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09/20/1995 - City Council Special AGENDA SPECIAL CITY COUNCIL MEETING Wednesday September 20, 1995 5:00 p.m. Black Hawk Middle School L ROLL CALL & ADOPTION OF AGENDA IL VISITORS TO BE HEARD IIL COMMUNITY PARKLAND/UNISYS W. STREET SCAPE OPTIONS V. LIVABLE COMMUNITIES ACT VL REPLACEMENT TRANSIT SYSTEM'S MEMO VIL OTHER BUSINESS . VIIL ADJOURNMENT MEMO city of eagan • TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 15, 1995 SUBJECT: SPECIAL CITY COUNCIL MEETING WEDNESDAY, SEPTEMBER 20, 1995 A Special City Council meeting is scheduled for Wednesday, September 20, 1995 at 5:00 p.m. The purpose of the meeting is to consider the following agenda: • Community Parkland/Unisys • Street Scape Options • Livable Communities Act • Replacement Transit System's Memo COMMUNITY PARKLAND/UNISYS The Director of Community Development and Director of Parks & Recreation will share information that Brown & Associates have prepared regarding use of a portion of the Unisys property as community parkland. This information will be presented at the meeting on Wednesday. STREET SCAPE OPTIONS The Director of Community Development has discussed street scape options with the Advisory Planning Commission and the Advisory Parks, Recreation & Natural Resources Commission. An update will be provided at the City Council meeting on Wednesday. Enclosed on pages 3 through /3 is a copy of a memo from the consultant regarding this item. LIVABLE COMMUNITIES ACT • The Director of Community Development and City Administrator will update the City Council on a recent meeting they had with representatives of the Metropolitan Council at which time the City received its 1996-2010 housing goals and benchmarks for each of six measures across three categories, including affordable, life cycle and density. There are three possible situations for each measure: the index is lower than the benchmark range, • within the benchmark range or above the benchmark range. l • In each case, when an index is below the benchmark range, the City's action plan should set forth implementation activities that will help it move toward the benchmark. For example, if a city has multi-family housing density that is below the benchmark range, it should consider action such as increasing the density allowed in future development. Other examples, depending on the benchmark range, might be to review land use plans for future development to assure there is sufficient land for development of the types of housing thatNould keep the city within the range and so forth. Enclosed on pages through /1S is a copy of information provided by the Met Council that helps to ex ain further the Metropolitan Livable Communities Act and how it is intended to work as a partnership with metropolitan communities. The Met Council's timeline is adoption of a resolution by November 19, 1995 and an agreement between the City and Met Council by December 14, 1995. Enclosed on pages through L>7/ is a copy of a sample resolution and the draft housing goals agreement as presented by the Metropolitan Council. At the September 13 meeting of the Dakota County Managers group,which is chaired by the City Administrator, Gunnar lsberg, representing the Metropolitan Council, and Mark Ulfers, Dakota County HRA, were both present to discuss the concept of clustering. In • other words, can certain local government entities within Dakota County establish • individual city goals or possibly joint goals and develop a joint action plan? The Met Council is doing additional research on this possibility. REPLACEMENT TRANSIT SYSTEM'S MEMO Enclosed on pages through 3/ is a copy of a memo from the special Replacement Transit meeting held by the Minnesota Valley Transit Authority. /S/ Thomas L. Hedges City Administrator • ePIZ-370-1376 ' 09/08/95 10:47 $612 370 1378 BRW INC X002 B R MEMORANDUM DATE: September 7, 1995 B INC. • TO: Peggy Reichert, Community Development Director City of Eagan Planning Transportation FROM: Arijs Pakalns, AIA, AICP Engineering Urban Design RE:" Streetscape Enhancements Thresher square Eagan Central Area Framework Plan 700 Third Street So. Minneapolis, • MN 55415 612/370-0700 Fax 612/370-1378 The purpose of this memorandum is to summarize the objectives, issues/forces, and options regarding streetscape enhancements for the Eagan Central Area. Den°n This information is presented for discussion purposes in order to help clarify tilwaukee and establish the intent and scope of the proposed enhancement improvements ..Sinneapolis and to provide direction for a streetscape enhancement program. Orlando Phoenix Portland I. OVERVIEW AND OBJECTIVES • San Diego • Seattle • The first step in developing any project should be to clearly identify the project objectives. The City of Eagan, in order to develop and implement a City streetscape enhancement program, needs to have a clear idea of what the intent and purpose of the proposed enhancement program is and how extensive a program is the City willing to support. The options for an enhancement program could range from a) a relatively simple streetscape.landscaping program for enhancing the appearance of the central area to b) dramatic theme treatments, including focal structures or elements. The type of program selected could have significant impacts on: • community image • community reactions • • • • 09/08/95 10:48 e612 370 1378 BRW INC __ gL003 Peggy Reichert September 7, 1995 Page 2 • • capital expenditures • right-of-way needs • • maintenance requirements A. BACKGROUND The basic issue facing the City of Eagan is that the City has neither a downtown nor a clearly identifiable focal area or center for the community. The closest area which could serve as the Central Area of Eagan is the four-quadrant district around the Yankee Doodle Road and Pilot Knob Road intersection. The City, as represented by its City Council Downtown Committee, the Central Area Framework Task Force, and City staff, has conducted, over the last year, a relatively intense program of trying to identify the physical components which would help define the Central Area of Eagan. The most recent efforts to create a special city center, focused on the development'of a joint City and commercial retail complex on the O'Neil property. This effort, to create a public/private complex, was not successful and the City has chosen to withdraw from this project and to focus its efforts to create a City public complex elsewhere, possibly in the northeast quadrant of the Yankee Doodle Road and Pilot Knob Road intersection, or someplace else in the City. The change in direction, regarding the City participation on the O'Neil property project, raises the following questions: Is the concept of developing a special central area around the Yankee Doodle Road and Pilot Knob Road intersection still applicable and desirable? If it is, then what other elements, components, or programs could be utilized to help create or reinforce the sense of a central area for the community? If the answer to the first question is yes, then a special streetscape enhancement program could be the answer. Related questions to the ones listed above are: • Does a facility or structure, such as a major building or focal feature, need to be part of the program to create the sense of a city center? ol& J(YJ 1J(o 09/08/95 10:48 $612 370 1378 BRW INC qt 004 Peggy Reichert September 7, 1995 Page 3 • How extensive and/or elaborate would the special theme elements have to be to make an impact? • Should the special theme elements developed for the Central Area relate to other treatments already existing in the City? • Should the special treatments developed for the Central Area be applicable in other areas of the City, such as at major City public facilities and/or City entries? B. OBJECTIVES In developing objectives for the streetscape enhancement program, the City needs to consider what type of treatments would be appropriate for the City and what kind of a theme would fit the community. The City of Eagan evolved from a natural setting which consisted of rolling hills covered with forests and prairie, interspersed with farmland. Much of the City still retains some of these characteristics and the general image of the City is one of rolling terrain and green vegetation. This could be the basis for establishing streetscaping enhancement objectives which reflect these "green" and "natural" characteristics. • On the other hand, the City may choose to select a different, new theme, one which reflects future aspirations, action, and excitement. Streetscape enhancements for this type of a theme would be dramatically different from the first one and might include special custom-designed elements made of unique and distinct materials with colorful highlights. The first step in the streetscape enhancement design process should be to clearly define the objectives the City would like to accomplish. Objectives for the streetscape enhancement program should reflect the needs and desires of the community. Currently, there does not appear to exist a clear definition of the objectives that Eagan would like to achieve with the streetscape enhancement program. In the absence of such objectives, following are three potential streetscape • enhancement scenarios: 09/08/95 10:49 $612 370 1378 BRW INC I-0005 Peggy Reichert September 7, 1995 Page 4 1. Scenario A: Private Sector Enhancement Program One option the City has is to forego a City enhancement program and to rely solely on the private sector to provide landscaping enhancements in the central area. 2. Scenario B: Public Sector Basic or Minimal Approach The Streetscape Enhancement Program should: a. Help improve the overall appearance of the Eagan Central Area. b. Be implemented within the existing right-of-way. c. Be designed to require a minimum amount of capital expenditures and maintenance. 3. Scenario C: Public Sector Optimum Approach The Streetscape Enhancement Program should: a. Help create a distinct and unique image for the Eagan Central Area. b.; Be part of a comprehensive city-wide image and identity program. c. Be designed to be applicable at various City public facilities to provide theme treatment continuity throughout the City. d.' Be flexible and have the ability to be implemented in stages. Scenario A could reinforce the "green" theme, however, it might be difficult to accomplish, might be inconsistent, and might not provide a strong and distinct image for the community. Scenario B, which represents the low end of the streetscape enhancement spectrum, implies that the City is looking for a minimum level of improvements at minimum cost. • • 09/08/95 10:49 $612 370 1378 BRW INC 006 Peggy Reichert September 7, 1995 Page 5 Scenario C, which represents the high end of the streetscape enhancement spectrum, implies that the City desires a more comprehensive program with a greater visual and emotional impact and that the City would be willing, if necessary, to do the following: • Accept higher capital costs. • Acquire additional right-of-way or negotiate easements, where needed, for enhancements. The additional right-of-way might be needed 11, for locating the special enhancement treatments or for sidewalk easements, in case the roadway does not have sufficient right-of-way to accommodate all facilities. • Assume greater upkeep and maintenance responsibilities -- either through hiring of additional in-house maintenance staff or by contracting out maintenance services. This may be especially true if custom light fixtures are selected, or if specialty items are used, which may have changeable components or elements which need to be repaired or replaced. The recommended streetscape enhancement program could also be a combination of the three scenarios described above. II. ISSUES/FORCES Following is a brief summary of the key issues/forces, which impact the development of streetscape enhancements: A. EXISTING ENVIRONMENT The existing environment around the Yankee Doodle Road and Pilot Knob Road intersection can be described as "open" and "expansive". It is designed, primarily, for automobile use with few provisions for bicyclists and pedestrian. The area contains vast expanses of pavement and virtually no streetscape or landscaping enhancements. Current plans call for widening the roadways — in • some cases to six lanes with turn lanes. • The sense of "openness" is further emphasized by parking lots which front the roadways and the large setbacks for the existing buildings. Additionally, the 09/08/95 10:50 $612 370 1378 BRW INC (Q.J007 • Peggy Reichert September 7, 1995 Page 6 relatively limited amount and small scale of the landscaping (due to the young age of most of the trees in the area) contribute to the "open" feeling. The only significant stands of large, mature trees are around the Fish Lake area, the Blue Cross/Blue Shield building, and on the O'Neil property. Some of the trees on the O'Neil property may be lost due to redevelopment. There is little color in the project area, since the only two materials within the right-of-way are the street pavement and the grassy boulevards. B. OVERHEAD UTILITIES Dakota Electric overhead utility lines are located along the north side of Yankee Doodle Road and along the east side of Pilot Knob Road, north of Yankee Doodle Road. The overhead utilities are a major impact on the overall visual appearance of the area and would be a significant impact on any streetscape enhancement program. C. LAND USE OPPORTUNITIES The transit park-and-ride site on the southeast corner of the intersection presents an opportunity to develop a special focal feature for the area. D. PRIVATE COMMERCIAL SIGNS Although the area is relatively free of signs, the few signs that are located in the area are large, single- or double-pylon signs. In addition, the proposed new development on the O'Neil property will have a number of large signs, as well as a focal-feature clock tower. The commercial signs will be a significant impact on any streetscape enhancement program. since, usually, unobstructed views of the signs is a key concern of the commercial property owners. E. EXISTING THEME ELEMENTS Eagan, as a.city, has very few clearly discernible theme treatments or elements. The only public theme elements are the low, brick monument signs used at the entrances to City facilities. Other theme elements in the project area are the private Town Center signs including the large tower sign at I-35E and the low monument signs around the Town Center development. ' 09/08/95 10:51 8`612 370 1378 _BRW INC 0008 Peggy Reichert September 7, 1995 Page 7 III. OPTIONS In developing options for streetscape enhancements or theme treatments, two things need to be considered: the components which could be utilized for the treatments and the selection and composition of the components. A. STREETSCAPE ENHANCEMENT COMPONENTS Streetscape enhancement components can range from very simple elements and treatments, such as colored concrete pavement, to very elaborate specialty items and treatments, such as fountains, large gateways, and focal features. The potential for richness and complexity of these elements depends upon the area where they are to be located and the capital budgets available. Usually, an urban pedestrian environment or setting is more suitable for a greater and richer variety of streetscape elements, since it requires street furniture items such as pedestrian scale lighting, benches, litter receptacles, and other specialty features. In a suburban, automobile-oriented setting there are fewer elements required and therefore fewer choices. Following is a brief outline of potential primary streetscape enhancement components: 1. Pavement Pavement choices can include various materials, colors, and textures. Use of elaborate pavement materials makes sense only yvhere they are seen close up and/or where they make a special impact. In the case of the Eagan Central Area, use of special pavement materials would not be a cost-effective use of resources. The one item that might be considered is colored concrete for medians. This could add large amounts of color and help give the area a distinct look at a reasonably low cost. 2. Street Trees Currently, Eagan does not have a policy of planting street trees in public rights-of-way. Adding street trees would definitely help enhance the image of the area. Street trees on busy roadways should be planted, • 09/08/95 10:51 13'612 370 1378 BRW INC a009 Peggy Reichert September 7, 1995 Page 8 as a minimum, in eight-foot wide boulevards. In addition to boulevard planting, street trees in the medians could help break up the large expanses of roadway pavement. This, however, may require a wider right-of-way, since medians for planting should be at least 12 feet wide. If street trees are used as streetscape enhancements for the Eagan Central Area, our recommendation would be to install them in unique patterns to create a special theme and to accommodated the local businesses, as much as possible. Planting the trees in irregularly spaced tight rows or groups would create a distinct pattern and would provide gaps between the groups of trees, which would offer views of the adjoining businesses and their signs. Using trees in irregular groups, instead of in regular patterns, would also minimize negative impacts due to driveway locations or the removal of diseased or dead trees. 3. General Landscaping In addition to street trees, shrubs and special features, such as flowers, could be used as enhancement treatments. Shrubs should be used selectively, for special emphasis only, since they can be relatively . expensive and since they make less of an impact, due to their small scale. • Flowers if used in large masses, could be very effective for emphasis and as highlights at key locations. Since the area is viewed primarily from vehicles, flowers should be installed in tilted or mounded beds for higher visibility. 4. Street Lights Street lights, by providing lighting at night, would create a safer environment and they would add a special emphasis to the Central Area. Street lights are highly visible streetscape elements and, if given a special shapes, colors, or design embellishments, could help establish a distinct theme for the Central Area. Key considerations in installing unique or custom-designed street lights ' are the capital cost and the upkeep and maintenance of the fixtures. This is also true of all specialty items and custom-designed elements, which will require extra care and consideration. /1D vic .)rn 1.5('b ' 09/08/95 10:52 $612 370 1378 BRW INC I j010 • Peggy Reichert September 7, 1995 Page 9 Special street light fixtures, as well as specialty items, should be considered only if the City or the local utility company is willing to assume the responsibility for installing and maintaining them. 5. Banners and/or Signs on Street Lights The street lights could also be used to support a banner or City sign/logo system. The banners could be used to identify the area, for seasonal displays, or to announce special events in the community. Although this is a relatively cost-effective way to install a banner or sign system, these types of applications, unless they are carefully designed and integrated with the light fixture design, tend to look tacked-on or temporary. The street lights, if properly outfitted with brackets and outlets, can also be utilized to support illuminated seasonal displays, such as special winter holiday lighting or other decorative treatments. 6. Separate Banner and/or Sign System A banner and/or sign system, instead of being applied to the street lights, could also be supported on special banner poles, or structures. This type of installation can have a greater impact than a light-pole supported system, since the banners and/or signs can be better customized and the banner poles can be grouped or tightly spaced for a more dramatic effect. However, this applidation would cost more than the light-supported banner and/or sign system. 7. Flags Another way to create a strong visual impact and draw attention to the Central Area would be to install a collection of the flags of the world. This type of installation would be colorful, it would have special interest to people who have travelled or are familiar with foreign countries, and it would be relatively easy to install and maintain. The drawbacks would be that the flags would require night lighting, they could create controversy over which flags are displayed or are not 09/08/95 10:53 $612 370 1378— J -BM'? INC tal011 Peggy Reichert September 7, 1995 Page 10 displayed, and it would not be as flexible and interesting, over time, as a banner systems. 8. Special Sign/Theme System • A special sign/theme system would be designed to provide a permanent, colorful design treatment incorporating a logo or "signature" for the Central Area and Eagan, in general. The special sign/theme treatments could, for example, be a series of poles supporting aluminum, banner-shaped forms, which could be painted bright colors and which could,contain messages, logos, or decorative treatments. This type of an installation could be varied in height and size, length, colors, and the message it contains, depending upon its location and relationship to the adjoining uses. This system could also be utilized to identify or provide colorful emphasis to gateway areas or entries to the City, as well as other City public facilities. This system could also include banner supports for seasonal or special events banners, or special announcements could be installed on additional aluminum "banners". 9. Special Monuments/Fences/Gateways These types of enhancement would consist of masonry or stone pilasters, and/or monuments with metal fence sections and/or symbolic gateway designs. These enhancements could be quite expensive and would require special easements or rights-of-way. Also, unless these enhancements are relatively large and extensive, they could be "overpowered" by the commercial monuments and signs. 10. Special Focal Feature A special focal feature could be constructed on the park-and-ride site, located in the northeast corner of Yankee Doodle Road and Pilot Knob Road, either as a separate element or as part of a redevelopment project. As a separate element, the focal feature could be a tower structure with a combination of some or all of the following: city logo; city name; message board; light display; or some other special treatments or effects. • b12 370 1378 09/08/95 10:53 12612 370 1378 BRW INC Cj012 Peggy Reichert September 7, 1995 Page 11 In combination with the redevelopment of the park-and-ride facility, the focal feature could be a tall component of the building with similar features as the free-standing structure and/or a fountain on the corner, which would be visible to motorists and which would be an amenity for the park-and-ride facility as well as any associated commercial developments. 11. Pedestrian Amenities Pedestrian-oriented elements could include benches, litter receptacles, and other pedestrian amenities. However, since there is relatively little pedestrian traffic in the area and it is not a desirable pedestrian environment, pedestrian-oriented amenities could appear out of place and artificial in this area. B. ENHANCEMENT OPTIONS The enhancement options could range from a simple, boulevard landscaping scheme to a composite of many or all of the components described above. The capital costs of the public streetscape enhancement program could range from as low as $20 for a simple boulevard landscaping theme to $200 or more for more elaborate treatments, per lineal foot of roadway. If the assumption were made that the streetscape enhancements will be installed on Yankee Doodle Road from Washington Drive on the west to Lexington Avenue on the east and on Pilot Knob Road from Chestridge Lane on the south to Norwest Court on the north, the total capital costs would range from $200,000 for the basic program to $2,000,000 for the more elaborate treatments.- The community needs to select a combination of the streetscape enhancement components which meet its needs, which it wants to see implemented, and which are within its budget limitations. The next steps in the design development process should be to establish the overall direction and identify objectives for the streetscape enhancement program. Following that, more detailed streetscape enhancement programs will • be prepared for evaluation. • .Z;411(1%k XIII :4k III 5go,rivritee/yeeried, LIVABLE COMMUNITIES QUESTIONS AND ANSWERS 1. What is the Metropolitan Livable Communities Act? The Metropolitan Livable Communities Act("Act")was enacted in June 1995 and is the Legislature's attempt to address various issues facing the seven-county metropolitan area. The Act establishes a • Metropolitan Livable Communities Fund which consists of three accounts: the Tax Base Revitalization • Account; the Livable Communities Demonstration Account; and the Local Housing Incentives Account. Metropolitan municipalities are not required to participate in the programs under the Act, but the Act provides incentives and funding to those municipalities that do participate. 2. What is the incentive to participate? The benefits are clear. Cities, towns and in some cases, counties have access to resources that will improve their communities and neighborhoods. In addition, the legislation puts local units of govern- ment in the driver's seat. Communities can not only choose whether to participate; they also have flexibility in determining how they're going to use the resources available. 3. What is the incentive to provide lower-cost housing in our community? Affordable housing is an investment in communities and their residents. It fulfills a commitment to young families, single people and older residents that they can find a home they can afford in the com- munity of their choice. 4. What are"affordable"housing and"life-cycle"housing? Housing is "affordable" if it costs no more than 30 percent of a family's income. For ownership hous- ing this income amount is 80 percent of median, an amount that in 1994 could afford a home costing / � approximately$115,000. For rental housing this income is 50 percent of median. In 1990 this was approximately$500 per month. "Life-cycle"housing refers to housing available for people at all stages of their lives, offering a choice and variety of housing types and cost to accommodate people's changing needs and preferences as their incomes and circumstances change. 5. What are the affordable and life-cycle housing opportunities amount? The Affordable and Life-Cycle Housing Opportunities Amount("ALHOA amount") is an amount, established by formula in the Act, that a participating municipality must spend to create affordable and life-cycle housing or to maintain existing affordable and life- cycle housing. A participating municipality's ALHOA amount is established each year 6. Does the ALHOA amount have to be a property tax levy? No. The ALHOA amount can be derived from a levy, or it can be derived from fundsfrom another source. Regardless of the source of funds for the municipality's ALHOA amount, a participating munici- pality that did not meet its negotiated affordable and life- cycle housing goals, and did not spend 85 percent of its ALHOA amount to create affordable and life- cycle housing opportunities in the previous year; must distribute the entire ALHOA amount to a local housing and redevelopment authority to create affordable and life-cycle.housing opportunities in the municipality, or to the Metropolitan Council for distribution through the Local Housing Incentives Program. • 7. If my municipality elects by November 15, 1995, to participate in the Local Housing Incen- tives Account Program,must the municipality spend an ALHOA amount in calendar year 1996? No. Because of various timing provisions in the Act, the ALHOA amount requirement does not apply until your municipality's election to participate in the Local Housing Incentives Account Program made by November 15, 1996,for calendar year 1997. 8. If my municipality elects to'participate in the Local Housing Incentives Account Program by November 15, 1995,but is unable to agree on housing goals with the Metropolitan Council, must the municipality participate in the program? • r No. A municipality is not participating in the Local Housing Incentives Account Program unless two conditions have been met: a. The municipality has elected to participate in the program;and • b. The Metropolitan Council and the municipality have negotiated and agreed on affordable and life-cycle housing goals for the municipality. If the municipality and the Metropolitan Council do not successfully negotiate housing goals, your municipality may not participate in the Local Housing Incentives Account Program. 9. Must my municipality participate in the Local Housing Incentives Account Program? No. Participation in the program is voluntary, but a municipality that does not participate may at some later time elect to participate in the program. However, a municipality which later elects to participate must establish that it has spent or agrees to spend on affordable and life-cycle housing an amount equivalent to what it would have spent on affordable and life-cycle housing had goals been established for the period in which the municipality was not participating. 10. If my municipality has,met its housing goals in the previous calendar year,may my munici- pality participate in the Local Housing Incentives Account Program? Yes. However, your municipality will not be eligible to receive grants from the Local Housing Incentives Account Program if it met its affordable and life-cycle housing goals. Your municipality still will be eligible for grants and loans under the Livable Communities Demonstration Account and Tax Base Revitalization Account programs. - 11. What if my municipality chooses not to participate in the Local Housing incentives Ac- count Program? Municipalities that elect not to participate in the Local Housing Incentives Account Program are not eligible to participate in the Tax Base Revitalization Account and Livable Communities Demonstration Account programs under the Act. The Metropolitan Council is required by the Act to take into account - your municipality's participation in the Local Housing Incentives Account Program when making discretionary funding decisions. In addition, your municipality will not be eligible to apply for funds . under the Department of Trade and Economic Development's polluted sites clean-up program if your /6 municipality is not participating in the Local Housing Incentives Account Program. 12. If my municipality elects to participate in the Local Housing Incentives Account Program, but does not have the capacity to create additional affordable and life- cycle housing opportunities, can my municipality give its ALHOA amounts to other municipalities to meet negotiated housing goals? Yes. A municipality that has negotiated housing goals,but might not have adequate resources to create or maintain affordable and life-cycle housing opportunities still could be considered a participating mu- nicipality. However,the municipality would be required to distribute its ALHOA amount to the Metro- politan Council for distribution to other participating municipalities or distribute its ALHOA amount to a local housing and redevelopment authority for creating affordable and life-cycle housing opportunities within the municipality.The Act permits municipalities to enter into agreements with adjacent municipali- ties to cooperatively provide affordable and life-cycle housing. The Metropolitan Council will work with municipalities to help municipalities create affordable and life-cycle housing opportunities and avail themselves of the incentives and funding available under the Act and from other sources. 13. If my municipality is using local resources to make payments on a mortgage for an afford- , • able or life-cycle housing opportunity created prior to the Act, can these resources count toward expenditures of the municipality's ALHOA amount? Yes. As long as the use of the funds is directly related to your municipality's efforts to meet its afford- • able and life-cycle housing goals, these local resources can be considered an expenditure of ALHOA amounts. 14. Are the goals for affordable and life-cycle housing,as proposed by the Metropolitan Coun- cil,achievable? The goals proposed by the Metropolitan Council are intended to be "long-term" goals. Your munici- pality will establish an action plan that identifies the steps your municipality intends to take to move toward its long-range goals. Beginning in 1998, your municipality's annual progress in meeting its negotiated affordable and life-cyclehousing goals will be measured against•the-annual goals your municipality sets forth its action plan. Progress toward the goals will depend on private marketplace • efforts, the availability of affordable and life-cycle housing resources and the use of local controls to create an environment to meet goals. . i7 • 15. Do the Metropolitan Council and a municipality negotiate and set housing goals annually? No. The Act envisions negotiated housing goals as a one-time process. That is why the goals are long term in nature. The Metropolitan Council will propose affordable and life-cycle housing goals that encourage your municipality to address key housing benchmarks. • 16. After the Metropolitan Council and a municipality negotiate and set affordable and life- cycle housing goals for the municipality,what happens next? The municipality must prepare an action plan that describes how it intends to meet its negotiated goals. The municipality has until June 30, 1996, to submit the action plan to the Metropolitan Council. 17. Does the Metropolitan Council have to approve the action plan? The Act does not require the Metropolitan Council to approve a municipality's action plan. However, the Metropolitan Council will comment on the plan's content in relation to the negotiated goals that have been established, and it will attempt to identify potential resources available to the municipality to help the municipality meet its negotiated affordable and life-cycle housing goals. 18. What should the action plan look like? The suggested format will be modeled after the one used for the housing element of your comprehensive plan. lU IA Q; —_ .a :- �V RESOLUTION NO. °� • RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 WHEREAS,the Metropolitan Livable Communities Act(1995 Minnesota Laws Chapter 255)establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121;and WHEREAS,the Metropolitan Livable Communities Fund,comprising the Tax Base Revitalization Account,the Livable Communities Demonstration Account and the Local Housing Incentives Account,is intended to provide certain funding and other assistance to metropolitan area municipalities;and WHEREAS;a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup finding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254;and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each munici- pality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide;and WHEREAS,by June 30,1996,each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals;and WHEREAS,the Metropolitan Council must adopt,by resolution after a public hearing,the negotiated affordable and life- cycle housing goals for each municipality by January 15, 1996;and WHEREAS,a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Pro- gram must do so by November 15 of each year and • WHEREAS,for calendar year 1996,a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if:(a)the municipality elects to participate in the Local Housing Incentives Account Program by November 15,1995;(b)the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality;and(c)by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; NOW,THEREFORE,BE IT RESOLVED THAT the[specific municipality] hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. • By: By: Mayor Clerk /9 DRAFT HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Eagan supports: 1. A balanced housing supply,with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. • 3. A variety of housing types for people in all stages of the life-cycle. • 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. • GOALS To carry out the above housing principles, the City of Eagan agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. II CITY INDEX II BENCHMARK I I GOAL I . Affordability Ownership 62% 69-70% ►►' , Rental 22% 35-40% Life-Cycle Type(Non-single family 46% 35-38% detached) Owner/renter Mix 66/34% (72-75) / (25-28)% Density W ` Single-Family Detached 1.8/acre 1.9-2.1/acre Multifamily 9/acre 10/acre COC"S To achieve the above goals, the City of Eagan elects to participate in the Metropolitan s e Livable Communities Act Local Housing Incentives Program, and will prepare and submit ' �,os5 I a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to * - carry out the above goals. CERTIFICATION Mayor O Date c>? Affordable and Life-Cycle Housing Opportunities Amount For Eagan Your ALHOA Amount for: Eagan 1996 SO Not required 1997 (Estimate) S97,063 • 09/15/95 15:16 MESSERLI KRA ER 4 61 681 4612 NJ.277 Del OPT•OUT COMMUNITY MEE'T'ING AUGUST 23, 1995 EDEN PRAIRIE COMMUNITY CENTER HERITAGE II ROOM AGENDA L WELCOME AND INTRODUCTIONS • Patricia Pidcock, Acting-Mayor of Eden Prairie • Willis Branning, Mayor of Apple Valley IL DISCUSSION ITEMS A. Coalition of Opt-Out Communities 1. Purpose of Coalition • Counteract the political imbalance in transit funding and representation between the core transit service and the suburban transit service. • Develop a representative and an influential voice for suburban • transit at the Legislature. 2. Organizational Structure of Coalition • Joint Powers Agreement Membership • Board of Directors • Operating Committee • Legislative Committee • B. 1986 Legislative Tone and Agenda 1. "May" to "Shall" 2. Opt-Outs retain 1409'0 of the carry over funds 8. Include capital expenditures in the definition of "operating expenses" 4. Metro-Mobility 5. Joint agreement between Opt-Out and Met Council vs. contract 6. Include legislative representation in the • definition of"operating expenses" 7, Develop position on the DOT becoming the new transit governing agency 8. Opt-Out communities levy transit taxes 9. Overall tone of legislative activity C. New Name for Opt-Outs (e.g. Suburban Transit ' Providers) D. Burnsville Transit Hub Update - Grand Opening III. ADJOURNMENT R■95% 228 9787 09 715-95 03:04PM P002 #22 09/15/95 15:17 MEMERLI PER 4 612 691 4612 NO.277 003 DRAFT September 80, 1995 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY_STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement . providing, in essence, for the development of programs on matters of mutual concern and • interests, ARTICLE 1, GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities or transit commissions or associations previously created by a joint powers agreement to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. . The organization formed pursuant to this Agreement will be funded by member municipalities' contributions, as herein specified, with contributions being used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the Suburban TrA»F;t Association to carry out the objectives of this Agreement. c)3 R-95% 228 9787 09-15-95 03:04PM P003 #22 03/15/95 15:17 MESSERLI KR fER -+ 612 681 4612 NO.277 D04 • ARTICLE S. DEFINITION OF TERMS For the purpose of this Agreement,the terms defined in this Article shall have the meanings given them by this Article. 3.1) 'Board" means the governing body of the Association. 3.2) "Association" means the organization created pursuant to this Agreement. 8,3) "Authority' means the governing body of a Party. 8.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 8,5) "Party"means a municipality or transit commission or association previously created by a joint powers agreement which has entered into this Agreement. 3.6) "Associate Member" means an organization or municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. • ARTICLE 4. ADDITIONAL PARTIES Any other organization or municipality may become a Party or Associate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution,with the Association Chair. This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1995, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE ASSOCIATION 6.1) The powers and duties of the Association shall include the powers set forth in this article. • 2 R-95% 228 9787 09-15-95 03: 04PM P004 #22 • 09/15/95 15:16 MESSERLI KRAMER 4 61 681 4612 NO.2?? D05 6.2) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) It may take such action as it deems necessary and appropriate to accomplish the general purposes of this organization. 6.4) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein,such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Association. 6.5) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.6) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. • 6.7) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.8) It may contract with any of the Parties or others to provide space, services, or materials on its behalf, Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6,10) It shall cause an annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties. Its books and records shall be available for and open to the evi mtnation by the Parties at all reasonable times. It shall establish the annual budget for the Association.as provided in this Agreement. 6,11) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine, S • ng R-96% 228 9787 09-15-95 03:04PM P005 #22 09/15/95 15:18 tlaaFLI KRAMER 4 612 681 4612 N7.277 C66 • 8.12) It may exercise any other power necessary and incidental to the implementation of its powers and duties. ARTICLE 7, BOARD OF MEMBERS 7.1) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member. Each Board Member shall have one(1)vote. The Authority of each Party shall appoint its one (1) Board Member, who shall be an active Council or Authority member. Board Members shall serve without compensation from the Association. 7.2) Proxy voting by a Board Member's designee shall be permitted.. 7.8) Each Board Member shall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Association. 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.6) A vacancy on the Board shall be filled by the Authority of the Party whose position on the Board is vacant. ARTICLE S MEETINGS 8.1) The Association shall meet at least semi-annually and shall hold an annual organizational meeting in October. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings, Such Bylaws may be amended from time to time, 4 R■95% 228 9787 09-15-95 03: 04PM P006 #22 09/15/95 l 15:19 t'ES-I KRAM R -f 612 691 4612 W.277 D07 • 8.3) Special meetings of the Board may be called (a) by the Chair or(b) by the Board upon written request of the majority of the Board Members. Three (3) days'written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at least seven C7)days in advance and the agenda for such meetings shall accompany the notice. • However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS • 9.1) Number, Election, Qualifications -The officers of the Association shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disquRli;cation, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December$1 of that year. All officers shall be Board Members, New officers shall take office at the adjournment of the annual meeting of the Association at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year, 9,2) Designation -Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board,to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Secretary/Treasnrer. The acceptance of a resignation shall not be necessary to make it effective. 5 • C R-95% 228 9787 . 09-15-95 03:04PM P007 #22' 09/15/95 15:19 MESSERLI 14 'ER -► 612 681 4612 NO.2?7 COS r . • 918) Removal -Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 9.4) Vacancies -A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Chair;Vice Chair • The Chair shall preside at all meetings of'the Association and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Association. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Association. Orders, checks, and drafts of the Association shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The • Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members, Any persons may be engaged to perform such services under the • Secretary/Treasurer's supervision and direction,when authorised by the Association, 9.7) Other officers - The Association may appoint such other officers as it deems necessary. All such officers shall be Board Members. 9.8) Committees - The Association may appoint such committees as it deems necessary or desirable to accomplish its purposes. 6 • g R•95% 228 9787 09-15-95 03: 04PM P008 #22. 09/15/95 15:20 tEFEEFLI KRAMER -► 612 681 4612 N3.277 D09 ARTICLE 10. FINANCIAL MATTERS 10.1) Association funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities, Legal instruments shall be executed with authority of the Board, by any two (2)officers, 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its anima/ meeting not to exceed$.20 per capita by October 15 of each year based upon the most recent Metropolitan Council population estimates, however, no individual municipality shall contribute more than $8,000.00 per year. . The financial contributions of Associate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board The Board may authorize changes in the per capita charge and the maximum for all members upon majority vote. • 10.3) A proposed budget shall be formulated by the Board and submitted to the Parties on or before August 1 of each calendar year. Such budget shall be deemed approved by a Party unless, prior to September 15 of the year involved, the Party gives notice in writing to the Board that it • is withdrawing from the Association. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before the October organizational meeting each year. 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 11 WITHDRAWAL 11.1) Withdrawal-Any Party or Associate Member may withdraw from this Agreement effective on October 1 of any year by giving notice pursuant to Section 2 of this Article prior to July 15 of the preceding year, 7 R-95% 228 9787 09-15-95 03:04PM P009 #22 • 09/15/95 15:20 i*E566F _I KRA ER -► 612 691 4612 ND.277 D10 11.2) Notice - In order to effectuate a withdrawal, a Party or Associate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair,or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or Associate Member that withdraws,from this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. ARTICLE 12 AMENDMENTS 12.1) Amendments -This Agreement may be amended by a vote of two-thirds (2/3) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice of the meeting and the proposed amendment is provided in • writing to all.Board Members at least seven (7) days in advance of the meeting. • ARTICLE 18. DISSOLUTION 13.1) Duration of Association- The Association shall be dissolved if less than two (2)Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. • 8 3o R■9536 228 9787 09-15-95 03:04PM P010 #22 09.'15/95 15:21 MCI KRAMER -+ 612 661 4612 4127? D11 t i 18.2) Distribution of Assets -Upon dissolution of the Association, all remaining assets of the Association, after payment of all obligations, shall be distributed among the Parties that • are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Association. The Association shall continue to exist after dissolution for such period,no longer than six(6)months, as is necessary to wind up its affairs, but for no other s purposes. IN WITNESS WHEREOF, The municipality or transit commission or association created by - a Joint Powers Agreement of has caused the Agreement to be signed on its behalf this day of__ __- . , 19 . By: By: - , ru: 2_13Yav • 9 57 • 228 9787 09-15-95 03:04PM P011 #22