HomeMy WebLinkAboutCCP 07-20-1993
"
. ARDEN HILLS CITY COUNCIL WORKSESSION MEETING
COUNCIL CHAMBERS
TUESDAY, JULY 20,1993,4:30 P.M.
4:30 PM 1. Call to order/roll call.
2. Agenda adoption.
4:30 PM 3. 1994 Budget Issues - Ramsey County Sheriffs Department - Jerry Bergeron.
5:00 PM 4. 1994 Budget Issues - Lake Johanna Volunteer Fire Department,
5:30 PM 5. 1994 Budget Issues - Road improvement priorities - Dan Winkel; Ramsey
County road turnbacks - MSA, Terry Maurer,
. 6:00 PM 6. Review of Final Draft of Developer's Agreement - Cottage Villas of Arden
Hills.
7:00 PM 7. Family Violence Network - Budget request.
7:15 PM 8. Administrator Comments,
7:20 PM 9. Council Comments.
7:30 PM ' 10. Adjourn.
The above times may be subject to discussion of the issue.
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CITY OF ARDEN HILLS
MIHlllHlCM
. TO: ~ >>lD CITY CClllH:IL
J'llCI(: 1Jl..&<L1J:I:Llt' A. PERSCIl', CITY ~
DM'E: JULY 20, 1993
StlBJEC'l': CITY ~'S BllCKGRaH) ~
FCB CClllH:IL ........,.,.-n:tIf OF 7/20/93
1- Sheriff's DepartJnent 1994 bJdget request. See IIIE!III) attached.
2. Fire DepartJnent 1994 bJdget request. Maj=ity of n;<:t"'IlSSion will
be centered on continued request f= fulltime staffilX] (see
enclosed) .
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3. 1994 Road Pri=ity Proposal (see attached IIIE!III)).
. Council n;<:t"'IlSSion requested regarding preliminary
identification of roads and whether to reconstruct, recycle =
other .
. Road turnbacks - County turnback dollars appear minimal to
roads and future work ~"'Ity.
4. 'lbe Cottages - Develq;JerS 1\greeule11t - Final draft review enclosed.
. Most recent areas addressed are:
. 1.15 average debt coverage ratio.
. Seniors only - at least one resident
. Request f= an additional $5,000 in escrow fran developer
(total $7,500) to cover financial consultant and bani oounsel
fees.
General Informational Items:
1- 1994 Budget request letter from Nortrn;est YM:A.
2. Investment Portfolio thru 6/30/93.
General FUnd Budget SUmIrary thru 6/30/93.
Budget SUmmary (All fuOOs) thru 6/30/93.
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. -i/,I~-.I- CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
July 15, 1993
File: 520-043-70
Ms. Dorothy Person
City Administrator
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
RE: RAMSEY COUNTY FUNCTIONAL CONSOLIDATION
Dear Ms. Person:
We have reviewed the letter of June 24, 1993, from Paul Kirkwold, Ramsey County Engineer,
to Mayor Sather. Basically, this letter indicates that the County Board has authorized $800,000
to do improvements on roadways which are to be turned back to various cities within the County.
These are the funds that would be used to seal coat Old Snelling Avenue should the City
. ultimately decide to accept that roadway back from the County. What this letter is asking the
City to do is to pass a resolution indicating they are willing to take back all of the roadways
listed in the Functional Consolidation Study. Ramsey County would then use this $800,000 to
bring each of these roadways up to a condition level 90, according to their Pavement
Management Program. This would typically involve seal coating or cold in-place recycling of
the roadways.
I have discussed briefly the contents of this letter with TIm Mayasich at Ramsey County. He
indicated that if the City is willing to pass such a resolution, it could have a contingency in it
stating that the City will not accept the roadways back until such time that the Municipal State
Aid system provides additional mileage and funding for the City to put these roadways on their
MSA system. Even if the resolution contains such a contingency, it would still be the County's
intent to go out and utilize their available funding to bring these roadways up to level 90 and
maintain them under their jurisdiction until such time that the contingency can be met.
The one item that is not discussed in the County's letter is the fuct that if the cities are unwilling
to pass such a resolution, these roadways remain in the County's jurisdiction. That would mean
that they should be evaluated with all other roadways through the Pavement Management process
and would likely see seal coating and recycling as needed. At this point in time, I see no
advantage to the City of Arden Hills passing a resolution indicating that they are willing to take
these roadways back with or without the contingency regarding the Municipal State Aid mileage
and funding. Therefore, I would recommend at this time that the City of Arden Hills do nothing
. in response to the County's request.
1959 SLOAN PLACE. SUITE 200, ST. PAUL, MINNESOTA 55117 612.774-6021
9800 SHELARD PARKWAY. SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612.546--0432 . Equal Opportun;ly Employer
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. Ms. Dorothy Person
July 15, 1993
Page 1\vo
If you have any questions regarding this, please call.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
!!fi!~ uW
!' tU
Thrry 1.' aurer, P.E.
TJM:tp
04J-1502.jul
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Draft No.4
. 7/14193
CONTRAcr
FOR PRIVATE DEVELOPMENT
IN
OEVELQPMENTDISlRIcr NO.1
CITY OF ARDEN HILLS,
RAMSEY COUNTY, MINNESOTA ~
between
CITY OF ARDEN HILLS, MINNESOTA
. and
COTrAGE Yn..LAS OF ARDEN HILLS LIMITED PARTNERSHIP
Dated as of .1993
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TInS AGREEMENT. made and entered into as of this _ day of .1993.
. between the CITY OF ARDEN HILLS. a municipal corporation and political subdivision of the
Swc of Minnesota (the "City"), and CQTIAGE VILLAS OF ARDEN HILLS LIMITED
PARTNERSHIP. a Minnesota limited pannership (as hereinafter defined, the "Partnership");
WITNESSETIi 1HA T. in the joint and mutual exercise of their powers, and in
consideration of the mutual covenants herein contained, the panies hereto recite and agree as
follows:
Section 1. Recitals.
1.01. Desi9'11arinn of Develnnmenr Di~tricr and Adnntion of Develnnmenr PmlmUll.. The
City has designated a development disalct in the City denominated Development District No.1 (the
"Development District") and has approved an amended development program for the Development
District (as so amended, the "Development Program") PllISuantto and in accordance with
Minnesota Statutes. Sections 469.124 through 469.134, as amended (the "Act").
1.02. Creation of the Tax Increment Financinl!: District. The City has established Tax
Increment Fmancing District No.3 (the "Disalct'') within the Development Disalct and authorized ~
the financing of the Development Program pllISuantto a Tax Increment Financing Plan (the
"Fmancing Plan") pursuant to and in accordance with Minnesota Statutes, Sections 469.174
through 469.179. as amended (the "Tax Increment Financing Act"). .
1.03. Imolementarion. The City Council of the City (the "City Council'') has authorized
and directed the officers of the City to take all actions necessary to implement and cany out the
Development Program. subject only to such approval by the City Council as may be required by
. the Act. The Development Program and the Financing Plan propose that the City expend available
tax increment to finance certain capital and administrative costs of the Development Disalct as
described therein (including the activities described in this Agreement) or reimburse amounts
expended by others for such costs.
1.04. Public Develo11lTlent Activities. The City has determined that, in order to accomplish
the purposes specified in and to cany out the portion of the Development Program relating TO the
property to be developed or redeveloped by the Partnership. it is necessary and desirable for the
City TO reimburse the Partnership for the costs to be incurred and paid by the Partnership in
connection with the development of cenain property located in Ramsey County, Minnesota, the
legal description of which appears in Exhibit A hereto. which is hereby incorporated herein (the
"Propeny"). The development will consist of land acquisition, excavation. grading. other site
preparation and certain infras1l1lcture improvements as described in Exhibit B hereto. which is
hereby incorporated herein (the "Public Development Activities''), which Public Development
Activities will facilitate the cons1l1lction of the Minimum Improvements (as hereinafter defined) on
the Propeny in accordance with Section 4 hereof.
1.05. V aluation. Upon creation of the Disalcl, the Tax Capacity of all taxable property
(including the Propeny) in the Disalct was $5,443. In accordance with Section 4 hereof, the City
will apply a portion of the Tax Increment derive6from the District (computed in accordance with
, Minnesota Statutes. Section 469.177. or its successor) to reimburse the Pamtership for the costs of
the Public Development Activities.
1.06. Authoritv. Each of the panies haf1mthority to enter into this Agreement and to take
all actions required of it hereby. and has taken all actions necessary to authorize the execution and
delivery of this Jlrsreemenl.
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. 1.07. ParmershiD. For purposes of this Agreement, the term "Parmership" includes
Coaage Villas of Arden Hills Limited Partnership. its ~~ successors and assigns hereunder.
and any person or entity to whom the Property or any of Its nghts hereunder are ttansfem:d or
assigned. as hereinafter permitted.
Section i Rtmre~tarions_
2.01. City Reore~tations.. The City hereby represents as follows:
(a) The City is authorized by law to enter into this Agreement and to carry out its
covenants and agrcc41Cllts hereunder.
(b) The City has designated the Development Disaict and has adopted the
Development Progmn in accordance with the provisions of the Act, and has created the
District and adopted the Fmancing Plan in accordance with the provisions of the Tax
Increment Fmancing Act.
2.02. Parmership Representations and Al!Teemenls. The Parmership hereby represents ".
and agrees as follows:
(a) The Parmership is a limited partnership duly organized and validly existing
under the laws of the State of Minnesora. and is duly qualified to do business in the State of
MinneSOta. The Partnership has the power to enter into this Agreement and the Declaration
(as hereinafter defined) and has duly authorized by all necessary partnership action the
execution and delivery of this Agreement.
. (b) The Partnership will. subject to Unavoidable Delays (as hereinafter defmed).
complete (or cause to be completed) the Public Development Activities and construct,
opctllte and maintain the improvements listed on Exhibit C hereto (the "Minimum
Improvements") in accordance with the terms of this Agreement, the Development
Program. the Financing Plan and all applicable local. state and fec;leral laws and regulations.
(c) At such time or times as may be required by law. the Parmership will have
complied with a1l1ocal. state and federal environmental laws and regulations applicable to
the Property. the Public Development Activities and the Minimum Improvements. will have
obtained any and all necessary environmental reviews. licenses or clearances under, and
will be in compliance with the requirements of. the National Environmental Policy Act of
1969. the Minnesota Environmental Policy Act and the Critical Area Act of 1973. The
Partnership has not received notice or communication from any local, state or federal
official indicating that the activities of the Parmership may be or will be in violation of any
environmental law or regulation. The Partnership is not aware of any facts the existence of
which would cause Partnership to be in violation of any local. state or federal
environmental law, regulation or review procedure applicable to the Property, the Public
Development Activities or the Minimum Improvements or which would give any person a
valid claim under the Minnesota Environmental Rights ACL
. (e) The Parmership will obtain. in a timely manner. all required permits, licenses
and approvals. and will meet, in a timely manner. all requirements of all local. state and
federal laws and regulations which must be obtained or met in connection with the Public
Development Activities and the Minimum Improvements. Without limitation to the
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. foregoing, the Partnership will request and seck to oblain from the City all necessary
variances, conditional use pcrrnilS and zoning changes.
(f) Neither the execution and delivery of dris Agrccmcnt or the Declaration, the
consununation of the ttlIIIsactions coOlempIated hereby, nor the fulfi11mcnt of or compliance
with the tennS and conditions of this Agreement is prohibited or limited by, conflicts with
or resullS in a breach of, the tenDS, conditions or provisions of the agn:cmc:nt establishing
and organizing the Partnership or any panncrship teSlriction or any evidences of
indebtedness, agreement or inslI'UlI1Cnt of whateVer nalllre 10 which the Partnership is now
a pany or by which it is bound. or constitutcs a default under any of the foregoing.
Section 3. City Undertakinl!s.
3.01. Reimbursement of Cost of Public Develomnent Activitics. The City agrees to
reimburse the Partnership for the COSlS of the Public Development Activities in the principal amount
of $ , with interest at the rate of _ % per annum on the principal balance from time to
time unpaid. said payments of principal and interest to be made on the dates and in the amounts set
forth in Exhibit D herelO, which is hereby incorporated herein, but subject to the following tcm1S r>-
and conditions, including adjusrment as provided in Subsection (e) below:
(a) The City shall be entitled to withhold from the tax increment each 12-month
period ending on February I, commencing February 2, 1994 (a "Payment Year''), an
amount equal to $6,393, which amount the City shall retain prior to any reimbursement
paymenlS 10 the Partnership. In addition, the Partnership shall be entitled 10 no more than
$57,537 per Payment Year in reimbursement hereunder, and the City shall withhold all tax
incn:menlS in excess of that amount in each Payment Year.
. (b) No payments shall be made by the City unless and until the City Engineer has
confinncd in writing 10 the City that the Public Development Activities and the Minimum
Improvements have each been completed in accordance with the Plans (as hereinafter
defined) and the plans and specifications therefor and the Certificate of Completion has
been issued as contemplated in Section 4.05 hereof.
(c) The City shall be entitled to withhold from the tax increment and not remit 10 the
Partnership in a Payment Year for aninstal1ment of principal of and interest payable on a
Payment Date one-half of the Excess Cash Flow (as defined in Section 3,02 hereof), if
any. determined pursuant to Section 3.02 for the calendar year ended inunediately prior to
such Payment Year.
(d) . Any payment of principal and interest withheld by the City pursuant 10 the
provisions of (a), (b) or (c) above shall be considered to be forgiven by the Partnership and
the City shall be obligated only to make the future payments of principal and iOlerest shown
on Exhibit D.
(e) In the event the time for disttibution of properry tax revenues to the City by the
County shall be modified from the dates presently in force, the parties shall amend Exhibit
D to the extent neccssary to conform with the intention of the parties that the paymeOl date
shall fall approximately 30 to 45 days after the expected dates upon which the City receives
its major properry tax distributions from the County.
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. Further. promptly upon completion of the Public Development Activities. the
Partnership shall certify the actUal costs of the Public Development Activities to the City, as
provided in Section 4.10 hereof. If the total of such costs are lower than the total of those
costs shown in the budget included as pan of the initial Exhibit D, the principal amount to
be reimbursed hereW1der shall be reduced to the final total cost amount and a new Exhibit D
shalI be prepared and substituted which will amortize said final cost (less any principal
theretofore paid) over the remaining payment dates such that amortized payments of
principal and interest in each Payment Year thereafter equal. as nearly as practicable,
$57,537, such principal to bear inlereSt at such an annual rate. but not in excess of eight
percent (8.00%) per annum, to equal such amortized payments; provided. however. that if
an equal inlereSt rate greater than eight percent (8.00%) per annum is required to amortize
such principal and interest so that $57,537 is payable thereon in each subsequent Payment
Y car. the new Exhibit D shall amortize said final cost (less any principal theretofore paid)
over the remaining payment dates at eight percent (8.00%) per annum.
(f) The City shall be obligated to make the payments required pursuant to this
Section 3 only from and ro the exlem of the taX increment actUally received from the Disaict
for any taX year and such payments shall never be considered to be a general obligation or <-
indebtedness of the City; provided that the amount required to be paid by the City on any
Payment Date shall not exceed the amount set forth in Exhibit D. If. on any Payment Date,
the taX increment available to the City from the Disaict after withholding the amount
specified in paragraph (a) hereof, is not sufficient to pay the installment then due under this
Section 3 in full, the funds available shall be applied first to interest and then to principal
then due. To the extent that an installment of principal or interest to be paid and not
forgiven under this Section 3 is not paid on a Payment Date because taX increment revenues
are insufficient therefor, such installment shall continue to be an obligation of the City
. under the terms of this Agreement, but shall not bear interest from and after said Payment
Date. and shall be paid. subject to the provisions of Sections 3.01(a), (h) hereof, only from
taX increment actUally received and available therefor on a subsequent Payment Date, after
the payment of the installment of principal and interest payable on said subsequent Payment
Date.
(g) Upon 30 days' written notice to the Partnership, the City may prepay all or a
portion of the outstanding principal balance due pursuant to this Section 3, and Exhibit D,
without penalty, on any date at a prepayment price equal to the outstanding principal
balance to be prepaid plus accrued interest to the prepayment date. If a partial prepayment
is made, the prepayment shall be applied to the last maturing installments of principal and
the semiannual payments required under this Section 3 and Exhibit D shall not otherwise be
reduced. Subsequent to any partial prepayment, a revised Exhibit D shall be prepared and
executed by the parties hereto. The Partnership may at any time request the City to apply
excess tax increment from the Property to the prepayment of all or a portion of the principal
balance due hereunder but the City, in its sole discretion. shall determine whether any
prepayment shall be made.
(h) The City shall not be obligated to make any payments hereunder subsequent to
February 1,2010, and any amounts remaining unpaid as of said date (other than by reason
of failure of the City to comply with the terms of this Agreement) shall be considered
forgiven by the Partnership and shall cease to be owing.
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. 3.02. Calculation of Excess Cash Flow. There is attached to this Agreement as
Exhibit E. which is hereby incorporated by teference herein. a cashflow projection prepared by the
Partnership for the operation of the Minimum Improvements for the calendar yCars 1994 through
2009 (the "Cashtlow Projection''). The Partnership does not represent or warrant the accuracy or
achievability of the Cashflow Projection.
On or before April 1 of each year. commencing April 1. 1995. the Parmership shall deliver
to the City a statement of cashflow for the operations of the Facilities for the immcdiare1y preceding
calendar year, substantial1y in the fonn of Exhibit E hereto and p.epared and pn:sented in a manner
consistent with the Cashflow Projection, certified by the general parmer of the Parmership to be
complete and accurate and prepared in accordance with generally accepted accounting principles
consistendyapplied (the "Annual Cashflow Schedule''). With the Annual Cashflow Schedule. the
Partnership shall also deliver to the City a certificate. executed by the geneml partner of the
Partnership. setting fonh the following amounts for the preceding calendar year and the method of
calculation of such amounts: Operating Revenue. Operating Expenses, Net Operating Cash Flow.
Debt Service Coverage. Net Debt Service. Net Debt Service Coverage. Net Operating Cash Flow
After Debt Service Coverage. Cash Flow, Debt Service Subsidy Amount and Excess Cash Flow.
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For purposes of Section 3 of this Agreement. the following tenDS shall have the following
respective meanings:
Cat)ital Reolacement Reserve Fund means the bookkeeping account established on the
books and records of the Partnership for the purpose of reserving amounts to be applied to the
costs of capital improvements 10 the Facilities and nol for the payment of operating or maintenance
expenses.
. Cash Flow means, for a calendar year. the difference between (i) Net Operating Cash Flow
for such calendar year. and (ii) Net Debt Service Coverage for such calendar year. but not less than
zero dollars ($0.00).
Excess Cash Flow means. for a calendar year, (i) the sum of the amounts of Cash Flow. if
any. for sucll calendar year and any previous calendar year. beginning with 1994; less(ii) the sum
of the Debt Service Subsidy Amounts. if any, for such calendar year and any previous calendar
year. beginning with 1994; less (ill) the product of (x) the aggregate amounts. if any. by whicll the
reimbursement payments to the Partnership under Section 3.01 of this Agreement have been
reduced by reason of Section 3.01(c) hereof. multiplied by (y) two (2.00).
Debt Service Coveral!:e means. for a calendar year, the aggregate amount of principal and
interest paid by the Partnership during such period with respect to indebtedness incurred to
construct or improve the Facility multiplied by the Debt Service Coverage Ratio.
Debt Service Coveral!:e Ratio means 1.20 for calendar years 1994102000, inclusive. and
1.10 for calendar years 200 I and tIlereafter,
Debt Service Subsidv Amollnt means. for a calendar year, the difference between (i) Net
Debt Service Coverage for such calendar year, and (ii) Net Operating Casll Flow for such calendar
year. but not less than zero dollars ($O.llO).
Facilities means tile Property. the Minimum Improvements and any Subsequent
Improvements. as such shall exist from time to time.
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. Net Deht Service meaIIS, for a calendar year, the difference between (i) the aggregate
amount of principal and intereSt paid ~y the Parmersh~~ during ~h peri?d with respect to
indebtedness incurred to construct or unprove the Facility, and (n) the telmbursement payments,
whether principal or intereSt, made by the City to the Partnership pursuant to this Agreement,
during sllCh period.
Net Debt Service Covernf!e means, for a calendar year, the difference between (i) the Debt
Service Coverage for such period, and (ii) the reimbursement payments, whether principal or
interest, made by the City to the Parmership pUISUant to this Agreement, during such period.
Net Ooeratinf! Ca~h Flow means, for a calendar year, the difference between the Operating
Revenue and the Operating Expenses for such year.
Net Ooeratin!! Cash Flow After Debt Service means, for a calendar year, the difference
between Net Operating Cash Flow and Net Debt Service for sllCh year.
Onernrinp' Expenses means, for a calendar year, all operating expenses of the Partnership
which are paid during such period with respect to the Facilities that appear as "Opernting -'
Expenses" on the Annual Cashflow Schedule for such calendar year, including, without limitation
or duplication, inStallments of special assessments; real estate taxes; insurance premiums for
. liability, fire and extended coverage insurance; accounting, monitoring and audit fees, including
attorneys' fees relating thereto; taxes assessed upon or payable in respect of personal or real
property comprising the Facilities; marketing or leasing fees; management fees, to the extent they
do not exceed, a reasonable fee charged for management services provided, in light of management
fees then customarily charged in the Twin Cities metropolitan area by an unrelated patty for
providing substantially equivalent management services for an elderly rental housing facility of size
. and character substantially similar to the Facility; funding the Capital Replacement Reserve Fund in
an amount equal to $6,000, and any amounts paid to the City under the second paragraph of
Section 4.09 hereof; but not including the following paid during such period: (1) depreciation; (2)
interest expense; and (3) amortization of financing expenses.
Ooeratinl! Revenue means, for a.calendar year, all revenues received by the Partnership
during such period from operating the Facility that appear as "Operating Revenue" on the Annual
Cashflow Schedule for such calendar year, including, without limitation or duplication, rents
received from tenants, parking or garage rentals or fees, storage facility rentals or fees, interest
income on bank accounts of the Parmership relating to the Facilities, miscellaneous revenues or
rents arising from laundry or vending machines, but not including the following received during
such period: (1) any prepaid rents (other than when applied to rents then due); (2) tenants' security
or reservation deposits (other than when forfeited) or other similar items; (3) reimbursement
payments, whether principal or interest, made by the City to the Partnership pursuant to Section
3.01 of this Agreement; (4) any Rent Subsidy; (5) any Rent Subsidy Interest; (6) extraordinary
gains; and (7) proceeds of any borrowing,
Section 4, Partnershio's Undertakinas.
4.01. Ownershio of ProoertV: Declaration of Covenants. The Partnership hereby
represents and warrants that, as of the date hereof, the Parmership is the owner in fee simple of the
Property, and there are no liens, defects or other encumbrances upon title to the Property that
would hinder the development of the Property by the Partnership as contemplated by this
Agreement. Contemporaneously with the execution and delivery of this Agreement, the
Partnership will execute and deliver the Declaration of Covenants., of even date herewith (the
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"Declaration''), and will cause an executed counterpart of the Declaration to be filed of record in the
. real estate records of Ramsey County, Minnesota, and shall pay all costs of such recording.
4.02. Plans and Snecifications. The Parmership will complete (or cause to be completed)
the Public Development Activities in accordance with plans and specifications therefor (the
"Plans'') heretofore submitted to and approved by the City Engineer. Any change in the Plans
which materially alters the extent, manner or schedule for completing the Public Development
Activities shall be subject to approval by the City.
4.03. Contracts. The Parmership shall enter into one or more contnICtS with one or more
contractors (the "ContI1lCtors") providing for completion of the Public Development Activities and
should provide the City with a copy of all such contnICtS as they may at any time exist In
awarding conlI'aCts, the Parmership shall comply with applicable provisions of Minnesota law,
The contracts shall provide for completion of the Public Development Activities, subject to
Unavoidable Delays, by .199_. No material change shall be made in any such
contracts without the prior written consent of the City.
4,04, Minimum ImDrovements, ..
(a) Subject to Unavoidable Delays, the Partnership will construct, or cause to be
conslIUCted, the Minimum Improvements without encroachment onto any other propeny all in
accordance with the plans and specifications therefor, on or before , 199_.
(b) The Partnership 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
pnblic utility lines and facilities shall be subject to approval of the City and any private utility
Parmership involved. Except for public improvements which are assessable by the City or other
. governmental body against other benefitted properties, all street and utility installations,
rel~, alterations and restorations shall be at the Partnership's expense and without expense
to the City. The Partnership at its own expense shall replace any public facilities or utilities
damaged during the construction of the Minimum Improvements.
4.05. Certificate of Comnletion.
(a) Promptly after completion of the Minimum Improvements in accordance with this
Agreement, the Developer will provide the City with a certificate of substantial completion from
Developer's architect, and the City will furnish the Developer with an appropriate Certificate of
Completion, substantially in the form of Exhibit F hereto, as conclusive evidence of satisfaction
and termination of the agreements and covenants of this Agreement with respect to the obligations
of the Developer to construct the Minimum Improvements. Any Certificate of Completion
furnished by the City shall not constimte evidence of compliance with or satisfaction of any
obligation of the Developer to any mongagee.
(b) If the City shall refuse or fail to provide a Certificate of Completion, the City shall,
within 30 days after the Developer provides the architect's certificate referenced in Section 4,05(a),
provide the Developer with a written statement specifying in what respects the Developer has failed
to complete the Minimum Improvements in accordance with this Agreement, or is othetWi.se in
default, and what measures or acts will be necessary, in the opinion of the City, for Developer to
obtain the Certificate of Completion.
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4,06. Prorress Renons. Until the Public Development Activities have been completed in
. accordance with the Plans and the Minimum Improvements have been completed in accordance
with the plans and specification~ therefor, the Partnershi~ shall make, in such ~tail ~ may
reasonably be required by the City, and forward to the City, on a monthly basiS, a wntten repon as
to the actual progress of such work.
4.07. Access to Pmnertv. The Partnership agrees to pennit the City and any of its
officers. employees or agents access to the Property for the purpose of inspection of all work being
.....fo.,n.:d in connection with the Public Development Activities; provided, however, that the City
shall have no obligation to inspect such work.
4.08. Events of Default: Remedies. Each or any of the following occurrences shall
constinne an Event of Default for purposes of this Agreement:
(a) failure by the Partnership to commence or complete the Public Development
Activities at the times and in the manner set forth in Section 4 hereof;
(b) failure by the Partnership tocommencc or complete the Minimum ,..
Improvements at the times and in the manner set fonh in Section 4 hereof;
(c) failure by the Partnership to observe and perform, or breach by the Partnmhip
of, any other covenant. agreement. condition or obligation on its pan to be observed and
performed under this Agreement; or
(d) filing of any voluntary petition in bankruptcy or similar proceedings by the
Partnership or any of its general partners; general assignment for the benefit of creditors
. made by the Partnership or any of its general partners or admission in writing by the
Partnership or any of its general partners of inability to pay its debts generally as they
become due; or filing of any involuntary petition in bankruptcy or similar proceedings
against the Partnership or any general partner which are nor dismissed or stayed within 60
days.
Upon the occurrence of an Event of Default which has not been cured within 30 days after
written notice thereof delivered to the Partnership, the City may llIke anyone or more of the
following remedial steps: (i) terminate this Agreement; (ii) suspend the City's perfonnance under
the Agreement until it receives assurances from the Partnership satisfactory to the City that the
Parmership will cure such Event of Default and perform its obligations under the Agreement; (iii)
withhold the Certificate of Completion; or (iv) llIke any other actions deemed necessary or desirable
by the City, including legal or administtative proceedings for the collection of any amounts due
hereunder or the enforcement of any covenant. agreement or obligation on the pan of the
Parmership.
In the event the City should fail to observe or perform any covenant, agreement or
obligation of the City on its pan to be observed and performed under this Agreement, the
Parmership may (i) terminate this Agreement; (ii) suspend the Pannership's performance under the
Agreement until it receives assurances from the City satisfactory to the Pannership that the City
will perform its obligations under the Agreement; or (iii) llIke any other actions deemed necessary
or desirable by the Partnership, including legal or administtative proceedings for the collection of
any amounts due hereunder or the enforcement of any covenant. agreement or obligation on the
pan of the City,
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.
.
- 4.09. Indemnity: Reimbursement for Reduction in Slale Aids, The PartnerShip shall
indemnify. defend and save hannless the City. its governing body and its officers. agents,
employees and contraCtors from any and all claims or causes of action and all costs and expenses.
including all attorneys' fees. in any way resulting from or arising oul of. ~ allegedly resul~ng
from or arising out of. the condition or use of the Pmperty or the undertaking and completi.on of
the Public Development Activities, the Minimum Improvements or any Subsequent Improvements
(as hereinafter defined). including operations of ContraCtors and acts or omissions of employees or
agents of ContraCtors. or otherwise in connection with this Agreement or the Declaralion.
To the extent that the local government aid, the homestead and agricultural credit aid or
other aids or payments to the City from the State of Minnesota are reduced under Minnesota
StatulCS. Section 273.1399, or other law. whether now existing or enacted in the future, by reason
of the establishment of the District or the financing of the Public Development Activities, the
Partnership shall. upon written demand therefor. pay to the City the amount of such reduction in
such state aids or payments as of the dates the City would otherwise have received such aids or
payments from the State; provided that the aggregate amount of payments to be made by the
Partnership 10 the City under this paragraph during the term of this Agreement shall nOl exceed the
total amount of tax incremenl paid to the Partnership under Section 3,01 hereof. If the Parmership ~.
fails to pay such amount on such dale. such amount shall bear interest until paid at a rate equal to
percent <- %) per annum. The City shall with its demand for such payment provide
in writing to the Parmership calculation of the amount by which such stale aids or payments have
been so reduced and the dates on which such amounts would otherwise have been received by the
City from the State. Such writing shall be conclusive of the amounts due hereunder and the dates
such amounts are payable. absent manifest error.
4.10. Reoons and Information. The Parmership agrees to provide the City the fonowing:
. (a) Promptly fonowing completion of the Public Development Activities, a
statement certified by the general parmer of the Pannership. of the actUal cOSl5oOf the Public
Development Activities by category, as such appears in estimated form in Exhibit D hereto.
together with such additional information as the City shall reasonably request substantiating
the amount and narure of such costs; and
(b) Promptly following securing financing for the construction of the
Minimum Improvements. a certificate. executed by the general parmer of the
Partnership. stating the principal amount, interest rate. term. amortization schedule
of the financing. identifying any covenants of the Partnership relating to debt
service coverage or other financial matters and stating that the documents attached to
such certificate are true and correct copies of all of the documents entered into by
the Parmership or any of its partners or its lender relating to the financing.
Section 5. Use of Propertv: Financin~ and Liens.
5.01. General Restrictions. The Partnership agrees for itself. its representatives.
successors and assigns. and every successor in interest to the Property or any pan thereof. that the
Partnership and its permitted successors and assigns shall. for a period ending on .2018:
(A) devote the Property. the Minimum hnprovements and any improvements
hereafter constructed thereon (the "Subsequent hnprovements") to low and modetate
income' rental housing facilities and related improvements for occupancy by individuals
who are not less than 55 years of age; provided that not more than one individual residing
. -9-
.
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. in a unit may be less than 55 years of age. if one or more other individuals each of whom is
not less than 55 years of age also reside in the unit;
(B) not discriminate on the basis of color, creed, national origin. or sex in the sale.
lease. use or occupancy of the Propcny, the Minimum Improvements or the Subsequent
Improvements or any pan thereof;
(C) not cause the Propcny. the Minimum Improvements or the Subsequent
Improvements or any pan thereof to be removed from the public tax rolls or to become
exempt from assessment for general ad valorem real estate taxes by tcasQn of any
conveyance, lease or other action; and
(0) develop the Property in an orderly manner consistent with the City's zoning
ordinances and comprehensive plan so as to ensure a pleasing appearance of the
developn1Cnt and to create a sense of architectural unity through appropriate placement of
improvements on the Property and use of common building materials in the constrUction
thereof.
If the Declaration is no longer in effect and the Partnership determines that operation of the ~
Property, the Minimum Improvements and any Subsequent Improvements in accordance with the
foregoing restrictions would endanger the financial viability thereof. the Partnership may request
the City Council of the City to consent to the amendment, modification or termination of any of the
restrictions in any respect The City is under no obligation to amend, modify or terminate any of
the restrictions and may, in its seIe and absolute discretion. refuse to do so.
5,02. Covenant~. It is intended and agreed that the covcnants provided in Section 5.01
. shall be covenants running with the land binding to the fullest extent pcnnitted by law and equity
for the benefit and in favor of. and enforceable by, the City. its successors and assigns, against the
Partnership. and its representatives. successors and assigns. and every successor in interest to the
Property or any pan thereof or any interest therein. and any pany in possession 01' occupancy of
the Property or any pan thereof; provided, further, that breach of these covenants shall not result in
a forfeiture of tide to the Property. .
5.03. Restrictions on ConveYance' Financin!!. Until the Public Development Activities are
complete, the Partnership will not make or suffer to be made. any sale. assignment. conveyance,
lease. mortgage, encumbrance. lien 01' transfer in any other form, of this Agreement or the
Property, or any pan thereof. or any interest therein, or contract or agree to do any of the same.
without the prior written consent of the City,
Section 6. General Provisions.
6.01. Conflicts ofInterest: City's Renresentarives Not Individuallv Liable. No member,
officer, or employee of the City shall have any personal interest, direct or indirect, in this
Agreement. the Property, the Subsequent Improvements. the contracts for the Public Development
Activities or the constrUction of the Subsequent Improvements. nOl' shall any such member,
officer. 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. officer or employee of the City shall be
personally liable to the Pannership in the event of any default under or breach of this Agreement by
the City. ~{9fany amounrwhich may become due to the Partnership for any obligation issued
under or arisirigTfum1he termS of this Agreement
. ,10,
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. 6.02. Ri l!hts Cumulative. The rights and remedies of the parties of this Agreement,
whether provided by law or by this Agreement, shall be cumulative, and the exercise by either
party of anyone or more of such remedies shall not preclude the exercise by such party. at the
same or different times. of any other remedy for the same default or breach or of any of its
remedies for any other default or breach of the party. No waiver made by either such party with
respect to the performance or the lIllIMer or time thereof. of any obligation under this Agreement,
shall be considered a waiver with respect to the particular obligation of the other party or a
condition to its own obligation beyond those expressly waived in writing and to the extent thereof.
or a waiver in any respect in regard to any other rights of the party making the waiver of any
obligations of the other party. Delay by a party hereto instituting or prosecuting any cause of
action or claim hereunder shall not be deemed a waiver of any rights hereunder.
6.03. Unavoidable Delavs. Wherever used in this Agreement, the term "Unavoidable
Delays" shall mean a delay resulting from a cause over which the party required to make
performance does not have conl1'Ol and which cannot or could not have been avoided by the
exercise of reasonable care, including but not limited to acts of God, accidents. war, civil unrest,
embargoes. strikes, unavailability of raw materials or manufactured goods, litigation and the delays ..
of the other party or its contractors, agents or employees in the performance of their duties under or
incident to this Agreement.
6.04. Term of Al!TeeTTIent. This Agreementshiill remain in effect until .2018;
it being expressly agreed and understood that the provisions of this Agreement are intended to
smvive the expiration and satisfaction of any security insauments placed of record
contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the
expiration of the. term of this Agreement, as stated in this Section 6.04.
. Section 7. Administrative Provisions.
7.01. Notices. All notices, certificates or other communications required to be given to the
City and the Partnership hereunder shall be sufficiendy given and shall be deemed given when
delivered or deposited in the United States mail in certified form with postage fully prepaid and
addressed as follows:
If to the City: City of Arden Hills
City Hall
1450 West Highway 96
Arden Hills, Minnesota 55112-5794
Am: City Administrator
If to the Partnership: Cottage Villas of Arden Hills
Limited Partnership
375 East Kellogg Boulevani
Saint Paul, Minnesota 55101
Am: Mr. John Arkell
The City and the Partnership. by notice given hereunder, may designate different addresses to
which subsequent notices, certificates or other communications shou:ld be sent.
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I
7.02. Bindinl!' Effect This Agreement shall inure to the benefit of and shall be binding
. upon the City and the Parmership and their respective successors and assigns.
7.03. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competCllt jurisdiction. such holding shall not invalidate or render
unenforceable any other provision hereof.
7.04. Amendments. Chanl!'es and Modificarion~. 111is Agreement may be amended or any
of its terms modified only by written amendment authorized and execured by the City and the
Parmership. except as otherwise specifically provided hemn as to Exhibit D hereto.
7.05. FUrTher A~surances and r.~ve Instt'Uments. The City and the Partnership agree
that they will. from time to time. execute, acknowledge and deliver. or cause to be executed.
acknowledged and delivered. such supplements hereto and such funher instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Property or the
Public Development Activities or for carrying out the expressed intention of this Agreement
7.06. Execution Connternans. This Agreement may be simultaneously executed in several ;.
couoletpans. each of which shall be an original and all of which shall constitute but one and the
same instrument
7.07. Annlicable Law. This Agreement shall be governed by and constt'Ued in accordance
with the laws of the State of Minnesota.
7.08. C:~tions. The captions or headings in this Agreement are for convenience only and
in no way define. limit or describe the scope of intent of any provisions or Sections of this
Agreement.
. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be execured as
of the date first above written.
CITY OF ARDEN HILLS. MINNESOTA
(SEAL) By
Mayor
Attest:
City Adminisrrator
COTIAGE VllLAS OF ARDEN HILLS
LIMITED PARTNERSHIP
By CILE CO.
Its general parmer
By
Its
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.
. . STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing insl1'UlJlellt was acknowledged before me on this _ day of .
1993. by . the Mayor. and . the City Administrator. of the City of
Arden Hills. a Minnesota municipal corporation. on behalf of the corporation.
IN WITNESS WHEREOF. I have set my hand and my official seal this _ day of
.1993.
Nollllj' Public
;.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on this _ day of .
. 1993. by . the ofCile. Inc.. the general pannerofCottage Villas
of Arden Hills Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.
IN WITNESS WHEREOF, I have set my hand and my official seal this _ day of
.1993,
Nollllj' Public
This docwnent was drafted by
Dorsey & Whitney
Pillsbury Center South
220 South Sixth Street
Minneapolis. Minnesota 55402
.
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(
. EXHIBIT A
Legal Description of the Property
The real propertY and interests in such property located in the County of Ramsey, State of
Minncsoca and described as follows:
..
.
.
. A-I
I
. F.XHTBIT B
Public Development Activities
-"
.
. B-1
.
. EXHIBIT D
Schedule of Payments
~vment Date Princinal Interest Total Pavment
811195
211196
811196
211197
811197
211198
811198
211199
811199
211/00 ,.
8/1/00
211101
81110 1
211102
811102
211103
811103
211/04
. 811/04
211105
811105
211106
811106
211107
811107
211108
811108
211/rB
8Il/rB
211/10
. D-l
I
. EXHffiIT F
CERTIFICATE OF COMPLETION
WHEREAS. Coaage Villas of Arden Hills Umited Partnership. a Minnesota limited
Cership corporation ("the Owner"). is the owner of the I"~ in the County of Ramsey and
we of Minnesota described on Exhibit 1 hereto and made a pan hm:of (the "Propertyj; and
WHEREAS. the Property is subject to the provisions of a cenain Contract for Private
Development in Development District No.1. dated . 1993 (the "Agreement'').
between the Owner and the City of Arden Hills. Minnesota (the "City''); and .
WHEREAS. the Owner has fully and duly performed all of the covenants and conditions
of Owner under the Agreement with respect to the construction of the Minimum Improvements (as
defined in the Agreement) on the Property.
~
NOW.. THEREFORE, it is hereby certified that all requirements of the Owner under the
Agreement with respect to the construction of the Minimum Improvements on the Property have
been completed. and this instrument is to be conclusive evidence of the satisfactory tennination of
the covenants and conditions of the Agreement as they relate to the construction of the Minimum
Improvements on the Property. .
Dated this _ day of .199_.
- CTIY OF ARDEN HD..LS. MINNESOTA
By
Mayor
Attest:
City Administrator
. F-l
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Draft No.4
. 7/14193
DECLARA nON OF COVENANTS
COTIAGE VILLAS OF ARDEN Hll..LS LIMITED PARTNERSHIP
KNOW All PERSONS BY lHESE PRESENTS that COTIAGE VILLAS OF ARDEN
Hll..LS LIMITED PARTNERSHIP, a Minnesota limited partnership (the "Declarant"), does
hereby declare, establish and impose upon the premises described in Exhibit A hereto (the
"Property'') the following covenants and restrictions, which are for the benefit of the aforesaid
premises, and shall inure to and operate as equitable restrictions and covenants passing with the
conveyance of the aforesaid premises, and are imposed upon said premises as a servitude in favor
of said Premises:
Provided:
Section 1. Definitions. Unless otherwise expressly provided herein or unless the
context clearly requires otherwise, the following terms shall have the respective meanings set forth
below for the purposes hereof:
&1: the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174
to 469.179, as heretofore and hereafter amended or supplemented.
. Al!reement: the Contract for Private Development in Development District No.1, dated
as of the date hereof, between the City and the Declarant, including any amendment thereof or
supplement thereto entered into in accordance with the provisions thereof.
Bond Counsel: any firm of nationally recognized bond counsel selected by the City.
~: the City of Arden Hills, Minnesota, and any successor.
~: the Internal Revenue Code of 1986, as anrended from time to time.
Declarant: Cottage Villas of Arden Hills Limited Partnership, a Minnesota limited
partnership, or its permitted successors and assigns which may assume its obligations in
accordance with the Agreement
DeveloDment District: Development District No. 1 of the City designated pursuant to the
Development District Act and a resolution adopted by the City Council of the City on June 26,
1989,
Development District Act: Minnesota Statutes, Sections 469,124 to 469.134, as
heretofore and hereafter amended or supplemented.
DevelODment Prol!t1lfIl: the Development Program for Development District No.1,
as amended and supplemented by the Modified Development Program for Development District
No.1, adopted by the City Council of the City by resolutions adopted on June 26,1989, and
April 26, 1993, as hereafter anrended or supplemented in accordance with the Development
. District Act
.
(
District: Tax Increment Financing District No.3 of the City established within the
. Development District pursuant to the Act and a resolution adopted by the Oty Council of the City
on April 26, 1993.
Facilitv: the 6O-unit apartment complex to be acquired, constrUCted and equipped on the
Property in accordance with the Plans and Specifications.
Lower Income Tenants: individuals whose income is 60% or less of the area median
gross income within the meaning of Section 142(d) of the Code and regulations promulgated
thereunder. Without limiting the foregoing, the occupants of a unit shall not be considered to be of
low or moderate income if all the occupants are students (as defined in Section 151 (e)(4) of the
Code), no one of whom is entitled to file a joint return under Section 6013 of the Code.
flan: the Tax Increment Financing Plan for Tax Increment Financing District No.3,
adopted by the City Council of the City by a resolution adopted on Apri126, 1993, as hereafter
amended or supplemented in accordance with the Act.
Prol'~: the real estate and interests in real estate described on Exhibit A hereto, located
in Ramsey County, Minnesota.
Oualified Proiect Period: the period beginning on the first day on which ten (10%)
pen:ent of the units in the Facility are occupied (which date shall be established by a Certificate in
the form attached to this Declaration as Exhibit B, and until so established shall be deemed to be
not later than , 199->, and ending on the earlier of: (i) the first day after the date that the
District is terminated under the Act, (ii) the January 1 following any decertification of the District
under Section 469,1761, Subdivision 4 of the Act or (iii) February 1,2010.
. All the terms and provisions hereof shall be construed to effecruate the purposes set fonh
herein and to sustain the validity hereof. The titles and headings of the sections hereof have been
insened for convenience of reference only and are not to be considered a part hereof and shall not
in any way modify or restrict any of the terms or provisions hereof and shall never be considered
or given any effe:ct in construing this instrument or any provision hereof or in ascertaining intent, if
any question of intent should arise.
Section 2, Oualified Residential Rental Proiect. The Declarant, for itself and its
successors and assigns, does hereby declare, agree, covenant and affirm with respect to the
Property that, subject to the provisions of Section 3 and 10 hereof, the Facility is to be owned,
operated and managed as a qualified residential rental project within the meaning of Section 142(d)
of the Code. To that end, but without limitation of the generality of the foregoing, the Declarant
funher represents, covenants and agrees as follows:
(1) The Facility is being acquired and constructed for the purpose of providing
residential rental property for the elderly. The Declarant shall own, manage and operate the Facility
as a qualified residential rental project comprised of residential dwelling units and facilities
functionally related and subordinate thereto, in accordance with Section 142(d) of the Code.
(2) Once available for occupancy, each unit included in the Facility will be held available
for rental on a continuous basis during the Qualified Project Period.
. :.'2-
,
(3) Each unit in the Facility shall contain complete facilities for living, sleeping, eating,
. cooking and sanitation for a single person or family, but may be served by centrally located
equipment including but not limited to heating and air conditioning.
(4) Neither the Facility nor any portion thereof shall ever be used on a transient basis as
a hotel, motel, donnitory, fraternity house, sorority house, rooming house, hospital, sanitarium or
rest home or similar facility,
(5) The units in the Facility shall be leased and rented to members of the general public
without regard to race, religion, creed or national origin, The Declarant will not give preference in
renting dwelling units in the Facility to any particular class or group of persons, other than Lower
Income Tenants and elderly tenants.
Section 3. Lower Income Tenants. For the purpose of satisfying the requirements of
Section 142(d) of the Code, the Declarant represents, covenants and agrees as follows, but without
limitation of the generality of the foregoing, and subject to the limitations in Section 10 hereof:
(1) At all times during the Qualified Project Period the Declarant will rent at least
fany percent (40%) of the units in the Facility to Lower Income Tenants; provided that
during the period of leasing the Facility for initial occupancy at least 40% of the units that
are rented at any time shall be rented to Lower Income Tenants. The Declarant will
advise the City once each calendar year, in writing of units rented to Lower Income
Tenants and of any revision thereof; provided that such requirement shall be deemed
satisfied if the Declarant furnishes to the City a copy of the Annual Minnesota Housing
Finance Agency Low Income Housing Tax Credit Report, or similar report, furnished to
the Minnesota Housing Finance Agency with respect to the Facility. Any units so rented
to Lower Income Tenants shall have substantially the same equipment and amenities as
. the other units in the Facility, and Lower Income Tenants shall have access to all
common facilities included in the Facility upon the same tenDS as other tenants.
(2) If at any time after the initial rent-up, the Declarant is unable to rent or lease
40% of the units to Lower Income Tenants, the Declarant agrees to hold the unrented
dwelling units allocated for rent to Lower Income Tenants vacant and to offer the
unrented dwelling units so allocated for occupancy by Lower Income Tenants. A unit
which has been occupied by a Lower Income Tenant and has been vacated, shall be
treated as occupied by a Lower Income Tenant until reoccupied, other than for a
temporary period not exceeding 31 days, at which time the character of the unit will be
redetermined.
(3) The Declarant will obtain annually and maintain on file a current income
certification from each Lower Income Tenant residing in the Facility and such other
certification as may be reasonably requested by the City or the Commissioner of Revenue
to evidence that the covenants and agreements contained in this Declaration are being
observed.
(4) A tenant who is a Lower Income Tenant upon commencement of such
tenant's occupancy, shall be treated as a Lower Income Tenant hereunder. The preceding
sentence shall cease to apply to any tenant whose income as of the date of the most recent
annual income certification required by clause (3) above exceeds 140% of the applicable
income limit, if after such annual certification of the tenant's income, but before the next
. -3-
I
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annual certification, any unit of comparable or smaller size in the Facility is occupied by a
. new tenant who is not a Lower Income Tenant.
(5) The Declarant will pennit, upon not less than 24 hours' notice and during
regular business hours, any duly authorized representative of the City or the
Commissioner of Revenue to inspect the books and records of the Declarant pertaining to
the occupancy and incomes of Lower Income Tenants residing in the Facility.
Section 4, Nevative Covenants. In addition to those affinnative covenants and
agreements set forth in Sections 2 and 3 hereof, the Declarant does hereby agree that the Property
and the Facility to be constructed thereon shall at all times during the Qualified Project Period,
subject to the provisions of Section 10 below, be restricted as to the use and occupancy thereof by
the Declarant arid any other person or entity having an interest therein so that on a continuous
basis, during the Qualified Project Period. (a) the Facility, and each of the units therein, will be
available for no other purpose than rental and (b) at least forty percent (40%) of the units in the
Facility will be occupied by or available for occupancy by Lower Income Tenants in full
accordance with Section l42(d) of the Code so that no more than sixty percent (60%) of the units
in the Facility as originally constructed shall be used or occupied for all other purposes.
Section 5. Covenants Runninl! With the Land. The Declarant hereby agrees that it is its
. express intent that each of the affirmative and negative covenants and restrictions set forth in
Sections 2, 3 and 4 hereof shall be construed to be, deemed, and is hereby declared to be a
covenant running with the Property and that the benefit and burden of such covenants and
restrictions shall pass to, and be binding upon the Declarant's successors in title, unless terminated
or deleted as hereinafter provided. Except as provided in Section 10 hereof, each and every
contract, lease (other than leases of units in the Facility), conveyance, agreement or other
instrument hereafter executed covering or conveying the Property or the Facility or any part or
. portion thereof shall conclusively be held to have acquired such interest in the Property or the
Facility or any portion thereof subject to the obligations of such covenants, whether or not such
covenants and restrictions are set forth or referred to, or specifically agreed to be performed by any
such transferee, in any such contract, lease, conveyance, agreement or other such instrument
Section 6. Common Plan. The covenants and restrictions in Sections 2, 3 and 4 hereof
are intended to establish a uniform and common plan for the use, development and improvement of
the Property and the Facility for the common burden and benefit of the Declarant and all
subsequent owners and occupants thereof.
Section 7. Covenants Touch and Concern. The Declarant hereby agrees that the
covenants and restrictions in Sections 2, 3 and 4 hereof in fact touch and concern the Property and
the Facility in the following respects:
(i) The Declarant's legal title to the Property and the Facility has been
burdened with a use limitation as well as affinnative covenants running with the
property providing for the management of the Facility consistent with Section
l42(d) of the Code, to the end that the District will not be decertified under
Section 469,1761 of the Act before December 31, 2009.
(ii) The Declarant, and through the Declarant, the City, residents of the
City and the Slate of Minnesota and, particularly, the Lower Income Tenants.
will be assured that the Property and Facility will afford them safe, sanitary and
adequate housing during the effective term of the covenants and restrictions.
. -4-
..
. The Declarant recognizes that the covenants and resttictions in Sections 2, 3 and 4 hereof are
necessary to enable the financing of the Facility to be accomplished without which the Facility
could not be constIUCted and utilized, and although the existence of such covenants and resttictions
may in fact burden and render less valuable the Declarant's fee title to the property and the Facility
when completed, nevertheless the construction of the Facility upon the property and the utilization
of the same in accordance with such covenants and resttictions will constitute a significant financial
benefit to the Declarant far surpassing to the Declarant the benefit of leaving the plopetty vacant
and unimproved, and the Declarant specifically slates that the burden upon the Declarant's fee tide
to the property is reasonable, acceptable and certainly not unconscionable or against public policy
in any way, given the other benefits of the transaction to the Declarant and the citizens on behalf of
whom the City exercises the powers given it by law.
Section 8. The Ci1;y as Renresentative of Benefitted Parties. The City and its successors
and assigns (including, without limitation, the Commissioner of Revenue), although benefitted
entities of the covenants and resttictions in Sections 2, 3 and 4 hereof, are hereby designated the
representatives of any and all other persons or entities also benefitted by such covenants and
restrictions, insofar as the enforcement, construction, interpretation, amendment, release or
termination of such covenants and resttictions are concerned. This designation and appointment
shall also run with the property and is hereby made and agreed to by the Declarant, its successors
and assigns, and any subsequent transferee of any interest in the Property and the Facility, or any
part thereof, from the Declarant.
Section 9. Remedies. Enforceabilitv. In the event of a violation, or attempted violation,
of any of the covenants or resttictions in Sections 2, 3 and 4 hereof, the City and its successors or
assigns and the Commissioner of Revenue of the State of Minnesota under Section 469.1761 of
. the Act (but only the City and its successors and assigns and the Commissioner of Revenue) may
institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such
violation or to specifically enforce the covenants therein set forth. Notwithstanding any other
provision hereof, enforcement of these covenants and resttictions shall not result in any claim
against the Facility or against the rents or other income from the Property. In the event of a
violation of the covenant of the City with respect to execution of the Certificate of Amendment,
Termination or Deletion of Covenants in accordance with Section 10 hereof, the Declarant and its
successors and assigns may institute and prosecute any proceedings at law or in equity to abate,
prevent or enjoin any such violation or to specifically enforce the covenants therein set forth;
provided, however, the Declarant waives any and all rights it has to bring an action for damages
against the City with respect to any violation ofthe covenants of the City set forth in Section 10
hereof. Until terminated or deleted as hereinafter provided, the provisions hereof are imposed
upon and made applicable to the Property and the Facility and shall be enforceable against the
Declarant, each purchaser, grantee, owner or lessee of the Facility (other than a lessee of units
therein) and the respective heirs, legal representatives, successors and assigns of each. No delay
in enforcing the provisions of said covenants and resttictions as to any breach or violation shall
impair, damage or waive the right to enforce the same or to obtain relief against or recover for the
continuation or repetition of such breach or violation or any similar breach or violation thereof at
any later time or times,
Section 10. Term: Amendment. Termination or Deletion of C..ovenants.
(1) The term of this Agreement shall commence on the date of execution and delivery
hereof and continue throughout the Qualified Project Period, unless earlier terminated as provided
in this Section 10, Upon the termination of the Qualified Project Period, this Agreement shall
. -5-
I
----
terminate and be of no further force and effect, without the necessity of any act or document
. whatsoever; it being expressly agreed and understood that the provisions of this Declaration are
intended to survive the expiIation and satisfaction of any security instruments placed of record
contemporaneously with this Declaration, if such expiIation and satisfaction occurs prior to the
expiIation of the Qualified Project Period.
(2) The provisions of Sections 2 through 10 of this Declaration shall not be amended,
terminated or deleted prior to the stated term set fonh in Subsection (1) hereof, except (i) by an
instrument in writing duly executed by the City and the Declarant or their respective successors or
assigns or (ii) in accordance with paragraph (5) of this Section 10.
(3) At any "Appropriate Tune" (as hereinafter defmed), the Declarant, or its successors
or assigns, shall execute and deliver to the City a Certificate of Amendment, Termination or
Deletion of Covenants in the form attached to this Declaration as Exhibit C. If the Declarant's
request is made at an "Appropriate Time," the City will execute and deliver to the Declarant the
Certificate of Amendment, Temrination or Deletion of Covenants. Any such certification entered
into by the Declarant and the City shall be (and it shall be so provided in the certification itself) a
conclusive determination of the amendment or satisfaction and termination or deletion of the
covenants and restrictions in Sections 2, 3 and 4 hereof with respect to the obligations of the
Declarant and its successors and assigns under Sections 2 through 10 of this Declaration, including
particularly Sections 2, 3 and 4 hereof, it being the intention of the parties that upon the execution
and filing of any amendment, such covenants and restrictions shall thereafter and for all purposes
be modified and amended and that upon the granting and filing of any termination or deletion such
covenants and restrictions shall thereafter for all purposes be forever terminated or deleted from
this Declaration.
(4) Prior to such expiIation of the stated term of this Agreement set fonh in Subsection
. (1) of this Section 10, it shall be an "Appropriate Time" for the execution and delivery of the
Certificate of Amendment, Termination or Deletion of Covenants only if the Declarant delivers to
the City with the Declarant's request a written opinion of Bond Counsel addressed to the City and
the Declarant to the effect that the amendment or earlier temrination or deletion from this
Declaration of such covenants and restrictions will not violate the Act or cause the District to be
decertified under Section 469.1761 of the Act before December 31, 2009. Such opinion of Bond
Counsel shall clearly state whether it addresses amendment, termination or deletion of the
covenants and restrictions of Sections 2, 3 and 4 hereof and shall specify the applicable paragraph
of Exhibit C to be included in the Certificate of Amendment, Termination or Deletion of
Covenants, Upon receipt of such request of the Declarant and accompanying opinion, the City
shall deliver the Certificate of Amendment, Termination or Deletion of Covenants to the Declarant.
(5) The provisions of Sections 2 through 10 of this Declaration shall be deemed to be no
longer in effect, without the necessity of any act or document whatsoever, in the event of
noncompliance with the provisions of Section 142(d) of the Code and Treasury Regulations
promulgated or proposed thereunder if such noncompliance is caused by involuntary loss caused
by fire, seizure, requisition, foreclosure, transfer of title by the Declarant in lieu of foreclosure,
change in federal law or an action of a federal agency after the date of issue of this Declaration
(which change in law or action prevents the City from enforcing the requirements of Sections 2
through 10 of this Declaration), or,condemnation or similar events, To evidence the facts stated in
this paragraph (5) and not as a condition to the termination of such covenants, the City, upon
request of the Declarant, accompanied by a certificate evidencing the factual basis for the request,
shall execute and deliver a Certificate of Termination of Covenants in substantially the form of
Exhibit C hereto, which for this purpose need not be executed by the Declarant and may be
. -6-
I
----------- - - ----------.. -
- amended accordingly. The provisions of this paragraph (5) shall be deemed to be inoperable, and
the requirements of Sections 2 through 10 of this Declaration shall continue in effect, if the
operation of this paragraph (5) would cause the Act to be violated or cause the District to be
decertified under Section 469.1761 of the Act before December 31, 2009,
Section 11. Recordabilitv of Certificates and Amendments. The Certificate and
Declaration as to the Qualified Project Period, Exhibit B, and any amendment thereof, the
Certificate of Amendment, Termination or Deletion of Covenants, Exhibit C, and any amendment
of covenants and restrictions provided for herein shall all be in such form as will enable them to be
recorded with the County Recorder, Ramsey County, Minnesota.
Section 12. Covenants as C'.onsideration. The covenants and restrictions set forth in
Sections 2, 3 and 4 hereof constitute a pan of the consideration given and agreed to by the
Declarant for the City making available taX increment revenues from the District to the Developer.
Section 13. Goveminl1' Law. This instrument shall be governed by the laws of the State
of Minnesota.
Section 14. Notices. Any notice required to be given to either party hereunder shall be
given in writing by certified mail at the address of such party specified below, or at such other
address as may be specified by that party by notice given to the other party:
If to the City: City of Arden Hills
City Hall
1450 West Highway 96
Arden Hills, Minnesota 55112-5794
. Ann: City Administrator
If to the Declarant: Cottage Villas of Arden Hills
Limited Partnership
375 East Kellogg Boulevard
Saint Paul, Minnesota 55101
Ann: Mr. John Arkell
Section 15. Severability, If anyone or more of the covenants, restrictions or provisions
hereof are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining covenants, restrictions or provisions hereof shall not in any way be affected or impaired,
which shall remain in full force and effect
Section 16. Other Annlicable Laws. This Declaration is also given subject to the
provisions of the ordinances, building and zoning laws of the City, state and federa11aws and
regulations insofar as they affect this real estate.
. -7-
,
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed
- in its behalf by its duly authorized partners to indicate its acceptance of the tenns and provisions
hereof and the covenants contained herein. and to express its understanding of and agreement with
the intent hereof. as of .1993.
COITAGE VILLAS OF ARDEN HILLS
UMITED PARTNERSHIP
By CILE CO.
Its general partner
By
Its
Solely for the purpose of acknowledging and agreeing to those provisions of Section 10
of this Declaration that are applicable to it, and not otherwise. the City has caused this Declaration
to be duly executed by its duly authorized officers, as of , 1993.
CITY OF ARDEN HILLS, MINNESOTA
(SEAL) By
. Mayor
Attest:
City Administrator
This instrument was drafted by:
Dorsey & Whimey
Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402
. -8-
.
STATE OF MINNESOTA )
- ) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of . 1993,
by . the of Cile Co., the general partner of Cottage
Villas of Arden Hills Limited Partnership, a Minnesota limited partnership, on behalf of the limited
partnership.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on this _ day of
. 1993, by , the Mayor, and , the City Administrator,
of the City of Arden Hills, a Minnesota municipal corporation, on behalf of the corporation.
IN WITNESS WHEREOF, I have set my hand and my official seal this _ day of
. ,1993.
Notary Public
. -9-
,
.
EXHIBIT A
- Legal Description of Land
The real estate and interests in real estate located in the County of Ramsey, Minnesota,
and legally described as follows:
.
. A-I
f'
EXHIBIT B
. Certificate and Declamtion
as to
Qualified Project Period
WHEREAS. Cottage Villas of Arden Hills Limited Partnership, a Minnesota limited
partnership, Declarant. by a Declaration, recorded on . 1993. in the office of the
County Recorder in and for the County of Ramsey and State of Minnesota, as Document No. _
(the "Declaration''), has imposed certain restrictions and covenants upon the following described
land in the County of Ramsey and State of Minnesota, to-wit:
[Insen Legal Description]
WHEREAS, the Declaration contained cenain covenants and restrictions in Section 2. 3
and 4 thereof which were intended to run with the land and be binding upon the Declarant, its
successors and assigns. at all times during a Qualified Project Period. as therein defined. unless
and until such covenants and restrictions are amended, termination or deleted as provided in the
Declaration; and
WHEREAS. under the terms and provisions of Section 1 of the Declaration the dates of
certain occurrences are to be established by an instrument to be executed by the Declarant and the
City of Arden Hills. Minnesota (the "City'') in substantially the fonn of this Certificate and
Declaration.
. NOW, TIfEREFORE. the Declarant and the City do hereby certify and declare that the
date on which ten percent of the units in the Rental Project (as defined in the Declaration) were
occupied was , 199_. which was the date of commencement of the Qualified
Project Period.
Dated this day of .199_,
COTIAGE VILLAS OF ARDEN HILLS
LIMITED PARTNERSHIP
By CILE CO,
Its general panner
By
Its
- B-1
I
-~
. CITY OF ARDEN HILLS, MINNESOTA
By
(SEAL) Its
.
. B-2
.
. STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of . 199_,
by . the of Cile Co., the general parmer of Cottage
Villas of Arden Hills Limited Parmership, a Minnesota limited partnerShip, on behalf of the limited
parmership.
Notary Public
STATE OF MINNESOTA )
. ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,199_,
by . the of the City of Arden Hills, Minnesota, a
municipal cotpOration, on behalf of the municipal cotpOration.
Notary Public
. B-3
I
EXHIBIT C
- Certification of Amendment or Termination
or Deletion of Covenants
WHEREAS, COTTAGE VILLAS OF ARDEN HILLS LIMITED PARTNERSHIP, a
Minnesota limited parmership (the "Declarant"), by a declaration recorded . 1993, in the
office of the County Recorder in and for the County of Ramsey and State of Minnesota, as
Document No. (the "Declaration"), has imposed certain covenants and restrictions on the
following described land in the County of Ramsey and State of Minnesota, to-wit:
[Insert Legal Description]
WHEREAS, the Declaration contained cenain covenants and restrictions in Section 2, 3,
and 4 thereof which were intended to run with the land and be binding upon the Declarant, its
successors and assigns; and
WHEREAS, the City of Arden Hills, Minnesota (the "City"), or its successors and
assigns, was given in said Declaration the full and absolute right and obligation to amend or
tenninate or delete such restrictions and to execute and deliver this Certificate for and on behalf of
all persons and entities who might have been benefitted by such covenants and restrictions; and
WHEREAS, under the terms and provisions of Section 10 of said Declaration it is now an
Appropriate Time (as such term is defined in the Declaration) to deliver this Certificate and to
. amend or terminate or delete such covenants and restrictions.
NOW, TIlEREFORE, this to certify that [DELETE (a) OR (b) OR (c) IF
INAPPLICABLE]: (a) the covenants and restrictions set fonh in Section 2, 3 and 4 of the
Declaration are null and void and of no further force or effect; the County Recorder in and for the
County of Ramsey and State of Minnesota is hereby authorized to accept this instrument for
recording and fIling as a conclusive determination and the termination and release of all covenants
and restrictions set forth in Sections 2, 3 and 4 of the Declaration, as specified and as a complete
termination of all rights and other remedial provisions of Sections 2 through 10, Q[ (b) the
covenants and restrictions set forth in Sections 2, 3 and 4 (or any of them, as specified:
), of the Declaration are hereby deleted from the Declaration; the County
Recorder in and for the County of Ramsey and State of Minnesota is hereby authorized to accept
this instrument for recording as a conclusive detennination of the deletion from the Declaration of
all covenants and restrictions set forth in Sections 2, 3 and 4 (or any of them, as specified:
) of the Declaration and as a complete deletion of the provisions of Sections 2
through 10 of the Declaration (or certain provisions, as specified: ) Q[ (c)
the covenants and restrictions set forth in Section 2, 3 and 4 (or any of them, as specified) of the
Declaration are hereby amended to read as follows: [insert text of amendment]; the County
Recorder in and for the County of Ramsey and State of Minnesota is hereby authorized to accept
this instrument for recording and filing as a conclusive detennination of the amendment of the
covenants and restrictions set forth in Sections 2, 3 and 4 of the Declaration, as specified.
. C-l
r
Dated this day of .-
. COTIAGE VILLAS OF ARDEN Hn.LS
UMITED PARTNERSHIP
By Cll..E CO.
Its general partner
By
Its
CITY OF ARDEN Hn.LS. MINNESOTA
By
(SEAL) Its
.
. C-2
.
. STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of . ,
by . the of Cile Co., the general partner of Cottage
Villas of Arden Hills Limited Partnership. a Minnesota limited partnership, on behalf of the limited
partnership.
Notary Public
STATE OF MINNESOTA )
) ss.
. COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
,-.
by . the of the City of Arden Hills, Minnesota, a
municipal coIpOTation, on behalf of the municipal corporation.
Notary Public
. -c~'1
~
~ Family Violence Network
.' (--., (--\
, -;P v ~ Post Offi>.:e Box X54, Lake Elmo. \1:\ 55042-045-1.
:---.-..-- ''-d----./
./ -----=- ~
~/ Peace ' ,
. :/ Business - (612) 770-8544
. -/ t\
Begins Fax - (612) 777-8937
at Home Crisis-(612) 770-0777
Executive Committee Intervention - (612) 770-2998
Dennis Cusick
Presidl'lU TDD - (612) 490-5979
Lou Fuller
Presidem Eieer "a cummunity project on family riolence"
Rusself Cuoper
Treasurer July I, 1993
Tom Cytron-Hyso/IT
Secretary
Board of Directors
Carol Paukert Anderson
Joyce Belknap Ms. Dorothy Person, City Administrator
Donna CairncroH Village of Arden Hills
Russell Cooper
Dennis Cusick 1450 W. Highway 96
Tom Cytron-Hysom Arden Hills, MN 55112
Culver Davis
Ed Davis
Gaye Delauey Dear Ms. Person:
Lou Fuller
James Gillespie As a community leader, I'm sure you understand how important it is
Dori!iHill
Willie Nesbit for an organization like the Family Violence Network to work hand in
. Patricia O'Gonnan hand with law enforcement and government agencies to end domestic
David Schwam
abuse. Since the very ftrst day we offered services in suburban Ramsey
Director County, we have been proud to act in partnership with the agencies
Patricia Teiken and officials who have an impact on the lives of women and children
affected by domestic abuse. Together, I believe we are making a
Jeanne A. Campion difference in those lives.
Endowment Fund
Gifts and Bequesls A brief look at the statistics from your jurisdiction tells some of the
wiil enSflre story. In 1992 we intervened in 18 domestic assault cases in Arden
availability
of service~'. Hills. This year promises to be even busier: during the first quarter of
1993, we have already intervened in 9 cases. In addition, our
advocates contacted 128 Arden Hills victims and 9 assailants from
January to March, 1993, and attended court 45 times to monitor these
cases.
"Equal Besides these intervention services, we answered 9 Arden Hills calls to
Opportunity our crisis line (compared to 4 for all of last year). Other services
Employer" provided include safe homes, support groups, referrals, and
.. community education. The enclosed statistics are for your
information.
~
"
United Way
-
---- --
Ms. Dorothy Person
. July 1, 1993
Page Two
Our work is enhanced by the cooperation and trust we have built with law enforcement and
government agencies in our service area. In turn, the services we provide to victims of
domestic abuse make it easier for law enforcement to do a safe and effective job in a
difficult situation.
Up until now, we have provided services to Arden Hills via a contract for services with
Ramsey County. Since learning recently that our Ramsey County funding has been
reduced indefmite1y, we have been forced to make some hard choices. We must either
reduce the level of services we provide to our communities in Ramsey County, or appeal to
those communities for help.
We are therefore requesting $5,000 from the Village of Arden Hills in order to continue
providing domestic abuse intervention, education and crisis services to the citizens of Arden
Hills in 1994.
With regards,
. ~
Elizabeth M. Johnson
Interim Executive Director
Enclosures: Grant Proposal
1994 Budget
Financial Statement
Comparative Statistics
Board of Directors
501(c)3
News Stories
Annual Report
.
---- ---
FAMILY VIOLENCE NENOR!<
WASHINGTON & RAMSEY STATISTICAL COMPARISON REFERRALS 1988 1989 1990 llll 1992
ADVOCAT.E SERVICES 1988 1989 1990 llll 1992 Legal 417 413 ....2ll lill. 2602
AFDC/Soc. Svcs . 162 --.M --1ll ...1.ll 256
Cri.sis Calls 1ill 2938 3090 4115 5252 Police ...1l1 246 -1ll ~ 1812
.person Counseling/Treat 503 -2li -1ll 914 ..ll2.
804 758 940 1ill. 1467 Support Group 525 536 ~ 763 llil
Child Protect. 151 -2.l --...!l.i ...lll ~
Follow-up 2282 3937 4101 llil 3072 SelCUS.l Assault --2 --1 ---..JJ=. --ll 138
Housing/Shelter ~ 186 -2lQ. ~ J..lti
Safe Home ----12 ----12 -1 -1l 4932 Medical ......1.2. -2Q -ll --..li ...ll!!:.
Parents Anon. -ll -21. -12. ---ll -ll
Order for Child care --2 --1 -2 ~ -1.2
Procection ~ -2J1 ...lll -ill. -ll2. Other ~ JQQ 479 .2ll1 8635
Other Court TOTAL REFERRALS ~ 2347 2767 10862 17175
Appearances ...lll 1Q1. 580 Jll ~
CALLS BY LOCATION ... .-
INTERVENTION/COURT AnonymousfWACO --21l -ill. ....ll2. 2ll. 1314 _
Afton -1l -1l -12. -ll -ll
Misdemeanors/Gross Baypore -li ~ ......1.2. -12 ......1.2.
Misdemeanor 814 996 748 1216 ....lli Birchwood --2 --1. 4 --.!::. -21
Cottage Grove ..JJ.2. 244 288 343 ..JJ.2.
Felony -2l ---22 --..ll -2Q .....ll Dellwood -3:. --1. --1 ----2. -..Q
Forest Lake ---ll ...ll1 ---21. -M J1l
Monitoring 413 1051 3872 2197 3177 Grey Cloud --.:Jl. -..Q --1 -.Q -..Q
Has tings ---12. --..1Q ---2 -1Q ---.1.2.
Fo11ow.up ~ 3184 3298 3764 6115 Hugo -12. -21 ~ -ll -2l
. . Lake Elmo -ll -1J. ---2J. 57 -M
~
CHILDREN'S SERVICES Lake1and --1J!. -21. -11. -1.l.. ---1.!!.
Crisis Calls -1Ql ~ -ll -2l. -22 W. Lakeland -..Q --1 --1Q -1 4
tfPerson J.9Q ---ll ---ll 116 805 Landfall -12. ---1l -ll -2Q ......1.2.
low-up 568 ~ 1403 1174 ~ Mahtomedi ~ ---ll -2Q --ll -21
ild Care J.9Q 245 164 -ill ........1.!::. Marine -1l. ~ -1Q ~ ----12
A.C.E.P.T. ---1.!!. -l!l. -12. -ll ---2J. Newport ...lll -il ~ ....li2. 104
Oak.Park Hts. ----12 --1Q. -12. -ll ---1.2
SUPPORT GROUPS Oakda1e ....l22. ....w. 345 294 463
St. Croix Beach -2 4 ---12. ~ --.ll.
l! Women I s Group 173 182 -122. --1ll 260 50. Paul Park III ~ ~ ----1! .Jill.
Scandia ----12 ~ -1I ~ ---ll
Women Attending 584 703 -22l. 1122 12'3 Stillwater -12.!=. 291 338 -ll2. ....lll
if Children's Willernie ---1 ~ -12. 11 -1l
~
Groups J1l ...liZ. ...J.ll ...lli 200 Woodbury J.2l 152 158 214 -.f2J.
If Attending 514 441 678 -2ll 759
Child Care ~ 245 ...lll 392 603 Ramsey Co.
Gem Lake -..Q -..Q -1 ~ 4
Little Canada -9. -..Q --..ll 157 -Il
COHMUNITY ED. Maplewood ......1.2. ~ --.!:l 217 100
MoundsvieW' ~ -..Q -..Q -.Q -1l
Presentations 110 168 127 ..li2. 149 New Brigheon -9. -..Q -..Q -.Q ---1.2
if Attending 3662 4198 3326 4620 5647 Noreh Oaks -9. -..Q ~ ---2. --1.
No. Se. Paul -ZJ. -1Z. ~ ~ ~
VOLUNTEER Roseville -9. -..Q -..Q -.Q -12.
Shoreview -..Q -..Q -.Q ---2. -dl
Volunceers 156 ...Jl1. 181 191---111. St. Anthony -9. -..Q ~ -.Q ----12
Vol. Hours 3294[,. 22110 15911 20544 23488 St. Paul -9. -..Q 157 381 .22l.
Vadnais Heights -..Q -..Q --..ll 153 131
Physically Challenged ---2 ......1.2. --.ll --1 White Bear Lake Jll -ill. ...lll 320 Jll
~P1e Of Color --1Q -12 --.2.2 . 146 136 W.B. l'.mship -..Q -..Q ---2. -22 ---1J.
der Women ~ -dl -1Q -ll -11 Anoka County -ll -1l ~ ~ --1Q
Chis ago Count::"'"f 4 -1l ---.1.2. -2 --2
Dakoc.a CounC"f -1.2 31 ~ 55
~
Hennepin Councy --1.1 ---D. ~ --2Q -M
Scoct: CounC"".1 -..Q --2 -..Q ~ --2
o the"!:'" ,I ~"!"tC7C 38 " 1" :::() :0"
Northwest Youth & Fami~ SelVlces
Rush Lake Business Park. 1 n5 Old Highway 8 . New Brighton, MN 55112 . Telephone 636-5448
. ;I_RAb
CC' KI /lj
./
(lM
July 8, 1993. Cov J, r
/10 ~ (OS
7ft 1/;0
Ms. Dorothy Person,
City Administrator
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
Dear Ms. Person:
Attached you will find the requested city participation amounts
for 1994. Your city's requested contribution is $9,947.00.
In determining this year's level of request, there were three
considerations by the Board:
1) Population of your city.
. 2) Usage of services by residents in your city.
3 ) An average of 3% cost of living increase.
You may note that some cities have little or no increase this
year. This occurs as a result of our effort to be fair as we
balance your City's Usage and your City's Population.
Representatives from the Board of Directors are willing to meet
with your Council during the budgeting process if this would be
helpful in increasing understanding of the partnership between
Arden Hills and the services provided by NORTHWEST YOUTH AND
FAMILY SERVICES.
Attached please find data regarding services used by persons in
your community during 1992.
If you have any questions about this request, please contact me
at 636-5448.
Sincerely,
JV"WVJt.
#v~ (yM-v
KAY Z. ANDREWS, LICSW
EXECUTIVE DIRECTOR
KZA:JMK
. Attachments
Arden Hitls . Falcon H~ights . Lauderdale: . Little Canada . Mounds Vie'tlo' . New Brighton . North Oaks . RoseviJle . St Anthony . Shoreview
NORTHWEST YOUTH & FAMILY SERVICES (NYFS)
1992 SERVICE PARTICIPATION SUMMARY
FOR THE:
. CITY OF ARDEN HILLS
Your city's contribution to the work of NYFS has one again made it possible for NYFS to offer
help and hope to over 3,400 north suburban residents. In 1992, 469 local youth and families
received 4,063 hours of mental health services and 35 young fathers received help which enabled
them to emotionally and financially support their children. In addition, 303 first-time youth
offenders completed community service restitution, 249 youth attended Awareness seminars, and
120 youth received delinquency assessments. A total of 504 youth received employment services,
330 youth received medical services, and 580 youth provided volunteer service to the community
through the youth service learning project.
Although the needs of individual cities vary year to year, the need for the services provided by
NYFS remains constant. Your participation makes it possible for NYFS to offer these essential
servIces.
CITY OF ARDEN HILLS
Youth Residents Service Total
Service Provided Cases Served Hours Provided Benefi t Utilized
Counseling Services 23 NA 206 $18,540
Young Fathers Program - - - -
Restitution Services 9 NA 36 1,080
. Awareness Seminars 7 9 35 1,225
Delinquency Assessments 3 6 3 105
Employment Services 27 63 108 2,700
Teen Health Center 10 NA 16 1,280
Youth Service Learning JQ2 NA ~ 11.445
TOTALS 188 78 785.5 $36,375
, Counseling/Mental Health Services: Each client is seen an average of Il-one hour.&essions and one.2 hour intake
appointment totalling 13 hours of ~rvice per client. Each serVice hour is charged out a1 a rate of S90/per hour,
Young Fathers Program: The Young Fathers program seeks to help young men facing fatherhood to decide on a course of aClion,
and provides the support they need to follow through. Each participant receives an average of 12 hours of group or individual counseling and
support Slerviccs in addition 10 5 houn; ofvocationalleducationalscrvices. Cost per hourofscrvicc is $55.
Community Restitution Services: Youths arc placed on job sites within their home communities and each complete
approximalely 20 ....olunteer service restitution houn., Cost per hour of .service is about $30.00. Each case requires a minimum of 4 hOUni.
Awareness Seminars: Youth caughtlhoplifting or experimeming with chemicals or lobacco for the firsaume, or who are caught
seuing negligent fires. arc referred by police or court 10 the respeclive 2-hour Awareness Seminar which is sponsored by NYFS and 1000a] Police
Depanments. Pacems must also allend with their child. COSl per hour of service is about $35.00. Each case requires a minimum of 5 hours.
Delinquency AssesSDlents: NYFS receives referrals from Ramsey County Juvenile Service Center's Intake Division of youth
. referred to or pelilioned 10 court for illegal behavior. NYFS meets with YOLlIh and Ihcir parents to Isseu the siluation and 10 decide upon an
appropriate consequence. Cost per hour is $35.00. Each Assessment takes one hour.
Continued on Reverse
Employment Services: Youlh register for home chore jobs and pre-employment skill training through the Youth Emptoymenl
Program. Area residenlll and senior cilizcns place job requests through the Residential Chore or the Senior Citizen Chore Project. Cosl per
hour ill about S2S.00. Each youlh participant receive. an averale of 4 houn of service. .
Teen Health Center: The Teen Health Center is designed to meet the diverse heallh needs. bOlh preventive and primary, of
uninsured, underinsured and low income youth from our area between the ages of 12-23. Each visit lasls approximately 1.5 noun;. The average
chuge per visit was $80.
Youth Service Learning: In partnenhip with Mounds View District #621 Community Educalion, NYFS connects elementary,
middle and high school students 10 communilY a.enciesJo...aniulions in need of volunteers. Cost. per hour is about 530.00. Each participant
receives and average 0(3.5 houn ofaervice.
.
.
.
NORTHWEST YOUTH & FAMILY SERVICES
CITY PARTICIPATION
1994 CONTRIBUTION REOUEST
1991 % OF DIFF.
MET. COUNCIL SERVICE 1993 1994 BETWEEN
CITY POPULATION USAGE CONTRIB. CONTRIB. '93/'94
i
ARDEN HILLS I' 9,496 7 $ 9,947 $ 9,947 $ 0
I
I .
FALCON HEIGHTS : 5,376 3 $ 6,032 $ 6,032 $ 0
i
LITTLE CANADA 9,028 I 4 , $ 9,477 $ 9,477 $ 0
I
LAUDERDALE 2,698 I 2 $ 2,808 $ 2,808 I $ 0
i
ST. ANTHONY 7,802 i 6 $ 5,000 $ 8,557 +$ 3,557
, I
i
NEW BRIGHTON 22,253 I 26 $25,768 $27,314 +$ 1,546
, I
i
. NORTH OAKS I I $ 3,645 $ 3,645 $ 0
3,456 2
; ,
ROSEVILLE 33,493 , 28 $37,821 $37,821 I $ 0
SHOREVIEW 24,912 22 i $25,696 $27,238 +$ 1,542
I
=========================J=========~=============================
TOTALS: 118,514 100 $126,194 $132,839 $ 6,645
------- --- -------- -------- -------
------- -------- -------- -------
.
CITY OF ARDEN HILLS
INVESTMENT PORTFOLIO ANALYSIS
JUNE 30,1993
...ANAL'fSISDATES
GOAL .06"-3()c.92 12"31"'92. .03"31..93 .. 06"-3Q.;.93.
MONEY MARKET ACCOUNTS (MMAl
PRIME VALUE $269,314 $251,736 $265,155 $221 ,492
4M 311 ,599 1,209,946 586,956 748,482
SHEARSON (AMEX DAILY DIV FUND) 9.972 18,104 29,012 20,762
PIPER (MONEY MKT FUND) 1,021 1,036 1,042 1.079
TOTAL MONEY MARKET 591 ,906 1,480,822 882,165 991,815
% OF TOTAL 15% 14.2% 30.3% 22.7 22.
FIXED RATE INSTRUMENTS (FRll
4M (CD'S) 1,500,000 1,200,000 1,200,000 900,000
SHEARSON (CD'S) 810,000 900,000 900,000 900,000
TOTAL FRI 2,310,000 2,100,000 2,100,000 1 ,800,000 -.
% OF TOTAL 50% 55.3% 43.0% 47.4 47.4%
MUTUAL FUNDS
PIPER JAFFRAY INSTIT GOVT 537,936 561,217 585,877 598.362
% OF TOTAL 15 12.9% 11.5% 13.2% 13.2
ZERO COUPON INSTRUMENTS
. (TREASURY STRIPS) 299,103 299,103 299,103 299,103
RSON (RES FOG STRIPS/CD 441 ,835 441,840 441.840 516,140
TOTAL ZEROS 740,938 740,943 740,943 815,243
% OF TOTAL 20% 17.7% 15.20/0 15.1% 15.1
TOTAL INVESTMENTS 100% 4,180,780 4,882,982 4,308,985 4,205,420
RECAP OF 1993 ACTIVITY:
BALANCE 06/30/93 $4,205,420 RECONCILIATION OF '93 YTD CHG:
BALANCE 1/1/93 4,882,982 COMPOSITION:
DECREASE IN MMA'S ($489,007)
DECREASE IN FR! (300,000)
DECREASE IN PORTFOLIO ($677,562) INCREASE IN MUT FUND 37,145
INCREASE IN ZERO INSTR 74.300
($677,562)
INFLOW FROM INTEREST REC'D,
DIVIDEND REINVESTMENT,
& CAPITAL GAINS 119,486 .
NET OUTFLOW TO CHECKING ($797.048)
($677.562)
.XCLUDES IMPACT OF REVERSING 12/31/92 ACCRUED INTEREST ($33,681)
AND ACCRETION OF $22,788 IN ACCRUED ZERO COUPON INTEREST INCOME.
. CITY OF !RDEN HILLS
INVESTMENT PORTFOLIO
06130/93
BROKERAGE PURCBASE MATURITY TERlI TYPE INVESTMENT INVESTMENT CATEGORY COST .\NNUALIZED YIELD MARKET VALUE
DAn DAn [DAYSI GOAL TOTAL I S IF APPL ICABLE
POD 05101/93 05/31/93 30 MM PRIME VALUE MONEY MARKET S221,491.50 2.m S6,445.4I
4UD 05101/9J 05/31193 JI MM 4M MONEY MARKET-GENERAL S51J,011.&9 2.B01 SI4,0B4.J0
4UD 05101/93 05/31/9J 31 MK 4M MONEY MARKET-PAYROLL S245,470.71 2.88\ S6,B73.1B
SaBARSON 05/01/9J 151J119J 31 MM SBEARSON LEHMAN MONEY MKT S20,761.64 1.651 sm.IB
PIPER 05/01/93 05/31/9J 30 MM PIPER JAFFRAY MONEY MARKET SI,079.49 2.271 S24.50
SUB. TOTAL MONEY M!Rm 151 21 S991,B1U3 2.B21 S27,977.5B
4M FUND 0B10B/91 0BI09/9J 2 YR CD Sacramento S & L sm, 000.00 7.18\ S7,10U0
SHEARSON 09/10/90 09/11193 J YR CD Am. Security U. S90,00U0 B.451 S7 ,605 .00 .-
SREARSON 09110/90 09/10/9J 3 YR CD MBNA America Bank N.A. S90,000.00 B.m S7 ,605.00
SHEARSON 10122190 10/22193 3 YR CD Maryland Nat'l Bank S90,00U0 B.m S7 ,605 .00
SREARSON 11113/90 11/13/9J 3 YR CD Bank of New York S91,008.00 B.m S7,218.00
SHEARSON 11/ll/91 11/1J/9J 3 YR CD Bank of New York/Delaware S90,000.00 8.08\ S7,20UI
4M FUND 11/14/91 1111519J 2 YR CD COLUMBIA S & LICO SI0I,iII.00 6.1Il $6,108.00
SaBARSON 12103/90 11/2619J 3 YR CD Boston Safe Dep. & Trust $91,000.00 B.m S7,280.00
SRRARSON 12/24/90 12124/93 3 YR CD FCC National Bank $9I,iII.00 J.7Il S6,938.00
4M FUND 12111192 06119194 1.5 Y8 CD COLONIAL NATIONAL BAMK SUI,000.00 4.251 $4,250,01
:. 11111191 11/10/94 3 YR CD HOUSEBOLD BANK OF CAL. SI0I, ill. 01 6.451 S6,45U0
1Z/23/91 12/23/94 3 YR CD HEART FEDL S , L/CA S188,01U0 6.151 S6,I5U0
4M FUND 12/20/92 06120195 2.5 YR CD STANDARD PACIFIC SAV, CA SIII,iII.01 un $4,608.00
4M FUNO 1Z/23/91 12/26/95 4 YR CD HAWTBORNE S & LICA S110, il0.01 6.J51 S6,J5UI
4M FUND 12/23191 12126/95 4 YR CD 1ST COMMONWEALTH BKIV! SIII,000.00 6.251 S6,250.00
SREARSON 09103/91 19/03196 5 1R CD Continental Bank, NA 90,010.00 1.3n S6,570.00
4M FUND 12/11/91 12/10/96 5 YR CD FIRST USA BANK/DELAWARE S1II,000.00 6. J0l S6,700.00
SHEARSON 11116/92 11116/97 5 YR CD FIRST GIBRALTAR BANK FBS TX 90,000,00 6.151 S5, 535.01
SHEARSON 12/2B/92 12/2B/97 5 YR CD FLEET NATIONAL BANK PRO RI 91,100.00 5.901 S5,310.00
SUB-TOTAL FIXiD RATi INSTRUMENT m 431 $1,811,110.01 6.821 $122,710.ee
SHARES
PIPER ... ! 55,1J61 30 ~U PIPER JAFFRAY INSTIl GOVT 15\ 141 S59B,361.60 B.451 S5e,569.B9 S6,7J2,141
PIPER 01/06/92 11/15/95 4 YR AG US I-STRIPS (S245K AT MATI S199, J05. i5 5.451 SI0,B62.13 S219,99B
SBEARSON 0B/15/91 04/15196 5 YR AG ZiRO COUPON IS200K AT MAT) S142,190,85 7.45\ SI0,5B7.53 S175,664
SHmSON 06/05/92 04/15/96 4 ~R AG ZERO COUPON !S135K AT MATI $107,575.90 6.001 S6,45U5 S1l7, B0B
PIPER 01116/92 05/15/96 4.5YR AG US T.STRIPS IS12BK AT MAT) $99,797. 16 5.B2\ S5,B0B.2J S112,244
SRmSON 0B/15/9! 07115/9, 5 YR AG ZERO COUPON (S2e0K AT MATI S139,194.85 7.511 Sle,454.9J SI74,016
SBEARSON 03/27 /92 04/15197 5 YR AG ZERO COUPON (S15K AT MAT) $52,878.87 7.04\ $3,722.61 S62,4B5
SHEARSON 04/07 193 09/2B/98 5.51R BANKERS TRUST CO 1100K AT MAT) $74,300.00 5.m S4,086.50 S71,500
SUR-TOm ZEROS IYIELD TO MATURITY) 2tl 191 S815,24J.2B 5.B7\ S47,B90..4 5934,114.75
IOTAL INVESIMENTS 1001 1001 S4,285,419,Jl 9249,14U0
. ... ORIGINAL s500K INVESTMENT IN 8/91 , 9/91, DIVIDENDS !ND CAPITAL GAINS RAVE BEEN REINVESTZD INTO ADDITIONAL SHARES
OVERALL ANNUALIZED RATi OF REIURN 5.92\
ANNUALIZED RATZ OF RETURN WIO MONiY ~ARKET UBI [NOTE, 6 MO !-BILL BENCHMARK 3.22\; 2 YR ! NOTE 3.99'
. CITY OF ARDEN HIUS
GENERAL FUND (101) BUDGET SUMMARY
FOR 8 MONTHS ENDED JUNE 30 ,_
SOURCE [[~!I!$lmrd FIAM~t! I:ViJjj)~~l h~tJ l!iiitQ~"!1;iH
TAXES 1.382.850 701.938 715.749 887.101 52%
UCENSES 146.200 18._ 83.975 81.225 58%
INTEAGOY. REV lllll.146 0 25.021 174.124 13%
CHGES FOR SERY. 23.000 8.032 15.815 7.185 89%
FINES & FORF. 25.750 2.588 9.785 15.985 38%
MISC. REC 83,745 105 855 83._ 1%
INTEREST 2.700 0 1.472 1.228 55%
INTERNAL REV. 28.400 0 13.200 13,200 50%
TRANSF FROM 225 9.315 0 0 9,315 0%
TAANSF FROM 501 0 0 0 0 0%
TAANSF FROM 802 488 0 0 488 0%
TOTAL REVENUE 1,878,573 727.328 885.872 1,012,901 48%
EXPENDITURES
DEPARTMENT fiBIlill$$WH ft:~ 1!Y1l__11#~Flli'!iiiijj)~t$jJ'
MAYOR&COUNCll 58.800 U81 34.152 22.448 80%
MUNICIPAL 40.100 2.871 18.052 21.G48 48%
ElECTIONS 200 21 21 179 11%
. ADMIN OFFICE 28O.aes 18.528 147.138 119,829 55%
lEGAL 37.750 2.627 10.358 27.394 27%
PLAN & ZONING 31._ 0 18.778 15.152 53%
GOVT. BLDGS 44.880 3.108 18.975 25.885 42%
HUMAN RGTS. 200 0 0 200 0%
PROT. INSPECT, 50,355 S,41ft 27.879 22,478 55%
PeUCE PROT. 473.340 43.373 288.033 207.307 58%
FIRE PROT. 284,475 0 88.500 197.975 30%
PW STREETS 314,885 10,568 55,899 258.988 18%
PW STOAM SEWERS 23.IT5 5.019 16,123 7.852 88%
SUMMER PLAYGRD 12.832 1.025 1,243 11,589 10%
SKATING RINKS 41,525 1.839 24,650 18,875 59%
PARK MTNCE. 182.280 21.871 72.901 109,359 40%
TRANSF TO 228 0 0 0 0
TAANSF TO 408 0 0 0 0
TAANSF TO 224 8.372 0 0 8,372
TOTAL EXP 1,870.224 121.443 797,498 1.072.726 43%
REVENUE lESS $8.349 $8ll5.885 $88.174 (S59.825)
EXPENDITURES
"IF EXPENDITURES OCCURED EVENLY THROUGHOUT THE YEAR.THE JUNE YTD WOULD BE 50%
.
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CITY OF ARDEN IIILIB
. -~lK
'1'0: Dorothy ho........, City .......~..;!Otratar
:mal: @ 'l'er%y Post:, City llicclr:IImtaD1
mTB: .J'lme 30, 1993
SOBlEC'l': 1993 1I'at:er Purcbases !'.raIl RosltVi.lle
with the impact of the city of st. Paul water pm:hase price in:::rease, and the
i.nt:roduction of ~~~<:nr'\a.l rates, I am closely monitorinJ 1993 COllSI.IIIIpti.on
patterns.
It "fP""rs that the City is benefitt:in; fran this "wet year" in the farm of
~,~ custaner water =nsuIIption. For the six JOOIIl:hs erDed JUne 30th, 1993,
water purchases (156,121,500 gallons) are M....2! less than 1992 water pn:dlases
(186,962,460).
~ inp:Irtantly, "'31........1:" water" (May & June) purchases this for in 1993
(56,494,550) are 34,6% less than sd...i1",... 1992 purchases (86,357,930).
. As the last water price in:::rease (to $1.99/1000 9l"llnrs in the ............ months
and to $1.89/1000 ga11l'R1S in the winter .......dl...) was based en flat ccnsuIIpt:ion
in 1993 over 1992, the acb.Ial. year-to-date l:eductian in oa1SUDpl:i.at of 30.8
mi 1li on gallons may help mitigate any later ............ 00I'ISUDpti.cn increases and
will help fImi the f.iIst quarter su!;plier cost in:::rease not adch. sslld by the
seoon:i quarter City price in:::rease.
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/
CITY OF ARDEN HILLS
. 1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
July 15, 1993
Ms. Heidi Fessler
Franke and Riach
200 Rosedale Tower
1700 West Highway 36
Roseville, Minnesota 55113
Re: Drainage Problems at 1143 Ingerson Road
Dear Ms. Fessler:
On conclusion of our conversation on July 13, 1993.
I reinvestigated the drainage problem at the home of Ms. Mable
Gluesing, 1143 Ingerson Road.
With the weather having recently rained that day, I walked the
drainage route from Carlton Drive to Ms. Gluesings property.
Walking from that direction and the drainage being evident the
. entire distance, no abnormal pattern was found, My viewing of
the terrain and landscaping of 1148 Carlton Drive found no
daming intentionally or unintenionally created on this property.
The terrain was evenly pitched from Carlton Drive to the 1143
Ingerson property line,
This investigation included the interviewing of neighbors where
the drainage course occurs:
Ms. Susan Meneghel, 1155 Ingerson Road
Mrs. Donald Severson, 1158 Carlton Drive
Mrs. Pushpa Kathir, 1148 Carlton Drive
All parties indicated that no fill was placed in the drainage
route.
Meneghel and Severson stated that 1143 Ingerson has had a on-
going drainage problem with ponding occuring in the questioned
area for 30 to 40 years. Prior conversations with Ms. Gluesing
have also indicated this to be true.
It is my conclusion that 1143 Ingerson Road retains drainage due
to insufficient filling and grading of the property created at
the time of building the house and the possibility of further
sinking of the terrain caused by the roots of the large Weeping
Willow tree located in the ponding area.
. It is my feeling that Ms. G1uesing could correct this problem by
filling, grading and reseeding the affected area to match the
slope of her neighbors. Conversations with Mr. Kathir indicated
this would be agreeable to him verses the forced drainage caused
by the digging of the ditches.
PHONE: 1612J 633-5676 . FAX 1612J 633.7839
.
.
Drainage Problems at 1143 Ingerson Road cont.
As my conclusion indicates that this is a problem that should be
resolved by Ms. Gluesing, I would recommend that she work with
her neighbors to find a agreeable solution to the problem.
If I can answer any questions on this matter, please call me at
the city offices, 633-5676.
Sincerely,
&~~
David w. Kriesel
Building and Zoning Official
cc: Ms. Mable Gluesing
Ms. Susan Meneghel
Mr. and Mrs. Donald Severson
Mr. and Mrs. Nathan Kathir
Dorothy Person, City Jltim;n;strator
Brian Fritzinger, Community Planning Coordinator
. Gregory Stonehouse, Maier Stewart and Associates Inc.
.