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10/19/1993 - City Council Regular t AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 19, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) ` A. POLICE DEPARTMENT ed 1. Disposition of Property/Theft Case B. FINANCE DEPARTMENT $ 1. Suspension of Tobacco License/Cedar Cliff Amoco P ' IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS rifp B. LICENSES, Plumbers 1 C. 1993 General Fund Budget Adjustments ,� IMPLEMENTATION Grant Application for Schwanz Lake Water Quality Improvement Project ,'�, E. LICENSE, Tree Maintenance Contractor 1P''32G.2 F. RESOLUTION, Unfunded Mandates Day, October 27, 1993 p,, EXTENSION to Record Final Plat, Whispering Woods Ninth Addition P' 3('H. PROJECT 638, Agreement with Dakota County for Preliminary Engineering and Right-of-Way P' Acquisition (Yankee Doodle Road - County Road 28) Q,3(.I. CONTRACT 92-13, Authorize Final Payment/City Maintenance (Aldrin Drive & Carlson Lake - Streets & Utilities) 00J. RECOMMENDATION, Airport Relations Committee, MAC 1993-2000 Capital Improvements P. Program K. FINAL PLAT, The Woodlands Fourth Addition P. L. AGREEMENT, 1994 South Metro Drug Task Force Joint Powers S. M. RATIFY Planned Development Agreement, Rahncliff 3rd Addition (Holiday Inn Express) • V. 7:00 - PUBLIC HEARINGS (SALMON) p ,(A 1 A. PROJECT 635, Final Assessment Hearing, Lakeview Trails Addition & Dodd Road - Trunk Y Watermain Only ,(a9 B. PROJECT 641, Final Assessment Hearing, Wenzel Addition - Streets & Utilities ,011 C. PROJECT 639, Final Assessment Hearing, Aldrin Drive - Streets & Utilities ..45D. PROJECT 654, Final Assessment Hearing, Cedar Grove #5 - Streetlights) '�5E. PROJECT 651, Final Assessment Hearing, Cedar Grove #6 & #9 - Streetlights) '� F. PROJECT 609, Final Assessment Hearing, Cliff Road & Rahncliff Road - Streets & Utilities) G. VACATE Drainage & Utility Easement, Lots 23 & 24, Block 1, Lakeview Trail Addition e'4 H. VACATE Drainage & Utility Easement, Lot 2, Block 2, Rahncliff 3rd Addition 8 I. VACATE Public Right of Way, Birch Street & Trails End Road 1 . l 1 VI. OLD BUSINESS (ORCHID) A. PROPOSED Ordinance Amendment, Chapter 10, Sec 10.10, Dangerous Weapons & Articles P' (Splatball Indoor) P,(O I B. CONDITIONAL USE PERMIT, Splatball Indoor, to allow an indoor recreational use in a CSC (Community Shopping Center) district on Parcels 050-04 and 060-04 located in the NE 1/4 of Sec 19 between Cedarvale Boulevard and Beau D'Rue Drive 64(C2 C. AMEND Final Plat Condition, Lexington Pointe 8th and 9th Additions (Request to Continue Indefinitely) t31 D. DETERMINATION of Similar Use for Group Home, Lot 5, Meadowview Addition, located along P. the south side of Meadow View Road in the NE 1/4 of Sec 8 1 1.y ( E. RATIFICATION, APRNRC Recommendation, Autumn Ridge 4th Addition Condition, Crimson Leaf Trail Sidewalk Requirement VII. NEW BUSINESS (TAN) p . , A. CONSIDERATION, City Code Amendment, On-Sale Liquor Licenses r .3 B. MODIFICATION, Site Plan for Town Centre 70-Fifteenth Addition P.(i / C. VARIANCE, Don Christensen, of 19.5 feet to the required 50' setback off Pilot Knob Road, located on Lot 4, Block 1, Buffer Hills in the SW 1/4 of Sec 15 5(f D. PRELIMINARY PLAT, Norwest 3rd Addition/EPP Properties, consisting of one lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned ft' Development, and a VARIANCE to the City Code on-site parking requirement, located along the east side of Norwest Court, west of I-35E in the SE 1/4 of Section 10 F. (7((-E. COMPREHENSIVE GUIDE PLAN AMENDMENT, Kerr Addition/Shea Architects, changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) and a REZONING from GB (General Business) to a Planned Development District, and a PRELIMINARY PLAT consisting of four lots located along the east side of Pilot Knob Road, south of Marice Drive in the SW 1/4 of Sec 10 VIII ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) (f)4106 A. RECOMMENDATIONS, 1994 AMM Legislative Policy Program R. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1993 SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 19, 1993 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the October 19, 1993 City Council agenda, the regular meeting minutes for the October 5, 1993 City Council meeting and special meeting minutes for September 29, 1993, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS STOLEN PROPERTY DISPOSITION A. Police Department Item 1. Disposition of Property/Theft Case--Enclosed on pages through 7 is a memorandum covering the outcome of a multi-jurisdictional police investigation which resulted in the recovery of stolen office and computer equipment as well as the seizure of two vehicles. The disposition of this case requires that the equipment be sold to pay restitution to the victims of the thefts. A methodology to dispose of the equipment is outlined in the memo. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) the sale of computer and office equipment by a public sale to be conducted by Jeff Hall and Bonnie Jones in exchange for 25% of the proceeds, 2) that one of the vehicles be sold at public auction to the highest bidder and 3) that the other vehicle be sold by advertised sale at a fair market value. police department `r =r PATRICK GEAGAN Chief of Police r ..; is;‘" RICHARD SWANSON 4 ._ Captain Administration&Investigation city of eogon JAMES SEWAID Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612)681-4700 TDD:(612)454-8535 PATRICIA AWADA FAX:(612)681-4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members October 12 , 1993 THOMAS HEDGES City Administrator TO: TOM HEDGES, CITY ADMINISTRATOR E.J.VAN OVERBEKE City Clerk FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: THEFT CASE PROPERTY In November, 1992, a multi-jurisdictional investigation which the Eagan Police Department was involved in, resulted in the recovery of nearly $500, 000 worth of stolen, assorted office equipment, and the seizure of a 1991 Chevrolet Suburban and a 1993 Chevrolet Corvette. A Burnsville and an Eagan resident have plead guilty for the possession of the stolen property relevant to this case. Much of the recovered property has been returned to the victims, however there still remains approximately 45 MacIntosh Computers, 9 printers, 18 computer monitors, 5 computer scanners, 47 keyboards, 6 fax machines, 3 copy machines (all of various models) and more, still in the possession of the Eagan Police Department. The Eagan Police Department has been ordered by Dakota County District Court to sell the remaining property and after the Police Department deducts expenses associated with the sale, any proceeds have been ordered to be delivered to the District Court to be applied to the respective defendant's restitution/civil judgement requirements. Officers have consulted with Mr. Jeff Hall, Account Manager for Hagen Computers, and Ms. Bonnie Jones, owner of Corporate Courtesies, Inc. and a victim of a computer theft. Both Mr. Hall and Ms. Jones have volunteered numerous hours assisting in the inventorying of each computer's capabilities and memory banks. They also made sure the computers are in proper working condition and that the necessary software is deleted which would require a license for the Police Department to sell. The assistance rendered by Mr. Hall and Ms. Jones was very crucial in identifying and then labeling the computers in a timely manner, because knowledge of Apple/MacIntosh computers is lacking among Police Department personnel who utilize IBM products. THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer r THEFT CASE Page 2 The following is an explanation of two options for the sale of this property: Eagan City Code states, "the sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the City Council" . Option I. The Dakota County Attorney's Office has advised that this sale can be conducted in any manner deemed appropriate by the Police Department. They have recommended disposing the property by means of a "sealed lot bid" . I believe this type sale would severely limit the number of people who would be interested in purchasing the property. Because of the numerous fax machines, copy machines, scanners, printers, etc. , I believe the only persons who would be interested in placing a lot bid would be those who would resell the items individually for profit. Mr. Hall and Ms. Jones have estimated that a lot bid process would bring approximately $10, 000 - $12,000 while a direct sale would bring approximately $30, 000, thus the end result would benefit the victims of the computer thefts in the form of more restitution. Option II. Mr. Hall and Ms. Jones have advised that having a direct sale would be most profitable to the victims. Mr. Hall has the expertise to price the items to get a fair cash value and also to sell all the items throughout a one day sale. Mr. Hall and Ms. Jones have offered to conduct the sale with Police Supervision for a fee of 25% of the sale profits. Officers have spoken to other such "middlemen" who also conduct such sales for 25% of the sale. I recommend the assorted office equipment be disposed of in the following manner after the required public notice of sale is made. The property should be sold in "as is" condition at a price recommended by Mr. Hall and Ms. Jones, and after deducted expenses incurred by the Eagan Police Department preparing for the sale, 25% of the proceeds shall be split by Mr. Hall and Ms. Jones. Costs of other necessary assistance which Mr. Hall or Ms. Jones feel necessary (ie. cashier) shall also be taken out of this 25% of the proceeds. I believe that such a payment plan will bring a fair price for the items, as the higher Mr. Hall prices these items, the more he makes via their commission. This would also express our appreciation for the more than 24 hours of assistance that has already been volunteered by Mr. Hall and Ms. Jones. I recommend the sale be held on the earliest Saturday which is convenient to those involved with the sale. I ask that the City Council waive its requirement (per Ordinance #2.70, Subd. 2C) to post a public notice at least three weeks prior to the sale. Investigators have attempted, for nearly one year, to return the THEFT CASE Page 3 property to its rightful owner, however, the remaining is either untraceable or it has been determined that no owners can be located. I would like to place a public notice at least one week prior to the sale. This will help facilitate the disposal of the property in a more timely manner, in both an attempt to sell the property prior to it declining further in value and also get money into the restitution accounts quicker than the courts have arranged for the victims. This case further involved the seizure of two vehicles; a 1991 Chevrolet Suburban and a 1993 Chevrolet Corvette, which are also to be sold by the Eagan Police Department and the proceeds, after deducting expenses (storage fees, sales commissions, etc. ) , are to go to pay restitution to the victims. A stipulation by District Court orders that the Eagan Police Department sell the 1991 Chevrolet Suburban at a public auction to the highest bidder. It further states that if restitution is not paid by October 1, 1993, the Eagan Police Department may sell defendant's 1993 Corvette to satisfy the restitution, but does not direct the Police Department in which manner to be used for the sale of the Corvette. Because of the high value on the 1993 Chevrolet Corvette, I believe the best way to sell it would be to advertise and sell it outright. I recommend that the City Council direct the Police Department to advertise the vehicle in the Twin City Auto Shopper, the Minneapolis Star and Tribune, the St. Paul Dispatch or any other manner deemed appropriate. I feel that an outright sale should be attempted for a period of one month. If the vehicle is not sold of a fair price between the listed "blue book" wholesale price and retail price, no less than three automobile dealerships shall be contacted, and it should be determined by the Police Department if the vehicle should be sold on a commission basis or outright to a dealership. One dealership has already been contacted and has offered to sell the vehicle at a 20% sales commission. Patrick J. Geagan Chief of Police PJG: lb Attachment L CF 92007167 PROPERTY LIST NUMBER EQUIPMENT MODEL # 1. COMPUTER SE30 2 . COMPUTER SE30 5/40 RAM 3 COMPUTER SE30 5/40 RAM 4 . COMPUTER MAC CLASSIC 4/40 RAM 5. COMPUTER MAC SE30 8/43 RAM 6. COMPUTER MAC SE WITH 2 FLOPPIES AND NO HARD DRIVE 7. COMPUTER EXTERNAL HARD DRIVE 8 . COMPUTER CLASSIC II 4/40 RAM 9 . COMPUTER MAC SE 2/20 RAM 10 . MONITOR APPLE 12" MONIFILM 11. COMPUTER MAC II ci 12 . COMPUTER MAC II ci 5-120 13 . MONITOR APPLE 13" RGB COLOR DISPLAY 14 . MONITOR APPLE 12" MONICROME 15 . MONITOR APPLE 13" RGB COLOR DISPLAY 16 . MONITOR APPLE PORTRAIT DISPLAY, BLACK AND WHITE 17 . MONITOR APPLE 13" RGB COLOR DISPLAY 18 . COMPUTER APPLE 40SC 19 . COMPUTER EXTERNAL HARD DRIVE 20 . COMPUTER MAC LC 6/40 RAM 21. COMPUTER MAC LC 10/40 22 . COMPUTER MAC II si 5/40 23 . COMPUTER MAC II si 17/80 24 . COMPUTER MAC II si 5/80 25 . COMPUTER MAC II ci 8/80 26 . COMPUTER MAC II ci 5/80 27 . COMPUTER MAC II ci 5/80 28 . COMPUTER MAC II ci 8/200 29 . COMPUTER MAC II 5 MEGABITES 30. COMPUTER APPLE CDSC (ROUND DRIVE) 31. COMPUTER MAC QUADRA 700 32 . COMPUTER EXTERNAL HARD DRIVE 310 MB's 33 . COMPUTER APPLE TAPE BACK UP 40 SC 34 . COMPUTER WESTERN DIGITAL-EXTERNAL 40 MB' s 35 . COMPUTER IBM PS/2 MOD 70/386 36. COMPUTER DATA PAK 88 37 . COMPUTER MAC DIRECT 44 MB REM. H. D. 38 . MODEM MULTITKEK 1200 BAND 39 . COMPUTER MIRROR 448MB REM. H.D. 40 . COMPUTER MASSMICRO DATA PAK 44 41 . COMPUTER EVEREX 60T TAPE BACK UP 42 . COMPUTER AST 386 5X/20 LAP TOP 43 . PRINTER FUJITSU RX7100PS-LASER PRINTER 44 . MODEM ATI 9600 BAND MODEM 45. SCANNER MICROTEK XRS 46. COMPUTER MASS MICRO 44 MB REM. H.D. 47 . COMPUTER DELL 320 N LAPTOP 48 . COMPUTER MASS MICRO 45 MB REM H.D. 49 . COMPUTER SANKYO - ST - 150X TAPE DRIVE 50. FAX RICOH - FAX 10 51. UNINTERRUPTED POWER SUPPLY 52 . FAX CANNON FAX 230 53 . FAX SHARP FO 300 FAX 54 . FAX LINE MANAGER 55 . FAX HITACHI - HIFAX 17 56 . SCANNER DATA COPY GS SCANNER 57 . COMPUTER EPSON PX-8 LAP TOP 58 . MODEM VERSA LINK ATX-300 MODEM , 59 . COMPUTER MASSMICRO 45 MC REM H.D. 60 . SCANNER ARCTIC SCANNER 6000C 61 . MONITOR RADIUS GDM 1950 20" TRINITRON 62 . MONITOR E-MACHINES GDM 1670 16" COLOR 63 . MONITOR GDM 1952 20" TRINITRON RGB 64 . MONITOR RADIUS-GDM 195020" TRINITRON REB 65 . MONITOR APPLE TPD MASOCHROME 20" MONITOR 66. MONITOR GDM 1602 E-MACHINES T-16 67 . PRINTER NEC SILENT WRITER 95 68 . PRINTER APPLE PERSONAL LASER WRITER NT 69 . PRINTER HEWLETT PACKWARD DESKWRITER 500C 70. COMPUTER MAC IISI 5/880 71. COMPUTER MAC IIFX 4/170 72 . COMPUTER MAX IIFX 32/120 73 . EMAC TRACKBALL 74 . SCANNER MICRO TEK COLOR SCANNER 300 ZS 75. PRINTER APPLE PERS . LASERWRITER NT 76 . MONITOR APPLE HIGH RESOLUTION COLOR 13" 77 . MONITOR GOLDSTAR GT3031 13" MONOCHROME 78 . MONITOR NEK MULTISYNE 2A 13" 79 . MONITOR IBM 8512-001 13" MONOCHROME 80 . MONITOR 9" APPLE 2C 81 . MONITOR MORROW MT70 12" MONITOR 82 . SCANNER SHARP JX320 COLOR SCANNER 83 . COPIER TOSHIBA BD 3910 COPIER 84 . COPIER CANNON NP 1215 COPIER 85 . COPIER SHARP F06000 LASER FAX 86 . COPIER CANNON NP 1010 COPIER 87 . TL777 MASTER POWER CONTROL 88 . BEC CP-55 MASTER POWER CONTROL 89 . CAT 19 MASTER CONTROL 90 . MODEM SHIVA NET MODEM V2900 91 . KEYBOARDS 18 APPLE EXTENDED KEYBOARDS 92 . KEYBOARDS 27 APPLE STANDARD KEYBOARDS 93 . KEYBOARDS 3 MISCE. KEYBOARDS 94 . PRINTER APPLE LASER IIG (....Q 95 . PRINTER APPLE LASER IIG 96 . PRINTER APPLE LASER IIF 97 . PRINTER HEWLETT PACKARD LASER JET III PS 98 . PRINTER HEWLETT PACKARD LASER JET III PS 99 . COMPUTER COMPAQ DESKPRO 386 SX 2/120 100. MONITOR COMPAQ MONITOR 101. COMPUTER TOSHIBA T5200 12/102 LAPTOP 102 . COMPUTER ATTACHE' 286 20MB HARDDRIVE LAPTOP Agenda Information Memo October 19, 1993 City Council Meeting CEDAR CLIFF AMOCO TOBACCO LICENSE SUSPENSION B. Finance Department Item 1. Suspension Tobacco License/Cedar Cliff Amoco--Enclosed without page number is an agreement between the City of Eagan and Robert Schlangen of Cedar Cliff Amoco at 4600 Slater Road concerning a suspension of that business' tobacco license for the month of November. This agreement was being reviewed by the City Attorney's office and staff and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an agreement between the City of Eagan and Robert Schlangen of Cedar Cliff Amoco regarding a suspension of the Cedar Cliff Amoco tobacco license as presented. Agenda Information Memo October 19, 1993 City Council Meeting CONSENT AGENDA There are thirteen (13) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: There are no personnel items at this time. Agenda Information Memo October 19, 1993 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a list of those contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. Lo PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. NS/I PLUMBING INC 2. WM F RIDLER PLUMBING & HEATING 3. ROBILLARD PLUMBING 4. RYAN PLUMBING For October 19, 1993 City Council meeting Agenda Information Memo October 19, 1993 City Council Meeting 1993 GENERAL FUND BUDGET ADJUSTMENTS C. 1993 General Fund Budget Adjustments—To simplify both the accounting and budgeting processes, the City currently makes no attempt to estimate donations, transfers from the Police Forfeiture Fund and similar types of revenue sources. The revenues and related expenditures are uncertain and fluctuate widely depending on eligible projects and donors. Staff has instituted a substitute process whereby the budget is formally amended by the City Council when revenues,qa known and related expenditures are made. The memo enclosed on pages a through . explains eight such adjustments. These adjustments increase the 1993 general fund budget by $7,300 from $12,485,400 to $12,492,700. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adjustments to the 1993 general fund budget. C �- M E M O R A N D U M DATE: October 7, 1993 TO: Gene VanOverbeke, Finance Director/City Clerk FROM: Tom Pepper, Assistant Finance Director SUBJECT: 1993 General Fund Budget Adjustments The following line item adjustments to the 1993 budget should be considered for approval by the City Council: Current Increase Amended Budget (Decrease) Budget 1) 3850-9001-00 Contribs/Donations $ -0- $ 200.00 $ 200. 00 4412-8002-02 Local Meetings 5,900.00 200.00 6, 100.00 This adjustment relates to donations received from the general public at the Maintenance Facility Open House on September 11. 2) 3850-9001-00 Contribs/Donations 200.00 2, 300. 00 2 ,500. 00 4420-0163-11 Operating Supplies -0- 2, 300. 00 2, 300. 00 This adjustment reflects the Eagan Lions Club donation to fund the Canoe Outreach program in the Police Department. 3) 4570-8031-31 Other Equipment -0- 1,800. 00 1,800. 00 4530-8031-31 Other Improvements 25,000.00 (1,800. 00) 23,200. 00 This adjustment represents a reallocation of Parks'capital outlay funds in order to purchase two communications radios for their 580D mowers. 4) 3850-9001-00 Contribs/Donations 2, 500.00 800.00 3, 300. 00 4530-8032-32 Other Improvements 8, 000.00 800. 00 8,800. 00 This adjustment relates to a donation from Lutheran Brotherhood towards the installation of landscaping at Ohmann and Thomas Lake Parks. (cont'd) l ]=2 October 7, 1993 1993 General Fund Adjustments Page 2 Current Increase Amended Budget (Decrease) Budget 5) 4310-8007-07 Professional Svces 20, 000.00 4, 000. 00 24,000. 00 4110-8007-07 Salaries & Wages 748,700.00 (4, 000.00) 744,700. 00 This adjustment represents funds allocated for a Cedarvale area traffic study to be paid for with savings resulting from not paying Community Development Director salary for a portion of 1993 . 6) 3340-9001-00 State Grants -0- 4, 000. 00 4, 000. 00 4530-8032-00 Other Improvements 8, 800. 00 4, 000. 00 12,800.00 This adjustment reflects the MN Releaf Grant received from the State in March for community reforestation. 7) 4130-8007-07 Salaries--Temporary 65,700.00 23, 300.00 89, 000.00 4317-8007-07 Building Inspections 23 , 300.00 (23, 300.00) -0- This adjustment reflects the change in status of the HVAC Inspector to employee. At the time the budget was prepared, the position was paid as an independent contractor. 8) 4157-0150-11 Retiree Insurance -0- 63, 300. 00 63, 300.00 4110-0150-11 Salaries--Regular 2,935, 000. 00 (63, 300.00) 2, 871,700.00 This adjustment sets up the appropriation to finance the City's contribution for health insurance premiums on the two police officers who retired during 1993 (Aszmann and Meszaros) . This is the estimated present value of the future payments. The money will be set aside at this time to be used in the future. * * * * * * * The net effect of these adjustments is to increase the total expenditures of the amerded 1993 General Fund budget by $7,300 from $12,485,400 to $12,492 ,' 00. Assistant (Finance Director \budadj93 i Agenda Information Memo October 19, 1993 City Council Meeting A ' V R I :_ _ b D. Implementation Grant Application for Schwanz Lake Water Quality Improvement Project—Background information relative to this item is included in the staff memor dum enclosed on pages .J through(0 for your review. Also enclosed on page the proposed resolution authorizing the referenced grant application. As noted in the memorandum,the purpose of this grant is to improve overall lake water quality for Schwanz Lake due to its relationship to one of Eagan's community parks and its maintenance as a fishery by the Department of Natural Resources. At its meeting of October 7, 1993, the Advisory Parks, Recreation and Natural Resources Commission recommended that the Council approve this application for submission to the Minnesota Pollution Control Agency. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution identifying project representative and authorizing a phase 2 clean water partnership application to the Minnesota Pollution Control Agency. • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DATE: OCTOBER 11, 1993 SUBJECT: APPROVAL TO RE-SUBMIT IMPLEMENTATION GRANT APPLICATION FOR SCHWANZ LAKE WATER QUALITY IMPROVEMENT PROJECT Background In February 1989, the City received a grant from the Minnesota Pollution Control Agency (PCA) to help finance a technical investigation aimed at determining the causes of poor water quality in Schwanz Lake in Trapp Farm Park and devising a plan to restore water quality in the lake to acceptable standards. In addition to being a potentially important aesthetic and recreational asset to a park that already receives over 20,000 visitors per year„ Schwanz Lake is also one of only three lakes in Eagan managed as a fishery by the Minnesota Department of Natural Resources. Schwanz Lake is identified as among the top four priorities for water quality enhancement in the Eagan Water Quality Management Plan, adopted by the Council in April, 1990. Between October 1990 and July 1992, City staff worked to develop a technically, financially, and socially acceptable plan to meet this objective. After several reviews by both the public and the Advisory Parks, Recreation, and Natural Resources Commission, that draft plan was submitted to the PCA for approval in July, 1992. The plan was approved by PCA in October, 1992. Re-submission of Project Implementation Grant Application, In addition to providing grants for development of a strategy to improve lake water quality, PCA's Clean Water Partnership Program also provides grants to defray up to 50% of the cost of implementing the approved recommendations in the plan. In October 1992, City staff submitted an application to the program for implementation phase funding for the Schwanz Lake project. Unfortunately, the project was ranked one position too low to receive a grant. This year, staff are proposing to re-submit the application, supplemented with additional information to build a case for a higher ranking score. The application must be submitted by October 29, 1993 and the City Council will need to approve the submission and to adopt the attached resolution prior to this date. PCA will make a decision on whether to fund the 1 • proposed project by February 1, 1994. The Advisory Parks, Recreation, and Natural Resources Commission adopted a resolution at its October 1993 meeting recommending that the Council authorize the submission of the grant application. A copy of the Project Summary, including the budget, is attached for the Council's review. The budget identifies a total project cost of$187,948.The maximum grant for which the City would be eligible is $93,974. The remaining $93,974 is a matching obligation, about 57% of which would be met as an in-kind contribution of City staff resources and equipment. The university Extension will provide some in-kind services for educational activities. Finally, the Gun Club Lake Watershed Management Organization will contribute $2,000 in cash toward one of the proposed capital improvements. The remaining cash obligation of $37,524 over the three year project term would be met through the use of water quality developer dedications and/or stormwater utility fee revenues. Council Action Requested Staff is requesting that the Council formally adopt the attached resolution identifying a project representative and authorizing the grant application for the implementation phase of the Schwan Lake Clean Water Partnership project. I am requesting that this item be placed on the Council agenda for its October 19 meeting. Please let me know if you need more information. Thanks. )/' Rich Brasch Water Resources Coordinator RB/sb cc: Tom Colbert, Director of Public Works John K. VonDeLinde, Superintendent of Parks 34wp:schwanzapp 2 PART II - PROJECT SUMMARY Introduction Schwanz Lake is part of 35-acre Trapp Farm Park in the City of Eagan, located 20 minutes south of the Twin Cities of Minneapolis and St. Paul. The Park provides over 2200 feet of shoreline access to the lake, contains canoe launching and dock facilities, and is tied to the rest of the City by an extensive system of bike and walking trails as well as roadways. Trapp Farm Park is one of 4 major community parks serving the 52,000 residents of Eagan and residents from surrounding communities in the south Metro area. The City has experienced explosive growth since the mid 1980's, more than doubling in population between 1980 and 1990. Public demands for parks and water-based recreation have increased commensurately. Visits to Trapp Farm Park alone now exceed 30,000 during the summer season. In addition, reservations for the lakeshore pavilion complex have increased by almost 200% between 1988 and 1992, and the size of many groups using the pavilion exceeds 200 individuals. Schwanz Lake is an important aesthetic, recreational, and educational resource for the Park and the City. It is among the top four priorities for water quality enhancement in Eagan's comprehensive and innovative water quality management plan, adopted by the City Council in April, 1990. In addition, Schwanz Lake is identified in the plan as one of only six City lakes out of 350 water bodies whose management objectives are maintenance of water quality high enough to support direct contact recreation. Finally, Schwanz Lake is one of only three lakes in the City managed as a sport fishery by the Minnesota Department of Natural Resources (MnDNR). Its MnDNR management classification as a Children's Fishing Lake makes it one of twenty such lakes in the Metro region. Given that 30-40% of the Metro area fishing activity is generated by children (Shodeen, 1992.) and that Eagan's population profile is dominated by young families with children, the potential for substantial increases in the use of the lake is exceptionally high as the City continues to develop towards its ultimate population of 80,000 to 90,000 residents. Unfortunately, excessive algal blooms severely impair the recreational and aesthetic qualities of the lake and Park. The current eutrophic state of the lake has severely compromised it's ability to support a gamefish population capable of supporting fishing pressure of over 300 hours/acre expected by MnDNR in the near future. The City of Eagan has been concerned about the lake's water quality problems for some time. It has also recognized the lake's potential as a unique asset to the City park system. In response, the City applied for and received a Clean Water Partnership Program grant to help finance a technical investigation aimed at determining the causes of poor water quality in Schwarz Lake and devising a plan to restore water quality in the lake to acceptable standards. This narrative summarizes the results of those investigations. 1 Summary of Diagnostic/Feasibility Study The diagnostic study began in October, 1990 with the initiation of a 12-month water quality monitoring program and subsequent data analysis, watershed assessment, and computer modeling effort that characterized the sources of water quality problems in the lake. The feasibility study that followed evaluated the cost-effectiveness of a variety of alternatives for improving water quality. Finally, an implementation plan was developed for the project which includes a number of non-structural as well as structural measures. The current watershed of Schwanz Lake is about 360 acres and is determined largely by the layout of the storm sewer system that serves the surrounding geographical area. Watershed land use is composed primarily of open/undeveloped,parkland, and single-family residential uses. At ultimate development, the watershed is expected to expand to just under 900 acres, with most of the expanded watershed developed for single family residential purposes. Ultimate development will probably be reached in 10-15 years and is expected to include almost 600 acres in Eagan and 300 acres in Inver Grove Heights. The lake currently receives runoff from six storm sewers that were constructed in the late 1970's and early 1980's. Water leaves the lake through a lift station located in its southeast corner. Four of the storm sewers drain areas discharging directly to Schwanz Lake, while the other two drain a combination of direct drainage area and up-drainage areas containing many natural and some man- made ponds and wetlands. Precipitation, in-lake, and storm sewer discharge monitoring was conducted as part of the diagnostic study. Daily records were kept of precipitation, and 20 in-lake sampling runs were conducted. Runoff in three of the six storm sewer outfalls was also sampled monthly between March and September. The three monitored storm sewers drain runoff from about 85% of the existing watershed area. Information from the literature and Schwanz Lake monitoring data suggest that the nuisance algal blooms that limit use of the lake are governed by the availability of the plant nutrient phosphorus. Thus, a reduction in the phosphorus loading to the lake was determined as the necessary action for reducing the frequency and severity of algal blooms. In-lake monitoring data showed a total phosphorus concentration for Schwanz Lake of 80 micrograms per liter (ug/l) during the growing season. An in-lake average total phosphorus concentration for the growing season of 55 ug/1 was established for the lake as a long-term management objective. This target concentration will be sufficient to restore the lake to the Minnesota Pollution Control Agency (MPCA) classification of partially supporting direct contact recreation. As part of the diagnostic study, water quality modeling was also completed to develop a reliable tool with which to quantify the effectiveness of certain remedial measures in reducing phosphorus loading to the lake. Coupling monitoring data with suitable watershed loading and lake response models, in-lake total phosphorus concentrations and outflow volume for Schwanz Lake were back- predicted by the model to within 3% and 12%, respectively, of the measured values. Additional model runs were completed for average year hydrologic conditions and future conditions under full 2 (C:\ development with various combinations of remedial actions. The model predicts a reduction of in-lake epilimnetic phosphorus concentrations without any new remedial activities. This is due to two factors. First, the direct drainage area of Schwanz Lake was reduced by a structural change in the storm sewer system adjacent to the lake. The change was made as part of a road construction project that occurred between the end of the monitoring phase and the time the Phase I report was completed. Second, the future increase in the watershed area will increase hydraulic loading to the lake more than phosphorus loading. The future expanded water shed contains numerous wet ponds that have relatively high phosphorus removal efficiencies. The hydraulic load to Schwanz Lake is expected to increase substantially more than the phosphorus load downstream of these ponds and is expected to mitigate, by dilution and flushing, the effects of the increased phosphorus load on Schwanz Lake. Despite these factors, phosphorus loading will still be too high to meet the established water quality goal for the lake. Both modeling and monitoring indicated that a disproportionately large percentage of the phosphorus loading to the lake under present as well as future conditions comes from the direct drainage area. For this reason, the implementation plan emphasizes the use of both structural and non-structural remedial measures that focus on this direct drainage. Proposed Implementation Plan A number of alternatives were evaluated to reach the in-lake phosphorus concentration goal for Schwanz Lake. These alternatives ranged from administrative measures such as fertilizer management education programs to structural measures such as treatment pond construction. Each of the options were evaluated for their benefit in improving water quality, initial and long-term (operation and maintenance) costs, technical feasibility, and social acceptability. Special attention was given to alternatives which reduce pollutant loadings at the source. The proposed implementation plan combines both structural and non-structural elements with watershed and in-lake treatments. The plan proposes to raise Eagan's already heavy emphasis on public education to a new level. However, public education by itself will not be enough to reach water quality goals for the lake. Thus, a series of small in-lake and direct drainage projects have been proposed as well. Together with the City's existing requirements to mitigate the water quality impacts of new developments, this program will assure that Schwanz Lake reaches the established water quality goal. The final plan includes the following elements: • A public information/education program which will focus on informing, enlisting support, and improving nonpoint source pollution prevention practices by residents. • Street sweeping to reduce the sediment and phosphorus loads from single family areas in the direct drainage area. • Conversion of the wet-dry detention basin LP-32.1 on Rogers Court to a wet pond. • Creation of a sedimentation basin in the south bay of the lake. 3 • Extension of the storm sewer outfall from Hay Lake past the proposed sedimentation basin. • Construction of a new wet pond (NURP basin) on park property near the park beach. • Hypolimnetic withdrawal to reduce the pool of soluble phosphorus in the deeper portions of the lake. • Continued monitoring to determine project effectiveness. Estimated costs over the 3-year project duration are $187,948. Conclusion The City of Eagan has demonstrated a strong, long-term commitment to lake water quality protection through the development and adoption of a comprehensive and innovative water quality management plan that has gained regional and state-wide recognition. The program incorporates in ordinance form strict regulatory controls to mitigate the impacts of new developments on water quality, places a heavy emphasis on public education, provides a source of dedicated program funding, sets community-wide priorities for lake water quality improvement, and provides for a long-term lake monitoring program. At the same time, Schwanz Lake is one of hundreds of lakes in the Metro area whose quality is affected by storm sewer discharges. Information generated by this project on the effectiveness of the identified remedial measures in restorin g acceptable in-lake P water quality will be widely applicable to these situations. With the assistance of the MPCA, the City has assembled a cost-effective strategy to improve water quality in a designated high-priority lake. The City looks forward to putting this plan into action with the continued involvement of the MPCA through the Clean Water Partnership Program. References Shodeen, Duane. 1992. Metro Region Fisheries Supervisor, Minnesota Department of Natural Resources. Personal Communication, October 1992. 4 a1 r # "PR E ' vPA-" B. Project Outlay Budget: Please complete the following table by listing the program elements that will comprise your project and the corresponding cost of each element. The program elements must correspond to the program elements contained in your project work plan (Part VI of your application). PROJECT OUTLAY BUDGET SUMMARY PROGRAM ELEMENT Cash In-Kind TOTAL 1. Public Education 12 , 975 13 , 339 26, 314 2. Street Sweeping -0- 13 , 902 13 , 902 1 LP-32 . 1 Improvements 7 , 350 819 8, 169 4. South Basin Improvement 11, 604 2 , 624 14 , 228 5. Hay Lake Inlet Extension 28, 963 1, 080 30 , 043 6. Park Beach Basin 24 , 374 1, 056 25, 430 7. Hypolimnetic Withdrawal 28, 941 2 , 894 31, 835 r 8. Monitoring 1, 927 3, 046 4 , 973 9. General Administration -0- 7 , 944 7, 944 10. Reports 17, 364 7 , 746 25, 110 Total of Program Elements 133 , 498 54 , 450 18 7, 9 4 8 -6- �� 8/1993 Er•Witt#47: 11:0197.4*"1 A. Project Support Budget: • Please complete the following table indicating cash and in-kind services to be provided by the Local Project Sponsor and by Contributing Sponsors. Cash In-kind Total Project Contribution Contribution Sponsors to Project to Project Support (2) (3) Project Sponsor: a b c City of Eagan 37, 524 53 , 795 91, 319 Local Contributing Sponsors: 1-2 1-3 1-4 1 Gun Clu7D Lake WMO 2, 000 2 , 000 2 University Extension 2-2 2-3 655 211 655 3 3-2 3-3 3-4 4 4-2 4-3 4-4 5 5-2 5-3 5-4 6 6-2 6-3 6-4 7 7-2 7-3 74 Total for Lc Contributing Sponsors from ad_ ;nal sheetfs) Project Sponsor and 93 , 974 Local Contributing Sponsors Subtotals: S 8 and/or Federal Contributing Sponsors: 8-2 '8-3 '84 9 9-2 9-3 9-4 10 10-2 '10-3 10-4 Total for State and Federal Contributing Sponsors from additional sheet(s) State and/or Federal Contributing Sponsors Subtotals: SUBTOTAL: Project Sponsor+Local Contributing d Sponsors+State and/or Federal Contributing Sponsors 39, 524 5 4 , 450 9 3, 974 Clean Water Partnership Grant Assistance 93, 974 9 3, 9 7 4 TOTALS 133, 498 54 , 450 187, 948 -5- 8/1993 RESOLUTION IDENTIFYING PROJECT REPRESENTATIVE AND AUTHORIZING A PHASE II APPLICATION BE IT RESOLVED by the Eagan City Council, that it hereby designates Rich Brasch, Water Resources Coordinator, as the Project Reepresentative for the proposed Schwanz Lake Clean Water Partnership Phase II-Project Implementation Grant. The Project Representative shall have the authority to represent the City of Eagan in all matters that do not specifically require action by the Eagan City Council. The Minnesota Pollution Control Agency (MPCA) shall direct Clean Water Partnership Application correspondence to the Project Representative and shall consider correspondence from, and actions taken by, the Project Representative to be that of the Eagan City Council. BE IT FURTHER RESOLVED by the Eagan City Council, that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Partnership Phase II-Project Implementation Grant Application for Schwanz Lake. BE IT FURTHER RESOLVE by the Eagan City Council, that the total cost of the Schwanz Lake project is expected to be $187 , 948, of which not less than $93 , 974 shall be provided by the City of Eagan with the assistance from contributing sponsors as detailed in Part IV of the application. RESOLUTION INTRODUCED BY: RESOLUTION SECONDED BY: VOTE ON RESOLUTION: WHEREUPON the above resolution was adopted at the October 19, 1993 meeting of the Eagan City Council. (Authorized Signature) (Date) (Title) (Attested to by) (Date) (Title) C; (4 Agenda Information Memo October 19, 1993 City Council Meeting TREE MAINTENANCE CONTRACTOR LICENSE E. License, Tree Maintenance Contractor--Enclosed on pages a6through c7 is an application received of Thomas Holberg for a tree maintenance contractor license. Mr. Holberg will not be applying pesticide and as such meets all the requirements for the license identified in the City Code. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the tree maintenance contractor license for Thomas Holberg as presented. L11 & L.,gan 3830 Pilot Knob Road APPLICATION FOR LICENSE License year /9 y Eagan, MN 55122-1897 TREE MAINTENANCE CONTRACTOR For individual,partnership or corporation who cat, trim, prune, rove spray or treat trees. r �'I�``111 I, 1\\��U' C\(,fit\ ' t3` UE?f 3 hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year 'g93 from the City of Eagan. U t� C2 OWNER: 1 t 1Ylc't`� . ` 1 ('(� ADDRESS: I e�I ! '`'t� r 16 / PHONE it U 98 /9P 5 J (streets ' LaKeu► 11e inn_ (city) (state) (zip) BUSINESS NAME: ej\P C v.:C jlec ADDRESS jZI•I re P.; PhONE # (street) (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: Name: (firs (middle) (last) Name: (first) (middle) (last) Name: (first) (middle) (last) Name: — (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: X , 3J(,) ;t " t I (name) (year) (make) (model) (license number) (name) (year) (make) (model) (license number) (name) (year) (make) (model) (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION) EQUIPMENT USED FOR TREE MAINTENANCE: (ems., stump grinder, brush dipper,ehainsaws, sprayer,etc.) (name) (function) (name) (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) a /',` REFERENCES OF PREVIOUS CLIENTS: RVkbao > I� ''>-?) kC Flu . Br\ -G37b (name) (addriss) (phone #) `�.1yrY' ,,cSi Awer rA r ` � � _) 04 ( ' (- (name) Caiddress) , (phone #) REQUIRED DOCUMENTATION: 1. Liability insurance in the following amounts: 9/,--))/(1 3 • $100,000 for bodily injuries to one person from one accident. • $300,000 for injury of two or more persons • $200,000 for damage or destruction of property Insurance may not be canceled by insurer unless there is 10 days written notice to the city. If insurance is canceled, licensee must replace with another policy which conforms to ordinance reouirements. The license is suspended until insurance is replaced. 2. Surety bond in the amount of$2500 naming City as bondholder. 3,rvs i\ Worker's compensation insurance certificate -when such insurance is required by state statute. 4. Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator must be provided by the applicant or employee administering chemical substances. SIGNATURE OF APPLICANT: • _ 1. ,._`'.\(u -�C' (signature) (title) (date) OFFICE USE: Date Paid: i� % Amount received: .� Receipt #: j S .) j City Council Approval: (date) a2 Agenda Information Memo October 19, 1993 City Council Meeting UNFUNDED MANDATES DAY RESOLUTION F. Resolution,Unfunded Mandates Day, October 27, 1993--Enclosed on pages Act through .50 is a memorandum from the League of Minnesota Cities relative to the upcoming Unfunded Mandates Day scheduled for October 27, 1993. Also enclosed on page 31 is a copy of the resolution designating October 27, 1993 as Unfunded Mandates Day as a kick- off to a year of mandate awareness designed to educate congressional and legislative delegations to the effect of mandated services without resources on local tax revenues and services. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution for Unfunded Mandates Day for October 27, 1993 as presented. O 3490 Lexington Avenue North St.Paul,MN 551268044 League of Minnesota Cities (612)490.5600 October 1, 1993 TO: Mayors, Managers, and Clerks FROM: Lee Swanson, LMC President RE: Unfunded Mandates Day The League is collaborating with the National League of Cities and other associations representing local government in an important public education campaign to explain the impact of the dramatic increase in the mandates imposed on cities by the federal government. The effort will begin on Wednesday, October 27, "Unfunded Mandates Day" in cities throughout the United States. I am urging all LMC member cities to help educate citizens and lawmakers about how unfunded federal and state mandates affect cities. I have enclosed information to help your city actively participate. The materials have suggestions to help you draw attention to the financial and administrative burdens of unfunded state and federal mandates on local budgets and taxes. I encourage your city to take the following steps prior to and on October 27, and to continue this effort throughout the coming year: (1) Adopt the enclosed resolution on unfunded mandates at a city council meeting BEFORE October 27, and send/fax a copy to the League if you do. (LMC fax: (612) 490-0072) (2) Modify the enclosed sample letter to fit your city's situation and send it to members of the Minnesota Congressional Delegation over the mayor's signature. (3) Provide at least one example of a federal and/or state mandate that has had a major impact on your city. Send a description of that mandate to Sarah Hackett at the LMC Office by OCTOBER 13. Include a general description of the specific requirement(s); an estimate of the cost to your city; and a brief explanation of the impact of the mandate(s) on city operations and services. As part of the activities for October 27, I will write an editorial about the effects of mandates on cities for distribution to major daily newspapers. The League will send you a different editorial that you can use with your local paper. You will need to add some examples of the impact of mandates on your city. • Below is a list of some state and federal mandates. Enclosed you will also find a flyer the National League of Cities has produced which answers questions about mandates. Please make additional copies for councilmembers as well as for citizens in your community with whom you may have a chance to discuss these concerns. Thank you and good luck! STATE AND FEDERAL(*) MANDATES PERSONNEL/EMPLOYEE RELATIONS PUBLIC SAFETY Unemployment compensation Peace officer standards & training Workers compensation Temporary detention facilities/ Public pensions - Basic and Coordinated plans detoxification centers Continuation of health and life insurance coverage 911 - emergency phone service Prevailing wages paid on public contracts (both) Confined space entry Veterans preference Animal control Employee right-to-know "First responder" & firefighting Parental leave/Family leave* by city employees on state hwys. Fair Labor Standards Act* Americans with Disabilities Act* ENVIRONMENT PLANNING Wastewater treatment standards (both) Land use planning Drinking water standards (both) State zoning standards Surface water management Uniform building code Waste disposal criteria/facilities* Flood plain management Hazardous substance transportation Flood insurance Recycling Shoreland development Minnesota Clean Indoor Air Act Lead-based paint testing and removal* TRANSPORTATION Leaking underground storage tanks (both) Municipal state aid roads Superfund (both) Computer requirements REVENUE CONSTRAINTS GENERAL GOV'T/RECORDS Tax-exempt property Conducting elections Limitations on local special assessments Record retention schedule Limitations on maximum penalties and fines Data Practices Act Truth in Taxation Open Meeting Law Sales tax and MVET on city purchases Competitive bidding Minimum levy contribution to regional libaries Publication of summary budget Municipal liquor store reporting Street lighting Tax-exempt bond reporting* *indicates a federal mandate CITY OF EAGAN RESOLUTION UNFUNDED MANDATES WHEREAS, unfunded mandates on local government have increased significantly in recent years; WHEREAS, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; WHEREAS, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of citizens; WHEREAS, federal and state burdens on local governments force cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; WHEREAS, federal and state mandates are often inflexible, "one-size-fits-all" requirements with unrealistic time frames and overly specific and inflexible procedures where less costly alternatives may be just as effective; WHEREAS, the cumulative impact of these laws and rules directly affect the citizens of our cities; and WHEREAS, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; NOW, THEREFORE, BE IT PROCLAIMED that the City of Eagan endorses the League's efforts and those of the National League of Cities and will fully inform our citizens about the impact of state and federal mandates on our local spending and taxes; BE IT FURTHER RESOLVED that the City of Eagan endorses this year of mandate awareness, beginning on October 27, by informing and working with members of our Congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of October, 1993. E. J. VanOverbeke, City Clerk 3>k Agenda Information Memo October 19, 1993 City Council Meeting EXTENSION OF FINAL PLAT APPROVAL/WHISPERING WOODS 9TH ADDITION G. Extension to Record Final Plat,Whispering Woods 9th Addition—The request from Scott Hilla for a 60-day extension to record the Final Plat of the Whispering Woods 9th Addition is enclosed on pages 3_3 through 3 Also enclosed is a memo from staff describing this situation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a 60-day extension for the recording of the Whispering Woods 9th Addition. hi S Wit 14405 JUDICIAL ROAD BURNSVILLE,MINNESOTA 55337 PH.890-4470 FAX 435.6558 Developer Of COUNTRY VIEW ESTATES COUNTRY WOOD ESTATES WOODS ESTATES LEISURE ESTATES WHISPERING WOODS October 6 , 1993 CITY OF EAGAN Municipal Center 3830 Pilot Knob Road Eagan , MN. 55122-1897 Attn: Mr. Jim Sturm, City Planner RE: WHISPERING WOODS NINTH ADDITION Dear Jim: Since the county surveyor has not approved the hard shells of the final plat of WHISPERING WOODS NINTH ADDITION, we are respectfully requesting a 60 day extension to finish the county requirements for recording of the plat. Sorry for any inconvenience this may have caused you. If you have any questions, please feel free to call me at 435-7787 . Sincerely, /1/ Scott G. Hilla HILLA DEVELOPMENT SGH/bja l ' MEMO _city of eagan TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 11, 1993 SUBJECT: WHISPERING WOODS 9TH ADDITION Scott Hilla, Developer of the Whispering Woods Additions is requesting a 60-day extension for the recording of the Whispering Woods 9th Addition which received Final Plat approval on August 17. I contacted Scott and he stated that the delay has been caused by a backlog of plats in the County Surveyor's Office that needed final checking. On Friday, October 8, I called the County Surveyor's Office and was told they are almost caught up with their final reviews of plats that have been submitted. Both the Engineering and Finance Departments were notified of this request and no concerns were raised. In the past, the City Council has been willing to give extensions since all City requirements must have been taken care of prior to approval of the Final Plat. If you would like additional information, please advise. City Planner JS/js r E h:9 § i!h b 111 ,i linWp� Oyb TJ —I1 to In I ?o 1 ) ;oo ,J IA F_= .,'• o4o lW zs. 2 W »° W.»� In J — , °'It 9a t� tol L. f—) -- -- -_ -- -- --'— — I u o= - - ADO J ---- ---- , t N-101o�S °. � us=oo II . FjW ° Hz ) - — -- _— -' O[tCl _2 t+Ot t°0[ 9100 \ N O 1--,--- . of 1 °'v,. 0 / ., ° 1 1. ° n ° ^ , t '5�6 i V /�•'�••c • 6 c. .p n _ _ .. 1 z a Er Cc )--D.) ( /; : I .,...,,t‘.',,-, r sy\j. 9,29,9, ") 9 9 - IoYf,' i / \\ •11 YYYY " ) 2'.F* z '/° r \ ommm 1 zo,a S o �I %t w \ _` ,j0 to.Y s E w. =oo4 > oW \ ° �) • 4 /N 0 lll�lr \ \ \_ C l Jr, ROSE. g l Z • \ --- v \r tt 1-", . a ..J r, °, "9:9�r \ �n - .000•I•J ^. 1.4' A i Agenda Information Memo October 19, 1993, City Council Meeting APPROVE AGREEMENT WITH DAKOTA COUNTY (YANKEE DOODLE ROAD) H. Project 638, Approve Agreement with Dakota County Preliminary Engineering and Right-of-Way Acquisition,Yankee Doodle Road-County Road 28--As a part of the City and County's Five Year CIP, Yankee Doodle Road (Lexington Avenue to T.H. 149)is scheduled for upgrading in 1994. Dakota County has requested the City of Eagan to enter into a cost participation agreement for the cost of preliminary engineering, surveying, and right-of-way acquisition necessary to prepare the plans required for the City to hold the public hearing. Because of the uncertainty associated with the approval of County Road projects in the City of Eagan, Dakota County is requesting a commitment for reimbursement should the project not be approved as a result of that public hearing process. This agreement has been reviewed by the Public Works Department and found to be consistent with cost participation guidelines of the standard construction agreement for County road improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the preliminary engineering and right-of-way acquisition agreement with Dakota County for Project 638 (Yankee Doodle Road) and authorize the Mayor and City Clerk to execute all related documents. AUTHORIZE FINAL PYMT/CITY MAINTENANCE (ALDRIN DR & CARLSON LAKE) I. Contract 92-13,Authorize Final Payment/City Maintenance(Aldrin Drive&Carlson Lake - Streets & Utilities)--The installation of trunk utilities to service the Aldrin Drive and Carlson Lake development under the above-referenced contract has been completed with the contractor requesting final payment and City maintenance. This project has been inspected by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 4th and final payment to Ryan Contracting in the amount of $11,698.27 for Contract 92-13 (Aldrin Drive & Carlson Lake - Streets & Utilities) and authorize City maintenance subject to all related warranty provisions. Cc. Agenda Information Memo October 19, 1993 City Council Meeting MAC CAPITAL IMPROVEMENTS PROGRAM J. Recommendation,Airport Relations Committee,MAC 1994-2000 Capital Improvements Program--At its meeting of October 12, 1993, the Airport Relations Committee recommended a series of comments on the MAC's proposed seven year CIP. For additional information with respect to those re mmendations and the CIP, please refer to the staff report which is enclosed on pages through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Airport Relations Committee relative to comments concerning the MAC 1994-2000 capital improvements program as presented. &`4LA MEMORANDUM TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 13, 1993 SUBJECT: ARC RECOMMENDATION - MAC 1994-2000 CAPITAL IMPROVEMENTS PROGRAM At its meeting of October 12 , 1993, the Eagan Airport Relations Committee reviewed a summary of the Metropolitan Airports Commission Seven Year CIP for comment. Comments are due no later than October 28, 1993 . The Committee took action to recommend the following comments be considered by the City Council for submittal to the MAC. Attached you will find the summary of the line items by year. The items which tend to affect Eagan directly are those in the Field and Runways and Environmental sections. The specific projects likely to affect the noise environment are underlined on your copy. The comments recommended by the Committee are generally consistent with previous City statements or stated policy: 1. Runway 4/22 Extension and Mitigation - The proposed project includes the assumption that a significant fraction of the traffic using the runway will make southbound turns east of Cedar Avenue impacting southwest Eagan to a greater degree than is currently the case. This impact is not recognized due to the fact that the area lies outside of the Ldn 65 contour for the project. Due to the significant impact of aircraft noise already absorbed by Eagan, the City is opposed to the inclusion of the turns east of Cedar Avenue with the project. 2 . Home Insulation/Home Buyouts - The City urges the MAC and FAA to expedite clarification of the FAA Part 150 interpretation concerning the squaring of blocks at the edges of the program eligibility area and, further, that the agencies expedite the approval of the Amended Part 150 Contour. 3 . New Ford Town/Rich Acres Acquisition (Richfield) - The MAC has received airport improvement funding in addition to the Part 150 Program funding for the acquisition of neighborhoods adjacent to the airport. The City of Eagan urges MAC to place a priority on the acquisition of other noise impacted areas which are exposed to significant noise levels around the clock, such as the McKee Addition of Eagan. 4 . Run Up Noise Suppressor - The MAC states that there will be limited benefit to this six million dollar investment due to the low correlation between noise complaints and actual run- ups. The City has supported installation of the suppressor for the past eight years due to repeated comments and complaints by neighborhoods which feel that they are impacted by such noise. 3(( ) State legislation requires that the facility be constructed. In recent years, the MAC has included the item in the CIP, but not constructed it. The MAC has suggested that the budget allocation could be applied to insulation or purchase instead. The City of Eagan strongly urges that the Run Up Noise Suppressor be constructed as scheduled in 1994 or that the funding be earmarked for sound insulation improvements in Eagan neighborhoods affected by this phenomenon. Neither the Taxiway B Construction nor the School Noise Abatement Projects affect Eagan directly. Staff is available to respond to any questions regarding this item. ACTION TO BE CONSIDERED BY THE CITY COUNCIL: To approve, deny or modify the recommendation of the Airport Relations Committee regarding comments on the 1993-2000 MAC Capital Improvements Program. 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E s Y 1111 V N V g / w u Y ` Cos — d � o c � 5 s < !i � i ° ' L O u G e'2 9 C 7 ° Y a Y 15 7 p d ` u v`ai to Sap :S 2 ; .. ; c5 G z � O co co 7 K 'O " V az b . e I � cn e a c ot�2 •- t .n u < � •p � ; � � i L E r N -• ea E►'G 0 A c To t%� L- E ° - ° E u Y Y G c ►�. O L �e C L:: ° : r ° o E � 2 o d O < U r , € o der = • Y C v: T d A A a v h u.ti . ... - -; s `a II .. C L V C .E .0 0 Q O y !'! E G C A w w w u L E s t e + .1 a .J ^• ^• ^^ t c . . N M V V v.�.•fir( < V Z V u. : z 0 (4 Q Agenda Information Memo October 19, 1993 City Council Meeting FINAL PLAT/THE WOODLANDS FOURTH ADDITION K. Final Plat, The Woodlands Fourth Addition--Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. For a co y of the fi plat as it appears for recording at Dakota County, please refer to pages and'*c . '1 " ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for The Woodlands Fourth Addition as presented. ('3 I 1 , 1 1 I :N. , .,... ....:. . c-a c\-t it. —I 1 •• 1..) 6:‘O. •. ......1 ..-.. •..'.., .. k I 1 0 1 i • 0 111.0 44, ■••. • .29.34 1 '■ . . 1 S' 24 ig --Q.-gon--ar 1 f ■:; Cii • b. I .. $ A30 .. ' .'....k)if'2 :• il -•_. ,-, I C 1 i 2 .. ''''b Q%•••• '• 0 ,.• %.%.,At,4..n.• ,. ', ,k , % , , 4 ::: •_..,; •,416,1• •••••■•:'• - ',r4 ', .:.'..• '4' 1,, .. ' l%i• s•- ' '... g,' . ,\ % •._ *i 11, r..t :-, •'-i- / . '....".....,..7„.,,, / ..' ro• \ % Ili' , % 1.\. , 6, ,i ,-,..., 4% • •1.. b i ,,, ,... „..; if . ••,.._,:‘, • f ,0 s, ,..... -. 61 -; t.,. 0 3 -1_ ''.: \, 1 j:', at -... : i t .6, .. '. ;,trak• 1...27.;:.:1:.\ r :'• % ;',....4,3:;e' , !.4 ..1 t 3 06° ----. C:--4 -..• t":t / ig\ /fr. i'In i ‘s. / •• t,;‘..cs, vl , ,., Ar___ ...... 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I,1 •._• 1 - • ''' ;I r "Ful ill el 1 , ! li! di 1 it „ 1 ■ '‘ iii I li : " .. • -1, 0141 17 III ILI 1 1 t616 t t e Li I kk AI SC,91.00 N L _ — - ill hil i ii • 1 a • • Agenda Information Memo October 19, 1993 City Council Meeting 1994 DRUG TASK FORCE AGREEMENT L. Agreement, 1994 South Metro Drug Task Force Joint Powers--Enclosed on pages through is the 1994 Joint Powers Agreement for the South Metro Drug Task Force which comprises the Cities of Eagan, Burnsville, Apple Valley, Lakeville and Dakota County. This will be the seventh year of activity for the task force which was established in 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1994 Joint Powers Agreement for the South Metro Drug Task Force as presented. .qc2 1994 JOINT POWERS AGREEMENT • SOUTH METRO DRUG TASK FORCE THE PARTIES TO THIS AGREEMENT are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes S 471.59 . NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers agree as follows: 1. Name. The parties did establish in 1988 and hereby maintain the South Metro Drug Task Force. 2 . General Purpose. The purpose of this joint powers agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3 . Members. The members of this Agreement shall consist of the following units of government: City of Burnsville City of Eagan City of Apple Valley City of Lakeville Dakota County 4 . State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the South Metro Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds") . The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5. 1. The governing body of the Task Force shall be a Board consisting of six members. The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. Page 1 of 6 kri 5.2 . Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5. 3 . In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of four (4) members shall be required for all meetings. 6. Powers and Duties of the Board. 6. 1. The Board will formulate a program to carry out its purpose. 6.2 . The Board will coordinate intelligence between the members and the Task Force. 6. 3 . The Board shall appoint and supervise the Agent-In-Charge of the Task Force. 6. 4 . The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6. 5. The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6. 6. The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 . The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6. 8. The Board may recommend changes in this Agreement to its members. 6. 9 . The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6. 10. The Board may decide to purchase liability insurance which shall be payable from Task Force funds. Page 2 of 6 g 7. Finances. 7.1. The members intend to fund the 1994 cost of operation of the Task Force totaling $396,700. 00 as follows: (1) $145,000. 00 from 1994 grant funds, and (2) $251,700.00 in matching funds from member cities and County. The matching funds shall fund the continued cost of maintaining the replacement officers hired during 1988 for the officer assigned by each member to the Task Force. All funds will be spent in federally authorized program areas. 7.2. The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force secretary/treasurer. 7. 3 . The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7 .4. The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds from each member will be used to pay the 1994 salary of the officer hired in 1988 to replace the officer assigned to the Task Force. 7.5. The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7. 6. The Board may not incur debts. 7 .7. The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $145, 000. 00 in grant funds in 1994 . If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agents. 8.1. Each member shall assign one experienced, licensed peace officer to serve on the Task Force on a full-time basis. 8.2. Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. Page 3 of 6 (4 .A4 8.3 . Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 . Agents will be supervised by the Agent-in-Charge. 8.5. The member appointing the Agent shall furnish the agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8. 6. The members shall maintain the officer positions hired in 1988 to replace the officer assigned to the Task Force. 9 . Agent-In-Charge. 9 . 1. From the agents assigned by members, an Agent-In-Charge shall be appointed by the Board and serve at its pleasure. The Agent-In- Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member. The difference between the rate of pay, if any, the Agent-In-Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Agent-In-Charge shall remain an employee of the member city or County. 9.2 . The Agent-In-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent-In-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, and intelligence management. The Agent-In-Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent-In- Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-In-Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9. 3 . The Agent-In-Charge may exclude agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the agent to the Task Force. Page 4 of 6 St 10. Forfeitures, seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided equally among Task Force members. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to off set equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Headquarters. The City of Eagan will furnish the Task Force, without cost, office space at 3830 Pilot Knob Road, Eagan, Minnesota 55122. All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force by Eagan without cost. 12 . Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 13 . Duration. 13 . 1. This Agreement shall take full force and effect when all five potential members, listed in paragraph three of this Agreement, sign it. All members need not sign the same copy. The signed Agreement shall be filed with the city clerk of the City of Eagan, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 13 . 2. This Agreement shall terminate on December 31, 1994, unless extended by further written agreement of the parties. 13 . 3 . This Agreement may be terminated at any time by the written agreement of 3/5 of the members. 13 . 4 . Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the contributions of each member of this Agreement. Page 5 of 6 S--( IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes S 471.59 . Approved by the City Council CITY OF LAKEVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN By Date of Signature Attest Date of Signature Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Rod Boyd, Sheriff Date of Signature Dakota County Attorney's Office Dakota County Judicial Center Approved as to Form 1560 Highway 55 Hastings Minnesota 55033 By ______ Telephone: (612) 438-4438 Assistant County Attorney Date of Signature Approved as to Execution by County By Assistant County Attorney Date of Signature C/K-93-382 Page 6 of 6 Agenda Information Memo October 19, 1993 City Council Meeting RATIFY P.D. AGREEMENT/RAHNCLIFF 3RD ADDITION M. Ratify Planned Development Agreement, Rahncliff 3rd Addition (Holiday Inn Express)—A Planned Development Agreement for the R ncliff 3rd Addition(Holiday Inn Express) has been prepared and is enclosed on pages through QD for your review. The site plan has been revised to meet the requirements set forth by the City Council in approving the project. Color renderings of the building architecture and sod treatment will be available at the Council meeting for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the Planned Development Agreement for the Rahncliff 3rd Addition. 53 AMENDMENT PLANNED DEVELOPMENT AGREEMENT RAHNCUFF 2ND ADDITION THIS AMENDMENT, made this 19th day of October, 1993, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the"City"),and New Ulm Enterprises, Inc., a Minnesota corporation, (hereinafter the "Applicant"). WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City and Rahncliff Crossings, Inc., original Owner and Developer entered into a Planned Development Agreement for Rahncliff 2nd Addition (hereinafter the "Agreement" as amended) on the 5th day of December, 1989; and WHEREAS, the Agreement and any amendments thereto, run with the land until terminated and are binding upon the successors and assigns of the original Owner and Developer; and WHEREAS, the Eagan City Code and the Agreement provide for amendments to said Agreement upon application of the original Owner or its successors and assigns and approval of the City pursuant to the Eagan City Code; and WHEREAS, New Ulm Enterprises, Inc. is the Owner and successor in interest of Lot 2, Block 2, Rahncliff 3rd Addition, which is located in the southwest corner of I-35E and Cliff Road in the City of Eagan, County of Dakota, State of Minnesota, as shown on Exhibit "A" attached hereto; a nd WHEREAS, the Applicant has applied for an amendment to Exhibit "C" of the Agreement to allow a hotel on the site, as shown in Exhibit "B" attached hereto; and WHEREAS the Advisory Planning Commission of the City did hold a public hearing on August 24, 1993 and did recommend approval of the amendment to the Agreement on that date; and WHEREAS, the City Council of the City did review the amendment to the Agreement on September 21, 1993, and did concur with the recommendation of the Advisory Planning Commission to approve an amendment to the Agreement as amended. NOW, THEREFORE, it is hereby agreed to and between the parties hereto as follows: 1. The Agreement shall be further amended to revise Exhibit "C" of the Rahncliff 2nd Addition Planned Development Agreement as amended, to allow a hotel on Lot 2, Block 2, Rahncliff 3rd Addition. 2. The Agreement shall be amended to include specific conditions to the development as set forth herein. All other requirements of the Agreement, except as otherwise amended, shall remain in full force and effect as fully set forth in the Agreement. Said specific conditions are: (A) All signage shall conform to the Planned Development Agreement and Code requirements. (B) If a pylon sign is proposed, an amendment to the Planned Development Agreement shall be required. (C) The parking lot shall allow cross parking ingress/egress movements. Easements shall be provided to the City prior to the Planned Development Agreement ratification by the City Council. (D) The Planned Development overall landscaping plan shall be followed. (See Exhibit "C") All green areas shall be irrigated. (E) A trash recycling area shall be contained in the building. (F) Rooftop mechanical equipment shall not be visible from adjacent roads or 1-35E. (G) The developer will be responsible for submitting a detailed grading, drainage and erosion control plan, a utility layout, and a site plan with the building permit application. (H) The westerly driveway opening onto Rahncliff Court shall be shifted to the west property line to allow for a shared driveway access. (I) All exterior sides of the building shall consist of stucco and 25% to 40% brick compatible in size and color to that used by the strip mall and Baker's Square. 3. This Agreement shall run with the land until terminated and shall be binding upon the successors and assigns of the Applicant. 4. This Agreement shall become part of the original Agreement, fully binding upon the parties, as if fully set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF EAGAN, a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor • By: E.J. VanOverbeke Its: City Clerk New Ulm Enterprises, a By: Emmett Erpelding Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 19_, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VANOVERBEKE to me personally know, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF ) )ss. COUNTY OF ) On this day of , 19_, before me a Notary Public within and for said County, personally appeared and , to me personally known to be the person(s) described in and who executed the foregoing instrument and acknowledged that the executed the same as their free act and deed. Notary Public 5 7 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Peggy Reichert Community Development Director Dated: THIS INSTRUMENT WAS DRAFTED BY: CITY OF EAGAN Community Development Department 3830 Pilot Knob Road Eagan, Minnesota 55122 (612) 681-4685 I I 4 • • .if, 1 hi a te' , ��$ N. 0� I �.4 ` i!. 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Agenda Information Memo October 19, 1993, City Council Meeting ::PUBLIC HEARINGS FINAL ASSESSMENT HEARING (LAKEVIEW TRAILS ADDN) A. Project 635, Final Assessment Hearing (Lakeview Trails Addition - Dodd Road Watermain)--On October 5, a public hearing was held to consider the final assessment roll for the installation of streets and utilities to service the Lakeview Trails Addition and the installation of watermain on Dodd Road from Cliff Road to Lakeview Trails. At that public hearing, all of the residents with assessable frontage on Dodd Road objected to the assessment. After considerable discussion, the City Council approved the assessment roll but continued that portion as it pertains to the Dodd Road watermain assessments until October 19 and directed staff to meet with the affected property owners to discuss the appropriateness of the assessments and to reconsider it at the continued public hearing scheduled for October 19. At 7:00 p.m. on Monday, October 11, a meeting was held at Eagan City Hall. All objecting property owners were in attendance at that meeting. Enclosed on page ((.1. is a tabulation of the fina,,I assessment roll as it pertains to these objecting property owners. Enclosed on page is a letter received fr one of the roperty owners prior to this neighborhood meeting. Enclosed on pages (t through ( 5f is a memo from the Public Works Director summarizing the results of this neighborhood meeting. After considering the enclosed information, the City Council should make a final determination regarding the final assessment roll as October 19 is the last date a public hearing can be held that will allow the assessments to be certified to Dakota County for collection beginning in 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 635 (Lakeview Trail Addition - Dodd Road Watermain) and authorize its certification to Dakota County. CPI 21•S•P'93 ASSESSMENT COST EAKDOHN ADDITION PROD NAME LAKEVIEW TRAIL • PROW NUN P63S SA NAME WLTK63S F LAT SENEFIT WTR TRNNK35 SA MAME SAD 2457 • SF 12.000 / Ff � YEARS 1S SF 0.000 /FF ___..a INT RATE .065 CI 0.000 /FF ASSESSMENT 0.000 /FF PROS Dwua-n. YEAR 1ST YR INT 14 A0.00..rA ASS'46e ASSESSMENT YEAR 1993 iaeNrM+� fa�r.rwt NET UNITS PRO-RATA RATEJPC GROSS �T REC PROPERTY 4824. v�+�►as`NNFR. MMSR IDENTM CL UNITS CREDITS SUBTOTAL FA A$*'$LE402 1 SNARE 12.000 q,,�KiNS 0 402 1 12.000 1716.72 1 10-03600-011-285F 406 0 148.061 148.06 1 12.000 2154.84 022∎91K- 3 10-0360001285F 179.56 179.57 1 2�_Op_�p 3��- p 179.57 1 308 1 12.000 3 10-03600-012-285F 20 26 179.08 0 308 1 12.000 198'00 4 10-03600-020.26SF 308 16.5 1 16.5 1 — . s -J 16.5 0 209 1 12.000 2508.00 _ S 1 0-03600-0 23.2751 0 2091 12.000 1020.00 ft c"�►�� 6 10.03600-027.255E 209 044446 85 1 85 1 235 -1501 310 1 12.000 3720.00 9 7 ,0.03600.030-25Sf -150«°''"`° 310 1 12.000 72x,,00 S. wu/_wa 8 10-03600-030-25SF 460 187 1871 S. c,SM�G4 0 260 1 12.000 3120.00 10 10.03600-030-26SF 1 -t00ta"'o0 260 1 12.000 6216.00 rLss'h `'R 10 10-03600-040.25Sf 0 518 1 518 1 11 10-03600-050-25SF 518 CO OCT . 6 , 1993 To : THOMAS EGAN , MAYOR , CITY OF EAGAN FROM ETHEL BUCHAN THOMAS HEDGES , CITY ADMINISTRATOR 4695 DODD RD. THOMAS COLBERT , PUBLIC WORKS DIRECTOR EAGAN , MINN . SUBJECT : PROJECT 10P635 OCT . 1993 MEETING I WOULD LIKE TO POINT OUT AND COMMENT ON SOME STATEMENTS OR FACTS BROUGHT OUT AT THE MEETING . FIRST MR BUCHAN MADE THE STATEMENT THAT THE PROPERTY VALUE COULD NOT BE RAISED BY CHANGING THE ZONING . THIS WAS QUESTIONED, I QUOTE THE SOURCE : " THE COURT STATED : EVIDENCE OF VALUE FOR USES PROHIBITED BY AN ORDINANCE IS ADMISSIBLE ONLY WHERE THERE IS EVIDENCE SHOWING A REASONABLE PROBABILITY THAT THE ORDINACE WILL BE CHANGED IN THE NEAR FUTURE . FROM THE JULY 9 , 1993 FINANCE AND COMMERCE APPELLATE COURTS EDITION . OUR OBJECTION WAS BASED ON THIS STATEMENT QUOTED FROM THE SAME SOURCE : " A MUNICIPALITY MAY LEVY A SPECIAL ASSESSMENT WHEN THE FOLLOWING CONDITIONS ARE SATISFIED : ( A) THE LAND MUST RECEIVE A SPECIAL BENEFIT FROM THE IMPROVEMENT BEING CONSTUCTED , (B ) THE ASSESSMENT MUST BE UNIFORM ON THE SAME CLASS OF PROPERTY , AND ( C ) THE ASSESSMENT MAY NOT EXCEED THE SPECIAL BENEFIT" . OUR POSITION : ( A) WE WILL NOT RECEIVE ANY SPECIAL BENEFIT- WE HAVE GOOD WATER , TESTED WELLS ; IF ANYTHING A NEGATIVE BENEFIT IE HIGHER TAXES . ( B ) THE ASSESSMENT WAS NOT UNIFORM- LAKEVIEW TRAILS LAND ON DODD ROAD WAS ASSESSED THE SAME AMOUNT PER FOOT ( $12 ) AS THE RESIDENTS ON DODD . THIS EQUATES TOO $111 PER RESIDENCE IN THE DEVELOPMENT COMPARED TO APROX . AN AVERAGE OF $3000 PER RESIDENCE ON DODD . THEY BENEFIT , WE LOSE WITH NO BENEFIT AND HIGHER TAXES . ( C ) OUR RESEARCH INDICATES THAT IF ANYTHING THE TRUNK LINE WILL LOWER THE VALUE OF OUR PROPERTY . WHY ? HIGHER TAXES , MORE TRAFFIC , LOSS OF OUR RURAL LIVING-THAT IS WHY WE ARE HERE , AND INTEND TO STAY HERE . THE STATEMENT WAS MADE BY THE COUNCIL THAT THE PROXIMITY OF THE HYDRANT WOULD BENEFIT US . OUR INSURANCE BROKER RESEARCHED THIS AND INFORMED US THERE ' D BE NO CHANGE IN OUR RATE SINCE IT IS BASED ON THE PROXIMITY OF THE FIRE STATION ; HENCE NO "BENEFIT . " I CAN ASSURE YOU THAT WE HAVE RESEARCHED THIS ASSESSMENT FROM A LEGAL , ENGINEERING AND ECONOMIC STANDPOINT, AND , BASED ON THE RESULTS , WE INTEND TO STAND BY OUR POSITION AT THE MONDAY EVENING MEETING . CC : COUNCIL MEMBERS 1OPDODD ROAD SIGNED : ETHEL BUCHAN ` a c.l�,.a/,2/ (3 MEMO _city of eagan TO: MAYOR & CITY COUNCILMEMBERS C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 14, 1993 SUBJECT: PROJECT 635, LAKEVIEW TRAIL ADDITION (DODD RD WATERMAIN) NEIGHBORHOOD MEETING REGARDING OBJECTION TO ASSESSMENTS At 7:00 p.m. on Monday, October 11, a neighborhood meeting was held with all property owners objecting to the above-referenced improvement. In addition, the property owner from 4800 Dodd Road (outside the scope of this project) was also in attendance. Attached is a copy of the attendance sheet. The attached project fact sheet with assessment options was distributed to all in attendance and discussed in detail. Also attached is n physical feature map showing the affected properties, their legal parcel number and approximate size. In trying to reach a consensus with the affected property owners to an acceptable assessment, the following information was provided and discussed. 1. City Participation vs. Assessments It was pointed out that with the assessment roll as proposed, only 45% of the costs are being assessed with the City financing 55%. 2. Trunk Area Assessments When the project was originally proposed and discussed at the public hearing held on August 4, 1992, it was recognized that the installation of the watermain on Dodd Road was to provide a looped trunk water distribution system to the southeastern portion of the City of Eagan in addition to providing direct water availability to each parcel fronting on Dodd Road. Recognizing the financial impact of this trunk water installation, the City agreed to not levy the trunk area water assessment but only the lateral benefit from this trunk watermain. Subsequently, the City deferred this trunk area assessment h present (approximately $38,350) until connection. This was not in accordance with the p (.0 4- Special Assessment Policy but took into consideration the unique situation of the existing homeowners. 3. New Assessment Policy/Precedence Any modification to the final assessment calculation for this water lateral would, in all likelihood, create a precedent and a new assessment policy for the extension of utilities southerly along Dodd Road as development continues to occur. 4. Equity It was explained that there have been numerous similar situations in the City of Eagan as it continues to grow and develop and that the City has not in the past reduced the assessment associated with lateral benefit. Options Assessment O 5. p After a presentation of these issues, there was a short question and answer session regarding calculation of assessable footage, potential for a subdivision of property, future costs associated with connecting to the watermain and the appeal process. Then, the five assessment options were presented and discussed. After a 10 minute private deliberation amongst the homeowners, I was informed that they were unanimous in supporting Option #5 for the City Council's consideration with the understanding that there would be no future obligation associated with the "water lateral" assessment. They recognize that there would still be an obligation at future rates for trunk area water, services, permits, etc. They also indicated that any other option would result in the property owners pursuing a formal assessment app•sal. It was also explained that if the Council agreed to Option #5, the assessment roll would be modified and so certified to Dakota County. If any other option were selected by the Council, the property owners would then have to decide what course of action they wish to choose within the appropriate time frame. With that, the meeting adjourned at 7:45 p.m. Respectfully submitted, Director of Public Works TAC/jj Enclosure: Attendance Sheet Project Fact Sheet Physical Feature Map 2 (Z n ( NEIGHBORHOOD MEETING LAXEVIEW TRAIL ADDITION STREETS, UTILITIES & STREETLIGHTS MONDAY, OCTOBER 11, 1993 ' NAME/ 1.-.A/ OA eebh Pe742). 2 dr! \ — /''�,a t w ) ,Y_Jr1 , I . 3., , 41;40)---) �/�Z .L�,// 5. iMr/ r 4i/4— .7V-1, 6. ] �. "` LeSU cfc/ i . 7. / L1 /1) /P1 ?dr/ rt Per 8. k r ,�;� - :, a 4 5 >ioc IMO G 1)c 4 ■J r 10. �r�^ r L71,66 r �,s", '( 11. ,, ..j �ifc G •U , 40.1 J .0.0 P tO 12• /1-:/ gi_ZtiP G / `T 14. E ; ist.. e r ?J c1 7,: 15. 16. 17. 18. 19. 20. 21. 22. (Q`-e PROJECT #635 LAKEVIEW TRAIL ADDITION DODD ROAD WATERMAIN IMPROVEMENT • 1700 lineal feet of 8" watermain with 4 hydrants from Cliff Road to Lakeview Trail Addition COST (Dodd Road) • $69,189.19 as constructed under Contract #92-11 ASSESSMENTS (Dodd Road) As proposed under Project #635 • $31,477.56 Lateral Benefit from Trunk Watermain ($12/front foot) • Trunk Area Assessments ($1,565/Ac.) deferred until connection 24.5 Acres (after Credits) = $38,350 CITY FINANCED (Dodd Road) • $37,711.63 (54.5%) ASSESSMENT OPTIONS 1. Assess all parcels 100% of cost as proposed in Final Assessment Roll 2. Postpone 50% until connection or sale at future rates. 3. Postpone 50% until connection or sale at today's rates. 4. Postpone 50% until connection or sale at % interest. 5. Assess all parcels at 50% of cost as proposed and record as payment in full with no future obligation of lateral benefit from trunk watermain. City's participation increases by $15,738.78 to $53,450.41 (77.3%) �(.� 10-11-93 •••-• - X.../.,. s (11 ,i \'' 1 -- 1-6,,r 1-•-• - - - -9 Jos i .\ \ \ 1 I I I I _-- • .--.-----I-- ' 1 . ' — — — — -- --- \ \ __ I - s I, 1 '- \ \x , ,......,, - - _ i I 1 t 1 \I t i •:\ \t ti'. \, "._ ..„,•6'' ' I \ \ ..e- ,,' \ - -- I I- -- . . -, t „ 1\ i \ 1' rit,', II „, \ - -) (6.-... v i \ , t I 11.„. ..a I 1 i i , - •-- - --0I ‘ ‘ 4 ' - lil 17 1 t I I 4:-1 1 Is' s I , 1 c., i I • fa,(13. \ \ I ,, I••• LI il.lkgi I ' I / 1 t ; h LI- 41 I / , V., II 1 \ I • I II II 0-1-V-- i I ‘PS -•.$ \ t„\ mr. SI. \ _ ,\ .... -;.• iCriell I s ,Ik I/,' __t„--1 •._ / I ■ tdi %-•' , II --____.r.___--- _ - t•.,„ \\ .4 \s, / \ I , ----- ' - i\ • -. , -• , I I i .:--,---' - , . , , , ,__.$s I/ it •. t •'‘ ' ' I •h It, I t / al, : . , 1 ,- • - i \ '. -; 1-13-111 1 1 0 \N, 1 1 \ if g ....' ..-. • ' I 1 i. ( 011 ■ I\ - / • • I . \ 1. • ‘ ,.., ...., „, , i / \ 0 {r15tri \I 4,4Vi \ \\4.4\ c)‘ \ '‘ \\'‘ \‘ \. / , „ I \ . 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I ‘,----0--■Int1,4 bi,f4 1- 1\ 1 I , I / i\I 1 ■ . , \ . • , I . , ...- - - .., -- c&At.,\TF r t, , ,i \ I \ \ 1 / I 1 ..... „. _ -,_.--- __,"- --\ , 1 w i. s III / I / o \ \ I 1 \ I ..\I ■ , , \ I I 13 ‘41451r,r I 1111 I \ \ \ (; _xitt■ro.)440" 4 1 1 6 3,s ,. c'1 t i . 1 1 ■ .... IA pr, I t I / r .... 14 I 0,., , i 7 iD - , I 'I I I 1-- ' 1 5,1 I I .•. .. \ _—_, ,,.,, , . ■ --- -- '"`"---'-t \-- :=. _-I ' ' / " , I / 1 st , I• ••••\•••• ...• \ - - , ' \ ,, _ ( - \ ,' I -., / 1-,1 1/ / ■ I b., f I ■ / V .8---, I ,1 I \ , ' - - r- ---\4Y -1 i , 1 „' 1 ( - 1 ,:it I \ • _ - _ , I , , , - - - - -t - - - - ''• - - L', ialll■ i i i , _ -- \ / / / , ., . // / 1 . -- / \ . - 44111 — ..,/ /I I -- - / ■ . , II, • s \ 0 ; ,, Agenda Information Memo October 19, 1993, City Council Meeting FINAL ASSESSMENT HEARING (WENZEL ADDN - STS & UTILITIES) B. Project 641, Final Assessment Hearing (Wenzel Addition - Streets & Utilities)--On September 21, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on October 19. Enclosed on page 70 is a summary tabulation of the final assessment rates as compared to the estimate contained in the feasibility report presented at the public hearing held on March 16, 1993. With the exception of the streets, all assessment rates came in significantly below the feasibility report estimate. The final street assessments exceeded the feasibility report estimate due to Dakota County increasing the stacking requirement for the turn lane construction on Diffley Road (County Road 30). Overall, the total amount proposed to be assessed is approximately 13% below the estimate in the feasibility report. All notices have been sent to the affected property owners and published in the legal newspaper informing them of this public hearing. In addition, the developer has been personally contacted regarding these final costs. As of this date, staff is not aware of any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 641, Final Assessment Hearing (Wenzel Addition - Streets & Utilities) and authorize its certification to Dakota County. Co 9 FINAL ASSESSMENT WG !PROJECT NUMBER: PROJECT 641 ASSESSMENT sumo DATE: OCTOBER 19- 1993 SUBDIVISION/AREA: WENZEL ADDITION TOBLIC HEARING DATE: MARCH 16. 1993 =MOVEMENTS INSTALLED AND/OR ASSESSED: F.R. • Feasibility Report FINAL F.R. FINAL - F.R. ;ANITARY SEVER RATES RATES ETORM! SE4ER tATES RATES ❑Trunk ❑ Trunk • 845.68/Lot $ 1,096.00/Lot $ 1,251.69/Lot $ 1,259.00/Unit © laterals $ 1,691.36/Lot $ 2.191.00/Lot © Laterals $ 2.503.38/Lot $ 2.517.00/Unit ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk 'ATER ;TREETS • ❑Trunk ❑ Gravel Base $ 733.14/Lot $ 1,038.00/Lot $ 1,271.20/Lot S 1,062.00/Unit © Laterals S 1.466.27/Lot S 2.075-nn/I nt ❑ Surfacing $ 2.542.39/Lot $ 2.125.00/Unit Service ❑ Res. Equiv. ❑Lat . Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail ;EROICES STREET LIGHTS $ 468.21/Lot $ 717.00/Lot ® Water 6 San. $ 936.41/Lot $ 1,433.00/Lot Sewer ❑ Installation ❑ Energy Charge CONTRACT a OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE a,SSESSED 7IRARCED $726,246.12 $ 1,896.64 93-07 126 5 yrs . 6.5 % $843,520.00 S 6.830.00 CO!O NTS r) 0 Agenda Information Memo October 19, 1993, City Council Meeting FINAL ASSESSMENT HEARING (ALDRIN DRIVE) C. Project 639, Final Assessment Hearing (Aldrin Drive - Streets & Utilities)--On September 21, the final assessment roll for the above-referenced project was presented to the City Council and a public hearing was scheduled for October 19. Enclosed on page a summary tabulation of the final assessment rates as compared to the estimate contained in the feasibility report presented at the public hearing held on September 17, 1992. The final assessment rates exceeded the feasibility report estimate due to the inclusion of the costs associated with Change Order #1 to Contract 91-06 (Eagandale Industrial Park Overlay). The feasibility report inadvertently omitted these Change Order costs which had already been incurred in anticipation of this project. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this assessment hearing. In reviewing the final assessment roll with representatives of the Opus Corporation, Alscor, and Northwestern Mutual Life Insurance, the assessment roll has been revised to reflect the assessments being levied against the two adjacent parcels that remain as a result of correcting an unauthorized lot consolidation by Dakota County which was used as the basis for the feasibility report and assessment report. Therefore, the Council action should reference the adoption of the amended assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the amended final assessment roll for Project 639 (Aidrin Drive - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSXENT manic non= EMBER: PROJECT 639 ASSESSMENT MAILING DATE: OCTOBER 19, 1993 SUBDIVISION/AREA ALDRIN DRIVE PUBLIC SURINC DATE: SEPTEMBER 17, 1992 IMPROVEXERTS INSTALLED AND/OR ASSESSED: B.R. ■ Feasibility Report FINAL T.R. FINAL T.R. JARITARY SERER RATES RATES PTORN SM:QER BATES RATES ['Trunk ❑ Trunk © Laterals $7,303.65/lot 13 Laterals $13,323.71/lot $11,785/lot 0 Service ❑ Let. Benefit/ Trunk [' Lat. Benefit/ Trunk PATER PTREETS ❑Trunk ❑ Gravel Base D Laterals :11.991.20/lot $ 9,545/lot L±I Surfacing $20,986.93/lot $17,390/lot ❑ Service ❑ Res. Equiv. ❑ Lat . Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑VAC ❑ Trail PEROICES PTREET LIGHTS [' water S San . Sewer 13 Installation $ 995.45/1ot $ 575/lot [' Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED 7INANCED 91-06 $112,201.93 $ 9,033.60 92-13 10 1 _Yrs • , 6.5 % $ 89.690.00 F.R. —0- COM ENTS: • Asended October 1, 1993 Added General Fund Portion. Agenda Information Memo October 19, 1993, City Council Meeting FINAL ASSESSMENT HEARING (CEDAR GROVE 5TH ADDITION - STREETLIGHTS) D. Project 654,Final Assessment Hearing(Cedar Grove 5th Addition-Streetlights)--On September 29, the City Council received the final assessment roll for the above-referenced project and scheduled the public hearing to be held on October 19. Enclosed on page is a summary tabulation of the final assessment rate as compared to the estimate contained in the feasibility report presented at the public hearing held on June 1, 1993. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to this proposed assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 654 (Cedar Grove 5th Addition - Streetlights) and authorize its certification to Dakota County. "13 VIRAL ASSESSMENT BEARING PROJECT NUMBER: 654 ASSESSIENT REARING DATE: OCTOBER 19, 1993 SUBDIVISION/AREA: CEDAR GROVE #5 PUBLIC SMOG DATE: June 1, 1993 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. • Feasibility Report VIRAL F.R. TIIiAL F.R. ;ANITART SEWER RATES RATES 111=1-5.1231a• RATES RATES ❑Trunk ❑ Trunk ❑Laterals ❑ Laterals [' Service ❑ Lat. Benefit/ Trunk ❑ Lat . Benefit/ Trunk RUE STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing ❑ Service 0 Res . Equiv. ❑Pat . Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAc ❑ Trail $EROICES STREET LIGHTS ❑ Vater 6 San . Sewer ® Installation s 221.58/lot : $221 .00/lot ❑ Energy Charge CONTRACT • OF INTEREST AMOUNT CITY PO• 7ARCE1S _ tATE `$SESSED MUM $46,956.00 F.R. -0- 199 15 Yrs . 6.5 S $44.759.16 -0- jO NTS: . .7(4 Agenda Information Memo October 19, 1993, City Council Meeting FINAL ASSESSMENT HEARING (CEDAR GROVE #6 & #9 - STREETLIGHTS) E. Project 651, Final Assessment Hearing (Cedar Grove #6 & #9 - Streetlights)--On September 29, the City Council received the final assessment roll for the above-referenced project and scheduled the public hearing to be held on October 19. Enclosed on page 1)(D is a summary tabulation of the final assessment rate as compared to the estimate contained in the feasibility report presented at the public hearing held on June 1, 1993. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to this proposed assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 651 (Cedar Grove 6th & 9th Addition- Streetlights) and authorize its certification to Dakota County. FINAL ASSESSK!NT SEARING PROJECT WEBER: PROJ• 651 ASSESS/OM manic DATE: OCTOBER 19,_1993 SUBDIVISION/AREA: CEDAR GROVE #6 and #9 PUBLIC SEALING DATE: JUNE 1,1993 I1II'ROVE E TS INSTALLED AND/OR ASSESSED: T.R. I. Feasibility Report FINAL T.R. FINAL T.R. SAN/TART SEVER RATES TES $TORN SEVER RATES RATES ❑Trunk ❑ Trunk ❑Laterals ❑ Laterals ❑ Service ❑ Lt. Benefit/ Trunk ❑ Lat . Benefit/ Trunk STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing ❑ Service ❑ Res . Equiv. ❑Lat . Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑VAC ❑ Trail $ERVICPS STREET LI9BTS. ❑ Water & San . Sewer El Installation $263.52/Lot $282.00/Lot • ❑ Energy Charge CONTRACT A OF INTEREST AMOUNT CITY 7ARCE]$ TERMS RATE ASSESSED jIRANCED $ 49,639.00 F.R. 170 15 Yrs . 6.5 % $ 46,379.52 -0- COMM'S: • • Agenda Information Memo October 19, 1993, City Council Meeting FINAL ASSESSMENT HEARING (CLIFF ROAD & RAHNCLIFF ROAD) F. Project 609, Final Assessment Hearing (Cliff Road & Rahncliff Road - Streets & Utilities)--On September 21, the City Council received the final assessment roll for the above-refere „it_ project and schedule a public hearing to be held on October 19. Enclosed on page is a summary tabulation of the final assessment rates as compared to the estimate c ntained in the feasibility report presented at the public hearing held on August 6, 1991. A neighborhood meeting with all affected property owners was held on Thursday, October 14. Enclosed on pages through a-is a summary memo of that meeting with any issues that were raised and iscussed. City staff will be available to further discuss any concerns at the public hearing on October 19. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 609, Cliff Road and Rahncliff Road - Streets & Utilities, and authorize its certification to the County. n ''') FINAL ASSESSMENT swum PROJECT NUMBER: PROJECT 609 AgSESSRERT mum DATE: OCTOBER 19, 1993 SOBDIVISIOA/AREA:, CLIFF ROAD AND RAHN CLIFF ROAD PUBLIC IIMING DATE: AUGUST 6, 1991 ffiROVNTS INSTALLED AND/OR ASSESSED: • . , P.R. • Feasibility Report VIRAL T.R. TIDAL T.R. SANITARY SEVER RATES BATES DT'OBM SEVER RATES RATES ❑Trunk _ ❑ Trunk • Cliff Road $15,092.27 $ 8,937.00/parcel ® Laterals Radler $15.052.34 115.943.00/oarcel ❑ Laterals • Park ❑ • El Service • Lat. • Benefit/ Trunk ❑ Lat. Benefit/ Trunk ICU STREETS ❑Trunk ❑ Gravel Base Cliff Road $ 9,626.75 $ 9,405.00/crossing Cliff Road $ 76.60/ff $ 79.38/ff ❑Laterals Rahn .$ 4.464.21 _t 7,47n nn/rrnssing ❑ Surfacing Cliff $��Q a�/er =��a Lc/fir Cliff ... Center . $9,247.14/L.S. =13,107.00/L.S. ❑ Service Res. Equiv. ❑Lat . Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC © Trail $ 2.26/s.f. $ 2.13/s.f. SERVICES STREET LIGHTS • ❑ Water 6, San . Sever ❑ Installation ❑ Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY --__EL___ PARCELS _TERM!_ EATE £„SSESSED 7IRARCED $485,358.50 $136,918.50 F.R. 32-26 34 10 Yrs . 6.5 S $495.143.74 $370.538.10 frO)O NTS: . • n MEMO _city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: OCTOBER 15, 1993 SUBJECT: CITY PROJECT 609 (CLIFF ROAD & RAHN CLIFF ROAD RECONSTRUCTION) NEIGHBORHOOD MEETING The property owners affected by the reconstruction of Cliff Road and Rahn Cliff Road were invited to City Hall for a neighborhood meeting at 4:00 p.m. on Thursday, October 14, 1993. Three property owners representing 8 parcels affected by the project were in attendance at the neighborhood meeting. They are as follows: NAME ADDRESS PARCEL # Ronald Kazdia 2110 Cliff Road 012-03, Section 31 011-03, Section 31 Tom Gallagher 1200 West Hwy. 13 Lot 2, Block 1, Cedar Cliff Commercial Pk. 2nd Burnsville Addition Lot 2, Block 1, Rahn Cliff 2nd Addition Lot 1, Block 2, Rahn Cliff 2nd Addition Lot 1, Block 1, Rahn Cliff 3rd Addition Lot 2, Block 2, Rahn Cliff 3rd Addition Mike Havenkamp 1990 Rahn Cliff Rd. Lot 1, Block 1, Rahn Cliff 2nd Addition Staff explained in detail the total project costs and the methodology used for the allocation of proposed assessments to their particular parcels. The representative from the radio station along Cliff Road (Ron Kazdia) stated the radio station's position with respect to the sewer and water service which was provided to their property. The radio station was and still is of the opinion that a sanitary sewer and water service stub to their property is of no benefit to the current user of the property. As a result, they are in opposition to 1 1 paying for the sewer and water lateral service that was provided. Mr Kazdia did not voice opposition to the proposed street assessment for Cliff Road but stated the radio station would be submitting a written objection to the sewer and water lateral service final assessment charge. Mr. Gallagher represented Lot 2, Block 1, Cedar Cliff Commercial Park 2nd Addition which is located at the northeast quadrant of Scott Trail and Cliff Road. Mr. Gallagher voiced opposition to paying for street improvements which restricted his access to his current office building use. Mr. Gallagher stated that when leases were coming up for renewal with his tenants, they were relocating simply because of the restricted access to Scott Trail. His tenants continue to voice opposition to the closing of Scott Trail and, as a result, said he would submit a written objection to the street assessments proposed for Cliff Road. As noted above, Mr. Gallagher also represented four parcels associated with the Rahn Cliff Road reconstruction improvements. Mr. Gallagher stated at the meeting that he was not in opposition to the proposed street assessments for Rahn Cliff Road. Mr. Havenkamp represented the parcel located at the southeast quadrant of Rahn Cliff Court and Rahn Cliff Road (Lot 1, Block 1, Rahn Cliff 2nd Addition). Mr. Havenkamp's interest was in the methodology used to spread the assessment proposed for Rahn Cliff Road. Staff explained that the area assessment proposed for Rahn Cliff Road was based on the total cost of the Rahn Cliff Road reconstruction south of Cliff Road spread over the area of the nonresidential properties which take access to Rahn Cliff Road. Mr. Havenkamp questioned why the assessment wasn't spread to the residential areas to the south of Rahn Cliff Road located adjacent to Pin Oak Drive. Staff explained that the existing condition of Rahn Cliff Road south of Cliff Road was sufficient to serve the residential areas located to the south along Pin Oak Drive. The commercial and retail development adjacent to Rahn Cliff Road are the uses which cause the need for the widening and channelization of Rahn Cliff Road south of Cliff. The meeting adjourned at 5:00 p.m. )0.4. Assistan Sity En i eer MPF/jj Enclosure: Exhibit 2 0 . . --... ••••••••:::::::::::::::.•I:::::::::::::::•::::::.::::::::::...,. 3.,t ,... '':::::::::••• • ASSESSMENT AREA FOR ...::••.•:•:. ::::::::::::::::::::.::::::::::::::::::::•:•:•:•:•:•:•:.:•:•........ — •••••• :::::::::::::::•:•:::•:•:•-:::::::::::::::::::::::::::::::................... . RAHN CLIFF ROAD ::.:::::::::::::::::::::::::::.•:•:::•::::::::.::::::::::::•:.:::::::::.::::::::::... ................::::::::::::::::•::::::::•:•:.:::::::::::::::::::::::::::...................:::::.:....... 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ASSESSMENT AREA approved: plate it : 7 19I FIG. RAHNCLIFF ROAD - - —§— PUBLIC WORKS I (i CITY PROJECT NO. 609 1 MI:r1-:, DFPARTMENT _ +� ' Z •Nrs „B X3 3 — F-1 It o1 FIB-- N a � $ Vn I 0 w d z I v I a ¢ III ( COD ce �'n a H II `�' W OU . - m r- • O J 31~" Z II W I ZF O Y O :�72. f (n —j 1 I1 Q 6'43----. .F ( Q v — o u) Q add _ z cn Z J w 2 O - O W 4 O IfN/ S 77: W a r Fa-- � F C �N W �� mo p 'r �I W Z Y O K LL I � J • ( r' u a 1 11 te z Y O m II I a v LL n.. t U J - p Q ava 7 W udoa , _ tt-'2 o -0 • 1� 1 � I S �!J IX N 2 W I J . . i a �: I r O �, _ I O O � I a � O Q y i .0_ cc a _ a Z ,i1._ `-- +4'111. W Q t J `1�i d z 3 (I ll a - y 1- W a W ccW N zo Wo �' .9 ad vWi ¢ Z H o II m a a��/p — 41 Q ax ( zQ m J Mn6 Y Z F- tQi� 3 w o I oil e.) O 0 tail S a o I II LL 2 1III w W a a y ` . 1 80 1�31N30 a I - OdOa —_ + S1ODIN )1811c1 \ t ill -------■---.7 —7- X O O Q O Agenda Information Memo October 19, 1993 City Council Meeting VACATION (LOTS 23 & 24. BLOCK 1. LAKEVIEW TRAIL ADDITION) G. Vacate Drainage and Utility Easements, Lots 23 & 24, Block 1, Lakeview Trail Addition--On September 21st, the City Council received a petition from the developer of the above-referenced lots requesting the vacation of the common lot line drainage and utility ements as well as the pondinn,easements for Fitz Lake as shown and described on page . Enclosed on page g v is a letter from the developer's representative requesting Council consideration of this request. These easements are being replaced by similar easements dedicated with the Lakeview Trail 2nd Addition which Aceived its final plat approval by Council action on September 21st. Enclosed on page is a copy of the Lakeview Trail 2nd Addition showing the rededication of these easements. All notices were published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described and authorize the Mayor and City Clerk to execute all related documents. It 1.0 I/�O t� v V V N I O) °,7t o) h" t IAN 8 � 7 ,V. 96, ��: OUTLOT A EASEMENTS TO BE VACATED: 5643°0 Shp., , �g14 ALL EASEMENTS WITHIN LOTS 23 & 24, ;�7�s ya6. c�6� ( 1.5 �'�^ c BLOCK 1, LAKEVIEW TRAIL ADDITION. ..- DDITION. ` "10 cl��\ 3.79 t39�� 4`45' . 7 \ 'I/ / 4t) C, /o t I 3 0 kt \ rn 3 , : ::.:�57 46:› ,, 5 Pl./ /' I I .� X01 �� 2 per 3 < ' • `. :::. O �N. 1p O / /°"� d' NI I O N N� `� , Qi N c *; `,3 / l� Iry li N \ / h V ` sx :1N r 24 d 9� ,.... \ \ 1245 I Iv) 112 _- iio 82.40 ` :� �S \'. C�' 0/Dr/Li /� , J _ �i 4_9.3Z \ :.. . R�`�4�� S Tgr - :_; J.% ��, :..• .46 - - - 0 .28'� ��ry� • � .. A= 78°34'27" 47 6. �/ Z�. : ?�' �' � 7' e 46' 1 r 1 7al \ C. • •,1 I :: °trj` /' I q t • ► 1 78.46 . `. �.') I .. c4c /.�, h i1 I 115 51 \ D i :ill 4 �v II p' ' bi i n 1 : 1 11 1:\ V . /° I I -- I - o O.\ M :• f p it`I I 1 23 r "1I 1s I I 2� 1 w 11 J � EASEMENTS TO BE VACATED T. . 9 1 j403 �,ti' 22 I 4: _ Its 5 , 20 IQr. A...::... ...:::::: ......-------- - r- 0 Q i?:::::::::::::::::::::::::: o AAKv`��N Z :'•; � n A N O Z 1 P o N water tf v- 104 45 or,� it,)159Z, = 911.307&; �!.4•✓/2�.•%919 ::::::::::::::::::::::::: C4(i......„) lot- PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects -41( engineering ** RECEIVED M Y 6 1993 May 5, 1993 Mr. Tom Colbert City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Lakeview Trail Addition Easement P.E. Job #92255 Dear Mr. Colbert: Would you please have the City Council vacate the easements that are located within Lots 23 and 24, Block 1, Lakeview Trail Addition, as soon as possible. The reason for this request is that these lots are being replatted into Lakeview Trail 2nd Addition and these easement will not conform to the new lot lines. The new addition will rededicate the easements. Enclosed is one (1) copy of Lakeview Trail Addition and Lakeview Trail 2nd Addition. If you have any questions or require additional information, please call me. Sincerely, PIONEER ENGINEERING, P.A. �. Bill Rogers, RLS HWR:blh 2422 Enterprise Drive • Mendota Heights, Minnesota 55120• (612)681-1914 • Fax 681-9488 625 Highway 10 N.E. • Blaine, Minnes to 34 • (612)783-1880• Fax 783-1883 s! Is titj , I R' 4 1 !Ai l� Pi• i lii. t i t S l • i >i 1 i _ ;iii �, I 1, till •i � F. 1 _ , es2s It = 1111 1 E 1 ! C i I ill!! it Si `1 I # _ 11 • ill i• 1 1 i i 1 I . i I 01: l'il il 'III 11 a 1 1 I 1 a 1 i I III ' I ,� i� ictis li i ; , j 1 11 1 =1 .. i s !Ili 3 , i l= i 11 • •iii= ill i S1i 1 I ! I li • f ! • ti-t= ii i �;I II i1 1, ; 3 1 3 I: I -tai _' i = i 1 it 1 ! 1I !IItt1 iiU I I i 1 11 r.. • i t i l 7, : 'F ; ' i 1 � #1Iii if • 1 .i ! I !J mil D OP= CI MMO < tl T.L1111 - z ! 1 Iii' • • = N I Oil _ J e II i y 1 cr rV W •r a I > / .4 r. ikbGpt. I ` I , W / .c':t �r #•, t �..e...nn Qi4 P. w r• • r•... 1p 8 ONOd t: /4 •. ,!�ti "...-•t�: 7,7-' / —_ iK.... / i. � • .. Iw .�::„ 7. Z� / a^�°. /', EZ:`'?,L t1/ �` __•.-. `� �, tr�e�� .,/ r ' . ` _ A � J t 0 ,,,e... CZ lii.wiI !l I I -c -7.---" ii\c......,. ‘ : 1- 4 It h 1;E 1 01.....___ ____. li I IX It di II Agenda Information Memo October 19, 1993 City Council Meeting VACATION (LOT 2. BLOCK 2 RAHNCLIFF 3RD ADDITION) H. Vacate Utility Easement, (Lot 2, Block 2, Rahncliff 3rd Addition)--On September 21st, the City Council �geived a petition to vacate an existing utility easement as shown and described on page ''O and scheduled a public hearing to be held on October 19th. Also enclosed on page ja is a letter from the property owner requesting consideration of this request. All notices have been published in the legal newspaper and sent to all potentially affected agencies. The only utility being affected by this vacation is the City of Eagan. There currently exists a 16" trunk watermain that needs to be relocated to accommodate the construction of the Holiday Inn Express building on this lot. In order for this utility to be relocated, the Public Works Department is requiring the execution of a construction agreement, detailed plans and specifications, a cash escrow account and dedication of a replacement easement. At the time of this report preparation, these requirements have not been fully complied with. The status report will be provided at the time of the hearing and, if still not fully resolved, it will be recommended that this public hearing be closed and the vacation approved with conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To close the Public Hearing and approve the vacation of a public utility easement as described over Lot 2, Block 2, Rahncliff 3rd Addition subject to the following conditions and, if approved, authorize the Mayor and P Y City Clerk to execute all related documents. Conditions: 1. Relocation of the existing watermain under the terms and conditions of an executed construction agreement. 2. The conveyance of an acceptable replacement easement with all required recording documents. 3. Execution of an Escrow Agreement. Description Sketch r r 10' • HOSPITALITY BUILDERS, • \\ . itui, iv N CO&RT - - -_ It'30a •. . A / 4 / 4 _ . 0 )` Y :1 4. 0?, / r 3 / f % I • 7 • S. 2 / V. I640./644:41. 1.1--.:* 1LS S';' C 4o�/i t�N _..160.x •1 , S 1 gi / ____t/.6// 'W ( • • ,T 1----.--...-1 1 1 I V.. • EASEMENT TO BE VACATED IN LOT 2, BLOCK 2, RAHNCLIFF 3RD ADDITION The 30.00 foot wide drainage and utility easement as platted in Lot 2, Block 2, Rahncliff 3rd Addition, Dakota County, Minnesota, the centerline has a:bearing of North 49 degrees 17 minutes 58 seconds Nest. Also that part of the drainage and utility easement in said Lot 2, the northwesterly line of said t has a bearing of North 40 degrees 16 minutes 26 seconds East, lying northeasterly of a line parallel with and distant 203.96 feet southwesterly of the northeasterly line of said lot. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om du Registe • Lon- Sur •r under the lows of the Slate of Minnesota. Doted this day of 9 fa.41 ir / / i -obert B. Sikich, L.5. Mn. Reg. No 14891 2422 U.t.pb6 01w •41*4, win0ete NN4rts.twt 55120 *mores ill u.11.ms.•e. 012)et1-1514 FAX 561-5466 4< angi sort g ..w•.M•use. e+ 625 44..o 10 NE >< * . . 012)YM 115.3. *4,* . , (612)763-IM0 FAXTB3-1663 4 Hospitality Builders, Inc. P.O. Box 1565 506 S. Wilson St. • Aberdeen, SD 57402-1565 FAX 605-225.4367 605229-5945 September 21, 1993 City of Eagan Eagan, MN RE: Holiday Inn Express Eagan, MN TO WHOM IT MAY CONCERN: We are requesting the vacation and relocation of a utility easement located on Rahncliff Court, Lot 2 , Block 2. It is important for the success of this project that this easement be relocated as it hinders the construction of the motel. The easement as it sits now runs directly under the lobby of the motel. After discussing this with the city engineers, it was their suggestion that we relocate the water easement to the northwest property line. We are prepared to absorb all costs incurred with the vacation and relocation. The relocation of this utility easement will not affect any other property owner; therefore, we are hoping for a favorable decision. Sincerely, HOSPITALITY BUILDERS, INC. . L I. L, Joh/J . Eok-` es Vic- President Project Administrator JJK/pjb Agenda Information Memo October 19, 1993 City Council Meeting VACATION (BIRCH STREET AND TRAILS END ROAD1 I. Vacate Public Right-of-way,(Birch Street and Trails End Road)--On September 21st, the City Council received a petition to consider the vacation of portions of Birch Street and Trails End Road as,shown and described by the document contained on page . Enclosed on page (1... .is a letter from the developer requesting consideration of s request. All notices have been published in the legal newspaper and sent to all potentially affected agencies informing them of this public hearing. As of this date, staff has not received any objections to this requested petition. However, the vacation of this public right-of-way should be coincidental with the final plat approval for the Woodlands 4th Addition where replacement public right-of-way will be dedicated. It is anticipated that the final plat approval for this subdivision will be considered earlier on this agenda. If for some reason the final plat is not approved, the public hearing should be closed but Council action should be continued to be concurrent with final plat approval. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/continue the vacation of portions of Birch Street and Trails End Road as described and if approved, authorize the Mayor and City Clerk to execute all related documents with a condition that the vacation be recorded concurrently with the final plat of the Woodlands 4th Addition. P . F s • e ca ZS 3Z L`' g < -,- • ''E l' ! ' o � u` ` - dpi a c o�c s . " " 3 � ` e a = IIIA iiot 1- i $ Cc a x� ...a c O D ., r 2 ia_ ^ „ 4 C O L a V V v ` c E � 1; 1 �„iz o Z L o � p ii ii _ 'H .3 4 _jr5 C \ Z. vvi < N `•n 7 0.G u 41: `Y W O 1 J Q 3 a`o3 U_al u=�� d •c.:, c'CZw • p �.. c --� ENGSTROJ'1 COMPANIES ----� ROBERT RECEIVED JUN 1 g 1993 June 16, 1993 Mr. Mike Foertsch Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mike, Enclosed is a petition for vacation of right-of-way for portions of Trails End Road and Birch Street. The petition should be considered part of the application for platting of The Woodlands 4th Addition. We would like the petition to be considered at the same time as I am sure the vacation will be a condition of the final plat. The justification for our request is as noted above. Thank you. Sincerely, oward R. Kyllo HRK:kcd Enclosures • LISTS 4801 West 81st Street • Suite 101 • Minneapolis, Minnesota 55437 • (612) 893-1001 Agenda Information Memo October 19, 1993 City Council Meeting OLD BUSINESS .............................................. ............................................... .............................................. ............................................... PROPOSED ORDINANCE AMENDMENT/SPLATBALL INDOOR A. Proposed Ordinance Amendment/Splatball Indoor — A proposed Ordinance Amendment, Chapter 10, section 10.10,Dangerous Weapons and Articles(Splatball Indoor) and amending City c,..9 as, Chapter 6, entitled "Other Business Regulation and Licensing". Enclosed on pages through /00 are two draft ordinance amendments for the Splatball Indoor facility. The first amendment to Chapter 10 provides an exemption for paint ball guns from the dangerous weapons discharge requirements. The second amendment to Chapter 6 of the City Code provides for the licensing of paint ball sport facilities except the licensing, as well as the operational requirements for a paint ball sports facility. These amendments have been prepared by the City Attorney's Office in consultation with the Community Development and Police Departments. The definitions set forth for the terms used in the licensing ordinance have been derived from terminology used in the International Paint Ball Players Association literature furnished to the City Attorney by the developer of the Splatball facility, Mr. Nordberg. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt an amendment to the Eagan City Code, Chapter 10, section 10.10, regarding Dangerous Weapons and Articles and by adopting by reference, Eagan City Code, Chapter 1, and section 10.99 and to adopt an amendment adding section 6.47 to Chapter 6 regarding paint ball facilities and by adopting by reference, Eagan City Code, Chapter 1, and Section 6.99. q3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10. 10 REGARDING DANGEROUS WEAPONS AND ARTICLES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10. 10, to read as follows: Sec. 10 . 10. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Definitions. A. "Use" means, with respect to a weapon, to brandish assault with, threaten with, or otherwise employ in a manner calculated and likely to cause death, bodily harm, or the reasonable and immediate fear thereof. B. "Weapon" means, any device designed as a weapon and capable of producing death, bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death, bodily harm, or the reasonable and immediate fear thereof. "Weapon" includes, but not limited to, Chinese throwing stars, nun chucks, sharp stud, metal knuckles, sand club, switch blade knife, trench knife, butterfly knife, stiletto knife, or any double edged knife, and any firearm or gun or explosive. Subd. 2 . Firearms Regulation. The provisions of the Minnesota Statutes regulating firearms, and as they may be hereafter amended, are incorporated into this Section. It shall be a violation of this Section for any person to engage in any conduct proscribed in the incorporated statutes. Subd. 3 . Acts Prohibited. It is unlawful for any person to: A. Recklessly handle or use a gun or other weapon or explosive so as to endanger the safety of another. Among the actions and circumstances that may support a reasonable belief that a person's conduct is reckless are the following: q(-1 1. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or 2 . Intentionally draw a loaded firearm from a pocket or from a holster, sheath, bag, or other container. B. Manufacture, sell, transfer, possess, carry or control for any unlawful purpose any weapon as described in Subd. 1 (B) ; C. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another and; D. Sell, transfer, carry, control or have in his/her possession any device designed to silence or muffle the discharge of a firearm; or, E. Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside the parents or guardian's presence, a firearm or air gun of any kind or any ammunition or explosives; or, F. Furnish a minor under 18 years of age with a firearm, air gun, ammunition or explosive without the written consent of his parent or guardian or of the police department. Subd. 4 . Exception. Subdivision 3 of this Section shall not apply to: A. A display of fireworks by an organization or group of organizations operating under a permit issued by the Council pursuant to Minnesota Statutes, Section 624 . 22 . Proof of liability insurance in an amount set by Council resolution shall also be required. This insurance shall name the City as an additional. insured party. B. A person in the lawful defense of person, family or property. C. The discharge of firearms in an approved firearms range operating under a permit issued by the Council prior to August 15, 1989. D. Law enforcement or military personnel while in the course of their duties. n '�1 E. Any person participating in a special hunting season, which season may not conflict with State law or regulations, established by the Council for purposes of wildlife management. Any person under 18 years of age participating in a special hunting season organized by the DNR and established by the Council, for purposes of wildlife management, must be accompanied by an adult selected to participate. F. Any person. not less than 18 years of age, actively participating in a game of paintball within a licensed paintball facility under Section 6. 47 of the City, Code. Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor vehicle unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Subd. 6 . Possession and Sale of Fireworks. It is unlawful f or an y person to sell, possess or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 7 . Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches. Subd. 8 . Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or by any person participating in a special bow and arrow hunting season, which season may not conflict with State law or regulations 9 (0 established by the Council for the purpose of wildlife management, or such other place during such time or times as authorized by the Council. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: (:()." ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.47 REGARDING PAINTBALL FACILITIES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter is hereby amended by adding Section 6. 47 , to read as follows: Sec. 6. 47 . PAINTBALL SPORT FACILITY. Subd. 1. Definitions. A. Paintball means a round, thin-skinned gelatin capsule filled with a non-toxic, non-caustic, water-soluble and biodegradable colored liquid specifically designed and manufactured to be expelled from a paintball gun. B. Paintball Facility means any building, structure or location at which a paintball game is played. C. Paintball Game means a game or sport, for adult recreational purposes, of which the objective is to tag opposing players with a paintball expelled or discharged from a paintball gun. D. Paintball Gun means a gun from which . 68 caliber paintballs are expelled by the use of CO2 pressure set for a maximum velocity of 250 feet per second. Subd. 2 . License Required. It is unlawful for any person to operate a paintball facility without first obtaining a license therefor from the City. Subd. 3 . License Application. All applications for a license for the operation of a paintball facility shall be made on a form furnished by the City which states, among other things, the name and address of the applicant, the owner and operator of the paintball facility, the name and address of the paintball facility, and the approval by the City Fire Marshal and City Police Chief of the paintball facility. Subd. 4 . Licensing Requirements. No license shall be issued hereunder unless the following conditions are met and any license issued hereunder shall be subject to the following conditions: A. The paintball facility shall provide solely for indoor paintball games; no paintball game shall be played outdoors. B. No person may discharge, or otherwise fire, a paintball gun except on an indoor paintball field while engaged in a paintball game. C. No person shall discharge, or otherwise fire, a paintball gun at another person who is not equipped with protective face gear as approved by International Paintball Players Association (IPPA) . D. No person under 18 years of age shall participate in any paintball game or be in possession of any paintball gun on the licensed premises. E. No person shall carry a paintball gun while off the paintball field without the barrel plug engaged. F. Paint guns not meeting the definition set forth in Subdivision 1 herein, are prohibited on the licensed premises. G. The paintball field on which the paintball game is played shall be at a minimum of 7, 000 square feet. H. The licensee shall provide all persons engaged in a paintball game with protective gear as recommended and approved by the IPPA. I. No alcohol shall be present on the licensed premises and the licensee shall prohibit any person reasonably believed to be under the influence of alcohol or a controlled substance from playing paintball on the premises. Subd. 5. Non-Compliance. Failure to comply with any licensing requirement set forth in this Section, or any other violation of the City Code, shall constitute sufficient cause for the termination of the license by the Council following a public hearing. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. qCA Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 1,91C1 Agenda Information Memo October 19, 1993 City Council Meeting CONDITIONAL USE PERMIT/SPLATBALL INDOOR B. Conditional Use Permit, Splatball Indoor, to Allow an Indoor Recreational Use in a CSC (Community Shopping Center) District at 3820 Sibley Memorial Highway--City Council action upon this conditional use permit request had been continued to allow consideration of required City ordinance amendments and licensing requirements. If the Council approves the proposed City Code amendment set forth in the previous item VI. A, it would be appropriate for the Council to then approve the conditional use permit. The original staff report on this item is included on pages 10 -through(07. The Planning Commission recommends approval of this conditional use permit subject to the three conditions set forth in the staff report and an additional fourth condition: #4 - A clean-up in landscape face implant as approved by City staff shall be followed as economically feasible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow an indoor recreational use in a CSC district on Parcels 050-04 and 060-04 located in the northeast quarter of Section 19 between Cedarvale Boulevard and Beau D'Rue Drive subject to the four conditions set forth in the Planning Commission minutes of August 24, 1993. Page 23/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 SPLATBALL INDOOR CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow an indoor recreational use in a CSC (Community Shopping Center) district on Parcels 050-04 and 060-04 located in the NE 1/4 of Section 19 between Cedarvale Boulevard and Beau D Rue Drive. City Planner Sturm stated that the proposed business will be located in the former County Club Market building. Jim Nordberg, the applicant, stated that the use of the site as a indoor splatball field is a good use as the property has been vacate for years. He further agreed to all conditions recommended by City staff. It is his intent to fence off the receiving area and place berms in the front of the building. Chairman Voracek expressed concern to Mr. Nordberg regarding the need for clean up and landscaping around the building. Mr. Nordberg agreed to a condition that he and the City work out a landscape plan and clean-up agreement before the presentation of the application to the City Council. Miller moved, Merkley seconded, the motion to approve a Conditional Use Permit to allow an indoor recreational use in a CSC (Community Shopping Center) district on Parcels 050-04 and 060-04 located in the NE 1/4 of Section 19 between Cedarvale Boulevard and Beau D Rue Drive, subject to the following conditions: 1. An overall sign plan including elevations shall be submitted for approval and be subject to the one-time sign fee of $2 . 50/sq. ft. 2 . The developer shall upgrade the driveway openings on Beau D Rue Drive to current City standards by constructing concrete aprons at the openings by August 31, 1994 . 3 . The entire parking lot shall be upgraded to current City Code requirements by August 31, 1994 . 4 . A clean-up and landscape phased-in plan as approved by City staff shall be followed as economically feasible. All present voted in favor. LD- SUBJECT: CONDITIONAL USE PERMIT APPLICANT: SPI.ATBALL INDOOR LOCATION: NE QUARTER SECTION 19 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an indoor commercial recreation use in a CSC (Community Shopping Center) district at 3820 Sibley Memorial Highway on P.I.D. #10-01900-050-04 located between Cedarvale Boulevard and Beau D Rue Drive. BACKGROUND: Country Club Market originally occupied the building which is currently occupied by Factory Furniture Outlet (FFO). Recently, the City Council approved a Variance for FFO that allowed signage on three sides of the building, but denied a change to allow signage painted directly on the building. FFO has yet to remove the non- conforming signage. COMMENTS: The applicants, Jim and Carol Nordberg, have operated Splatball Indoor since June 1991. The proposed move to Eagan will accomplish several things which cannot be accommodated with the current location on North Prior Avenue in St. Paul. It will bring the game closer to the majority of their clientele, place the use in a nicer, more visible location, and allow for needed expansion. The Nordbergs are proposing two separate playing fields, a pro shop, storage, and office space. The business operates seven days a week and has a peak employment of four full- time and 14-16 part-time employees during the fall, winter, and spring months. With both fields operating simultaneously,peak total attendance will not exceed 50 people. The site provides 92 off-street parking stalls. The existing building exceeds all Community Shopping Center setback requirements. The applicant shall submit an overall sign plan illustrating all proposed signage and building elevations. GRADING/DRAINAGE/EROSION CONTROL: The storm water runoff from the existing building and parking lot drain in a northerly direction towards Cedarvale Boulevard. The existing storm sewer in this area conveys storm water runoff directly to the Minnesota River. The conversion of this site to an indoor recreational center will not require any modifications to the City's storm sewer system. UTILITIES: Since the existing building is currently served with City sanitary sewer and water service, no additional utility work is proposed. The existing hydrants in Cedarvale Boulevard and Beau De Rue Drive provide adequate fire protection to the site. STREETS/ACCESS/CIRCULATION: The existing parking lot on the southeast half of the site has direct access to Beau De Rue Drive. Currently there are two driveway openings connecting the parking lot to Beau De Rue Drive. The Developer shall upgrade the driveway openings on Beau De Rue Drive to current City standards by constructing concrete aprons at the openings. City staff recommends that the entire parking lot be upgraded to include concrete curb and gutter around the outside perimeter of the lot to control drainage and to define parking limits. Currently only portions of the parking lot have existing curb and gutter around the perimeter of the lot. The new concrete curb and gutter should be located at the proper setbacks from right-of-way and property lines. The existing parking lot on the north edge of the site has a shared driveway access that connects to Cedarvale Boulevard. The Developer shall submit to the City a plan to reconstruct the parking and drive aisles to improve circulation by May 31, 1994. The design of the new parking lot will increase the green space area by removing paved areas that are not needed for drive aisles or parking spaces. City staff has met with the Developer to discuss the improvements to the parking lot and the Developer has agreed to construct these improvements by August 31, 1994. EASEMENTS/RIGHT-OF-WAY/PERMITS: The Developer shall obtain cross easements for the shared driveway along the north edge of the site. FINANCIAL OBLIGATION-C-U-P-19-CU-20-7-93,10-01900-050-04 AND 10-01900-060-04 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None IDLcl If approved, this Conditional Use Permit shall be subject to the following: 1. An overall sign plan including elevations shall be submitted for approval and be subject to the one-time sign fee of$2.50/sq. ft 2. The developer shall upgrade the driveway openings on Beau D Rue Drive to current City standards by constructing concrete aprons at the openings by August 31, 1994. 3. The entire parking lot shall be upgraded to current City Code requirements by August 31, 1994. 1 / � ; ' ' il� / , . ,^ � - ; , / ,, .5 f . ' _�- / ' '" % I l / 'f; // 1 • - • ' e/ .j—. _._ ' r >e, f / ./. _ I // (`^\ s4:r' // - / 1 / / .7 ,:e , " ' ,' • / „ ,, �' , . _ // i -/1/- PQ� 6 PROPOSE 1 >` /S �Q 1j_ �„ SPLATBALL .- 1 I - -)/(4 / I ,/ 1; `\ \;'\ �.. 1 , -- -.- + C I • -. /(/i r/' \ , 1 ' // ,, / .f I 1'AftAIN� 1 // �ri / ' , . 1 ,5 ` 1 \ fi.\. ` / P • • • / /' I , �d� / so t� / / s .! , / .9 ,• t ` / f1 rr 9 CEDARVALE a• •\ o A ° / ° LANES tt� , �. . , , • /(1' `„. . : , - ,.- r c 4 - � _ 1 A.. C\ \\ I� / I,AItK1k- G - v 1 , i ff J�¢j'I • ,`• '< 1, , ,_... ,. H* f ‘, 'N ',/ ; . _ •• . / ,.1/> / M 1 • . .✓1,4,/ , 11 H. �/ / \,....,.. .' 1* \I / , _ .‘4.:1 4, / i ', 796.9 - / \ \-,e ,/ //' \:i I Ii*,111,/ ,�(' ./ �/ /jr.�' \\ 11/I'7 , �/ // 1-• i„• ,I '• ..; , 1 '1 / �__/ , , �/ r '' \ \ / y - _ \ N / • • , 'ti; 4 is 1 - - - - - ` ' ,. , ) �{�"1- .\ \\\ _\, . • I y w Agenda Information Memo October 19, 1993 City Council Meeting AMEND FINAL PLAT CONDITION/LEXINGTON POINTE 8TH & 9TH ADDITIONS C. Amend Final Plat Condition, Lexington Pointe 8th and 9th Additions--Staff requests that the Council continue this item indefinitely and have not yet received a revised grading plan from the petitioner. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely the amendment to the final plat condition for Lexington Pointe 8th and 9th Additions. -C)O \� `��s°'gip` ? e` a �'v r9e,/ \ N iP=39 // , 5s. / 'let ,(214D \/ 'A-n AP-38\ 596':3 . , _A_NI, "2. / 4- k- ",/0//CALL \ ig 8 (11 'OA G �- B4/.4 �l 7o,ti sr.• �+ 1.\ .� 147: AQ? �0I "`\`r0 Pt r41Qf �QAP-5 • F ∎./)1w,, .■_`_ _/ST A. • f 11 _( GAN ME1 f_fyl.,:_$.JJ.r r.._J':___�' . \," Armm I , a\ AIL yS 6 1, N1.11:•/:. �ri� 1r 1., r OU. \\ B /.,u Ei .. 1 1 +\ `� _ gyp• N,/p0 f 4 a.1 1 '-"� t t n �' °•° '�► r0E .803.6 f,-, :;)•_. .1 I r j i.._, .y 4 t l { I' (1* --- ..II r„1 U t\t, � `� cGr+1Y y "�'� ; � l�A-k(��`,,�I� •',�'f j�r �"�'I(I ''• j ti-1 Jar'/ V ;II(' 796;.44�1K Li. !4� 11 J • 4C) P� ' '' rr ^(' A-CC -- r.` lb - . /;;---r.-_ ' , 4.0. _ \-: . - / E: D .P A�1 f - �6; " Ti72- : 11-:136 4115.-.5 ,, " .to 71047.1:■ r rr ♦ Alu 7..t, ,,,,<--A'.^) �?� Vii'-*/ ,> �! // TITS r- I 1�1\\ JI SITE ry 1 .1t Att - iAGAta AP-4\i". ._.�� o L N• .^ i, _ '�I4 THt -� \, A 886.3 , 1 .1,j / •° �T �''t�' ��EEi� 890.6 , x. fr`QR! 1 (I! c ;y3 9,-L P..Ii / � 5 i I u x e e6o �. VA-7P- 7� Q LTA'JII I ,1-11 "� r 1i 11 �ur.i0r1 69. : 1 Ir1plIF { -Q r�iGM W T'�; ' � [1II]`u I��B891 j 19 '�R•82 I t- .I I =9.3.9, ,� `— ► i�00L 2I 884.5 y,� t t • ' ' ' ''=.A• � .•1.-dill , r °4 r\ 1 . 1 FIGURE No. 17 STORM SEWER LAYOUT • . MAP . . • CITY OF . EAGAN ___ ( 07 Agenda Information Memo October 19, 1993 City Council Meeting DETERMINATION OF SIMILAR USE FOR GROUP HOME D. Determination of Similar Use for Group Home, Lot 5, Meadowview Addition, Located Along the South Side of Meadow View Road in the NE 1/4 of Section 8--At its meeting of October 5, the City Council considered a proposal from Mr. Ferris Glover to develop Rule #6 Group Residential Facility/Maternity Shelter in a house located at 3105 Sibley Memori Highway. The original staff report on this matter is enclosed on pages 4&throught The Council requested additional information regarding the surrounding land uses in the area as well as information regarding the option of extending Mr. Glover an interim use permit. Staff reports concerning the surrounding land uses and the potential option of granting an interim use permit are enclosed on pages //' through/20. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny one of the three options set forth to address Mr. Glover's request to develop a maternity shelter: 1) to approve or deny an interim use permit (a five-year termination date is suggested by staff.); 2) To approve or deny a determination of similar use and direct consideration of a rezoning and conditional use permit for a maternity shelter in a limited business district; and 3) to approve or deny the initiation of a zoning code text amendment to ermit maternity shelters P tY within light industrial districts as a conditional use in the City. I C)C MEMO _city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 30, 1993 SUBJECT: DETERMINATION OF SIMILAR USE FOR A RULE #6 FACILITY (MATERNITY SHELTER) The purpose of this memorandum is to provide the necessary information that the City Council will need to determine the proper zoning classification for a Rule #6 Group Residential Facility (maternity shelter), as well as to outline the policy direction that the Council wishes staff to pursue. BACKGROUND: The Community Development Department has been approached by Mr. Farris L. Glover, President of My Homes Inc., who would like to develop a maternity shelter for high risk pregnant females 18 years of age and older in an existing residence located at 3105 Sibley Memorial Highway. Attached are copies of Mr. Glover's August 26, 1993 letter describing his proposal and the details of both the program and his own credentials, as well as the state statutes governing maternity shelters. The property under consideration by Mr. Glover is zoned Light Industrial and as such, the house originally built in the 1950's is a non-conforming use. Because the Eagan Zoning Code permits expansions of non-conforming uses, this house has been permitted to be extensively remodeled and expanded over the past thirty years. It is now a rather large and imposing residential structure surrounded by low density industrial uses. There is one other non-conforming residence located to the northeast of this house. The Eagan Zoning Ordinance currently does not specifically make provisions for maternity shelters or other types of residential facilities such as group homes. (Note, however, that community residential facilities with six or fewer residents are permitted by right in any single family residential district by state law.) t �� The City Zoning Ordinance provides that in the event a specific use is not cited in the ordinance, the City Council may determine where such a use should be permitted by considering similar uses. In 1985, the City Council considered the appropriate zoning for the battered women's shelter, the Robert B. Lewis Home. At that time, the Council determined that that shelter should be permitted as a conditional use in a Umited Business district. It would appear that the Council determined that the battered women's shelter was similar to a nursing home which is also permitted as a conditional use in a Umited Business district. The L-I (Umited Industrial) district is intended to be a district in which light manufacturing, wholesaling, automobile painting/repair, offices, machine and welding shops, restaurants, trade schools, etc. are to be permitted. As currently constructed, the L-I is not intended to permit any type of residential or quasi-residential activity. Nevertheless, Mr. Glover would like the Council to consider permitting him to establish this maternity shelter within this residential unit in this industrial area. Given the current zoning restrictions affecting his proposal, there would be two options available for Mr. Glover to pursue: 1. Determination of Similar Use and Rezonina/Conditional Use Permit. Under this option, the Council would need to determine that the maternity shelter is similar to those uses such as a nursing home, permitted as a conditional use within the Umited Business district. This type of determination would appear to be consistent with previous actions of this Council in the case of the Robert B. Lewis Home. The next step would be for Mr. Glover to request that the home be rezoned to Umited Business and that he be given a Conditional Use Permit to operate the shelter within the LB district. 2. Zoning Code Text Amendment. The City Council could determine that some types of shelters or residential shelters should be allowed as permitted or conditional uses within Light Industrial areas. In this option, a text amendment to the Zoning Ordinance would be required and Mr. Glover's maternity shelter would become either a permitted or conditional use. PLANNING COMMENTS: In deciding how to respond to Mr. Glover's proposal, the City Council should consider the long-range development plans for the industrial area along Highway 13. The City's Land Use Plan has designated this area as industrial for the past thirty years. The specific house under consideration is quite isolated and completely surrounded by industrial activity with the exception of the one single family home to the northeast. The previous owner of the house under consideration apparently used to run his business out of this house, as well as in some adjoining outbuildings on adjacent property. l` \ Another factor to consider is the philosophy underlying the state legislation regarding community residential facilities and community based shelters. Generally,the idea behind the deinstitutionalization movement has been to mainstream individuals within the community and provide as normal and supportive an environment as possible. As such, there may be some question as to whether such an isolated residence as this under consideration is consistent with that philosophy. In terms of pursuing Option 1, the Council may want to consider whether rezoning a portion o f this industrial area to Limit ed Bus in ess makes sense in the long run. Option 2 amending the Zoning Code itself to permit shelters within industrial areas would impact all industrial property throughout the City and this implication should be considered by the Council. CONCLUSION: The primary issue before the City Council is a basic land use policy question: Is the use of this residential structure, located in the midst of an industrial area, appropriate as a maternity shelter? And what precedent, if any, would this establish for the future? If the Council decides to support Mr. Glover's proposed shelter at this location, it should then determine which procedural option to pursue and so direct the applicant and staff. Staff would also note that this proposal has raised several issues that, in the long run, need to be more fully addressed as part of the Comprehensive Zoning Code revision. 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(—;,. \.,I,I!' rill` -.-- 4 .,' � .� 1 • -i-..4....:-./)j1-, +s \ \'ate �.r'•,)„),I„1:14.1kr„1/r;l /v rl 1-, _•vA��'. ) '-. ._ �:�, �J rte,_ - `\ I -!i i"�;'4�;.Y” �Ilr��" d�/4. �j/' \\�\' .I�, 1 I / i��_�•-- ,py._ -i A'`_ I , -i i'e/ / Y --mod' _ � �,i /a' // �// �l I _ o.r, a _+ - 1 1 �''�`'.., '`m �J:L`•i Bpi , '/ // / �%i p[�/\ ".• ___� ^rf'` - �- - \. F-,ii1'1//„<- 't - ,i/////., ”""'►� 1 � /.'.- , �-`=i=`mil `, Y• . , `\\..--`7 -a\\� -r °-_----'-' - f _:ttl,J f -_ -- r\-,. • _/ -_ gt%%4;i3..- J/ �` -�' �' ;`/" i'ls"_ -`, r ,(•-• yr;I; - _ . �i 3' a.a✓$�7 'a 21 , _/ ., ii , \'�`�Y1- 'I at, -/'..• . IP• \•.- + '�::__is .. ,‹L e•,Ir'/1, y/ ' ' /%/ �� a\V *c''71 \� _- r0. Sit i i S.,\., � }\ \' t -4,l r %,,w to, i////11 / e-a: � z-� •off ` -, ; "1i iii/ k"" Q.S\WW i. %;.. - -- -3•\1 ' --. \ - '1 Y +i i-a `∎∎\ I:i-.3 _ _ _ ± = '!,,' / ,......_....____2. ` 0 \ am`/ :, d (,./ 'j/ O E' / // _ I I , .�-. - l 1.. YI / - -1111.I(d ......r; Ito a S a• i a a 'A-,,, 1. '� ,/, fr,/'o• / I(1 \ es �,.,/i'1 \-1�., :' 7... i0'1 • fY r `' _, aa( \!- - p/Tg ,1 I 111//(It ./ /� / 1AA ._at•� ///�/{lo• �i ,:,'3 <*„i 1 •,y ,�, r � - tl `\� ' , 111... 111 1.11 't';/ -��Z� = i, /,,,;, 1 ^Ir��l 1,':f. �.;i��1 _ 3s� ir� r 11.„� r ......(1 i / 1 ( L-( )11. MEMO city of eagan TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 11, 1993 SUBJECT: RULE #6 GROUP RESIDENTIAL FACILITY/INTERIM USE PERMIT In 1989, the City established a process to allow Interim Use Permits to enable the City to address proposed land uses that are not listed in the Zoning Code in any district either as permitted or through the Conditional Use Permit process. The actual definition is: Interim Use - a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. The following conditions are required: a) the use is not already a permitted or conditional use under the zoning regulations; b) the date or event that will terminate the use can be identified with certainty; c) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d) the user agrees to any conditions that the Council deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations and is subject to review on an annual basis. To date, the City has granted only two such permits: 1) James Barker to allow horses on a five-acre R-1 property along the east side of Thomas Lake Road just north of Cliff Road, and 2) the yard waste compost site along the north side of Yankee Doodle Road at the Elrene Road intersection. If this process is followed for Mr. Glover's request, a five-year termination date is proposed by staff. If I can be of further assistance, please let me know. dl� City Planner JS/js MEMO _city of eagan TO: PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: MIKE RIDLEY, PROJECT PLANNER DATE: OCTOBER 14, 1993 SUBJECT: 3105 SIBLEY MEMORIAL HIGHWAY SURROUNDING LAND USE Following is a brief summary of the existing land uses in the vicinity of 3105 Sibley Memorial Highway. The home proposed to be used as a maternity shelter has the above address, but is actually some 500' west of Highway 13. The property has frontage on both Alexander Road and unimproved Meadowview Road. COMPREHENSIVE GUIDE PLAN - The Comprehensive Plan designates all of the developable land west of Highway 13 as Industrial. The area along the east side of Highway 13 is guided a mixture of Residential, including developed D-1, D-II (the four lot seven acre Four Oaks Estate that was rezoned from R-3 to R-1 earlier this year), and a mixture of developed/vacant D-IV property. EXISTING LAND USE - Surrounding land uses include: a non-conforming single family residence across Meadowview Road to the north; Tripp Oil across Meadowview Road to the northwest; undeveloped Lot 1, Block 2, R.L. Johnson Addition adjacent to the west; United Stationers on Lot 1, Block 1, R.L. Johnson 1st Addition across Alexander Road to the west; Lessor's Inc. on Lot 2, Block 1, Sibley Terminal Park across Alexander Road to the south; Eagan Trucking across Alexander Road on Lot 1, Block 1, Sibley Terminal Industrial Park to the southeast; Owobopte Rehabilitation Service and Water Heater Innovations Inc. occupy the two warehouse buildings to the east between the subject site and Highway 13. Other land uses in the vicinity include Safety-Kleen in the Sibley Terminal Industrial Park to the southwest and Lull Engineering to the northeast on Government Lot 2. RECENT DEVELOPMENT/CURRENT STATUS - Development activity in this area has been limited. The most recent development has been an 8,000 sq. ft. warehouse built in 1990 which is currently owned by Lessor's Inc. Other activity has consisted of tenant changes. Anticipated changes in the area include a building expansion for United Stationers and Lull Engineering discontinuing business. 1 / There is a substantial amount of platted, but undeveloped property in the area, as well as unplatted property currently occupied by Tripp Oil. The single family residence is under-utilized as Light Industrial zoned land. Any redevelopment of these two uses will trigger the platting process. Within the last year or two, I have had contact with representatives of United Stationers, Owobopte Rehabilitation Service,and Water Heater Innovations. In each case, business is booming and continued growth is anticipated. Each of these users is located south of Meadowview Road on platted property and further south is the platted Sibley Terminal Industrial Park; however, approximately half of the lots are undeveloped. FUTURE PROSPECTS - It appears redevelopment immediately south of Meadowview Road would be unlikely in the next several years due to investments in, and success of businesses in this area; however, continued success may require expansion that cannot be accommodated on-site or shifts in the economy may result in vacancies in this currently thriving area. Development/redevelopment north of Meadowview Road appears more likely within ten years due to the amount of property currently occupied by Tripp Oil, the non-conforming single family home, and Lull Engineering. As mentioned previously, Tripp Oil and the single family home are under-utilized as Light Industrial zoned land, as well as the southern 500' of the Lull Engineering property which does not contain any buildings. These areas total approximately 12 acres of land that could be developed/redeveloped by a single user or developer. There has not been much industrial development over the past five years and as a result, the City may be approached with a non-industrial development proposal as existing residential and agricultural zoned land is depleted over the next several years. If you would like further information, please advise. 144 Project Planner MR/js • -..,� / ,7�,,• .4•1ii74,:% =_-3';\��I l ,r/O• ,It11I11'�I it, l S 1 } i'?.t � e▪ � �i &l ;Ei . - *• 1. : 7_,{I X11 illt 1-,__ , 1 , , 1/.1///ii,...C ., . ...., . '. 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JJ = \ ? !, n .(�� / // /�� }; ' t , i if PP .- 4. `tom',. r \ I I — / 3,/ vn C/rh _;,,, . -,-.....,-..,...., ,,,,.: -- .1-- 7 - - oe,„„ I�� _ if _. ! { ctrl•r r. . 4 .j _�— / r - s 01 f 1. • .r _ PP ‘. •teas -•'Y r.,. /� D D II /� / . s ! \ . . .t.i.x.:: • .ic .... . . .• 4-7-1 . w•-• v ,4 . r ;4.2, 7��7 t / • .i ' »< / sax_'...,,,1x .r:M w( +,s'�.si.� y X97' V.:ii •/ DOME r+tai a rF n? �:. 9.-.,... r- • 1.9,•,, D. PE 0- s -4 •i. ,� • -1:*-'' .^r± _. Ir.•—=i=it,44-is• • p.l 1, 1-71.1.5k,_. _- ., ... ‘ 44/11P • h. ti 1 �e Z L o,y rs ,d p, �-• 13 II n r �- k� of } \----\.; l` / r''' .� et(4 f r �) r-... 1 b-i iii 1j L NI - I y) 3 - . }r, ,1 PF 1 Islit• ( f3ls�Aa..i I t .� ,.," « l / J . .ate : pF — __ o w D 1 - , rt o f cn l 1, 11\l i 1 /1 PC n t 77 >,Eipp, rr c.i/ . i 1 1 I P L t.. p.p N \ P� t P i \ a..11 t 1°J". 1' is i t^ LAND USE GUIDE PLAN G Agenda Information Memo October 19, 1993 City Council Meeting CRIMSON LEAF TRAIL SIDEWALK E. Ratification, APRNRC Recommendation, Autumn Ridge 4th Addition Condition, Crimson Leaf Trail Sidewalk Requirement--At its meeting of September 7, 1993, the City Council approved the preliminary plat for Autumn Ridge 4th Addition with an additional condition requiring that a sidewalk be placed on the north side of Crimson Leaf Trail to reduce pedestrian traffic on the street. Some residents not at the meeting, contacted City staff to express concern regarding this additional condition and, as a consequence, it was placed on the Advisory Parks, Recreation & Natural Resources Commission agenda for October 7, 1993. For additional information with respect to the Commission's deliberations relative to this item as well as background information on the concerns of certain neighbors and a petition that was circulated relative to this item,please refer to the staff memorandum on pages through . The APRNRC is recommending that the sidewalk on Crimson Leaf Trail be installed consistent with the Council's original action on September 7. Discussion and findings relative to this recommendation are included in the minutes which are a part of the memo. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny ratification of the APRNRC recommendation for the Crimson Leaf Trail sidewalk requirement of the Autumn Leaf 4th Addition. MEMO — city of eagan DATE: OCTOBER 11, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR 2FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION SUBJECT: CRIMSON LEAF TRAIUSIDEWALK II ISSUE Whether the sidewalk construction on Crimson Leaf Trail should proceed given the opposition now voiced by several residents in the area. BACKGROUND During City Council review of the Autumn Ridge 4th Addition, residents attending opposed the extension of Crimson Leaf Trail as part of this subdivision. The City Council approved the Autumn Ridge 4th Addition, with the extension of the street to Dodd Road. Construction of a sidewalk along Crimson Leaf Trail was approved based on the request of residents in attendance. On Thursday, September 23, the Director of Parks and Recreation and John Wingard of the City Engineering staff met with residents to review the implications of the sidewalk on the north side of the street. The purpose of the meeting was to review the implications of the sidewalk concerning location of landscaping, grades and the timing of construction. On September 30, staff received a communication from Mr. Larry Duder, an effected resident on Crimson Leaf Trail. Mr. Duder had taken a survey of the effected residents along Crimson Leaf Trail which reflects the majority of current residents oppose the sidewalk. A copy of the survey is attached. After discussions with the City Administrator, this item was placed on the Thursday, October 7, Advisory Parks, Recreation & Natural Resources Commission meeting for review and discussion. The Advisory Commission was to hear the residents' concerns relative to the sidewalk , make a recommendation to the City Council as to whether the sidewalk should be installed or eliminated and explain the rationale used in making that recommendation. l Z. L COMMISSION'S REVIEW At the October 7 Commission meeting, staff reviewed the background on the sidewalk. A copy of the minutes from the Commission meeting is attached. Mr. Duder and several residents spoke against the sidewalk, raised several questions and suggested some alternatives. One suggestion was for the sidewalk installation not to be completed at this time. The residents preferred waiting until additional residential development had occurred on the remainder of Crimson Leaf Trail and then make a decision only if traffic was as frequent and as strong as anticipated. Staff pointed out that there would be additional cost incurred with a delay. Construction costs for installing a sidewalk along the front of existing homes were approximately $20,000 whereas costs of a sidewalk along Crimson Leaf Trail before homes were built were approximately $5,000. Another resident indicated that he had done a survey of nearby residential streets to verify sidewalk locations. His map indicated that there were very few sidewalks within the community and almost non-existent on the east side of town. He was concerned as to why a sidewalk would now be installed on Crimson Leaf Trail. It was noted that construction of sidewalks and trails had become more prevalent in the last several years. To provide safe access for walkers to the elementary school, sidewalk construction is often requested from the school district. The district policy is to bus if walking distance is over .2 of a mile. Residents in favor of the sidewalk stated that they were concerned about safety and traffic as well as the need to provide reasonable access to the elementary school. This street is one of three accesses into the subdivision. Another resident stated that the issue has divided the neighborhood. He was in favor of the sidewalk even though it was in front of his home because of his concern for safety. He felt that residents opposing the sidewalk did so because their landscaping encroached into the road right-of-way and would now have to be removed. Another resident asked if consideration had been given to installing the sidewalk on the south side of the street. Another alternative suggested was to construct the sidewalk on only the new portion of Crimson Leaf and continue the sidewalk north between homes to connect with Pinewood Elementary school. Staff noted that since Autumn Ridge 4th Addition had been final platted, obtaining a trail easement between lots would probably cost the City additional dollars. Further, if the trail would continue north onto school property walkers would have to cross the athletic field to get to the school. The trail could be placed on the south side since grades are similar however, one additional driveway would be crossed and one additional streetlight would be re-located. 1.2'3 SUMMATION OF POINTS EXPRESSED During the course of the meeting, staff took notes of some of the comments made by the public, Commission and staff. Their comments are summarized as follows: < Crimson Leaf Trail is one of three access points to this subdivision. < Approximately 260 homes are in this area. < Some residents were not aware a sidewalk would be proposed to the Council. < Residents didn't know street would continue through to Dodd Road. < Safety, traffic and access were concerns for children. < Dodd Road is designated to have a trail on one side. P.T.A. and area residents have signed a petition for the City to install trails on both sides of Dodd Road. < School principal and P.T.A. support sidewalk. < One driveway has 10% grade, sidewalk may make this more difficult. < Few residential streets have sidewalks. < One home on the north side is for sale. < Sidewalk will be 6 feet in width to match existing sidewalk. < Look at south side as alternative (one more driveway to cross and one more streetlight to re-locate). < Wait until the street is in before deciding. < Cost for installing all the sidewalk - $22,000. $15-16,000 for that portion in front of existing homes and $5-6,000 for newly platted area. < Majority do not want sidewalk. < Landscaping should not be an issue when safety is a concern. < Look at doing only the sidewalk in front of new subdivision; then stub into school property between homes. COMMISSION COMMENTS Commission member Ipsen-Borgersen stated that completion of a trail along this street would tie into Hackmore and Dodd Road thus completing a circulatory route around the elementary school. She said she favored sidewalks and felt that safety could be an issue relative to traffic. Commission members stated that cost for installing the sidewalk now would be less than in the future and therefore favored the sidewalk construction. The Commission mentioned the accessibility factor to the elementary school for the neighborhood as well as the sidewalk providing an overall connection of the various neighborhoods. COMMISSION'S RECOMMENDATION After discussion, the Advisory Commission recommended on a 6 to 1 vote that the sidewalk on Crimson Leaf Trail be installed per the City Council's previous action. KV/Ik L2/CRIMSON REC la October 1, 1993 Dear Crimson Leaf Trail Residents: The results of the survey conducted this week are indicated following the questions asked: 1. Do you favor a sidewalk that is funded by the City of Eagan be built on the South side of Crimson leaf Trail? Yes - 4, No - 11, Abstain - 1 2. Do you favor a sidewalk that is funded by the City of Eagan be built on the North side of Crimson leaf Trail? Yes - 6, No - 9, Abstain - 1 3. Do you favor a sidewalk funded by assessments to homeowners be built on any side of Crimson leaf Trail? Yes - 1, No - 14, Abstain - 0, 1 did not answer question. A copy of the completed survey has been given to Mr. Ken Vraa, Eagan City Parks Commissioner. Mr. Vraa indicated that he would put this issue on the agenda of the Eagan Parks and Recreation meeting scheduled for Thursday October 7, 1993 at 7:00 PM. There is some other business which is to be conducted first, then he expects the sidewalk discussion to commence at about 7:15 or 7:30. Depending on the outcome of this meeting, if any further consideration were to be given to this issue by the City council, it would likely be at the October 19 meeting. My understanding is that it is too late to place it on the agenda of the City council meeting on October 5. Sincerely, Ak°41°'"42-2- 6::::1271:41:71 r 639 Cr' son Leaf Trail CC: Ken Vraa �1 I Crimson Leaf Trail homeowners: Please circle your choice for questions 1, 2, and 3 in one of the boxes below, then sign in one of the boxes on page 2, date and complete your address. 1. Do you favor a sidewalk that is funded by the City of Eagan be built on the South side of Crimson leaf Trail? 2. Do you favor a sidewalk that is funded by the City of Eagan be built on the North side of Crimson leaf Trail? 3. Do you favor a sidewalk funded by assessments to homeowners be built on any side of Crimson leaf Trail? Question 1. Yes No Abstain Question 1. Yes No Abstain Question 2. Yes `- Abstain Question 2. Yes No Abstain Question 3. Yes No Abstain Question 3. Yes Abstain Question 1. Yes (No Abstain Question 1. Yes 10 Abstain I Question 2. Yes .N, Abstain Question 2. Yes Abstain Question 3. Yes 6) Abstain Question 3. Yes No Abstain Question 1. Yes No Abstain Question 1. Yes No �~ Question 2. Yes 'e_- Abstain Question 2. Yes No alliPP Question 3. Yes ; Abstain Question 3. Yes No Abstain Question 1. Yes No Abstain Question 1. Yes No Abstain Question 2. Yes N Abstain Question 2. Yes No Abstain Question 3. Yes No Abstain Question 3. Yes a Abstain { Question 1. Yes No, Abstain Question 1. Yes No Abstain Question 2. es No Abstain Question 2. Yes 430 Abstain Question 3. Yes No Abstain Question 3. Yes No Abstain Question 1. Yes 8 Abstain Question 1. No Abstain Question 2. es No Abstain Question 2. 4401110 No Abstain , Question 3. Yes 411 Abstain Question 3444:11t.- e -�'•�- J "71 � Question 1. (e's No Abstain Question 1. Yes No -stain Question 241110C Abstain Question 2. Yes No Abstain i Question 3. Yes ( No) Abstain Question 3. /Yen No Abstain 1 Question 1. Yes C153 Abstain Question 1. a No Abstain ` I Question 2. Yes (N�, Abstain Question 2. No Abstain Question 3. Yes Abstain Question 3. Yes No Abstain page 1 of 2 iD-(1) 1 3e:\. 4 Crimson Leaf Trail homeowner survey continuation I/We have indicated my/our preference on page one of this side walk survey. (o(� ();-„1„...5-c f� a�' —.-rte; / � ‘. I /1.1//. 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Advisory Parks, Recreation and Natural Resouces Commission Minutes of September 9, 1993 Meeting Page 2 CONSENT AGENDA Stephen Thompson moved, Ted Billy seconded with all members voting in favor to make the following recommendations to the City Council: 1. Kerr Addition-Shea Architects . This proposal would be subject to a cash parks dedication and a cash trails dedication. A cash water quality requirement would be based on charges to the surface runoff in pre and post conditions and the developer would be responsible for mitigating the loss of significant trees and woodlands through the planting of 24 Category A, 91 Category B or 182 Category C replacement trees. These trees will be in addition to any other landscaping requirements the City may have for this particular site. 2. Norwest 3rd Addition. This proposal would be subject to a cash parks dedication, a cash trails dedication, and a cash water quality dedication. The tree replacement plan should be approved for the development consisting of approximately 20 category B replacement trees as mitigation for the lost woodlands in addition to the regular landscaping requirements for this site. 3. Gregory Rounds-Waiver of Plat. This proposal would be subject to a cash parks dedication, cash trails dedication and a cash water quality dedication. CRIMSON LEAF TRAIL SIDEWALK After introducing this item,Director Vraa explained that at a recent City Council meeting residents were present to oppose the extension of Crimson Leaf Trail to Dodd Road, preferring it keep the existing cul-de-sac. It was noted that the City had always intended Crimson Leaf Trail to be a through street. Residents present requested that the City install a sidewalk along this extension to connect Dodd Road with the sidewalk that is currently in place on Hackmore Drive which leads walkers to Pinewood Elementary School. As the City Council directed, staff met with residents on September 23 to review the implications of a sidewalk on the north side of the street. Mr. Vraa continued that a petition has been received from residents showing only a few of the residents who border the street are now in favor of such a sidewalk. It was noted that the issue for the Advisory Commission was to hear the concerns of the residents relative to this sidewalk and make a recommendation to the City Council as to whether a sidewalk should be installed or eliminated. Ken continued that the residents'concern for vehicular traffic safety was identified during the discussion with the City Council regarding the extension of Crimson Leaf Trail. It appears that the neighborhood's opinions regarding this issue vary when the discussion applies to installation of a sidewalk on this section of Crimson Leaf Trail. Mr. Vraa concluded that the sidewalk would be a part of the development which will continue west on Crimson Leaf Trail to Dodd Road. The residents are responding to the portion of sidewalk being proposed adjacent to their homes on Crimson Leaf Trail east to Hackmore Drive. Lee Markell asked what the projected cost increase would be to defer construction of the sidewalk to a later date. Director Vraa responded that the costs would increase if the sidewalk was installed at a later date and estimated an approximate increase of 15-20%. Ken continued that the Council had suggested the sidewalk go in as part of an existing contract underway in this area. It was noted that the sidewalk within the new development, if constructed with the current contract, would cost approximately$5-6,000 whereas the portion of sidewalk crossing existing lots would cost approximately $15,000. ��g Advisory Parks, Recreation and Natural Resouces Commission Minutes of September 9, 1993 Meeting Page 3 When asked what the projected traffic numbers are, Director Vraa responded that the information isn't known at this time; it will depend upon actual traffic patterns within the neighborhood. John Wingard responded that it is assumed there will be approximately 10 trips per day per house which is a conservative estimate for traffic within a neighborhood like this one. Mr. Wingard again reiterated it is difficult to know what the traffic patterns will be at this time. Larry Duder, 639 Crimson Leaf Trail addressed the Commission noting that he had solicited input from the neighborhood regarding this proposed sidewalk and the majority, based on his survey, did not want to see a sidewalk installed. Mr. Duder added that many residents were not aware of a sidewalk proposal and did not have an opportunity to oppose the recommendation at the City Council meeting. Because it appears the majority do not want a sidewalk, Mr. Duder continued, it would be appropriate for the Commission to Y recommend to the City Council that they reconsider their action to provide a sidewalk in this location. Dave Osborn, 647 Crimson Leaf Trail explained that since it is unknown what the traffic counts will be on Crimson Leaf Trail it is premature to install a sidewalk in anticipation of an unknown. Mr. Osborn felt the traffic should be studied first and if warranted, add a sidewalk at a later date. Mr. Osborn concluded that based on other similar trail sections near schools he did not feel a sidewalk was necessary now and was opposed to one being installed before appropriate studies are completed. Alan Brooks, 652 Crimson Leaf Trail expressed his concern that the neighborhood meeting was only for those residents on the north side of Crimson Leaf Trail and wanted to express his opposition to the sidewalk proposal. Ted Billy stated he would like to see input from residents on both the north and south side of the street so the Commission has a clear understanding of everyone's position. Mr. Billy asked how many residents were present at the City Council meeting. A resident in the audience responded that several people were at the City Council meeting and all were in favor of the sidewalk at that time. Tracy Quinn, 664 Crimson Leaf Trail explained that she was the resident who spoke at the City Council meeting to try to prevent Crimson Leaf Trail from continuing to Dodd Road and have it end in a cul-de-sac. During the pre-Council meeting process, Ms. Quinn stated she sent out 3-4 flyers within the neighborhood to let residents know this was happening. She also asked residents to notify other neighbors that may be interested in the process as well. Of those residents attending meetings, several supported the sidewalk concept and understood that it was to be placed on the south side of Crimson Leaf Trail. Those residents on the south side understood that landscaping within the right-of-way would need to be moved, however they felt the safety of children walking in this area due to the close proximity of Pinewood Elementary, was more important than the prospect of moving some landscaping. Ms. Quinn concluded that she didn't care which side of the street a sidewalk was placed; she just wanted to see one installed. Jane Kackman, 663 Crimson Leaf Trail added that she was in contact with the principal of Pinewood Elementary School and he expressed his support for a sidewalk. Jane also noted that Mayor Egan had expressed his support for a sidewalk. Advisory Parks, Recreation and Natural Resouces Commission Minutes of September 9, 1993 Meeting Page 4 Director Vraa explained that a trail was installed with the elementary school. The PTA wanted a trail on both sides of Dodd to Diffley Road, however the current plan is for a single trail along Dodd. It was noted that during the upgrade process for Dodd Road consideration may be given to providing a trail on both the east and west side. Ken also noted that a sidewalk was in place on Hackmore Drive. Photographs showing the existing homes and landscaping which would be impacted by the installation of a sidewalk on the north side were distributed for the Commission's review. John Rudolph asked if the water hydrant and streetlight as shown in the photos would need to be removed or relocated. John Wingard noted that the streetlight would need to be relocated, however the sidewalk should not impact the fire hydrant. John Rudolph asked if there were similar construction constraints on the south side of the street and if so, which side would be most cost efficient to install a sidewalk. Mr. Wingard responded that both sides have some building constraints. He noted that installation of retaining walls may be required if the sidewalk is located along the south side as well as the relocation of streetlight(s). In response to John Rudolph's question, Director Vraa responded that the trail along Dodd Road is planned on the east side and will eventually tie into the sidewalk either on the north or south side of Crimson Leaf Trail and continue east to Hackmore Drive. Steve Bunde, 651 Crimson Leaf Trail noted that since the volume of traffic along Crimson Leaf Trail is unknown at this time he did not see any substantiation for providing a sidewalk and was opposed to a sidewalk on either side. He asked that nothing be done regarding this sidewalk until such time as accurate information can substantiate the need for one. Erin 1psen-Borgersen explained that since a trail is being installed along Dodd Road a sidewalk along Crimson Leaf Trail would not only provide good access to Pinewood Elementary School but would also provide good pedestrian circulation within the neighborhood. Bill Wallace, 640 Crimson Leaf Trail stated he lives on the south side of the street and reminded the Commission that a clear majority opposes installation of a sidewalk. He continued that the disruption to existing landscaping and yards seems inappropriate. Mr. Wallace asked if the City was going to go back to existing neighborhoods where similar situations exist and disrupt those lots as well. Erin 1psen-Borgersen noted that the City needs to consider future development that will occur near this area and try to provide the safest access to and within neighborhoods. Tom Kackman, 663 Crimson Leaf Trail expressed his confusion in understanding why anyone living on the south side of Crimson Leaf Trail would oppose the installation of a sidewalk on the north side. He explained that this would provide a safe access for children to Pinewood School and felt the City should take advantage of the cost savings now rather than wait for higher costs of construction. Tom concluded that this street is an artery into the neighborhood and the sidewalk is necessary for safe access; the City should also benefit from the cost savings of installing the sidewalk within an existing contract. Jonathan Widem asked if there were any trends in requests for sidewalk installation from residents after they had been living in their neighborhood for a period of time. Director Vraa responded that typically requests for sidewalk installation increase after the neighborhood has been established and there are several schools and residents who actively request additional sidewalks. Jim Lynch, 659 Crimson Leaf Trail stated that he agreed with Larry Duder in that both sides should have been brought into the process from the beginning. Mr. Lynch expressed his opposition to having the street continue to Dodd Road and would have preferred a cul-de-sac, however since the Council decided to carry the street through, he felt it was important to provide safe access for pedestrians along this street and supported the installation of a sidewalk. /3 / Advisory Parks, Recreation and Natural Resouces Commission Minutes of September 9, 1993 Meeting Page 5 Lee Markel) asked for clarification of the Commission's role in this procedure. Director Vraa stated that the Commission meeting would act as a public hearing after which the Advisory Commission was asked to make a recommendation to the City Council. Mr. Markell clarified for the residents that the Commission was an advisory commission only and that the City Council would be making the final determination relative to this issue. Mr. Markel) asked what the process would be if the sidewalk is not installed at this time and the residents petition the City five years from now to have one installed. Director Vraa stated that the priority of this sidewalk installation would become the biggest issue if addressed at a later date. With many requests annually for additional trails and sidewalks this link may not be the highest priority at the time residents request it. Mark Banno, 643 Crimson Leaf Trail asked if it was possible to place an on-street trail within Crimson Leaf Trail. Mr. Wingard indicated that on-street trails are no longer provided for in the construction of streets. Mr. Benner, noting that this issue has torn the neighborhood apart, asked if a compromise could be considered. He suggested that the sidewalk be installed from Dodd Road east along Crimson Leaf Trail through the undeveloped lots and then connect to the north to Pinewood Elementary prior to affecting the existing homes on Crimson Leaf Trail. Mr. Benner saw this as an option that would satisfy existing homeowners on Crimson Leaf Trail as well as providing access to Pinewood from Dodd Road. Lee Markell asked if this option could be looked at for a recommendation at a later date. Director Vraa explained that the City Council and the contractor want this change to an existing contract to be addressed as soon as possible so that work can continue. Ted Billy asked how far into school property this trail would go and would the City need special permission to provide this northerly trail link. Director Vraa explained that this access would need to be negotiated and approved by the developer as well as the school district. Jon Wingard added that the City may need to purchase this access from the developer as well. Erin Ipsen-Borgersen expressed her concern that by bringing the trail up into the school property the continuous link from Dodd Road to Hackmore Drive would be interrupted and defeat the purpose of providing a consistent trail connection in this neighborhood. Erin continued that after hearing comments from many residents and the Commission, she moved that the original recommendation made by the City Council to provide a sidewalk on the north side of Crimson Leaf Trail from Dodd Road to Hackmore Drive should be approved. Jonathan Widem seconded the motion with Members Ipsen-Borgersen, Rudolph, Widem, Thompson, Billy, and Hall voting yes. Member Markell was opposed. The vote passed on a 6-1 vote. /e3?-- Agenda Information Memo October 19, 1993 City Council Meeting NEW BUSINESS ON-SALE LIQUOR LICENSES CODE AMENDMENT A. Consid'efation, City Code Amendment, On-Sale Liquor Licenses--Enclosed on pages /3'71 through/ r--21.s a background memorandum covering a request by Matt Starr of Panino's Restaurant for an amendment to the existing City Code requirements relative to on-sale liquor licenses. Also included in the memorandum is background information relative to the number of licenses available, their current distribution and the code allocations for the remaining licenses. The proposed Panino's Restaurant would be located at 3450 Denmark Ave., in the Town Centre Shops. At the present time, the City has issued 15 of the 18 liquor licenses permitted by State statute for second class cities of our size. The remaining three licenses are designated within the ordinance for hotels and motels. Mr. Starr is requesting that one of these licenses be released from that allotment for Panino's application. Under State statute, the City will not be able to increase the number of liquor licenses available until after the year 2000 decennial census. At that time, the statute allows cities to have one additional license for each 2,500 population over the 45,000 base. A recent staff objection placed the City's 1990 population approximately 62,500 people. This would permit the City to issue an additional seven licenses once those census results are available in 2001 or 2002. If the Council favorably considers this request, it will be necessary for the City to prepare and formally act on the proposed amendment prior to processing of a liquor license and conditional use permit application. If the Council does not wish to consider the amendment being requested, the applicant may still consider applying for a beer and wine permit for the proposed restaurant location. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by Matt Starr on behalf of Panino's Restaurant for amendment to the Eagan City Code for on-sale liquor licenses to modify the current allocation of the remaining three licenses for hotels and motels. 1 /3 MEMO —city of eagan MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 4, 1993 SUBJECT: MATT STARR LIQUOR LICENSE REQUEST As a result of the letter from Mr. Starr requesting a City Code amendment to allow an application for a liquor license in another restaurant, I asked Liz to provide an inventory of the existing license holders. She has provided that inventory in her memo directly to you dated October 4, 1993. The City currently has issued 15 of the State allowable maximum of 18 liquor licenses for second-class cities. The maximum increases by one (1) license for each 2,500 population over 45,000 based on the federal decennial census. Consequently, the City population probably allows for an additional three (3) licenses to a total of 21, however, they will not be legally authorized until after the 2000 census. The public policy issue for the City Council continues to revolve around the issue of holding the three (3) unissued licenses for hotels. Basically, it is advantageous for the City to maintain the status quo at least until the year 2000, making licenses available for additional restaurants only if one currently issued is not renewed for any reason. The City has determined that a number (currently 7) of the licenses be for restaurants with at least $350,000 of building valuation. Mr. Starr would probably not meet that threshold in the Town Centre Shoppes, if a hotel designated license is released and that criteria is still important. The potential request for a license involving the Safari At Eagan plat is also a complicating factor in these considerations. Prior to responding to Mr. Starr, I believe we will need to get policy direction from the City Council. Please advise as to how you would like to proceed. Let me know if you would like any additional information or if you would like to discuss this matter. AtrDirector/City Clerk EJV/jeh pimhr 22. 1993 Loth:;\ c,tari Rtaarant 155(;f.) a‘zata Sunc c3-2 \Va.zata.N 553C,1 1 ow 11c-,1,,,.es 1:,a!lan Citt .Administratoi- 3s30 Pilot Knob 1<cf 12 ft \1a o a7-)d Cit:k ioutt,i1 ,01,stdc.i- an 3n1;:ndin,..-tit ic fc-1;.:as, mv ht. lu 1111 tilc* I equilL- n,:nt that th.:■ bc k hil in tn, Ltt- v I pal I Lin,: CompanN T. 0P,:tittl:2 a -1,1tain-ant Cent Shoji lo,at,d at 1-15', "T‘ T1' ,.111 1,, .,'T 1,,t. and app-.ovinaki\ 15G ,k.at,. t )to v,i11 Jlt 1n rz:staiin.fms at -North aL. St. Paul. and t.'010134.L- • t. Oum ‘.11:1 appc1l7c.1 and v cycain ;Ifl C•111-;,:,,,t11111 \ii a1 )1/4:01, 141 OP ;\ il! F. '\\}1!i 3c J rcslaulani not a hai. Vc ksj llc. 3\ 1,.:•■1,1111.311I • d• : 1[11 t,t11 plans. rt :c.1 to obtain a 1.1(11.101. 11,...Il■L I iln:1:1•!:1Ild •h., :, 1111_11,11 on a. Lasi one 01 is tit,: :11.st ft Ill, 11;: t....:a„1-1,(.1 at 4-6-1667 with further questions. ban; on . r/Fr-77 ; October 4, 1993 TO: CITY ADMINISTRATOR HEDGES FINANCE DIRECTOR VAN OVERBEKE FROM: ADMINISTRATIVE ASSISTANT WITT RE: ON-SALE LIQUOR LICENSES There has been a recent inquiry as to the availability of an on-sale liquor license. A quick inventory shows 15 active licenses and three earmarked for hotels . The City Council will have to amend Sec. 5. 52, subd. 11, in order to unallot the distribution of on-sale liquor licenses . Attached is a chronology of on-sale liquor license activity since 1980 , City Code section 5. 52 subd. 11, a list of current licensees and a map showing locations . 3 � ON SALE LIQUOR LICENSES 1980- 1983 For a number of years, there were 10 on-sale liquor licenses which included the club license for Lost Spur Country Club. The names and ownership changed for some, but the sites remained the same. 1980- 1986 City Code language remained unchanged during these years. . . . No more than twelve ( 12 ) licenses may be issued with a thirteenth available for a hotel/motel . All licenses shall be for commercial or industrial use districts under a conditional use permit . 1986 Requests for on-sale licenses became more frequent and the Council amended the ordinance to allow 18 licenses ( to conform to state guidelines ) and to reserve the remaining unallocated licenses for specific uses . 1986 City Code • as amended to read: No more tha:. eighteen (18) on-sale licenses may be issued. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit . The nine (9) licenses available March 5, 1986 shall be distributed to qualified applicants as follows: A. Four (4 ) licenses for hotels/motels B. Three ( 3) licenses for restaurants with at least $350, 000 building valuation (exclusion of leasehold improvements, equipment or common areas) ; and, C. Two (2) for other restaurants . 1989- 1990 There were 13 active on-sale licenses. The remaining licenses were reserved for hotel/ motel ( 3) ; restaurants with more than $350, 000 valuation (1) ; and other restaurant (1 ) . 1990 City Code was amended to read: Eighteen (18) on-sale licenses may be authorized as of June 5, 1990. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit . The eighteen (18) licenses shall be distributed as follows: A. Four (4 ) licenses for hotels; B. Seven (7 ) licenses for restaurants with at least $350,000 building valuation (exclusion of leasehold improvements, equipment or common areas ) ; and, C. Seven (7) for other restaurants 1991 Hong Wong Restaurant, 2139 Cliff Road opted for a wine/beer license and dropped on-sale liquor . 1992 Durnings Restaurant was bought by the Casper family and renamed Casper ' s Cherokee Sirloin Room, Eagan. 1993 Licenses were approved for the following : Applebees 1335 Town Centre Drive Chili 's 3625 Pilot Knob Road Royal Cliff 2280 Cliff Road October- 1993 There are currently 15 active licenses . City Code indicates that the remaining three on- sale licenses are designated for hotels . Recent inquirers as to the availability of an on-sale liquor license have been informed that the code would have to be amended to remove the hotel designation before license and conditional use applications can be accepted. FYI : State guidelines allow 18 licenses for 45, 000 population. Additional licenses can be author- ized for each additional increase of 2500 population. The base population is U S census figures . The 1990 census for Eagan is 47,409, which is just short of the 2500 needed for an additional license . Even though our estimated population is in the 50, 000+ range, no more licenses can be authorized until after the 2000 census. The 1994 license renewal process will start this month. 3P 3 5. 52 Subd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited . Source: City Code Effective Date : 1-1-83 Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure, day care center structure or church structure. Source : Ordinance No. 103 , 2nd Series Effective Date : 7-27-90 Subd. 9. No more than one license shall be held by any person. For the purpose of this Subdivision , any person owning a beneficial interest of five percent , or more , of any licensed establishment shall be considered a licensee . Source : City Code Effective Date : 1-1-83 Subd. 30. On-sale licenses shall be granted only to hotels , restaorants and clubs. Subd. 11. Eighteen (18) on-sale licenses may be with^ri ^ea as of June 5, 1990. All on-sale licenses shall be for premise situated in a commercial or industrial use district a conditional use permit. The eighteen (18) licenses shall he distributed as fellows: 7A. Four (4) licenses for hotels ; P. Seven (7) licenses for restaurants with at least f352, C00.0O building valuation (exclusion of leasehold irrrrovements , e ':ipment or common areas) ; and, C. Seven (7) for other restaurants . Stihd. 12. One (1 ) new off-sale license may be issued for each 5,000 population increase in the City, over a base of 40,000, as determined by the annual Metropolitan Council Fopulation Estimates of April 1. Applications for new licenses will be received through August 31 . If there is insufficient population to support another off-sale license , the applications will be returned . A. New license applications will be reviewed by the rolioe Department through November 30 with Council consideration at the first meeting in December . New licenses w411 be approved with an effective date of the foll ^wing January 1 . Any license not activated by the following August 31 will be rescinded and the available 113 (6-15-91 ) ON-SALE LIQUOR LICENSE HOLDERS, CITY OF Eagan Name of on-sale provider Address Phone Contact 1• Al Bakers 3434 Washington Dr. 454-9000 Al Baker Eacan, MN 55122 2. Cedarvale Lanes 3883 Beau D'Rue Dr. 452-7520 Michael Henke Fritz 's Bar/Grill Eagan, MN 55122 3. Holiday Inn 2700 Pilot Knob Rd. 454-3434 John Zavada Eagan, MN 55121 4. J. Doolittles 2140 Cliff Rd. 452-6627 Lynn Reimer Eagan, MN 55122 5. Douaherty's 1312 Town Center Dr. 681-1570 Robert Dougherty Eagan, MN 55123 6. Cherokee Sirloin Room 4625 Nicols Rd. 454-6744 Richard Casper Eagan, MN 55122 7. LaFonda de los lobos 3665 Sibley Memorial Hwy 452-0334 Otis Trujillo Eagan, MN 55122 8. Mediterranean Cruise 3945 Sibley Memorial 452-5991 Hussein Ansari Eagan, MN 55122 14 ° Name of on-sale provider Address Phone Contact 9. Richards 4185 So. Robert Tr. 452-3061 Joyce Slattery Eagan, MN 55123 10. Starks Saloon 3125 Dodd Rd. 454-8251 Gary Stark Eagan, MN 55121 11. Valley Lounge 3385 Sibley Memorial 454-2760 James Tousignant Eagan, MN 55122 12. P,pplebee's Neighborhood 1335 Town Centre Dr. 686-7022 Lisa Herboldt Bar & Grill Eagan, MN 55122 13. Chili's St' Bar/Grill 3625 Pilot Knob Rd. 4-5152 Phil Coursin Eagan, MN 55122 14. .20ypl Cliff 7780 Cliff Rd. 895-1174 Brian Mangine Eagn. MN 55122 15. Lost Spur Country Club 2750 Sibley Memoria1454-2330 Hucky Beyer Eagan, MN 55122 • • /(0 r T • ' $ T c /T D j --_� \ MEND•T /�h .E/ HTS �� ... . , .< V.4. 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(`) y•� t 0 0 I�.EK �t t i p 0-• /: (...r.- _ 'afar!_ _ rl__� '' •••- l �ij. � :1 ''''Y 1 i �l��!-�c. La.�ki / . /'�% 1,-1 I.,. .�' ' l )• ��- .'ry'as e�• r• i�ec '.^„ �Ir�r it f� 8'PP S - 1. I. _''#1r r'; 1.3,``,,.. . . I )/ r �.rf^io t• ''. FILL...„;;;—,20,` `° 4'.I' 1' Q• ►.... .4'7' —� I [5;,��t r i' i J� •..' y� / i>�� ,T1 s� *�',e IbyK,f� I or.,..^ l; .4__ P t ♦ i 1 (# f —_� 'a•� 'f.Y fir- * i — 0 Q ' ' ,- a C '' t`>r ( • ` ,".+in..wr — a._ ' S Q 1,.. ar..: k 1'!a •i.t ^ ' - ;•—•,‘,"'`,1,...41.7.1c F r s I.}t '. ►� -_ .°,=;',1°_, � r i -I.�� r -. l^ � J a . +” Qe 1 e•`I k `� /`y i J!_ C�. ( lr J / a . �" Lam;'"/ >' ' ._ ` • , •• 12 w _J S- APPLE VALLEY tl G ' �"Yi* me /� I', • sn .r I h I •• I ROSEA�UNT�� d l Y i a J B c• . 0 n T� '.F F 7 G _,awl K?'I M (. .s-. 1 ,J'-L�.,/ F / - r I C(02■ . Agenda Information Memo October 19, 1993 City Council Meeting MODIFICATION/SITE PLAN FOR TOWN CENTRE 70-FIFTEENTH ADDITION B. Modification, Site Plan for Town Centre 70-Fifteenth Addition--Federal Land Company has requested a revision to the site plan approved for the Kohl's Department Store as part of the final plat at the Town Center 70-Fifteenth Addition. The new site plan proposed will physically separate the new Kohl's Department Store from the existing retail cen er to the north. The staff report describing the site plan provision is enclosed on pages hrough( Both the Planning and Engineering staffs have agreed that this revision is not only acceptable but probably an improvement over previous approved plans. Staff further suggests that approval of this site plan modification should be conditioned on the provision of a six foot concrete sidewalk around the service door on the retail building as shown on the attached plan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the modified site plan for Town Centre 70-Fifteenth Addition, Kohl's Department Store, with the additional requirement of a six foot concrete sidewalk around the service door on the retail building. / �3 MEMO —city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR PEGGY REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 13, 1993 SUBJECT: TOWN CENTRE 70 15TH ADDITION The Town Centre 70 15th Addition containing the Kohl's department store located along the north side of WalMart south of the existing retail center received Preliminary Plat approval in January 1993. Final Plat approval was granted in September and the applicant must record the plat by November 21st. The financier has required that the building not be physically attached to the existing retail building shown on the previous plans. Those plans called for service bays on both sides (front and back) of the Kohl's building between that building and the existing retail building. This is what was requested by the applicant and approved by the City after several detailed design changes. As a result of this requirement, the plans have been modified to show a one way east to west service delivery for the existing retail building and the Kohl's building. Planning and Engineering staff agree that this will eliminate the concern we once had with trucks backing into the loading area on the west, or front side of the Kohl's building. Prior to our review of this request, the Protective Inspections Division made significant alterations to meet Fire Code regulations. As a condition of approval of the building permit, staff is recommending that a sidewalk be constructed around the portion of the retail center to the east of the proposed Kohl's service area to define an existing pedestrian door. This was discussed and agreed to by the applicant. ACTION TO BE CONSIDERED 1. To approve/deny the site plan modification allowing an east/west delivery movement to the Town Centre 70 2nd and 15th Additions. 2. To require a 6' concrete sidewalk around the service door on the retail building as shown on the attached plan with the issuance of the Kohl's building permit. If you would like additional information, please feel free to contact me. City Planner JS/js attach. ■ g ZOOd NYEG :01 £6-ET-01 L9Z6+ZtE+ZI9 %86-d 7 - . r . ., 'A . . . 6 . . ‘ I 1111 C■2 .. .T4 i .;.-:::•\,-• .1,41 i . • I I , • 1' I! E i f.ri,.. 9 i Ali Iv Lilt IN ili1;11111 I I I Irl. II !ill r: El§ ...,.., , 1 ,I. ... 19 5 ..,I-I.I-I-I I 1 I I = • • 4 0 ..__- 7_ .'lf.:::• t' ./.......----...... 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HM :. :O 12111 ' ! ! 1 4- •'". , ,.. 1,,411, ,',,,, . s,..•...,7 "..1 t 14 1 1:• r'-' -4.'-.." .. . .,. I I h I • • ..•,,„ • .. • 1 ' IIE 'r; P li! . .•••••te.., 1 • .4 •••"; 1. i,,,,, E . › • - ‘ ._.... . 3.. ,.- .., . w , .. - 1 0. Z i ! ...... I ..k.... . I - = z o ..:, z ., . i , . = ... . o - P •-- E z z ili= %., • c :...: . : ,,., ..., .: C..1 1. NM 0 1, OMU 1.M. S S t 0 r••f• . . • E! cn■.. t- 1 .7 a ty----/ . Agenda Information Memo October 19, 1993 City Council Meeting VARIANCE/DON CHRISTIANSON/PILOT KNOB ROAD C. Variance, Don Christensen, of 19.5 Feet to the Required 50' Setback off Pilot Knob Road, Located on Lot 4,Block 1,Buffer Hills in the SW 1/4 of Section 15—The staff report describing the request for a 22 foot variance to the requ.irr,�d 50 foot setback on Pilot Knob Road for Mr. Don Christensen is enclosed on pages /if/through L3 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 22 foot variance for Lot 4, Block 1, Buffer Hills (Don Christensen). /4Zd° SUBJECT: VARIANCE APPLICANT: DON CHRISTIANSON LOCATION: LOT 4, BLOCK 1, BUFFER HILLS EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: OCTOBER 19, 1993 DATE OF REPORT: OCTOBER 12, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 22' to the required 50' setback from Pilot Knob Road located at 3636 Pilot Knob Road. CONLMENTS: According to the applicant, the purpose for the Variance is to allow construction of a 24' x 26' detached two-level garage with the lower level being used for two vans and equipment storage and the upper level for storage and/or hobbies. The height of the proposed structure is 4' less in height than the principal structure and will be located 10' from the dwelling unit as allowed by the building code. Any amount closer than 10' would require a fire wall. The additional square feet combined with the existing building is under the maximum 20% allowable building coverage. As proposed, the garage would require an approximately 22' setback Variance from Pilot Knob Road. The applicant has submitted a plan indicating how he will be able to meet the 1:1 slope requirement for the utility easement. The proposed garage location meets the 50' required setback from Fish Lake (General Development Lake #19-57.) The existing configuration of the dwelling units and the garages limits the area available for the addition of another garage. If approved, this Variance shall be subject to the following: 1. The proposed garage shall meet a 1:1 slope footing depth setback requirement from the existing sanitary trunk line located along the north side of Fish Lake. 2. No outdoor storage of equipment shall be permitted. 3. All applicable City Codes shall be met. LE/ (Awn ANIsoK1- vet IANrE ./ Cr - r .r. t - ■..1 Lor. Tr., Z o . P • KN, �� p . rI . Co , `. 012-01 ti< _ • � .. r NISI a 1 J ' D "' Os► rt.:. 190-4-X- ; CRESTRIDGE _-- _ -.II _ •.r.Prr �y—.1 a� i . .---. .... - . - - ...r.,.: .. J. ¢ I I K 1 ' .7 ', ��I „o( r ;� -.'''ait a,r4 -Ads^' -I _,�. ... i _ .. ,,- ... -I .. - "-"N.s. 1 i!'" I e Al -15 4 4 • i I (... 1, s, . , 1 1 b ..V 1 i .14 ,...„"oivir_v --- T -am '• - . I � $ I �� • , I I f POND \ ' '' .E ,1 ,-ER � { I I.. \ ... ../. •••••• P.a.. I , •::::::::: .,;:.....:::*4 . t C.. D 1 I I{ • •. I ■.'Nr.• .r VII.r m • I —r- :•- y. I :/ S r ' . , --, -____ _.--z. oullcr 0 •N ...:�. hl. . , . it f t f `' 1 ili- , .... " s . - •�- N •...-. .tom a :.� .. .. .. ... . ... ,, .. EKE r ... !s 1 • .4 1-. ._ ( .�. ..,, ,,,j¢• JET) •GE ADD. s .., ,. t _ 1 \ GE,....., .Q r 4 3 2 t t o 4 li 1 / z 'im BRAUN COURT \ Z4. .r r•.r,.r lid �� iAr- C__ '�•I i 022-01 1, •.f .i o i'i _o DUN 'Ai.;` _ - • L C-D i' Certificate of Proposed Garage LOcaEloh Poc: e3 i Von Christenson �[ 3676 Pilot Knob Road r�7 Folion, NN 55123 /`�I�1,' 176/1 ll^ I • DELMAR H. SCHWANZ ■ LA..4wl.nast sI0. 01.1.1...11_IA u Tr orr.r Aare, 14700 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA MOSS •1E/4E>11SS BURVETOR'S CERTIFICATE • BM: Top of sanitary manhole in front of house no. 3637 on Cretwood Court .. 880.44 . lII l I\ C l\ - N 80'00'00' E 190.93 - - - Q C 1 / 1 cr e LOT 4, BLOCK 1 j� BUFFER HILLS ag o m Li 0 q. Q J IO o`` �1 °PI -,9,e PROPOSED '/ , • rev•Be,c _.eEXISTING us I C rf(�Uv OG I 4 8L • a o - h Wit' r, a ••__ _.. __. _. o SAN. N.H. •` o _ �a :I•°!88.28=--Q TOPw853.7 __ _ S 7g 34'29• E , t,1 N 86'19.15. - o ----- - TNV.w840.7 27.53 7 / - �- UTILITY EASEMENT �/ c SAN. M II. Z a_- - u. _ r� 0 0 ' TOP•857.0 - o �- a o INV.ii840 4 0 �� 7 I I' o X11+E �� _ z N1GN MATER 5 _sum'EF LINE-.15 7 • - - \ w .• 'n E(Esi 6 1 ' 893.3 0 o All- o 1 o c N 0\ 1'11 \ m in 1 /51/ ./411 r 0 DRR[NAGE _ _EASE MENT N m o 4l 10 41 4', I I 'i SOUTH 1; 0.49 a -- 89'48'50' N 150 00 \-,-- S 90'00'00' M 65.00 -P I i/ 1 j SCALE: 1 INCH = 30 FEET . ` 1 Description: �> Lot 4, 81oek 1, BUFFER HILLS, according to the recorded plat thereof, Dakota County, Minnesota. I I Aaoby cubly INAI IhIA aunq,plan,or mpo11 all ._. \l+ •.. . that I i d by u y o{{under my and u supervision pot under and ....4..- _ / lb. I Am a duly Slats*5 Ud Lend Sunspot Yad4r 1 "� [AA f...„ -� , 4 �/f5/11/ IM ions o1 1M Sba of MIME:OU. 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" .... , . - - - . . - . . . - ■...-49'''-''''''"-....‘''.r.'-'...''''...e r:2•-•,-"A.-"--'i,...•' ..•---:- ---',...•----- ---. •-• e- -. It:,-• ..-.-.7. -s-'''-'• ..- --.-", - -'•-•- ;_-_. ... .. ',7 ,',.-2f '.. 4La.L.4-4.1:4- - t, 1-'< ,_ ,- ..-- . ...:7•_ .. .- ; , ."--.- '• ' -- .- . _--. : _ _- . -,,, - - .. ':,- •-•-- ---:■'• ••1•0i -fiR S ... " — -• - •-- - •- ''-.-'•-•'- • - - - - -• '-,•.-.. . . . . ,„ .... ( 9 Agenda Information Memo October 19, 1993 City Council Meeting PRELIMINARY PLAT/NORWEST 3RD ADDITION/EPP PROPERTIES D. Preliminary Plat, Norwest 3rd Addition/EPP Properties, Consisting of One Lot of 2.8 Acres Zoned Planned Development Limited Business Within the Norwest Planned Development,and a Variance to the City Code On-site Parking Requirement,Located Along the East Side of Norwest Court,West of I-35E in the SE 1/4 of Section 10--EPP Properties is requesting a preliminary plat approval to develop a 38 000 square foot ot medi cal building o g on the lot located north of Norwest Bank and east of Eagan Family Care Clinic along Pilot Knob Road to the north of Yankee Doodle Road. The applicant is also requesting a variance to reduce the required on-site parking by nine stalls. This item was considered by the Planning Commission at its meeting of September 28, 1993. The Commission recommends approval subject to the conditions outlined in the minutes attached. The Commission added a thirteenth condition: #13 - If the building permit for the medical clinic has not been issued within one year of final plat approval, the owner shall submit a site plan along with building elevations for review by the Advisory Planning Commission and the City Council. The staff report and Planning Commission minutes, along with a mem om the Park & Recreation Department regarding this item, are enclosed on pages hrough �� Also enclosed on page Ms a letter of support for this development from the adjacent property owner representing Norwest Bank. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat and variance of 9 parking stalls for the Norwest 3rd Addition/EPP Properties located on one lot consisting of 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development, subject to the 13 conditions set forth by the Advisory Planning Commission and the 4 conditions set forth by the Advisory Parks, Recreation & Natural Resources Commission. /SV Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28 , 1993 NORWEST 3RD ADDITION - EPP PROPERTIES Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of one lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development and a Variance to the City Code on-site parking requirement located along the east side of Norwest Court west of I-35E in the SE 1/4 of Section 10. City Planner Sturm stated that in February 1987 the City Council approved a preliminary plat for Norwest 3rd Addition and a 38 , 000 square foot mixed office/medical building was an approved use. He noted that the project did not reach the final plat stage. Mr. Sturm stated that the applicant resubmitted the preliminary plat with a change to the proposed use. He explained that the applicant seeks to build the same 38 , 000 square foot building, but it will be used exclusively as a medical building. Mr. Sturm stated that the proposed site plan consists of 248 parking stalls, nine less than required by the City Code. He further stated that the proposed parking stalls are 9-foot stalls, not 10-foot stalls as per City standards. Mr. Sturm noted that the site will have two access points to Norwest Court and one to Sherman Court. He stated that the applicant submitted a revised landscape plan that provides a good mixture of plant material that will provide year-around color. The applicant, Gene Happe, stated that since 1987 he has learned that combining medical and general office in one building is not successful. Mr. Happe also stated that 9-foot wide parking stalls have been adequate at other office building sites owned by him. He also stated that despite the shortage of nine required parking stalls, the proposed parking would be adequate for his building. Mr. Happe noted that he hopes to work with the City to obtain part of MNDOT's I-35E right-of-way located southeast of his property. He stated that with this additional land he would be able to meet the Code requirements for parking. Mr. Happe also noted his objection to the request of Norwest Bank, located adjacent to his property to the southwest, for a zero setback along their common property line. He reasoned that the zero lot line will adversely affect 8 to 9 parking spaces along his property line. Steve Nelson, Executive Director of Cereal Chemist, opposed to the parking variance request, reasoning that the already existing parking problem will only increase, causing parking overflow into the surrounding streets. Mr. Nelson also stated that access onto Pilot Knob Road will be more difficult. 1 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 In response to Member Hoeft's question regarding the ownership of the property between the parcel and Sherman Court through which the developer intends to access Sherman Court, Mr. Happe explained that they currently have an easement from MNDOT to allow access to and from Sherman Court in the property. In response to Member Miller's concern that the exterior construction will be mirrored glass, Mr. Happe explained that with other brick buildings, he has experienced problems with unsightly water spots, leaching and bleaching of the brick. He explained that the exterior construction of the proposed building is a steel frame with a poured granite panel exterior wall. He stated the proposed exterior construction will blend with the surrounding buildings that are also light color bricks. More discussion regarding the parking issue ensued. Merkley moved, Gorman seconded, the motion to approve a Preliminary Plat consisting of one lot on 2. 8 acres zoned Planned Development Limited Business within the Norwest Planned Development located along the east side of Norwest Court west of I-35E in the SE 1/4 of Section 10, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2 , Cl, C2 , C4 , D1, El, Fl, Gl and H1 2 . The applicant shall submit an overall sign plan for review and approval prior to Final Plat approval. 3 . All landscaped and green areas shall be served by an underground irrigation system. 4. All trash and recycling containers shall be stored inside the building. 5. No rooftop mechanical equipment shall be visible from any public right-of-way. 6. A Variance to allow nine fewer on-site parking stalls shall be approved. 7. The City shall approve 9' stall widths for all perimeter and garage parking. l S"� Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1993 8 . The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. 9. This development shall obtain the necessary easements to construct the secondary driveway access to Sherman Court prior to final plat approval. 10. All easements necessary for the looping of the watermain to Sherman Court shall be provided to the City in a recordable format in accordance with City requirements prior to final plat approval. 11. The development is required to provide a watermain connection from the existing 8" line along the southerly portion of the site to the existing watermain in Sherman Court. 12 . Temporary construction/slope easements are required from the northerly adjacent property for grading and retaining wall construction prior to final plat approval, building permit issuance as grading permit issuance, whichever occurs first. 13 . If the building permit for the medical clinic has not been issued within one year of final plat approval, the Owner shall submit a site plan along with building elevations for review by the Advisory Planning Commission and City Council . All present voted in favor. 0- 7 • MEMO — city of eagan DATE: OCTOBER 11, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR f FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: NORWEST 3RD ADDITION - EPP PROPERTIES The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their October 7, 1993 meeting and make the following recommendations to the City Council relative to Norwest 3rd Addition. 1 . This proposal would be subject to a cash parks dedication. 2. This proposal would be subject to a cash trails dedication. 3. This proposal would be subject to a cash water quality dedication. 4. This proposal would be responsible for mitigating the tree loss through the planting of approximately 20 category B replacement trees in addition to any other landscaping requirements the City may have for this particular site. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician Joe Merchak, Construction Analyst J SUBJECT: PRELIMINARY PLAT & VARIANCE (NORWEST 3RD ADDITION) APPLICANT: EPP PROPERTIES LOCATION: SW QUARTER SECTION 10 EXISTING ZONING: PLANNED DEVELOPMENT-LIMITED BUSINESS (PD-LB) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1993 DATE OF REPORT: SEPTEMBER 21, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat consisting of one 2.8 acre lot previously zoned Planned Development- I_imited Business (PD-LB) and a Variance to reduce the required on-site parking by nine stalls for a medical office building located north of the Norwest Bank and east of the Eagan Family Care Clinic, east of Pilot Knob Road and north of Yankee Doodle Road. BACKGROUND: In February 1987, the City Council approved a Preliminary Plat for Norwest 3rd Addition consisting of a 38,000 sq. ft. mixed office/medical buildin g on this site; however, the project was never final platted. The applicant is again proposing to plat Outlot A, Norwest 2nd Addition, into a 38,000 sq. ft. medical building which will complete the three-lot Norwest Planned Development. Surrounding land uses include the Cereal Chemists building and the Eagan Athletic Club to the north. The applicant has built, and still manages, seven medical buildings throughout Minnesota. Two of the largest medical facilities are located in St. Cloud, Minnesota; however,they have built a building similar to the one proposed on Highway 13 in Burnsville. COMMENTS: The proposed use will include an outpatient surgical center as well as physicians and surgeons medical offices. The use is consistent with the Planned Development-Limited Business zoning and the Limited Business designation on the Land Use Guide Plan. The site plan shows a two-story building with a footprint of 19,232 sq. ft., 248 parking stalls of which 24 are in a parking deck located at the northwestern portion of the site, and 44 spaces located in a garage beneath the building. City Code requires on-site parking at a ratio of one stall per 150 sq. ft. of gross building area, or 257 stalls. The applicant is requesting a variance to allow nine fewer stalls and is proposing 9' stall widths for all perimeter and garage parking. The City standard is a 10' stall width, although designated employee parking stalls have been allowed at 9'. The applicant's 1987 project proposed all 9' stalls, however, the City Council, as a condition of plat approval, required 10' stalls throughout the plat. Based on the applicant's ongoing experience with this type of facility, employee parking will comprise at least 50% of the on-site parking. The plan calls for the building to be constructed of precast panels, although a majority of the facade will be mirrored green glass. This is not consistent with the Norwest Bank building, Eagan Family Care building (part of this Planned DeveIopment), or the Cereal Chemists building which are all constructed with brick exteriors. The site will have two access points to Norwest Court and one to Sherman Court. As proposed, the building covers approximately 15.5% of the site. City Code allows a maximum coverage of 20% in a Limited Business zoning district. The building and parking/drive aisles all meet standard setback requirements. All trash and recycling will be handled inside the building. The applicant anticipates the hours of operation to be 8:00 a.m. - 8:00 p.m. This medical facility will not include emergency care. SIGNAGE/LANDSCAPING: It will be necessary for the applicant to submit an overall sign plan for review and approval prior to Final Plat approval. After discussion with staff, the applicant submitted a revised landscape plan that provides a good mixture of plant material that will provide year-round color. All sizes proposed meet, or exceed Code requirements. No changes will be required for t he final submission other than it being on an a pp roved grading plan. PARKS & RECREATION: The Parks and Recreation staff will be recommending a cash parks and cash trails dedication to the Advisory Parks, Recreation, and Natural Resources at its October 1993 meeting. A tree preservation and tree replacement plan has been submitted. Sixty-three hundred square feet of significant woodland will be removed as part of this development. The developer will be responsible for planting 19 Category B replacement trees as mitigation for the lost woodland consistent with the tree preservation guidelines. These replacement trees will be in addition to the regular landscaping requirements for this site. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan shows removal of the hill located in the center of the development. The maximum cut is 10 feet and the maximum fill is 5 feet. The Minnesota Department of Transportation will not allow any surface water runoff to be discharged into their right-of-way east of this development. Therefore, all drainage must be conveyed to Pond CP-5 (see attached map) located north of Marice Drive. This pond has a gravity outlet to an isolated (no outlet) major drainage basin (CP-4) located within Unisys Park 2nd Addition west of Pilot Knob Road. In order to provide drainage for the development of this property, an extensive storm sewer lateral system was extended from Pond CP-5 southerly along Sherman Court to this • proposed development under City Project #567. The preliminary grading plan shows that approximately 2 acres of this site will drain to the existing 15" storm sewer system constructed along Sherman Court. The remaining portion of the site is shown to drain overland to Norwest Court. The existing storm sewer that drains Norwest Court flows in a northerly direction along Pilot Knob Road to Pond CP-5. The preliminary grading plan shows a 6' high retaining wall to be constructed along the north property line. The developer will be required to submit detailed plans and specifications covering the construction of the proposed retaining wall. The developer will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY AND WETLANDS: This development is located in Drainage Basin C. Runoff from the development will be discharged to Pond CP-5, a sedimentation basin east of Pilot Knob Road. Since there are no downstream recreational water bodies, a cash dedication will be recommended for this development. The amount of the dedication is estimated at $26,600. There are no wetlands on the site. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size, depth and capacity is immediately available at the north line of this development. A 9" sanitary sewer drains in a northerly direction from the north plat line to Sherman Court. The preliminary utility plan shows connecting to the 9" line and extending an 8" line to the proposed building. (42 ( Watermain of sufficient size,pressure and capacity is readily available to serve this site from an existing 6" line at Sherman Court and from an existing 8" line that runs along the southwest property line. The watermain layout for this development shall include a loop from the existing 6" watermain in Sherman Court to the existing 8" watermain along the southwest property line. Under the original platting of the Norwest Addition, it was anticipated that the internal looping of the watermain would connect to the existing dead- . end stub on Sherman Court to provide adequate fire flows for the ultimate development. STREETS/ACCESS/CIRCULATION: The preliminary site plan shows that two driveway openings are planned to connect to Norwest Court and one driveway opening is planned to connect to Sherman Court. The Sherman Court driveway connection will require 130 feet of private street construction across the adjacent northerly parcels. All the proposed driveway openings shall connect to the City's public streets with concrete aprons. EASEMENTS/RIGHT-OF-WAY/PERMITS: In order to construct the watermain looping, additional easements will have to be obtained from the private property to the north to allow extension of the watermain to Sherman Court right-of-way. All easements necessary for the looping of the watermain shall be a minimum 20' in width. The preliminary grading plan shows a possible encroachment into the property to the north (Cereal Chemists) during the construction of a substantial retaining wall. The encroachment will require the acquisition of adequate slope easements before grading can begin. Any encroachment of grading into I-35E right-of-way will require the appropriate permits from MnDOT. FINANCIAL OBLIGATION - NORWEST 3RD Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR NORWEST 3RD ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, Cl, C2, C4, D1, El, Fl, Gi, and H1 2. The applicant shall submit an overall sign plan for review and approval prior to Final Plat approval. 3. All landscaped and green areas shall be served by an underground irrigation system. 4. All trash and recycling containers shall be stored inside the building. 5. No rooftop mechanical equipment shall be visible from any public right-of-way. 6. A Variance to allow nine fewer on-site parking stalls shall be approved. 7. The City shall approve 9' stall widths for all perimeter and garage parking. 8. The final grading plan shall include detailed plans and specifications covering the construction of the proposed retaining walls. 9. This development shall obtain the necessary easements and construct the secondary driveway access to Sherman Court prior to final plat approval. 10. All easements necessary for the looping of the watermain to Sherman Court shall be provided to the City in a recordable format in accordance with City requirements prior to final plat approval. 11. The development is required to provide a watermain connection from the existing 8" line along the southerly portion of the site to the existing watermain in Sherman Court. • 12. Temporary construction/slope easements are required from the northerly adjacent property for grading and retaining wall construction prior to final plat approval, building permit issuance as grading permit issuance, whichever occurs first. 09,3 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations. 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required uired public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. CP(-f 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 Revised: • February 2. 1993 LTS*S STANDARD CON u' I , . ' • , 1 ; 11 . . . -`1'�• i._ ...... ,,'��':!==L .�==_/- •�t _/ �'I ,% ,. 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Norwest Center noPrwEST BANKS RECEIVED Sixth and Marquette Minneapolis, Minnesota 55479-0001 C C A [ 8 1993 612/667-1234 September 28, 1993 Mr. Mike Ridley Planner, City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Ridley: Please be advised that Norwest Bank Minnesota N. A., located at 3390 Pilot Knob Road has no objection to the variance request submitted by EPP Properties required for the development of Norwest 3rd Addition/Preliminary Plat consisting of 1 lot on 2.8 acres zoned Planned Development Limited Business within the Norwest Planned Development We understand that the variance requests the following variances from the City of Eagan City Code: • Reduction of parking stall widths from 10'-0" to 9'-0". • Provision of nine (9) fewer parking stalls than required. We have no objection to these variances and would encourage the City to approve the request, as it will make it possible for EEP Properties to more easily develop this parcel of currently unproductive land. Sincerely, Laurie A. Kvam Consumer Banking Manager cc: John Morgan Wally Johnson Gene Happe/EPP Properties V) 3 fi �da Information Memo October 19, 1993 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/ KERR ADDITION/SHEA ARCHITECTS E. Comprehensive Guide Plan Amendment, Kerr Addition/Shea Architects, Changing the Land Use of approximately 6.5 Acres from LB (Limited Business) to CSC (Community Shopping Center) and a Rezoning from GB (General Business) to a Planned Development District, and a Preliminary Plat Consisting of Four Lots Located Along the East Side of Pilot Knob Road, South of Marice Drive in the SW 1/4 of Section 10--Shea Architects, representing the owners of the Eagan Athletic Club property, are proposing to further develop the property around the existing athletic club to add two 30-unit, 3-story apartment buildings and a 9,000 square foot retail building to be developed in three phases. The property is currently guided for limited business and zoned for general business. The property to the south is generally office development and there is vacant multi-family land to the north and east. Unisys is located across Pilot Knob Road from the site. In order to accommodate this type of development,both a comprehensive guide amendment changing the area to community shopping center and a rezoning to a planned development district, along with a preliminary plat, would be necessary. The Planning ommission discussion of this matter, included in their minutes on pages0S-- through focused primarily on the comprehensive plan/land use issues. Both the Advisory Planning Commission and staff agreed that this proposal seems to be a rather intense use of the property in an area that is already fairly intensely developed. The specific uses in the planned development have also not been defined to reflect any clear development vision. The Commission,therefore, recommended denial of the comp planned amendment and did not address in any further detail the rezoning or preliminary plat. The developer has subsequently suggested a revision to the planned development that would eliminate the retail component. The City Council should note that the Planning Commission was as concerned with the mixture of the residential with the athletic facility on this small site as much as with the additional retail along Pilot Knob. It is staffs opinion this revision does not improve the proposal. Furthermore,if the City Council wishes to have this revision considered, it would be more appropriate to refer the entire item back to the Planning Commission for consideration of the revised proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive plan guide amendment changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) and a rezoning from GB (General Business) to a planned development district and a preliminary plat consisting of four lots Iocated along the east side of Pilot Knob Road, south of Marice Drive in the southwest quarter of Section 10. ( 2 ("( Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28 , 1993 KERR ADDITION - SHEA ARCHITECTS Chairman Voracek opened the last public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) and a Rezoning from GB (General Business) to a Planned Development District and a Preliminary Plat consisting of four lots located along the east side of Pilot Knob Road south of Marice Drive in the SW 1/4 of Section 10. City Planner Sturm advised that the preliminary plat consisted of four lots on 6. 5 acres. He further stated that the Eagan Athletic Club, built in 1973 , is presently located at the center of this site and the applicant proposes to add two 30-unit, 3 story, apartment buildings and a 9, 000 square foot retail building onto the site. Mr. Sturm stated to the Commission that the focus of discussion should be on the proposed land uses, not the specific plans and specifications for the buildings' construction. David Witt, a representative of the applicant, felt that the proposed apartments are compatible with the existing athletic club. He further noted that an existing berm along Pilot Knob Road acts as both a sight and noise screen to the proposed retail building on the front side of the lot. He further noted that the existing landscaping and existing berms will screen parking and soften the coexistence of the club and apartment buildings. Steve Nelson, Executive Director of Cereal Chemists, expressed concern as to potential parking problems for that entire area. He also questioned whether the applicant had knowledge as to what type of retail is proposed to be in the retail building. Member Miller questioned whether the proposed use as apartment buildings are consistent with the surrounding office buildings. City Planner Sturm advised the Commission of the designated Comprehensive Guide Plan uses surrounding the subject property. He further noted that the proposed apartment buildings are permitted uses in a CSC District through the conditional use permit process. Chairman Voracek expressed concern that any more residential uses in the area will create an increase in an already high traffic volume area. Ii l Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 28 , 1993 Community Development Director Reichert noted that the City may need to define and provide guidelines for uses and desired density in CSC districts. Miller moved, Wallace seconded, a motion to deny a Comprehensive Guide Plan Amendment changing the land use of approximately 6.5 acres from LB (Limited Business) to CSC (Community Shopping Center) located along the east side of Pilot Knob Road south of Marice Drive in the SW 1/4 of Section 10. All present voted in favor. Chairman Voracek noted that due to the Commissions, denial of applicant's request to amend the Comprehensive Guide Plan, the applicant's requests for rezoning and preliminary plat need not be addressed. l MEMO city of eagan DATE: OCTOBER 11, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR 4/ FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: KERR ADDITION - SHEA ARCHITECTS The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their October 7, 1993 meeting and make the following recommendations to the City Council relative to Kerr Addition: 1 . This proposal is subject to a cash parks dedication requirement. 2. This proposal is subject to a cash trails dedication requirement. 3. The proposal is subject to a cash water quality requirement based on changes to the surface runoff in pre and post conditions. 4. This proposal is responsible for mitigating the loss of significant trees and woodlands through the planting of 24 Category A, 91 Category B or 182 Category C replacement trees. The trees will be in addition to any other landscaping requirements the City may have for this particular site. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician Joe Merchak, Construction Analyst SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLAT (KERR ADDITION) APPLICANT: SHEA ARCt1TTECTS LOCATION: SW QUARTER SECTION 10 EXISTING ZONING: GENERAL BUSINESS (GB) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1993 DATE OF REPORT: SEPTEMBER 22, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from Limited Business (LB) to Community Shopping Center (CSC), a Rezoning from General Business to Planned Development (PD) and a Preliminary Plat consisting of four lots on 6.5 acres of property currently platted as Lots 7 and 8, Block 3, Effress Addition. EXISTING CONDTTIONSBACKGROUND: The site is located east of Pilot Knob Road, south of Marice Drive, and west of Sherman Court. The 46,500 sq. ft. Eagan Athletic Club built in 1973 is presently located at the center of this site and is constructed with tip-up concrete panels. Adjacent land uses include Cereal Chemists to the south, Unisys to the west, R-4 property to the north, and undeveloped General Business land to the east. In addition to the athletic club building, the site contains an outdoor swimming pool south of the building and surface parking on the northern portion of the lot. COMMENTS: The applicant is proposing a Planned Development that will combine the athletic club use with two 30-unit three-story apartment buildings and a 9,000 sq. ft. retail building to be developed in three phases. The proposed Phase I is for one 30-unit three- story apartment building; Phase II includes a 9,000 sq. ft. retail building; and Phase III is the second 30-unit three-story apartment building. At the present time, the applicant has not provided any confirmed retail tenants. It may be appropriate for the City to designate specific retail uses for this strip center to insure compatible uses. The site plan shows two access points to the site from Marice Drive with the easternmost access serving the apartments and the western access serving the athletic club/retail area. Also, an access from Sherman Court will serve the underground parking of Phase III (apartment building); no access is proposed from Pilot Knob Road. 4 /-7 The apartments will provide one and two bedrooms only; the applicant has stated that 70% of the units will be two bedrooms. Rental ranges have not yet been determined. The applicant has agreed to locate a tot lot. All Community Shopping Center building and parking/drive aisle setbacks are met;however, parking space lengths and drive aisle widths to serve the retail component of the proposal do not meet City standards. Head-to-head parking stalls do not meet the 20' length requirement and the eastern drive aisle does not meet the 24' width required by the City. The applicant is proposing a brick facade for the retail building and vinyl siding on the apartment buildings, both of which will surround the tip-up concrete construction of the existing building. It may be appropriate as part of this Planned Development for the athletic club to undergo a cosmetic facelift that will architecturally tie this building in with the proposed buildings. The applicant shall submit renderings of proposed aesthetic improvements to the athletic club for review and approval by the Advisory Planning Commission and City Council prior to ratification of the Planned Development Agreement. The site plan shows a service area and trash enclosure on the north side of the retail building which shall be constructed of brick and sized to accommodate both trash and recycling receptacles. A new service area and trash enclosure is also shown at the rear of the athletic club which shall be architecturally-treated as well, and sized for trash and recycling operations. All apartment building trash and recycling shall be handled inside each building. Elevations provided of each building do not show any rooftop mechanical equipment. This type of equipment, if any, shall not be visible from any public right-of-way. PARKING: The applicant is proposing 9'wide stalls for the entire site. The City standard is 10' widths with the exception of designated employee stalls which have been allowed at 9'. The site plan provides 57 retail parking spaces, 58 surface, 60 underground spaces for the apartment buildings, and 90 spaces for the athletic club. Currently, 139 spaces exist solely for athletic club use—of which 34 are employee spaces located behind the building. City Code does not specify required on-site parking for health clubs; although a current proposal north of Thomas Lake Center is providing parking at a rate of one space per 250 sq.ft.which is consistent with data from the Institute of Traffic Engineers (ITE). The Eagan Athletic Club has a building area of approximately 46,500 sq. ft. which would result in 186 required on-site parking spaces at the 1:250 ratio. Staff contacted the City of Bloomington and found they base health club parking on load capacities. According to the Eagan Fire Marshal, the athletic club building has a maximum load capacity of 217 people. Assuming a liberal average of 1.5 persons per automobile frequenting the club results in a minimum on-site parking need of 143 spaces. The reduction to 90 spaces proposed to serve the club will not provide enough space at peak times. The proximity of the proposed retail use to the athletic club will result in daily congestion in the southwestern portion of this site due to the similarity of peak use times of these two business types. A combination of the conflict in peak use times and the parking shortage for the athletic club will result in athletic club patrons competing for, and occupying spaces earmarked for retail users and vice-versa. Again, the parking shortages outlined exist with proposed 9' stall widths and would be magnified if the parking met the City standard 10' stall width. The residential portion of the site plan provides the minimum required enclosed parking of one space per unit which shall be included in each unit's rent, while the surface parking is two spaces short of the required 60 space minimum. The two extra stalls can easily be accommodated; however, the layout of this parking area does not lend itself to convenience for a majority of the units in general, and specifically to future residents of the Phase III building. Also, staff has witnessed problems with a number of existing apartments in the City when units are occupied by more people than bedrooms, resulting in severe parking shortages, forcing parking in drive aisles and fire lanes. The applicant has stated the target tenants for these units will be young,single/married adults; this population has high potential of more licensed drivers per bedroom which has been a problem elsewhere in the City. LANDSCAPING/SIGNAGE: The conceptual landscape plan submitted screens parking areas adequately. A mixture of plant species and sizes will provide year-round color. A minimum 3' tall berm shall be maintained along Pilot Knob Road and Marice Drive. An underground irrigation system to all landscaped and green areas will be required. In addition to the existing athletic club ground sign, the applicant is proposing a pylon sign in the southwest corner of the site for the retail building and a new ground sign on the north side of the site for the apartment building. The elevation drawings show a uniform sign band with 2' tall letters along the top of the retail building. The City Sign Inspector has had ongoing problems with the athletic club's temporary promotional signage. City Sign Code requirements are specific for temporary signage, but athletic club owners/managers have not been cooperative in this regard. TREE PRESERVATION: A tree preservation and tree replacement plan has been prepared. The proposed development will impact both significant trees and significant woodlands. A total of 36 significant trees and 15,500 sq. ft. of significant woodlands will be removed. In accordance with the tree replacement schedule, the developer will be responsible for mitigating the loss of significant trees through the planting of 24 Category A, 48 Category B, or 96 Category C replacement trees. In addition, the developer will be responsible for replacing the significant woodlands with 43 Category B or 86 Category C trees which will be in addition to landscape requirements. go GRADING/DRAINAGE & EROSION CONTROL: According to the preliminary grading plan submitted with this application, a substantial portion of the site will be disturbed to prepare the area for the proposed development. The grading for this site will require a maximum cut of 8' and a maximum fill of 9'. Approximately 0.4 acres of trees will be saved on this site. The storm water drainage from this site will be directed to an existing storm sewer system in Sherman Court and Marice Drive that drains to Pond CP-5. Pond CP-5 is a pond on the City's Storm Water Management Plan and it has an outlet which drains westerly across Pilot Knob Road to Pond CP-4. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Pond CP-5 and the trees on this site shall be protected from the grading operations by the use of adequate erosion control measures. Detailed plans and specifications shall be submitted with the final grading plan covering the construction of the proposed retaining walls. The preliminary grading plan shows a 10' high retaining wall to be built along the west side of the existing swimming pool. WATER QUALITY & WETLANDS: This development is located in Drainage Basin C. Runoff from the development will be discharged to Pond CP-5, a sedimentation basin east of Pilot Knob Road and north of Marice Drive. Since there are no downstream recreational water bodies, staff will recommend a cash dedication for this development. The cash dedication will be based on the change in runoff characteristics between the existing development and the new development. There are no wetlands on the site. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: The preliminary plat submittal did not include a proposed sanitary sewer and water layout plan. Sanitary sewer and watermain of adequate depth and capacity is available in Marice Drive, Sherwood Court and Pilot Knob Road. STREETS/ACCESS/CIRCULATION: Street access is readily available to serve this site from Marice Drive to the north and Sherman Court to the east. The preliminary site plan shows two driveway connections to Marice Drive and one driveway connection to Sherman Court. The driveway connections to the public street shall be constructed with a concrete apron built to the City's standards. If the existing parking lot is to be saved, then it shall be upgraded to City standards. The parking lot shall contain a bituminous surface with concrete curb and gutter around the perimeter. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat shall dedicate a permanent drainage and utility easement over the storm sewer,sanitary sewer and watermain lines that cross lot lines. The development will be responsible for ensuring that all regulatory agency permits (MPCA, Department of Health, MWCC, Dakota County Highway Department, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION - KERR ADDITION Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system ' based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water M.F. 2,605/F.F. 480 F.F. S12.504 Total 12 04 CONDITIONS OF PLANNED DEVELOPMENT FOR IERR ADDITION 1. A Planned Development Agreement shall be entered into prior to the Final Plat. 2. The applicant shall review the apartment portion of this site to determine the most appropriate location for a tot lot. 3. The trash enclosure for the retail building shall accommodate trash and recycling and be constructed of brick. 4. All apartment trash and recycling shall be handled inside each apartment building. 5. The trash enclosure proposed for the rear of the athletic club building shall be architecturally-compatible with other buildings on-site. 6. The applicant shall revise the site plan to provide adequate parking for each use. 7. The site plan shall be revised to provide 10' wide stall widths, 18' perimeter, and 20' interior parking stall lengths. 8. The site plan shall be reviewed to determine if surface parking available for the apartment buildings c n be increased and made more convenient. 9. An underground irrigation system shall be provided for all landscaped and green areas. 10. An overall sign agreement shall be entered into prior to Final Plat. 11. All rooftop mechanical equipment shall not be visible from any public right-of-way. 12. The applicant shall submit renderings of proposed improvements to the athletic club for review and approval by the Advisory Planning Commission and City Council prior to ratification of the Planned Development Agreement. 13. Athletic club improvements approved by the City Council shall occur as part of Phase I. 14. Appropriate retail users shall be identified. C -� CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR IERR ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, B3, Cl, C2, C4, D1, El, G1, and H1 2. Parking stalls shall meet standard 10' width and drive aisles shall meet the required 24' width. 3. Detailed plans and specifications shall be submitted for City staff review covering the construction of the retaining walls prior to final plat approval. 4. The utility layout plan shall be submitted to City staff for their review prior to preliminary plat approval by the City Council. 5. The driveway connections to the public streets shall be constructed to City standards. 6. The existing parking lot shall be upgraded to City standards. STANDARD CONDMONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications. 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. 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The APC unanimously recommended denial of a Comprehensive Guide Plan Amendment that would allow retail and multi-family housing on the same site. There was very little discussion by the Commission which focused primarily on the additional multi-family housing proposed. The applicant has since revised the plans and is now submitting them. The revised plans have eliminated the retail building along Pilot Knob Road, but has kept the mutli-family housing units along the eastern portion of the site. Please note that the APC did not discuss the site plans in detail as the land use plan was denied and no action was required on the subsequent applications. The revised plans should be reviewed by the APC to resolve the basic land use issue before the item is forwarded to the City Counicl for their review. New Planned Development Amendment and Preliminary Plat applications are necessary due to the proposed changes. If you would like additional information, please advise. Director of Community Development JS/js ^� y Butler Square.Suite 300A 100 North Sixth Street Minneapolis,MN 55403 612 339 2257 phone 612 349 2930 fax KERR ENTERPRISES II Eagan Athletic Club Apartments Proposed Project Narrative Our Commission #3143.00 October 8, 1993 The proposed project is located at 3330 Pilot Knob Road, at the southeast corner of Pilot Knob Road and Marice Drive. The project consists of two (2) 30-unit apartment buildings. Associated with the project is site and parking improvements to the existing Eagan Athletic Club. The two (2) apartment buildings will be located on the east side of the site. Properties adjacent to the apartments include R-4 zoned land to the north, heavily treed undeveloped GB and NB properties to the east and a developed LB district to the south. The apartments border lightly traveled Marice Drive and Sherman Court. The apartments are set in a significant woodland area. As --any trees as possible will be saved and new trees, of more desirable species than what exist.s will be planted in accordance with the City Tree Preservation and Mitigation Plan. The apartment buildings were orientated towards the undeveloped areas and will be screened from the developed areas. The apartment buildings will consist of 30 units, 21-two bedroom units and nine one bedroom units. The one bedroom units are about 750 square feet while the two bedroom units are about 1,000 square feet. Each unit will have its own washer/dryer unit. The furnishing of appliances in the units will be typical of high quality apartment developments. Each unit will have a heated underground parking space and 160 cubic feet of storage room. The idea of placing apartments next to a health club facility was given great consideration. The health club will give the apartment tenants amenities not found in probably any other local apartment complex. The health club will provide the tenant with exercise facilities, party room, of as well as indoor and outdoor pools. The apartments were sited to be convenient to the hearth club but with enough distance and screening as not be a determent. A tot lot has also been included to provide younger residents of the apartment with their own amenities. Each building is provided with at least 65 parking stalls, in excess of the required 60 stalls. All parking stalls meet the city requirements for stall depth, width, and driving lane width. A balance was sought between the amount of paved surface and green surfaces. The development of the apartment buildings has provided us with an unique opportunity to improve the health club site and parking. The development plans include expanding parking from 139 stalls to 152 stalls. The Planning Department has calculated the number of required stalls to be 143. Also, all stalls will be brought up to current City requirements. The existing health club parking stalls are.9' wide. The landscaping will also be improved. The berm along Pilot Knob Road will be intensely planted with trees and shrubs. This will allow us to screen the parking and the buildings from Pilot Knob Road. Also, the landscaping will be increased along Marice Drive to again screen parking and the existing building. A R C H I T E C T S , I N C . 1P-el Ps 7 141Th MCC Ts' v.) •,, %I v'`I,E; ti, Q5•S, , !,..r .i • :;:i. ,- I"— 1i..1 1 8 171. 1 I " ' :!'. • t LI • `-' W ::" g 1 1 i ; DE :j . 4*Q Vlil Z. = ; 1 I ', t-1::: R7.- ''4 A 2,7„=,, '‘'', 8 9..,;! I-,-. „, Ui ,bip., I ,1 5 91 :; lthr 1: :,-7, g Rkg ! . 3 3 i i 1 : ':.'s lehiCcgt% I 1 1 ../7 \\ \ — - -- -- ■ 1 . - - _moo winais --- -- \., .. —z ______ , _, S._:"."--• 1 I '--- I ( I.- 0 r. er ri I--1g . i I i.,4 - I 1 . 1 :.' 1 -•. z• g Or N\I \ \ I , 6 \ .411 \ \ w ! \ ) i n 9 5 I . . il li — I 1 ' --- ... , / ■ ,___ L.--' II,p ______ ; ih ,, - 1 1 ri ,. 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I z! • 5 i .e.," ‘..., i 2 ' i ! , ' p ., I 1 .1 uts 1 I , . ,... , 1 , . : I .e.117 : I %•■1 ' •- ,-.. ....., g -.. ,_.,•,- , I I I 1 , 1 1 • I ' 1 1 I I I i ! ; ad EJON)I 1.01d . . — — Q. oLli ■ Qe In 6 an . ; u CO ■u n�i V'. 1¢ 3 y ; - La-J F l � i ,, I x t ; E i� Z s =<Fo�'^ as fsMi $ u]i.? -^ za f ��//�9�� ; 8C 3 $..'ter. - 1� II: w �' SI: I 'F S ac VZ i 8 ! S : , , V4nla „ Iuu ,i. w !9:1:: .i +1 3 ,1 f s w4.�Y .91 . .IA IA I.9A Of�.X,101. .I?1 Fv J } ii i J1 HLi ' 111-M- I__ R ilk ilk -- <>11_-_---1 l \\ il - ! I T —Ill J' IU iLJI II' 3 1 g, I II I I - 1I ' "�I ; 71 aim• �I �t I�i; i ' ' !II y — L� .12 6, \ _�! ; ifs. 7,-1 MI �L1, I! V•i., ..gig 1 11 -. - .-I---- -==- E1i ;li _ ou a 9j 1;I w d '.44.! ; \ MI . • I m 1 F� I .I C ,'I � . - - --/ AL I - lli I I � Ii • cc a v — cii 1 I. _-li it=-1' i--Iii�i dB 1 0 ga 1 y& Agenda Information Memo October 19, 1993 City Council Meeting LEGISIA,TWONTERGOVERNMENTAL AITAIRS UPDATE AMM 1994 LEGISLATIVE POLICY PROGRAM A. Recommendations, 1994 AMM Legislative Policy Program--Enclosed on pages through _ is a copy of the most recent AMM bulletin covering the policies and legislative proposals for the 1994 legislative session prepared by the Association's policy committees. The policies will be prioritized at the AMM meeting scheduled for Thursday, November 4, 1993. The first page of the attachment includes a straw poll ballot for use by cities to allow councilmembers to identify their top policy and priorities. The Council should review the AMM policies and identify their top priorities prior to Tuesday evening's meeting. At that time, the City Administrator can collect the straw poll or the results can be discussed by the Council. A consensus of the Council will be communicated to the AMM on or before November 4. ACTION TO BE CONSIDERED ON THIS ITEM: To approve by consensus the top policy priorities for the City of Eagan for the 1994 AMM Legislative Policy Program. ;2EJco w BULLETIN association of metropolitan municipalities p October 1, 1993 AMM MEMBER LOCAL OFFICIALS: Attached are the recommendations for the 1994 Legislative Policy program from the AMM's five standing committees. Please review the policies with your Council for action at the Membership meeting scheduled for Thursday evening November 4 at the Ballroom at the Ramada Conference Center (McGuires) in Arden Hills. A notice on the specifics of the meeting will follow. In order to give you the maximum time possible to review these policies, they are being distributed prior to AMM Board review. Any changes made by the Board at their October 14 meeting will be sent to you in a subsequent mailing. // What Do You Think? Please review the policies and list your top five priorities by policy number. Your participation is important because the policy priorities help determine Sincerely, how staff time and resources are allocated. Dave Childs President, AMM TOP POLICY PRIORITIES, BY POLICY NUMBER 1. 4 . 2 . 5. 3 . City Name (Optional) : Please bring your response to the Membership meeting on November 4 . If you are unable to attend, please mail your response to Roger Peterson, AMM, 3490 Lexington Ave. , No. , St. Paul, MN. 55126 3490 lexington avenue north,st.paul,minnesota 55126(612)490-3301 Cp () 11111111111111111111 1111111111111 _ •111111P _. _ - - _ _ a eto i n of f mr it n - munci ties 41111■ ow. .■► 41111110. - POLICIES - AND LEGISLATIVE PROPOSALS 1994 - - Proposed for AMM Membership consideration on November 4, 1993 - 41111. 411■1- -411110 411 - .11111) - r -41111110-41111110 THIS DOCUMENT PRINTED ON RECYCLED PAPER illeileelielleleiliella 1111111 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 INDEX PART ONE MUNICIPAL REVENUES AND TAXATION PAGE NUMBER I. MUNICIPAL REVENUES 1 - 11 A. LEVY/VALUE LIMITS 1 1. Levy Limits 1 2 . Oppose Valuation Or Operation Freezes 1 B. MANDATED STATE AND FEDERAL PROGRAMS 1 C. LOCAL GOVERNMENT AID 2 1. Aid Formula Criteria 2 2 . Local Government Aid Formula 3 3 . LGA Growth 3 D. PROPERTY TAX 4 1. Homestead Class Rate Change 4 2 . Non-Governmental Tax Exempt Property 4 3 . State, County, City and Metropolitan Owned 4 Tax Exempt Property 4 . Property Tax Reform 5 E. GENERAL FISCAL IMPACT POLICIES 6 1. Fiscal Note Continuation 6 2 . Funding Shifts 6 3 . State Revenue Stability 7 4 . City Fund Balances 7 F. SALES TAX DEDICATION GUARANTEE 8 G. HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA) 9 1. HACA Continuation 9 -i- 2. HACA Growth Factor 9 3 . Oppose HACA Conversion To School Aid 9 4 . HACA Buydown For Class Rate Changes 10 H. STATE IMPOSED FEE FOR SERVICE 10 I. FISCAL DISPARITY FUND DISTRIBUTION 10 PART TWO GENERAL LEGISLATION II. GENERAL LEGISLATION 12 - 19 A. OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL 12 B. TORT LIABILITY 12 C. DATA PRACTICES 13 1. Open Meetings And Data Practices 13 2 . Liquor License Application 14 3 . General Public Data 14 D. POLICE AND FIRE PENSION PROVISIONS 15 1. Amortization Aid 16 2 . Employee Contribution Amount 16 3 . Benefit Increases 16 4 . Assumption Changes 16 E. CONTRACTORS PERFORMANCE BONDS 16 F. CONCURRENT DETACHMENT AND ANNEXATION 16 G. 911 TELEPHONE TAX 18 H. MARKETS FOR RECYCLED MATERIAL 18 PART THREE -ii- 2c HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE III. HOUSING AND NEIGHBORHOODS 20 - 36 A. HOUSING AND NEIGHBORHOODS 20 1. Examine Local Requirements That Affect 20 Housing Costs 2. Practices By Other Levels Of Government 21 Which Affect Housing Costs 3. Mandatory Land Use Standards 21 4 . State Housing Policy 21 5. Local Housing Policy 22 6. Metropolitan Housing Policy 23 7. Neighborhood Liveability 24 8. State And/Or County Licensed Residential 27 Facilities (Group Homes) 9. Licensed Residential Facilities (Group 29 Homes) Inspections B. ECONOMIC DEVELOPMENT 29 1. Cities Re-development and 30 Economic Development Responsibilities 2 . Equal Treatment of Cities 31 3 . Tax Increment Financing 31 4 . Property Tax/Value Abatement Authority 32 5. Local Option for Development Organization 33 Structure 6. County Economic Development Authorities 34 (EDA's) -iii- , 7. Development of Polluted Lands 34 8. Building Permit Fee Surcharge 35 C. LAND USE PLANNING 35 PART FOUR METROPOLITAN AGENCIES IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN 37 - 53 GOVERNMENTAL AGENCIES A. PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES 37 B. CRITERIA FOR EXTENSION OF METROPOLITAN 37 AGENCIES AUTHORITIES C. STRUCTURES, PLANNING, IMPLEMENTATION AND 38 FUNDING OF METROPOLITAN SERVICES AND PROGRAMS 1. Policy Planning - Implementation 38 2 . Funding for Regionally Provided Services 38 3 . Regional Tax Rates and User Fees 39 D. COMPREHENSIVE PLANNING - LOCAL AND REGIONAL 39 INTERACTION E. COMBINED SEWERS - SEPARATION 40 F. METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS 40 1. Budget Detail And Specificity 40 2 . Reliance on Property Taxes 41 3 . Program Evaluation 41 G. METROPOLITAN PARKS AND OPEN SPACE FUNDING 42 1. Operation and Maintenance Funding 42 2 . Regional Bonding For Regional Parks 42 -iv- H. WATER RESOURCE MANAGEMENT 43 1. Water Supply. 43 2 . Surface and Groundwater Water Management 44 3 . Regional Wastewater (Sewer) Treatment 45 System 4. Water Testing Connection Fee 46 I. WASTE STREAM MANAGEMENT 46 1. Integrated Waste Stream Planning 47 2. Hazardous and Dangerous Waste Management 48 3 . Metropolitan/County Responsibilities 49 4. Local Solid Waste Management 50 Responsibilities 5. Funding 6. Organized Collection 51 7 . Host Cities and Cleanup Responsibilities 52 PART FIVE TRANSPORTATION V. TRANSPORTATION POLICY STATEMENT 54 - 65 A. STREET, BRIDGE AND HIGHWAY GENERAL FUNDING 55 B. METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING 55 C. TRANSPORTATION SERVICES FUND 56 D. TRANSPORTATION (HIGHWAY AND TRANSIT) FUNDING 56 ALTERNATIVES E. HIGHWAY AND TRANSIT INTEGRATION PLANNING 57 F. HIGHWAY JURISDICTION REASSIGNMENT, TURNBACKS, 57 -v- 4% N. l3 AND FUNDING G. TRANSPORTATION UTILITY 58 H. '3C' TRANSPORTATION PLANNING PROCESS - ROLE 58 OF ELECTED OFFICIALS I. PRESERVATION OF RAILROAD RIGHT-OF-WAY 59 J. CITY SPEED LIMITS 59 K. TRANSPORTATION INCENTIVES/DISINCENTIVES 60 L. REGIONAL TRANSIT SYSTEM 60 M. MSA SCREENING COMMITTEE 61 N. METROPOLITAN TRANSPORTATION TAX 61 0. AIRPORT POLICY 62 P. BIKEWAY GRANTS PROGRAM 62 Q. OPTOUT 63 R. MSAS FUNDING FOR COMBINED CITY STREET 64 DEPARTMENTS PART SIX ENDORSEMENT POLICIES VI . ENDORSEMENT POLICIES 66 - 74 A. TAXATION HEARING AND NOTIFICATION LAW 66 B. STATE ADMINISTRATIVE COSTS 67 C. REFERENDUM LEVIES 67 D. COMPARABLE WORTH 68 E. LIQUOR ISSUES 69 F. PELRA 70 G. ANNEXATION 71 H. ECONOMIC DEVELOPMENT AUTHORITIES 72 ( L-1-vi- I. WETLANDS CONSERVATION 72 J. MSA MILEAGE LIMIT 73 K. HIGHWAY DEFINITION - TRANSPORTATION FUNDING 73 PART SEVEN METROPOLITAN GOVERNANCE REORGANIZATION VII. METROPOLITAN GOVERNANCE REORGANIZATION 75 - 78 A. LEGISLATIVE REORGANIZATION OF METROPOLITAN 75 GOVERNANCE 1. Restructuring of Metropolitan Agencies 75 2 . Legislative Committee Structure for 76 Metro Issues Consideration 3 . Selection of Metropolitan Council/ 76 Metropolitan Agencies Members 4. Regional Rail Authorities/Transit 77 B. RE-ENERGIZING THE METROPOLITAN COUNCIL 77 -vii- I MUNICIPAL REVENUES PAGE 1 THROUGH 11 ( LEGISLATIVE POLICIES 1994 I MUNICIPAL REVENUE AND TAXATION I-A LEVY/VALUE LIMITS A-1 LEVY LIMITS The Association of Metropolitan Municipalities commends the 1992 Legislature for removing artifical Levy Limitations from cities for 1993 and beyond. The AMM has consistently opposed the levy limit laws in that they apply uniform statewide restrictions to cities and are too inflexible to accommodate inflation, uncertanties in state and federal financial aids, and the diverse problems and circumstances faced by cities throughout the state. Such laws are inconsistent with principles of local self-government and accountability. Neither do they recognize changing local conditions as to either expenditure needs or revenue sources. Levy limits ultimately work against the interests of local taxpayers because the law creates an incentive for cities to take maximum advantage of the opportunity to make general or special levies. THE AMM STRONGLY SUPPORTS THE LEGISLATURE'S DECISION TO END LEVY LIMITATIONS FOR CITIES AND FURTHER URGES THAT LEVY LIMITS NOT BE REINSTATED IN THE FUTURE. A-2 OPPOSE VALUATION OR OPERATION FREEZES During the 1993 legislative session the administration and some legislators made several proposals related to levy limitation through freezes or referenda. As in the case of the previous levy limitations these type of artificial restrictions will work adversely for the taxpayers in the long run. Property valuation freezes will create property tax disparities between current and new property and will create large individual tax bill fluctuations when the freeze is lifted and property valued at market. Also, creating temporary payroll or operating freezes will in turn cause larger increases at some later point or violation of state labor law. Providing referenda to allow frozen operations to increase will in itself cost money and impose unnecessary bureaucracy into the local government budget process. THE AMM OPPOSES IMPOSITION OF ARTIFICIAL GIMMICKS SUCH AS VALUATION FREEZES, PAYROLL FREEZES WITH REFERENDA, OR OTHER LIMITATIONS TO THE LOCAL GOVERNMENT BUDGET AND TAXING PROCESS. I-B MANDATED STATE AND FEDERAL PROGRAMS The cost of local government is being influenced more and more by -l- a ) 7 both state and federal legislatively mandated programs and increased mandated benefits or costs for in place programs. At the same time the legislature and administration are suggesting that expenditures are far too great at the local level and that cutbacks are needed. Cities cannot provide additional mandated programs without seriously impacting the ability of cities to provide the traditional services of public safety, street maintenance, snowplowing, etc. Mandated programs such as pay equity, binding arbitration, PELRA, certain Data Practice requirements, expensive election rules, waste recycling, and truth in taxation cost money. These costs must be recovered through levy, state payment, or reduction of current service. There is no other way. THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INFUSION OF FUNDS MANDATES A NEW PROPERTY TAX OR A DECREASED EXPENDITURE IN THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE, WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED, THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING ASSISTANCE. I-C LOCAL GOVERNMENT AID State Aid to cities has been a much debated legislative issue for two decades. Over that time the formula(s) have ranged from pure per capita, to need based on value and service, to a distribution based on location and past spending. Homestead Credit has changed to Homestead Aid and is no longer a direct taxpayer subsidy. New gimmicks such as Disparity Reduction Aid (Mill rate equalization) and Tax Base Equalization Aid, have been invented to target money to various regions when the general aid formula could not be politically designed to work. With few exceptions, cities across the nation have access to more than one form of municipal revenue. The dedicated Local Government Trust Fund recognizes that and provides Minnesota cities with a second source, sales tax, in addition to the traditional small share of the property tax. The advent of the dedicated Local Government Trust Fund (LGTF) made up of 1 1/2 cent current sales tax revenue and 1/2 cent locally enacted sales tax revenue provides the opportunity to return to the basics and to develop a rational redistribution formula. That formula should recognize the sales tax as 1) a second source of city revenue to fund general city services as well as 2) a source of funds to help eliminate some of the disparities caused by unique municipal overburden and for low property wealth. C-1 AID FORMULA CRITERIA -2- C ANY AID DISTRIBUTION FORMULA SHOULD CONSIDER AND SUBSTANTIALLY INCORPORATE THE FOLLOWING CRITERIA: .THE SALES TAX IS A GENERAL REVENUE SOURCE FOR CITY EXPENDITURES AND THUS SOME DISTRIBUTION TO EACH COMMUNITY MUST BE PROVIDED TO UPHOLD THE ORIGINAL COMMITMENT TO ALL OF THE STATES TAXPAYERS; .RECOGNITION OF BURDENS CAUSED BY RAPID POPULATION GROWTH; .RECOGNITION OF BURDENS CAUSED BY POPULATION LOSS IN MEETING THE DEMANDS FOR PUBLIC SERVICES; .RECOGNITION OF NEEDS BASED ON CHANGING DEMOGRAPHICS SUCH AS AGING POPULATION, HOUSING STOCK, AND INFRASTRUCTURE; .RECOGNITION OF WEALTH OR TAX CAPACITY; .RECOGNITION OF BASIC NEEDED SERVICES WHICH SHOULD BE SUPPORTED AT AN APPROPRIATE SUPPORT LEVEL; AND .RECOGNITION OF PROPERTY TAX BURDEN RELATIVE TO INDIVIDUAL WEALTH. C-2 LOCAL GOVERNMENT AID FORMULA The aid formula proposal developed by the League of Minnesota Cities for the 1993 legislative session basically incorporated the criteria as stated in I-C-1 above. The legislature modified the LMC proposal by using average statewide tax rate times tax capacity as the base rather than twice the average tax base, substituted a declining grandfather for the LMC rolling grandfather, and added some cap limitation. Although the distribution changed some, the adopted formula is based on need and does substantially include the need criteria. ALTHOUGH THE ORIGINAL 1993 I)IC PROPOSED LGA FORMULA IS PREFERRED, THE AMM CAN SUPPORT CONTINUATION OF THE CURRENT LGA FORMULA THROUGH 1995. HOWEVER, IF CHANGES ARE CONSIDERED BY THE 1994 LEGISLATURE THAT WOULD ADVERSELY AFFECT THE STABILITY OR INTEGRITY OF THE PROGRAM, THE AMM WOULD STRONGLY SUPPORT RETURNING TO THE ORIGINAL 1993 LMC PROPOSAL. CONVERSELY, THE AMM WILL SUPPORT CHANGES OFFERED TO THE CURRENT FORMULA THAT HAVE A POSITIVE IMPACT ON METRO AREA CITIES. C-3 LGA GROWTH In order to ensure that city property taxes do not grow abnormally, there needs to be continued growth in the LGA which is a major portion of the overall revenue base of cities. THE AMM SUPPORTS CONTINUED GROWTH OF LGA IN 1995 THROUGH INCREASED -3- 1 CONTRIBUTION FROM SALES TAX TO THE LOCAL GOVERNMENT TRUST FUND. THE LGA GROWTH RATE SHOULD EQUAL THE LGTF GROWTH RATE. I-D PROPERTY TAX D-1 GENERAL CLASS RATE CHANGES A portion of the property tax relief provided to farms by the 1993 legislature was accomplished by shifting county and school taxes to city taxpayers. This shifting causes local property tax burdens for certain properties to increase due to the actions of the state legislature. However, local government officials are held responsible by their taxpayers. THE AMM OPPOSES CHANGES TO THE PROPERTY TAX CLASSIFICATION SYSTEM THAT WOULD CAUSE SIGNIFICANT SHIFTING OF PROPERTY TAX BURDENS FROM ONE CLASS TO OTHERS. D-2 NON-GOVERNMENTAL TAX EXEMPT PROPERTY One of the glaring inequities in the Minnesota tax system involves the free local services that are provided to tax exempt property owned by certain non-governmental organizations. It is widely acknowledged that such property benefits directly from governmental services such as police and fire protection and street services provided by cities. However, since there is not legal basis for claiming reimbursement for the cost of such services, they are borne by the local taxpayers. Furthermore, such property is concentrated in certain cities resulting in a heavy cost burden in certain parts of the state. THE ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY ENACTING LEGISLATION, REQUIRING OWNERS OF TAX EXEMPT PROPERTY, EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND SEMINARIES OF LEARNING, TO REIMBURSE CITIES FOR THE COST OF MUNICIPAL SERVICES SUCH AS POLICE, FIRE, AND STREETS. D-3 STATE, COUNTY, CITY AND METROPOLITAN AGENCY OWNED TAX EXEMPT PROPERTY The State of Minnesota, some cities, counties and Metropolitan Agencies own a significant amount of property within the metropolitan area. Cities provide a range of services that benefit these properties. However, since the they are exempt from paying property taxes, municipalities are not reimbursed for the cost of these services. This places an unreasonable burden on cities. The State of Wisconsin established a program called "Payment for Municipal Services" in 1973 . The program provides a mechanism for -4- 09• XD municipalities to be reimbursed by the state for services they provide to state-owned properties. Through a formula based on the value of state-owned buildings within a city, the Wisconsin system reimburses cities for police, fire, and solid waste services. THE AMM ENCOURAGES THE STATE LEGISLATURE TO ESTABLISH A PROGRAM FOR REIMBURSING MUNICIPALITIES FOR SERVICES TO STATE, COUNTY, OTHER CITY AND METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE THAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT THEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR SERVICES THAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA, COUNTIES, ANOTHER CITY AND METROPOLITAN AGENCIES. D-4 PROPERTY TAX REFORM Many significant changes in the property tax system have been made since the 1988 Session. The AMM believes it is critical that any future proposals be evaluated on the basis of their impact on individual communities. A proposal that may appear balanced on a statewide basis can have very disparate effects on individual cities. The difference in property tax burdens among taxpayers living in neighboring tax jurisdictions which provide similar services must also be kept within reasonable limits. Any significant tax burden disparities would adversely affect cities' abilities to compete on a fair basis for residents and economic development. Tax increment districts are dependent on tax rates and assessment ratios of the current property tax system. The financial viability of those projects should not be jeopardized by state-imposed changes in the tax structure. Likewise, enterprise zone businesses have been recruited based on a commitment that they would receive a preferential classification ratio in the calculation of their property tax obligations. These development districts should be protected from any negative consequences of tax reform. The tax increment financing plan in effect at the time legislation is passed should be the basis for determining remedies. In enacting any major reforms of the Minnesota property tax system, including the complementary system of property tax relief through aids to local government, the AMM recommends that the Legislature pursue policies which meet the following conditions: THE IMPACT OF ANY PROPOSAL SHOULD BE THOROUGHLY ANALYZED, FOR ITS IMPACT STATEWIDE AND ON INDIVIDUAL COMMUNITIES. MAJOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR. -5- ALL SIGNIFICANT CHANGES SHOULD BE PHASED IN SO THAT CITIES CAN ADEQUATELY PLAN FOR ANY NEEDED ADJUSTMENTS. LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAM OF PROPERTY TAX RELIEF SHOULD REMAIN AN ESSENTIAL COMPONENT OF THE PROPERTY TAX SYSTEM. CATEGORICAL AID PROGRAMS SHOULD NOT BECOME A SUBSTITUTE FOR LGA AND RELATED PROPERTY TAX RELIEF PROGRAMS. PROPERTY TAX REFORM SHOULD RECOGNIZE THE TAX/CASH FLOW NEEDS OF AND NOT JEOPARDIZE EXISTING DEVELOPMENT DISTRICTS, TAX INCREMENT FINANCE DISTRICTS OR ENTERPRISE ZONES. THE CHANGES IN TAX STATEMENTS MADE BY THE 1988 LEGISLATURE HAVE THE POTENTIAL TO MISLEAD TAXPAYERS ABOUT THE VALUE OF HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA) PAYMENTS MADE TO LOCAL GOVERNMENTS AND SHOULD BE CORRECTED. AN INCOME-ADJUSTED CIRCUIT BREAKER AND RENTERS' CREDIT SHOULD CONTINUE. SIMPLIFICATION AND ACCOUNTABILITY ARE DESIRABLE GOALS THAT SHOULD BE ADDRESSED WITHIN THE ABOVE TENETS. I-E GENERAL FISCAL IMPACT POLICIES E-1 FISCAL NOTE CONTINUATION Many laws are passed each year by the legislature which have a substantial effect on the financial viability of cities. Some of these, such as revenue and tax measures, have an obvious and direct effect which is often calculated and reported during the hearing process. Many others, such as worker's compensation benefit increases, mandated activities, binding arbitration and other labor related legislation, social programs, etc. , have costs which are not as obvious but which will now be known due to a fiscal note requirement. Cities and others will now be able to determine the real cost of a program or suggestion and be able to use this data in determining the merits. THE STATE SHOULD CONTINUE A POLICY OF "DELIBERATE RESTRAINT" ON ITS MANDATED PROGRAMS AND UTILIZE EXTENSIVELY THE RECENTLY ADOPTED FISCAL NOTE STATUTE IDENTIFYING LOCAL GOVERNMENT COSTS ON ANY NEW MANDATED PROGRAMS. E-2 FUNDING SHIFTS The Minnesota House of Representatives Research Department annually prepares 'Major State Aids and Taxes: A Comparative Analysis' . The statistics for 1985 through 1992 show an imbalance of state revenues collected and aids and credits distributed -6- between the metropolitan and outstate areas. Nearly 65% of the State Revenue is collected in the Metropolitan Area while only about 45% of the aids and credits are redistributed in the metro area. In 1992 there was $.56 returned in aids and credits for each dollar collected in the metro area (down 3 cents from 1990) whereas, there was $1. 27 returned per $1. 00 collected in greater Minnesota (down 5 cents from 1990) . The trend in the past two to three years has been very slightly in favor of the metro area but there is still a vast imbalance in favor of outstate distribution per amount collected. If the imbalance is allowed to continue, state tax and aid policies may jeopardize the future economic growth of the metro area to the detriment of the whole state. STATISTICS COMPILED BY THE HOUSE RESEARCH DEPARTMENT SHOW THAT THE MAJORITY OF THE STATE REVENUE IS RAISED IN THE METRO AREA WHILE ONLY A MINORITY OF THE STATE AIDS AND CREDITS ARE ALLOCATED TO THE METRO AREA. THE AMM REQUESTS THE LEGISLATURE TO CONTINUE TO REDUCE THE IMBALANCE AND TO CONSIDER HOW THIS DISTRIBUTION OF RESOURCES EFFECTS THE ECONOMIC GROWTH AND VITALITY OF THE METRO AREA AND THUS THE ENTIRE STATE. E-3 STATE REVENUE STABILITY The AMM has in the past supported a state reserve fund to help deal with unanticipated economic changes that could result in mid year cuts to various city aid programs. The AMM also supports cash flow balances for cities so that short term borrowing is unnecessary. The same case can be made for the states cash flow. Finally, it seems prudent to develop a mid term correction or unallotment process that does not penalize any one segment of the state budget recipients over another segment if the economy drops beyond a reasonable reserve balance. THE AMM SUPPORTS A CONTINUED STATE FUND TO PROVIDE FOR STATE BUDGET CASH FLOW NEEDS AND A RESERVE FOR UNEXPECTED BUDGET SHORTFALLS DUE TO ECONOMIC DOWNTURNS. THE AMM ALSO ENCOURAGES THE LEGISLATIVE COMMISSION ON PLANNING AND FISCAL POLICY TO ADOPT A UNIFORM ACROSS THE BOARD UNALLOTMENT PROCESS FOR MAJOR ECONOMIC DOWNTURNS SIMILAR TO THAT PROVIDED BY THE 1993 LEGISLATURE. E-4 CITY FUND BALANCES There are several reasons why cities must carry adequate fund balances. First, cities need substantial cash balances at the beginning of their fiscal year to finance expenditures for the first six months of the year. (By statute, cities' fiscal year is on a calendar year basis, running from January 1 through December 31 . ) The main sources of city revenue are property taxes and state aid; property tax payments are not made to cities until June and state aid is not provided until late July -- six to seven months into the city fiscal year. Without the necessary cash -7- C:9°23 balance at the beginning of the year cities do not have funds to operate for the first half of the fiscal year. The alternative would be for the city to engage in costly borrowing which is not in the interest of local taxpayers or the state. The office of the state auditor has recommended that to be prudent, cities should carry an end-of-the-year dedicated cash balance sufficient to fund city expenditures for the first half of the year. Second, many cities, in order to save taxpayer dollars and avoid paying costly interest on debt, accumulate funds for major capital purchases and infrastructure. A common example is saving over a period of years to purchase an expensive fire engine or public works vehicle. In some cities, it may appear as if a city has a large reserve compared to its annual expenditures, but in reality it is saving�� for a major purchase. Confusion over this practice has lead cities to more prudently "designate" their fund balances to clarify the intended future use of such funds. Because of the vast differences in the size of the 856 cities of Minnesota and the various local preferences in financing purchases, it would be bad public policy for the Legislature to restrict or eliminate cities' abilities to accumulate fund balances. Third, cities need to maintain some fund balance to meet emergency or unanticipated expenditures created by situations such as cuts in aid, natural disasters, lawsuits, and premature breakdown of vital equipment. Cities are not given the necessary revenue raising authority to be able to address these issues in the middle of a budget year. And finally, bond rating firms require liquidity and a demonstrated ability to pay debt in order to receive a favorable bond rating. Bond rating firms scrutinize city fund balances when rating bonds. The better the bond rating of a city, the lower the interest cost of borrowing are to the taxpayer. Therefore, THE LEGISLATURE SHOULD NOT ATTEMPT TO CONTROL OR RESTRICT CITY FUND BALANCES. THESE FUNDS ARE NECESSARY TO MAINTAIN THE FISCAL VIABILITY TO MEET UNEXPECTED OR EMERGENCY RESOURCE NEEDS OF CITY GOVERNMENTS, TO PURCHASE CAPITAL GOODS AND INFRASTRUCTURE,PROVIDE ADEQUATE CASH FLOW AND TO MAINTAIN HIGH LEVEL BOND RATINGS. I-F SALES TAX DEDICATION GUARANTEE The AMM commends the Legislature for the creation of the Local government Trust Fund (LGTF) consisting of sales tax dedication to city/county property tax relief. City governmental officials have long needed a stable source of funding to augment the property tax for provisions of municipal services. -8- .,14o CITIES CONTINUE TO SUPPORT THE CONCEPT OF THE LGTF WHICH INCLUDES AN IRREVOCABLE DEDICATION OF A PORTION OF THE SALES TAX AND MOTOR VEHICLE EXCISE TAX TO A DEFINED AND STABLE SET OF PROPERTY TAX RELIEF PROGRAMS. IF DEDICATION CANNOT BE ASSURED UNDER THE CURRENT SYSTEM, THE AMM WILL PURSUE MODIFICATIONS TO THE STRUCTURE AND COMPOSITION OF THE FUND OR A CONSTITUTIONAL DEDICATION OF THE TRUST FUND REVENUES TO PROPERTY TAX RELIEF PROGRAMS, OR BOTH. I-G HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA) G-1 HACA CONTINUATION Homestead and Agricultural Credit Aid (HACA) is the residual aid from the old Homestead and Agricultural credit programs. Taxpayers see a Homestead calculation on their Property Tax Statements but as time has passed, this calculated number and the actual HACA payment to local governments is sugnificantly different and of no relationship. $50 million of city HACA was shifted to schools in the late 1980's and has since been further reduced through general aid cuts. Unfortunately the school tax rates reduced by the shift have since risen beyond the buydown level. HACA is an integral part of the state and local governmental service financing. It is the vehicle used to control property tax increases when class rates are modified and it augments not duplicates the LGA system. HACA is as important as LGA and thus should be continued as a major part of the state and local fiscal partnership. HACA SHOULD BE CONTINUED AS A PART OF THE STATE AND LOCAL FISCAL RELATIONSHIP AND INCREASED AS APPROPRIATE. G-2 HACA GROWTH FACTOR The 1993 legislature repealed the HACA growth factor for cities, towns, schools, and special taxing districts but not for counties beginning in 1994 . The HACA growth factor assures that the property tax relief provided by the state through the classification system is paid by the state and not through tax shifts to other property and it is especially needed as a partial property tax relief offset in high homestead growth areas. THE AMM URGES THE LEGISLATURE TO RESTORE THE HACA GROWTH FACTOR FOR ALL CITIES OR PROVIDE AN ALTERNATE ESCALATOR. G-3 OPPOSE HACA CONVERSION TO SCHOOL AID Converting city HACA or LGA to school aid could force cities to dramatically increase their property taxes in order to maintain sufficient operating revenues. In addition, due to constant pressure to increase the resources available for schools, there is no assurance that conversion of city HACA or LGA to school aid -9- would result in permanent reductions in school levies or have a neutral impact on the taxes paid by local taxpayers. THE AMM OPPOSES CONVERSION OF CITY HACA TO SCHOOL AID G-4 HACA BUYDOWN FOR CLASS RATE CHANGES In the past the legislature has used HACA to pay for class rate changes for C/I and high valued homestead properties to ensure that other property classes are not penalized. THE AMM SUPPORTS STATE BUYDOWN OF FUTURE CLASS RATE CHANGES THROUGH HACA TO PREVENT SHIFTING PROPERTY TAX BURDENS TO OTHER PROPERTY CLASSES. I-H STATE IMPOSED FEE FOR SERVICE The legislature recently adopted a fee of $5.21 for each municipality connected water hook up to provide money for federally mandated water well testing. The state imposed the fee in a way that local city officials have been blamed for the fee and increases on water bills resulting from the fee. In addition the fee was not imposed on trailor parks and certain other private interests, thus allowing a large portion of the population to escape paying. Finally, it has been reported that the total collected was in excess of the need and that the excess has been deposited in the state general fund for general expenses. THE AMM OPPOSES THE STATE MANDATING FEES IN A MANNER THAT FORCES CITY OFFICIALS TO BE HELD AS THE RESPONSIBLE CULPRITS IN LEVYING AND EXPLAINING THE PURPOSE. THE AMM ALSO OPPOSES FEES THAT ARE NOT SPREAD EQUITABLY TO ALL AND OPPOSES OVER COLLECTION OR USE OF A REVENUE GENERATED FOR A SPECIFIC PURPOSE TO BE USED FOR GENERAL GOVERNMENT EXPENSES. I-I FISCAL DISPARITY FUND DISTRIBUTION Fiscal Disparities (F.D. ) is a fiscal tool that shares Commercial/Industrial property value for tax purposes in the seven-county metropolitan area. Its primary purpose is to help equalize, to some degree, the property tax wealth among the cities by sharing part of the growth in communities experiencing significant growth with those experiencing little growth. A secondary aspect is it tends toward equalizing taxes on similar C/I properties in various communities. Recently suggestions have been raised to use a percentage of the fiscal disparities funds for specific social or other programs in the metropolitan area. Because of the way F.D. is calculated, this would amount to a hidden property tax increase across the metropolitan area that impacts the property tax poorer cities the -10- most. Fiscal disparities distribution is applied after levy certification so the property tax increase is automatic, not discretionary at the local level. Therefore, THE AMM OPPOSES USE OF FISCAL DISPARITIES TO FUND SOCIAL OR PHYSICAL METROPOLITAN PROGRAMS SINCE IT RESULTS IN A METROPOLITAN -WIDE PROPERTY TAX INCREASE HIDDEN FROM THE PUBLIC WITH AN EXCESSIVE IMPACT ON COMMUNITIES WITH LOWER PROPERTY WEALTH. -11- j)'& 1 II GENERAL LEGISLATION PAGE 12 THROUGH 19 as II GENERAL LEGISLATION II-A OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL The AMM has for many years opposed certain statutory changes that erode local authority or mandate activities which cost money to implement unless there is a provision to recover those costs. Rather than adopt a separate policy for each issue, the AMM believes that as general policy the legislature should not decrease current authority or mandate activities creating added costs to cities without providing the necessary funding or unless there is overwhelming obvious demonstration of obvious need. Included in this general policy is opposition to mandates such as; mandating wards for elections, setting city employee salaries, state or metropolitan licensing of tree treatment contractors, plumbing inspections by licensed plumbers only, and requiring competitive bidding for land sales. THE AMM OPPOSES STATUTORY CHANGES WHICH ERODE LOCAL CONTROL AND AUTHORITY OR CREATE ADDITIONAL TASKS REQUIRING NEW OR ADDED LOCAL COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM. THIS INCLUDES MANDATING ELECTION BY WARDS AND INTRUSION IN SETTING LOCAL SALARIES. II-B TORT LIABILITY The Municipal Tort Liability Act was enacted to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity with its inconsistent and irrational distinctions between governmental and proprietary activities. The act has served that purpose well in the past, however, courts frequently forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enactment of the comprehensive act which includes some limitations on liability and some qualifications of normal tort claims procedure. The special vulnerability of far-flung government operations to debilitating tort suits continues to require the existence of a tort claims act applicable to local governments or local governments and the state. The need for some type of limitations is evidenced by recent experiences with the insurance market. Cities in Minnesota are finding it increasingly difficult to obtain insurance at an affordable rate, if at all. Amendments in 1983 to increase the dollar amounts recoverable by plaintiffs should be adequate to satisfy any reasonable claim. Further changes in limits beyond the current $200, 000 per person and $600, 000 per occurrence should not be made. Joint and several liability provisions have been modified to lessen the deep pockets effect some. The current limit of payment is times two for liability of 35% or less (i.e. if the city is 30% -12- jg-C\ liable, they may be required to pay 60% of the damage award) or total responsibility if liability is over 35% (i.e. if the city is 40% liable, they may be required to pay 100% of the damage award) . This still seems onerous especially when this comes out of taxpayers pockets. Payment liability should definitely not be increased. THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT LIABILITY ACT AND RECOMMENDS THAT THE CURRENT LIMITS OF LIABILITY REMAIN INTACT. JOINT AND SEVERAL LIABILITY PROVISIONS FOR PAYMENT LIMITS SHOULD NOT BE INCREASED FROM CURRENT LAW SO THAT TAXPAYERS ARE NOT MORE UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS. II-C DATA PRACTICES C-1 OPEN MEETINGS AND DATA PRACTICES The Legislature needs to continually reexamine the open meeting law and the data practices act. The intent of the open meeting law is to ensure, within practical limits, the access of persons to the actions and motivations of government. The data practices act is intended to ensure, within practical limits, the privacy of persons who willingly or unwillingly become involved with their government. Both laws are difficult to follow individually, and when private or other classified information must be discussed by a public body subject to the open meeting law, as inevitably it must in many situations, the government is forced to attempt to meet two conflicting statutes. The Legislature has attempted to identify problem areas and to provide clear rules for local government to follow. Unfortunately, not all circumstances can be anticipated nor remaining ambiguities addressed. Selection of city employees is complicated by the data practices act's classification of the identity of non-finalists as private. If meetings of public bodies to screen applicants until finalists are chosen were closed, this would protect the privacy rights of individuals and yet allow the public to be involved at the most important stage of the process, that being the selection of an employee from the group of finalists. Certain meetings, such as settlement meetings involving judicial or administrative actions, are more likely to be more productive and concluded faster if they are not subject to the open meeting law. The legislature should broaden current provisions to allow quasi-judicial officers or certain state employees to authorize closed meetings of public bodies. Several city officials have incurred huge personal costs defending open meeting law violation allegations, because state law treats the open meeting law somewhere between a civil and criminal matter. Recent proposals to increase the penalty section of the -13- � 30 open meeting law as a means of ensuring greater compliance are misplaced. City officials are making good faith efforts to comply with both laws. Without additional clarification, however, the Legislature must realize that city officials owe it to their constituents to limit the city's exposure to liability. THE AMM SUPPORTS LEGISLATION CLARIFYING THE OPEN MEETING LAW AND THE DATA PRACTICES ACT TO MAKE LOCAL GOVERNMENT COMPLIANCE EASIER AND LESS COSTLY. PUBLIC BODIES SHOULD BE ALLOWED TO CLOSE MEETINGS TO SCREEN JOB APPLICANTS UNTIL FINALISTS HAVE BEEN CHOSEN. THE LEGISLATURE SHOULD REPEAL CURRENT PROVISIONS WHICH REQUIRE REASONABLE EFFORTS TO KEEP DATA PRIVATE WHICH MUST BE DISCUSSED PUBLICLY, THUS FORCING LOCAL OFFICIALS TO VIOLATE ONE OR THE OTHER LAW OR TARE ACTION UNAPPROPRIATELY. THE LEGISLATURE SHOULD CONSIDER ABANDONING JUDICIAL ACTIONS AS THE PRIMARY MEANS OF ENFORCING THE OPEN MEETING LAW. ALTERNATIVE DISPUTE RESOLUTION MECHANISMS, COMMISSIONS SIMILAR TO THE STATE NEWS COUNCIL, OR OTHER OPTIONS SHOULD BE EXPLORED. AT THE VERY LEAST, THE LEGISLATURE SHOULD AUTHORIZE LOCAL GOVERNMENTS TO REIMBURSE THEIR OFFICERS TO THE SAME EXTENT AS IF CRIMINAL CHARGES WERE BROUGHT BECAUSE OF THEIR OFFICIAL ACTIONS. C-2 LIQUOR LICENSE APPLICATION The definition of `licensing agency' in Minn. State 13 .41 is not clear as to the inclusion of cities, therefore, it is unclear whether all or part of the information on license issuance is public. This can be a real problem when issuing liquor licenses, since part of the data concerns sensitive business and personal finances. THE AMM ENCOURAGES THE LEGISLATURE TO CLARIFY THAT POLITICAL SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES IN MINN. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSON OR BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR LICENSE OR OBTAINED AS A RESULT OF AN INVESTIGATION OF THE APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE. C-3 GENERAL PUBLIC DATA The Government Data Practices Act allows municipalities to charge the actual costs of searching for, retrieving, and copying public data if copies of the data are requested. The law prohibits municipalities from charging the costs of searching for and retrieving data if a person asks only to inspect it. In many cases, the searching and retrieving are the most time-consuming aspects of supplying data. Making a copy is frequently only a small portion of the time required and should not be the standard for determining whether a charge is appropriate. Profit-making enterprises have used this free service to augment -14- a3I their businesses. For example, individuals have established businesses for preparing special assessment searches. Personnel from these businesses use city facilities, including expensive computer equipment, to obtain the special assessment data. The personnel may also take significant amounts of staff time for explanations of the data collected. They then dominate the publicly provided telephone for lengthly periods to transmit the information obtained. These businesses use city facilities and personnel as part of a profit-making enterprise, solely at taxpayer expense. Municipalities should be allowed to charge for retrieving and explaining public data whether or not the request includes copying. The law also prohibits municipalities from charging for separating public from non-public data. This task may be very time-comsuming and is necessary to protect the non-public data. Municipalities should be allowed to charge for this service. To preserve the Act's spirit and intent of keeping government records open to inspection for public purposes, the new charges proposed would not apply to the media or to private citizens requesting information about themselves or their own properties. THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03, SUBD. 3 TO ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON-PUBLIC DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OR THEIR OWN PROPERTIES. II-D POLICE AND FIRE PENSION PROVISIONS Local police and full-time fire relief associations were phased out by the 1980 legislature, unless the local council opts to keep the relief association. All new employees will become part of the state police and fire PERA fund and the state will reimburse local units for a portion of the unfunded liability remaining in the local fund. The unfunded liability was projected to be paid by the year 2011 but during the 1980's, investment earnings were in excess of 10% and thus could, at that continued rate, reduce the time to year 2005. Past earnings are not an indication of what happens in the future. The legislature considered siphoning earnings in excess of that needed for 2011 amortization to reduce state payments and property tax levy for unfunded liability as well as provide a bonus (13th. paycheck) to retirees. If investment increase drops below 10%, the local property taxpayers in future years will pay more, not only to pick up the property tax reduction but the state reimbursement reduction. It would be better public policy to wait until the unfunded liability is funded. Also, 1979 Law set employee contributions at 8% and the Legislative Retirement Commission has in the past established a -15- general policy requiring public safety employees to pay 40% of the normal pension costs. D-1 AMORTIZATION AID THE AMM OPPOSES LEGISLATION THAT PROVIDES FOR REDUCTIONS OF STATE AMORTIZATION AID TO LOCAL POLICE AND FIRE RELIEF ASSOCIATIONS. D-2 EMPLOYEE CONTRIBUTION AMOUNT EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8%, IN MANY FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. THE AMM URGES THAT THE CONTRIBUTION LEVEL BE SET AT 40% OF THE NORMAL COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 8% OF BASE SALARY. D-3 BENEFIT INCREASES THE AMM OPPOSES ANY BENEFIT INCREASES FOR LOCAL POLICE AND FIRE RELIEF ASSOCIATIONS UNLESS AN INCREASE, INCLUDING ANY RESULTING DEFICIT, IS FINANCED 50% BY THE EMPLOYING CITY AND 50% BY EMPLOYEES ON A CURRENT BASIS. D-4 ASSUMPTION CHANGES THE AMM SUPPORTS CHANGES IN ACTUARIAL ASSUMPTIONS RELATING TO SALARIES AND INVESTMENT RETURN TO MORE TRULY REFLECT EXPERIENCES. THE AMM OPPOSES PAYMENT OF ANY TYPE OF BONUS TO ACTIVE OR RETIRED MEMBERS (13TH. CHECK) AS A PART OF ACTUARIAL ASSUMPTION CHANGES. II-E CONTRACTORS PERFORMANCE BONDS The 1989 legislature modified Minnesota Statutes 574 . 26 to allow contractors to provide a letter of credit instead of a performance bond for contracts of less than $50, 000. Although an improvement at the time, this still will create significant hardship with many reputable minority and small contractors. In todays market, projects in excess of $50, 000 are very common and are not really large jobs. Experience also shows that letters of credit are safer for the public and easier to collect than Bonds. The emphasis should be on protecting the public. THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS, OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS TO THEREBY ENHANCE OPPORTUNITIES FOR MINORITY AND OTHER SMALL CONTRACTORS. II-F CONCURRENT DETACHMENT AND ANNEXATION Prior to 1985 the changing of municipal boundaries initiated by -16- property owners was limited to the single case where their property was totally surrounded by another community. The 1985 legislation opened the possibility up to all property owners to initiate such action. This broad based allowance is problematic in some instances because of the City expense and intercity divisiveness that it causes. IT IS THE POLICY OF THE AMM THAT THE PROVISION ALLOWING PROPERTY OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING UNDER ANY OF THE FOLLOWING CRITERIA. -THE PROPERTY OWNERS HAVE BEEN DENIED A REASONABLE USE OF THEIR LAND WHICH IS CONSISTENT WITH AND ALLOWED UNDER THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE NOT BEEN DENIED A REASONABLE USE IF THE PERMITTED DEVELOPMENT HAS BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN. -THE COMPREHENSIVE PLAN DOES NOT ACCOUNT FOR SIGNIFICANT BARRIERS SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY INCLUDING ANY ABILITY TO ACCESS ITS STREET SYSTEM. -PROPERTY OWNERS HAVE PAID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT DUE TO ACTIONS TAKEN BY THE GOVERNING BODY ARE PROHIBITED FROM ANY CONNECTION TO THAT SYSTEM. BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS THEY MUST UNDERTAKE A PROFESSIONAL PLANNING FEASIBILITY STUDY TO BE CONDUCTED BY A CONSULTANT TO BE SELECTED AND PAID FOR BY THE PROPERTY OWNERS. THE CURRENT COMMUNITY MUST APPROVE THE SELECTION OF THE CONSULTANT OR OFFER AN ALTERNATIVE CONSULTANT ACCEPTABLE TO THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE MUNICIPAL BOARD SHALL APPROVE A CONSULTANT. THE STUDY SHOULD EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STUDY SHOULD ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PLAN. THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE PROPERTY OWNERS SHALL PRESENT THE PLAN TO THE OTHER COMMUNITY. PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE PETITION HAS BEEN SUBMITTED, THERE SHALL BE A PERIOD TO ALLOW FOR MEDIATION BY THE CITIES. FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE REGIONAL PLANNING COMMISSION(S) OR METROPOLITAN COUNCIL WHERE THE CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO THE MUNICIPAL BOARD FOR CONSIDERATION. THE MUNICIPAL BOARD'S DECISION MUST BE BASED ON A BALANCING OF THE INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS 347Z TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO: -THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH MUNICIPALITY; -THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING THE IMPACT ON THE REGIONAL SYSTEMS; -THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS; -THE EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY FROM THE REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE PROPOSED MUNICIPALITY; AND -ADDITIONAL CRITERIA INCLUDED IN MS 414.041, SUBDIVISION 5 II-G 911 TELEPHONE TAX Since 1985, Minnesota has had the authority to impose a fee of up to 30 cents per month on every telephone bill in the state. Currently, the fee is set at 18 cents per phone bill per month. The funds generated by this fee amount to several millions of dollars per year. The Department of Administration uses these funds to pay the recurring monthly costs to the 90+ phone companies in the state for the costs of the dedicated phone circuits. In a previous legislative session, legislation was introduced which would have allowed the surcharge to grow to $1. 00. The excess fee was intended to develop capital in those outstate counties to implement enhanced 911 service over and above the basic 911 service they already have. THE AMM SUPPORTS ALLOWING THE CURRENT 911 ACCESS FEE ON TELEPHONE BILLS TO BE USED FOR COSTS OTHER THAN JUST ENHANCED UPGRADE FROM BASIC SERVICE AND THAT ANY FEE IN EXCESS OF 30 CENTS BE RETURNED TO THE JURISDICTION WHERE IT WAS COLLECTED. II-H MARKETS FOR RECYCLED MATERIAL In recent years, the state legislature has adopted legislation encouraging significant recycling of paper, cans, and plastic in the State of Minnesota. Fortunately or unfortunately, the activity has been such a success that the supply of recyclable material is outstripping the market for such material. It has been suggested that along with encouraging recycling the state should also help encourage and create opportunities or markets for use of recycled material. One idea by a local official went so far as to suggest building recycling plants at state prisons and creating a prison industry of manufacturing goods from their own recycling plant. -18- 3� THE AMM URGES THE LEGISLATURE TO CREATE INCENTIVES OR USE ITS AUTHORITY TO IDENTIFY OR CREATE MARKETS FOR PROCESSING RECYCLED MATERIAL. -19- 3� III HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE PAGE 20 THROUGH 36 51 III HOUSING, ECONOMIC DEVELOPMENT AND LAND USE III-A. HOUSING AND NEIGHBORHOODS The housing problem for persons currently unable to afford market rate housing can best be mitigated if all levels of government and the private sector, including non-profit groups, work together and if each contributes a fair share to the solution. Each level of government should contribute to help solve the problem and each level's contributions should be of the kind it is best suited to make. The Federal and/or State Levels should provide direct financial subsidies for housing for low and moderate income persons. The Federal and State Governments also have the responsibility to provide a tax climate in which the private sector can produce and maintain rental units that are affordable to low and moderate income households. The State should also grant local units of government the authority and flexibility to conduct the kind of housing programs that best meets their diverse needs. The Metropolitan Council should continue to place high priority on housing planning for the Metropolitan Area and provide specific guidance to the public and private sectors so that both can make rational decisions relative to future housing needs. The Council should continue to be aggressive in seeking innovative ways to create housing opportunities for low income persons. Local units of government also have a major role to play. Local controls constitute but a small portion of the total cost of housing but local units should not establish requirements which go beyond what is necessary for the protection of health, safety and welfare. Local units should also work with the private and non-profit sectors to make the best use of existing tools to produce affordable housing which is more affordable. Decision makers at all levels must become more cognizant of their actions, policies, and decisions which have an undesirable impact on housing costs. A-1. EXAMINE LOCAL REQUIREMENTS THAT AFFECT HOUSING COSTS. Local requirements, if excessive, can add to the cost of producing affordable housing. IT IS THE RESPONSIBILITY OF CITIES TO PERIODICALLY REVIEW THEIR LOCAL REQUIREMENTS (LAND USE REGULATIONS, SUBDIVISION ORDINANCES, ETC. ) TO ASSURE THAT THESE REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE IF EXLUSIONARY PRACTICES ARE FOUND. -20- a3 A-2. PRACTICES BY OTHER LEVELS OF GOVERNMENT WHICH AFFECT HOUSING COSTS. Decision makers at other levels of government must become more cognizant of actions they take which have an impact on housing costs. These actions in themselves may be worthwhile and beneficial, but when implemented result in increased housing costs. Examples of this type of action would include such things as the sewer availability charge, restricted growth policies, building and energy codes, environmental rules, etc. OTHER LEVELS OF GOVERNMENT ALSO SHOULD EXAMINE THEIR PRACTICES AND POLICIES TO DETERMINE POSSIBLE UNNECESSARY IMPACTS ON HOUSING COSTS. CHANGES SHOULD BE MADE AS NECESSARY. A-3. MANDATORY LAND USE STANDARDS. Uniform standards for housing style, type and size are not appropriate because of the great diversity among cities and differences within cities relative to density of development, topography, age of housing stock, the mix of housing values, and the level of municipal services which are provided. Land use regulation is one of the tools used by city officials to protect the health, safety, welfare, and interests of the city's residents. THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH MANDATES UNIFORM ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES ADDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS OF GOVERNMENT. CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE, AMOUNT, AND TYPE OF HOUSING WITHIN THEIR BOUNDARIES. NO LEGISLATIVE INITIATIVE NEEDED. A-4. STATE HOUSING POLICY. The state should be a more active participant in providing funding for housing needs. It is expected that allocation of state resources would be based on an overall state housing policy which would provide the necessary tools for implementation. The Legislature needs to provide for financing strategies which will carry out the long range goals for providing and maintaining affordable housing opportunities. The state housing policy should enable and assist local governments, private and non-profit developers to initiate affordable housing. Local governments should participate in the formulation of a state housing policy which will be used to support local housing goals. THE AMM RECOMMENDS THAT THE STATE PROVIDE DIRECT FUNDING AND FINANCIAL INCENTIVES NEEDED TO ASSIST CITIES IN MEETING LONG TERM -21- C)-39 HOUSING NEEDS IN THE STATE. DIRECT FUNDING SHOULD COME IN THE FORM OF GRANTS AND LOANS FROM STATE FINANCING SOURCES, INCLUDING BUT NOT LIMITED TO: - STATE APPROPRIATIONS - STATE BONDING - STATE GAMBLING REVENUE - MORTGAGE DEED TAX REVENUE - REVENUE FROM MINNESOTA HOUSING FINANCE AGENCY FINANCIAL INCENTIVES PROVIDED THROUGH THE STATE TAX POLICY SHOULD BE USED TO BENEFIT THE MAINTENANCE AND DEVELOPMENT OF AFFORDABLE HOUSING. INCENTIVES THAT SHOULD BE CONSIDERED BUT NOT LIMITED TO: - STATE LOW INCOME HOUSING TAX CREDIT - SALES TAX EXEMPTIONS FOR THE CONSTRUCTION AND OPERATION OF LOW INCOME HOUSING BY PUBLIC AGENCIES THE STATE LEGISLATURE IN ALLOCATING RESOURCES FOR HOUSING SHOULD NOT SPECIFICALLY TARGET AN ACTIVITY AND THEREBY SET ASIDE SMALL AMOUNTS OF FUNDS FOR MANY DIFFERENT SMALL PROGRAMS. THIS JUST INCREASES STATE AND LOCAL COST IN ESTABLISHING RULES, AND APPLYING FOR AND ADMINISTERING THE PROGRAMS. INSTEAD THE LEGISLATURE SHOULD SET GENERAL POLICY PRIORITIES FOR THE USE OF STATE FUNDS AND ALLOW FOR LARGER POOLS OF FUNDS BY WHICH LOCAL, NON-PROFIT AND FOR-PROFIT DEVELOPERS CAN APPLY BASED ON THEIR SPECIFIC ACTIVITIES. A PORTION OF ANY NEW REGIONAL TAX OR FUNDING SOURCE SHOULD BE USED TO ALSO FUND HOUSING ACTIVITIES IN COOPERATION WITH LOCAL UNITS OF GOVERNMENTS. THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED AS A SOURCE OF NEW HOUSING FUNDS TO MEET STATE AND METROPOLITAN GOALS. A-5 LOCAL HOUSING POLICY There is a great diversity among cities in the metropolitan area. Some cities need more housing for low income persons while other cities need housing for moderate to upper income persons. Cities should have the authority to promote whichever kind of housing is in the public purpose and best interest of a particular city while attempting to provide housing opportunities to households of all income levels. Cities need to have a greater flexibility in financing their housing goals if they are to meet the intent of the Metropolitan Land Planning Act. CITIES SHOULD BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY BY THE LEGISLATURE TO CONDUCT AND FINANCE HOUSING PROGRAMS THAT MEET 4° THEIR INDIVIDUAL HOUSING NEEDS. LOCAL FUNDS CAN BE USED TO LEVERAGE FEDERAL, STATE AND METROPOLITAN RESOURCES WHEN THEY CAN MEET COMMON POLICY GOALS. IT IS NECESSARY TO EXPAND FINANCIAL RESOURCES AVAILABLE AT THE LOCAL LEVEL. INCLUDING BUT NOT LIMITED TO: -REMOVAL OF HOUSING AUTHORITY LEVY LIMITS -REINSTATING THE STATE DEED AND MORTGAGE TRANSFER TAX EXEMPTION FOR PUBLIC AGENCIES -ALLOWING CITIES TO IMPOSE IMPACT FEES A-6 METROPOLITAN HOUSING POLICY The 1991 Metropolitan Council through a specially appointed regional housing task force completed a thorough study of housing needs in the seven-county area. The study concluded that the region is facing critical challenges to its ability to provide decent affordable housing for its population. Demographic shifts, market forces and aging of the regional housing stock will combine in the 1990s to jeopardize many people's opportunity for housing of their choice. Those findings have not been addressed in a comprehensive manner at either the state and/or federal level and the AMM continues to support most of the task force's final report conclusions and is still very concerned with the problems identified in said report. And, it is still the case that individual cities do not have the financial resources to adequately deal with said problems which continue to cause unmet human needs for a good number of citizens in this Metropolitan area. TO BEGIN ADDRESSING THE REGION'S ON-GOING HOUSING PROBLEMS, THE AMM RECOMMENDS THAT: A. ALL CITIES AND THE METROPOLITAN COUNCIL UNDERTAKE COORDINATED PLANNING WITH RESPECT TO CITY AND REGIONAL HOUSING NEEDS INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS. B. A METROPOLITAN HOUSING AND NEIGHBORHOOD REVITILIZATION FUND BE ESTABLISHED. A SURCHARGE ON THE DEED TAX OR OTHER NON-PROPERTY REGIONAL FUNDING SOURCE OR NON-GENERAL OBLIGATION BOND SOURCE COULD BE USED TO PROVIDE THE FINANCING TO ADDRESS SUCH ISSUES AS ADEQUATE AFFORDABLE RENTAL HOUSING, AFFORDABLE OWNER OCCUPIED HOUSING, PRESERVATION OF AGING STOCK, SHELTER FOR PERSONS WITH SPECIAL NEEDS, ETC. ON A METROPOLITAN WIDE BASIS. C. ADDITIONAL FUNDING BE PROVIDED TO ASSIST CITIES WITH COMPREHENSIVE HOUSING PLANNING AND ITS IMPLEMENTATION. THE ADDITIONAL FUNDING COULD BE CONDITIONED ON A CITY UNDERTAKING, -23- l IF IT HAS NOT ALREADY DONE SO, THE SPECIFIED COMPREHENSIVE AND COORDINATED PLANNING AND ANY METROPOLITAN ALLOCATION OF FUNDING COULD BE BASED ON CONFORMANCE WITH REASONABLE STANDARDS. A-7 NEIGHBORHOOD LIVEABILITY Rapidly evolving social, demographic, economic and behavorial changes are converging on many cities creating new challenges that exceed their capacity to deal effectively with their new environments. The challenges cities face, such as deteriorating neighborhoods, crime, and drugs, need the cooperative efforts of public, private and business interests to solve. Cities have expanded public safety, inspection, and health programs; have aggressively repaired and replaced infrastructure; i.e. , replaced streets and public utility lines; have removed diseased trees, redeveloped parks, refurbished or replaced neighborhood civic facilities; and have developed programs to assist low and moderate income families, yet problems continue to grow. Cities should take the lead in developing local and regional strategies that will assist them in dealing with growing neighborhood problems. These strategies should include the following major categories: 1. Physical and structural deterioration of the neighborhood. 2 . Social welfare of the neighborhood. 3 . Educational opportunities. PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD: a. Cities need to evaluate the demographic impact on their housing stock and plan for future rehabilitation or reuse. The demographic impacts may include declining home values, delayed or non-maintenance of housing stock, foreclosed or abandoned housing and the changing of neighborhood character (i.e. An owner-base to a tenant-base) . In a metropolitan area these forces go beyond a city's boundary and may require a more metropolitan view to try to resolve the causes of the problems. b. Cities need to plan for continued upgrading of public facilities (i.e. streets, utilities, parks) even in the face of declining values. This may require statutory authority beyond existing authority. c. Cities need to plan for regulatory enforcement at -24- „' Lt levels needed to maintain neighborhood quality. If a strong level of enforcement is provided up front it can be an effective relatively low cost long term strategy for maintaining neighborhood quality. d. Cities need to plan for and encourage neighborhood residents' participation in the preservation of the city's neighborhoods. Neighborhood pride can become one of the strongest tools that cities can tap into, provided that other resources are in place that can provide the means by which this energy can focus. e. Cities need to expand their resource base and plan for the targeting of resources to accomplish their long-term strategy for neighborhood preservations. Expanding this resource base will require coordinated efforts at the federal, state, regional and local level. f. Cities need to strengthen their ability to take appropriate legal actions in a swift manner to eliminate deteriorating structures in a neighborhood. Lengthy procedures accelerate damaging impacts blighted structures have on a neighborhood. This should include the expanding use of the housing court to allow for action on single family dwellings and for City code enforcement. g. Cities need to plan for and encourage neighborhood resident's participation in recreational pursuits and activities. Along with the appropriate public facilities for recreation and leisure, there needs to be organized programs and activities to make the best use of these facilities. h. Cities should actively encourage apartment owners and managers to formally organize to create a forum by which owners, managers, city officials, and other interested parties may work cooperatively to establish a climate that would achieve an ongoing relationship among all participants and encourage livable apartment environment. SOCIAL WELFARE OF NEIGHBORHOODS: a. Cities need to evaluate those social issues that directly impact the liveability in a neighborhood (aging, child care, transportation, job training, domestic abuse, etc. ) and plan for long-range systems that will strengthen the liveability of neighborhoods. -25- a 3 b. Cities need to become more familiar with the social welfare system and work closely with state and county agencies to emphasize the need of stabilizing neighborhoods and the family units within those neighborhoods. c. Cities need to strengthen the cooperation of individuals and families within the neighborhood to support city initiatives dealing with crime and drug awareness, public health issues (i.e. garbage houses, animal infestation, etc.) and domestic abuse. d. Cities need to plan for services to neighborhoods that will allow for affordable day care, transportation and job opportunities. The impact of lack of these services has the greatest impact on the low income and elderly households within any neighborhood. e. Cities need to develop programs and/or participate in the development of state and regional programs to lessen the impact that poverty has on the destabilization of a neighborhood. These programs are needed to deal with the broad range of issues rather than one specific activity and can be tailor-made to address a problem by linking activities together (i.e. rent, mortgage assistance or tax breaks tied to rehabilitation loans; rent assistance tied to child care; job training and transportation assistance, etc. ) . EDUCATIONAL OPPORTUNITIES: a. Cities need to encourage, participate in and strengthen the school systems community education outreach programs. These programs provide an opportunity to coordinate school and city efforts to strengthen the liveability of neighborhoods. b. Cities need to work within the education process by providing early childhood education on problems cities face in dealing with social impact on neighborhood liveability. c. Cities need to work closely with secondary and post secondary education systems to encourage job training programs. Such programs can help solve neighborhood problems (i.e. work study with forestry, rehabilitation, maintenance, etc. which will give work experience by providing opportunities in the -26- a(44 neighborhoods) . THE AMR RECOMMENDS: 1. WHERE LEGISLATION IS DIRECTED TO ASSIST LOW INCOME PERSONS AND CHILDREN IN POVERTY, LEGISLATORS RECOGNIZE THE LINKAGE BETWEEN HOUSING AND HUMAN SERVICES, JOBS AND TRAINING, HEALTH CARE AND TRANSPORTATION. WHEN THE LEGISLATURE CONSIDERS LOW INCOME PROGRAMS, IT SHOULD TREAT THESE ACTIVITIES IN A COMPREHENSIVE MANNER. 2. THAT THE LEGISLATURE ENACT NECESSARY LEGISLATION TO IDENTIFY AND ELIMINATE ANY BARRIERS THAT WOULD ACT TO DEThR PERSONS FROM ACHIEVING THEIR GOAL OF ECONOMIC AND PERSONAL SUCCESS FOR THEM AND/OR THEIR FAMILY. 3. THAT THE GOVERNOR, BY EXECUTIVE ORDER, DIRECT HIS DEPARTMENT HEADS WHO ARE INVOLVED WITH ANY ASPECT OF HOUSING AND HUMAN SERVICES TO: A. COORDINATE THEIR OPERATIONS SO THAT THEY IDENTIFY AND REMOVE ANY CONFLICTING REQUIREMENTS. B. ADMINISTRATIVELY, WHERE POSSIBLE IDENTIFY AND REMOVE THOSE BARRIERS THAT ARE FELT TO RESTRICT A PERSON'S ABILITY TO ACHIEVE ECONOMIC AND PERSONAL SUCCESS. 4. THAT THE LEGISLATURE AND THE GOVERNOR ALSO SEEK ANY FEDERAL LEGISLATION AND/OR ADMINISTRATIVE RELIEF IN IDENTIFYING AND ELIMINATING THOSE BARRIERS AT THE FEDERAL LEVEL THAT THWART ECONOMIC AND PERSONAL SUCCESS. A-8 STATE AND OR COUNTY LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) The AMM believes that persons with disabilities are entitled to live in the least restrictive possible environment and should have a range of residential choices throughout the state. The AMM also believes that residential based facilities (i.e. Group Homes) should not be concentrated. Over-concentration of such facilities could have a negative impact on the community and on the facility residents. The AMM believes that the principles contained in this policy are very appropriate and any state legislation pursued should not conflict with the AMM principles. The residents of residential based facilities come from our communities and the AMM believes that cities as one of the major institutions of our society have a responsibility to be a part of the solution by welcoming such facilities on a fair share and rational basis. The AMM believes that cities have a responsibility to be part of the solution, but it also believes -27- , that the state has the major responsibility to assure that the residents living in residential based facilities receive care and supervision appropriate to the extent of their disability or their need to be housed in a group facility. The state's deinstitutionalization policy is directly linked to the need for more residential based care facilities in our cities and the state has the responsibility to provide sufficient funding to assure adequate care and supervision of the residents placed in such facilities. The AMM also believes that the state has an obligation to screen clients, particularly in the corrections area, so that persons placed in residential based facilities are not a danger to themselves, fellow residents, or the community. THE AMM BELIEVES THE FOLLOWING PRINCIPLES SHOULD BE IN LAW OR RULE TO REGULATE RESIDENTIAL BASED FACILITIES: -STATE AND COUNTY AGENCIES MUST PROVIDE TIMELY NOTIFICATION TO CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS REQUESTED TO BE ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE OPPORTUNITY TO RESPOND. CITIES ALSO NEED TO BE AWARE OF SUCH FACILITIES TO KNOW WHAT SPECIAL CARE IS BEING GIVEN RESIDENTS IN CASE OF PUBLIC SAFETY EMERGENCIES. -STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE STATE OR FOR COUNTY-ISSUED RFP'S SHOULD BE ESTABLISHED. ALL CITIES SHOULD HAVE THE RIGHT TO REGULATE THE DISTANCE BETWEEN GROUP HOMES IN A CONSISTENT MANNER. -THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT. -FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS. -A FAIR SHARE CONCEPT AND FORMULA SHOULD BE CONSIDERED WITHIN THE METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT OF OTHER FACTORS INCLUDING TRANSPORTATION FACILITIES, JOBS AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES. -THE LICENSING AUTHORITY AND/OR THE LEGISLATURE SHOULD PROVIDE SOME LATITUDE TO CITIES IN SITING SUCH FACILITIES IN ORDER TO • -28- q(C) PROVIDE LOCATIONAL SETTINGS THAT WILL BEST MEET THE NEEDS OF THE PROVIDERS, FACILITY RESIDENTS, THE NEIGHBORHOOD AND THE COMMUNITY AS A WHOLE. A-9 LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) INSPECTIONS Cities are frequently requested by the state fire marshal to inspect group homes and day care facilities, which the state has the responsibility for. Also, there are inspections made by the county and/or state for health and licensing purposes. Cities do not care to provide this service since they 1) do not get compensation for performing the inspection, and 2) expose themselves to liability if the city is involved in the inspection. THE AMM RECOMMENDS THAT: THE STATE AND/OR COUNTIES PROVIDE ALL THE INSPECTION REQUIRED BY STATE LAW. IF THE STATE AND/OR COUNTIES WISH TO HAVE CITIES PROVIDE THE INSPECTION ON THEIR BEHALF, THE FOLLOWING CONDITIONS MUST APPLY: CITIES WOULD BE FAIRLY COMPENSATED FOR THEIR WORK. CITIES WOULD HAVE THE AUTHORITY TO ORDER COMPLIANCE AND/OR PROHIBIT THE FACILITY FROM OPENING UNTIL THERE IS COMPLIANCE. THE STATE AND COUNTIES WOULD BE RESPONSIBLE FOR THE RISK MANAGEMENT CONCERNS AND THE CITIES WOULD BE EXEMPT FROM LITIGATION THAT MAY OCCUR. III-B ECONOMIC DEVELOPMENT Cities have an interest in the maintenance of and appropriate enhancements to the economic base of their respective communities. It is the community's economic base which provides; a. ) the tax base and other revenue sources which support the general operations of cities, counties and school districts; b. ) the employment of some or a substantial number of residents and, c. ) the means by which the populus is housed. All metropolitan communities address economic development when it's translated to physical development through their local land use regulations with the individual communities striving for "orderly development" . As a group however , metropolitan -29- I communities differ as to development needs and view points, with each community's needs subject to a number of variables. A municipality's ability to both regulate and promote economic development is based on authority established by other organizations and regulations. It is this ability that is of general interest to all Metropolitan communities. The Association of Metropolitan Municipalities (AMM) is the principal policy action group acting on behalf of its member cities. As such it is appropriate that AMM present the policy issues and concerns to those organizations that set the rules. As noted economic development for local governments is not just a matter of more tax base for the community but entails tools to promote, regulate and service the development. Promotional means include Housing and Redevelopment Authorities, Economic Development Authorities, Port Authorities, tax increment financing, revenue and general obligation bonds, condemnation and the Star Cities Program. Regulation includes its comprehensive planning and land use functions. Servicing include water, sewer, streets and other municipal services: B-1 CITIES RE-DEVELOPMENT AND ECONOMIC DEVELOPMENT RESPONSIBILITIES: The Twin City Metropolitan Area contains over 50% of the population of the State of Minnesota and is the major source of the economic vitality of this state. At the same time, the cities of Minneapolis and St. Paul, along with the older suburbs are facing the ongoing need for providing economic development opportunities for the lower income residents of their respective communities. There is also the need for the redevelopment of neighborhoods and commercial and industrial areas to revitalize the decaying areas of these cities, which is causing disinvestment. In view of the fact that cities have the primary responsibility for economic development and to accomplish the above goals, cities need fiscal tools so they can address these issues on a timely and effective basis. One of the major keys for reducing poverty in decaying areas is to provide access to good paying jobs such as those associated with manufacturing enterprises. It is important to provide incentives or other tools to help retain or introduce manufacturing business into economically distressed areas. The most effective program that the central cities have had at the state level has been the Urban Revitalization Action Program -30- (U.R.A.P. ) . This program was very easy to administer. Many inner-ring suburban communities with deteriorating job bases and aging housing stock asked for similar legislation in the past and feel that it would work well to address their housing and related economic development needs - including a targeted jobs program also. THE AMM URGES APPROVAL OF A NEW WORKABLE STATE ENTERPRISE ZONE OR A MANUFACTURING JOB OPPORTUNITY ZONE INCENTIVE PROGRAM FOR CITIES WHOSE MANUFACTURING JOB BASE IS ERODING. THE AMM ALSO URGES THE LEGISLATURE TO ENACT A NEW VERSION OF THE URAP PROGRAM THAT INCLUDES ALL CITIES WITH THE CHARACTERISTICS AND DEMOGRAPHICS THAT MEET DEFINED CRITERIA. SUCH CRITERIA SHOULD INCLUDE FACTORS SUCH AS POVERTY RATES, AGE OF HOUSING, UNEMPLOYMENT RATES, INCOME LEVELS, ETC. WE ALSO RECOMMEND THAT ONCE A CITY HAS BEEN DESIGNATED A URAP ELIGIBLE COMMUNITY, IT BECOMES AUTOMATICALLY ELIGIBLE FOR ANY BENEFITS THAT WOULD BE AVAILABLE UNDER ANY FEDERAL OR STATE ENTERPRISE ZONE LEGISLATION AND/OR ANY OTHER PROGRAM TARGETED TO CITIES WHOSE CHARACTERISTICS AND DEMOGRAPHICS INDICATE THERE ARE NEEDS THAT CANNOT BE MET WITHOUT STATE AND OR FEDERAL ASSISTANCE. B-2 EQUAL TREATMENT OF CITIES. The AMM believes that all cities irrespective of size or location should be treated fairly with respect to the availability and use of state authorized economic development programs, including redevelopment tools, and programs and other state funding. NEW OR REVISED PROGRAMS DESIGNED TO ADDRESS SPECIFIC ECONOMIC CIRCUMSTANCES WITHIN CITIES OR COUNTIES SHOULD USE PROBLEM DEFINITION AS THE CRITERIA FOR PARTICIPATION AS OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC. B-3 TAX INCREMENT FINANCING. Tax Increment Finance (TIF) has enabled cities to plan and carry out housing, economic development, and redevelopment projects on their own initiative. TIF represented, prior to 1990, the most feasible and effective strategy or tool exercised by cities to preserve and improve their own physical and economic environments. TIF is virtually the only tool available to most cities for positive self intervention to curb the spread of blight and to encourage and manage sound economic development which is so vital to provide jobs and to maintain a healthy tax base. Over the past several years, however, TIF authority has been seriously limited, and, as a result, the ability of cities to -31- ;L-CO r engage in needed development and redevelopment has been sharply reduced. The state needs to acknowledge that cities are the primary governmental unit responsible for economic development to create jobs and help stabilize the state's economy, redevelop blight and decay, develop affordable rental and owner-occupied housing, and clean up pollution within cities. TIF has proven to be the most effective tool for cities in fulfilling these needs, and some of the restrictions need to be removed to allow these efforts. The LGA/HACA aid penalty should not apply to all TIF districts. If the Legislature is not willing to remove it, cities should not be restricted in their means of paying for the penalty. The general fund of a city should not be responsible for this penalty, and the Legislature should remove the prohibition on developer payment of the penalty. TIF should be improved and must be preserved for use by all cities irrespective of geographical location and any limitations should be based on demographic criteria. THE AMM ENCOURAGES THE LEGISLATURE TO MAKE POSITIVE CHANGES TO THE TAB: 'k O`REMENT FINANCING LAWS. -ALLOW POOLING FOR REDEVELOPMENT AND POLLUTION DISTRICTS. -ALLOW CREATION OF POLLUTION DISTRICTS FOR CLEAN-UP CONTAMINATED SOILS. -ELIMINATE THE LGA AND HACA PENALTY FOR REDEVELOPMENT AND POLLUTION DISTRICTS. -PROVIDE AUTHORITY FOR AN EFFECTIVE, WORKABLE MANUFACTURING TIF DISTRICT. -ALLOW REDEVELOPMENT AND RENEWAL DISTRICTS TO BE REDESIGNATED AS A POLLUTION DISTRICT IF CONTAMINATION REQUIRING SIGNIFICANT CLEAN UP COSTS IS FOUND. B-4 PROPERTY TAX/VALUE ABATEMENT AUTHORITY Minnesota Cities have the prime governmental responsibility for economic development. While cities have the responsibility, by statute and default, they have very few tools to carryout that responsibility. The major existing tool is Tax Increment Financing (TIF) and its effectiveness has been diminished by legislative actions in recent years. The AMM believe additional tools are needed and would support legislation which authorizes cities to abate either property taxes or property value. The AMM believes only abatement efforts to preserve tax base, -32- a Ca promote job c P '� creation or retention, redevelop elop blighted areas and to promote affordable housing should be eligible for abatement. Criteria should be developed to guarantee that these tools would have accountability by both the local governments and the property owners. Programs such as homestead credit, "this old house", the abatement authority for enterprize zones, and the new contamination tax for pollution cleanup have all set the precedent for a coordinated system of value and tax abatements. Currently, many property owners are discouraged from making substantial improvements to their property because of the offsetting penalty of increased taxes. THE AMM SUPPORTS THE CREATION OF TWO TYPES OF ABATEMENT AUTHORITY TO FACILITATE REDEVELOPMENT AND JOB CREATION. PROPERTY TAX ABATEMENTS SHOULD BE AVAILABLE FOR ALL TYPES OF PROPERTY TO ABATE THE TAXES THAT ARE CAUSED BY INCREASES IN VALUE WHICH ARE DUE TO IMPROVEMENTS THAT ARE MADE TO THE PROPERTY IF SUCH PROPERTY IS PART OF A REDEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNER. PROPERTY VALUE ABATEMENTS SHOULD BE AUTHORIZED FOR TARGETED REDEVELOPMENT WHICH OCCURS IN "PRESERVATION AND REHABILITATION ZONES" WHICH WOULD BE ESTABLISHED BY CITIES TO INCLUDE A NUMBER OF BLIGHTED PROPERTIES. SUCH ZONES COULD BE CREATED BASED ON DEFINITIVE CRITERIA SUCH AS AREAS WITH DECLINING PROPERTY VALUES, LOW HOUSEHOLD INCOMES, ETC. , AND SHOULD BE TARGETED TO RESIDENTIAL AND EMPLOYMENT/INDUSTRIAL PROPERTY ONLY. B-5 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE. There have been previous legislative initiatives which would have the effect of forcing cities to have a combined, single development authority for housing and economic development and redevelopment activities. The proponents argue that the intent of such legislation is not to restrict local development activities but to help assure coordination and cooperation at the local level . We believe cities ought to have the maximum flexibility in determining which type or types of local agencies are the most appropriate to meet the desires and unique needs of different cities. There is a possibility that a bill similar to the previous bill will be introduced again. THE AMM SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL. IF THE LEGISLATURE BELIEVES THAT IT IS IN THE `PUBLIC INTEREST' TO HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES -33- NOT CHOOSE SUCH OPTION. THE AMM ALSO SUPPORTS ENABLING LEGISLATION TO ALLOW CITIES TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT AUTHORITY. B-6 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S) Some county officials have suggested that Counties be given EDA authority similar to Cities. A bill was introduced in the 1989 Session to grant such authority and may be introduced again. There may be areas of the state, particularly in Greater Minnesota, where it makes sense to do economic development projects on a larger geographic basis such as a County. Such rationale does not exist in the seven-county area in the AMM's judgement. THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC DEVELOPMENT AUTHORITY TO COUNTIES IN GREATER MINNESOTA BUT OPPOSES SUCH AUTHORITY FOR COUNTIES IN THE METROPOLITAN AREA SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY CITIES. B-7 DEVELOPMENT OF POLLUTED LANDS Every Minnesota city has contaminated sites within its boundaries that remain underdeveloped and polluted because of the number of obstacles that prevent local government action. Among the roadblocks are liability issues and financing of up-front costs for clean-up. Developers are reluctant to expose themselves to liability. Clean-up costs often exceed the value of the land precluding incentive for private sector intervention. Public sector subsidy is critical. Recent changes in tax increment law have rendered hazardous substance subdistricts useless in providing assistance with clean-up costs, and Superfund dollars are not sufficient to address the need. The Legislature did pass the Land Recycling Act of 1992 which should be of some help. The law is designed to promote the transfer and reuse of contaminated land by offering en exemption from liability to those who are not otherwise liale and who voluntarily cleanup a site. The new law also provides that once a response action is satisfactorily completed, the PCA Commissic:ler will issue a certificate of completion. The 1993 tax law also made a step toward developing a pollution cleanup program and acknowledged that tax increment financing (TIF) is an appropriate tool to provide a portion of the funding. The AMM however, opposes the Legislature's decision that cities must use general taxes and fees from their city residents to provide a portion of the cleanup funding to be eligible for -34- contamination grants and use of TIF authority. Cities should have the right to clean-up polluted private property without penalizing all city taxpayers. THE AMM SUPPORTS LEGISLATION THAT WOULD: -CREATE ADDITIONAL FINANCING METHODS TO ADEQUATELY FUND A STATEWIDE CLEANUP PROGRAM. -REQUIRE THAT CONDEMNATION COMMISSIONERS CONSIDER THE COST OF CORRECTING POLLUTION PROBLEMS IN DETERMINING THE FINAL AWARD VALUE OF THE PROPERTY. -AUTHORIZE CREATION OF TIF POLLUTION DISTRICTS (SEE POLICY III-B3) . B-8 BUILDING PERMIT FEE SURCHARGE Local units of government levy a one half percent surcharge on building permits which is paid to the State to operate the State Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the Governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for Building Officials training and continuing education costs. Local units of government are facing tough financial times and need every available resource, especially that which could be considered local money. THE AMM RECOMMENDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED BUILDING PERMIT SURCHARGE FEES IN EXCESS OF STATE BUILDING CODE DIVISION COSTS BE RETURNED TO LOCAL UNITS OF GOVERNMENT. III-C LAND USE PLANNING Land use regulation by cities in the Metropolitan Area has been governed by the Municipal Planning Act (MS 462) and the Metropolitan Land Planning Act (MS 473) . While not a perfect framework, these acts have worked well for the vast majority of cities in the metropolitan area. Land use control is more than just one of the many powers exercised by cities and occupies a significant part of the work of city councils and their staff. It has a significant impact on other community regulations, tax base, economic development and redevelopment. It is a driving force for creating service needs . Land use regulation is the common thread which runs through most of a city's functions and operations. Proposed legislation, which would have superceded existing law and created a uniform land planning law for cities, towns and counties was introduced in the 1987 through 1990 legislative sessions under the sponsorship of the Governor's Advisory Committee on State-Local Relations (ACSLR) . The AMM -35- successfully opposed those ro osals because they would have P P y diluted the authority of local elected officials; established a new legal framework which could have rendered moot much of the existing case law and existing codes and ordinances; created conflict with some provisions of the metropolitan land planning act; and reduced the flexibility and discretion of local officials to manage development within cities. A special ANN task force worked for over two years in developing a compromise proposal beneficial to metro cities as well as to the counties, townships and outstate cities. The task force's work was completed in late 1991 and a bill was introduced in the 1992 session which embodied the task force's work. No comparable bill was introduced in the 1993 session. THE AMM WILL SUPPORT A UNIFORM LAND PLANNING ACT THAT IS CONSISTENT WITH THE PROVISIONS OF THE COMPROMISE PROPOSAL DEVELOPED BY THE AMM LAND USE PLANNING TASK FORCE THAT WAS EMBODIED IN THE 1992 DRAFT BILL. -36 IV METROPOLITAN AGENCIES PAGE 37 THROUGH 53 2 IV METROPOLITAN AGENCIES IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES Many challenges AMM cities face in the 1990s are beyond the financial and staff resources of a single city. Therefore, it is recognized by the AMM that when such questions arise, it is in the organization's interest that all concerned units of government cooperate and work together in reaching solutions. There are a few issues which because of their complexity or cost encompass the concerns of the entire metropolitan area. The region may need to deal with these issues through a metropolitan governance system. The AMM strongly believes that this system must act in cooperation with local governing bodies. The theme of this effort is that the metropolitan agencies and local government officials are partners, with each respecting the roles of the other when addressing metropolitan wide problems and issues. IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES The diversity and political differences in our metropolitan area results in the need for a regional service delivery system to provide certain services or portions of services to most effectively and efficiently address the needs of the residents. There is also a need for planning on a metropolitan basis which must be done in cooperation with local government. THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AFFIRMS IT SUPPORT FOR THE CONCEPT OF A METROPOLITAN GOVERNANCE SYSTEM WHEN APPROPRIATE. THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN GOVERNANCE SYSTEM SHOULD BE TO FACILITATE THE COORDINATED PLANNING AND DEVELOPMENT OF THE METROPOLITAN AREA; TO PROVIDE REGION-WIDE SERVICES, WITHOUT DUPLICATING THOSE PROVIDED BY LOCAL GOVERNMENT, THAT ARE BEYOND THE CAPABILITIES OF LOCAL GOVERNMENTAL UNITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO PROVIDE REGION-WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION OF AFFECTED LOCAL GOVERNMENT UNITS AND TO FULFILL OTHER SPECIFIC RESPONSIBILITIES AS DELEGATED BY THE STATE AND FEDERAL GOVERNMENTS. IV-B CRITERIA FOR EXTENSION OF METROPOLITAN AGENCIES AUTHORITIES Any efforts by metropolitan agencies to expand their powers or authority must be carefully considered and limited in focus with in-depth review by all those impacted by the proposed changes. THE LEGISLATURE, WHEN GRANTING THE METROPOLITAN AGENCIES ADDITIONAL AUTHORITY, SHOULD CAREFULLY STATE THE SPECIFIC AUTHORITY BEING GRANTED. ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED -37- 40- C (1) ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXIST: -THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT CANNOT OR IS NOT BEING EFFECTIVELY OR EFFICIENTLY PROVIDED THROUGH EXISTING GENERAL PURPOSE UNITS OF GOVERNMENT; -INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE REGION'S INVESTMENT IN AN EXISTING METROPOLITAN SYSTEM. IV-C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF METROPOLITAN SERVICES AND PROGRAMS. The Metropolitan Council was created by the Legislature in 1967 to coordinate "the planning and development" of the Metropolitan Area. The Council was mostly advisory,ad but was given rY► g responsibility for regional policy development and coordination in the areas of wastewater treatment and disposal, land transportation and airports. The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance. The Council was not given direct operational authority and instead the Legislature created two new Metropolitan Commissions (MWCC and MTC) and restructured the MAC to operate and provide regional services. The Metropolitan Council's responsibility has expanded subsequently to include regional parks and open space, solid waste, approval authority for controlled access highways and for certain elements (airports, transportation, parks and open space, and sewers) of local comprehensive plans. C-1 POLICY PLANNING - POLICY IMPLEMENTATION The historic legislative intent concerning separation of responsibility for metropolitan policy planning and policy implementation should be continued. THE METROPOLITAN COUNCIL MUST BE A PLANNING AND COORDINATING BODY. REGIONAL POLICY AND PROGRAMS SHOULD BE IMPLEMENTED AND/OR OPERATED BY EXISTING METROPOLITAN OPERATING AGENCIES AND/OR GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WHEN PRACTICAL. NEW METROPOLITAN OPERATING AGENCIES OR COMMISSIONS SHOULD ONLY BE CREATED WHEN THE SERVICE OR FUNCTION TO BE PROVIDED HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT COULD BE MORE EFFECTIVELY PROVIDED THROUGH A NEW STRUCTURE RATHER THAN THE EXISTING STRUCTURES. C-2 FUNDING FOR REGIONALLY PROVIDED SERVICES The Metropolitan Council and the Metropolitan Agencies funding has changed over time and is a mixture of property taxes, user fees and federal and state revenues. Occasionally there has been some -38- 7 discussion to replace these multiple sources with a single new revenue source. THE AMM BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE REGIONAL AGENCIES AND ACTIVITIES BY THE EXISTING COMBINATION OF USER FEES, PROPERTY TAXES, STATE AND FEDERAL GRANTS. THE AMM BELIEVES THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY THE `PAYERS' AND THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW REVENUE SOURCE TO REPLACE THE PRESENT FUNDING SOURCES. C-3 REGIONAL TAX RATES AND USER FEES The Legislature controls the tax levies of the Metropolitan Council and the other Metropolitan Agencies. We believe it should continue to do so. User fees are generally controlled by the Metropolitan Agency collecting the fees (MWCC, MTC and MAC) . The setting of user fees and the process for setting fees has generally not been considered a problem by local officials except for isolated cases. The AMM believes that: USER FEES FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY PROVIDING THE SERVICE. ALL FEES SHOULD BE REVIEWED BY THE METROPOLITAN COUNCIL ON A PERIODIC BASIS TO ENSURE THAT SUCH FEES ARE CONSISTENT WITH REGIONAL SYSTEM PLANS AND GOALS. AN OPEN VISIBLE PROCESS/PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE CHANGES. IV-D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION Planning is an ongoing process, and several precepts should be kept in mind by Local Units of Government, Metropolitan Agencies and the State as this metropolitan planning process continues. METROPOLITAN SYSTEM PLANS MUST CONTINUE TO BE SUFFICIENTLY SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING. THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS (TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING. LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL, PLANNING PROCESS ON AN ONGOING BASIS. DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA -39- ;":Cg WIDE PROBLEM OR CONCERN THAT CAN BEST BE ADDRESSED THROUGH A REGIONAL SYSTEM DESIGNATION. IV-E COMBINED SEWERS - SEPARATION The three communities of Minneapolis, St. Paul and South St. Paul still have some combined waste water and storm water sewers which create overflows of untreated waste water in the Mississippi River during heavy rains and storm water runoff periods. These cities have over many years been progressing with sewer separation projects paid for primarily through local tax levies. The Federal and State governments are pressing the issue of meeting certain water quality standards in the Mississppi River which apparently cannot be done until separation is complete. The state has provided additional funding since the 1985 Legislative session to help pay for the speed up. For the first five years of the program Federal funds were also available to assist in the program. Since 1990, however, there have been no Federal funds. IT IS AMM POLICY THAT IF THE STATE GOVERNMENT CONTINUES TO PURSUE THE ACCELERATED COMBINED SEWER SEPARATION PROGRAM IN THE THREE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT. THE PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY. AS THE CSO ISSUE HAS SIGNIFICANT IMPLICATIONS, BOTH FOR STATE FINANCES AND FOR DEVELOPMENT IN THE METROPOLITAN AREA, THE AMM REQUESTS THAT ITS BOARD OF DIRECTORS HAVE THE OPPORTUNITY TO REVIEW AND COMMENT ON ANY SIGNIFICANT CHANGE IN THE FINANCING OR IMPLEMENTATION PLANS FOR THE SEPARATION PROJECT. SINCE PART OF THE REASON FOR THE ACCELERATED PROGRAM IS TO MEET FEDERAL STANDARDS, AMM SUPPORTS THE CONSIDERATION OF THE ESTABLISHMENT OF A CSO FUNDING PROGRAM AND THE ADDRESSING OF THE MOST EFFICIENT MANNER AND REGULATORY FRAMEWORK WHEN THE CONGRESS CONSIDERS THE REAUTHORIZATION OF THE FEDERAL CLEAN WATER ACT. IV-F METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS The Metropolitan Council has an annual budget over 15 million dollars and its programs impact the two million plus people living in the metropolitan area. The budget document should convey sufficient information so that the residents can determine what `product' is being produced and how much the `product' costs and the benefits. The budget process should commence early enough in the annual adoption cycle so that the residents can provide meaningful input as to goals and priorities. F-1 BUDGET DETAIL AND SPECIFICITY -40- The annual budget and work program document has been improved in recent years and contains more detail and specificity which enables public interest groups to make more reasoned recommendations but further improvements can be made. MANDATED OR NON-DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR STATE GRANT SHOULD ALSO BE IDENTIFIED. INFORMATION SHOULD CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS EXPENDITURES AND PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES. F-2 RELIANCE ON PROPERTY TAXES There is a trend of increased reliance on the property tax to support Council activities. Federal grants formerly funded about two/thirds of the Council Budget and the local property tax about one/third. The federal portion has now shrunk to about 20 percent and the property tax has increased to over 60 percent. THE COUNCIL SHOULD MARE A THOROUGH EXAMINATION OF THE PROGRAMS FORMERLY FUNDED BY FEDERAL GRANTS OR NON-LOCAL FUNDS TO DETERMINE IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH NEED TO BE EXAMINED INCLUDE SOLID WASTE, HEALTH CARE, HUMAN SERVICES PLANNING, ETC. F-3 PROGRAM EVALUATION The Council usually levies the maximum or close to the maximum tax levy allowed. It is difficult for `outsiders' to determine if internal evaluation is being performed to ascertain the effectiveness or necessity of council programs or if they are being continued because `they have always been done. ' THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD MEET FOUR TESTS: -THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL BEING OF THE REGION. -COUNCIL INTERVENTION OR ACTIVITY WILL PRODUCE A POSITIVE RESULT. -COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A STATE LEVEL ACTIVITY. -COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM -41- ACTIVITY. IV-G METROPOLITAN PARK AND OPEN SPACE FUNDING The Legislature established the Metropolitan Parks and Open Space System in 1974 and provided state/regional fiscal support for the acquisition and development of the Parks System and provided a payment in lieu of taxes to local units of government on a decreasing basis for land removed from the tax rolls. Since the establishment of the system, the State and the Metropolitan area have failed to establish a permanent partnership relative to the status of the Regional Park System both dithin the region and state. Failure to clearly define the role of regional parks has led to long term instability relative to the acquisition and development of regional parks and created significant funding concerns for implementing agencies as they relate to the operation and maintenance of those regional facilities. G-1 OPERATION AND MAINTENANCE FUNDING Regional parks within the Metropolitan area provide the same basic function as state parks provide in Greater Minnesota. The State has consistently refused to acknowledge this situation and has never provided an adequate amount of funding for the operation and maintenance of regional parks while covering 100 percent of the cost of state parks in Greater Minnesota. AMM RECOMMENDS THAT THE STATE OF MINNESOTA RECOGNIZE THE ROLE OF REGIONAL PARRS WITHIN THE METROPOLITAN AREA AND PROVIDE APPROPRIATE FUNDING TO IMPLEMENTING AGENCIES TO ASSIST THEM IN THE OPERATION AND MAINTENANCE OF THE REGIONAL PARRS AND OPEN SPACE SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE FUNDING TO OPERATE AND MAINTAIN THESE FACILITIES. G-2 REGIONAL BONDING FOR REGIONAL PARRS The Legislature for the past several years has provided less than 25 percent of the funding requested for acquisition and development by the Metropolitan Council and the MPOSC on an annual basis. To allow for the orderly and planned development schedule for the regional parks and open space system, the Metropolitan Council is considering to use previously granted authority and issue regional bonds to make up part of the shortage. THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND COULD TARE THE `STATE OFF THE HOOK' IN FUTURE APPROPRIATION CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY A SUBSTITUTE FOR STATE PARKS IN THE METRO AREA AND SHOULD BE FUNDED ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE PAYING TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE METROPOLITAN COUNCIL TO REDOUBLE ITS EFFORTS TO OBTAIN AN -42- CCP EQUITABLE SHARE OF STATE FUNDING TO SUPPORT THE REGIONAL PARRS AND OPEN SPACE SYSTEMS. IV-H WATER RESOURCE MANAGEMENT The AMM recognizes that water is a critical resource for this metropolitan area and it is necessary to plan and manage this resource to assure adequate supply, safeguard the public health, provide recreational opportunities and enhance economic opportunities. Many levels of government have a vested interest in protecting and managing water resources in an environmentally and economically sound manner. Since many levels of government are involved in water management, it is in the public interest to clearly delineate each level's responsibility to prevent duplication, overlap, and conflicting requirements. This delineation is particularly important to cities since they are the level that ultimately has the most "hands on" responsibility. The aspects of water resources which have received the most attention in recent years are surface water runoff, groundwater quality, water supply and water recharge areas (wetlands) . There is an interrelationship among all of these systems and there is need for coordination in managing them effectively. The AMM believes that local units of government should retain the basic responsibility for water resources management because they are the level closest to the problems. However, local units need the financial resources, tools and technical expertise to implement this responsibility and may need to look to the state and metro for financial support and technical assistance. H-1 WATER SUPPLY The AMM is in general agreement with the Water Supply Act (Chapter 186) passed in the 1993 legislative session. The thrust of this act is to promote water conservation, require contingency plans for water emergencies and to promote long range planning for local water supplies. As suggested by the AMM, cities retain the basic responsibility and authority for local water supply systems. The Metropolitan Council is encouraged to complete its regional water supply and water data base as soon as possible to provide a framework for local water supply planning. THE AMM DOES NOT SEE THE NEED FOR ADDITIONAL LEGISLATION PERTAINING TO LOCAL WATER SUPPLY PLANNING AT THIS POINT IN TIME. HOWEVER, IF LEGISLATION IS PROPOSED, IT SHOULD BE BASED ON THE FOLLOWING PRINCIPLES: -LOCAL UNITS SHOULD RETAIN THE BASIC RESPONSIBILITY FOR WATER SUPPLY PLANNING AS IN CURRENT LAW. -ADDITIONAL STATE MANDATES SHOULD BE FUNDED BY THE STATE. -43- caCQ -NEW STATE IMPOSED REQUIREMENTS AND OR REGULATIONS IMPLEMENTING CHAPTER 186 SHOULD NOT ADD TO LOCAL COSTS AND WHENEVER POSSIBLE SHOULD REDUCE AND/OR MINIMIZE DUPLICATIVE REVIEWS. H-2 SURFACE AND GROUNDWATER WATER MANAGEMENT The AMM supports as a given that no one has the right to pollute either ground or surface water resources and in order to safeguard the public health and environment, it is necessary to preserve our water resources as critical state resou es. Most Water Management Organizations (WMO) and locate units or government have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems; instead of creating a new system or a new organization, but they need the financial resources and tools to meet this responsibility. While the AMM does not see the need for any new urban water management organization, it is clear that the current system contains duplicative review and approvals of local plans and development projects/proposals and should be streamlined. The AMM believes that the systems for review and approval of surface water management planning and the review and approval process for "permitting projects" is rife with duplicative reviews and time consuming delays. THE AMM WOULD SUPPORT THE FOLLOWING INITIATIVES/ACTION: -TIMELY COMPLETION OF METROPOLITAN COUNCIL RESPONSIBILITIES AS DEFINED IN MS 473.157 SO THAT WMO'S AND CITIES CAN FULFILL THEIR SURFACE WATER MANAGEMENT RESPONSIBILITIES. -A THOROUGH ASSESSMENT OF THE BOARD OF WATER AND SOIL RESOURCES (BWSR) STRUCTURE AND AUTHORITIES TO ASCERTAIN IF IT SHOULD CONTINUE TO BE THE APPROVAL AND OVERSIGHT AGENCY FOR SURFACE WATER MANAGEMENT PLANNING AND ACTIVITIES IN THE METROPOLITAN AREA. -A THOROUGH ASSESSMENT OF THE METROPOLITAN AREA SURFACE WATER MANAGEMENT PLANNING AND PERMITTING PROCESS WITH THE OBJECTIVE OF DEVELOPING IMPROVEMENTS IN CONFLICT RESOLUTION, COORDINATION BETWEEN AND AMONG STATE AND LOCAL AGENCIES, SURFACE WATER PLANNING, AND PROJECT PERMIT APPROVALS. -COMPLETION BY WMO'S AND CITIES OF THEIR RESPONSIBILITIES FOR SURFACE WATER MANAGEMENT PLANNING AS DEFINED IN MS 103 B. 225-235 AS SOON AS POSSIBLE TO ADDRESS THE WATER QUALITY ISSUES PLAGUING THE MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS. -44- -COMPLIANCE BY LOCAL UNITS OF GOVERNMENT IN OUTSTATE MINNESOTA WITH THE SAME STANDARDS AND REQUIREMENTS FOR SURFACE WATER MANAGEMENT AS THOSE IMPOSED ON LOCAL UNITS WITHIN THE METROPOLITAN AREA. IF ANY LEGISLATION IS CONSIDERED FOR SURFACE WATER MANAGEMENT AS A RESULT OF THE BEFORE MENTIONED ASSESSMENTS (STUDIES) IT SHOULD BE BASED ON THE FOLLOWING PRINCIPLES: -THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOULD BE VIEWED AS THE PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN PROVIDING FUNDS FOR CAPITAL PROJECTS RELATED TO STORM WATER RUNOFF. -LOCAL UNITS OF GOVERNMENT SHOULD RETAIN THE BASIC RESPONSIBILITY FOR SURFACE AND GROUNDWATER MANAGEMENT AS THEY ARE THE LEVEL CLOSEST TO THE PROBLEM. -NEW STATE REQUIREMENTS SHOULD NOT ADD TO LOCAL COSTS AND DUPLICATIVE REVIEWS/APPROVALS SHOULD BE ELIMINATED. H-3 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM A bill was introduced in the 1992 session which would have changed the methodology for allocating the costs of the metropolitan wastewater collection and treatment system. The alleged intent of the bill was to slowdown and reverse the decay and blight which has and is occurring in some of the older, developed parts of this metropolitan area. The AMM is concerned with the problem but does not believe that changing the way the metropolitan sewer system is financed from a regional to a subregional system has any relevance with respect to the problems identified and opposed the before mentioned bill. The AMM was part of a major study effort in 1985, that resulted in the uniform cost system that is currently in place for the metropolitan sewer system. THE METROPOLITAN WASTEWATER COLLECTION AND TREATMENT SYSTEM HAS BEEN A MAJOR COMPONENT OF AN INTERGRATED LOCAL-REGIONAL SYSTEM WHICH HAS HELPED IMPROVE THE QUALITY OF THE WATER IN MANY OF THE MAJOR WATER RESOURCES OF THIS AREA SUCH AS LAKE MINNETONKA, THE MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS, WHITE BEAR LAKE, ETC. IT IS IMPORTANT THAT CHANGE NOT BE MADE TO THIS REGIONAL SYSTEM THAT COULD LEAD TO ITS BREAKUP OR TO DIMISH ITS EFFECTIVENESS. SINCE ALL `USERS' BENEFIT EQUALLY THROUGHOUT THE SYSTEM THE REGIONAL RATES SHOULD BE UNIFORM THROUGHOUT THE SYSTEM AND A SUB-REGIONAL SYSTEM OF ALLOCATING THE REGIONAL SYSTEM COSTS SHOULD NOT BE REINSTITUTED. -45- (1(l.� H-4 WATER TESTING CONNECTION FEE The States' Safe Drinking Water Act contains a per hook up fee of $5.21 passed in Laws of Minnesota 1992, Chapter 513 , Article 6, Section 2 which is to be used to pay for water supply testing as mandated by Federal Law. This per user fee creates an inequitable and unfair service fee compared to testing cost for large communities with only a few supply points that need testing. In addition, there are many non-community and private water supply users such as trailor courts being testc1d which are not paying the connection fee imposed by the Department of Health. This fee should be re-examined by the legislature and the law changed so that each community and user pays only its fair share. This may necessitate the state to provide some financial assistance to smaller communities with multiple supply sources. THE AMM REQUESTS THE LEGISLATURE TO CHANGE THE WATER SUPPLY TESTING CONNECTION FEE TO BE FAIR AND EQUITABLE AND TO REFLECT THE ACTUAL COST OF SUPPLY TESTING WITHIN THE COMMUNITY. ALSO, NON COMMUNITY AND PRIVATE SYSTEMS SHOULD PAY ALL OR PART OF THEIR TESTING COST. IV-I WASTE STREAM MANAGEMENT The problem of managing the waste stream (for all types of waste) is and will continue to be one of the major social environmental problems during this decade. We are rapidly running out of space (capacity for land disposal) in the metropolitan area and there are no general disposal facilities in this state for Hazardous Waste. We are also learning that for many materials incineration may not be a good environmental alternative to landfill disposal. The existing waste management system centralizes responsibility at the state level for hazardous waste but requires the cooperation and support of all levels of government and the private sector. The solid waste system for the metropolitan area is essentially a three-tiered system: cities control and regulate collection; counties are responsible for `siting' new landfills, developing abatement plans, developing processing facilities and regulating existing landfills; and the Metropolitan Council provides grants and has regional planning and coordinating responsibilities. The systems were intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. In spite of a great deal of cooperation and coordination among and between the various levels and units of government and the private sector, some major problems appear on the horizon. -46- �-W J Much has been accomplished during the past decade in improving the waste stream management system. Much remains to be done and any future legislation should take into account the following precepts. I-1 INTEGRATED WASTE STREAM PLANNING The disposal of solid waste is a multifaceted problem which will require the cooperation and participation of all levels of government and the private sector to effectively develop a solid waste system which is cost effective and environmentally sound. To achieve such a system, all elements of the waste management hierarchy (reduction, reuse, recycling, composting, incineration, landfilling) must be utilized. In the area of packaging, the system should make the distinction between transport packaging, primary or necessary packaging and secondary or excess packaging. Further, it must be realized that an effective "system" begins before materials become "waste" and, as such, a comprehensive view of the entire life cycle of products is needed in order to succeed. -THE AMM ENDORSES THE CONCEPT THAT THE "GENERATORS" OF WASTE MUST BEAR THE RESPONSIBILITY FOR FUNDING ITS DISPOSAL. "GENERATOR" INCLUDES THE MANUFACTURERS OF PRODUCTS WHICH BECOME WASTE, THE SELLERS OF PRODUCTS WHICH BECOME WASTE AND THE CONSUMER OF PRODUCTS WHICH BECOME WASTE. -THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE." -THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY ONE ELEMENT. -THE AMM ENCOUP' `ES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF REDUCTION, L SE AND RECYCLING BY ALL LEVELS OF GOVERNMENT. -THE STATE SHOE__ FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATION PROGRAl , WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE, COMPOST, REUSE AND REDUCE WASTE GENERATION. -LEGISLATIONS SHOULD BE INITIATED WHICH WOULD ESTABLISH RECYCLED CONTENT OR RECYCLABILITY GOALS FOR ALL PRODUCT PACKAGING MATERIALS, INCLUDING FOOD AND BEVERAGE CONTAINERS. LEGISLATION SHOULD BE INITIATED WHICH WOULD PROVIDE FINANCIAL INCENTIVES TO MANUFACTURERS, RETAILERS OR CONSUMERS FOR REDUCING -47- 41 (eC-Q PACKAGING VOLUME, USING RECYCLED MATERIALS IN ITS FABRICATION, OR, PARTICULARLY IN THE CASE OF FOOD AND BEVERAGE CONTAINERS, FACILITATING ITS RETURN. FEES, TAXES, OR DEPOSITS ON PACKAGING MATERIALS SHOULD BE CONSIDERED WITH THESE COSTS WAIVED WHEN CONTENT GOALS ARE MET, VOLUMES ARE MINIMIZED, OR EFFECTIVE MATERIALS RETURN SYSTEMS ARE IN PLACE. THE NET REVENUE GENERATED FROM FEES/TAXES ABOVE ADMINISTRATIVE COSTS SHOULD BE USED TO PROMOTE OR ENHANCE LOCAL PROGRAMS TO REDUCE, REUSE, RECYCLE PACKAGING MATERIALS. -THE AMM OPPOSES ANY LEGISLATION WHICH UOULD LIMIT LOCAL INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE SAME GOAL OR OBJECTIVE. -THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS AND REFUSE HAULERS NEED TO BE PROVIDED WITH CONVENIENT LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING. COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN COUNCIL SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSTING FACILITIES AND MUST NOT DELEGATE THIS RESPONSIBILITY TO CITIES WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY BE NEEDED IN THE EXISTING OVERRIDE PROCESS TO ENABLE COUNTIES TO SITE THESE TYPES OF FACILITIES. 1-2 HAZARDOUS AND DANGEROUS WASTE MANAGEMENT The improper disposal of hazardous wastes, through landfilling or incineration, poses a major risk of water and air pollution. Much has been done to monitor the generation and proper disposal of hazardous waste by business and industry, and these efforts should continue. However, the reduction, control and proper disposal of household hazardous wastes is a significant concern which needs to be addressed. (A. ) HOUSEHOLD HAZARDOUS WASTE. THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING: -PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING, PROCESSING, OR DISPOSAL. -EDUCATIONAL AND POINT-OF-SALE INFORMATION FOR CONSUMERS NOTIFYING THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE IMPORTANCE OF PROPER HANDLING. -48- OsSA-1 -INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER HANDLING AND PROCESSING. -INFORMATION TO CONSUMERS ALERTING THEM TO NON-HAZARDOUS SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS. -ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO REDUCE THE AMOUNT PRODUCED. (B. ) COMMERCIAL/INDUSTRIAL HAZARDOUS WASTE. THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE-USE, RECOVERY AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH CANNOT BE RE-USED OR REPROCESSED MUST BE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER. KNOWING FAILURE TO PROPERLY DISPOSE OF HAZARDOUS MATERIALS (INCLUDING "ILLEGAL DUMPING") , SHOULD RESULT IN CRIMINAL LIABILITY FOR BOTH COMPANIES AND INDIVIDUALS. MANUFACTURERS SHOULD ALSO BE ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN THEIR MANUFACTURING PROCESSES. I-3 METROPOLITAN/COUNTY RESPONSIBILITIES. As noted previously, the cities have the responsibility for waste collection including implementing and managing most recycling type programs. The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities (landfills, transfer stations, compost sites, etc. ) , fluctuating and/or lack of markets for some recyclables, uneven funding among counties to run the low tech systems, and the radical variance in disposal costs throughout the metropolitan area. Some of these problems are urgent and significant changes may need to be made in the waste stream management system in the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional commissions. WHILE NOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION. SUCH COMMISSION SHOULD INCLUDE LOCAL ELECTED OFFICIALS. MORE ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW -49- C:), (d PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING: -OWNERSHIP (INCLUDING THE ASSUMPTION OF DEBT) OF THE CURRENT MAJOR PUBLIC DISPOSAL AND PROCESSING FACILITIES. -RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND DISPOSAL FACILITIES. -REGULATION OF DISPOSAL CHARGES (TIPPIcC/FEE) TO PROVIDE MORE FAIRNESS AND EQUITY. -DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS. -DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE METROPOLITAN COUNCIL. -MOST OTHER FUNCTIONS PERFORMED BY THE COUNCIL EXCEPT FOR THE PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC. ) . -COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES. I-4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES Cities have certain responsibilities in helping to manage and implement an effective solid waste management system including recycling programs and the collection systems. The ANN believes that to date cities, utilizing a variety of collection systems, are doing a good job of managing Local Recycling and Waste Collection. THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT THE SYSTEM OUGHT TO BE FLEXIBLE AND BASED ON PERFORMANCE STANDARDS AND/OR GOALS RATHER THAN MANDATED TECHNIQUES. I-5 FUNDING The current funding system for solid waste has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not differentiate between generators of `clean' waste and `problem' waste; and it has given no assurances that the main sources of funding are related to the entities incurring expenses. -ANN BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. ALSO THE TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE RECOGNIZED. -50- o3 -AMM BELIEVES THAT IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM SHOULD COME FROM THE GENERATORS OF SOLID WASTE. -AMM BELIEVES A FEE SYSTEM AT THE MANUFACTURES AND/OR RETAIL LEVEL SHOULD BE INVESTIGATED AND THE CONCEPT OF RETURNABILITY SHOULD BE INVESTIGATED AND EXPANDED. -IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES. -AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS. -AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING WHILE MAKING IT CLEAR THAT EVEN RECYCLING HAS A COST. -AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE ALL COSTS ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT PORTION OF THE FUNDS RAISED THROUGH THE SALES TAX SHOULD BE DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES. 1-6 ORGANIZED COLLECTION Organized collection serves as a viable and important method for municipalities to achieve solid waste abatement. It is a type of service agreement that allows cities proper regulatory power over their solid waste collection system. It provides municipalities the opportunity to choose the type of solid waste collection that would best serve their residents. `Just Compensation' legislation is designed to limit municipalities regulatory power in the area of solid waste collection. In placing severe financial penalties on municipalities that undertake organized collection, `Just Compensation' legislation infringes on municipalities rights to establish intangible service agreements for municipal services. -THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLECTION AS ONE OF SEVERAL VIABLE METHODS FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR SOLID WASTE COLLECTION SYSTEMS. -THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR RESIDENTS. -51- C.Q.1 C) -THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE COLLECTION SYSTEM. I-7 HOST CITIES AND CLEANUP RESPONSIBILITIES While solid waste facilities are components of county and regional solid waste management systems, they must be located in individual cities. Because the number of facilities is limited, the effects of hosting these facilities is not equally shared among cities. Most of these effects are negative - an increased likelihood and incidence of water, soil , air, and noise pollution; and increased amount of litter and offensive odors; a greater likelihood of adverse impacts on values of neighboring properties; a need for increased maintenance on public streets and highways; and potential threats to public health and welfare in areas immediate to and along access routes to these facilities. Longer-term impacts may affect cities if the organizations responsible for facility operations cease as financially viable entities. Safeguards need to be enacted for host cities for the operations and clean up responsibilities associated with solid waste facilities. The trend within the metropolitan area has been to internalize present and future costs of solid waste management on current generators of solid waste. These costs should include the extra and adverse financial impacts borne by host communities. Cities host these regional facilities because of accidents of geography. Liabilities for these facilities should be shared across the region. -THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES. -THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD BE BORNE BY FACILITY OPERATORS OR, IN. THE ABSENCE OF SUCH REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND. -THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA. -52- -THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES. -THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES. -THE AMM WILL SUPPORT STATE AND FEDERAL LEGISLATION THAT CLARIFIES THAT MUNICIPAL SOLID WASTE IS NOT A HAZARDOUS SUBSTANCE, THAT ENABLES LOCAL GOVERNMENTS INVOLVED IN CLEANUPS TO HAVE THE OPPORTUNITY TO SETTLE THEIR POTENTIAL LIABILITY QUICKLY AND SAFELY. -THE AMM WILL SUPPORT CREATION OF A CLEANUP PROGRAM FOR CLOSED SOLID WASTE LANDFILLS WHICH IS FUNDED SEPARATELY FROM THE STATE SUPERFUND PROGRAM. A POSSIBLE SOURCE OF FUNDING COULD BE A TAX OR FEE ON TOXIC MATERIALS. LOCAL GOVERNMENTS SHOULD BE PROTECTED FROM CLEAN-UP COSTS WHICH DO NOT RELATE DIRECTLY TO THEIR CONTRIBUTION TO THE PROBLEM. -53- V TRANSPORTATION PAGE 54 THROUGH 65 V TRANSPORTATION AMM TRANSPORTATION POLICY STATEMENT The AMM believes that the recent passage of the Federal Transportation Bill (ISTEA) provides the Metropolitan area with a unique opportunity, to rethink Transportation, Transit and Development Plans. It is imperative that as we prepare to move into the next century, our transportation network become multi-modal, offer flexibility, invest significantly in transit, and be designed to manage traffic. Within the last two decades, the number of miles driven per day has doubled. Traffic congestion is expected to increase by 35% by the year 2000, creating nearly 200 miles of severely congested highways. Ridership by bus, car and van pool, continues to decline and the Regional Transit System continues to be inadequately funded. There is a growing awareness that the true cost of driving an automobile, when factoring in energy use, pollution, productivity loss due to congestion, and the resulting cost of motor vehicle accidents, are born by the general public at large not solely the driving public. The majority of peak hour traffic is workers commuting to or from work. Achieving a balance between workers and jobs in a geographic area can reduce the volume of intra-area commuting and balance the directional use of the interconnecting roads. Economic stratification and an aging population is creating a larger pool of transit dependent individuals. Our current transit system is not capable of providing adequate transit services in the entire metropolitan area. Government cannot build its way out of congestion. Local governmental units are facing funding shortfalls which prevent them from adequately maintaining the current transportation network. AMM calls upon the Legislature, MNDOT, RTB, and the Metropolitan Council to develop a more comprehensive transportation program that more closely integrates transit and highways. This coordinated approach at the minimum must be designed to increase accessibility, improve air quality, and serve the transit dependent and handicapped. The AMM supports a comprehensive transportation policy that; 1. Incorporates traffic management into local and regional zoning and planning actions; 2 . Encourages traffic management plans by all employers; Creates a series of incentives aimed at increasing vehicle occupancy levels; 4 . Discourages the use of development incentives for any project of significant size that does not contain a comprehensive traffic management plan; 5. Studies the concept of jobs to workers balance in the metropolitan area; and -54- j:-.1C14 6. Establishes an adequate dedicated funding source for transit. In addition, local units of government must be provided with adequate funding or authorizing legislation that will allow them to maintain their current investments in the local transportation infrastructure. The following recommended legislative proposals are designed to meet this overall goal. V-A STREET, BRIDGE, AND HIGHWAY GENERAL FUNDING An efficient transportation system is a vital element in planning for physical, economic, and social development at the state, regional, and local levels. Funding for current roadway maintenance reconstruction, and construction of new streets, bridges, and highways in developing areas is a significant major element of a competitive and safe transportation system. Due to past declining state revenues there has been a tendency by the Legislature to divert much needed roadway funds to state general expenditure. This trend must be reversed, especially in light of the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) . Funding needs to be expanded to not only keep up with inflation and modest program growth, but to provide necessary funds for matching 80/20 projects included in the ISTEA legislation for quality standards will have impact on future project costs. 'rtir; AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF FUNDS SO THAT NEEDED STREET, BRIDGE, AND HIGHWAY MAINTENANCE MAY BE CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY OCCUR, THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH, AND REQUIREMENTS OF THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENY ACT OF 1991 (ISTEA) CAN BE MET. V-B METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING Because of the large economically diverse and spreadout population of the Twin City Metropolitan Area, it is an absolute necessity to provide an effective and efficient public mass transit service augmented by a variety of programs, such as Rideshare and Project Mobility. Without a good transit system, many elderly and handicapped persons residing in the area primarily because of access to unique services would be almost totally immobile. The new Federal legislation (ISTEA) has established a modern trend by providing over 20% of its total 5 year funding for Transit and allowing a shift of highway funds to transit on a project by project basis. The Americans Disability Act and new air and noise quality standards will impact both the way we do transit as well as the cost. In order to obtain ISTEA funds and to continue providing reasonable transportation opportunities, the legislature must increase transit funding priority. -55- THE AMM REQUESTS THE LEGISLATURE TO CONSIDER THE METROPOLITAN TRANSIT PROGRAMS AS HIGH PRIORITY AND FUND THEM SUFFICIENTLY TO TAKE FULL ADVANTAGE OF FEDERAL ISTEA FUNDING AS WELL AS MEET THE DEMANDS OF ADA AND AIR AND NOISE STANDARDS. FUNDING ALTERNATIVES SHOULD INCLUDE BUT NOT BE LIMITED TO THE STATE GENERAL FUND, MOTOR VEHICLE EXCISE TAX OR OTHER SALES TAX, THE FARE BOX, PROPERTY TAX, AND SERVICE EFFICIENCIES. V-C TRANSPORTATION SERVICES FUND A Transportation Services Fund was created for minimal activities and with minimal funding in 1991. The Legislature should adopt the recommendations of the Transporta . on Study Board and Minnesota Transportation Alliance whit suggests using MVET to fund statewide transit needs and related non highway construction activities currently funded from the Users Fund. These are Dept. of Public Safety, Tourism, River Parkway, Safety Council and several others which are at best questionable gas tax expenditures. THE AMM ENDORSES THE CONCEPT OF REMOVING NON HIGHWAY CONSTRUCTION AND MAINTENANCE ACTIVITIES FROM THE STATE TRUNK HIGHWAY FUND AND THE EXPANSION OF A TRANSPORTATION SERVICES FUND FOR THESE ACTIVITIES. V-D TRANSPORTATION (HIGHWAY AND TRANSIT) FUNDING ALTERNATIVES The need for both Highway and transit funding has been increasing significantly in the past several years while the resources dedicated or generally used for these purposes have either not kept pace or been diverted for other state priorities. The new Federal Transportation Act (ISTEA) has shifted emphasis by providing significant funds for Transit and also placed increased burden on states by increasing the local match to 20% . Transit needs in the Metropolitan Area have become critical since in some cases Highway expansion is physically or financially prohibitive, therefore capacity expansion can best be solved by transit alternatives implementation in these cases. Funding should be multi source with growth capability. Therefore, the AMM believes it is time to solve the problem on a permanent basis. THE AMM SUPPORTS A COMBINED STRATEGY OF GAS TAX INCREASES TO KEEP PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A DEDICATED MVET OR OTHER TAX SOURCE FOR TRANSIT FUNDING EXPANSION. IF THE LEGISLATURE CANNOT ASSURE STATUTORY DEDICATION OF SOME FUNDING MECHANISM THEN A CONSTITUTIONAL SOLUTION SHOULD BE IMPLEMENTED. AS AN ADDITION TO THE TRADITIONAL GAS TAX AND TO PROVIDE FUNDING FOR BOTH HIGHWAYS AND TRANSIT, THE AMM WOULD SUPPORT A SALES TAX ON GASOLINE AT THE PUMP WITH THE ENTIRE 6.5 CENTS ALLOCATED TO -56- CP TRANSPORTATION. AS PART OF THE COMBINED STRATEGY, THE STATE LEGISLATURE SHOULD CONSIDER USING ITS BONDING AUTHORITY TO PROVIDE TRANSPORTATION INFRASTRUCTURE SINCE THE RELATIONSHIP BETWEEN INTEREST RATES AND INFLATION IS SUCH THAT IT IS ADVANTAGEOUS TO MAKE SUCH STRATEGIC INVESTMENTS. V-E HIGHWAY AND TRANSIT INTEGRATION PLANNING An efficient Transportation System consists of both high quality roadway and high quality multimodal transit opportunities. These two elements must be considered together from early planning through implementation in Metropolitan areas. The AMM understands that to some degree this is done in planning and that transit is considered somewhat when determining funding priorities for highway construction. Although, there has been improvement it is felt that more integration of highway and transit planning is needed. THE AMM URGES EXISTING AGENCIES INVOLVED IN MAJOR HIGHWAY AND TRANSIT PLANNING AND IMPLEMENTATION TO INTEGRATE THESE ACTIVITIES TO ENSURE AN EFFICIENT TRANSPORTATION SYSTEM. CRITERIA USED TO DETERMINE HIGHWAY FUNDING FOR CONSTRUCTION AND EXPANSION SHOULD BE REVIEWED AND UPDATED TO REQUIRE INCLUSION OF MULTIMODEL TRANSIT OPPORTUNITIES AND INTEGRATED TRAFFIC MANAGEMENT SYSTEMS WHEN APPROPRIATE. V-F HIGHWAY JURISDICTIONAL REASSIGNMENT, TURNBACKS, AND FUNDING Many commissions, boards, organizations, and now the legislatively reconstituted Transportation Study Board have studied or are to study the possibility of reclassifying many roadways in the state as to appropriate use classifications and jurisdiction. This reassignment in the metropolitan area is estimated to shift $6. 1 million annually from the state and $1.2 million annually from the counties to the cities for an increase of $7 . 3 million annually for general maintenance and life cycle treatment (i.e. sealcoat, overlays, etc. ) . Current state law provides that the state and/or county may declassify a trunk highway and turn it back to a local unit of government. The only provision is that it must be in good condition. The unit receiving the highway does not have the option to refuse title and must, thereafter, maintain the turned back road. Although reassignments or turnbacks may be added to the MSA system, there may not be enough maintenance funds for the new mileage, and the receiving city will lose the opportunity of new MSA road designation until its mileage allocation catches up to the turnback mileage. Reassignment may be appropriate, but will have a profound effect on city finances and future ability to maintain good road systems, especially if certain criteria are not met and finance alternatives established. Therefore, the AMM -57- D7r1 offers the following as a guide to continuing discussion and ongoing studies. THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OR TURNBACK OF ROADS ON A PHASED BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER APPROPRIATE CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR ADEQUATE FUNDING OF ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE CITIES DO NOT CURRENTLY HAVE THE FINANCIAL CAPACITY OTHER THAN SIGNIFICANT PROPERTY TAX INCREASE TO ABSORB THE ADDITIONAL ROADWAY RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE EXISTING MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON CONTEMPLATED TURNBACKS. V-G TRANSPORTATION UTILITY Many cities are experiencing aging infrastructure, especially streets which are in need of replacement but because of few funding options continue to deteriorate. Chapter 429 bonds issued without election require a minimum of 20 percent assessment. However, the courts require a benefit proof that the assessment has actually increased the property value by the assessment value. For street replacement this is nearly impossible. Strict levy limits have prohibited full levy for the cost but further a general levy for full cost of street replacement might be very unfair to non benefiting property as well as higher valued classes of property. A general refererAum to replace streets in one aging neighborhood would undoubtedly:ot pass in an entire city. The only remaining option is to legislatively establish a new funding mechanism that creates fairness. The best model available is a utility district similar to one the created for stormsewers which allows assessment annually for shared use on a volumn basis. THE AMM REQUESTS THE LEGISLATURE TO ESTABLISH A TRANSPORTATION UTILITY AUTHORITY FOR CITIES TO USE FOR STREET MAINTENANCE AND RECONSTRUCTION SIMILAR TO THE EXISTING STORM SEWER UTILITY. V-H '3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED OFFICIALS The transportation planning process in the Twin City Metropolitan Area has been developed in response to a variety of federal and state laws and regulations. The Metropolitan Council (MC) was formally designated by the Legislature in 1974 (1974 MRA) as the agency responsible for the administration and coordination of said planning process. Included within this designation is the responsibility for long range comprehensive transportation planning commonly referred to as the '3C' process (continuous, comprehensive, and cooperative) . Federal law and regulations required that principal elected officials of general purpose local governments be part of the planning process. When the Legislature designated the MC as the transportation planning agency for the -58- 2:11g metropolitan area, it also mandated the establishment of an "advisory body" to assist the MC, and Metropolitan Transit Commission (MTC) , and the Regional Transit Board, in carrying out their responsibilities. This advisory body is the Transportation Advisory Board (TAB) and contains 17 local elected officials among its membership of about 30 officials. The Federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 again establishes the need for local elected officials in the 3C planning process. The current elected official participation and '3C' process has worked reasonably well in this Metropolitan Area. THE AMM SUPPORTS THE CONTINUATION OF THE CURRENT LOCAL ELECTED OFFICIALS INVOLVEMENT IN THE '3C' PROCESS THROUGH THE TRANSPORTATION ADVISORY BOARD TO MEET REQUIREMENTS OF THE FEDERAL INTERMODAL SURFACE TRANSPORTATION ACT OF 1991. V-I PRESERVATION OF RAILROAD RIGHT-OF-WAY Minnesota's system of railroad grades is rapidly shifting to a national trunk-line carrier with few branch lines as one line after another is abandoned. Minnesota has witnessed the abandonment of over one-half its rail system since the 1930 peak of 9, 360 miles. Two thousand miles have been abandoned in the past 15 years. These railroads played an important part in our transportation history. The abandonments now represent an equally significant opportunity for future generations. Light rail usage, vegetation reserves of scientific interest, transmission corridors, bicycle and snowmobile trails, access roads to remote natural resources, future highways, pipeline corridors are just a few roles for these abandoned grades. Because some of the most desirable abandonments are no longer available to the public, vigilance is needed regarding the remaining opportunities. THE AMM STRONGLY URGES THE LEGISLATURE TO ENSURE THAT ALL ABANDONED RAILROAD GRADES BE EXPEDIENTLY PRESERVED UNTIL SUCH TIME THAT THE FUTURE PUBLIC USE CAN BE DETERMINED. V-J CITY SPEED LIMITS A bill has been introduced which would grant cities the authority to set speed limits on city roads and streets. This policy of local authority for free standing rural or out state cities may be feasible but could be extremely dangerous and confusing in the metropolitan area. The seven county metropolitan area is made up of 140 contiguous cities and a number of townships. Because of -59- II the compactness of cities in this area, it is often impossible to determine when one has crossed a boundary from one city to the next. If one city changes its limits, its neighbor would either have to also change or post many additional signs on each street crossing a boundary. This system would be costly, extremely confusing to individuals, and might cause some legal problems in case of accidents. Therefore, THE AMM SUPPORTS SPEED LIMIT CONTROL OF CITY ROADS AND STREETS AS CURRENTLY PROVIDED BY LAW AND OPPOSES CHANGES TO GRANT GENERAL SPEED LIMIT CONTROL TO INDIVIDUAL CITIES. V-K TRANSPORTATION INCENTIVES/DISINCENTIVES The AMM supports the development of a comprehensive system which will facilitate an increase in the occupancy level of cars and enhance the use of transit within the Metropolitan area. The state legislature is encouraged to consider exclusion from gross income the value of commuter transportation benefits provided by an employer and provide a tax deduction and tax credit for employers who provide commutor transportation benefits to employees. AMM SUGGESTS THE DEVELOPMENT AND PASSAGE OF LEGISLATION THAT INCLUDES A COMMUTER TRIP REDUCTION PROGRAM AND CREATES A SERIES OF TAX INCENTIVES AND/OR IMPACT FEES THAT ENCOURAGES MULTIPLE OCCUPANCY TRANSIT USE. V-L REGIONAL TRANSIT SYSTEM The purpose of a Transportation System is to provide mobility for people and accessibility to and for economic development and services. The most effective system will make maximum use of all transportation alternatives and strategies where they are most appropriate, thus, creating a truly integrated system. Exclusive reliance on only freeways is imprudent and possibly cost prohibitive primarily due to social and economic upheaval of established neighborhoods for right of way acquisition. Transit improvements are imperative, but even with implementation of various load increasing strategies, the capacity is finite and will reach unacceptable saturation limits within the forseeable future. The AMM supports more coordination and integration of Transit and Highway planning and implementation. THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF INTEGRATED TRAFFIC MANAGEMENT SYSTEMS AND BE INCLUDED IN ALL PLANNING DOCUMENTS AT ALL LEVELS INCLUDING ENVIRONMENTAL IMPACT STATEMENT STUDIES. THE SYSTEM COMPONENTS SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS -60- g APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS. THE SYSTEM SHOULD ALSO INCLUDE A VARIETY OF TRANSIT MODES, INCLUDING A TAXI SYSTEM, BUSES, PEDESTRIAN AND BICYCLE FACILITIES, AND PARK AND RIDE FACILITIES, ADEQUATE TO CONNECT THE REGIONAL CENTERS, MAJOR TRIP GENERATORS AND COMMUNITIES, BOTH URBAN AND SUBURBAN. BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE REGIONAL PARK AND RIDE FACILITIES FOR AUTOMOBILES, MOTORCYCLES AND BICYCLES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARK AND RIDE AND LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS AND BICYCLES AS WELL AS WALKING TO FEED THE PARK AND RIDE FACILITIES FOR EXPRESS BUSES AND LRT. ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE METROPOLITAN AREA. THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN PROPORTION TO THE BENEFIT OR SERVICES RECEIVED. V-M MSA SCREENING COMMITTEE The Metropolitan Highway Districts 5 and 9 were combined in 1989/90 administratively to form one Metropolitan Highway District within the MNDOT structure. By law the MSA screening committee consists of one member from each Highway District and first class city. Technically, the combining of Districts 5 and 9 reduces the membership by one from the metro area. This was not intended by MNDOT. Therefore; THE AMM REQUESTS THAT THE STATUTES BE MODIFIED TO PRESERVE TWO SEATS ON THE MSA SCREENING COMMITTEE FROM THE METROPOLITAN HIGHWAY DISTRICT. V-N METROPOLITAN TRANSPORTATION TAX The AMM membership feels that transportation needs and funding are at a critical point in the metropolitan area and cannot be fully met within current financial or tax resource constraints. Higher occupancy transit systems such as LRT, buses, and other transit facilities must be examined in the context of a total transportation system in need of added resources. A new metro source of funds should not be a signal for reduced current or future state allocations, should be related to use, should be imposed as broadly as possible and to the greatest extent possible -61- CA ( on the largest beneficiary of the activity funded, should be a stable funding source, and should be totally dedicated to the funded activity. In addition, a new source of revenue should not restrict future local government options. With the foregoing criteria as a basis: AMM SUPPORTS THE CONCEPT OF A METROPOLITAN TAX FOR METROPOLITAN TRANSPORTATION NEEDS, INCLUDING STREET AND HIGHWAY FACILITIES, HIGHER OCCUPANCY VEHICLE FACILITIES, AND TRANSIT FACILITIES (INCLUDING LRT) WITH THE FOLLOWING CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE EXCISE TAX, SALES TAX, AND PAYROLL TAX SHOULD BE INVESTIGATED; AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE CONSIDERED. V-O AIRPORT POLICY In 1987, the Minnesota State Legislature adopted the "Dual-Track" strategy for airport planning. One track focuses on a new airport option; the other on improvements at the existing airport. The choice will be made when economic, operational, environmental and cost benefits studies are completed by 1996. The Metropolitan Council has identified a search area in Northern Dakota County within which a major airport could be located. Meanwhile, the Metropolitan Airport Commission must develop a long range plan to ensue: capacity at the Minneapolis St. Paul International Airport. By the end of 1995, the Metropolitan Airports Commission must also identify a specific airport site within the search area identified by the Metropolitan Council. In 1996, both the Metropolitan Council and the Metropolitan Airports Commission must prepare recommendations on major airport long-term development for consideration by the Minnesota State Legislature. THE AMM RECOMMENDS AND SUPPORTS THE CONTINUATION OF THE DUAL TRACK PROCESS TO ASSURE THAT ALL OPTIONS ARE PROPERLY REVIEWED, AS AIRPORT ISSUES ARE BEING CONSIDERED. THE AMM ENCOURAGES THE METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION, WHETHER CONSIDERING A NEW SITE OR IMPROVEMENTS TO THE EXISTING SITE, TO THOROUGHLY STUDY THE SOCIETAL AND ECONOMIC IMPACTS OF BOTH SITES IN THE FOLLOWING AREAS: ENVIRONMENT, SOCIAL, SITE AREA, GENERAL LAND USE AND COST. THE AMM ALSO ENCOURAGES THE METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION TO CONSIDER THE INFRASTRUCTURE COSTS AT BOTH SITES AS WELL AS THE COST-BENEFITS RATIO OF ALL CLASSIFICATIONS OF PROPERTY FOR THE AREAS SURROUNDING BOTH SITES , AS STUDIES ARE COMPLETED ON POSSIBLE EXPANSION OF THE EXISTINGMINNEAPOLIS-ST. PAUL AIRPORT AND/OR RELOCATION OF THE AIRPORT TO A NEW SITE. V-P BIKEWAY GRANTS PROGRAM Increased support needs to be provided for innovative and inter modal transportation programs. Dependency on the single occupant -62- (9 -$ ' C72... automobile must be lessened. All Minnesota governments should continue to encourage increased energy conservation, travel-demand management, ride-share programs, bicycle facilities, alternative fuels, and research and education for such options. The attractiveness of bicycle transportation is maximized in urban areas. Traffic calming projects have been shown to reduce the severity and number of accidents, reduce air and noise pollution and improve urban streets for non-motorized users. With the increased awareness of health and fitness, the environmental benefits and cost effectiveness of bicycling, more and more Minnesotans are demanding safe and convenient bicycle facilities. Local governments have expressed interest in enhancing bicycle safety by planning for and adding off road trails, paved shoulders and bicycle storage facilities and safety programs in their communities. The National Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) states that improvements necessary to accommodate other transportation modes are eligible uses of both National Highway system and Surface Transportation Program funds. ISTEA also requires each state to set aside 10 percent of its surface transportation program funds for safety construction activities, (ie, hazard elimination and rail-highway crossings) and 10 percent for transportation enhancements which encompass a broad range of environmentally-related activities. IN KEEPING WITH THE NATIONAL RECOGNITION OF THE NEED TO DECREASE DEPENDANCE ON SINGLE OCCUPANCY AUTOMOBILES, THE LEGISLATURE SHOULD RESTORE FUNDING FOR THE BIKEWAY GRANTS PROGRAM. THE MINNESOTA COMPREHENSIVE BICYCLE PLAN RECOMMENDS THAT "A GRANT PROGRAM BE ESTABLISHED AND IMPLEMENTED TO DEVELOP BICYCLE FRIENDLY ZONES IN URBAN AREAS."BICYCLE FRIENDLY ZONES WOULD INCLUDE BUT NOT BE LIMITED TO CONSTRUCTION OF BOTH ON AND OFF ROAD BICYCLE FACILITIES, PUBLIC EDUCATION, PROMOTION AND MONITORING. ON ROAD FACILITIES COULD VARY FROM STRIPPED PAVED SHOULDERS TO DESIGNATED BICYCLE LANES. V-Q OPTOUT In 1981, the Minnesota Legislature established the Transit Service Demonstration Program under Statute 174 .265 (which was repealed in 1984 as a demonstration program) . Opt-out transit systems operate under Statute 473 .388 under which they qualify for transit funds equivalent to 90 percent of the property taxes levied for transit in their communities. The legislature recognized that little of the transit monies collected from the suburbs were actually providing those areas with transit services. With changing demographics caused by suburban growth, not only was transit needed, but suburban legislative support was becoming more and more critical for continued transit funding. Opt-out was designed -63- to fill this void by allowing suburbs at the end of transit lines to use up to and including all of 90% of their transit taxes to provide efficient transit services in their areas. The Regional Transit Board (RTB) is responsible for overseeing the opt-out program. The opt-out program includes five transit systems serving 12 metro-area communities. Some issues of regional significance have been identified as areas of concern by the opt-out systems. The regional fare structure should be reviewed annually so that it is realistic. The opt-out systems should have the flexibility of diverging from the metropolitan fare structure, particularly if their services offer features not typically found in regular route or para transit systems. The RTB should encourage the concept of "opt-in" whereby communities otherwise ineligible for opt out may have a greater say in the type of transit service they receive from the MTC instead of "taking what they get. " Such a program would foster the involvement of other municipalities which will benefit the Regional Transit System through services better matched to community needs and increased ridership. THE AMM URGES THE LEGISLATURE TO DIRECT THE RTB TO ANNUALLY REVIEW THE REGIONAL FARE STRUCTURE AND PROVIDE GREATER FLEXIBILITY TO SET FARES COMMENSURATE WITH SERVICE LEVELS, AND ENCOURAGE THE CONCEPT OF "OPT-IN" PROVIDING GREATER MUNICIPAL INVOLVEMENT IN TRANSIT SERVICES. V-R MSAS FUNDING FOR COMBINED CITY STREET DEPARTMENTS The State of Minnesota developed in the late 1950s a system for distributing highway funding to MnDOT, counties, and communities with populations over 5, 000. This system has worked reasonably effectively to construct and maintain an integrated transportation network within the State. In recent years, the State Legislature has established statutes which call for the investigation of benefit that would be obtained through consolidation of services and reallocation of resources. One such area that presents such an option is the consolidation of Public Works and Maintenance departments within cities, townships, and counties. Such an opportunity for streamlining capital expenditures and cost-effective maintenance of an integrated street system might be best served by recognizing such consolidation through the use of the Municipal State Aid System. In that, if two or more governmental units consolidate their maintenance departments, having in effect a Joint Powers Agreement which reflects a single entity for budgeting and operations purposes, then the population of the governmental units participating in such a Joint Powers Agreement should be considered -64- in determining the MSAS funding eligibility of these communities as per MS 162 .09. THE AMM URGES THE LEGISLATURE TO ENCOURAGE THE IMPLEMENTATION OF COOPERATION AND CONSOLIDATION OF LOCAL GOVERNMENT SERVICES SUCH AS IS ENVISIONED BY MS 375. THE STATE AID SYSTEM STATUTES SHOULD BE AMENDED TO ALLOW FOR THE ELIGIBILITY OF COMBINED POPULATION WITHIN INCORPORATED MUNICIPALITIES HAVING A JOINT POWERS PUBLIC WORKS AND MAINTENANCE DEPARTMENT AND CONTIGUOUS BORDERS, TO QUALIFY FOR MSAS FUNDING UNDER THE MUNICIPAL STATE AID STREET SYSTEM POPULATION CUTOFF RULE OF 5,000. -65- VI ENDORSEMENT POLICIES PAGE 66 THROUGH 74 C9-9 (Cs VI-ENDORSEMENT POLICIES VI-A TAXATION HEARING AND NOTIFICATION LAW THE LEAGUE SUPPORTS A PROPERTY TAX HEARING AND NOTIFICATION PROCESS THAT PROVIDES ACCURATE AND TIMELY INFORMATION TO TAXPAYERS, FITS INTO THE CURRENT BUDGET PROCESS FOR LOCAL GOVERNMENTS, AND IS COST-EFFICIENT. THE PROCESS SHOULD CONTINUE ITS FOCUS ON PROPERTY TAXES RAISED FROM LOCAL TAXPAYERS. STATE GOVERNMENT SHOULD SET AN EXAMPLE, AND BE REQUIRED TO FOLLOW SIMILAR REQUIREMENTS FOR PUBLIC HEARINGS AND NOTIFICATION PROCESSES ON TAX AND BUDGET ISSUES. The state-mandated "truth in taxation" process has existed through four years of local government budget cycles. Both the major changes and the minor tinkering have not substantially improved the process for citizens or for local governments. The League urges the legislature to make the following changes to improve the effectiveness of the process for both taxpayers and local governments officials. * The process should be limited to one official, announced public hearing to discuss the proposed levy. The actual adoption of the levy and budget should take place at a regularly scheduled meeting of the governing body of the city, county, school, or special district. Cities already conduct an open budget development process beginning as early as May and June, and becoming more final with the certification of proposed property tax levies by September 15. * Local governments should be allowed to amend the levy that they preliminarily propose to the county auditor on September 15. Many cities have a difficult time realistically assessing their budget needs to be able to certify a proposed levy and budget by September 15 far ahead of the beginning off the next budget year. The early date, combined with the restriction that prevents the city's final levy from exceeding its preliminary estimate, works against responsible budgeting and forces cities to overestimate their budget needs to avoid potential revenue shortfalls. * As a state mandate, the costs of this requirement should be fully funded by the state. The appropriation made for the 1990 process has not been renewed. Local governments must now find additional funds to finance this state-mandated process from their tight or shrinking local budgets. * Proposed tax information should continue to be provided on the mailed notice; financial data requirements in newspaper advertisement should continue to be excluded. The Legislature should consider eliminating the newspaper advertisement requirement - notices sent to each property owner and posted in each apartment building effectively notifies citizens of the hearings and proposed levies. Tax dollar spent for the cost of publishing advertisements could be better spent on city services for taxpayers. c'EZIR -66- * The title of the requirement should be changed to the taxation hearing and notification law. The current title implies that there was and would be a lack of accuracy and accountability without this process. In addition, the calculations used in the process are frequently misleading and confusing, and challenge the truthfulness and accuracy of the information provided. VI-B STATE ADMINISTRATIVE COSTS THE LEAGUE OPPOSES THE POLICY OF DEDUCTING STATE AGENCY ADMINISTRATIVE COSTS FROM FUNDS WHICH ARE APPROPRIATED FOR PROPERTY TAX RELIEF. IF THE STATE CONTINUES THIS INAPPROPRIATE POLICY, THE COSTS SHOUL:, BE MORE EQUITABLY BORNE BY THE FULL LOCAL GOVERNMENT TRUST F CND, RATHER THAN ONLY FROM FUNDING FOR LOCAL GOVERNME1T AID. The League believes that all state government expenses should be subject to the standard appropriation review process and be funded directly by specific state appropriation, not by blanket deductions from property tax relief programs and from state grants. Where a state agency is required to recover costs through a state charge-back for services to local units, the state should be required to hold administrative hearings to justify the charges on the basis of the sc:_.-lces provided to the individual local units of government. City local ,overime t a ld (LGA) provides financing for administrative costs for: the Office of the State Auditor, the Department of Adminis:.rati�n (IISAC) , the State Demographer, and the Department of Employee Relations. For 1993 LGA, $502 , 972 was deducted for these state agencies. In addition, LGA funds, distributed primarily to cities, have been used to finance operations by the state auditor and Department of Administration which are not caused by cities alone, but by all local governments, including c9unties, school districts, and townships . VI-C REFERENDUM LEVIES THE LEAGUE SUPPORTS REPEAL OF REQUIREMENT THAT CITY REFERENDUM LEVIES, UNLIKE GENERALOPERTY TAX LEVIES, APPLY TO PROOPERTY MARKET VALUE. IN ADDITION, IT MAY BE INACCURATE FOR A REFERENDUM BALLOT TO STATE "BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. " The state has deliberately designed a system of property classes based on property use, which creates varying tax burdens. The method by which a property tax is adopted should not influence this class rate system. This law makes an inappropriate -67- CAV expenditures only for city governments. Both spending items are components of total city spending and should impact taxpayers comparably. If the legislature wants to adjust tax burdens, changes should be made in the classification system, rather than through the tax base. In addition, the simple statement that taxes will rise as a result of a referendum levy may be false. In cases where the city has reduced their general levy or previous debt is retired, a city's property tax levy may actually decline when compared to the previous year. VI-D COMPARABLE WORTH THE LEAGUE SUPPORTS EFFORTS TO ELIMINATE ANY SEX-BASED DIFFERENCES IN COMPENSATION OF PUBLIC EMPLOYEES BUT ASKS THE LEGISLATURE TO REVISE THE PAY EQUITY STATUTE TO ALLOW LOCAL GOVERNMENTS SUFFICIENT TIME TO COMPLY WITH RECENTLY ADOPTED ADMINISTRATIVE RULES REGARDING COMPLIANCE DETERMINATIONS. ADDITIONALLY, THE LEAGUE URGES THE LEGISLATURE TO AMEND THE STATUTE TO LIMIT THE LAWS APPLICABILITY TO ONLY FULL-TIME EMPLOYEES AND TO CLARIFY THAT SEPARATELY ESTABLISHED GOVERNMENTAL ENTITIES MUST FILE SEPARATE COMPLIANCE REPORTS. The local government pay equity act, first adopted in 1984, has been frequently amended by the legislature. Significant amendments were adopted in 1990, and in 1991 the legislature authorized the Department of Employee Relations to promulgate rules to assist the Department in determining local government compliance with the statute. These rules, which include several new tests, necessitate many changes to local government compliance efforts, took effect almost a full year after cities and other public employers were required by the statute to submit compliance reports. Cities which are found out of compliance must be granted additional time to comply with these new standards prior to facing imposition of state sanctions which include 5% reductions in financial assistance and $100 per day penalties. The League supports legislative action to delay the implementation deadline to December 1994 . At the very least, the legislature should act to delay imposition of new statistical tests of health insurance contributions, salary range differences, and exceptional service pay programs until December 1994 . The rules address other significant issues not previously dealt with by the legislation, including the definitions of employees and employers covered by the Act. For the definition of employees, the rules use the same definition -68- 404k as in the Public Employees Labor Relations Act (PELRA) . Use of this definition causes two significant problems. First, because local governments use a great number of part)time and seasonal employees in order to effectively and efficiently provide important services, many more jobs will have to be included in compensation systems than is the current practice. This will require much more administrative work in establishing job descriptions and ranking jobs which by their very nature are often impossible accurately describe or value. Second, because benefits, including health insurance programs, are often limited to full-time employees, cities run the risk of being found out of compliance with the pay equity act not because of gender based discrimination, but rather because of valid distinctions between full-time and part-time employment. The League proposes adopting a definition of employee which would not include any employee working less than twenty hours per week on average or which is employed in a position which is filled less than six months in any year. For the definition of employers covered by the Act, the problem is slightly different. The law clearly requires all cities and other political subdivisions of the state to comply. The problem is determining who is the employing agency for a particular group of employees. Historically, employees of certain enterprises such as public utilities, hospitals, nursing homes, and libraries have been considered as separate and distinct from employees of the city. Often, the only connection is that the city council acts somewhat pro forma to ratify the annual budget proposed by the separate entity prior to certification of the tax levy. Unfortunately, it is this feature of formal budget adoption on which the rules focus, regardless of separate payroll systems, personnel rules, salary and benefit systems, etc. The League supports statutory clarification that other aspects of the government structure be considered when making a determination of which governing body is the employer of a group of employees. To be considered separately established, the governmental entities may have separate personnel systems, separate facilities, separate bookkeeping and payroll systems, and no interrelationships other than budget approval and/or financial assistance. In addition, these existing governmental entities must be separately established prior to 1984 . VI-E LIQUOR ISSUES THE LEAGUE SUPPORTS REPEAL OF THE PUBLIC HEARING REQUIREMENT FOR CITIES WITH LIQUOR STORES THAT EXPERIENCE LOSSES IN TWO OF THREE CONSECUTIVE YEARS AND SUPPORTS REPEAL OF OFF-SALE HOUR RESTRICTIONS BASED ON PROXIMITY TO FIRST CLASS CITIES WITHIN THE SAME COUNTY. THE LEAGUE OPPOSES THE ESTABLISHMENT OF ONE CLASS OF BEER AND THE -69- OFF-SALE OF WINE IN OTHER THAN LIQUOR STORES. Liquor issues have been consolidated into a single bill in recent legislative sessions. The League generally supports this practice but only if each provision is adequately considered by the legislature and the parties affected are given ample opportunity for input. The League has identified the following issues which may or should be considered by the legislature: 1. Continuation hearings. State law currently requires that a city operating a municipal liquor store hold a public hearing if the store loses money in any two of three consecutive years. this statue, adopted prior to "truth in taxation" hearing requirements, is now duplicative and wasteful and should be repealed or combined with other budget hearings. 2 . Off-sale hours. Minnesota Statue 340A.504 , Subd. 4 limits off-sales of liquor to 10: 00 p.m. generally, except that cities of the first class and cities within 15 miles of cities of the first class (within the same county) must close at 8: 00 p.m. Monday through Thursday. Political boundaries make the latter portion of this statue unfair. The League supports repeal of the neighboring city, same county, portion of this statue, and generally believes that cities should be fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishment having different hours of operation. VI-F MN. PUBLIC EMPLOYMENT LABOR RELATIONS ACT (PELRA) A. THE LEAGUE SUPPORTS LEGISLATION WHICH MODIFIES THE EXISTING INTEREST ARBITRATION PROCESS TO REQUIRE ARBITRATORS TO GIVE PRIMARY CONSIDERATION TO INTERNAL EQUITY COMPARISONS AND THE IMPACT THAT ANY ARBITRATION AWARD MIGHT HAVE ON THE PERSONNEL COMPENSATION SYSTEMS OF THE CITY INVOLVED IN THE ARBITRATION. FURTHER, THE LEAGUE OPPOSES CONSIDERING ANY ADDITIONAL EMPLOYEE GROUPS AS ESSENTIAL EMPLOYEES. City and other governmental experience with the arbitration process has shown that arbitrated awards generally exceed negotiated settlements. Unlike the state, local governments do not have the authority to reject these arbitrated awards. The legislature should re-examine binding arbitration as a means of determining pay and benefit issues. The goal of any modification to the process should be to ensure that arbitrations do not interfere with other state programs such as pay equity. These should not be any additional employee groups placed in the category of "essential employees. " B. THE LEAGUE RECOMMENDS THAT THE LEGISLATURE REINSTATE THE PREVIOUS DEFINITION OF EMPLOYEES COVERED BY PELRA TO PEOPLE EMPLOYED FOR MORE THAT 100 WORKING DAYS IN A CALENDAR YEAR. -70- (:9g ( The 1983 legislature reduced the time period that part-time employees must be employed before they are considered employees covered by PELRA. This has resulted in higher wages for some part-time employees, and more significantly, has resulted in cities hiring fewer part-time employees. 1991 legislative action in this area has caused further confusion, which may also result in a lessening of job opportunities, particularly for students and the disadvantaged. Additionally, many employees who view their. work as temporary or transitory in nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Recent legislative interest in cost-saving initiatives at the local level could be substantially promoted by a statutory amendment to enable local governments to effectively utilize seasonal employees. VI-G ANNEXATION A. THE LEAGUE SUPPORTS LEGISLATION RESTRICTING FURTHER URBAN GROWTH OUTSIDE CITY BOUNDARIES AND FACILITATING THE ANNEXATION OF URBAN LAND TO CITIES. Public policies which encourage substantial development in non-urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and counter productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state should include as a major objective their preservation and wise use. Particular attention should be given to the issue of development and the delivery of governmental services to urbanizing fringe areas. In the metropolitan area, the Legislature should not modify the existing framework for restricting or guiding development absent careful study and input from metropolitan cities and their associations. State law should continue to encourage the preservation of shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends the following: * State statutes regulating annexation should make it easier for cities to annex developed or tveloping land within unincorporated areas which the annexing city nas designated as a growth area. * The legislature should clarify 1992 legislation which allows property owners to initiate an annexation by petition to specifically allow these annexations notwithstanding orderly annexation agreements which might contradict the petition. * Cities should be given the authority to extend their zoning -71- ordinance and subdivision controls up to two miles outside the city's boundaries regardless of the existence of county or township controls, in order to ensure conformance with city facilities and services. VI-H ECONOMIC DEVELOPMENT AUTHORITIES A. THE LEAGUE SUPPORTS THE STATE'S CURRENT POLICY OF LIMITING THE SPECIFIC AUTHORITY AND POWERS OF ECONOMIC DEVELOPMENT AUTHORITIES (EDA) TO CITY GOVERNMENTS. The limited economic development tools available in the state are vital to assist in the creation of jobs and industry across the state, and are concentrated in urbanized governments. The League believes that the Legislature should continue its decision to limit EDA authority to cities as the primary local government responsible for the organizational and financial coordination of development and redevelopment. The state has already determined that city government most efficiently provides governmental services in areas intensively developed for residential, commercial, industrial, and governmental purposes. The League believes that the state should continue to recognize the importance of using and preserving the existing infrastructure that exists within cities, and continue to find that urban development, and all related authority, should remain within cities, managed by city governments. B. THE LEAGUE SUPPORTS LEGISLATION WHICH WOULD PROVIDE CITY ECONOMIC DEVELOPMENT AUTHORITIES (EDAs) THE SAME POWER AND AUTHORITY AS THOSE GIVEN TO PORT AUTHORITIES. The league urges the legislature to authorize all cities to designate development areas anywhere within their jurisdiction, or to designate area development authorities when they enter into joint powers agreements with other cities. Present law restricts development areas, qualifications, and authority for EDAs. In addition, EDAs should be allowed to issue general obligation bonds for project activities without a referendum. VI-I WETLANDS CONSERVATION THE LEAGUE, ALONG WITH MANY OTHER GOVERNMENTAL ASSOCIATIONS, SUPPORTED PASSAGE OF THE 1991 WETLANDS CONSERVATION ACT. EXPERIENCE GAINED BY ADMINISTRATION OF THE INTERIM PROGRAM AND PARTICIPATION IN THE RULE-WRITING FOR THE PERMANENT PROGRAM INDICATES A NEED FOR ADDITIONAL LEGISLATIVE ACTION. Specifically, the League supports the following legislative initiatives. -72- Remove the $75 limitation on replacement plan reviews. Since all proposals to alter, drain, or fill a wetland involve a substantial expenditure of local staff time, including, but not limited to, professional engineers or hydrologists, any limitation on cost recovery less than actual expenses means that the general taxpayer is subsidizing the proponent of any activity which, by definition is potentially adverse to the environment. Initiate detailed review of costs/benefits of expanding the scope of protected wetlands to include Types 1,2, and 6 and evaluate alternative mitigation methods to compensate for any direct loss from impacts to Type 1, 2, and 6 wetlands. Amend the governmental oversight process so landowners can clearly understand which government unit needs to review a proposal, and refine the system to ensure expedited reviews of proposals consistent with the environmental goals of the program. Provide for state defense and indemnification of local governments administering state laws for any "taking" claims which property owners might allege. Make wetland replacement requirements equal between urban and non-urban land at a 1: 1 ratio. VI-J MSA MILEAGE LIMIT A. IN ORDER TO MORE ADEQUATELY REPRESENT THE CURRENT ELIGIBLE MILES OF CITY STREETS, THE LEAGUE SUPPORTS RAISING THE MUNICIPAL STATE AID SYSTEM (M.S.A.S. ) LIMIT TO 3000 MILES. THIS IS AN ADMINISTRATIVE CHANGE AND WOULD NOT AFFECT THE ACTUAL DISTRIBUTION OF M.S.A. FUNDING. Existing law limits the system to 2,500 miles and total mileage currently in the system is approximately 2, 300. This mileage increase for the system is necessary to accommodate the mileage needs of growing cities which reach the 5, 000 population level and larger cities with growing street systems so that these cities may also receive adequate municipal state aid. B. THE POPULATION FACTOR OF THE MUNICIPAL STATE AID SYSTEM SHOULD BE CHANGED TO REFLECT ANNUAL POPULATION UPDATES BASED ON ESTIMATES FROM THE STATE DEMOGRAPHER OR METROPOLITAN COUNCIL, RATHER THAN FEDERAL OR SPECIAL CENSUS COUNTS. VI-R HIGHWAY DEFINITION - TRANSPORTATION FUNDING IF THE SALES TAX ON GASOLINE IS FOUND TO BE UNCONSTITUTIONAL, THE LEAGUE URGES THE LEGISLATURE TO RESOLVE THE CONSTITUTIONAL USE OF GAS TAX REVENUES EXPANDED USES. UNTIL THIS IS RESOLVED, THE LEAGUE SUPPORTS AMENDING THE STATUTORY DEFINITION OF ROAD OR -73- HIGHWAY, TO INCLUDE OTHER TRANSPORTATION MODES WITHIN "TRANSPORTATION CORRIDORS." THE LEAGUE WOULD THEN SUPPORT A GAS TAX INCREASE ADEQUATE TO MEET THE CURRENT NEEDS OF THESE TRANSPORTATION MODES. Under this funding option, mass transit projects within transportation corridors would be eligible for gas tax revenues if the projects helped to achieve the state's overall transportation goals, maximize ISTEA funding, and reduce pollution to meet the requirements of the Clean Air Act. Eligible transit expenditures would include property, vehicles, and equipment for public bus and rail systems, and their related facilities. -74- VII METROPOLITAN GOVERNANCE REORGANI ZATION PAGE 75 THROUGH 78 VII METROPOLITAN GOVERNANCE REORGANIZATION VII-A LEGISLATIVE REORGANIZATION OF METROPOLITAN GOVERNANCE. The Association of Metropolitan Municipalities' Metropolitan Governance Task Force has suggested broad-based changes in the make-up and operation of the Metropolitan Council and Metropolitan Agencies so they may become more responsive and accountable to help lead the metropolitan area into the 21st Century and beyond. The types of recommendations are divided into two main categories: Those requiring legislative action and those needing action by the Metropolitan Council. A-1 RESTRUCTURING OF METROPOLITAN AGENCIES. The AMM believes that to better meet the needs of current and future delivery of regional services and developing and implementing regional policy, some changes should be made to the structures and responsibilities of the regional agencies. The detailed reasons and rationale for such changes are contained in the aforementioned Task Force report. THE AMM RECOMMENDS THE FOLLOWING STATUTORY CHANGES WITH RESPECT TO METROPOLITAN AGENCIES: -REMOVE THE METROPOLITAN SPORTS FACILITIES COMMISSION AS A METROPOLITAN AGENCY SINCE THE BACK-UP TAX LIABILITY IS LIMITED TO ONE CITY WHICH ALSO APPOINTS ALL COMMISSIONERS EXCEPT THE CHAIR, CONTINGENT UPON ITS DIVESTITURE OF LANDS AND PROPERTIES IN CITIES • NOT RESPONSIBLE FOR THE BACK UP TAX; -MODIFY THE STATUS OF THE M.A.C. SO THAT IT EITHER BECOMES A TRUE METROPOLITAN AGENCY OR A STATE DIRECTED AGENCY. IF THE BACK-UP PROPERTY TAX IS ONLY LIMITED TO THE SEVEN COUNTY METROPOLITAN AREA, THEN IT SHOULD BE CONSIDERED A METROPOLITAN AGENCY AND ITS COMMISSION MEMBERS APPOINTED BY AN ELECTED METROPOLITAN COUNCIL. THE BACK-UP PROPERTY TAX SHOULD BE STATEWIDE IF THERE IS STATEWIDE REPRESENTATION ON THE M.A.C. AND IF A STATEWIDE ENTITY IS THE APPOINTING AUTHORITY. -GRANT THE METROPOLITAN COUNCIL THE AUTHORITY TO REORGANIZE THE TRANSPORTATION AND TRANSIT STRUCTURE AND OPERATION IN THE REGION. THIS COULD INCLUDE REVISING THE DUTIES AND RESPONSIBILITIES OF THE RTB AND MTC, AND MAY INVOLVE SHIFTING OF FUNCTIONS AND RESPONSIBILITIES BETWEEN THE TWO AGENCIES AND ITSELF. UNDER SUCH REORGANIZATION THE RTB CHAIR SHOULD BECOME PART-TIME AND THE METROPOLITAN COUNCIL MUST NOT BECOME THE SHORT-RANGE, DAY-TO-DAY PLANNING AUTHORITY. RECOMMENDATION FOR ELIMINATION OF EITHER THE -75- ;:-71C( RTB OR MTC WOULD REQUIRE SPECIFIC LEGISLATIVE APPROVAL. -GRANT THE METROPOLITAN COUNCIL THE AUTHORITY TO APPROVE THE CAPITAL AND OPERATING BUDGETS OF THE METROPOLITAN AGENCIES A-2 LEGISLATIVE COMMITTEE STRUCTURE FOR METRO ISSUES CONSIDERATION. The state Legislature frequently is asked to review and pass legislation that affects only the seven-county metropolitan area. The AMM has been concerned because in previous years some of the committees making initial decisions affecting only the metropolitan area have had a majority of non-metropolitan area legislators. Both the House and Senate created subcommittees in the last session consisting primarily of metro area legislators to provide initial review and action on metropolitan area specific legislation and issues. THE AMM COMMENDS THE HOUSE AND SENATE FOR THEIR RESPONSIVENESS IN CREATING COMMITTEE STRUCTURES THAT ARE MORE KNOWLEDGEABLE OF METROPOLITAN AREA SPECIFIC ISSUES AND CONCERNS AND URGES BOTH LEGISLATIVE BRANCHES TO CONTINUE COMPARABLE ARRANGEMENTS IN FUTURE YEARS. A-3 SELECTION OF METROPOLITAN COUNCIL/METROPOLITAN AGENCIES MEMBERS. The Metropolitan Council has substantial taxing authority and supervises other metropolitan agencies that have considerably more taxing authority. This taxing ability requires accountability that cannot be achieved through current appointment process. Direct election would give the accountability the citizens need to balance the Council's taxing authority and other responsibilities it now has or may have. As a side benefit, the election process would help address the general lack of understanding about the Metropolitan Council and its role in the region. THE AMM RECOMMENDS THAT METROPOLITAN COUNCIL MEMBERS BE ELECTED DIRECTLY TO THEIR POSITIONS TO BALANCE ACCOUNTABILITY WIT& AUTHORITY AND RESPONSIBILITY. (THE ELECTION PROCESS SHOULD BE IN SUBSTANTIAL CONFORMANCE WITH THE TASK FORCE REPORT RECOMMENDATIONS FOR ELECTION OF COUNCIL MEMBERS. ) THE AMM ALSO RECOMMENDS THAT THE METROPOLITAN COUNCIL CHAIR BE ELECTED BIENNIALLY FROM WITHIN THE COUNCIL MEMBERSHIP, NOT APPOINTED BY THE GOVERNOR. THE AMM FURTHER RECOMMENDS THAT THE COUNCIL HAVE THE AUTHORITY TO APPOINT ALL CHAIRS AND MEMBERS TO REGIONAL AGENCIES UNDER THE COUNCIL'S PURVIEW. THESE AGENCIES ARE METROPOLITAN AIRPORTS COMMISSION (M.A.C. ) , METROPOLITAN WASTE CONTROL COMMISSION (MWCC) , METROPOLITAN TRANSIT COMMISSION (MTC) , METROPOLITAN PARKS AND OPEN SPACE COMMISSION (MPOSC) AND THE -76- REGIONAL TRANSIT BOARD (RTB) . IF THE LEGISLATURE DETERMINES THAT THE M.A.C. IS NOT A TRUE METROPOLITAN AGENCY AS REFERENCED IN POLICY A-1, THEN ITS MEMBERS AND CHAIR SHOULD CONTINUE TO BE APPOINTED BY THE GOVERNOR. A-4 REGIONAL RAIL AUTHORITIES/TRANSIT. The regional rail authorities as they affect transit matters in the metropolitan area have outlived their usefulness. No one rail , authority has the broad metropolitan perspective to plan a transit system. As a group, the rail authorities duplicate and complicate transit planning of the existing metropolitan agencies. THEREFORE, THE AMM RECOMMENDS THAT THE ROLE OF THE REGIONAL RAIL AUTHORITIES AS INVOLVED IN TRANSIT IN THE SEVEN-COUNTY METROPOLITAN AREA BE ELIMINATED. VII-B RE-ENERGIZING THE METROPOLITAN COUNCIL. The Metropolitan Council was formed to address specific problems, such as providing an adequate sewer system for Minneapolis, St. Paul and the surrounding suburbs, but it had a broader focus. Its mission was to serve the metropolitan area. Its first members took what could be called a pro-active stance and, over time, became involved in issues such as land use planning, parks and open space, and transportation to allow for the orderly expansion of growth in the Twin Cities metropolitan area. During the years since its inception to the present, however, the Metropolitan Council is perceived to have become more politicized and is offhandedly referred to as the "State Department of Metropolitan Affairs. " It has, either by design or happenstance, become an enforcer of rules and regulations. It has become enmeshed in minutia and dealing with the here-and-now, functioning less as an institution of forward-thinking planning. When the Council was created to address the issues of sewers, transit, and parks and open space, it seemed natural for the Council to engage more heavily in the day-to-day activities of the systems and agencies it envisioned. The Council did nothing wrong, per se. Rather, it seemed to institutionalize its vision, which pulled it back from forward-thinking. The AMM believes the Council should become re-energized and is encouraged by the recent actions of the Council to become more visionary and big picture oriented. THEREFORE THE AMM RECOMMENDS THAT: -THE METROPOLITAN COUNCIL CONTINUE TO RE-EMPHASIZE ITS VISIONARY ROLE AND APPOINT A PERMANENT COMMITTEE WHOSE SOLE CHARGE IS TO SEEK OUT OPPORTUNITIES AND CHALLENGES THAT THE COUNCIL MAY ADDRESS. THE COUNCIL HAS THE OPPORTUNITY TO HELP ADVANCE THE METROPOLITAN AREA -77- 4C7Va\ ROLE AND APPOINT A PERMANENT COMMITTEE WHOSE SOLE CHARGE IS TO SEEK OUT OPPORTUNITIES AND CHALLENGES THAT THE COUNCIL MAY ADDRESS. THE COUNCIL HAS THE OPPORTUNITY TO HELP ADVANCE THE METROPOLITAN AREA INTO THE NEXT CENTURY BY FOCUSING ON VISION AND LONG-RANGE PLANNING; -THE METROPOLITAN COUNCIL WORK ACTIVELY TO GET CITIES AND OTHER ORGANIZATIONS INVOLVED AS MUCH AS POSSIBLE IN THE ACTUAL DELIVERY OF SERVICES. TO THIS END, THE COUNCIL NEEDS TO WORK WITH CITY OFFICIALS TO PROVIDE ASSISTANCE AS NEEDED AND TO GET A LOCAL PERSPECTIVE ON ISSUES; -THE COUNCIL EXAMINE SEVERAL ISSUE AREAS THAT HAVE METROPOLITAN WIDE SIGNIFICANCE. THE COUNCIL WOULD PROVIDE OVERSIGHT AND BE RESPONSIBLE FOR REPRESENTING AGENCIES UNDER ITS CHARGE AT THE STATE LEVEL. IT WOULD FACILITATE PLANNING AND DEVELOPMENT OF THESE ISSUE AREAS. SOME OF THE ISSUE AREAS INCLUDE LAND USE PLANNING AND GROWTH MANAGEMENT; HOUSING, COMMUNITY PRESERVATION AND NEIGHBORHOOD REVITALIZATION; ENVIRONMENT, TRANSPORTATION, HUMAN SERVICES, PUBLIC SAFETY SUPPORT, AND REGIONAL AND LEISURE SERVICES; -THE METROPOLITAN COUNCIL STRENGTHEN THE AUTHORITY OF THE EXECUTIVE DIRECTOR IN RUNNING THE DAY-TO-DAY OPERATIONS AND THAT THE COUNCIL MEMBERS BECOME MORE "BIG PICTURE" ORIENTED AND LESS INVOVLED IN DETAILS. -78- f AGREEMENT WHEREAS, on February 18 , 1992, City of Eagan adopted Ordinance No. 134 2d Series, amending Eagan City Code Section 6. 34 relating to licensing for the sale of tobacco; WHEREAS, the City of Eagan issued a citation against an employee of Cedar Cliff Amoco located at 4600 Slater Road, charging that employee with the sale of tobacco to a 15-year-old on November 10, 1992 in violation of City Code Sections 6. 34 and 6. 99; WHEREAS, on April 1, 1993 the employee of Cedar Cliff Amoco pled guilty to the violation of City Code Sections 6.34 and 6. 99; WHEREAS, the City of Eagan now alleges that Robert Schlangen who is the holder of the tobacco sale license for the Cedar Cliff Amoco located at 4600 Slater Road, is in violation of Section 6. 34 , subd. 3 .B. 1. prohibiting the sale of tobacco products to any person under the age of 18 ; WHEREAS, the City of Eagan has commenced proceedings to suspend or revoke the tobacco license issued by the City of Eagan to Mr. Schlangen pursuant to Section 6. 34, subd. 4 of the Eagan City Code; WHEREAS, the City of Eagan and Mr. Schlangen have entered into negotiations to resolve this matter. NOW, THEREFORE, the City of Eagan and Mr. Schlangen hereby agree as follows: 1 . All sale of cigarettes from the location of the Cedar Cliff Amoco at 4600 Slater Road in the City of Eagan shall be suspended for a period commencing at 12: 01 a.m. , November 1, and terminating at 11: 59 p.m. , November 30, 1993 . 2. Cedar Cliff Amoco agrees to on-site inspections of the tobacco products by the Eagan Police Department during the suspension period. 3 . The suspension shall be terminated upon written notice from the City to Mr. Schlangen of successful compliance with the suspension period. 4. In the event there is a violation during the suspension period, the matter will be set on the next regularly scheduled City Council meeting agenda for consideration as to extension of the suspension or possible revocation of the license. The suspension shall continue until the matter is heard by the Council. CITY OF EAGAN Dated: , 1993 . By: Thomas A. Egan Its: Mayor Dated: , 1993 . By: E. J. VanOverbeke Its: City Clerk CEDAR CLIFF AMOCO Dated: z = ;i , 1993 . By: Robert Schlangen, Licensee -2-