) , have entered
into a Redevelopment Agreement , dated as of September 1989
(the "Redevelopment Agreement" ) , pursuant to which the
Redeveloper has agreed to construct certain Minimum
Improvements , as defined in the Redevelopment Agreement , and
the HRA has agreed to issue its Note, as defined in the x
Redevelopment Agreement, to provide funds to reimburse the
Redeveloper for costs of the Soil Corrections , as defined in
the Redevelopment Agreement ;
• WHEREAS, in order to induce the HRA to issue the Note
and to enter into the Redevelopment Agreement, Redeveloper has
agreed to obtain, and Indemnitors have agreed to give, this
Indemnity Agreement ; and
WHEREAS, Bruce A. Nedegaard owns. 100% of the
outstanding stock of the Corporation and the HRA has refused to
issue the Note and enter into the Redevelopment Agreement
unless this Indemnity Agreement is executed by Bruce A.
Nedegaard and delivered to the HRA; and
WHEREAS, the In finds it advantageous and
desirable to comply with the condition precedent that the
Indemnitors. execute and deliver the Indemnity Agreement .
NOW, THEREFORE, in consideration of the premises, of
the HRA issuing the Note and entering into the Redevelopment
Agreement and of other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by
Indemnitors , the Indemnitors hereby, jointly and severally,
covenant and agree with Lender as follows :
I . Indemnitors, for the HRA, their heirs , executors ,
administrators, personal representatives and assigns , hereby
• agree to indemnify and hold harmless the HRA and the City of
St . Anthony, Minnesota (the "City" ) and their respective s •
officers, employees and agents for any loss, damage , and
expenses (including attorneys ' fees) in connection with any
claim or proceedings arising from damages, or injuries received
or sustained by any person or property by reason of any actions
or omissions of Redeveloper or its contractors , agents ,.
officers or employees under the Redevelopment Agreement , other
than claims or proceedings arising from any negligent or
unlawful acts or omissions of the HRA, the City or their
contractors, agents, officers or employees, and from any loss ,
damages and expenses ( including attorneys ' fees) that may be
occasioned by any claims or proceedings brought by the initial
owner of the Note or by any person to whom the Note is
transferred by such initial owner, pertaining to the issuance,
sale and delivery of the Note and performance by the HRA of its
obligations under the Note Resolution, as defined in the
Redevelopment Agreement (other than any claims or proceedings
relating to the establishment of the Redevelopment Plan,
Project or Tax Increment District by the HRA or authority of
the HRA to execute the Redevelopment Agreement or the Note or
to perform thereunder) . Promptly after receipt by the HRA or
City of notice of -the commencement of any action in respect of
which indemnity may be sought against the Indemnitors under
this Section 1 , such person will notify the Indemnitors- in
writing of the commencement thereof, and, subject to the •
provisions hereinafter stated, the Indemnitors shall assume the
defense of such action ( including the employment of counsel,
who shall be counsel satisfactory to the HRA or City, as the
case may be, and the payment of expenses) insofar as such
action shall relate to any alleged liability in respect o-f
which indemnity may be sought against the Indemnitors . The HRA
or the City shall have the right to employ separate counsel in
any such action and to participate in the defense thereof, but
the fees and expenses of such counsel shall not be at the
expense of the Indemnitors unless the employment of- such
counsel has been specifically authorized by the Indemnitors .
The Indemnitors shall not be liable to indemnify any person for
any settlement of any such action effected without its
consent . The omission to notify the Indemnitors as herein
provided will not relieve it from any liability which it may
have to any indemnified party pursuant hereto , otherwise than
under this section.
2 . - Indemnitors hereby waive any and all legal
requirements that HRA, or its successors or assigns, must
institute any action or proceeding at law or in equity or
exhaust their rights, remedies and recourses against the
Redeveloper or anyone else with respect to the Redevelopment
Agreement, as a condition precedent to bringing an action
against Indemnitors upon this Indemnity Agreement . Indemnitors
•
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.:r
• agree that HRA may simultaneously maintain an -action upon this
Indemnity Agreement and an action or proceeding upon the
Redevelopment Agreement . All, remedies afforded to HRA and its
successors or assigns, by reason of this Indemnity Agreement,
are separate and cumulative remedies, and no one of such
remedies , whether exercised by HRA or its successors or
assigns , or not, shall .be deemed an exclusion of any of the
other remedies available to HRA or its successors or assigns ,
at law, in equity, by statute, under the Redevelopment
Agreement , hereunder or otherwise, and shall in no way limit or
prejudice any such other remedies which HRA or its successors
or assigns may have. Indemnitors further waive any requirement
that HRA demand or seek indemnity by the Redeveloper under the
Redevelopment Agreement as a condition precedent to bringing
any action against Indemnitors upon this Indemnity Agreement .
3 . Any notice, demand or request by HRA, or its
successors or assigns, to Indemnitors shall be in writing and
shall be deemed to have been duly given or made if mailed by
registered or certified mail , return receipt requested, to
Indemnitors at their addresses set forth in the caption hereof ,
or at such other address as Indemnitors may notify HRA of , in
writing, by registered or certified mail, return receipt
requested, at the address for each set forth in the caption
hereof, or at such other address of which each such party shall
• have so notified Indemnitors . Notice so mailed shall be deemed
given and made upon deposit in the United States mail .
4 . This Indemnity Agreement, for all purposes, shall
be interpreted and construed in accordance with the .-laws of the
State of Minnesota , in which state i-t is to be performed. The
unenforceability or invalidity of any provision or provisions
of this Indemnity Agreement as to any persons or circumstance
shall not render that provision nor any other provision or
provisions herein contained unenforceable. or invalid as to any
other persons or circumstance, and all provisions hereof , in
all other respects , shall . remain valid and enforceable.
5 . This instrument shall inure to the benefit of HRA
and its successors and assigns, and shall bind Indemnitors and
Indemnitors ' heirs , executors, administrators, personal
representatives and assigns . The obligations of each
Indemnitor under this Indemnity .Agreement shall be enforceable
in all events against such Indemnitor, his or her successors
and assigns , and each of them, and shall be enforceable, in the
event of the death of either Indemnitor, as a claim against his
or her estate or otherwise against the representatives of his
or her estate, his or her heirs-at-law, the devisees and
beneficiaries of his or her total estate and each of them.
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IN WITNESS WHEREOF, Indemnitors have duly executed •
this Indemnity Agreement as of the day and year first above
written.
BRUCE A. NEDEGAARD
NEDEGAARD CONSTRUCTION COMPANY, INC .
By
Bruce A. Nedegaard,
Its President
•
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• STATE OF )
COUNTY OF )
On the day of 1989 , personally
appeared before me BRUCE A. NEDEGAARD and to me personally
known, who acknowledged to me that he executed the foregoing
document.
IN WITNESS WHEREOF I have hereunto set my hand and
official seal this day of 1989 .
Notary Public
(Notarial Seal) for the State of
My Commission expires :
STATE OF )
COUNTY OF )
• The foregoing instrument was acknowledged before me
this day of 1989 , by Bruce A. Nedegaard, the
President of Nedegaard Construction Company, Inc . , a Minnesota
corporation, on behalf of the Corporation .
Notary Public
(Notarial Seal) for the State of
My Commission expires :
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r H.R.A. RESOLUTION 89-006
• Commissioner introduced the
following resolution and moved its adoption :
RESOLUTION RELATING TO REDEVELOPMENT
PLAN FOR REDEVELOPMENT PROJECT AREA NO.
2 RAMSEY COUNTY, AND THE REDEVELOPMENT
PROJECT TO BE UNDERTAKEN PURSUANT THERETO
AND TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO.
2 RAMSEY COUNTY; APPROVING REDEVELOPMENT
PLAN FOR REDEVELOPMENT PROJECT AREA NO.
2 RAMSEY COUNTY AND THE REDEVELOPMENT
PROJECT TO BE UNDERTAKEN PURSUANT THERETO,
TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 2 RAMSEY
COUNTY AND THE ESTABLISHMENT OF TAX INCREMENT
FINANCING DISTRICT NO. 2 RAMSEY COUNTY,
AND REQUESTING THE APPROVAL OF THE CITY
COUNCIL
BE IT RESOLVED, by the Housing and Redevelopment
Authority in and for the City of St .- Anthony, Minnesota ( the
"HRA" ) , as follows :
• 1 . It has been proposed that the HRA approve a
redevelopment plan, as defined in Minnesota Statutes, Section
469 .002 , subdivision 16 , to be designated as Redevelopment
Plan for Redevelopment Project Area No. 2 Ramsey ( the
"Redevelopment Plan" ) , and a redevelopment project to be
undertaken pursuant thereto, as defined in Minnesota Statutes,
Section 469 .002, subdivision 14, to be designated as
Redevelopment Project No. 2 Ramsey County (the "Project" ) ,
and that in order to finance the public redevelopment costs
to be incurred by the HRA in connection with the Redevelopment
Plan and Project, it has been further proposed that the HRA -
approve a tax increment financing plan, pursuant to the
provisions of Minnesota Statutes, Section 469 . 175, to be
designated as Tax Increment Financing Plan for Tax Increment
Financing District No. 2 Ramsey County (the "Financing Plan" )-
which establishes a tax increment financing district, as
defined in Minnesota Statutes, Section 469 . 174 , subdivision
9 , to be designated as Tax Increment Financing District No.
2 Ramsey County ( the "District" ) .
2 . It has been proposed that the HRA and Nedegaard
Construction Company, Inc . , a Minnesota corporation (the
"Developer" ) enter into a Redevelopment Agreement for the
Evergreen Townhomes Project ( the "Redevelopment Agreement" ) ,
covering the property subject to the Redevelopment Plan and
• included in the District . A draft of the Redevelopment Agreement
has been presented to this Board.
3 . The Redevelopment Plan, , the Project, the Financing •
Plan and the District are described in the attached documents
entitled " Redevelopment Plan For Redevelopment Project No.
2 Ramsey County" and "Tax Increment Plan For Tax Increment
Financing District No. 2 Ramsey County" , -and the Redevelopment
Plan, the Project, the Financing Plan and the District as
so described are hereby approved, subject to execution of
the Redevelopment Agreement and the Executive Director of
the HRA and the attorney for the HRA are hereby authorized
and directed to proceed with the implementation of the
Redevelopment Plan, the Project, the Financing Plan and the
District. The Redevelopment Agreement presented to this
Board is hereby approved, subject to such changes and additions
thereto as are approved by the Chairman and Executive Director
of the HRA, such approval to be evidenced by the execution
and delivery of the Redevelopment Agreement by the HRA.
Upon the approval of the form and content of the Redevelopment
Agreement by the Chairman and Executive Director, any two
officers of. the HRA are hereby authorized and directed to
execute and deliver the Redevelopment Agreement on behalf
of the HRA, ' together with such other documents , agreements
and instruments to be executed and delivered by the HRA pursuant
to the Redevelopment. Agreement . The Executive Director is
further authorized and directed to request the appropriate
authorities of Ramsey County to certify the original assessed •
value of the District pursuant to Minnesota Statutes , Section
469 . 177 following (i ) approval of the Financing Plan and
District by the St. -Anthony City Council in accordance with
Minnesota Statutes , Section 469 . 175, subdivision 3 , and (ii )
the execution and delivery -by the HRA and the Developer of _
the Redevelopment Agreement.
4 . The Redevelopment Plan and the Project were
transmitted to the St. Anthony Planning Commission (the
"Commission" ) for its review and opinion . The Commission
delivered to the HRA its written opinion on the Redevelopment
Plan and the Project .
5 . The Redevelopment Plan, the Project, the Financing
Plan and the District, together with the written opinion
of the Commission, have been presented to the City Council
for a public hearing on the Redevelopment Plan and the Project
pursuant to Minnesota Statutes, Section 469 . 028, subdivision
1 and the Financing Plan- pursuant to Minnesota Statutes,
Section 469 . 175, subdivision 3 .
Dated the day of 1989 .
Chairman •
Attest :
Executive Director
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• CERTIFICATION OF MINUTES RELATING TO
$ TAX INCREMENT REVENUE NOTE
(EVERGREEN TOWNHOMES) , SERIES 1989
Issuer : Housing and Redevelopment Authority of
St . Anthony, Minnesota
Governing Body: Board of Commissioners
Kind, date, time and place of meeting : A meeting held
on 1989 , at o ' clock P.M. , at the City Hall .
Members present:
Members absent :
Documents Attached:
Minutes of said meeting (pages) : 1 through 11
H.R.A. RESOLUTION -NO. 89-005
RESOLUTION RELATING TO $ TAX INCREMENT
NOTE (EVERGREEN TOWNHOMES) , SERIES 1989; AWARDING
• THE SALE, FIXING THE FORM AND DETAILS, PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND THE
SECURITY THEREFOR
I , the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
bonds referred to in the title of this certificate, certifying
that the documents attached hereto, as described above, have
been carefully compared with the original records of said
corporation in my legal custody, from which they have been
transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at said meeting, so far as they
relate to said bonds ; . and that said meeting was duly held by
the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of May, 1989 .
Executive Director
• (Seal)
Boardmember introduced the
following resolution and moved its adoption:
RESOLUTION NO. 89-006
RESOLUTION RELATING TO $ TAX INCREMENT
REVENUE NOTE (EVERGREEN TOWNHOMES) , SERIES 1989 ;
AWARDING THE SALE, FIXING THE FORM AND DETAILS,
PROVIDING FOR THE EXECUTION THEREOF AND THE
SECURITY THEREFOR
BE IT RESOLVED by the Board of Commissioners (the
"Board" ) of the Housing and Redevelopment Authority of
St . Anthony, Minnesota (the "HRA") , as follows :
Section 1 . Recitals; Authorization and Sale of Bonds .
1 . 01 . Redevelopment Plan and Redevelopment Project .
This Board and the City Council of the City of St . Anthony,
Minnesota (the "City" ) have previously approved a redevelopment
plan and redevelopment project of the HRA under Minnesota
Statutes, Sections 469 . 001 to 469 . 047, and a tax increment
financing plan of the HRA, under Minnesota Statutes, Section
469 . 174 to 469 . 179 , designated as Redevelopment Plan for •
Redevelopment Project No . 2 (the "Redevelopment Plan") ,
Redevelopment Project No . 2 (the "Redevelopment Project" ) and
Tax Increment Financing Plan for Tax Increment Financing
District No. 2 Ramsey County (the "Tax Increment Financing
Plan" ) . The Tax Increment Financing Plan -est-ablished- -T-ax - - - _
Increment Financing District No . 2 Ramsey County (the
"District") .
1. 02 . Expenditure of Tax Increment Revenue. The
Redevelopment Project constitutes a "project" and the District
constitutes a "tax increment financing district" within the
meaning of Minnesota Statutes, Sections 469 . 174 to 469 . 179 , and
thus the HRA has authority under said Sections 469 . 174 to
469 . 179 to expend ad valorem tax increments derived from the
District to pay costs incurred or to be incurred by the City
and the HRA in aid of the Redevelopment Project, or to pay the
principal of and interest on bonds, notes or -other obligations
of the HRA or City issued to finance such costs, in accordance
with - the Redevelopment Plan.
1.03 . Computation of Tax Increment. The County
Auditor of Ramsey County upon application of the HRA has or
will certify to the HRA, the Gross Tax Capacity of all taxable
property in the District (the "Original Gross Tax Capacity" ) ,
•
• and is to certify to the HRA in each year the then current
Gross Tax Capacity of all taxable property in the District (the
"Current Gross Tax Capacity" ) . The Current Gross Tax Capacity,
less the Original Gross Tax Capacity, is the Captured Gross Tax
Capacity. The ad valorem taxes derived from the property in
the District in each year, by application .of the aggregate tax
capacity levied by all governmental entities having authority
to levy taxes on such property to the Captured Gross Tax
Capacity, is the Tax Increment to be derived from the District
(the "Tax Increment") .
1 . 04 . Redevelopment Agreement . The HRA has approved
a Redevelopment Agreement (the "Redevelopment Agreement") ,
between the HRA and Nedegaard Construction Company, Inc . , a
Minnesota corporation (the "Developer" ) . Under the
Redevelopment Agreement, the Developer agrees to redevelop the
Redevelopment Project area and to make Soil Corrections , as
defined in the Redevelopment Agreement, to the property
included in the Redevelopment Project area . The Redevelopment
Agreement provides that upon the completion of the Soil
Corrections by the Redeveloper the HRA will reimburse the
Developer up to the cost of the Soil Corrections from proceeds
received from the sale of the. Note.
1 . 05 . Sale of Note. The Developer has arranged for
the Note to be purchased by (the "Original
Purchaser" ) . Such purchase shall be made by the Original
Purchaser advancing funds to the HRA from time to time .
1 . 06 . Performance of Requirements . All acts,
conditions and things which are required by the Constitution
and laws of the State of Minnesota to be done, to exist , to
happen and to be performed precedent to and in the valid
issuance of the Note having been done, existing, having
happened and having been performed, it i.s now necessary for
this Board to establish the form and terms of the Note, to
provide security therefor and to issue the Note as provided
herein.
Section 2 . Form of Note.
2 . 01 . Note. The Note shall be issued in substantially
the following form:
•
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UNITED STATES OF AMERICA •
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY
TAX INCREMENT REVENUE NOTE
(EVERGREEN TOWNHOMES)
SERIES 1989
No .
Date of
Rate Maturity Original Issue
12 . 00% June 1, 2001 1,' 1989
THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST.
ANTHONY, Hennepin and Ramsey Counties, Minnesota (the HRA) ,
acknowledges itself to be indebted and, for value received,
hereby promises to pay to Al or
registered assigns (the "Registered Owner" ) , the principal
amount specif-ied above, or- so much thereof as has been advanced
hereunder from time to time, on the maturity date specified
above, with interest thereon from the date hereof at the annual •
rate specified above, payable on January 1 in each year,
commencing January 11 1993 and on the final maturity date of
this Note, all subject to the provisions referred to herein
with respect to the redemption of the principal of this Note
before maturity. The interest, hereon and the principal hereof-,
are payable in lawful money of the United States of America, by
check or draft of the HRA.
This Note is issued pursuant to a resolution adopted
by the Board of Commissioners on , 1989 (the
"Resolution" ) to pay the capital costs of a redevelopment
project to be undertaken in Tax Increment Financing District
No. 2 Ramsey County (the "District" ) of the HRA, and is issued
pursuant -to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Section 469 . 041,
Section 469 . 178 and Chapter 475 . This Note is payable solely
from tax increments to be derived from the District (the "Tax
Increment" ) which have been pledged to the payment of this Note
by the Resolution.
The Tax Increment received by the HRA will be
deposited by the HRA in the Bond Fund established by the
Resolution (the "Bond Fund" ) . Tax Increment on deposit in the
Bond Fund shall be applied first to pay or reimburse the City
•
-3-
• and HRA for payment of any out of pocket administrative
expenses paid or incurred by the City or HRA in connection with
the approval, establishment, and operation of Redevelopment
Plan for Redevelopment Project No . 2 of the HRA, Tax Increment
Financing Plan for Tax Increment Financing District No . 2
Ramsey County of the HRA or the Redevelopment Project No . 2 of
the HRA, together with interest on any such administrative
expenses paid by the HRA or the City from other funds at the
rate of twelve percent ( 12%) per annum from the date such
expenses are paid by the City or HRA until reimbursed from the
Tax Increment, second to pay interest then due and payable on
this Note, and third to pay principal then due and payable on
this Note . Any amounts remaining in the Bond Fund on any
January 1 , commencing January 1, 1993 , following the payment or
reimbursement of all administrative expenses of the HRA or
City, together with interest thereon, and interest then due and
payable on the Note, shall be applied by the HRA to prepay the
principal of the Note in whole or in part , without premium,
together with accrued interest on the principal amount of this
Note prepaid. In the event that amounts on hand in the Bond
Fund are not sufficient to pay the principal of and interest on
this Note when due, the failure of the HRA to pay such
principal and interest shall not constitute a default hereunder . '
This Note and the interest hereon shall not be deemed
• to constitute a general obligation of the State of Minnesota or
any political subdivision thereof , including, without
limitation, the City of St . Anthony, Minnesota (the "City" ) or
the HRA. Neither the State of Minnesota, nor any political
subdivision thereof , including, without limitation, the City or
the HRA, shall be obligated to pay the principal of or interest
on this Note or other costs incident hereto except from Tax
Increment pledged therefor by the Resolution, and neither the
full faith and credit nor the taxing power of the State of
Minnesota or any political . subdivision thereof , including ,
without limitation, the City or the HRA, is pledged to the
payment of the principal of or interest on this Note or other
costs incident hereto.
NEITHER THE HRA OR CITY MAKES ANY REPRESENTATION OR
WARRANTY AS TO THE EXEMPTION FROM FEDERAL INCOME TAXATION OF
THE INTEREST ON THE NOTE OR THAT THE TAX INCREMENT WILL BE
SUFFICIENT TO PAY THE PRINCIPAL OF OR INTEREST ON THIS NOTE
WHEN DUE.
All interest hereon shall be computed on the basis of
a 360 day year consisting of twelve thirty day months .
In the event the HRA shall fail to make when due any
interest payments or principal and interest payments required
-4-
under this Note, the interest payment or *principal and interest
payment so in default shall continue as an obligation of the
HRA until the interest payment or principal and interest
payment in default shall have been fully paid . No interest
shall be payable on overdue installments of interest .
The principal amount of this Note may be prepaid,
either in whole or in part, on any date upon payment of the
price equal to the principal being so prepaid plus accrued
interest to the date of prepayment without premium.
As provided in the Resolution, the HRA will cause to
be kept at the office of the Executive Director of the HRA a
Note Register in which, subject to such reasonable regulations
as it may prescribe, the HRA shall provide for the registration
or transfer of ownership of this Note . This Note is
transferable upon the books of the HRA at the office of the
Executive Director by the Registered Owner hereof in person or
by its attorney duly authorized in writing, upon surrender
hereof together with a written instrument of transfer
satisfactory to the Executive Director of the HRA, duly
executed by the Registered Owner or its duly authorized
attorney, together with (i) an executed investment letter from
the new Registered Owner in the form set forth in the
Resolution, ( ii) an opinion of counsel addressed to the HRA and
in form satisfactory to the HRA that such transfer complies
with all applicable federal and State of Minnesota securities
laws , and (iii) an indemnity agreement in form and substance
satisfactory to the HRA executed by the Registered Owner . Upon
such transfer the Executive Director of the HRA will note the
date of registration and the name and address of the new
Registered Owner upon the books of the HRA and in the
registration bl"ank appearing below. Alternatively, the HRA
will at the request of the Registered Owner issue new notes in
an aggregate principal amount equal to the unpaid principal
balance of this Note, and of like tenor, except as to number
and principal amount , and registered in the name of the
Registered Owner or such transferee as may be designated by the
Registered Owner. The HRA may deem and treat the person in
whose name this Note is last registered upon the books of the
HRA with such registrat.ion noted on the Note as the absolute
owner hereof for the purpose of receiving payment of or on
account of the principal balance, redemption price or interest ,
whether or not overdue, and for all other purposes , and all
such payments so made to the Registered Owner or upon its order
shall be valid and effectual to satisfy and discharge the .
liability upon this Note to the extent of the sum or sums so
paid, and the HRA shall not be affected by any notice to the
contrary.
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• IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts , conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist , to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
obligation of. the HRA according to its terms have been done, do
exist, have happened and have been performed in regular and due
form as so required.
IN WITNESS WHEREOF, the Housing and Redevelopment
Authority of St . Anthony, Hennepin and Ramsey Counties, State
of Minnesota, by its Board of Commissioners, has caused this
Note to be executed by the signatures of its Chairman,
Secretary and. Executive Director and sealed with the official
seal of the HRA and has caused this .Note to be dated as of the
date set forth below.
Dated:
Secretary Chairman
• Executive Director
(Seal)
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid principal balance, of this
Note and the interest accruing thereon is registered on the
books of the HRA in the name of the regisrered holder last
i noted below.
Date of Name and Address of Signature of
Registration Registered Holder Executive Director
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r
Section 3 . Terms of Note, Execution and Delivery. •
3 . 01 . Terms of the Note. The terms of the Note shall
be as set forth in the form of Note contained in Section 2 here
of and the Note shall be issued in the principal amount of up
to $
3 . 02 . Date of Note. The Note shall be dated as of
the date of original issuance thereof .
3 .03 . Execution. The Note shall be executed on
behalf of the HRA by the signatures of the Chairman, Secretary
and Executive Director, and shall be sealed with its corporate
seal . In case any officer whose signature shall appear on the
Note shall cease to be such officer before the delivery
thereof , such signature shall nevertheless be valid and
sufficient for all purposes .
3 . 04 . Mutilated, Lost and Destroyed Note. In case
the Note shall become mutilated or be destroyed or lost, the
HRA upon compliance by the registered owner thereof with any
applicable provision of law shall cause to be executed and
delivered a new Note of like outstanding principal amount and
tenor in exchange and substitution for and upon cancellation of
the mutilated Note, or in lieu of or in substitution for such
Note destroyed or lost, upon the registered owner ' s paying the
reasonable expenses and charges of the HRA in connection
therewith, and in case the Note is destroyed or lost , its
filing with the HRA evidence satisfactory to it and compliance
with any applicable provisions of law.
3 . 05 . Registration of Transfer . The HRA will cause
to be kept at the office of the Executive Director a Note
Register in which, subject to such reasonable regulations as it
may prescribe, the HRA shal provide for the registration or
transfer of ownership of the Note. The Note shall be
i transferable upon the books of the HRA by the registered owner
thereof 'in person or by its attorney duly authorized in
writing, upon surrender of the -Note together with a written
instrument of transfer satisfactory to the Executive Director,
duly executed by the registered owner thereof or its duly
authorized attorney, together with (i) an executed investment
letter from the new registered owner in the form attached
hereto as Exhibit A, (ii) an opinion of counsel addressed to
the HRA and in form satisfactory to the HRA that such transfer
complies with all applicable federal and State of Minnesota
securities laws, and (iii) an indemnity agreement in form and
substance satisfactory to the HRA executed by the Registered
Owner . Upon such transfer the Executive Director shall note
the date of registration and the name and address of the new
-7-
• registered owner on the books of the HRA and in the
registration blank appearing on the Note . Alternatively, the
HRA will at the request of the Registered Owner issue new notes
in an aggregate principal amount equal to the unpaid principal
balance of the Note, and of like tenor, except as to number and
principal amount , and registered in the name of the Registered
Owner or such transferee as may be designated by the Registered
Owner . The HRA may deem and treat the person in whose name the
Note is last registered upon the books of the HRA with such
registration noted on the Note as the absolute owner thereof,
whether or not overdue, for the purpose of receiving payment of
or on account of the principal or interest and for all other
purposes , and all such payments so made to the registered owner
or upon its order shall be valid and effectual to satisfy and
discharge the liability upon such Note to the extent of the sum
or sums so paid, and the HRA shall not be affected by any
notice to the contrary.
3 . 06 . Prepayment . The principal of the Note shall be
subject to optional and mandatory prepayment as provided in the
form of Note set forth in Section 2 hereof . In the event more
than one Note is outstanding at the time of any prepayment- in
.part, all of the Notes shall be prepaid pro-rata on the basis
of their outstanding principal amounts .
• 3 . 07 . Delivery.. The Note shall be delivered to the
Original Purchaser upon the receipt by the HRA of the first
advance thereof by the Original Purchaser . Prior to the
delivery of the Note the Original Purchaser shall execute and '
deliver to the HRA an executed investment letter in the form
attached as Exhibit A hereto .
Section 4 . Security Provisions .
4 . 01 . Bond Fund. The principal of and interest on
the Note shall be payable from the Tax Increment Financing
District No . 2 Ramsey County Bond Fund (the "Bond Fund" ) . So
long as the Note is outstanding and any principal thereof or
interest thereon unpaid, the Executive Director of the HRA
shall maintain the Bond Fund, as a separate and special account
to be used for the payment of the principal of and interest on
the Note . The HRA hereby irrevocably appropriates to the Bond
Fund the Tax Increments to be received from the District.. -
Until payment in full of the Note amounts on hand in the Bond
Fund shall be applied in the following order : first, to pay or
reimburse the HRA and City for payment of any out of pocket
administrative expenses paid: or incurred by the City or HRA- in
connection with the approval, establishment and operation of
the Redevelopment Plan, the Redevelopment Project , the Tax
Increment Financing Plan and the District and the preparation,
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and HRA for payment of any out of pocket administrative •
expenses paid or incurred by the City or HRA in connection with
the approval , establishment, and operation of Redevelopment
Plan for Redevelopment Project No . 2 of the HRA, Tax Increment
Financing Plan for Tax Increment Financing District No. 2
Ramsey County of the HRA or the Redevelopment Project No. 2 of
the HRA, together with interest on any such administrative
expenses paid by the HRA or the City from other funds at the
rate of twelve percent ( 12%.) per annum from the date such
expenses are paid by the City or HRA until reimbursed from the
Tax Increment, second to pay interest then due and payable on
this Note, and third to pay principal then due and payable on
this Note . Any amounts remaining in the Bond Fund on any
January 1 , commencing January 1, 1993 , following the payment or
reimbursement of all administrative expenses of the HRA or
City, together with interest thereon, and interest then due and
payable on the Note, shall be applied by the HRA to prepay the
principal of the Note in whole or in part, without premium,
together with accrued interest on the principal amount of this
Note prepaid. In the event that amounts on hand in the Bond
Fund are not sufficient to pay the principal of and interest on
this Note when due, the failure of the HRA to pay such
principal and interest shall not constitute a default hereunder..
This Note and the interest hereon shall not be deemed
to constitute a general obligation of the State of Minnesota or •
any political subdivision thereof , including, without
limitation, the City of St . Anthony, Minnesota (the "City" ) or
the HRA. Neither the State of. Minnesota, nor any political
subdivision thereof , including, without_ limitation, the City or -
the HRA, shall be obligated to pay the principal of or interest
on this Note or other costs incident hereto except from Tax
Increment pledged therefor by the Resolution, and neither the
full faith and credit nor the taxing power of the State of
Minnesota or any political subdivision thereof., including ,
without limitation, the City or the HRA, is pledged to the
payment of the principal of or interest on this Note or other
costs incident hereto.
NEITHER THE HRA OR CITY MAKES ANY REPRESENTATION OR
WARRANTY AS TO THE EXEMPTION FROM FEDERAL INCOME TAXATION OF
THE INTEREST ON THE NOTE OR THAT THE TAX INCREMENT WILL BE
SUFFICIENT TO PAY THE PRINCIPAL OF OR INTEREST ON THIS NOTE
WHEN DUE .
All interest hereon .shall be computed on the basis of
a 360 day year consisting of twelve thirty day months .
In the event the HRA shall fail to make when due any
interest payments or principal and interest payments required
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• 5 .03 . Tax Covenant . The HRA covenants and agrees
with the holders from time to time of the Bonds that it will
not take or permit to be taken by any of its officers ,
employees or agents any action which would cause the interest
on the Note to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the "Code") , and the Treasury
Regulations promulgated thereunder (the "Regulations" ) , and
covenants to take any and all actions within its .powers to
ensure that the interest on the Note will not become subject to
taxation under the Code and the Regulations . The HRA will
cause to be filed with the Secretary of Treasury an information
reporting statement in the form and at the time prescribed by
the Code and will comply with the arbitrage rebate requirements
of Section 149 (f) of the Code .
5 .04 . Arbiitrage Certification. The Chairman,
Secretary and Executive Director, being the officers of the HRA
charged .with the responsibility for issuing the Note .pursuant
to this resolution, are authorized and directed to execute and
deliver to the purchaser thereof a certificate in accordance
with the provisions of Section 148 of the Code, and Sections
1. 103-13 , 1. 103-14 and 1 . 103-15 of the Regulations , stating the
facts, estimates and circumstances in existence on the date of
issue and delivery of the Note which make it reasonable to
expect that the proceeds of the Note will not be used in a
manner that would cause the Note to be arbitrage bond within
the meaning of the Code and Regulations .
Section 5 .05 . Qualified Tax-Exempt Obligations . The
Board hereby determines and declares that the HRA (including
any "subordinate entity" within the meaning of Section
265(b) (3) (E) of the Code) does not reasonably anticipate to
issue in calendar year 1989 tax-exempt obligations in an
aggregate principal amount greater than $10, 000 , 000 (exclusive
of Private Activity Bonds, but including qualified 501(c) (3)
bonds as defined in Section 145 of the Code) . The Board hereby
specifically designates the Note as "qualified tax-exempt
obligations" within the meaning of Section 265 of the Code. In
any event the Board will not designate more than $10 , 000 , 000 of
its obligations issued in calendar year 1989 as such "qualified
tax-exempt obligations . "
Chairman
Attest :
Executive Director
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The motion for the adoption of the foregoing
resolution was duly seconded by Boardmember and
upon vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
and was signed by the Chairman, whose signature was attested by
the Executive Director .
•
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• EXHIBIT A
FORM OF INVESTMENT LETTER
(Date]
Housing and Redevelopment Authority
of St . .Anthony, Minnesota
3301 Silver Lake Road
St . Anthony, Minnesota 55418
Re: Tax Increment Revenue Note
(Evergreen Townhomes) , Series 1989
Housing and Redevelopment Authority of
St . Anthony, Minnesota
Gentlemen:
In connection with the purchase of the Tax Increment
Revenue Note (Evergr.een Townhomes) , Series 1989 (the Note)
issued by the Housing and Redevelopment Authority of St .
Anthony, Minnesota (the Issuer) , I acknowledge and represent as
•
follows :
1 . I am a with sufficient
knowledge and experience in financing matters, including the
purchase and ownership of municipal revenue bonds; to be able
to evaluate the merits and risks of the purchase of the Note.
2 . I have requested such financial and other
information regarding the tax increment revenue to be derived
from Tax Increment, Financing District No . 2 Ramsey County of
the Issuer (the District) as I believe relevant to my
investment decision and have been provided with all such
requested information. I have reviewed the form of the Note
and the resolution adopted , 1989 , of the Board of
Commissioners under which the Note is issued (the Resolution) .
3 . I understand and acknowledge that the Note has not
been registered under the Securities Act of 1933 nor under the
securities laws of the State of Minnesota pursuant to relevant
exemptions contained therein. I recognize that a future sale
of such Note by me could require .registration under the
securities laws of one or more states .
A-1
4 . I understand that the Note is payable as to •
principal and interest solely from the tax increment to be
derived from the District pledged to the payment thereof under
the Resolution. I further understand that certain expenses of
the Issuer and the City of St . Anthony, Minnesota (the City) ,
together with interest, will be paid from the tax increment to
be derived from the District prior to the payment of the
principal of and interest on the Note. I further understand
that the Note does not now and shall never represent or
constitute a general obligation of the Issuer or the City and I
have no right to have taxes levied by the Issuer, the City, the
State of Minnesota or any political subdivision thereof for the
_payment of the principal and interest on the Note.
5 . I am purchasing the Note for my own account and
not with a view to the distribution thereof, but I will retain
control over the disposition of the Note. I do not presently
intend to divide the Note or resell or otherwise dispose of any
or all of the Note, except as permitted by law and- subject to
applicable securities laws and regulations thereunder .
6 . I acknowledge that neither the Issuer or the City
of St . Anthony, Minnesota is making any representations or
warranties as to the tax exemption of the interest - to be paid
on the Note or the sufficiency of the tax increment to be •
derived from the District to pay principal of and interest on
the Note when due.
I
A-2
STATE OF MINNESOTA) COUNTY AUDITOR ' S
)ss . CERTIFICATE AS TO REGISTRATION
COUNTY OF HENNEPIN) OF BONDS - HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY, MINNESOTA
I , the undersigned, being the duly qualified and
acting County Auditor of Hennepin County., Minnesota , hereby
certify that there has- been filed in my office a certified copy
of a resolution of the Board of Commissioners of the Housing
and Redevelopment Authority of St . Anthony, Minnesota (the
HRA) , in said County, adopted . , 1989 , fixing the form
and details and providing for the execution, delivery and
security of up .to $ Tax Increment Revenue Bonds
(Evergreen Townhomes) , Series 1989 , of the HRA, to. be dated, as
of the date of delivery thereof .
• I further certify that said Note has been entered on
my bond register as required by Minnesota Statutes ,
Section 475 . 61 to 475 . 63 .
WITNESS my hand 'and official seal this day of
1989 .
County Auditor
(SEAL)
•
STATE OF MINNESOTA) COUNTY AUDITOR' S
) ss . CERTIFICATE AS TO REGISTRATION
COUNTY OF RAMSEY ) OF BONDS - HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY, MINNESOTA
I , the undersigned, being the duly qualified and
acting County Auditor of Ramsey County, Minnesota, hereby
certify that there has been filed in my office a certified copy
of a resolution of the Board of Commissioners of the Housing
and Redevelopment Authority of St . Anthony, Minnesota (the
HRA) , in said County, adopted 1989 , fixing the form
and details and providing for the execution, delivery and
security of up to $ Tax Increment Revenue Bonds
(Evergreen Townhomes) , Series 1989 , of the HRA, to be dated, as
_ of the date of delivery thereof.
I further certify that said Note has been entered on •
my bond register as -required by Minnesota Statutes,
Section 475. 61 to 475 . 63 .
WITNESS my hand and official seal this day of
1989 .
County Auditor
(SEAL)
•
•
H.R.A. RESOLUTION 89-007
A RESOLUTION APPROVING THE TRANSFER OF LAND
FROM .THE ST. ANTHONY HOUSING AND REDEVELOPMENT
AUTHORITY TO NEDEGAARD CONSTRUCTION COMPANY
BE IT RESOLVED, that the St. Anthony Housing and Redevelopment
Authority hereby approves the transfer of land from the Authority
to Nedegaard Construction Company.
Adopted this day of , 1989.
•
Chairman
Secretary/Treasurer
Reviewed for administration:
Acting City Manager