HomeMy WebLinkAbout04-27-10 Council Packet20.10 Board of Appeal and Equalization
The Oak Park Heights City Council will be holding the
Continued 2010 Board of Appeal and Equalization at 6:30 p.xn.
on Tuesday, April 27, 2010, at the Oak Park Heights City Hall
CITY OF OAK PARK HEIGHTS
TUESDAY, APRIL 27, 2010
CITY COUNCIL MEETING AGENDA
The Regular City Council Meeting will commence immediately following the
conclusion of the Board of Appeal and Equalization
6:45 p.m. 1. Call to Order /Pledge of Allegiance /Appproval of Agenda
Estimalecl
limes
6:50 p.m. 11. Departmcnt /Council Liaison Reports
7:15 p.m. V. Public Hearings
None
7:15 p.m. VI. Old Business
A. Planning Commission
B. Parks Commission
C. Water Management Organizations
D. Other Liaison/Staff reports
1. Spring Clean -Up Load Report
7:00 p.m. 11.I. Visitors /Public Comment
Recycling Award (l.)
This is an opportunity for the public to address the Council with questions or concerns on issues not part 01'
the regular agenda. (Please limit comments to 3 minutes in length.)
7:05 p.m. IV. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes -- April 13, 2010 (2)
C. Approve Gambling Premises Permit Application by the Ladies Auxiliary VFW
4323 (3)
1). Approve Gambling Premises Permit Application by the Stillwater Eagles 494 at
Carbone's Pizzeria and Pub (4)
E. Approval to Provide Officers for Assistance to SWPD (5)
F. Approve License for Sale /Storage of Consumer Fireworks at Menard's Store
43129 (6)
G. Jorgenson Construction Inc. 10' Payment for New City Hall Project (7)
H. Approve Resolution Supporting the Efforts of the Multi - Jurisdictional Partnership
for Becoming a Beyond the Yellow Ribbon Community (8)
A. City Hall Facility (no enclosure)
13. Nolde Development — NW Corner of Oakgreen Ave and 58` € ' Street, Approval of
Multifamily Housing Revenue Bonds and 'fax Increment Development Agreement
(
Page 1 of 80
7:30 p.m. VII. New Business
7:45 p.m. VIII. Adjournment
April 27, 2010 Agenda
Page 2
A. Set Dale, Time, and Location for 2010 Party in the Park (10)
B. NLC -- Prescription Discount Card Program (11)
C. Authorize the Creation of a Public Works Temporary Seasonal Utility Positron
(
Page 2 of 80
Meeting Date
Agenda Item
Agenda Placement
Requester's Signature
Action Requested
April 27, 2009
Oak Park Heights
Request for Council Action
Recycling Award
Visitors /Public Comment
Originating Department /Requestor Administration /Jennifer Pinski
Receive Information
Background /Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Time Required 0
Page 3 of 80
April 22, 2010
CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. ° P.O. l3ox 2007 ° Oak Park Heights, MN 55082-2007 ° Phone: 651/439-4439 ° E ax: 651/439 -0574
Patrick Donahue
14335 55' Street North
Oak Park Heights, MN 55082
Dear Mr. Donahue:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, April 22, 201.0, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out
and ready for collection; therefore, you are one of this month's winners.
Please contact me at 439 -4439 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulatiops
Jennifer Pinski
Administrative Secretary /Deputy Clerk
Tree City U.S.A.
Page 4 of 80
Meeting Date April 27, 2010
Action Requested _ Approve
See attached minutes.
4
Oak Park Heights
Request for Council Action
Agenda Item Approve City Council Minutes — April 13, 2010
Time Req. 0
Agenda Placement Consent
Originating Department /Requester Administration/Jennifer Pinski
Requester's Signature .(_. = °�...
Background /Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Page 5 of 80
CITY OF OAK PARK HEIGHTS
7 :00 P.M. TUESDAY, APRIL 13, 2010
CITY COUNCIL MEETING MINUTES
I. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was
called to order at 7:00 p.m. by Mayor I3eaudet. Present: Councilmembers
Abrahamson, McComber and Runk. Staff present: City Administrator Johnson,
City Attorney Vierling, City Engineer Long, and Police Chief DeRosier. Absent:
Councilmember Swenson and City Planner Richards.
Mayor Beaudet added "Authorize Written Communication to Legislators ---
Advocating for no Further Reduction in City Aids /Programming" as Consent
Agenda Item E and "Approve Resolution Supporting Councilmember
McComber's Application to be Appointed to the League of Minnesota Cities
Board of Directors" as Consent Agenda Item F. Beaudet also added a Closed
Session for a discussion on possible real estate acquisition.
Councilmember McComber, seconded by Councilmember Abrahamson moved to
approve the Agenda as amended. Carried 4 - -0.
11. Department/Council Liaison Reports:
A. Plannin;_Commission: Councilmember Abrahamson reported that the next
meeting was set for April 15, and the commission would be discussing the
design guidelines.
B. Parks Commission: Councilmember McComber reported that the next
Parks Commission meeting was set for April 19 at 6:30 p.m. at City Llall
with a park walkthrough prior to the meeting commencing at Cover Park
at 5:30 p.m.
C. Water Management Organizations /Middle St. Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Watershed
Management Organization was scheduled for May 13 at 7:00 p.m. at the
Washington Conservation District Office. Beaudet also reported that the
City received a grant for the 62" Street raingarden.
D. Other Liaison /Staff Reports: Councilmember McComber reported that the
Metro Cities Annual meeting was set for April 22 and also reminded
councilmembers that the LMC conference registration was open.
McComber also reported that the Beyond the Yellow Ribbon Community
meeting was scheduled for May 6 from 7:00 p.m. to 9:00 p.m. at the
Bayport American Legion.
Mayor Beaudet reported that the Spring Clean -up was scheduled for April
24 from 7:30 a.m. to 1:00 p.m. at the Andersen Corporation parking lot.
Page 6 of 80
III. Visitors/Public Comment:
Recycling Award: Administrative Secretary Pinski reported that Mary Griffith of
5347 Ojibway Avenue North was chosen as the recycling award winner.
IV. Consent Agenda:
A. Approve Bills & Investments
13. Approve City Council Minutes — March 30, 2010
C. City Hall Facility — Approve Change Order #4 for $224.00
D. City Hall Facility Approve Maintenance Program
I. Authorize Written Communication to Legislators -- Advocating for no
Further Reduction in City Aids /Programming
F. Approve Resolution Supporting Councilmember McComber's Application
to be Appointed to the League of Minnesota Cities Board of Directors
Councilmember McComber, seconded by Councilmember Runk, moved to
approve the Consent agenda. Roll call vote taken. Carried 4 -0.
V. Public hearings:
None
VI. Old Business:
A. City Hall y: City Administrator Johnson reported that the move -in
date for the new City Hall was set for May 17. He stated that the next step
would be an asbestos abatement at the old City hall.
VII. New Business:
A. Stillwater Marathon -- 2010 Agreement with St. Croix Events: Mayor
Beaudet, seconded by Councilmember McComber, moved to approve the
City Administrator's memo outlining actions reducing the deposit from
$10,000 to $5,000, and to have staff generate a new agreement. Carried 4-
0.
VIII. Closed Session:
City Council Meeting Minutes
April 13, 2010
Page 2 of 3
13. Schedule City Hall Facility Open House — May 8, 2010: Mayor Beaudet,
seconded by Councilmember McComber, moved to schedule an open
house for May 8 from 1:00 p.m. to 3:00 p.m. Carried 4 -0.
Page 7 of 80
I.X. Adjournment:
City Council Meeting Minutes
April 13, 2010
Page 3 of 3
Possible Land Acquisition: Councilmember McComber, seconded by
Councilmember Abrahamson, moved to recess to closed session. Carried
4 -0.
City Attorney Vierling reported that the council would go into closed
session per Minnesota Statute 13d.05 regarding a discussion on possible
real estate acquisition. Vierling stated the meeting would be tape
recorded, and recording would be kept for two years as required.
The City Council reconvened the regular session. City Attorney Vierling
reported that there was a general discussion and that no specific action was
taken.
Councilmember Abrahamson, seconded by Councilmember McComber, moved
to adjourn at 7:30 p.m. Carried 4 -0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski David I3eaudet
Administrative Secretary /Deputy Clerk Mayor
Page 8 of 80
Meeting Date April 27, 2010
Agenda Item Approve Gambling Premises Permit Application by the Ladies Auxiliary VFW #323
Time Req. 1
Agenda Placement Consent
Originating Department / Requester Administration /Jennifer Pinski
Requester's Signature
Action Requested Approve
See attached application.
Oak Park Heights
Request for Council Action
Background /Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Page 9 of 80
Minnesota Lawful Gambling
LG214. Premises Permit Application Annual Fee $150
Organization Information
1. Organization name / iJi C / r9
g ,�C. - ��.:_ , c � r�z[ z~ �_ License number
2. Chief executive officer (CEO) 1 )`iLe:_) Daytime phone
3. Gambling manager
Gambling Premises information
4. Current name of site where gambling will be conducted (.) i U_.
5. I...ist any previous names for this location QC: 41c:—
c:—
6. Street address where premises is located LILT )
(Do not use a P.O. box number or mailing address)
7. City 1Township County
OR
�'_ s : ( �c:
8. Does your organization own the building where the garbling will be conducted?
[ 1Yes IA No If no, attach LG215 Lease for Lawful Gambling Activity
9. Is any Other organization conducting gambling at this site? _❑Yes 01No . [ . .J_Don't l novel
10. Has your organization previously conducted gambling at this site? [l_Ye [i
Gambling Bank Account information (must be in Minnesota)
11. Bank name
12. Bank street address
All Temporary and Permanent Off
(for gambling equipment and records related to
13. Address (Do not use a P.O. box number)
State Zip code
MN
Bingo Occasions (including bar bingo)
14. Enter day and beginning /ending hours of bingo occasions (A.M. or P.M,). An occasion may not exceed 8 hours.
Day
Beginning/Ending Hours
to
City
Bank account number
Storage Spaces
this site - must be stored in Minnesota)
City
Day
Daytime phone
No
State Zip code
MN ;c }_,
MN
-a /. - '
Beginning / Ending Hours
L ]to
1/10 Page 1 of 2
FOR BOARD USE ONLY
Check #
Zip code
Reset Form
Print Form
Page 10 of 80
LG214 Premises Permit Application
Lora/ Unit of Government Approva
CITY APPROVAL for a gambling premises located
within city limits
City name
Date approved by city council
Resolution number
Signature of city personnel
Title Date
Acknowledgment and Oath
1, I hereby consent that local law enforcement officers, 5,
the Board or its agents, and the commissioners of
revenue or public safety and their agents may enter
the premises to inspect it and enforce the law.
2 The Board and its agents, and the commissioners of
revenue and public safety and their agents are
authorized to inspect the bank records of the
gambling amount whenever necessary to fulfill
requirements of current gambling rules and law.
3. I have read this application and all information
submitted to the Board is true, accurate, and
complete.
4. At required information has been fully disclosed.
Mail to: Gambling Control Board
1711 West County Road 13, Suite 300 South
Roseville, MN 55113
Questions? Cell 651-639-4000 and ask for Licensing.
Data privacy notice: The information
requested on this form (and any
attachments) will be used by the Gambling
Control Board (Board) to determine your
organization's qualifications to be involved
in lawful gambling activities in Minnesota.
Your organization has the right to refuse to
supply the information requested;
however, if your organization refuses to
supply this information, the Board may not
be able to determine your organization's
qualifications and, as a consequence, may
refuse to issue a permit. If your
organization supplies the infounation
requested, the Board will be able to
process your organization's application.
6.
7.
8.
Signature of Chief Executive Officer (designee may not sign)
Print name
Required Attachments
1 lithe premises is leased, attach a copy of your lease.
Use LG215 Lease for Lawful Garnbling Activity.
2 $150 annual premises permit fee, for each permit.
Make check payable to "State of Minnesota.'
Tit
9. I understand that failure to provide required information or
providing false or misleading information may result in the
denial or revocation of the lic-iense.
Your organization's name and address
will be public information when
received by the Board. All other
information provided will be private
data until the Board issues the permit.
'Men the Board issues the permit, all
information provided will become public.
If the Board does not issue a permit, all
information provided remains private,
with the exception of your
organization's name and address that
will remain public. Private data about
your organization are available to
Board members; Board staff whose
1/10 Pa
Da /
Re gnature of county personnel
le Date
number
Signature 2 o 2
COUNTY APPROVAL for a gambling premises located
in a township
County name
approved by county
I am the chief executive officer of the organization.
I assume full responsibility for the fair and lawful operation of
all activities to be conducted.
will familiarize myself with the laws of Minnesota governing
lawful gambling and rules of the Board and agree, if licensed,
to abide by those laws and rules, including amendments to
them.
Any changes in application information will be submitted to the
Board no later than 10 days after the change has taken effect.
Date
Monthly Regulatory Fee
if you receive a premises permit for this site, there is a
monthly regulatory fee of 0.1 % (.001) of gross receipts
from lawful gambling conducted at the site.
The fee is reported on the 01 Lawful Gambling
Monthly Summary and Tax Return and paid with the
monthly tax report.
This form will be made available in alternative format (1.
e. large print, F3raille) upon request.
work requires access to the information;
Minnesota's Department of Public Safety;
Attorney General; Commissioners of
Administration, Minnesota Managernent &
Budget, and Revenue; Legislative Auditor;
national and international gambling
regulatory agencies; anyone pursuant to
court order; other individuals and agencies
specifically authorized by state or federal
law to have access to the information;
individuals and agencies for which law or
legal order authorizes a new use or sharing
of information after this notice was given;
and anyone with your written consent.
Reset Form
Print Form
Page 11 of 80
This Page Is Left Intentionally Blank.
Page 12 of 80
Meeting Date April 27, 2010
Agenda Item Approve Gambling Premises Permit Application by the Stillwater Eagles #94 at
Carbone's Pizzeria and Pub
Time Req. 0
Agenda Placement Consent
Originating DepartmentlRequestor
Requester's Signature ....
See attached minutes.
Oak Park Heights
Request for Council Action
Action Requested Approve
Adlnainistration /Jennifer Pinski
Background /Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Page 13 of 80
LV‘,"14 rremises remit Application Annual Fee $150
FOR BOARD USE ONLY
Check #
Organization Information
1. Organization name Stillwater Eagles #94 License number 00259
2. Chief executive officer (CEO) Robert Barthoi Daytime phone
165651- 439 -7313
Gary Thomsen
3. Gambling manager Daytime phone
651 -587 -2940
Gambling Premises Information
4. Current name of site where gambling will be conducted Carbone's Pizzeria and Pub
5. List any previous names for this location Carbone's Pizzeria
6. Street address where premises is located 5988 Osgood Ave N
(Do not use a P.O. box number or mailing address)
7. City 1Township
Oak Park Hieghts OR
County
Washington
Zip code
55082
8, Does your organization own the building where the gambling will be
_ n Yes � Na If no, attach LG215 Lease for Lawful Gambling Activity
9. Is any other organization conducting gambling at this site? ['Yes FA No
10. Has your organization previously conducted gambling at this site?
conducted?
(_
Li Don't know
_Yes f No
Gambling Bank Account Information (must be in Minnesota)
11. Bank name Wells Fargo Bank account number
g
3690117275
12. Bank street address City State Zip code
2000 Northwestern Ave. Stillwater MN 55082
All Temporary and Permanent Off -site Storage Spaces
[ (for gambling equipment and records related to this site - must be stored in Minnesota)
Zip code
55082
13. Address {Do not use a P.O. box number) City State
13523 N 60th St Oak Park Hts. MN
MN
Bingo Occasions (including bar bingo)
14. Enter day and beginning /ending hours of bingo occasions (A.M. or P.M.). An occasion may not exceed
Day Beginning /Ending Hours Day Beginning/Ending
8 hours.
Hours
to
t
to
to
I
t
# o
to
--
L
- .
_ _
MEI
to
Reset Form
Print Form
Minnesota Lawful Gambling
1/10 Page 1 of 2
Page 14 of 80
LG214 Premises Permit Application
Local Unit of Government Approval
CITY APPROVAL for a gambling premises located
within city limits
City name Oak Park Hts.
Date approved by city council 1 I
Resolution number
Signature of city personnel
Title
Acknowledgment and Oath
1 I hereby consent that local law enforcement officers, 5,
the Board or its agents, and the commissioners of 6
revenue or public safety and their agents may enter
the premises to inspect it and enforce the law.
2, The Board and its agents, and the commissioners of
revenue and public safety and their agents are
authorized to inspect the hank records of the
gambling account whenever necessary to fulfill
requirements of current gambling rules and law.
3. I have read this application and all information
submitted to the Board is true, accurate, and
complete..__.. /
4, AI1.rGquir
c* %1
Signature of Chief Executive Officer (designee may not sign)
Robert Barthol
Print name
Required Attachments
If the premises is leased, attach a copy of your lease.
Use LG215 Lease for Lawful Gambling Activity.
$150 annual premises permit fee, for each permit.
Make check payable to "State of Minnesota."
Mail to: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Questions? Call 651-639-4000 and ask for Licensing.
Data privacy notice: The information
requested on this form (and any
attachments) will be used by the Gambling
Control Board (Board) to determine your
organization's qualifications to be involved
in lawful gambling activities in Minnesota.
Your organization has the right to refuse to
supply the information requested;
however, if your organization refuses to
supply this information, the Board may not
be able to determine your organization's
qualifications and, as a consequence, may
refuse to issue a permit. If your
organization supplies the information
requested, the Board will be able to
process your organization's application.
Date / /
7.
8.
g, I understand that failure to provide required information or
providing false or misleading information may result in the
denial or revocation of the license.
Your organization's name and address
will be public information when
received by the Board. All other
information provided will be private
data until the Board issues the permit.
When the Board issues the permit, ail
information provided will become public.
If the Board does not issue a permit, all
information provided remains private,
with the exception of your
organization's name and address that
will remain public. Private data about
your organization are available to:
Board members; Board staff whose
COUNTY APPROVAL for a gambling premises located
in a township
County name Washington
Date approved by county / 1
Resolution number
Signature of county personnel
Title Date / 1
l am the chief executive officer of the organization.
1 assume full responsibility for the fair and lawful operation of
all activities to be conducted.
I will familiarize myself with the laws of Minnesota governing
lawful gambling and rules of the Board and agree, if licensed,
to abide by those laws and rules, including amendments to
them.
Any changes in application information will be submitted to the
Board no later than 10 days after the change has taken effect.
Date
1/10 Page 2of2
Monthly Regulatory Fee
If you receive a premises permit for this site, there is a
monthly regulatory fee of 0.1% (.001) of gross receipts
from lawful gambling conducted at the site.
The fee is reported on the G1 Lawful Gambling
Monthly Summary and Tax Return and paid with the
monthly tax report.
This form will be made available in alternative format (i.
e. large print, Braille) upon request.
work requires access to the information;
lvlinnesota's Department of Public Safety;
Attorney General; Commissioners of
Administration, Minnesota Management &
Budget, and Revenue; Legislative Auditor;
national and international gambling
regulatory agencies; anyone pursuant to
court order; other individuals and agencies
specifically authorized by state or federal
law to have access to the information;
individuals and agencies for which law or
legal order authorizes a new use or sharing
of information after this notice was given;
and anyone with your written consent.
Reset Form
Print Form
Page 15 of 80
This Page Is Left Intentionally Blank.
Page 16 of 80
Meeting Date: 04 -27 -2010
Requester's Signature
Oak Park Heights
Request for Council Action
Time Required: 1 min.
Agenda Item Title: Approval for to Provide Officers for Assistance to SWPD
Agenda Placement: Consent
Originating Department /Requester: Oak Park Heights Police Dept., Chief Brian DeRosier
Action Requested: Approve OPH P.D. Officers to Assist SWPD at Lumbertjack Days Event
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
1 have received a written request from Stillwater Police Dept. for assistance with manpower at their L.umbei jack
Days Event in .luly 2010. This is a nonemergency request for assistance. See the attached request.
Our officers would be working outside of normal patrol schedule, but remain in an on duty capacity for
insurance and liability. This is our standard operating procedure and has been set by previous council
resolution for all "off duty" work within the city, our outside the city.
Stillwater Police Dept. is billed directly by our department for the hours worked by our officers during the event.
Our ability to provide assistance as well as receive assistance from other departments with police duties at
functions such as this is critical to our ability to function.
We provided this assistance to Stillwater Police Department last year as well.
Stillwater P.D. has always reciprocated by providing officers for our events as we request during the year.
Page 17 of 80
JOHN GANNAWAY
CHIEF OF POLICE
April 9, 2010
Friday iday hay 23, 2010
1900-0300 Two Officers
Saturday Jidy 24 2010
1900-0300 Two Officers
Captain Craig T. Peterson
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
To: Chief Brian IaeRosier, Oak Park Heights Police Department
From: Captain Craig T. Peterson
Re: Lumberjack Days 2010 Assistance Request
216 North 4th Street Stillwater, Minnesota 55082
Business Phone: (651) 351 -4900 Fax: (651) 351 -4940
Police Response /Assistance: 911
www.ci.stillwater.mn.us
CRAIG T. PETERSON
CAPTAIN
As you may be aware, the Stillwater Police Department is in need of additional officers
during the annual Lumberjack Days festival in July. I am requesting the following
officers from your department in an effort to boost our current staffing. Please contact me
with any questions and let me know if this will be possible.
Please advise me as soon as possible if you are capable of filling our request for
assistance and if so provide the 'gargles and call numbers of the officers to me. 1. can be
reached at 351 -4910 or fax the information to me at 351 -4940 or e -mail me at
cpeterson @ci. stil lwatcr. mn.us.
Page 18 of 80
Agenda Placement Consent
Oak Park Heights
Request for Council Action
ERF
Meeting Date April 27, 2010
Agenda Item Title: Approve License for Sale /Storage of Consumer Fireworks at Menard's Store
#3129
Originating Department / Requestor Finance -Judy I- Iolst, Deputy Clerk /Finance Director
Requester's Signature
Action Requested Approve License
Background /justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
An application for a License for Sale /Storage of Consumer Fireworks has been received from
Menard's, 5800 Krueger Lane. The duration of business operation will be May 2010 through July
2010, Monday through Saturday from 6:30 a.m. to 1.0:00 p.m. and Sunday from 8:00 a.m. to 8:00 p.m.
The application is complete, and the background check has been completed and approved by the Police
chief. I recommend approving the license application.
Page 19 of 80
This Page Is Left Intentionally Blank.
Page 20 of 80
Meeting Date April 27, 2010
Oak Park Heights
Request for Council Action
Agenda Item Title Jorgenson Construction Inc. 10th Payment for New City Hall
Project
Agenda Placement Consent
Originating Department/Requestor Finance ---- Judy Hoist, Deputy Clerk/ Finance
Director
Requester's Signature L.: 7
Action Requested Approve 10th payment request to Jorgenson Construction Inc.
for the new City Hall project
Background /Justification (Please indicate any previous action, financial
implications including budget information and. recommendations).
See attached memo and pay request.
Page 21 of 80
Memo
To: Mayor and Council
From: .Judy Hoist, Deputy Clerk / Finanee Director
Date: April 23, 2010
Re: New City hall Project
Thank You
CITY OF OAK PARK HEIGHT
Please accept for the April 27 Council meeting agenda the attached request
for payment to Jorgenson Construction Inc. in the amount of $743,764.00
for the Oak Park Heights City Hall project. The payment has been approved
by the architect, administration and reviewed by the Finance Department.
The project is 82% complete. The Finance Department recommends
approval of this payment upon receipt of the lien waiver and original copy of
the Affidavit of Prevailing Wage /Payment to Subcontractors.
Page 22 of 80
April 20, 2010
Oak Park Heights City Hall
Oak Park Heights, Minnesota
BA #0822
BuETOW AND ASSOCIATES INC
AN ARCHITECTURAL SERVICES COMPANY
2345 Rice Street Suite 210
St. Paul, Minnesota 55113
EXHIBIT A
EXPLANATION FOR AMOUNT CERTIFIED
APPLICATION AND CERTIFICATE FOR PAYMENT NUMBER TEN
The following clarifies the line item summary found on the Jorgenson Construction
Application and Certificate for Payment Form:
1. CONTRACT SUM $6,358,500.00
2. Net Cha ge by Change Orders ... ....... .._._ S
3. CONTRACT SUM TO DATE: $6,384,124.00
*4. TOTAL COMPLETED & STORED TO DATE $5,256,709.00
*5. RETAINAGE (5 %): $ 262,835.00
*6. TOTAL EARNED LESS RETAINAGE $4,993,874.00
7. LESS PREVIOUS CERTIFICATES FOR PAY $4,250,110.00
*8. CURRENT PAYMENT DUE $ 743,764.00
*9. BALANCE TO FINISH, INCLUDING RETAINAGE $1,390,250.00
Line Item 83 Mechanical- HVAC-Temp Controls: Reduced from $28,000.00 to
$7,109.00 (modified to reflect observed Value of Work completed).
Thus, Total Completed and Stored to Date (Line 4): $5,256,709.00 ($5,277,600.00 less
$20,891.00).
Buetow and Associates received Application and Certificate for Payment Number Ten on
April 12, 2010.
(* Changes to received Application and Certificate for Payment Number Ten)
Page 23 of 80
Jud Hoist
Subject:
Attachments:
FW: Pay Request
20100422165656180.pdf
From: Randy Engel [rnailto: randy _engei @buetowarchitects.com]
Sent: Thursday, April 22, 2010 5:04 PM
To: Judy Hoist
Cc: Eric Johnson
Subject: Re: Pay Request
April 22, 2010
Judy:
1. Per Exhibit A that we prepared, the payment to Jorgenson Construction should be $743,764.00 (Or
$19,846.00 less than they claimed) because Jorgenson Construction requested a greater amount for line
item 83 than what we observed as actual work in place. I discussed this issue by telephone with
Jorgenson Construction's Steve Gandsrnoe on April 19, 2010 and sent a copy of this Exhibit A to Steve
Gansrnoe by email on April 20, 2010.
2. It appears that the $1,750.00 was already taken as a deduct from Jorgenson Construction's Contract
in Change Order Number One and per Proposal Request Number 19 dated October 13, 2009 (see
attached). That is the only $1,750 amount owed by Jorgenson Construction of which I am aware.
Randy Engel
The Pay Request 10 from Jorgenson is not the same amount as current payment due on Exhibit A from
Buetow & Assoc. Why the difference and which is correct? Difference is $19,846. While I'm at it, when
are they going to deduct the $1,750 they owe the City for the penalty we paid?
Judy
1
Page 24 of 80
eu•r9.,1ttxa.vn ANU 5-!'i21.r1G'J.URTY: e(Ai LAXML}N'' (AIA DOCUMENT G102}
CUST: CITY OF OAK PARK HEIGHTS
14168 OAK PARK BLVD NORTH
OAK PARK HEIGHTS, MN 55082
FROM: JORGENSON CONSTRUCTION INC.
9255 EAST RIVER ROAD NW
COON RAPIDS, MN 55433-5722
JOB DESCRIPTION: GENERAL CONSTRUCTION OF CITY HALL
SY
PREVIOUS TOTAL
- - CURRENT
I Number Date
2 03/31/10
3 03/31/10
4 03/31/10
I NET AMOUNT
CHANGE ORDERS
.00
224.00
TOTALS TO DATE 1 37,659.00
•
ARCHITECT:BUETOW & ASSOCIATES
2345 RICE STREET, SUITE 210
ROSEVILLE MN 55113
ADDITIONS DEDUCTIONS
37, 435.00 .00
JOB:OAK PARK HEIGHTS CITY HALL
14168 OAK PARK BLVD NORTH
OAK PARE HEIGHTS, MN 55082
12,035.00
12,035.00 1
_I
25,624.00 1
The undersigned Contractor certifies that to the best of
the Contractor's knowledge, information and belief the
Fork covered by the Application for Payment has been com-
pleted in accordance with the Contract Documents, that all
amounts have been paid by the Contractor for Work for
ehich previous Certificates for Payment were issued and
payments received from the Owner, and that current payment
hown herein is now due.
:ONTRACTOR: JORGEN CONSTRUCTION INC.
DATE: 04/09/10
■RCHITECT'S CERTIFICATE FOR PAYMENT
:n accordance with the Contract Documents, based on on--sitc
'bservations and the data comprising the above application,
he Architect certifies to the Owner that to the best of the
.rchitect's knowledge, information and belief the Work has
rogressed as indicated, the quality of the Work is in
ccordance with the Contract Documents, and the Contractor
s entitled to payment of the AMOUNT CERTIFIED.
ORIGINAL CONTRACT AMOUNT $ 6,358,500.00
TOTAL CHANGE ORDER AMOUNT $ 25,624.00
TOTAL CONTRACT INCLUDING CHANGE ORDERS $ 6,384,124,00
AMOUNT COMPLETED & STORED TO DATE $ 5,277,600.00
RETAINAGE -- 5,008 OF WORK COMPLETED $ 263,880,00
5.00% OF STORED MATERIAL
COMPLETED TO DATE LESS RETAINAGE $ 5,013,720.00
PREVIOUS AMOUNT BILLED $ 4,250,110.00
CURRENT AMOUNT DUE $ 763,610.00
BALANCE TO FINISH, INCLUDING RETAINAGE $ 1,370,404.00
State of: Minnesota County of: Anoka L,
Subscribed and sworn to before me this 91. day
of April , 2010,
Notary Public:
By:
AMOUNT CERTIFIED.,I'J
APPLICATION NO: 10
PERIOD ENDING : 03/31/10
CONTRACT N0:
CONTRACT DATE: 04/15/09
My Commission expires: January 31, 2015
(Attach explanation if amount certified differs from the amount
applied for
ARCHITECT:
Page: 1
CYNTH1A M FURAN
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2015
Date: 4 .16-
This Certificatcis not negotiable. The AMOUNT CERTIFIED is payable
only to the Contractor named herein. Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.
Page 25 of 80
Jot. *''umber: 4770 OAK PARK HEIGHTS CITY HALL
Project 8 :
ITEM
NUMBER
DESCRIPTION OF WORK
Application No.: 10
Period From: 03/01/10 Page Number 2
Invoice Number : 16571 Thru; 03/31/10
-- -WORK COMPLETED - - -- COMPLETED
SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
VALUE APPLICATION PERIOD MATERIALS TO DATE is TO FINISH RETAINAGE
01 BONDS /INSURANCE /LICENSE /NPDES 68,000.00 68,000.00 .00 .00 68,000.00 100 .00 3,400.00
02 MOBILIZATION 5,000.00 5,000.00 .00 .00 5,000.00 100 .00 250.00
03 SURVEYING 10,500.00 5,885.00 .00 .00 5,885.00 56 4,615.00 294.25
04 SUPERVISION 125,000.00 90,000.00 6,000.00 .00 96,000,00 77 29,000.00 4,800,00
05 CONSTRUCTION DUMPSTERS 18,000,00 8,850.00 2,000.00 ,00 10,850.00 60 7,150.00 542.50
06 CONSTRUCTION CLEANUP 5,500.00 1,750.00 500.00 .00 2,250.00 41 3,250.00 112.50
07 FINAL CLEANING 6,500.00 .00 .00 .00 .00 0 6,500.00 .00
08 SAFETY 6,000,00 3,375.00 375.00 .00 3,750.00 63 2,250.00 187,50
09 CONSTRUCTION SIGNAGE 2,500.00 1,500.00 .00 .00 1,500,00 60 1,000.00 75.00
10 CONSTRUCTION /MOBILE PHONES 3,000.00 1,665.00 185.00 .00 1,850.00 62 1,150.00 92.50
11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 2,520,00 280.00 .00 2,800.00 62 1,700.00 140.00
12 CONSTRUCTION TOILET 4,000.00 2,250.00 250.00 .00 2,500,00 63 1,500.00 125.00
13 CONSTRUCTION FENCE 15,000.00 9,000.00 .00 .00 9,000.00 60 6,000.00 450.00
14 TOOLS /FASTENERS /EQUIPMENT 3,500.00 2,000,00 250.00 .00 2,250.00 64 1,250.00 112.50
15 RENTAL EQUIPMENT 5,000.00 2,500.00 500.00 .00 3,000,00 60 2,000.00 150.00
16 TEMPORARY ENCLOSURES 4,000.00 3,000.00 500.00 .00 3,500.00 88 500.00 175.00
17 TEMPORARY ELECTRIC 6,000.00 3,375.00 375.00 .00 3,750.00 63 2,250.00 187.50
18 TEMPORARY HEAT 38,000.00 23,500.00 7,500.00 .00 31,000.00 82 7,000.00 1,550.00
19 STREET CLEANING /SNOW REMOVAL 3,500,00 2,000.00 250.00 .00 2,250.00 64 1,250.00 112.50
20 5E5E6617E 068105161011 15,000.00 11,500.00 1,000.00 .00 12,500.00 83 2,500.00 625.00
21 SITE CLEAR /EXC /DRNTILE /EROSION 190,815.00 151,871.00 .00 .00 151,871.00 80 38,944.00 7,593.55
22 CONTROL /SITE uTIL. /AGG BASE .00 .00 .00 .00 .00 0 .00 .00
23 ASPHALT PAVING /STRIPE /WHL STOP 73,802.00 2,000.00 .00 .00 2,000.00 3 71,802.00 100.00
24 CURB 6 GUTTER 23,607.00 .00 .00 .00 .00 0 23,607.00 .00
25 EXTERIOR SIGNS 2,701.00 .00 .00 ,00 .00 0 2,701.00 .00
26 RETAINING WALI, 47,225.00 47,225,00 .00 .00 47,225.00 100 .00 2,361.25
27 IRRIGATION 6,920.00 .00 .00 .00 .00 0 6,920.00 ,00
28 LANDSCAPING 35,800.00 .00 .00 .00 .00 0 35,800.00 .00
29 PLASTIC FENCES /GATES 43,682.00 .00 .00 .00 .00 0 43,682.00 .00
30 CONCRETE/MASONRY REINFORCEMENT 36,023.00 36,023.00 .00 00 36,023,00 100 .00 1,801.15
31 CONCRETE FOOTINGS 39,341.00 39,341,00 .00 .00 39,341.00 100 .00 1,967.05
32 CONCRETE FOUNDATIONS 164,752.00 164,752.00 ,00 .00 164,752.00 100 .00 8,237.60
33 CONCRETE FLOORS /TOPPINGS 83,862,00 71,783,00 12,079.00 .00 83,862,00 100 .00 4,193.10
34 CONCRETE - SITE 27,709.00 .00 .00 .00 .00 0 27,709.00 .00
35 PRECAST PLANK 105,520.00 105,520.00 .00 .00 105,520.00 100 .00 5,276.00
36 MASONRY /GLASS MASON /CAST STONE 747,137.00 608,323.00 86,308.00 .00 694,711.00 93 52,426.00 34,735.55
37 STEEL JOIST /DECK /MISC - MATERIAL 178,750.00 159,676.00 10,000.00 .00 169,676.00 95 9,074.00 8,483.80
38 STEEL JOIST/DECK/MSC 59,000.00 57,310,00 .00 .00 57,310.00 97 1,690.00 2,865.50
39 ROUGH CARPENTRY /SHEATHING 55,000.00 48,500.00 4,500.00 .00 53,000.00 96 2,000.00 2,650.00
40 CASEWORK /SOLID SURFACE /FRP -M 95,868,00 7,055.00 69,341.00 ,00 76,396,00 80 19,472.00 3,819.80
41 CASEWORK /SOLID SURFACE /FRP -L 24,000.00 .00 3,000.00 .00 3,000.00 13 21,000.00 150.00
42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 .00 .00 23,340.00 100 .00 1,167.00
43 WATERPROOFING 25,260.00 25,260.00 .00 .00 25,260.00 100 .00 1,263.00
44 SPRAYED INSULATION 15,200.00 15,200,00 .00 .00 15,200.00 100 .00 760.00
45 METAL ROOF PANELS /NA1I.. INSUL. 165,057.00 111,840.00 25,500.00 .00 137,340.00 83 27,717.00 6,867.00
46 BUILT -UP ROOF /SEEET MTL FLASH 108,813,00 83,717.00 .00 .00 83,717.00 77 25,096.00 4,185.85
47 FIRESTOPPING 4,400,00 4,400.00 .00 .00 4,400.00 100 .00 220.00
48 JOINT SEALANTS 15,100.00 13,522.00 1,000.00 .00 14,522.00 96 578.00 726.10
49 HM FRMS /DRS /WOOD DRS /HDW - 113,750.00 76,469,00 37,281.00 .00 113,750.00 100 .00 5,687.50
50 HM FRMS /DRS /WOOD DRS /BDW -L 39,125.00 5,000.00 2,000.00 .00 7,000.00 18 32,125.00 350.00
51 ACCESS DOORS & FRAMES 1,000.00 1,000.00 .00 00 1,000.00 100 .00 50.00
52 COILING WOOD DOOR 9,984.00 .00 9,984.00 .00 9,984.00 100 .00 499.20
53 SECTIONAL 000RS 23,218.00 .00 15,585,00 .00 15,585.00 67 7,633.00 779.25
54 WOOD WINDOWS 59,500.00 59,500.00 .00 .00 59,500.00 100 .00 2,975.00
55 ALUM CRTNWALL /WNDWS /SKYLTS /GLZ 284,466,00 233,600.00 19,504.00 .00 253,104.00 89 31,362.00 12,655.20
56 AUTO DOOR OPERATORS 3,345.00 .00 .00 .00 .00 0 3,34 146e 26 of 80'n
Job Number: 4770 OAK PARR HEIGHTS CITY HALL
Project # .
Application No.: 10 Period From: 03/01/10 Page Number 3
Invoice Number : 16571 Thru: 03/31/10
- -- -WORK COMPLETED - - -- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE 4 TO FINISH RETAINAGE
57 GYPSUM DR2WALL /PLA6TERING 177,537.00 154,071.00 18,139.00 .00 172,210.00 97 5,327.00 8,610.50
58 CERAMIC TILE 16,200.00 .00 16,200,00 .00 16,200.00 100 .00 810.00
59 ACOUSTICAL & WOOD CEILINGS 52,670.00 .00 32,670.00 .00 32,670.00 62 20,000.00 1,633,50
60 RESILIENT FLOORING /CARPET 77,995.00 62,025.00 .00 .00 62,025.00 80 15,970.00 3,101.25
61 PAINTING /STAINING /WALLCOVERING 66,250.00 ,00 36,000.00 .00 36,000.00 54 30,250.00 1,800.00
62 FABRIC WRAPPED PANELS 7,665.00 .00 .00 .00 .00 0 7,665,00 .00
63 VISUAL DISPLAY SURFACES 7,000.00 5,500.00 .00 .00 5,500.00 79 1,500.00 275.00
64 SIGNAGE 6,162.00 .00 .00 .00 .00 0 6,162.00 .00
65 TOILET COMPARTMENTS 2,831.00 .00 2,831.00 .00 2,831.00 100 .00 141.55
66 WALL /CORNER GUARDS 1,000,00 750.00 .00 .00 750.00 75 250.00 37.50
67 TOILET ACCESSORIES 10,517.00 8,017.00 1,000.00 .00 9,017.00 86 1,500.00 450.85
68 FIRE EXTINGUISHERS 3,704.00 3,154.00 .00 .00 3,154.00 85 550.00 157.70
69 METAL LOCKERS 2,850.00 .00 .00 .00 .00 0 2,850.00 .00
70 POSTAL SPECIALTIES 1,214.00 .00 1,000,00 .00 1,000.00 82 214,00 50.00
71 STORAGE ASSEMBLIES 18,066.00 .00 13,000.00 .00 13,000.00 72 5,066.00 650.00
72 EXTERIOR SUN CONTROL DEVICES 12,500.00 .00 .00 .00 .00 0 12,500.00 .00
73 CANOPIES 12,500.00 .00 .00 .00 .00 0 12,500.00 .00
74 FLAGPOLES 2,200.00 .00 .00 .00 .00 0 2,200.00 .00
75 PROJECTION SCREENS 2,815.00 .00 2,650.00 .00 2,650,00 94 165.00 132.50
76 DETENTION EQUIPMENT 26,667.00 .00 21,000.00 ,00 21,000.00 79 5,667.00 1,050.00
77 EXHIBIT EQUIPMENT 6,000.00 .00 .00 .00 .00 0 6,000.00 .00
78 WALL & CORNER PADS 5,885.00 .00 5,885.00 .00 5,885.00 100 .00 294.25
79 HORIZONTAL LOUVER BLINDS 4,000.00 .00 .00 .00 .00 0 4,000.00 .00
80 ENTRANCE FLOOR GRILLES 3,850.00 3,500.00 .00 .00 3,500.00 91 350.00 175,00
81 HYDRAULIC ELEVATORS 54,899.00 3,500.00 6,349.00 .00 9,849.00 18 45,050.00 492.45
82 MECHANICAL-PLUMBING & PIPING 603,000.00 423,356.00 82,217.00 ,00 505,573.00 84 97,427.00 25,278.65
83 MECHANICAL- HVAC-TEMP CONTROLS 405,000.00 365,491.00 28,000.00 .00 393,491.00 97 11,509.00 19,674.55
84 GEOTHERMAL GROUND LOOP 185,500.00 92,467.00 .00 .00 92,467.00 50 93,033.00 4,623.35
85 FIRE PROTECTION 56,532.00 43,840.00 6,000.00 .00 49,840.00 88 6,692.00 2,492.00
06 ELECTRICAL - GENERAL CONDITIONS 72,000.00 68,000,00 1,000.00 .00 69,000.00 96 3,000.00 3,450.00
87 ELECTRICAL - FIXTURES & LAMPS 255,000.00 36,000.00 168,000.00 .00 204,000.00 80 51,000.00 10,200.00
88 ELECTRICAL -GEAR & FUSES 77,000.00 76,000.00 1,000.00 .00 77,000.00 100 .00 3,850.00
89 ELECTRICAL - EMERGENCY GENERATOR 87,300.00 87,300.00 .00 .00 87,300.00 100 .00 4,365,00
90 ELECTRICAL - BRANCH CIRCUITS 358,860,00 327,500.00 15,000.00 .00 342,500.00 95 16,360.00 17,125.00
91 ELECTRICAL- LIGHTNING PROTECT. 10,000.00 5,000.00 3,000.00 .00 8,000.00 80 2,000.00 400.00
92 LOW VOLTAGE 171,000.00 122,000.00 13,000.00 .00 135,000.00 79 36,000,00 6,750.00
93 P1109'IT /OVERHEAD 212,759.00 148,997.00 25,543.00 .00 174,540.00 02 30,219.00 0,727.00
CO 41 MISC. CHANGES 37,435.00 37,435.00 .00 .00 37,435.00 100 .00 1,871,75
CO 42 MISC. CHANGES .00 .00 .00 .00 .00 100 .00 .00
CO #3 MISC. CHANGES 12,035.00- .00 12,035.00- .00 12,035.00- 100 .00 601.75 -
CO 44 MISC. CHANGES 224.00 .00 224.00 .00 224.00 100 .00 11.20
,7 o b T o t a 1 s 6384124.00 4473800.00 803,800.00 .00 5277600.00 83 1106524.00 263880,00
Page 27 of 80
This Page Is Left Intentionally Blank.
Page 28 of 80
Meeting Date: April 27tli, 2010
Time Required: 1 Minute
See attached resolution.
Oak Park Heights
Request for Council Action
Agenda Item Title: APPROVE RESOLUTION SUPPORTING THE EFFORTS OF TILE MULTI -
JURISDICTIONAL PARTNERSHIP FOR BECOMING A BEYOND THE YELLOW RIBBON COMMUNITY.
Agenda Placement: Consent Agenda
Originating Department /Requestor Councilmemher McComber
Requester's Signature
Action Requested Approve Resolution
Bauer =i,und /Justi H.cation (Please indicate if any previous action has been taken
or if other public bodies have advised):
Note: There may be some slight revisions to the document once approved by all participating members.
Page 29 of 80
A RESOLUTION SUPPORTING THE EFFORTS OF THE MULTI -
JURISDICTIONAL PARTNERSHIP FOR BECOMING A BEYOND THE
YELLOW RIBBON COMMUNITY
WHEREAS, Many families support their military service members who are serving in the United States
and overseas to protect the values and freedom enjoyed by the citizens of the United States of America,
and;
WHEREAS, a Beyond the Yellow Ribbon Community Partnership of the following cities and townships:
Bayport, Baytown Township, Oak Park Heights, and West Lakeland Township has been formed, in an
effort to assist connecting local military family members with a community network of support that is
understood and trusted by military families, where military residents and their families are recognized and
can access information and services to assist them during the deployment cycle and is sustainable for
future military families as deployment becomes necessary, and;
WHEREAS, this Beyond the Yellow Ribbon Community Partnership will build on existing strength of
our community and organizations by continuing to support awareness and addressing the needs of
spouses and children throughout the deployment, deployment- reintegration process and through extended
periods after homecoming in ways to lessen their burden while a fancily member is deployed or is
impacted by their service to community and country, and;
WHEREAS, We believe the effects of deployment does not end when the soldier returns home and the
family is reunited; this process takes months for some families and years for others; We believe the
ultimate vision attic community is to offer support to military families and honor there in our midst, and;
WHEREAS The City Council of the City of Oak Park Heights and the Beyond the Yellow Ribbon
Community Partnership encourages key groups of the community service members and their families to
be proactive and work in harmony to develop a program which empowers community synchronization of
effort and build an enduring and sustainable network of support.
NOW THE }Z EFORE BE IT RESOLVED en behalf of our residents the City Council of Oak Park
Heights is proemd to recognize, appreciate and say Thank You to our military members and their
families for their service sacrifices and in all they do.
ATTEST:
RESOLUTION
AN i r, BE IT FURTHER RESOLVED that the residents and City Council of the City of Oak Park
Heights does fully support the efforts of Beyond the Yellow Ribbon Partnership to support our
military 'members and their families whiles defending the democratic values of the United States of
Anraerica
Passed by the City Council of the City of Oak Park Heights this
Eric Johnson, City Administrator
David Beaudet Mayor
day of , 201:0
Page 30 of 80
Meeting Date:
Time Required:
Agenda Item Title:
Agenda Placement:
Requester's Signature .-._
April 27th, 2010
io Minutes
Oak Park Heights
Request for Council Action
Nolde Development — NW Corner of Oalrgt'.een Ave. and ; Sol street, Approval of
Multifarnil H , srg Revenue Bonds and Tax Increment Development Agreement
Old Bu
Originating Department /R. » or i,xic Johnson, City Administrator
Action Requested Appro e both resolutions as listed below
B; ckground /Justificati n (Please indicate if any p evi us cti
or if other public b i dies have dvised)
BOND ISSUANCE:
The City has received a request for City Financial Assistance from Developer Tim Nolde of Careen Twig, L1_C, a
Minnesota limited liability company (the "Borrower "), proposing that the City issue revenue bonds in an
aggregate principal amount not to exceed $16,000,000, in one or more series at one time or from time to time
(the "Bonds "), the proceeds of which will be loaned by the Clf to the jorrower to be applied by the Borrower
to the acquisition, construction, and equipping of an approximately 120 -unit assisted living facility with 26
memory care units, 65 assisted care units, and 29 independent care units, located at the Northwest quadrant of
the intersection of Oakgreen Avenue and 56th Street in the City (the "Project "). Mr. Nolde is responsible to pay
all City associated costs with the preparation and issuance of these bonds.
The City is not pledging any tax levying authority to repay these bonds; should these go into default the, City is
not legally or ethically obligated to repay these bonds. The Cite however will be lending its name to the project
and will have long-term carrying costs, for example it will need to be noted on the City Financial Statements and
the City will be required to act as,a paying agent to the bond holders.
The City has engaged the services of Bond Counsel Jennifer Boulton of Kennedy & Graven law Firm as well as
Nick Skarich of Northland Securities to assist in the review of this request. I am anticipating that Jennifer Boulton
will be present at the meeting to answer any questions.
n has he a taken
TAX INCREMENT DISTRICT:
Also, in June of 2009, the City Council did approve the creation of the TAX INCREMENTAL FINANCING
DISTRICT to assist Mr. Nolde in land assembly costs and demolition. That TIF approval has be9n
accommodated and translated in the enclosed TIF Agreement. While the fundamental cost structures have not
changed since the 2009 approvals, one meaningful change to note is the separation of the two phases of the
project, being the 4 -story 120 unit assisted living facility and the 48- unit common building. The initial concept
was to allow up to 80% of the TIF revenues to be generated from Phase 1 (120 unit facility) with the balance
from Phase I1. In this fashion, Mr. Nolde has significant incentive for constructing both Phases.
Mr. Nolde, did have issues securing funding under this separation and sought to attain all the TIF revenue from
Phase!. While this is understandable in today's market, it did leave a reduced incentive to actually construct
both project phases. Accordingly, the Agreement now requires that Mr. Nolde provide a $100,000 cash deposit
or Letter of Credit that will be utilized as a penalty payment to the City should he not complete both project
Phases by 12/31/15. Mr. Nolde would still however be required to complete all public improvements to the
project for both phases, pay all fees, land dedications and convey all lands as required to the City along
Oakgreen Ave. The balance of the agreement remains as anticipated.
Page 31 of 80
At this time, Mr. Tim Nolde's project at the P'N corner of 58 Street arid Oakgreen Ave„ is ready to
proceed to the net phase, that being the finalization of the Tax Incremental Financing Plan and the
approval of the Bond Issuances. Accordingly, the City Council must approve each independently:
Approve the following documents:
'I. Bond Approval Resolution
2. Approval TIF Development Agreement Resolution & Agreement
Page 32 of 80
RESOLUTION NO.
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS
MULTIFAMILY HOUSING REVENUE BONDS (OAKGREEN COMMONS
PROJECT), SERIES 2010; ADOPTING A HOUSING PROGRAM PURSUANT
TO MINNESOTA STATUTES, CHAPTER 462C; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS
AND RELATED DOCUMENTS; PROVIDING FOR TH.E SECURITY, RIGHTS,
AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING
APPROVAL FOR CERTAIN OTHER ACTIONS WI'T FI RESPECT THERETO
WHEREAS, the City of Oak Park Heights, Minnesota (the "City "), is a political subdivision of
the State of Minnesota; and
WHEREAS, pursuant to Minnesota Statutes, Chapter 4620, as amended (the "Act "), the. City is
authorized to carry out the public purposes described in the Act by issuing revenue bonds to finance or
refinance multifamily housing developments located within the City, and as a condition to the issuance of
such revenue bonds, adopt a housing program providing the information required by Section 462C.03,
subdivision la, of the Act; and
WHEREAS, in the issuance of the City's revenue bonds and in the making of a loan to finance a
multifamily housing development the City may exercise, within its corporate limits, any of the powers
that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as
amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and
WHEREAS, Oakgreen Commons, 1.,1.,0, a Minnesota limited liability company (the "Borrower"),
has requested that the City issue its revenue bonds under the Act and lend the proceeds thereof 10 the
Borrower to finance the following: (i) the acquisition, construction, and equipping of a 120 -unit assisted
living facility with 26 memory care units, 60 assisted care units, and 34 independent living units, to be
located at the Northwest quadrant of the intersection of Oakgreen Avenue and 38 Street in the City (the
"Pr'oject "); (ii) the payment of interest: on the bonds during the construction of the Project; (iii) the
funding of required reserves; and (iv) the payment of certain costs related to the issuance of the bonds;
rind
WHEREAS, the Project is designed and intended to be used primarily for senior's for rental
occupancy but is not restricted to persons age 55 and older; and
WHEREAS, the City has prepared a housing program ( the "Housing Program" or "Program ") to
authorize the Issuance by the City of revenue bonds in the maXilllulll principal amount of $16,000,000 to
finance the acquisition, construction, and equipping of the Project; and
WHEREAS, a notice of public hearing {the "Public Notice ") was published in the ,S'fillwater
Gazelle, the official newspaper and a newspaper of general circulation in the City, with respect to: (i) the
required public hearing under Section 147 0) of the Internal Revenue Code of 1486, as amended (the
"Code "); (ii) the required public hearing under Section 462C.04, subdivision 2, of the Act; (iii) the
Housing Program; and (iv) approval of the issuance of the Bonds, as hereinafter defined; and
WHEREAS, the Public Notice was published at least fifteen (15) days before the regularly
scheduled meeting of the City Council of the City (the "City Council "), and on March 30, 2010, the City
365879v2 S13 AKI45 -2
Page 33 of 80
Council conducted a public hearing at which a reasonable opportunity was provided for interested
individuals to express their views, both orally and in writing; and
WI-IEREAS, the Borrower has requested that the City issue, sell, and deliver its Multifamily
Housing Revenue Bonds (Oakgreen Commons, LLC Project), Series 2010 (the "Bonds "), in the original
aggregate principal amount not to exceed $ 16,000,000; and
WHEREAS, on February 23, 2010, the City Council adopted Resolution No. ]0- 02 -08,
authorizing the submission of an application to the office of Minnesota Management & Budget for an
allocation of bonding authority with respect to the Bonds to finance the Project in accordance with the
requirements of Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act "); and
W1-I1:REAS, the proceeds derived from the sale of the Bonds will be loaned by the City to the
Borrower pursuant to the terms of a Loan Agreement, dated on or after May 1, 2010 (the "Loan
Agreement "), between the City and the Borrower, whereby the City will apply the proceeds derived from
the sale of'the Bonds to fund a loan to the Borrower; and
WHEREAS, as further security for the repayment of principal and interest on the Bonds, the
Borrower will execute a Combination Mortgage, Security Agreement, Assignment of Leases and Rents
and Fixture Financing Statement, dated on or after May 1, 2010 (the "Mortgage ") for the benefit of the
City and assigned to the Trustee and a Collateral Assignment of Fax Increment Revenue Note, dated on
or after May 1, 2010 (the "Assignment of TIF Note ") for the benefit of the Trustee; and
WHEREAS, the Bonds will be issued pursuant to this resolution and an Indenture of Trust, dated
on or after May 1, 2010 (the "Indenture "), between the City and a bond trustee (the "Trustee "), and the
Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor under
the Loan Agreement; (ii) shall not constitute 0 debt of the City within the meaning of any constitutional or
statutory limitation; (iii) shall not constitute nor give rise to 0 pecuniary liability of the City or a charge
against its general credit or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or
equitable, upon any property of the City other than the City's interest in the Loan Agreement; and
(v) shall not constitute 0 general or moral obligation of the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF "THE C1"1Y OF OAK
PARK 1- 1EIG11TS, MINNESO"T"A, AS FOLLOWS:
l . "The City acknowledges, finds, determines, and declares that the issuance of the Bonds is
authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds,
and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute 0
public purpose and are in the interests of the City. In authorizing the issuance of the Bonds for the
financing of the Project and the related costs, the City's purpose is and the effect thereof will be to
promote the public welfare of the City and its residents by providing multifamily housing developments
for Iow or moderate income senior residents of the City and otherwise furthering the purposes and
policies of the Act.
2. The Housing Program is hereby adopted, ratified, and approved in all respects without
amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The
City Administrator is hereby authorized to do all other things and take all other actions as may be
necessary or appropriate to carry out the 1- lousing Program in accordance with the Act and any other
applicable laws and regulations.
:3t5879v2 IS13 AK145 -2
Page 34 of 80
3. For the purposes set forth above, there is hereby authorized the issuance, sale, and
delivery of the Bonds in one or more series in the maximum aggregate principal amount not to exceed
$16,000,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be
dated, shall mature, shall be in the aggregate principal amount, shall be subject to redemption prior to
maturity, shall be in such farm, and shall have such other terms, details, and provisions as are prescribed
in the indenture, in the form now on file with the City, with the amendments referenced herein. The City
Hereby authorizes the Bonds to be issued, in whole or in part, as "tax- exempt bonds," the interest 00
which is not includable in gross income for federal and State of Minnesota income tax purposes.
All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a
part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full
force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the
form in the Indenture on file with the City, which form is hereby approved, with such necessary and
appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of
the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds and the terms of redemption
of the Bonds) as the Mayor and the City Administrator, in their discretion, shall determine. The execution
of the Bonds with the manual or facsimile signature of the Mayor and the City Administrator and the
delivery of the Bonds by the City shall be conclusive evidence of such determination.
4. The Bonds shall be special, limited obligations of the City payable solely from the
revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to
the Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the
City to the payment of the Bonds. The Cii:y Council hereby authorizes and directs the Mayor and the City
Administrator to execute the Indenture, and to deliver the indenture to said Trustee, and hereby authorizes
and directs the execution of the Bonds in accordance with the terms of the 1 ndent re, and hereby provides
that the indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and
agreements of the owners of the Bonds, the City, and the Trustee as set forth therein.
All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in
full force and effect: from the date of execution and delivery thereof. "'Hie Indenture shall be substantially
in the form on file with the City, which is hereby approved, with such necessary and appropriate
variations, omissions and insertions as do not materially change the substance thereof, and as the Mayor
and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor
and the City Administrator shall be conclusive evidence of such determination.
5. The Mayor and the City Administrator are hereby authorized and directed to execute and
deliver the Loan Agreement, the Consent and Acknowledgement to the Assignment, and the Bond
Purchase Agreement, dated on or after May I, 2010 (the "Bond Purchase Agreement "), between
Dougherty & Company LLC (the "Underwriter"), the City, and the Borrower. All of the provisions of the
Loan Agreement, the Assignment, and the Bond Purchase Agreement, when executed and delivered as
authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the elate of execution and delivery
thereof. lite Loan Agreement, the Assignment and the Bond Purchase Agreement shall be substantially
in the forms on file with the City which are hereby approved, with such omissions and insertions as do
not materially change the substance thereof, and as the Mayor and the City Administrator, in their
discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be
conclusive evidence of such determinations.
6. To ensure compliance with certain rental and occupancy restrictions imposed by the Act
and Section 142(d) of the Code and to ensure compliance with certain restrictions imposed by the City,
365879v2 JS13 AK 145 -2
3
Page 35 of 80
the Mayor and City Administrator are also hereby authorized and directed to execute and deliver a
Regulatory Agreement, dated on or after May 1, 2010 (the "Regulatory Agreement "), among the City, the
Borrower, and the Trustee. All of the provisions of the Regulatory Agreement, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same
extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof. The Regulatory Agreement shall be substantially in the form on file with the City
which is hereby approved, with such omissions and insertions as do not materially change the substance
thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution
thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination.
7. 'T'he Bonds shall be special, limited revenue obligations of the City, the proceeds of which
shall be disbursed pursuant to the terns of the Indenture and the Loan Agreement, and the principal,
premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues
derived from the l..,oan Agreement, and the other sources set forth in the Indenture.
8. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds.
9, The Mayor and the City Administrator are hereby authorized to execute and deliver, on
behalf of the City, such other documents and certificates as are necessary or appropriate in connection
with the issuance, sale, and delivery of the Bonds, including an Assignment of Mortgage, dated on or
after May 1, 2010 (the "Assignment of Mortgage "), from the City to the "Trustee, various certificates of
the City, an information Return for Tax- Exempt Private Activity Bond Issues, Form 8038, with respect to
the Bonds, a certificate as to arbitrage and rebate, and similar documents, and all other documents and
certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the
Bonds, The City hereby approves the execution and delivery by the Trustee of the Indenture and all other
instruments, certificates, and documents prepared in conjunction with the issuance of the 13onds that
require execution by the Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond
counsel, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds.
10. The City has not participated in the preparation of the Official Statement relating to the
offer and sale of the Bonds (tile "Official Statement "), and has made no independent investigation with
respect to the information contained therein, including the appendices thereto, and the City assumes no
responsibility for the sufficiency, accuracy, or completeness of such information, Subject to the
foregoing, the City hereby consents to the distribution and the use by the Underwriter of the Official
Statement in connection with the offer and sale of the Bonds. The Official Statement is the sole material
consented t0 by the City for use in connection with the offer and sale of the Bonds.
11. Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by the City or by such
members of the City Council, or such officers, board, body or agency thereof as may be required or
authorized by law to exercise such powers and to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any
member of the City Council, or any officer, agent or employee of the City in that person's individual
capacity, and neither the City Council nor any officer or employee executing the Bonds shall be
personally liable on the Bonds or be subject to any personal liability or accountability by reason of the
issuance thereof.
3651179v2 .ISO AK 145 -2
4
Page 36 of 80
No provision, covenant or agreement contained in the aforementioned documents, the Bonds, or
in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or
the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any
pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the
agreements, provisions, covenants, and representations set forth in such documents, the City has not
obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the
Loan Agreement which are to be applied to the payment of the Bonds, as provided therein.
12. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon any
person or firm or corporation, other than the City, any holder of the Bonds issued under the provisions of
this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or
any provisions hereof, this resolution, the alol'ementioned documents, and all of their provisions being
intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time
of the Bonds issued under the provisions of this resolution.
13. In case any one or more of the provisions of this resolution, other than the provisions
contained in the first sentence of Section 4, or of the aforementioned documents, or of the Bonds issued
hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect
any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this
resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such
illegal or invalid provision had not been contained therein.
1d. The Bonds, when executed and delivered, shall contain a recital that they are issued
pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the
regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State
of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution
of the aforementioned documents to happen, exist, and be performed precedent to the execution of the
aforementioned documents have happened, exist, and have been performed as so required by law.
15. 'Fite officers of the City, bond counsel, other attorneys, engineers, and other agents or
employees of the City are hereby authorized to do all acts and things required of them by or in connection
with this resolution, the aforementioned documents, and the Bonds, for the full, punctual, and complete
performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned
documents, and this resolution. 11 for any reason the Mayor or the City Administrator is unable to
execute and deliver the documents referred to in this Resolution, such documents may be executed by any
member of the City Council or any officer of the City delegated the duties of the Mayor or the City
Administrator with the same force and effect as if such documents were executed and delivered by the
Mayor or the City Administrator.
16. The Borrower shall pay the administrative fee of the City on the date of issuance of the
Bonds, The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all
costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the
Bonds are issued, including any costs for attorneys' fees.
17. This Resolution shall be in full force and effect from and after its approval.
365579v2 3S13 AK 145-2
5
Page 37 of 80
Adopted by the City Council of the City of Oak Park Heights, Minnesota, on this 27th day of
April, 2010.
Attest:
City Administrator
365879v2 JS13 AK 145 -2
CITY OF OAK PARK HEIGHTS, MINNESOTA
Mayor
6
Page 38 of 80
RESOLUTION NO
RESOLUTION APPROVING TAX INCREMENT DEVELOPMENT AGREEMENT
BE II' RESOLVED By the City Council ( "Council ") of the City of Oak Park Heights
( "City ") as follows:
Section 1. Recitals.
365993v2 JS13 AK 145-2
CITY OF OAK PARK HEIGHTS
1.01, The City has created a development district known as Municipal Development
District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124 to
469.134, as amended, and Tax Increment Financing District No. 1 -1 (the "TIF District "), therein,
pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, as amended within the
Development District.
1.02. Oakgreen Commons, LLC, (the "Developer ") has requested that the City assist the
Developer with the financing of certain costs of the development and construction of an
approximately 120 unit assisted living facility and an approximately 80,000 square foot, 48 unit
owner occupied housing facility to be located in the TIF District (the "Project ") pursuant to a' fax
Increment Development Agreement dated as of the date hereof (the "Agreement ").
1.03. The City believes that the development of the Project pursuant to the Agreement,
and f:ul:llmcnt generally of the Agreement, are in the vital and best interests of the City and the
health, safety, morals, and welfare of its residents, and in accord with the public purposes and
provisions of the applicable State and local laws and requirements under which the development
has been undertaken and is being assisted.
Section 2. City Approval: Further Proceedings.
2.01. The Agreement as presented to the Council is hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are approved by
the City Attorney and the City Administrator; provided that execution of the Agreement by the
Mayor and City Administrator shall be conclusive evidence of approval.
2.02. The Mayor and City Administrator are hereby authorized to execute the Agreement
on behalf of the City and to carry out on behalf of the City the City's obligations thereunder.
Page 39 of 80
AT — EST:
Approved by the City Council of the City of Oak Park Heights this 27th day of April, 2010.
City Administrator
Mayor
Page 40 of 80
This document drafted by:
364652v8 SR AK I 45-2
TAX INCREMENT DEVELOPMENT AGREEMENT'
BY AND BETWEEN
THE CITY OF OAK PARK HEIGHTS, MINNESOTA
AND
OAKGREEN COMMONS, 1,1,C
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis, MN 55402
Page 41 of 80
Page
ARTICLE I DEFINITIONS 2
Section 1.1 Definitions 2
ARTICLE II REPRESENTATIONS AND WARRANTIES 4
Section 2.1 Representations and Warranties of the City 4
Section 2.2 Representations and Warranties of the Developer 4
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY 6
Section 3.1 Land Acquisition and Legal and Administrative Expenses 6
Section 3.2 Reimbursement: TIF Note. 6
Section 3.3 Security for Phase II Project 7
ARTICLE 1V EVENTS OF DEFAULT 9
Section 4.1 Events of Default Defined 9
Section 4.2 Remedies on Default 9
Section 4.3 No Remedy Exclusive. 10
Section 4.4 No Implied Waiver. 10
Section 4.5 Agreement to Pay Attorney's Fees and Expenses 10
Section 4.6 indemnification of City 1 0
ARTICLE', V ADDITIONAL PROVISIONS 12
Section 5.1 Restrictions on Use 12
Section 5.2 Conflicts of Interest 12
Section 5.3 Titles of Articles and Sections 12
Section 5.4 Notices and Demands 12
Section 5.5 Counterparts 13
Section 5.6 Law Governing 13
Section 5.7 Expiration. 13
Section 5.8 Provisions Surviving Rescission or Expiration 13
Section 5.9 Assignability of Agreement and TIE Note 13
EXHIBIT A Description of Development Property A -1
EXHIBIT 13 Form of TIF Note B -1
EXI -IIBIT C General Developer's Agreement C -1
EXHIBIT D Settlement Statements D- 1
EXHIBIT E Limitation of Liability E -1
364652v8 .1S/3 AK 45-2
TABLE OF CONTENTS
Page 42 of 80
TAX INCREMENT DEVELOPMENT AGREEMENT
THIS AGREEMENT, N' ', made as of the 27th day of April, 2010, by and between the City of
Oak Park Heights, Minnesota (the "City "), a municipal corporation organized and existing under
the laws of the State of Minnesota and Oakgreen Commons, LI.,C (the "Developer "), a
Minnesota limited liability company.
WITNESSI TI I:
WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City
has formed Municipal Development District No. 1 (the "Development District ") and has adopted
a development program therefor (the "Development Program "); and
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1799, as amended (hereinafter, the "'Tax Increment Act "), the City has created within the
Development District, Tax Increment Financing (Renewal and Renovation) District No. 1-1
( Oakgreen Project) (the "'fax Increment District ") and has adopted a tax increment financing
plan therefor (the "Tax Increment Plan ") which provides for the use of tax increment financing
in connection with certain development within the Development District; and
WHEREAS, in order to achieve the objectives of the Development Program and
particularly to make the land in the Development District available for development by private
enterprise in conformance with the Development Program, the City has determined to assist the
Developer with the financing of certain costs of a Project (as hereinafter defined) to be
constructed within the `fax Increment District as more particularly set forth in this Agreement;
and
WHEREAS, the City believes that the development and construction of the Project, and
fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety,
morals and welfare of residents of the City, and in accordance with the public purpose and
provisions of the applicable state and local laws and requirements under which the Project has
been undertaken and is being assisted; and
WHEREAS, the requirements of the Business Subsidy l...aw Minnesota Statutes, Section
1161.993 through 1161.995, do not apply to this Agreement pursuant to an exemption for
housing; and
WHEREAS, Exhibit E shall be incorporated herein by reference as if fully set forth in the
body of this Agreement; and
NOW, "THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
3646520 JSE3 AK 145 -2
Page 43 of 80
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein
shall have the following meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
City means the City of Oak Park Heights, Minnesota;
County means Washington County, Minnesota;
Developer means Oakgreen Commons, L.,1_,C.', its successors and assigns;
Development District means the real property described in the Development Program;
Development Pre gia means the development program approved in connection with the
Development District;
Development Property means the real property legally described in Exhibit A attached to
this Agreement;
Event of Default means any of the events described in Section 4.1 hereof;
General Developer's Agreement means the Developer's Agreement, dated as of
, 2010, between the City and the Developer and attached as Exhibit C hereto, as
the same may be from time to time modified, amended or supplemented;
Land Acquisition means the acquisition of the six existing single family homes
constituting a portion of the Development Property;
Legal and Administrative Expenses means the fees and expenses incurred by the City in
connection with the adoption and administration of the Tax Increment Financing Plan, the
preparation of this `fax Increment Development Agreement, and the issuance of the TIF Note;
Note Payment Date means each February 1 and August 1, commencing on the first
February 1 or August 1 following the dated date of the TIT' Note and thereafter to and including
the Termination Date; provided, that if any such Note Payment Date should not be a Business
Day, the Note Payment Date shall be the next succeeding Business Day;
Phase 1 Project means an approximately 120 unit assisted living facility to be located on
the Development Property, as approved by Resolution 0906 -24;
36462v8 Isla AK145 -2
2
Page 44 of 80
Phase I1 Project means an approximately 80,000 square foot, 48 unit owner occupied
housing facility to be located on the Development Property, as approved by Resolution # 0906-
24;
Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank
National Association in Minneapolis, Minnesota, as its "prime rate" or "reference rate" or any
successor rate, which rate shall change as and when that rate or successor rate changes;
Project means the acquisition, demolition and clearing of six single family homes located
on the Development Property and the construction of the Phase I Project and the Phase 11 Project;
State means the State of Minnesota;
fax increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as
amended;
Tax Increment District means Fax hlcreinent Financing District No. 1 -1, located within
the Development District, which was qualified as a renewal and renovation district under the 'Fax
Increment Act;
Tax Increment Financing ']an means the tax increment financing plan approved for the
'Fax Increment District by the City Council;
Fax increments means 80% of the tax increments derived from the Development
Property which have been received and retained by the City in accordance with the provisions of
Minnesota Statutes, Section 469.177.
" Ferinination Date means the earlier of (i) February 1, 2026, (ii) the date the
Reimbursement Amount is paid in full, (iii) the date on which the Tax Increment District expires
or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in
accordance with its terms;
"1'IF Note means the Tax Increment Revenue Note (Oakgreen Project) to be executed by
the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached
hereto as Exhibit 13; and
Unavoidable Delays means delays, outside the control of the party claiming its
occurrence, which are the direct result of strikes, other labor troubles, unusually severe or
prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced
by third parties which, by injunction or other similar judicial action or by the exercise of
reasonable discretion, directly results in delays, or acts of any federal, state or local
governmental unit (other than the City) which directly result in delays.
364652v8 JS4:3 AK.I45 -2
3
Page 45 of 80
ARTICLE; I1
REPRESENTATIONS AND WARRANTIIiS
Section 2.1 Rpresentations and Warranties of the City. The City makes the following
representations and warranties:
(1) The City is a municipal corporation and has the power to enter into this
Agreement and carry out its obligations hereunder.
(2) The subject Tax Increment District is a "renewal and renovation district" within
the meaning of Minnesota Statutes, Section 469.174, Subdivision 10a, and was created, adopted
and approved in accordance with the terms of the 'fax Increment Act.
(3) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Development Program. Land use permits shall be
governed by City land use ordinances, specific land use approvals and the General Developer's
Agreement separate from this Agreement.
(4) To finance certain costs within the 'fax Increment District, the City proposes,
subject to the further provisions of this Agreement, to apply certain 'fax Increments to reimburse
the Developer for the costs of the Land Acquisition in connection with the Project as further
provided in this Agreement. 'l'he City neither pledges nor provides any other financial' assistance
to the Developer to reimburse for Land Acquisition or other costs.
(5) The City makes no representation or warranty, either express or implied, as to the
Development Property or its condition or the soil conditions thereon, or that the Development
Property shall be suitable for the Developer's purposes or needs.
Section 2.2 Representations and Warranties of the Developer. The Developer makes
the following representations and warranties:
(1) The Developer is a Minnesota limited liability company, has power to enter into
this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of
any provisions of its articles, bylaws or the laws of the State.
(2) The Developer will cause the Project to be constructed in compliance with the
terms of this Agreement, the General Developer's Agreement, the Development Program, all
issued permits for the Project and all local, state and federal laws and regulations (including, but
not limited to, environmental, zoning, energy conservation, building code and public health laws
and regulations).
(3) The construction of the Project would not have been undertaken by the
Developer, and in the opinion of the Developer would not be economically feasible within the
reasonably foreseeable future, without the assistance and benefit to the Developer provided for in
this Agreement.
364652v11 Js13 AK 145 -2
4
Page 46 of 80
(4) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provision of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(5) The Developer will cooperate with the City with respect to any litigation
commenced with respect to the Project.
(6) The Developer will cooperate with the City in resolution of any traffic, parking,
trash removal or public safety problems which may arise in connection with the construction of
the Project.
(
construction of the Project shall commence by July 1, 20] 0.
(8) The Developer has made its own projections of Tax Increment and revenues to be
generated from the Project and of the Developer's return on investment and the Developer has
not relied on any assumptions, calculations, determinations or conclusions made by the City, its
governing body members, officers or agents, including the independent contractors, consultants
and legal counsel, servants and employees thereof, with respect to the foregoing or in
determining to proceed with the Project.
(9) The Developer reasonably expects to substantially complete the Phase I Project
by December 31, 2011 and the improvements set forth in the Genera] Developer's Agreement in
accordance with the time frames set forth therein. The Developer's goal is to substantially
complete the Phase 11 Project by December 31, 2012; however, the construction of the Phase 1I
Project will depend on market conditions and the Developer's ability to secure financing.
Therefore, the Developer does not covenant or warrant that the Phase 11 Project will be
constructed or that construction will occur within a specific time frame.
364652v8 .1S13 AK145 -2
The acquisition and demolition of the existing six homes has commenced and
5
Page 47 of 80
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1 Land Acquisition and Legal and Administrative Expenses. The Developer
has paid the City for Legal and Administrative Expenses accrued to date in an amount equal to
$ upon execution of this Agreement. The cost of the Land Acquisition and the
Project shall be paid by the Developer. As exclusively provided in Section 3.2 hereof, the City
shall reimburse the Developer for the lesser of $1,200,000 or the costs of the Land Acquisition
actually paid by the Developer (the "Reimbursement Amount ").
Section 3.2 Reimbursement: TIF Note. The City shall reimburse for the costs
identified in Section 3.1 exclusively through the issuance of the City's TIT' Note in substantially
the form attached to this Agreement as Exhibit 13, subject to the following conditions:
(1) The TIE Note shall be dated, issued in a principal amount equal to the
Reimbursement Amount and delivered to the Developer upon issuance by the City of a building
permit for the Project. I- lowever, no Tax Increments will be applied to the payment of the TIT'
Note until the Developer has (a) installed all trails and infrastructure in all public and common
areas for the Project as shown on the plans and specifications therefor attached to the (:general
Developer's Agreement and provided proof of payment for all such elements to required
contractors; (b) transferred all required lands along Oakgreen Avenue to the City as provided in
Section /Exhibit of the General Developer's Agreement; (c) the Developer has deposited
$100,000 in an escrow account to be held by the City or has delivered to the City a letter of
credit satisfactory to the City in the amount of $100,000 pursuant to Section 3.3 and (d) paid the
cost of the Land Acquisition, as described in and limited by Section 3.1. The Developer has
submitted signed settlement statements showing the cost of the Land Acquisition in an amount
not less than the Reimbursement Amount which are attached as Exhibit D hereto.
(2) The unpaid principal amount of the TIF Note shall bear interest from the date of
issuance of the T'IF Note, at a rate per annum equal to the lesser of (i) the net effective rate of
interest on the Housing Revenue Bonds, Series 2010 (Oakgreen Commons Project) to be issued
by the City in connection with the Phase I Project or (ii) 8.00 %. Interest shall be computed 00
the basis of a 360 day year consisting of twelve (12) 30 -day months.
(3) The principal amount of the TIF Note and the interest thereon shall be payable
solely and exclusively from the Tax hlcrements, and shall, subject to the limitations set forth in
Section 4.2, be conditioned on the Developer being compliant with the terms and provisions of
the Developer's Agreement and all issued permits for the Project.
(4) On each Note Payment Date and subject to the provisions of the 'NI' Note, the
City shall pay, solely from the Tax Increments (as defined in Section 1.1) received by the City
during the preceding 6 months (or, with respect to the first Note Payment Date, in the period
commencing on the date of issuance of the TIF Note through the day prior to the first Note
Payment Date) to the extent of the outstanding principal and accrued interest on the TIF Note.
All such payments shall be applied first to the payment of accrued interest and then to the
payment of the principal of the TIF Note.
364652v8.150 AK I45 -2
6
Page 48 of 80
(5) The TIF Note shall be a special and limited obligation of the City and not a.
general obligation of the City, and only Tax Increments shall be used to pay the principal and
interest on the TIF Note. If, on any Note Payment Date, the Tax Increments for the payment of
the accrued and unpaid interest on the "I'IF Note are insufficient for such purposes, the difference
shall be carried forward, with interest at the rate set forth in the TIF Note, and shall be paid if and
to the extent that on a future Note Payment Date there are Tax Increments in excess of the
amounts needed to pay the accrued interest then due on the TIF Note.
(6) The City's obligation to make payments on the TIF Note on any Note Payment
Date or any date thereafter shall, subject to the limitations set forth in Section 4.2, be conditioned
upon the requirement that (A) there shall not at that time be an Event of Default that has occurred
and is continuing under this Agreement, the General Developer's Agreement or any issued
permits for the Project; and (B) this Agreement shall not have been rescinded pursuant to Section
4.2(b).
(7) The TIF Note shall be governed by and payable pursuant to the additional terms
thereof, as set forth in Exhibit 13. In the event of any conflict between the terms of the TIF Note
and the terms of this Section 12, the terms of the "IF Note shall govern. The issuance of the
TIP Note pursuant and subject to the terms of this Agreement, and the taking by the City of such
additional actions as bond counsel for the TIF Note may require in connection therewith, are
hereby authorized and approved by the City.
Section 3.3 Security for Phase II Prefect. On or prior to the date the City issues th.e
TIF Note, the Developer shall either (i) deposit $100,000 in an escrow account to be held by the
City or (ii) deliver to the City a letter of credit satisfactory to the City in the amount of
$100,000 subject to the following provisions:
(1) If the Developer deposits $100,000 cash with the City, the City shall hold such
amount in a City escrow account and, to the extent practicable and authorized by law, invest such
account in an interest bearing Certificate Of Deposit consistent with the City's current investment
policies. To the extent practicable and authorized by law the City shall annually pay to the
Developer any interest earnings on such Certificate of Deposit received in the prior 12 -month
period, however the City does not guaranty any specific rate of interest or other rate of return. If
the Developer fails to obtain a Certificate of Occupancy for the Phase II Project on or prior to
December 31, 2015, the City may withdraw and retain the $100,000 as a penalty and terminate
the escrow account. Within 30 days of issuing a Certificate of Occupancy to the Developer for
the Phase II Project, the City shall pay all amounts in the escrow account to the Developer.
(2) At least 15 days prior to delivering to the City a letter of credit in the amount of
$100,000, the Developer shall provide the City a draft of the letter of credit and related
documents for review and approval. The letter of credit must be issued by a financial institution
acceptable to the City, with a branch located in the Seven- County Metro Area, for a term of at
least 0110 year which automatically renews for one -year periods until the earlier of (a) the date the
Developer obtains a Certificate of Occupancy for the Phase II Project or (b) January 31, 2016. If
the City is not satisfied with the form of the proposed letter of credit and related documents or
the financial institution proposed to issue the letter of credit, the Developer shall deposit
$100,000 cash with the City in accordance with Section 3.3(1). If the City accepts a letter of
364652v8 .1S13 AK 145 -2
7
Page 49 of 80
credit, the letter of credit shall provide that if (i) the Developer fails to obtain a Certificate of
Occupancy for the Phase 11 Project on or prior to December 31, 2015 or (ii) the Developer fails
to renew the letter of credit for at least a one -year period at least 45 days prior to its stated
termination date, the City may draw upon the letter of credit in the amount of $ 100,000 and
retain such funds as a penalty.
364652v8 ISI.3 AK145 -2
8
Page 50 of 80
364652v8 3S13 AK 145 -2
ARTICI.,I: IV
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean whenever it is used in this
Agreement any one or more of the following events:
(a) Failure by the Developer to timely pay any ad valorem real property taxes
assessed with respect to the Development Property.
(b) Failure by the Developer to cause the construction of the Project to be
completed pursuant to the terms, conditions and limitations of this Agreement, the
General Developer's Agreement and/or any issued permits for the Project.
(c) Failure of the Developer to observe or perform any other covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement.
(d) if the Developer shall:
(A) file any petition in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or similar relief
under the United States Bankruptcy Act of 1978, as amended or under any similar
federal or state law; or
(13) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they
become due; or
(D) be adjudicated as bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer, as a bankrupt or its reorganization
under any present or future federal bankruptcy act or any similar federal or state
law shall be filed in any court and such petition or answer shall not be discharged
or denied within sixty (60) days after the filing thereof; or a receiver, trustee or
liquidator of the Developer, or of the Project, or part thereof, shall be appointed in
any proceeding brought against the Developer, and shall not be discharged within
sixty (60) days after such appointment, or if the Developer, shall consent to or
acquiesce in such appointment.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in
Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of
the following actions after the giving of thirty (30) days' written notice to the Developer citing
with specificity the item or items of default and notifying the Developer that it has thirty (30)
days within which to cure said Event of Default. If the Event of Default has not been cured
within said thirty (30) days:
9
Page 51 of 80
{a) The City may suspend its performance under this Agreement and the TIF
Note until it receives written assurances from the Developer, deemed adequate by the
City, that the Developer will cure its default and continue its performance under this
Agreement, and no interest shall accrue on the TIF Note for the benefit of the Developer
while performance is suspended in accordance with this Section 4.2.
(b) The City may cancel and rescind the Agreement and the TIF Note.
(e) The City may take any action, including legal or administrative action, in
law or equity, which may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant of the Developer under this
Agreement.
Notwithstanding any provision to the contrary herein, the City agrees that if the
Developer completes construction of the Phase I Project and has assigned the TIF Note to an
Assignee in accordance with Section 5.9, the City will not exercise any remedies set forth in this
Section 4.2 which would have the effect of reducing, suspending or terminating any payments on
the TIF Note. This paragraph shall not limit the City's remedies provided under the General
Developer's Agreement for any event of default set forth therein, provided such remedies do not
have the effect of reducing, suspending or terminating any payments on the TIF Note.
Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to
the City is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
Section 4.4 No Implied Waiver. in the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
Section 4.5 Agreement to Pay_Attorney Fees and Expenses. Whenever any Event of
Default occurs and the City shall employ attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer herein contained, the Developer agrees
that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such
other expenses so incurred by the City.
{1)
The Developer releases from and covenants and agrees that the City, its governing
body members, officers, agents, including the independent contractors, consultants and legal
counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively
the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless the
364652v8 1513 AK 145 -2
Section 4.6 Indemnification of City.
I0
Page 52 of 80
Indemnified Parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Project, provided that the
foregoing indemnification shall not be effective for any actions of the Indemnified Parties that
are not contemplated by this Agreement.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of
the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now
and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit,
action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from the actions or inactions of the Developer (or if other persons acting on its behalf or
tinder its direction or control) under this Agreement, or the transactions contemplated hereby or
the acquisition, construction, installation, ownership, and operation of the Project; provided, that
this indemnification shall not apply to the warranties made or obligations undertaken by the City
in this Agreement or to any actions undertaken by the City which are not contemplated by this
Agreement but shall, in any event and without regard to any fault on the part of the City, apply to
any pecuniary loss or penalty (including interest thereon from the date the loss if incurred or
penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Project causing the
'l'ax Increment District to not qualify or cease to qualify as a "renewal and renovation district"
under Section 469.174, Subdivision 10a, of the Act or to violate limitations as to the use of Tax
Increments as set forth in Section 469.176, Subdivision 4j.
(3) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City, as the case may be.
364652v11 1513 AK 145 -2
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Page 53 of 80
Section 5.1 Restrictions on Use. The Developer agrees for itself, its successors and
assigns and every successor in interest to the Development Property, or any part thereof, that
the Developer and such successors and assigns shall operate, or cause to be operated, the
Project as a multifamily senior housing and assisted living facility and shall devote the
Development Property to, and in accordance with, the uses specified in this Agreement.
Section 5.2 Conflicts of Interest. No member of the governing body or other official
of the City shall have any financial interest, direct or indirect, in this Agreement, the
Development Property or the Project, or any contract, agreement or other transaction
contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such
member of the governing body or other official participate in any decision relating to the
Agreement which affects his or her personal interests or the interests of any corporation,
partnership or association in which he or she is directly or indirectly interested. No member,
official or employee of the City shall be personally liable to the City in the event of any default
or breach by the Developer or successor or on any obligations under the terms of this
Agreement.
Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and
sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 5.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
With copy to:
at:
360520i JS13 AK I47 -2
ARTICLE V
ADDITIONAL PROVISIONS
(a) in the case of the Developer is addressed to or delivered personally to:
Oakgreen Commons, LLC
P.O. Box 119
775 Green Twig Way
Stillwater, MN 55082 -0119
Attn: Tim Nolde
Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, Minnesota 55402 -4629
Attn: John D. Nolde, Esq.
(b) in the case of the City is addressed to or delivered personally to the City
12
Page 54 of 80
With copy to:
City of Oak Park heights, Minnesota
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Heights, MN 55082 -3007
Attn: City Administrator
Eckberg, Lammers, Briggs Wolff & Vierling PI.,LP
City Attorneys Oak Park Heights
1809 Northwestern Ave
Stillwater, MN 55082
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section.
Section 5.5 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 5.6 Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State.
Section 5.7 Expiration. This Agreement shall expire on the Termination Date.
Section 5.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising
out of any event, occurrence or circumstance existing prior to the date thereof.
Section 5.9 Assignability of Agreement and TIE Note. This Agreement and the TIF
Note may be assigned only with the written consent of the City which consent shall not be
unreasonably withheld. If the City consents to the assignment of the TIE Note to a third party
(an "Assignee ") to secure financing for the Project, the Developer may request, at its sole
expense, an opinion of the City's Bond Counsel or nationally recognized bond counsel selected
by the Developer, to the effect that the TIF Note is a valid obligation of the City enforceable in
accordance with its terms.
364652v8 .1s13 AK ] 45 -2
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Page 55 of 80
IN WfTNISS WHEREOF, the City has caused this Agreement to be duly executed in its
name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this
Agreement to be duly executed in its name and on its behalf, on or as of the date first above
written.
(S
AL)
364652v8 JS13 AK145 -2
S -1
CI"T"Y OF OAK PARK I-1EIGI- ITS,
MINNESOTA
By
Its Mayor
By
Its City Administrator
This is a signature page to the Tax Increment Development Agreement by and between the City
of Oak Park Heights and Oakgreen Commons, LLC
Page 56 of 80
This is a signature page to the Tax Increment Development Agreement by and between the City
of Oak Park Heights and Oakgreen Commons,
364652'8 3513 AK 145 -2
OAKGREEN COMMONS, I.tC
By
Its
S -2
Page 57 of 80
EXHIBIT A
Description of Development Property
The property located in the City of Oak Park Heights, Washington County, Minnesota
legally described as follow:
Parcel 1:
OUTLOT C, OAKGRI EN VII...,AGI: , according to the recorded plat thereof, on file and of
record in the office of the Registrar of Titles, Washington County, Minnesota, except that part
described as follows: Beginning at the southwest corner of said OUTLOT C; thence North 00
degrees 31 minutes 04 seconds East, along the west line of said OUTLOT C, a distance of 15.88
feet; thence, continuing along said west line, North 12 degrees 24 minutes 47 seconds East a
distance of 61.42 feet; thence North 05 degrees 16 minutes 25 seconds West a distance of 34.14
feet; thence, leaving said west line, South 89 degrees 14 minutes 53 seconds East a distance of
34.37 feet; thence South 00 degrees 31 minutes 03 seconds West a distance of 109.81 feet to the
south line of said OUTLOT C; thence North 89 degrees 28 minutes 57 seconds West, along said
south line of OUTLOT C, a distance of 43.59 feet to the point of beginning.
Torrens Property
Torrens Certificate No. 64057 ('includes additional land)
Parcel 2:
Outlot 11, Oakgreen Village, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 66700
Parcel 3:
Outlot 1, Oakgreen Village, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 64174
Parcel 4:
Outlot 1, Oakgreen Village, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 65374
Parcel 5:
Outlot K, Oakgreen Village, Washington County, Minnesota.
364652v8 ISI3 AK145 -2
A -1
Page 58 of 80
Torrens Property
Torrens Certificate No. 66655
Parcel 6:
Outlot I_,, Oakgreen Village, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 66699
Parcel 7:
Outlot M, Oakgreen Village, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 64175
Parcel 8:
That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 5,
Township 29 North, Range 20 West, Washington County, Minnesota, described as follows:
Commencing at the Southeast corner of said North Half of the Southeast Quarter of the
Northeast Quarter; thence North (assumed bearing) along the East line of said North Half of the
Southeast Quarter of the Northeast Quarter a distance of 560.00 feet to the point of beginning;
thence Westerly, at a right angle to the last described line, a distance of 200.00 feet; thence
North, parallel with said East line of the North Half of the Southeast Quarter of the Northeast
Quarter, a distance of 100.00 feet to the North line of said North Half of the Southeast Quarter of
the Northeast Quarter; thence Last, along said North line, a distance of 200.00 feet to the East
line of the North Half of the Southeast Quarter of the Northeast Quarter; thence South along said
East line, 100.00 feet to the point of beginning.
Washington County, Minnesota
Torrens Property
Torrens Certificate No. 66698
Parcel 9:
All that part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North,
Range 20 West, described as follows:
Beginning at a point on the East line of said Northeast Quarter of the Northeast Quarter 110 feet
North of the Southeast corner thereof; thence West on a line parallel with the South line thereof
150 feet to a point; thence North on a line parallel to the East line thereof 132 feet to a point;
thence East on a line parallel with the South line thereof 150 feet to a point on the East line
thereof; thence South on the East line thereof 132 feet to the point of beginning.
Washington County, Minnesota
3(4652v8 JS13 AK 145 -2
A -2
Page 59 of 80
Torrens Property
Torrens Certificate No. 65230
Parcel 10:
All that part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North,
Range 20 West described as follows: Beginning at a point on the East line of the said Northeast
Quarter of the Northeast Quarter; 357 feet North of the Southeast corner thereof; thence West on
a line parallel with the South line thereof 275 feet to a point; thence North on a line parallel to
the East line thereof 115 feet to a point; thence East on a line parallel with the South line thereof
275 feet to a point on the East line thereof; thence South on the East line thereof 115 feet to the
point of beginning; subject to the public highway on the East side of said tract.
Washington County, Minnesota
Torrens Property
".l'orrens Certificate No. 65468
Parcel 11:
Outlot A, Goodwill Addition
Washington County, Minnesota
Torrens Property
Torrcns Certificate No. 64059
Parcel 12:
Lot Dour (4), Block Fifteen (15), Oakgreen Village Washington County, Minnesota
Torrens Property
Torrens Certificate No. 63918
Parcel 13:
That part of Outlot l), OAKGREEN VILLAGE, according to the recorded plat thereof, on file
and of record in the office of the Registrar of Titles, Washington County, Minnesota, lying
northeasterly of a line described as follows: Beginning at the southwest corner of Lot 4, Block
15, said OAKGREEN VILLAGE; thence South 32 degrees 39 minutes 12 seconds East a
distance of 66.80 feet to the northeast corner of I.,ot 4, Block 12, said OAKGREEN VILLAGE,
and said line there terminating.
Washington County, Minnesota
Torrens Property
Torrens Certificate No. 63866 (includes additional land)
364652v8 3s13 AK 145 -2
A -3
Page 60 of 80
NOTE: The above described property will be platted as:
Lot 2, Block 1, Carriage House Co -Op and Assisted Living Addition
Washington County, Minnesota
Torrens Property
Torrens Certificate No.
36462v8 JS13 AK145 -2
A -4
Page 61 of 80
EXHIBTT 13
Form of TIF Note
No.R -1 $
TAX INCREMENT REVENUE NOTE
(OAKGREEN PROJECT)
The City of Oak Park Heights, Minnesota (the "City "), hereby acknowledges itself to be
indebted and, for value received, hereby promises to pay the amounts hereinafter described {the
"Payment Amounts ") to Oakgreen Commons, L LC (the "Developer ") or its registered assigns
(the "Registered Owner "), but only in the manner, at the times, from the sources of revenue, and
to the extent hereinafter provided.
The principal amount of this Note shall equal from time to time the principal amount
stated above, as reduced to the extent that such principal installments shall have been paid in
whole or in part pursuant to the terms hereof provided that the sum of the principal amount
listed above shall in no event exceed $1,200,000 as provided in that certain Tax Increment
Development Agreement, dated as of April 27, 2010, as the same may be amended from time to
time (the "Tax Increment Development Agreement "), by and between the City and the
Developer. The unpaid principal amount hereof shall bear interest from the date of this Note at
the rate of and hundredths percent ( %) per annum. Interest
shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months.
The amounts due under this Note shall be payable on each February 1 and August 1,
commencing on the first February 1 or August 1 following the date hereof and thereafter to and
including February 1, 2026, or, if the first should not be a Business Day (as defined in the Tax
Increment Development Agreement) the next succeeding Business Day {the "Payment Dates ").
On each Payment Date the City shall pay by cheek or draft mailed to the person that was the
Registered Owner of this Note at the close of the last business day of the City preceding such
Payment Date an amount equal to the 'fax Increments (hereinafter defined) received by the City
during the six month period preceding such Payment Date (or, with respect to the first Note
Payment Date, in the period commencing on the date of issuance of the TIF Note through the day
prior to the first Note Payment Date). All payments made by the City under this Note shall first
be applied to accrued interest and then to principal. This Note is pre- payable by the City,
without penalty, in whole or in part, on any date.
The Payment Amounts due hereon shall be payable solely from 80% of tax increments
(the "Tax Increments ") from the Development Property within the City's Tax Increment District
3(646520.1S13 AK145 -2
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGI-TTS
B -1
Page 62 of 80
No. 1 -1 (the "Tax Increment District ") within its Municipal Development District No. 1 which
are paid to the City and which the City is entitled to retain pursuant to the provisions of
Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or
supplemented from time to time {the "Tax Increment Act "). This Note shall terminate and be of
no further force and effect following the last Payment Date defined above, on any date upon
which the City shall have terminated the Tax Increment Development Agreement under Section
4.2(b) thereof, subject to the provisions of 4.2, the date the "fax Increment District is terminated,
or on the date that all principal and interest payable hereunder shall have been paid in full,
whichever occurs earliest.
The City makes no representation or covenant, express or implied, that the 'fax
Increments will be sufficient to pay, in whole or in part, the amounts which are or may become
due and payable hereunder. in the event Tax Increments are not sufficient, the City is not
responsible to further fiend or reimburse the Developer (or its assigns or creditors) for any such
shortfall. The City is not responsible to fund or reimburse any obligation of the Developer (or its
assigns or creditors) unless expressly stated in this Agreement.
Subject to the terms of the fax Increment Development Agreement, the City's payment
obligations hereunder shall be further conditioned on the fact that no Event of Default under the
Tax Increment Development Agreement shall have occurred and be continuing at the time
payment is otherwise clue hereunder, but such unpaid amounts shall become pa.yahle if said
Event of Default shall thereafter have been cured; and further, if pursuant to the occurrence of an
]..vent of Default under the 'fax Increment Development Agreement the City elects, subject to the
provisions of Section 4.2 of the Development Agreement, to cancel and rescind the `Fax
Increment Development Agreement, the City shall have no further debt or obligation under this
Note whatsoever. Reference is hereby made to all of the provisions of the Tax Increment
Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement
of the rights and obligations of the City to pay the principal of this Note, and said provisions are
hereby incorporated into this Note as though set out in full herein.
This Note is a special, limited revenue obligation and not a general obligation of the City
and is payable by the City only from the sources and subject to the qualifications stated or
referenced herein. This Note is not a general obligation of the City, and neither the full faith and
credit nor the taxing powers of the City are pledged to the payment of the principal of this Note
and no property or other asset of the City, save and except the above - referenced Tax Increments,
is or shall be a source of payment of the City's obligations hereunder.
This Note is issued by the City in aid of financing a project pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including the 'fax
Increment Act.
This Note may be assigned only with the consent of the City. In order to assign the Note,
the assignee shall surrender the same to the City either in exchange for a new fully registered
note or for transfer of this Note on the registration records for the Note maintained by the City.
Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all
provisions stated or referenced herein.
364652v8 Js13 AK 145 -2
13-2
Page 63 of 80
IT IS I- IEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened,
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, City of Oak Park I- Ieights, Minnesota, by its City Council,
has caused this Note to be executed by the manual signatures of its Mayor and City
Administrator and has caused this Note to be dated as of
City Administrator Mayor
364652vS J.S13 AK 145 -2
B -3
Page 64 of 80
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note was registered in the name of Oakgreen
Commons, LLC, and that, at the request of the Registered Owner of this Note, the undersigned
has this day registered the Note in the name of such Registered Owner, as indicated in the
registration blank below, on the books kept by the undersigned for such purposes.
NAME AND ADDRESS OF DATE OF SIGNATURE OF CITY
REGISTERED OWNER REGISTRATION CLERK
Oakgreen Commons, I:,LC
P.O. Box 119
Stillwater, MN 550824)1 19
364652v8 1513 AK 145 -2
B -4
Page 65 of 80
364652v8 JS13 AK H5-2
EXHIBIT C
General Developer's Agreement
C-1
Page 66 of 80
364652v8 JS13 AK 145 -2
E)I-IIBIf I)
Settlement Statements
Page 67 of 80
EXHIBIT L
Limitation of Liability
No agreements or provisions contained in this Agreement shall give rise to any pecuniary
liability of the City or a charge against its general credit or taxing powers, or shall obligate the
City financially in any way except with respect to the application of the Fax Increments as
specifically provided in this Agreement and in the TIF Note. The TIF Note, including principal,
premium and any other payments however designated, and the interest due thereon do not and
shall never constitute a general obligation of the City within the meaning of any state
constitutional or statutory provision and do not and shall not constitute or give rise to a pecuniary
liability or moral obligation of the City, the State of Minnesota or any of its political
subdivisions, or a charge against its general credit or taxing powers, or to the extent permitted by
law, any pecuniary liability of any officer, employee or agent of the City. The provisions of this
paragraph are controlling notwithstanding anything in this Agreement to the contrary.
364652v$ JSI3 AK 145 -2
E- I
Page 68 of 80
9 T-).
Oak Park Heights
Request for Council Action
Meeting Datc April 27, 2010
Agenda item Set Date, Time and Location for 2010 Party in the Park
Time Req. _5 _.
Agenda Placement New Business
Originating Department /Requester Administration /Jennifer Pinski
Requester's Signature
Action Requested Set Date, Time, and location for 2,010 Party in the Park
Background /Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Party in the Park typically takes place from 5:00 p.m. to 7:00 p.m. on National Night Out which
is Tuesday, August 3 this year. I recommend the City Council set this year's Party in the Park
for that date and time.
Last year the council discussed the possibility of rotating the location of Party in the Park on a
yearly basis between Autumn hills Park and Brekke Park. I request the City Council discuss and
take set the location of this year's Party in the Park.
Page 69 of 80
This Page Is Left Intentionally Blank.
Page 70 of 80
Discussion, possible action, See enclooedinhornnadon,
Oak Park Heights
Request for Council Action
Meeting Date:
Time Required: TiMinutes
Agenda l�m'Fit la: 0l,C — Prescription Discount Card !rQgram
AgmadaBIaw:ozot: New Business
(}ri8innduQDnyurYzuout/Buguox!ur
Requester's SiKumtvrc______________________----_-___--_____-�
Action Requested See Below
Background/just gp (Please indicate if amprevious action has been Laken
or if other nubile bodies Ir..ive advised)
Page 71mao
NIX; Prescription Discount Card Program 1 National League of Cities Page 1 of 2
if
:or1 1 ,.<iil
Home: Enterprise Programs: Prescription Discount Card Program
/I/ this Section
Enterprise Programs
Government
Employees
Marketplace
U.S. Communities
Government
Purchasing Alliance
America Downtown
Community Showcase
Video Program
Prescription Discount
Card Program
\ NATIONAL, LEAGUE OF CITIES
Strengthening & promoting cities as centers of opportunity, leadership, and governance
NLC PrescripUio
Your residents will see an immediate benefit?
• Easy Access. Your residents may save
an average of 20% at more than 59,000
participating pharmacies across the
country, including many pharmacies in
your city.
• No Fees and No Limits. Your
residents, including all family members,
may use the discount card anytime their
prescription is not covered by insurance.
There are no fees, no restrictions and
no limits on how often the card may be
used
http://www.n1c.org/enterpriseprograms/rx_card.aspx
Discount Card Program
® Program brochure
• Frequently Asked Questions (FAQ)
• List of participating cities (as of March 1, 2010)
• Charlotte, NC Press Conference - lames
Mitchell, Jr., NLC First Vice President
® 2009 Congress of Cities Workshop Session
• Local media reports of cities participating in NI,.0
Prescription Discount Card Program
A program for NLC member cities to help residents cope with the high cost of prescription drugs. Now it is possible
for you to offer savings on prescription drugs to your residents who are without health insurance, a traditional
pharmacy benefit plan, or have prescriptions not covered by insurance.
The NLC Prescription Discount. Card program, in collaboration with CVS Caremark, can save an average of 20%
off the full retail cost of prescription medication.
There is no cost to your city to co- sponsor the program with NLC. CVS Caremark will provide you with personalized
(with your city seal/logo) prescription discount ID cards as well as press releases, public service announcements, toll..
free. Customer Care, etc,
sititor
s r
City of
Riverside, CA
This is not insurance.
'CSFY or
itilVL1i$If)
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The NLC Prescription Discount Card program is a member service of the National League of Cities. Your city must
he a member of NLC in order to sponsor the program and offer the discount card to your residents, (Check hoe
to see if your city is 0 member.)
There is no cost for member cities to participate in the program, but interested cities must:
O Promote the program to the local media with mutually approved communications: Pre launch press
release, launch press release and PSAs.
o Promote the program through various city venues or communications to the residents using the standard
communication vehicles the city currently uses. All communications must be reviewed and approved by
NLC and CVS Caremark unless the city is using supplied communications.
• Provide city wide ID card distribution points to distribute the template ID card that will be printed with the
relevant city's seal. Stands will be provided to display the cards.
O Provide a link to the co- branded web site wwnv.caremark.com/nlc from the city web site, as this site
contains the program information and useful tools for city residents, including online enrollment with the
ability to print an ID card and use it immediately,
o Identify a person on the city staff to serve as the principal program contact with NLC and CVS Caremark
4/19 /2010
Page 72 of 80
NI.,C Prescription Discount Card Program j National League of Cities Page 2 of 2
If your city is interested In offering the NLC Prescription Discount Card to your residents, please fill out
the requested information below and click Submit. "Submitting this form does NOT enroll your city; a
CVS Caremark representative will contact you to initiate the sponsorship process.
Full Name:
Title:
City Requesting Sponsorship
Y q 9 P P
Mailing Address:
City, State and Zip Code:
Phone:
FAX:
Email Address:
http://www.nic.org/enterpriseprograms/rx_card.aspx
Submit Request
Platiorrai League of Cities
1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004
Phone:(202) 626 -3000 • Fax:(202) 626 -3043
info@nic.org • www.nic.org
Privacy Policy
Additional Program Information and Inffos for Resident
For more program information including frequently asked questions, participating pharrimicies, and useful tools for
city residents, including online enrollment with the ability to print an 11) card and use it immediately, click:
This is not insurance. Discounts are only available at participating pharmacies.l3y using this card, participants agree
to pay the entire prescription cost less any applicable discount. Savings may vary by drug and pharmacy.
The NLC Prescription Discount Card program is administered by CVS C.arernark, an
experienced discount card provider who has administered similar programs since 1992.
For questions about city sponsorship of the NLC Prescription Discount Card program,
please contact Marc Shapiro, Program Director, Enterprise Programs, NLC, (202) 626 -3019 or dial roiiSfins u3•q.
4/19/2010
Page 73 of 80
y our residents
an average of
20% off the retail
price of prescription
medication at no
cost to the city.
rescrip on ® iscoun ar
Be a member
of the
National League
of Cities
Frequently Asked Questions
Sign up for the
FREE
NLC prescription
discount card
program
Your residents
present the
discount card at a
local participatin
pharmacy
How much wilt residents save by using the discount card?
While savings on each prescription may vary, the NLC Prescription Discount Card Program saves an average
of 20 percent off of the pharmacy's regular retail prices. The savings are validated monthly and annually.
What if a pharmacy's price on particular prescription drugs is lower than the discount card price?
The program uses a "lower -of" pricing schedule so that residents are never disadvantaged by using the
discount card. On occasion, a participating pharmacy may have a lower price on particular prescription
drugs. if that occurs, residents will always pay the lowest price.
Who pays the cost of the discount?
Pharmacies in the national discount network agree to absorb the cost of the discount. The benefit to the
pharmacy of participating in the program is that it creates customer loyalty and increases store traffic.
Does NLC or CVS Caremark share the personal information of residents using the discount card?
CVS Caremark does not give or share personally identifiable health information to manufacturers or direct
marketers. CVS Caremark is fully compliant with all federal and state privacy and security regulations
pertaining to the protection of protected health information and has a robust compliance program which
monitors and enforces policy compliance. NLC neither receives nor shares personal information of residents.
Does NLC or any participating city receive revenue from the program?
Neither NLC nor any participating city receives revenue for sponsoring the discount card program.
Does the program provide a competitive advantage to CVS Pharmacies?
All major pharmacy chains and most local independent pharmacies, nearly 60,000 pharmacies nationwide,
participate in the discount card network. Residents are not encouraged or incentivized to use CVS
pharmacies over any other chain or independent pharmacy.
Can the discount card be used with other prescription insurance benefits?
The program is not insurance; it is a prescription discount program. The card
cannot be used to supplement insurance benefits. The card can be used for
prescriptions not covered by an insurance plan.
Program operated by CVS Caremark.
This is NOT insurance. Discounts are only available at any Darticioatina nharmacv.
NationalLaga. e Qf Cities
106-9003N110 10.09
rescrip ion` , iscoun ar • ® rogram
SA ht.
your residents
an average of
20% off the retail
price of prescription
p p p .
medication at no
cost to the city...
Be a member
of the
National League
of Cities
Sign up for the
FREE
NLC prescription
discount card
program
Do you want to [earn more about the program?
Please join NLC and CVS Caremark staff on one of the
following conference calls: qua
December 1st, 2009 and January 5th, 2010, at 1:00 p.m. Eastern Time
Conference call number 888- 276 -8685 - participant code 7569901.
Or contact Marc Shapiro at NLC (shapiro @nlc.org) or visit www.nlc.org.
Your residents
access the
program at a
local pharmac
New cities are implementing the program everyday! Jon the growing list of participating cities...
Alabama
Adamsville
Auburn
Bessemer
Birmingham
Brent
Brewton
Calera
Center Point
Clanton
Cullman
Daphne
Decatur
Demopolis
Evergreen
Fairfield
Fairhope
Gulf Shores
Helena
Homewood
Hueytown
Irondale
Madison
Midfield
Oak Grove
Opelika
Pelham
Pell City
Prattville
Rainbow City
Roanoke
Saraland
Springville
Sylacauga
Tuskegee
Wetumpka
Winfield
Arkansas
Fort Smith
Helena - West Helena
Hot Springs
Norphlet
North Little Rock
Pea Ridge
Texarkana
Wrightsville
Arizona
Avondale
Buckeye
Casa Grande
Coolidge
Fountain Hills
Goodyear
Lake Havasu City
Litchfield Park
Maricopa
Mesa
Oro Valley
Peoria
Sahuarita
Show Low
Tu cson
California
Artesia
Azusa
Baldwin Park
Bellflower
Brawley
Campbell
Canyon Lake
Cathedral City
Claremont
Culver City
Duart
Fontana
Fresno
Galt
Grand Terrace
Hercules
Lynwood
Monrovia
Mountain View
Murrieta
Parlier
Pleasanton
Rancho Cordova
Riverside
Rosemead
San Gabriel
San Jose
Signal Hill
South El Monte
West Hollywood
Colorado
Aurora
Blanca
Broomfield
Colorado Springs
Commerce City
Durango
Elizabeth
Frisco
Greenwood Village
Lakewood
Monte Vista
Northglenn
Poncha Springs
Superior
Thornton
Trinidad
Westminster
Wheat Ridge
Additional cities listed on reverse.
National P eat gue of C ities
Connecticut
Avon
Bloomfield
Bridgeport
Groton
Hartford
New Haven
New London
Delaware
Camden
Lewes
Milford
Florida
Belle Glade
Belle Isle
Coral Gables
Dania Beach
Gulfport
Hallandale each
Lauderdale Lakes
Miami Gardens
No. Miami Beach
North Port
Ocala
Orlando
Palm Bay
Palm Coast
Palmetto Bay
Riviera Beach
Seminole
South Miami
Tamarac
Valparaiso
Venice
West Palm Beach
Wilton Manors
Winter Garden
Winter Haven
Georgia
College Park
Columbus
Lovejoy
Norcross
Riverdale
Union City
Waycross
Idaho
Caldwell
Nampa
Rexburg
Illinois
Evanston
Evergreen Park
Hillside
Hoffman Estates
Kankakee
Normal
North Chicago
Schaumburg
Indiana
Bluffton
Iowa
Charles City
Des Moines
Urbandale
Kansas
Andover
Arkansas City
Atchison
Douglass
Lansing
Larned
Leavenworth
Merriam
Mission
Olathe
Ottawa
Prairie Village
Tonganoxie
Kentucky
Covington
Edgewood
Madisonville
Richmond
Louisiana
Crowley
Dequincy
Lake Charles
Mandeville
Maringouin
Port Allen
White Castle
Massachusetts
Somerville
Maryland
13e1 Air
Bladensburg
Bowie
Charlestown
College Park
Gaithersburg
Greenbelt
Laurel
Seat Pleasant
Maine
Augusta
Grand Isle
Saint Agatha
Michigan
Alma
Burton
Detroit
Farmington Hills
Fenton
Ferndale
Grand Blanc
Grosse Pointe Woods
Inkster
Monroe
Saline
Southfield
Troy
Wayne
Minnesota
Albert Lea
Blaine
Brooklyn Center
Moorhead
Robbinsdale
Missouri
Belton
Berkeley
Gladstone
Grandview
Liberty
Saint Peters
Mississippi
Greenwood
Grenada
Hattiesburg
Laurel
Yazoo
Montana
Kalispell
Nebraska
North Platte
New Jersey
Englewood
New Mexico
Artesia
Espanola
Taos Ski Valley
Tijeras
New York
Buffalo
Canandaigua
North Carolina
Charlotte
Durham
Gastonia
Greenville
Hendersonville
Jacksonville
Kernersville
Lenoir
Lumberton
Monroe
Mount Olive
New Bern
Oxford
Rocky Mount
Sanford
Shelby
Sylva
Tryon
Winston-Salem
Ohio
Akron
Bedford
Bedford Heights
Broadview Heights
Brunswick
Carlisle
Centerville
Clayton
Columbus
Gahanna
Huber Heights
Kettering
Lakewood
Lyndhurst
Maple Heights
Moraine
New Lebanon
Oakwood
Oberlin
Olmsted Falls
Oxford
Ravenna
Riverside
Trotwood
Walton Hills
Warrensville Heights
West Carrollton
Youngstown
Oklahoma
Ardmore
Broken Arrow
Claremore
Guymon
The Village
Oregon
Cottage Grove
Tigard
Tualatin
Pennsylvannia
Allentown
Easton
Middletown
State College
West Chester
Wilkes -Barre
York
South Carolina
Camden
Charleston
Columbia
Cottageville
Florence
Lexington
Tennessee
Athens
Benton
Covington
Columbia
Dresden
East Ridge
Martin
Memphis
Morristown
Oak Ridge
Texas
Beaumont
Decatur
Deer Park
Forest Hill
Garland
Jasper
Kingsville
Midlothian
Moulton
Orange
Plano
Port Arthur
San Marcos
Vernon
Utah
South Ogden City
Virginia
Bristol
Martinsville
Washington
Auburn
Puyallup
Union Gap
Wisconsin
Milwaukee
West Virginia
Clarksburg
Lewisburg
Parkersburg
Wyoming
Gillette
Jackson
This is NOT insurance. Discounts are only
available at participating pharmacies.
Operated by CVS Caremark ?age 76 of 80
rrl ')nno rvc r.,' r rU £ I rinhrc rncorvorl 1 f1(_Q11nz nu rig in no
Meeting Date: Ap it 20i0
Time Required: Minutes
Agenda Item Title: Authorize the Creation oa`.T Public Works ' ` :nmpctr aT,ySeasonal Util t ? PO4ition _.
Agenda Placement: New Basin e.
Originating Depar `tor®� t 'c o zt or, i .cixn.inist _ or
Requester's Signature
Action Requested. _____ - ielow
Batik r ourgdJJustificat ° 1. (M e use indic to if any -previous action has been taken
r if ofle nblic bodies have advise a
This request is for the .=authorization to proceed with creating and filling a l=ull - time, temporary Utility Worker for
the 2010 season. With the vacancy left on the crew by the promotion of Andy Kegley to Director, this
department has been shorthanded. The winter months have functioned at an acceptable level with the reduced
staff, but with the busy summer season approaching, an additional utility worker is needed. Including benefits,
taxes and PIRA, the total estimated cost for this temporary seasonal person is .4 $ 1 8,(500.
One negative aspect to note is that the City would additionally have some exposure on Unemployment benefits
should that person file such claim and could be an additional $4,000+/ -. However, by hiring this as a temporary
employee, the City will not add the cost of another full -time employee which can be • =1 -- $65,000 annually with all
benefits / costs included.
This temp, position was contemplated in the 2010 Budget -- see funding breakdown spreadsheets in attached
pages.
Oak Park Heights
Request for Council Action
Please see the enclosed surarnaty memo from Andy Kegley.
(3NTERESTINGLY,...ANDY KEGLEY STARTED WITH THE CITY IN THIS ROLE)
Position and authorize the Director of
to Sii.' tr ;: for candidates, perform interviews, background
Page 77 of 80
City of
Oak Park Heights
14168 Oak Park Blvd N.® Box 2007 f Oak Park Heights, MN 55082 ® Phone (651) 439- 4439 0 Fax 439 -0574
Memorandum
To: Eric Johnson, City Administrator
From: Andrew Kegley, Public Works Director
CC: Mayor and Council
Date: 4116110
Re: Public Works Temporary Seasonal Full Time Position
The City of Oak Park Heights Public Works Department is requesting approval to seek an
individual to assist with operational and maintenance tasks for the water, sewer, storm sewer,
streets, parks and other facilities. This position will have traditional hours Monday Friday
totaling forty (40) hours per week and also include a once per month on call and pump check
shift. The duration of employment for this position will not exceed six (6) months.
The individual hired to fill the position will. assist P.W. staff with day to day operations. A full
time staff position is funded for 2010; however in an effort to cut costs for the 2010 fiscal year
the Public Works Department will function with a temporary seasonal full time employee.
Please see the attached estimated cost breakdown spreadsheet for the position wages; the
estimated total excludes other costs associated with employment such as insurance etc.
Attachments:
Estimated Costs of Wages
Position Hiring Packet
TREE CITY U.S.A.
Page 78 of 80
Rate OT Pay Soc. Sec Medicare
6.20% 1.45%
Employee X $ 16.90 $ 25.35
June Regular 152 $ 2,568.80 $ 159.27 $ 2.31 $ 2,730.37
June OT 9 $ 228.15 $ 14.15 $ 0.21 $ 242.50
July Regular 176 $ 2,974.40 $ 184.41 $ 2.67 $ 3,161.49
July OT 9 $ 228.15 $ 14.15 $ 0.21 $ 242.50
Aug Regular 176 $ 2,974.40 $ 184.41 $ 2.67 $ 3,161.49
Aug OT 9 $ 228.15 $ 14.15 $ 0.21 $ 242.50
Sept Regular 176 $ 2,974.40 $ 184.41 $ 2.67 $ 3,161.49
Sept OT 9 $ 228.15 $ 14.15 $ 0.21 $ 242.50
Oct Regular 168 $ 2,839.20 $ 176.03 $ 2.55 $ 3,017.78
Oct OT 9 $ 228.15 $ 14.15 $ 0.21 $ 242.50
Nov Regular 40 $ 676.00 $ 41.91 $ 0.61 $ 718.52
Vac 26.64 $ 450.22 $ 27.91 $ 0.40 $ 478.53
Sick 32 $ 540.80 $ 33.53 $ 0.49 $ 574.82
Estimated Cost $ 17,642.17
Estimate if employee X uses all sick time $ 18,216.99
Estimated Work Comp Ins Cost $ 603.36
Including Work Comp Estimate $ 18,245.54
Using All Sick and Work Comp $ 18,820.35
Estimated Total Cost ( $ 18,500.00
These Totals Will be Distributed As Follows Streets 5% $ 925.00
Based on the estimated total cost Parks 40% $ 7,400.00
Water 30% $ 5,550.00
Sewer 20% $ 3,700.00
St. Sewer 5% $ 925.00
Page 79 of 80
This Paige Is Left Intentionally Blank.
Page 80 of 80