03/16/1993 - City Council Regular /
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
MARCH 16, 1993
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
(9. I II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
i
III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
IV. 6:55 - CONSENT AGENDA (PINK)
r2 A. PERSONNEL ITEMS
``;/ B. LICENSES, Plumbers
C. PROCLAMATION, National Youth Service Day, April 20, 1993
1,p�$ D. PROCLAMATION, National Preschool Immunization Week, April 24 - 30, 1993
Y .(O E. FINAL PLAT, Hawthorne Woods 2nd Addition
d F. FINAL PLAT, Town Center 70 - Thirteenth Addition
4, G. AMENDMENT to Planned Development Agreement, Park Center
zt/H. AUTHORIZE Agreement for Water Meter Reading Services
f*
14r I. AUTHORIZE Issuance and Sale of Refunding Bonds and 1993 Equipment Certificates
J. PROJECT 601A (Amended) , Receive Report/Order Public Hearing (Lexington & Lone Oak -
r ** Intersection and Signalization Improvements
L7�,(, K. RECEIVE Petition/Order Public Hearing (Sunset 12th & Praise Lutheran Church Additions
Vacate Drainage, Utility & Street Easements)
�`L. PROJECT 648, Receive Report/Order Public Hearing (Woodlands North 3rd - Streets &
9' Utilities)
n;'7 M. CONTRACT 93-04, Approve Plans/Authorize Advertisement for Bids (St. Thomas Becket -
r ,,o Utilities)
1{} N. 1992 General Fund Budget Adjustments
I ,400. PROJECT 607, Approve Agreement (Diffley Road - Pedestrian Underpass)
SP. RATIFICATION of Amended Joint Powers Agreement, Minnesota Valley Transit Authority
e .SQ. RECOMMENDATION, Airport Relations Committee, MASAC Alternate Members
P.e 6p R. DECLARE Surplus Property/Authorize Disposition, Infotron 32 Multiplexors
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r V. 7:00 - PUBLIC HEARINGS (SALMON)
50 A. PROJECT 641, Wenzel Addition - Streets & Utilities
rVI. OLD BUSINESS (ORCHID)
r A. ORDINANCE Amending City Code Chapter 8, Entitled "Traffic Regulations" by Adding
V Section 8.08 Regarding the Use of Motorized Golf Carts on Designated Streets By
Persons With Mobility Impairments; and by Adopting by Reference Eagan City Code
Chapter 1 and Section 8.99
, B. DISCUSSION Regarding a Task Force to Include Fundraising and Other Tasks for
fRecreation Facility Project
' VII. NEW BUSINESS (TAN)
� q`/ A. CONSIDERATION of Drafting Ordinance Regarding Licensing of Cats
! 0 Q I B. ORDINANCE Amending City Code Chapter 9, entitled "Parking Regulations" by Amending
P� Section 9.12 Regarding the Impoundment of Motor Vehicles Involved in Alcohol/Drug-
Related Driving Offenses and Release Procedures; and by Adopting by Reference City
Code Chapter 1 and Section 9.99
?. (°\ C. WAIVER OF PLAT, Duplex Lot Split, Don Christenson, Located on Lot 6, Block 1, Buffer
Hills Addition, in the SW 1/4 of Section 15
VIII. ADDITIONAL ITEMS (GOLD)
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
' (0 J/A. RECOMMENDATION, Airport Relations Committee, Dual Track Planning Process Legislation
X. 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 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: MARCH 12, 1993
SUBJECT: AGENDA INFORMATION FOR THE MARCH 16, 1993
CITY COUNCIL MEETING
!ADOPT AGENDA/APPROVE MINUTES
After approval is given to the March 16, 1993 City Council agenda and regular meeting
minutes for the March 2, 1993 City Council meeting, the following items are in order for
consideration.
1
Agenda Information Memo
March 16, 1993 City Council Meeting
' I'. >
There are eighteen (18) 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:
Item 1. Ratification/Administrative Assistant/Police Department--In official action at the
March 2, 1993 City Council meeting, the Council approved the hiring of a person to be
recommended by the Chief of Police as the Administrative Assistant for the Police
Department. As the Council will recall, interviews for this position were to be held the day
after the March 2, 1993 City Council meeting. The interviews were held and it was the
unanimous recommendation of the interview panel that Linda Cummings be hired as the
Administrative Assistant for the Police Department. Therefore,it is in order for the Council
to ratify this hiring at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Linda Cummings
as the Administrative Assistant for the Police Department.
Item 2. Seasonal Park Maintenance Workers--It is the recommendation of Superintendent
of Parks VonDeLinde that Brian Banaszewski, Matt Freeland, Velta Martin, and George
Sellner be hired as seasonal park maintenance workers.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Brian
Banaszewski, Matt Freeland, Velta Martin, and George Sellner as seasonal park
maintenance workers.
Item 3. Seasonal Forestry Workers--It is the recommendation of Superintendent of Parks
VonDeLinde that David Wills and Stanley Schneider be hired as seasonal forestry workers.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Wills
and Stanley Schneider as seasonal forestry workers.
Item 4. Assistant Utility Billing Clerk--Over 300 applications were received for this
position. As is the normal case, qualifications contained in these applications varied
extensively. After review of the application and the information contained therein,
approximately 85 candidates were invited for written tests the week of March 15 - 19. After
testing is completed and the results reviewed, 10 - 12 applicants will be invited back to the
Agenda Information Memo
March 16, 1993 City Council Meeting
PERSONNEL ITEMS CONTINUED--
Eagan Municipal Center for interviews and typing tests on March 26, 1993. The interview
panel will consist of Director of Finance VanOverbeke, Assistant Finance Director Pepper,
Utility Billing Clerk Downs and Assistant to the City Administrator Duffy. Because of the
long period between Council meetings and also because of the need to fill this position as
soon as possible, the Finance Director is requesting and the City Administrator is
recommending approval of his request that the Council approve the hiring at the March 16,
1993 City Council meeting of a person to be recommended by the interview panel as of
March 26, 1993.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to
be recommended by the Director of Finance as the Assistant Utility Billing Clerk for the
Finance Department of the City of Eagan.
Item 5. 1993 Temporary/Seasonal Employee Compensation Rates--For the past several
months, department heads have been reviewing the compensation rates received by
temporary and seasonal employees at the City of Eagan. The review was conducted in order
to attempt more internal pay equity for these types of employees. In addition to internal
equity being looked at, a market study was performed. Basically, temporary and seasonal
positions fall into three main categories. The first is the intern type position, such as the
temporary engineering aide,where persons work for the City in a learning type situation for
a certain number of months. The second category would be the temporary and seasonal
workers who basically are employed year round or almost year round in the same position,
such as the temporary building/mechanical inspector, the temporary fire inspector, the
temporary sign inspector, cablecasters, and the seasonal preschool instructors and assistants
who teach programs such as tiny tots. The third category of temporary and seasonal
employees would be employees who generally are hired for a specific season such as the
winter recreation leaders, the summer recreation leaders and the summer recreation
assistants. The department heads are recommending the following steps regarding 1993
compensation rates for the three groups. The recommendation for the temporary
engineering aide and temporary park planning aide and other like intern positions would
be to freeze the rate at the 1992 rate. The recommendation for the seasonal and temporary
P ry
h r cablecasters and pre-
school which are basically here year round such as the inspectors, cab ecast p
school personnel would be an increase equivalent to that received by regular employees, an
increase of 2.5% retroactive to January 1, 1993. The recommendation for the winter and
summer recreation leaders and recreation assistants would be to make these rates consistent
with each other. The pay rates for the winter and summer recreation leaders would range
from $5.45 - $6.45 depending upon experience. The recreation assistants' range would be
$5.45 - $5.95 per hour depending upon experience.
3
Agenda Information Memo
March 16, 1993 City Council Meeting
PERSONNEL ITEMS CONTINUED--
ACTION TO BE CONSIDERED ON THIS ITEM: To approve 1993 compensation rates
for temporary seasonal employees as follows: 1. Temporary engineering aide and
temporary park planning aide: freeze rates at the 1992 level. 2. The temporary building/
mechanical inspector, temporary fire inspector, temporary sign inspector, cablecasters, and
seasonal preschool instructors and assistants would receive a rate increase of 2.5%for 1993,
retroactive to January 1, 1993. 3. Winter and summer recreation leaders would receive
compensation on a range from $5.45 - $6.45 per hour, depending upon experience, effective
as of March 17, 1993, and the summer recreation assistants would receive a compensation
range of$5.45 - $5.95 per hour, depending upon experience, also effective March 17, 1993.
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 approval at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as
presented.
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. KLUVER MECHANICAL CONSTRUCTION
2. MCGUIRE MECHANICAL SERVICES
3. MACK PLUMBING & HEATING
4. RDC PLUMBING CO
For March 16, 1993 meeting
S
Agenda Information Memo
March 16, 1993 City Council Meeting
NATIONAL YOUTH SERVICE DAY PROCLAMATION
C. Proclamation, National Youth Service Day, April 20, 1993--The City has received a
request from the United States Conference of Mayors to proclaim April 20, 1993 as
National Youth Service Day in the City of Eagan. The purpose of the day is to underscore
the positive contributions that young people are making to help their communities.
Enclosed on page 7 is a copy of the proclamation for the Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 20, 1993, as National
Youth Service Day in the City of Eagan.
W
CITY OF EAGAN
NATIONAL YOUTH SERVICE DAY
PROCLAMATION
WHEREAS, a National Youth Service Day is being organized
to reinforce in young Americans the importance and the excitement
of helping others - neighbors helping neighbors; and
WHEREAS, in 1990, the Jefferson Awards, the Points of
Light Foundation, and the U.S. Conference of Mayors united with
Youth Service America to create National Youth Service Day; and
WHEREAS, the day was formed to recognize and encourage
the many positive contributions that young Americans were making in
their communities; and
WHEREAS, in the first year, over 100,000 young Americans
participated building to over 500, 000 young people participating in
1992 ; and
WHEREAS, young people have tremendous energy and
enthusiasm and they represent the solutions to the many social and
community problems facing our cities; and
WHEREAS, the goal of the National Youth Service Day is to
tap into this creativity and to establish an ongoing system of
community service for the next generation;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Eagan hereby proclaims Tuesday, April 20, 1993 as
National Youth Service Day in the City of Eagan.
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 16th day of March, 1993 .
E. J. VanOverbeke, City Clerk
ri
Agenda Information Memo
March 16, 1993 City Council Meeting
NATIONAL PRESCHOOL IMMUNIZATION WEEK PROCLAMATION
D. Proclamation,National Preschool Immunization Week,April 24-30, 1993--The City has
received a request from William L. Roper, director of the Centers for Disease Control and
Prevention of the Department of Health and Human Services,to proclaim the week of April
24 - 30, 1993, as National Preschool Immunization Week. This is the first year that this
week will be proclaimed. It will be observed during the last week of April every year
thereafter. The theme for the week this year is "Hands Across the Nation for Preschool
Immunization." Activities will be planned to encourage parents and providers work together
to insure that every child has a physician or facility selected by the family to serve the full
immunization needs of the child. A copy of the proclamation is enclosed on page l for
the Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of April 24 - 30,
1993 as the first National Preschool Immunization Week in the City of Eagan.
3
CITY OF EAGAN
NATIONAL PRESCHOOL IMMUNISATION WEER
PROCLAMATION
WHEREAS, the first National Preschool Immunization Week will
be April 24-30, 1993 and will be observed during the last week of April
every year thereafter; and
WHEREAS, early childhood immunization is a cost-effective
disease prevention measure that works; and
WHEREAS, the national goal for the year 2000 is to provide
recommended immunizations to at least 90 percent of children by their
second birthday; and
WHEREAS, presently in most areas only 40 to 60 percent of
children under age 2 are age appropriately immunized; and
WHEREAS, we need to increase awareness that more than 80
percent of recommended vaccinations should be administered during the
first two years of life; and
WHEREAS, many national and local efforts are underway to
improve access to immunizations and to insure that services and
vaccines are readily available; and
WHEREAS, an annual National Preschool Immunization Week will
be an ongoing catalyst to 1) review progress in meeting the 90 percent
immunization goal, 2) demonstrate a renewed commitment to reaching the
goal, 3) revitalize the unprecedented momentum that has been achieved
over the past two years at the national and local level and 4) elevate
this important issue on the public's list of health priorities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Eagan hereby proclaims the week of April 24-30, 1993 as the
first National Preschool Immunization Week in the City of Eagan.
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
16th day of March, 1993 .
E. J. VanOverbeke, City Clerk
Agenda Information Memo
March 16, 1993 City Council Meeting
HAWTHORNE WOODS 2ND ADDITION
E. Final Plat,Hawthorne Woods 2nd Addition--Documents relative to the final plat of the
Hawthorne Woods 2nd Addition are being finalized by the applicant and City staff. If all
items are executed and complete by Tuesday evening, this item will be in order for
consideration by the Council. If not, staff will recommend that it be continued at the time
of agenda adoption. For a copy of the plat as it appears for filing at Dakota County, please
refer to pago;
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Hawthorne
Woods 2nd Addition as presented.
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Agenda Information Memo
March 16, 1993 City Council Meeting
TOWN CENTRE 70 - THIRTEENTH ADDITION FINAL PLAT
F. Final Plat, Town Centre 70 - Thirteenth Addition--The applicant and City staff are in
the process of finalizing documents relative to the Town Centre 70 Thirteenth Addition final
plat for McDonald's Corporation. If all documents are finalized and executed in time for
Tuesday evening's meeting, this item will be in order for approval by the Council. If not,
staff will recommend that it be pulled at the time of agenda adoption. For copy of the
plat as it appears for recording at Dakota County, please refer to page /5.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town
Centre 70 Thirteenth Addition as presented.
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Agenda Information Memo
March 16, 1993 City Council Meeting
PARK CENTER PLANNED DEVELOPMENT AMENDMENT
G. Amendment to Planned Development Agreement, Park Center--In the course of
approving the Park Center Third Addition (Taco Bell) plat application, changes were
required of the Park Center planned development agreement. Those changes have been
incorporated in the amendment which is attached on pages L throughQ3for your review.
This document has been reviewed by City staff and the City Attorney's office and has been
executed by the property owner. The amendment is in order for consideration by the City
Council at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amendment to the
planned development agreement for the Park Center PD as presented.
_ P
AMENDMENT
PLANNED DEVELOPMENT AGREEMENT
PARR CENTER
THIS AMENDMENT, made this day of
19 , by and between the CITY OF EAGAN, a Minnesota municipal
corporation (hereinafter the "City") , and MARTIN F. COLON and
GERALDINE F. COLON, husband and wife, (hereinafter collectively
referred to as the "Applicants") .
WHEREAS, the City Council of the City of Eagan is the official
governing body of the City of Eagan; and
WHEREAS, the City and Federal Land Company, original Owner and .
Developer, entered into a Planned Development Agreement for Park
Center Addition (hereinafter the "Agreement") on the 15th day of
August, 1989 ; and
WHEREAS , the Agreement runs with the land until terminated and
is binding upon the successor and assigns of the original owner and
developer; and
WHEREAS, the Eagan City Code provides for amendments to said
Agreement upon application by Federal Land Company or its
successors and assigns and approval of the City pursuant to Eagan
City Code; and
WHEREAS, Federal Land Company was at the time of the execution
of the Agreement the owner of approximately 12.73 acres
of land located at the northwest corner of Cliff Road and Cliff
Lake Road in the City of Eagan, State of Minnesota, as shown on
Exhibit A attached hereto, which property has been platted as
Outlets B, C, D and E, Park Center;
WHEREAS, Outlots D and E, Park Center (which Outlots are set
forth as Site 2 and Site 1 respectively on Exhibit B of the
original Planned Development Agreement) have been transferred and
conveyed to Martin Colon who is now the owner of said Outlots D and
E, Park Center;
WHEREAS, the Applicant has applied for an amendment to Exhibit
C (Uses) of the original Planned Development Agreement to allow a
Class II restaurant on Site 1, as shown in Exhibit B attached
hereto; and
WHEREAS, the Advisory Planning Commission of the City of Eagan
did hold a public hearing on November 24, 1992 and did recommend
approval of an amendment to the Agreement on that date; and
WHEREAS, the Advisory Planning Commission's approval was
conditioned upon the Applicant agreeing to designate the uses for
Outlot D, Park Center Addition as set forth in Exhibit B, attached
hereto, which the Applicant did agree on record;
WHEREAS, the City Council of the City of Eagan did review the
amendment to the Agreement on December 15, 1992, and did concur
with the recommendation of the Advisory Planning Commission to
approve an amendment to the Agreement;
NOW THEREFORE, it is hereby agreed to and between the parties
hereto as follows:
1. The Planned Development Agreement for Park Center shall
be amended to revise Exhibit C of the original agreement,
to allow a Class II restaurant, as outlined in Exhibit B
attached hereto.
2 . The PD Agreement for Park Center shall be amended to
• include specific conditions, as outlined in Exhibit C
attached hereto. All other requirements of the original
Agreement shall remain in full force and effect as fully
set forth in the Agreement.
1
3. This Amendment 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 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 Egan
Its Mayor
(Seal)
BY:
E. J. VanOverbeke
Its Clerk
•
BY: /k2c/47L, '—�..e'-t
Martin F. Colon
BY: e141/
Geraldine F. Colon
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
‘11/4140%40
Jo Hohenstein Eagan City Attorney
Acting Community Dev. Director
III
ICI
STATE OF MINNESOTA)
ss.
COUNTY OF DAKOTA )
On this day of , 1993, before me a
Notary Public within and for said County, personally appeared
THOMAS EGAN and E.J. VANOVERBEKE to me personally known, 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 in 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 MINNESOTA )
) ss.
COUNTY OF DAKOTA ) A `-
On this cJf1
day of .��llO. Ch , 1993 ,
before me appeared a Notary Public within and for said County,
appeared Martin F. Colon and Geraldine F. Colon, husband and wife,
and acknowledged said instrument to be their free act and deed.
CkpAlvw Q ( i.R_theied.L
Notary Public
CHA= 3 F.. Er. ll-!.OL^I
;_ NOTARY PUBLIC•MINNESOTA
WASHINGTON COUNTY
"--,,, My commWbtl spires 10-1393
CP-C
• EXHIBIT k DEVELOPMENT PLAN
(SKETCH PLAN)
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AMENDMENT
EXHIBIT B: USES
Site 1: .99 acres 2,000 sq. ft. Class II restaurant
Site 2 : 9. 87 acres 86, 600 sq.ft. retail strip center
(including a 4,500 sq. ft. Class I
restaurant)
Site 3 : . 94 acres 6, 000 sq. ft. retail building
Site 4 : . 93 acres 4, 800 sq. ft. bank
(NOTE: internal road right-of-way not included in area)
AMENDMENT
EXHIBIT C: CONDITIONS
PARK CENTER P.D. AGREEMENT CONDITIONS
FOR OUTLOTS D AND E PARK CENTER
1. All pylon signs shall be constructed with the same style - two
20" x 20" brick columns.
2 . A Class I restaurant of at least 4,500 s. f. shall be developed
as part of Outlot D, Park Center.
3 . A permanent access driving aisle with a minimum width of 28 '
shall be constructed and maintained within a cross easement over
Outlot D to the Cliff Lake Road intersection at the time Outlot D
is developed. It shall be a dedicated protected driving aisle with
raised landscaped medians constructed with the future development
and at the expense of Outlot D at a location and with dimensions
approved by the City Council.
4 . A second dedicated protected access drive to Park Center Drive
from Lot 1 , Block 1, Park Center 3rd Addition, shall be provided
with the development of Outlot D, Park Center. This second access
drive may be deleted if the City Council determines it is not
necessary nor compatible with the proposed future development of
Outlot D, Park Center, using normal planning & engineering
standards then in effect.
Agenda Information Memo
March 16, 1993 City Council Meeting
• ZE • ' k AA s ' I ' •IN
H. Authorize Agreement for Water Meter Reading Services—When the 1993 Public Utilities
budget was prepared and approved, the privatization of water meter reading was included.
The privatization is expected to free up approximately 1300 hours of maintenance time from
employees who would no longer be utilized for meter reading. A request for proposals was
prepared by the Finance Department in cooperation with water division personnel. The
RFP was published in the newspaper and sent to all utilities providing services in the City.
In addition, it was sent to RMR Services, Inc., which is the firm providing the services in
Apple Valley. Although the utility companies generally expressed interest, they felt they
could not provide cost effective reading services until such time as more meters, i.e. water,
electric and gas, could be read at the same time.
The only proposal was submitted by RMR Services, Inc., and was for $.27 per read. This
would cost the City approximately $11,300 for the balance of 1993 compared to a budgeted
amount of$12,800. The response is slightly higher than anticipated based on Apple Valley's
current contract of$.20 per read. In discussing this situation with the RMR Services, Inc.,
representative staff has concluded that Apple Valley is easier to read and schedule because
of monthly billing and the current contract which was the first is not properly priced from
the vendors perspective.
The RFP and contemplated agreement covers single family residential and limited other
accounts. The City would continue to read most monthly and all commercial accounts. A
complete copy of the RFP and response is available, if any member of the City Council
would like to review it.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize an agreement with RMR
Services, Inc. to provide water meter reading services to the City.
071f
Agenda Information Memo
March 16, 1993 City Council Meeting
AUTHORIZE ISSUANCE AND SALE
REFUNDING BONDS AND 1,93 EQUIPMENT CERTIFICATES
I. Authorize Issuance and Sale of Refunding Bonds and 1993 Equipment Certificates--Staff .
has been working with Dave MacGillivray of Springsted to review potential savings through
refunding certain bond issues. As a result of that process, staff is recommending that the
City refund the following issues:
Existing Estimated
Issue Net Interest Rate P_resait Value Savings
1. G.O. Water Revenue Bonds, 1990A 7.24% $343,295
2. G.O. Improvement Bonds, 1989A 6.43% 118,484
3. G.O. Improvement Bonds, 1990B 6.91% 37,688
4. G.O. Fire, 1988B 7.08% 55,737
Since these issues were all sold at quite favorable rates, the estimated savings are not real
great and exist only because of the very favorable rates that are available in this time period.
Staff is also recommending that the City sell the 1993 Equipment Certificates in the amount
of approximately $325,000 to finance the recently approved vehicles and equipment
purchases for 1993.
The sale would be set for Tuesday, April 20, 1993. Additional detailed information and the
actual sales recommendations will be provided to the City Council after they are completed.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the issuance and sale of
refunding bonds and 1993 equipment certificates and to set the sale date of April 20, 1993.
a
Agenda Information Memo
March 16, 1993, City Council Meeting
RECEIVE REPORT/ORDER PUBLIC HEARING
(LEXINGTON & LONE OAK - INTERSECTION & SIGNALIZATION IMPROVEMENTS)
J. Project 601A- Amended, Receive Report/Order Public Hearing (Lexington & Lone
Oak- Intersection & Signalization Improvements)--At the March 2 City Council Workshop,
staff was directed to schedule a public hearing to again address the proposed intersection
and signalization improvements to the Lexington Avenue (County Road 43) and Lone Oak
Road (County Road 28) intersection. Based on the County's Resolution of February 2,
1993, the project that will be considered will be similar to Project 601A as presented at the
January 19 meeting with the amended modification which will include a raised center
median on Lexington Avenue north of Lone Oak Road.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the amended feasibility
report for Project 601A (Lexington Avenue and Lone Oak Road - Intersection &
Signalization Improvement) and schedule a public hearing to be held on April 20, 1993.
VACATION (SUNSET 12TH & PRAI
PRAISE LUTHERAN CHURCH ADDITIONS)
O S)
K. Vacate Drainage,Utility& Street Easements,Receive Petition/Order Public Hearing
(Sunset 12th & Praise Lutheran Church Additions)--The staff has received a request to
vacate various drainage, utility and street easements within the above-referenced
subdivisions to accommodate a transfer of property and expansion of parking lot facilities
for the Praise Lutheran Church facility. All application materials have been reviewed by
staff and found to be in order for Council consideration of scheduling a public hearing to
formally present and discuss this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule
a public hearing for April 20 for the vacation of drainage, utility and street easements within
the Sunset 12 and Praise Lutheran Church Additions.
RECEIVE REPORT/ORDER PUBLIC HEARING
(WOODLANDS N 3RD ADDN)
L. Project 648,Receive Report/Order Public Hearing (Woodlands North 3rd Addition-
Streets & Utilities)--In response to a petition from the developer of the Woodlands North
3rd Addition, the Council directed staff to prepare a feasibility report for the proposed
public improvements. This report has been completed and is being forwarded to the City
Council under separate cover for their consideration of scheduling a public hearing to
formally present and discuss these improvements.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 648 (Woodlands North 3rd Addition - Streets & Utilities) and schedule a public
hearing to be held on April 20.
a69
Agenda Information Memo
March 16, 1993, City Council Meeting
APPROVE PLANS/AUTHORIZE AD FOR BIDS (ST THOMAS BECKET)
M. Contract 93-04, Approve Plans/Authorize Ad For Bids (St. Thomas Becket -
Utilities)--Upon completion of the public hearing for Project 640 on December 1, 1992, the
City Council authorized the preparation of plans and specifications for the installation of
water main and storm sewer facilities to service the St. Thomas Becket Church. These plans
have now been completed and are being presented to the Council for consideration of
authorizing solicitation of competitive bids.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 93-04
(St. Thomas Becket- Utilities) and authorize the advertisement for a bid opening to be held
on April 15, 1993, at 10:30 a.m.
Agenda Information Memo
March 16, 1993 City Council Meeting
1992 GENERAL FUND BUDGET ADJUSTMENTS
N. 1992 General Fund Budget Adjustments--To simplify both the budgeting and accounting
processes the City currently makes no attempt to estimate for budgeting purposes,donations,
transfers from the Police Forfeitures Fund specific grants and the related expenditures. The
uncertainty and fluctuation in receipts and eligible projects make projections very difficult.
As an alternative, staff has instituted a process whereby the budget is formally amended by
the City Council when revenues are known and related expenditures are made.
The memo on page explains three of these types of adjustments. Two affect the Police
Department and the third affects the Forestry Department.
These adjustments increase the final 1992 General Fund Budget to $11,575,490.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adjustments to the 1992
General Fund Budget.
M E M O R A N D U M
DATE: March 9, 1993
TO: Finance Director VanOverbeke
FROM: Asst. Finance Director Pepper
SUBJECT: 1992 General Fund Budget Adjustments
The following line item adjustments� ments to the 1992 budget should be considered for
approval by the City Council:
PP y y
Current Increase Amended
Budget (Decrease) Budget
1)
01-3850-000-00 Contributions/Donations $ 8,480.00 $ 2,400.00 $ 10,880.00
01-4570-150-11 Other Equipment -0- 2,400.00 2,400.00
This adjustment relates to funds donated to the Police Dept. from the Eagan
Lions' Club for a firearm parts cleaner device and funds toward the completion
of the Apple Valley/Eagan Police Departments Firing Range.
2)
01-3340-000-00 State Grants -0- 1,000.00 1,000.00
01-4350-000-32 Printing and Publishing 2,300.00 1,000.00 3,300.00
This adjustment relates to an "America the Beautiful" grant from the State for
reimbursement of forestry brochures printed and distributed by the City.
3)
01-3435-000-00 Police Security Fees -0- 7,000.00 7,000.00
01-4120-165-11 Contractual Security -0- 7,000.00 7,000.00
This adjustment relates to contractual security services provided by the Police
Dept. These services were not contemplated when the 1992 budget was prepared.
* * * * * * *
These three adjustments will increase the amended 1992 General Fund expenditure
budget by $ 10,400.00 to $ 11,575,490.00.
budadj 3
Agenda Information Memo
March 16, 1993, City Council Meeting
APPROVE AGREEMENT (DIFFLEY RD - PEDESTRIAN UNDERPASS)
O. Project 607,Approve Agreement (Diffley Road - Pedestrian Underpass)--Due to the
delay in the bid opening for the Diffley Road Reconstruction project, a two-week extension
was provided to Mr. Caponi for the execution of the agreement pertaining to his financial
participation in the construction of an alternate pedestrian underpass. Enclosed on pages
,3 t through 37 is a copy of the agreement forwarded to Mr. Caponi for his execution
with the requirement that it be executed prior to the March 16 Council meeting. A status
report will be verbally presented by the Public Works Director if, for some reason, the
agreement has not been properly executed and/or delivered to the City within that time
frame.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the agreement for the
Diffley Road alternate pedestrian underpass under Project 607 and authorize the Mayor and
City Clerk to execute all related documents.
SENT BY: 3- 2-93 ; 3:14PM ;SEVERSON WILCOX SIII. ■ 612 681 4612;# 2/ 8
JOINT AND COOPERATIVE AGREEMENT
FOR ACCESS TO THE CAPONI ART PARK
1. Parties. This Agreement is made this day of
1993, by and between ' the City of Eagan, a Minnesota municipal
corporation, hereinafter called the "City", and Anthony Caponi and
Cheryl Caponi, husband and wife, hereinafter called the "owners". The
City maintains offices at 3830 Pilot Knob Road, Eagan, MN 55121, and
the Owners reside at 1215 County Road 30, Eagan, MN 55123.
2. The Property. The owners are the fee owners of approximately
sixty acres of real estate which lies in the vicinity of 1215 Diffley
Road, Eagan, Minnesota, and which is legally described on Exhibit A
which is attached hereto and made a part hereof by reference (the
"Property") . The Owners have partially developed a portion of the
Property lying north of Diffley Road with a homestead and sculpture
gardens, while the portion of the Property lying south of Diffley
Road remains undeveloped except for fences, fieldroads and street
access points off Diffley Road.
3. Context of Agreement. Commencing in 1986, the Owners and the
City engaged in discussions and negotiations concerning the proposal
of the Owners to develop the entire Property as The Caponi Art Park,
a profile of the proposed development being depicted on Exhibit B,
which is attached hereto and made a part hereof by reference.
These discussions culminated in a Resolution adopted by the City
on November 8, 1990, entitled "Resolution To Create A Public Outdoor
Sculpture Park In The City Of Eagan," the operative paragraphs of
said Resolution providing as follows:
R=95%
612 432 3780 03-02-93 03:16PM P002 #21
SENT BY: 3- 2-93 ; 3:14PM ;SEVERSON WILCOX St1EL- 612 681 4612;# 3/ 8
"NOW THEREFORE, be it resolved by the Eagan City Council,
this 8th day of November, 1990, that the City of Egan shall
join in a formal working partnership with Mr. Caponi for the
sole purpose of creating a public sculpture garden and
studio, benefitting the citizens of today and the
generations yet to come, and
BE IT FURTHER RESOLVED that the City of Eagan shall take a
leadership role in the establishment of a public non-profit
foundation to oversee the acquisition, development, and
administration of the sculpture park in pursuit of the
vision of Mr. Anthony Capons."
on the 16th day of December, 1992, in furtherance of the Caponi
Art Park, the Owners created a non-profit corporation under Minnesota
Statutes Chapter 317A, in furtherance of the establishment,
construction and operation of the Caponi Art Park.
The City and the Owners have continued to communicate and
cooperate in furtherance of the planning and design of a joint and
cooperative effort to realize the goals set forth in the "Resolution
To Create A Public Outdoor Sculpture park In The City of Eagan."
4. proposed Cons ruction. The City, and the County of Dakota,
have prepared plans and specifications for a street and utility
improvement on Diffley Road (Dakota County CSAH no. 30) , the City's
project being described as City Project No. 607, which improvements
are contiguous to and bisect the Property. A part of City Project No.
607 provides for pedestrian access connecting the northerly portion
of the Property with the southerly portion of the Property by means
of a tunnel under Diffley Road (the "Pedestrian Access") . The purpose
of the Pedestrian Access is to provide the public with a walking,
hiking and biking trail connecting the north, with the south side of
3?'
R-95%
612 432 3780 03-02-93 03: 16PM P003 #21
MIT BY: 3- 2-93 ; 3:15PM ;SEVERSON WILCOX SHEL 612 681 4812;# 4/ 8
Diffley Road as well as providing pedestrian and wheelchair access to
the north and south sides of Diffley Road for the utilization of the
Caponi Art Park. The original design of the tunnel under Diffley Road
as part of City Project No. 607, is hereinafter called the "Base
Pedestrian Access", the plans of which are attached hereto and made a
part hereof by reference as Exhibit C. On October 9, 1992,
representatives of the city met with the Owners and agreed upon the
design of an alternate tunnel, namely a conspan design which is 10
feet high and 16 feet wide with vertical sidewalls, hereinafter
called the "Alternate Pedestrian Access", the plans of which are
attached hereto and made a part hereof by reference as Exhibit D. The
Alternate Pedestrian Access design is to include _a fence to segregate
the traffic flow within the Pedestrian Access, which fence is
contemplated to be installed as part of the construction of the
Alternate Pedestrian Access.
NOW THEREFORE, in order to insure the design, construction, and
completion of the Pedestrian Access, the parties agree as follows:
1. The parties agree that the Alternate Pedestrian Access as
described on Exhibit D, and prepared by Orr, Bohelen,
Mayeron & Associates, Inc. , is an appropriate and suitable
design which will meet the needs of both the City and the
Caponi Art Park.
2. The City agrees to provide for the inclusion as alternate
bid items, the Base Pedestrian Access and the Alternate
Pedestrian Access, within the construction documents
prepared for bidders by the County of Dakota, for City
Project No. 607.
3. The City agrees subject to the terms hereof to provide that
the County of Dakota include the design and construction of
the Alternate Pedestrian Access as a part of City Project
No. 607.
3
R=95% 612 432 3780 03-02-93. 03. 16PM P004 #21
SENT BY: 3- 2-93 ; 3:15PM ;SEVERSON WILCOX SHEL-+ 612 681 4612;# 5/ 8
4. The Owners shall be responsible for and shall pay to the
City all costs described herein which are associated with
the construction of the Alternate Pedestrian Access. The
cost for the construction of the Alternate Pedestrian Access
shall be computed to include the following:
i.) The difference in bid prices between the Base
Pedestrian Access and the Alternate Pedestrian Access
as shown and noted on the bid submittal made by the
contractor engaged by the County of Dakota for the
construction of City Project No. 607.
ii. ) After October , 1992, all costs charged to the City
by outside consultants for engineering design and
administrating the construction and assessment of the
Alternate Pedestrian Access, which would not have been
incurred if the base pedestrian access had been
constructed.
iii. ) The amount of any change order to City Project No.
607, which is either directly or indirectly related to
the Alternate Pedestrian Access, and which would not
have been incurred if the base pedestrian access had
been constructed.
5. Prior to ,8:15 a.m. on March 22 1993 the Owner shall pay
in cash to the- -City an amount to e� determined as follows:
a. ) 50% of the difference between the bid prices of the
Alternate Pedestrian Access and the Base Pedestrian
Access as determined by the bid submittal of the
successful bidder; or
b. ) if the amount determined by Paragraph 5(a) hereof is
in excess of $25,000. 00, the Owner shall pay a sum
equal to $25,000.00 plus one-half of the amount as
determined under Paragraph 5(a) hereof, minus
$25, 000.00.
EXAMPLE:
Alternate Bid: $130,000.00
Base Bid: $ 75,000.00
Cash Paid to City $25,000.00 + (130.000 - 75.000) - 25.000
2
▪ $25,000.00 - 55,000 - 25.000
2
•
- $25,000.00 - $15,000.00
▪ $40,000.00
R�95% 341L 432 3780 03-02-93 03: 16PM P005 #21
SENT BY: 3- 2-83 ; 3:16PM ;SEVERSON WILCOX SHEL-+ 612 681 461246/ 6
6. All costs to be paid to the City by the Owner under this
Agreement, which exceed the amount paid to the City pursuant
to Paragraph 5 hereof, shall be assessed to the owner as
part of City Project No. 607. Any such assessment shall be
amortized over a period of fifteen (15) years, at an
interest rate determined by the Eagan City Council, for City
Project No. 607. Contemporaneously with the execution of
this Agrement, the Owner shall sign and deliver to the City
a Waiver of Assessment, a form of which is attached hereto
as Exhibit E.
7. The owners acknowledge that in connection with the
construction of the Alternate Pedestrian Access, additional
drainage areas upon the Property will be required. The
Owners agree that they shall grant easements for the
installation of a culvert for drainage purposes and
additional easements for drainage upon their Property_ The
extent of the easements shall be limited to what is
reasonably necessary to accommodate the drainage as
determined by the City. The easement as prepared by the City
shall include a graphic illustration and shall be executed
and delivered to the City prior to 8: 15 a.m. on March 22,
1993 .
8. The Owners do hereby agree to grant any additional
construction easements required by the City or County of
Dakota to provide for the construction of the Alternate
Pedestrian Access. All such easements shall be prepared by
the City Attorney, executed by the Owners and delivered to
the City prior to 8:15 a.m. on March 22, 1993.
9. Failure by the Owners to deliver to the City when due the
following:
a. The cash as set forth in Paragraph 5;
b. Easements as set forth in Paragraphs 7 and 8; and
c. The Waiver of Assessments as set forth in Paragraph 6,
Prior to , 8:15 a.m. on March 22, 1993,, shall result in the
deletion of the alternative bid for the construction of the
Alternative Pedestrian Access, and will result in the
construction of the Base Pedestrian Access.
10. Upon acceptance of City Project No. 607 by the City, the
Owner shall transfer ownership of the Pedestrian Access to
the City pursuant to a document prepared by the City
3$'
R=95% 612 432 3780 03-02-93 03: 16PM P006 #21
MA 1 !S 1 0- L—aya7 , i .i orm ;N:Amil ur MUM LWA 1t1u-) b11 C1t11 41112;* if ti
Attorney. Thereafter, the Pedestrian Access shall belong to
and be under the control and ownership of the City and the
City hereby agrees to maintain the Pedestrian Access in a
physical condition which will accommodate the intended use
of both parties to this Agreement.
11. This Agreement may be amended only upon written agreement
signed by both parties.
12. This Agreement shall be governed by the laws of the State of
Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands as
of the date below:
Dated:
Anthony Caponi
Dated:
Cheryl Caponi -
CITY OF EAGAN
Dated:
By: Thomas A. Egan
Its: Mayor
Dated:
By: E. J. VanOverbeke
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of _ , 1993, before me a Notary
Public within and for said County, personally appeared ANTHONY CAPONI
and CHERYL CAPONI, husband and wife, to me personally known to be the
persons described in and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
Notary Public
3
le
R=95% 612 432 3780 03-02-93 03: 16PM P007 #21
SENT BY: 9- 2-83 ; 3:16PM ;SEVERSON WILCOX SHEL 612 681 4612;# 8/ 8
STATE OF MINNESOTA )
) es.
COUNTY OF DAKOTA )
On this day of 1993, before me a Notary
Public within and for said County, personally appeared THOMAS A. EGAN
and E. J. VanOVERBEKE to me personally known, 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
APPROVED AS TO FORM:
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, WILCOX & SHELDON, P.A.
600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
(612) 432-3136
MGD
R=96, 612 432 3780 03-02-93 03: 16PM P008 #21
Agenda Information Memo
March 16, 1993 City Council Meeting
MVTA TPA AMENDMENT
P. Ratification of Amended Joint Powers Agreement,Minnesota Valley Transit Authority--
At its meeting of February 4, 1993, the Minnesota Valley Transit Authority Board approved
and amended the joint powers agreement which modifies and clarifies certain issues relative
to membership and participation in the Transit Authority Board. For additional information
with respect to jhis item, please refer to the staff memorandum which is enclosed on pages
. throughr your review. The memorandum also covers a copy of the by-laws which
were modified to reflect the joint powers changes and various editorial corrections.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ratification of the
amended joint powers agreement for the Minnesota Valley Transit Authority as presented.
3
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Senior Planned/1M,
DATE: March 9, 1993
SUBJECT: City Council Agenda Item - March 16, 1993 Meeting
Amended Joint Powers Agreement
Minnesota Valley Transit Authority
The City Council is requested to approve the amended Joint Powers
Agreement Establishing the Minnesota Valley Transit Authority
(MVTA) . A copy of the amended agreement is attached.
At its February 24, 1993 meeting, the MVTA Board approved the
amended agreement, subject to approval by all of the six MVTA
member cities. The MVTA also approved revisions to its bylaws at
the February meeting. A copy of the revised bylaws is also
attached.
The substantive changes to the amended documents are as follows:
1) The Board Alternate is now required to be the Technical
Work Group (TWG) member.
2) The Chair position is now limited to two consecutive one-
year terms.
3) The position of the at-large Commissioner has been
clarified to state that it may or may not be an elected
official, and is limited to four consecutive one-year
terms.
4) The disciplinary action to be taken for excessive Board
meeting absences has been clarified.
The MVTA Board desires to place the amended Joint Powers Agreement
and amended Bylaws into effect at its March 24 , 1993 meeting. As
such, the City Council is requested to take action on this item at
its March 16, 1993 meeting. On approval by each of the six cities,
I anticipate that final copies will be distributed for the
necessary signatures.
If you have any questions regarding this request, please advise.
Attachments
cc: Jon Hohenstein
Jim Sturm
3�
MVTA JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
REVISED MARCH 24,1993
THIS JOINT POWERS AGREEMENT is by and among the Cities of Apple
Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage from hence forth to
be known as the "Cities," municipal corporations organized under the laws of the
State of Minnesota. This Agreement is made pursuant to the authority conferred
upon the parties by Minnesota Statutes §§473.384, 473.388, and 471.59.
WHEREAS, the Cities have completed a Project Study under the
Metropolitan Transit Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual
covenants contained herein, it is hereby agreed by and among the Cities:
1. Name. The Cities hereby create and establish the Minnesota Valley
Transit Authority.
2. Purpose. The purpose of this Agreement is to provide public transit
service for the Cities pursuant to Minnesota Statutes §473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this
Agreement.
(B) "BOARD" means the Board of Commissioners of the Minnesota
Valley Transit Authority.
(C) "COUNCIL" means the governing body of a party to this
Agreement.
(D) "REGIONAL TRANSIT BOARD (RTB)" is the regional transit
board as established by Minnesota Statutes §473.373.
(E) "ADVISORY COMMITTEE" is a committee consisting of the City
Manager or Chief Administrator of each party, or his or her designee which
shall act as an advisory body to the Board.
(F) "PARTY" means any city which has entered into this
Agreement.
(G) "TECHNICAL WORK GROUP" is a committee consisting of one
staff member of each party which shall act as technical advisors to the
Advisory Committee and the Board and shall also serve as the party's
alternate commissioner.
4. Parties. The municipalities which are the original parties to this
Agreement are Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and
Savage. Additional Parties may be added by the concurrence of all the existing
parties. No change in governmental boundaries, structure, organizational status or
character shall affect the eligibility of any party listed above to be represented on the
Authority so long as such party continues to exist as a separate political subdivision.
5. Board of Commissioners.
(A) The governing body of the Authority shall be its Board which
will consist of seven (7) voting commissioners. Each party shall appoint one
commissioner, and one alternate commissioner who shall also serve on the
Technical Work Group. The cities-of commissioners from the cities of
Burnsville, Eagan, and Apple Valley shall additionally collectively appoint
one commissioner and one alternate. This commissioner and its alternate
shall be appointed by the three commissioners aforementioned and shall
henceforth be known as the "at large commissioner"and the "at large
alternate" respectively, and will be appointed annually at the Tanuary meeting
and will be limited to serving four consecutive one year terms. The Regional
Commissioners.
-2-DRAFT JOINT POWERS AGREEMENT, MVTA
(B) Commissioners shall be a member of the Council of each party
or its designee. The at large commissioner and alternate may or may not
be an elected official as to be determined by the commissioners from Apple
Valley, Burnsville and Eagan on an annual basis. Alternate commissioners,
with the exception of the at large alternate, shall each be a member of the staff
of a party and shall serve on the Technical Work Group. The terms of office
of commissioners shall be determined by each party.
(C) A commissioner may be removed by the party appointing the
commissioner with or without cause.
(D) Commissioners shall serve without compensation from the
Authority.
(E) At least five (5) of the members of the Board shall constitute a
quorum of the Board. Attendance by a quorum of the Board shall be
necessary for conducting a meeting of the Board. The Board may take action
at a meeting upon an affirmative vote of five (5) of the commissioners or a
commissioner's alternate in his or her absence.
(F) At the organization January meeting or as soon thereafter as it
may be reasonably done, the Board may adopt rules and regulations
governing its meetings.
(G) At the organization meeting of the-Board, and in January
meeting of each year thereafter, the Board shall elect a chairperson chair, a
vice chairperson chair, a secretary, a treasurer, and such other officers as it
deems necessary to conduct its business and affairs.
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to establish a
program pursuant to Minnesota Statutes §§473.384 and 473.388 to provide
public transit service to serve the geographic area of the parties. The
Authority shall have all powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve, operate,
maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment,
property, or property rights as deemed necessary to carry out the purposes of
the Authority.
-3-DRAFT JOINT POWERS AGREEMENT, MVTA
(C) The Authority may enter into such contracts to carry out the
purposes of the Authority.
(D) The Authority may establish bank accounts as the Board shall
from time to time determine.
(E) The Authority may employ an executive director whose duty
shall be to administer policies as established by the Authority. The executive
director shall be an employee of the Authority. The Authority may enter into
employment contracts with other personnel and may provide for
compensation, insurance, and other terms and conditions that it deems
necessary.
(F) The Authority may enter into a contract for management
services.
(G) The Authority may sue or be sued.
(H) The Authority shall cause to be made an annual audit of the
books and accounts of the Authority and shall make and file the report to its
Members at least once each year.
(I) The Authority shall maintain books, reports, and records of its
business and affairs which shall be available for and open to inspection
by the parties at all reasonable times.
(J) The Authority may contract to purchase services from any one
of the parties.
(K) Without the unanimous approval of the Board, the Authority
shall not purchase buses, motor vehicles, buildings, real estate or lease the
same for a period in excess of five (5) years.
7. Operating Costs, Budget, and Financial Liability.
(A) The Authority shall have a fiscal year beginning January 1 and
ending December 31. On or before July4 October 1 of each year,the Advisory
Beard Executive Director shall prepare an estimated budget for the next fiscal
year including an estimate of expenditures, operating costs, and revenues.
Capital expenditures and operating costs shall be limited to revenues received
pursuant to Minnesota Statutes §§473.384 and 473.388, and estimated
-4-DRAFT JOINT POWERS AGREEMENT, MVTA
revenues to be received from operation of the transit system. The Board shall
review and approve or disapprove the budget. The budget may be adjusted
from time to time on the basis of actual costs incurred or changes in estimated
revenue or expenditures. In the event of an adjustment of the budget, there
shall be furnished to each party a computation of the adjustment.
(B) The annual financial contribution to the Authority of each party
p rty
shall be the total amount of assistance which each party receives pursuant to
Minnesota Statutes §§473.384 and 473.388.
8.. Insurance. The Authority shall purchase insurance in such amounts
and on such terms as the Authority shall determine.
9. Duration of Agreement. This Agreement shall continue in force until
commencing on January 1, 1991 and as amended in March 1993, and thereafter from
year to year, subject to withdrawal by a party or termination by all parties.
Withdrawal by any party shall be effected by serving written notice upon the other
parties no later than January 10th of the year at the end of which such withdrawal is
to be effective. Withdrawal from the Agreement by any party at the end of the
calendar year shall not affect the obligation of any party to perform the Agreement
for or during the period that the Agreement is in effect. Withdrawal of any party or
termination of the Agreement by all parties shall not terminate or limit any liability,
contingent, asserted or unasserted, of any party arising out of that party's
participation in the Agreement.
10. Distribution of Assets. In the event of withdrawal of any party from
this Agreement, the withdrawing party shall not be reimbursed. In the event of
termination of this Agreement by all parties, all of the assets which remain after
payment of debts and obligations shall be distributed among the municipalities who
are parties to this Agreement immediately prior to its termination in accordance
with the following formula: Each municipality shall receive that percentage of
remaining assets determined by dividing the total amount of which that
municipality contributed to the Authority during the previous five (5) years by the
total amount contributed to the Authority over the previous five (5) years by all the
-5-DRAFT JOINT POWERS AGREEMENT, MVTA
(fd
municipalities who are parties to this Agreement immediately prior to its
termination. The amount of the distribution to any party pursuant to this
Agreement shall be reduced by any amounts owed by the party to the Authority.
11. Effective Date. This Agreement shall be in full force and effect when
all six (6) initial Members, delineated in paragraph 4 of this Agreement, sign this
agreement as amended March 1993. All Members need not sign the same copy. The
signed Agreement shall be filed with the City Administrator of the City of
Rosemount the Executive Director, who shall notify all Members in writing at the
earliest Board meeting of its effective date. and set a date and place for the Board's
first meeting. Pr4er to the effective date of this Agreement, any signatory may
rescind its approval. Until this Agreement, as amended, is signed by all Members,
the preceeding Agreement shall stay in tact and in effect.
IN WITNESS WHEREOF, the undersigned government units, by action of
their governing bodies, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statutes §471.59.
NOTARY OF EACH
Adopted this day of , 1993. SIGNATURE BELOW
CITY OF APPLE VALLEY
By .
Its: Notary Public
ATTEST:
By:
Its: Notary Public
-6-DRAFT JOINT POWERS AGREEMENT, MVTA
(fJ
Adopted this _ day of , 1993.
CITY OF BURNSVILLE
By :
Its: Notary Public
ATTEST:
By:
Its: Notary Public
Adopted this _ day of , 1993.
CITY OF EAGAN
By .
Its: Notary Public
ATTEST:
By:
Its: Notary Public
-7-DRAFT JOINT POWERS AGREEMENT, MVTA
Adopted this _ day of , 1993.
CITY OF PRIOR LAKE
By :
Its: Notary Public
ATTEST:
By:
Its: Notary Public
Adopted this day of , 1993.
CITY OF ROSEMOUNT
By .
Its: Notary Public
ATTEST:
By:
Its: Notary Public
-8-DRAFT JOINT POWERS AGREEMENT, MVTA
L4.1
Adopted this day of , 1993.
CITY OF SAVAGE
By • --------
Its: Notary Public
ATTEST:
By:
Its: Notary Public
-9-DRAFT JOINT POWERS AGREEMENT, MVTA
(f.
BY LAWS DYLAWS
OF
MINNESOTA VALLEY TRANSIT AUTHORITY
ARTICLE I.
NAME
The name of this organization is the Minnesota Valley Transit Authority.
ARTICLE II.
PURPOSE
The purpose of this Authority if to provide public transit service for the cities of
Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage.
ARTICLE III.
BOARD OF COMMISSIONERS
Section 1. The governing body of the Authority if its Board which consists
of seven (7) Commissioners. Terms o the Commissioners are set by the cities that
have appointed them.
ARTICLE IV.
MEETINGS.QUORUM.VOTE REQUIRED FOR ACTION OF THE BOARD
Section 1. The Board meeting schedule shall be determined by the Board
or, when necessary, as notified.
Section 2. All -members commissioners are expected to attend regular
meetings of the Authority. Membe s Commissioners shall contact the Executive
Director prior to the meeting if they are unable to attend, and shall notify the
alternate commissioner and request that the alternate attend. Three (3) Two (2)
consecutive absences by a Commissioner, er along with the absence of his or her-the
duly seated alternate from regular meetings shall result in written notification from
the Minnesota Valley Transit Authority Executive Director under the direction of
the chair to the represented party requesting a replacement be made. The party shall
-- - . ___ - - - - _ _ • - - - - -•-•-: - -- _ _ . The notification shall
be sent to the commissioner's respective city administrator/manager who will be
requested to bring the matter to his/her city council's attention. In the event that
the chair and the absentee member are one in the same, the vice chair will then give
direction to the Executive Director to carry out the process as mentioned above.
‘4. \
Section 3. In the absence of a Commissioner, the designated alternate for
the absent Commissioner shall act in the place of the Commissioner with all
authority of the absent Commissioner.
Section 4. Special meetings may be called by the-Chairperson Chair or any
two (2) Commissioners by written or telephone notice to each member of the Board
and office of the City Manager/Administrator of each member city. Twenty-four
(24) hour notice shall be given in advance of the meeting.
Section 5. Emergency meetings may be called by the Chairperson Chair or
Executive Director if the delay needed to call a special meeting would cause serious
harm to Minnesota Valley Transit Authority. Onlyh urgent matters needing
immediate attention without delay may be acted upon at an emergency meeting.
Section 6. Five (5) Board Commissioners shall constitute a quorum which
shall be necessary for conducting the business of the Board and exercising its powers.
Section 7. Action of the Board shall require the affirmative vote of five (5)
Commissioners.
Section 8. Meetings shall be conducted in accordance with the provisions
of Revised Robert's Rules of Order, Second Edition.
ARTICLE V.
COMMITTEES
The Board may establish standing aild and/or temporary committees. Committees
shall be comprised of commissioners only who may call upon staff or outside
assistance and advise as necessary yet only the commissioners may vote and endorse
final recommendations from these committees. Commissioners shall be appointed
to these committees annually and when necessary, and assignments shall be
reviewed at the February meeting.
-2-Draft Bylaws 3/93
ARTICLE VI.
OFFICERS
Section 1. Officers of the Authority shall consist of a Chairperson Chair. A
Vice Chairperson Chair, a Secretary, a Treasurer, and such other officers as the Board
deems necessary to conduct its business and affairs. Officers shall be elected in
January of each year for a term of one year and until their successors have been
elected and qualified. The Chair shall be limited to two consecutive one year terms.
Section 2. Chairperson Chair. The Chairperson Chair shall preside at all
meetings of the Board. The Chairperson Chair shall also appoint the member of
each standing or temporary committee from among the members of the Board and
may designate a Chairperson Chair of each such committee. The Chairperson Chair
shall sign and execute all contracts, agreements, deeds, and other documents and
instruments made by or on behalf of the Authority.
Section 3. Vice Chairperson Chair. In the absence of the Chairperson
Chair, the Vice Chairperson Chair may exercise all the duties and powers of the
Chairperson Chair.
Section 4, Secretary. The Secretary of the Authority shall maintain a record
of all of the proceedings of the Board, provided, however, the taking and
preparation of minutes may be preformed by a recording secretary. The Secretary
may attest to the signatures or signature of such officer or officers of the Authority
who may sign or execute any document of instrument on behalf of the Authority.
Section 5. Treasurer. The Executive Director shall be the official custodian
of all of the financial records of the Authority under the guidance or direction of the
Treasurer.
ARTICLE VII.
EXECUTIVE DIRECTOR
The Commissioner may employ an Executive Director who shall have general
supervisory authority over administration of all of the business and affairs of the
Authority including, but not limited to, administration of the transit system or
-3-Draft Bylaws 3/93
(
systems provided by the Authority, contracts for transportation service, marketing
and promotion of such services, as well as recommendations for changes and
additions to the transportation services provided. The Executive Director shall have
the care and custody of all funds of the Authority and shall deposit the same in the
name of the authority in such bank or banks as the Board may select. The Executive
Director shall perform such other duties and functions as may required from time to
time by the Board. Compensation of the Executive Director shall be established by
the Board. The Board may also employ other persons, from time to time, as
determined necessary for the efficient operation and delivery of transit service.
ARTICLE VIII.
DISBURSEMENT OF FUNDS
Section 1. Disbursement of funds shall be by an order drawn by the
Chairperson Chair and the Executive Director upon the Treasurer. Except when
issued for the payment of judgements, salaries, and wages previously fixed by the
Board or by statute, principal and interest on obligations, rent, and other fixed
charges, the exact amount of which has been previously determined by contract
authorized by the Board, and except as provided hereafter, no order shall be issued
until the claim to which it relates has been audited and allowed by the Board. Upon
allowance by the Board, a claim may be paid.
Section 2. When payment of a claim based upon contract can not cannot be
deferred until the next Board meeting without loss to the Authority through
forfeiture of discount privileges, or otherwise, it may be paid immediately if the
itemized is endorsed for payment by a least a majority of all members of the Board.
The claim shall be acted upon formally at the next Board meeting in the same
manner as if it had not been paid.
Section 3. Any officer or other agent or employee of the Authority who is
authorized, singly or in conjunction with another or others, to sign checks, drafts,
warrants, warrant checks, vouchers, or other orders on public funds on deposit in a
depository bank may authorize the bank to honor any such instrument bearing a
facsimile of that per-sons's person's signature and to charge the same to the account
upon which drawn as fully as though it bore his or her manually written signature.
-4-Draft Bylaws 3/93
Any one or more or all of the signatures upon any such instrument may be
facsimile as herein provided.
ARTICLE IX.
AMENDMENTS
These s Bylaws may be amended at any regular or special meeting of the
Board with the approval of five (5) Commissioners of the Board, provided a copy of
the proposed amendment has been furnished to each Commissioner of the Board at
least ten (10) days prior to the meeting subject to ratification of each party.
Motion to Adopt By laws Bylaws:
Motion Seconded By:
Ayes _____ Nays
ADOPTED as amended February 1993 by the Minnesota Valley Transit Authority
this day of , 1993.
MINNESOTA VALLEY TRANSIT AUTHORITY
BY:
Its Chair
ATTEST
Its Executive Director
-5-Draft Bylaws 3/93
53
Procedural Guidelines
Adopted by the Minnesota Valley Transit Authority
February 24,1993
1. As stated in the Joint Powers Agreement, Section 5 (E), "Attendance by a quorum of
the Board shall be necessary for conducting a meeting of the Board." Therefore, regularly
scheduled board meetings should not be held, even for discussion purposes, if a quorum is
not present. It is felt that business is being conducted at such meetings even if no action is
taken. During a meeting held for discussion purposes only, information is exchanged,
people may be influenced, ideas developed, committees established that may or may not
determine some direction of the Minnesota Valley Transit Authority without proper
representation from all parties. This is also in keeping with Robert's Rules of Order.
2. It will be assumed and assured that all Minnesota State, Local, Federal and other
pertinent laws, rules and regulations will be adhered to. State, Federal, local and any other
pertinent reports will be filed as required.
3. Staff will make every effort to accommodate the wishes of Board Members regarding
meeting times, changes and cancellations. The calendar of regularly scheduled Board
meetings will Ibe determined at the January meeting of every year and approved by the
Board.
4. It is the general consensus of the Technical Work Group that staff is responsive to
the needs, requests, questions, concerns, comments, recommendations, commendations of
the riders through daily contact, letters, a quarterly newsletter, postage paid customer
comment cards that are on all buses, rider liaison registration, surveys and occasionally
riding the bus, etc. Any and all contact made with customers is followed up with some
decisive action made by staff which is then relayed to the passenger(s) it concerns. If the
Board feels that there needs to be more passenger input beyond what is listed above, it is
recommended that a rider focus group be formed and led by a staff person.
Draft, MVTA February 1993
Agenda Information Memo
March 16, 1993 City Council Meeting
MASAC ALTERNATE MEMBER RECOMMENDATION
Q. Recommendation, Airport Relations Committee, MASAC Alternate Members--At its .
meeting of March 9, 1993,the Eagan Airport Relations Committee considered appointments
to the City's Metropolitan Aircraft Sound Abatement Council alternate seats. Currently,
Dustin Mirick, who serves on the Committee, is the City's regular MASAC member. Mr.
Mirick's appointment continues through February, 1994. In recent years, the City has also
appointed two alternate members to one year terms to represent the City in the event of
Mr. Mirick's absence. These positions have typically been filled by one resident and one
staff person. Lois Monson of the Airport Relations Committee and Acting Community
Development Director Hohenstein served as the MASAC alternate members in 1992. The
Committee is recommending that they be reappointed for one year terms to serve through
February of 1994.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation by the
Airport Relations Committee that Lois Monson and Jon Hohenstein be appointed as the
City's MASAC alternate members.
5"
Agenda Information Memo
March 16, 1993 City Council Meeting
SURPLUS PROPERTY/INFOTRON 32 MULTIPLEXORS
It Declare Surplus Property/Authorize Disposition,Infotron 32 Multiplexors--Enclosed on
Page 5 7 is a memorandum from MIS Coordinator Morast requesting authorization to
dispose of two Infotron 32 Multiplexors which were replaced by the upgrade to the
CSU/DSU HP Bridge connection to LOGIS. As noted in the memorandum, the
multiplexors have not been in use for over a year and are in storage at our data processing
center.
Staff is also recommending that the multiplexors be sold to Vaske Computer Solutions for
$850.00 each. Multiplexors are not widely used anymore and the market for them is limited.
ACTION TO BE CONSIDERED ON THIS ITEM: To declare the Infotron Multiplexors as
surplus property and authorize their sale to Vaske Computer Solutions for $850.00 each.
cc
MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY
FROM: MIS COORDINATOR MORAST
DATE: MARCH 11, 1993
SUBJECT: COUNCIL AUTHORIZATION FOR THE DECLARATION AND
DISPOSITION OF SURPLUS PROPERTY
In 1992, the City of Eagan upgraded its communication to our Data Processing Center,
LOGIS. At that time, we replaced our analog circuit and our two Infotron 32 Multiplexors
with a digital circuit and a DTC(Data communication Ports), a CSU/DSU (communication
device) and a Bridge (connection between CSU/DSU and DTC). This increased our
communication speed, our connection capacity, and our data quality and integrity.
The multiplexors are of little value to the City and have been out of use and stored at our
data processing center for over a year. They will serve us no purpose in the future.
They City has received a request to purchase the multiplexors for the amount of $850.00
each, from Vaske Computer Solutions. This is one of the vendors that the City purchases
used computer equipment from. It would appear that it would cost the City more to try to
sell these through the open bid procedure, i.e. advertising expense, staff time, etc., than what
the City could expect to receive in return.
MIS Coordinator Morast recommends that the followin g requests for Council consideration:
q
o The Eagan City Council declare the Infotron Multiplexors surplus property;
and,
o Staff be directed to contact Vaske Computer Solutions for the purpose of
disposition of multiplexors.
Agenda Information Memo
March 16, 1993, City Council Meeting
PUBLIC HEARINGS
A. Project 641, Wenzel Addition (Streets & U i 'es)--On Febru 16, the Council
received the feasibility report contained on pages C through ' 4 for the above-
referenced project and scheduled a public hearing to be held on March 16. All notices have
been published in the legal newspaper and sent to all potentially affected property owners.
In addition, it has been reviewed in detail with the developer and his representatives. A
representative of the consulting engineering firm of Bonestroo, Rosene, Anderlik &
Associates, Inc., will present the proposed improvements and staff will be available to
address any questions or concerns resulting from this public hearing presentation.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve
Project 641, Wenzel Addition (Streets & Utilities) and authorize the preparation of detailed
plans and specifications.
City of 2agan
Report for
Wenzel Addition
Street and
Utility Improvements
City Project No. 641
Eagan, Minnesota
January 1993
File No. 49533
Bonestroo
• Rosen.
Anderlik &
f Associates
Engineers Q Architects
Bt. Paul, Minnesota
S?
iiii Otto G.Bonestroo.P.E. Howard A.Sanford,P.E. Gary F.Rylander,P.E. Philip J.Caswell,P.E.
Bonestroo Robert W Rosene,PE* Keith A Gordon,P.E. Ismael Martinez,PE. Mark D Wallis PE.
Joseph C.Anderlik,P.E. Robert R.Pfefferle,PE. Michael P Rau,PE. Miles B.Jensen,PE.
Roselle Marvin L.Sorvala.PE. Richard W Foster,P.E. Agnes M.Ring.A.IC.P L.Phillip Gravel ill,P.E.
Richard E.Turner,PE. David 0.Loskota,PE. Thomas W Peterson.P.E. Karen L.Wiemeri,P.E.
EDEGlenn R.Cook,pi AnderIlk & Thomas E.Noyes,EPE. Jerry Robert Bourdon,PEA ameseR.Maland,PE. Keith R.Foster,pp,PE
Robert G.Schunicht.P.E. Mark A.Hanson,PE. Jerry D Pertzsch,PE. Shawn D.Gustafson,PE.
Associates Susan M.Eberlin,C.PA. Michael T Rautmann,PE. Kenneth P Anderson.PE. Cecilio Olivier.PE.
*Senior Consultant Ted K.Field.P.E. Mark R.Rolfs.P.E. Charles A.Erickson
Engineers & Thomas R.Anderson.A.I.A. Mark A.Seip,P.E. Leo M.Pawelsky
g Donald C.Burgardt.P.E. Gary W.Morien.P.E. Harlan M.Olson
Thomas E.Angus.P.E. Daniel J.Edgerton.P.E. James F.Engelhardt
January 29, 1993
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Wenzel Addition
Street & UtiIity Improvements
Project No. 641
Our File No. 49533
Dear Mayor and Council:
Attached is our report for the Wenzel Addition Street and Utility Improvements. The proposed
utility and street improvements are presented and discussed within the report along with detailed
cost estimates and a preliminary assessment roll.
We will be pleased to meet with the Council and other interested parties at a mutually convenient
time to discuss the report.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
4.
/7 \_____
Marl: A. Hanson
MAH:Ik
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of
the State of Minnesota.
• /�/ /
Mark A. Hanson
1 Date: February 1. 1993 Reg. No. 14260/A/W
Reviewed by: 1..., . _,, J -,�-
De artment of Public7'orks
Reviewed by: OlASAL .
Fi an Department
Date:/b F . ,'q (QO
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600
•
WENZEL ADDITION
STREET AND UTILITY IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 641
TABLE OF CONTENTS
Page
LETTER OF TRANSMITTAL 1
TABLE OF CONTENTS 2
SCOPE 3
FIGURE NO. 1 - LOCATION PLAN 4
FEASIBILITY AND RECOMMENDATION 5
DISCUSSION 5
A. SANITARY SEWER 5
B. WATER MAIN 5
C. SERVICES 6
D. STORM SEWER 7
E. STREETS 9
COST ESTIMATE 10
EASEMENTS AND PERMITS 10
AREA TO BE INCLUDED 11
ASSESSMENTS 11
REVENUE SOURCES 13
PROJECT SCHEDULE 14
APPENDIX A - PRELIMINARY COST ESTIMATE 15
APPENDIX B - PRELIMINARY ASSESSMENT ROLL 19
APPENDIX C - LATERAL STORM SEWER OVERSIZE ASSESSMENT 22
FIGURE NO. 2 - SANITARY SEWER LAYOUT
FIGURE NO. 3 - WATER MAIN LAYOUT
FIGURE NO. 4 - STORM SEWER LAYOUT
FIGURE NO. 5 - STREET LAYOUT
FIGURE NO. 6 - STREET LIGHT
4953 3.rpt 2
REPORT FOR
WENZEL ADDITION
STREET & UTILITY IMPROVEMENT
EAGAN, MINNESOTA
PROJECT NO. 641
SCOPE
Wenzel Addition is located on the north side of Co. Rd. No. 30 (Diff ley Road) east of
Thomas Lake Road as shown on Figure No. 1 located on the following page. The
subdivision provides for 31 single family units, 58 quadrominium units, and 35 townhouse
units.
The work proposed herein provides for the construction of sanitary sewer, water main,
storm sewer and streets to serve Wenzel Addition. The grading of the site including street,
lot, and pond grading will be completed by the developer. Presently, the City is grading the
bottom of Pond BP-4 (City Contract 93-03) to accomplish the recommended water quality
improvements.
49533.rpt 3
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+.y` n :.., 1..''...,u. : i ..„......,,„,,,f,..„..'^ I t �t,H�.•^-^ �, �.... /y/.f} .{' `-q•3^`k'.•cu•.�
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;:�a Co. Rd. 32
Cliff Rood
0 ,000 2000
Seel* in I s t
LOCATION PLAN it' Bonestroo
Rosene
ri Anderiik b
EAGAN, MINNESOTA FIGURE 1 Associates
PROJECT No. 641 • .
WENZEL ADDITION Ce 3
L:\49\49533\49533F02.DWG JANUARY 1993 COMM. 49533
FEASIBILITY & RECOMMENDATIONS
The project is feasible from an engineering standpoint and is in accordance with the
objectives established in the Eagan's Comprehensive Utility and Street Plans. The project
can best be carried out as one contract.
DISCUSSION
A. Sanitary Sewer
Sanitary sewer is proposed to be extended from four different locations to serve Wenzel
Addition. Two extensions are proposed from the existing sanitary sewer in Co. Rd. No. 30
where existing sanitary sewer service stubs were previously constructed when Co. Rd. No.
30 was reconstructed. Two extensions are also proposed along the east line of the plat as
shown on Figure No. 2 located at the back of this report. One extension will connect
directly to the existing 27" trunk sewer on the east line while the other connection will be
to an 8" lateral sanitary sewer located on the east line of Wenzel Addition constructed as
part of Deerwood Ponds. Sanitary sewers (8" diameter) will be extended into the plat to
properly serve the proposed development. It is assumed for purposes of this report Parcel
011-51 located to the west of Wenzel Addition will be served by the existing sanitary sewer
stub located north of Co. Rd. No. 30 at future Thomas Lake Road and by an 8" stub
located at the westerly end of the east-west public street.
B. Water Main
Water main is proposed to be constructed in Wenzel Addition as shown on Figure
No. 3. The proposed 8" and 6" diameter water mains serving the easterly portion of Wenzel
Addition will connect to the existing water distribution system at four different locations in
49533.rpt 5
(.0c-f
the intermediate pressure zone. One 8" diameter connection is proposed at Co. Rd. No.
30 while another 8" diameter connection is proposed at Deerwood School Addition. Two
6" diameter connections are proposed at Deerwood Ponds and Knob Hill of Eagan. It's
proposed the westerly portion of Wenzel Addition be served by one 8" connection from Co.
Rd. No. 30 and be located in the high pressure zone as shown on Figure No. 3. Homes in
the high pressure zone below elevation 953 will require individual pressure reducing valves.
Individual pressure reducing valves are recommended when static pressures exceed 85
pounds per square inch (psi) in accordance with Eagan's Water Supply and Distribution
Plan, dated 1988. The proposed grading plan implies all homes in the high pressure zone
will be between elevation 910 and 943. Therefore, all homes in the high pressure zone will
require individual pressure reducing valves. The high water level in the high pressure zone
and intermediate pressure zone is elevation 1150 and 1059 respectively. The static pressure
can easily be calculated for each home by subtracting the home elevation from the high
water level in its pressure zone and multiplying the difference times 0.433.
Example:
Home in high pressure zone (elevation = 1150)
Home elevation = 910
Difference = 1150 - 910 = 240
Static Pressure = 240 x 0.43 = 103.2 psi
C. Services
Sanitary sewer and water services in Wenzel Addition are proposed to be constructed
15' beyond the property line to the 31 single family homes. The sewer and water service
lines to the 58 quadrominium and 35 townhouse units are proposed to be constructed a
short distance from the main line dependent on each units location. Sewer service lines are
49533.rpt 6
proposed to be 4" diameter while water services lines are proposed to be 1" diameter to
each single family, quadrominium and townhouse unit.
D. Storm Sewer
Lateral storm sewer to serve Wenzel Addition is presented on Figure No. 4. The
lateral storm sewer system conveys all storm water in Wenzel Addition to Pond BP-4. Pond
BP-4 is an integral part in conveying storm water through the City of Eagan storm sewer
system. Approximately 3800 acres of Eagan ultimately drains through Pond BP-4. Storage
and water quality requirements for Pond BP-4 and Heine Pond (BP-5) located immediately
south of Co. Rd. 30, were analyzed as part of the review for Wenzel Addition. The result
of this review recommended improvements to the outlet structure serving Heine Pond and
regrading the bottom of Pond BP-4 to improve its water quality requirements. Pond BP-4
is one of a few ponds upstream from Blackhawk Lake which can provide treatment to
protect Blackhawk Lake. The improvements to the Heine Pond outlet structure include
reconstructing the outlet structure to prevent storm water from backing into Heine Pond.
The bottom of Pond BP-4 will be regraded to create three separate cells to improve nutrient
collection as storm water passes through Pond BP-4. Each of these improvements are being
constructed under Contract 93-03 supervised by the City of Eagan Water Resources
Coordinator. Specifics for Pond BP-4 resulting from the review are listed below:
Pond NWL HWL Storage Pond Outflow
Description (ac. ft.) (cfs)
Pond BP-4 874.2 886.5 70.4 20.5
Two of the four lateral storm sewer systems serving Wenzel Addition are proposed
to convey storm water to Pond BP-4 from beyond the Wenzel Addition. The northerly
49533.rpt 7
(.0
b.
storm sewer system from Pond BP-4 is proposed to convey storm water from approximately
10 acres of Deerwood School. The grading plan for Wenzel Additions proposes walkouts
for Lots 4,5, and 6 Block 4 in this area which are immediately downstream of the 10 acres
from Deerwood School. The walkout elevation of these homes are lower than the overland
drainage routes to Pond BP-4. Therefore, its recommended the storm sewer system serving
this area be designed for a 100 year event. The most northerly and westerly storm sewer
segment from Pond BP-4 is intended to ultimately drain the low point in Thomas Lake
Road when it's constructed. The drainage area tributary to the future low point in Thomas
Lake Road outside Wenzel Addition is approximately 7 acres. It's proposed the storm
sewer serving Thomas Lake Road low point be designed for a 25 year event storm.
The grading plan for Wenzel Addition greatly impacts the existing 42" trunk storm
sewer which drains the southerly portion of Eagan into Pond BP-4. The grading plan
proposes retaining walls and slopes in this area to eliminate filling into Pond BP-4.
However, due to the elevation of the 42" trunk storm sewer (42" invert = 868, Pond BP-4
NWL = 874.2), it's recommended the 42" trunk storm sewer be extended approximately 100'
to prevent filling over the pipe discharge. It's also recommended the existing 24" trunk
storm sewer serving as the outlet to Pond BP-4 be reconstructed to the NWL of Pond BP-4.
Presently, the outlet exists as a submerged outlet. However, due to the water quality
improvements being made in Pond BP-4 and the difficulty to maintain a submerged outlet,
it's recommended the outlet pipe be reconstructed.
The southerly storm sewer system serving Wenzel Addition connects to the existing
36" storm sewer serving to Co. Rd. No. 30 resulting in it being undersized. Therefore it's
proposed to remove a portion of the existing 36" storm sewer into Pond BP-4 and extend
49533.rpt (47 8
it as a 48". The existing 36" RCP storm sewer which is removed will be incorporated into
the storm sewer construction serving Wenzel Addition.
E. Street
Public street construction proposed herein is presented on Figure No. 5 and includes
the north-south and east-west street. The driveway/streets serving the quadrominium and
townhome units are private and will be constructed by the developer. The public street will
be constructed 32' wide in accordance with City Standards for a residential street except at
Co. Rd. No. 30. At Co. Rd. No. 30 it's proposed to widen the public street to 42' to
provide 3 traffic lanes (one lane north and two lanes south including right and left turn
lanes). It's also proposed to construct a left turn lane in the median of Co. Rd. No. 30 for
east bound traffic on Co. Rd. No. 30 wanting to turn left and proceed north into Wenzel
Addition. A right turn lane for west bound traffic on Co. Rd. No. 30 wanting to turn right
and proceed north into Wenzel Addition has been discussed. However, Eagan City staff
and the developer of Wenzel Addition are recommending to Dakota County the right turn
lane not be required.
In addition to the street improvements, two 8' wide bituminous trails are proposed
to be constructed north from the east-west public street to Deerwood School as shown on
Figure No. 5.
F. Street Lights
Street lights are proposed to be constructed by Dakota Electric. The street light
layout is presented on Figure No. 6.
49533.rpt 9
f n�
COST ESTIMATE
A detailed cost estimate is presented in Appendix A located at the back of this report
which is also summarized below. The total estimated project cost is $850,350 which includes
5% contingencies and 30% for indirect costs except street light. Indirect costs for street
ative engineering, interest, and
ted at 20%. Indirect costs include administrative, ,
lights are estimated � g $
lc . ' expenses.
A) Sanitary Sewer $169,780
B) Water Main 160,810
C) Services 111,050
D) Storm Sewer
a. Lateral 237,200
b. Trunk 6,830
E) Street 157,240
F) Street Lights 7,440
TOTAL ESTIMATED PROJECT COST $850,350
EASEMENTS/PERMITS
No permanent or temporary construction easements are required outside Wenzel
Addition. Permits are required from the MPCA, Minnesota Health Department, and
Dakota County Highway Department. It's assumed for purposes of this report, permits for
work in and adjacent to Pond BP-4 will be acquired by the City of Eagan or the developers
as part of their grading plan.
49:733.rpt 10
AREA TO BE INCLUDED:
SE'/< Section 21
Deerwood School Addition (Lot 1 Block 1)
Parcel 011-80 (Wenzel Addition)
SW '/4 Section 21
Parcel 011-51
ASSESSMENTS
Assessments are proposed to be levied against the benefitted property. All lateral
assessment costs will be revised based on final costs. It's assumed for purposes of this
report the financial obligations identified in the City of-Eagan staff report for Wenzel
Addition will be identified in the developers agreement. It's also assumed for purposes of
this report a '/2 lot equivalent will be assessed to each quadrominium and townhouse unit.
Single family will be assessed 1 lot equivalent.
A. Sanitary sewer
Sanitary sewer proposed herein is lateral. Therefore, all cost proposed herein are to
be assessed equally to each lot based on '/2 lot equivalent for quadrominium and townhouse
unit and 1 lot equivalent for single family.
B. Water main
Water main proposed herein is lateral. Therefore, all costs proposed herein are to
be assessed equally to each lot based on 1/2 lot equivalent for quadrominium and townhouse
and 1 lot equivalent for single family.
49533.rpt 11
TAP
C. Service
Service proposed herein is lateral. Therefore, all costs proposed herein are to be
assessed equally to each lot based on 1/2 lot equivalent for quadrominium and townhouse
and 1 lot equivalent for single family.
q g Y
D. Storm sewer
Lateral storm sewer proposed herein is sized not only to serve Wenzel Addition but
�o a portion of Deerwood School (Deerwood Addition) and the unplatted property to the
'∎•est of Wenzel Addition (Parcel 011-51). As a result it is proposed to assess these
properties a portion of the storm sewer cost. The assessment to these properties is based
on the cost to oversize the storm sewer in Wenzel Addition to convey their storm water to
Pond BP-4. Appendix C located at the back of this report presents the oversize storm sewer
cost proposed to be assessed to each property. The storm sewer assessment to Wenzel
Addition is determined by subtracting the oversize storm sewer cost for the abutting
property and dividing its cost equally to each lot based on 1/2 lot equivalent for
quadrominium and townhouse units and 1 lot equivalent for single family.
The cost to reconstruct the existing 24" storm sewer outlet from Pond BP-4 is trunk.
Therefore, it's not proposed to assess its cost to Wenzel Addition.
E. Street/Street Lights
Street and street lights proposed herein are local and are proposed to be assessed
entirely to Wenzel Addition. The cost to each Iot is based on '/2 lot equivalent for
quadrominium and townhouse unit and 1 lot equivalent for single family.
49533.rpt 12
REVENUE SOURCES
Revenue to cover the cost of this project are as follows:
Project Cost Revenue Balance
A. Sanitary Sewer
Lateral $169,780
Lateral Assessment $169,780
$169,780 $169,780 - 0 -
B. Water Main
Lateral $160,810
Lateral Assessment $160,810
$160,810 $160,810 - 0 -
C. Services
Lateral $111,050
Lateral Assessment $111,050
$111,050 $111,050 - 0 -
D. Storm Sewer
Lateral $237,200
Trunk 6,830
Lateral Assessment 237,200
$244,030 $237,200 - $6,830
E. Street/Street Lights
Lateral $164,680
Lateral Assessment 164,680
$164,680 $164,680 - 0 -
The project deficit for storm sewer will be financed by the trunk storm sewer fund.
49,33.x,1 13
PROJECT SCHEDULE
Present Feasibility Report February 16, 1993
Public Hearing March 16, 1993
Approve Plans and Specifications April 6, 1993
Open Bids/Award Contract May 4, 1993
Substantial Completion September 30, 1993
Complete Construction November, 1993
Assessment Hearing Spring, 1994
First Payment Due with Real Estate Taxes May, 1995
49533.1pt 14
13
APPENDIX A
PRELIMINARY COST ESTIMATE
WENZEL ADDITION
STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 641
A. SANITARY SEWER
5,330 Lin. Ft. 8" PVC, SDR 35 Sanitary Sewer, 0-14' dp @ $13.00/LF $ 69,290
370 Lin. Ft. 8" PVC, SDR 35 Sanitary Sewer, 14'-20' dp @ $18.00/LF 6,660
27 Each Std. 4' dia. MH w/cstg @ $950.00/EA 25,650
1 Each Connect 8" PVC to Ex. MH over 27" RCP @ $2,000.00/EA 2,000
70 Lin. Ft. MH depth greater than 8' dp @% $70.00/LF 4,900
3 Each Connect 8" PVC to Ex. MH (a% $500/EA 1,500
9.0 Lin. Ft. Outside Drop @ $100.00/LF 900
127 Each 8" x 4" wye in pl. @ $40.00/EA 5,080
1,000 Lin. Ft. Rock Stabilization below Pipe (a) $2.00/LF 2,000
6,100 Lin. Ft. Mech. Trench Comp @ $1.00/LF 6,100
10 Each Marker Sign w/post @ $30.00/EA 300
SUBTOTAL $124,380
+5% Contingencies 6,220
130,600
+30% Indirect Costs 39,180
TOTAL SANITARY SEWER $169,780
B. WATER MAIN
4,280 Lin. Ft. 8" DIP water main Ca'' $16.00/LF $ 68,480
920 Lin. Ft. 6" DIP Water Main @ $14.00/LF 12,880
6 Each 8" Resilient Wedge Gate Valve & Box @ $450.00/EA 2,700
4 Each 6" Resilient Wedge Gate Valve & Box @ $350.00/EA 1,400
11 Each Hydrant @' $1,200.00/EA 13,200
8,000 Lbs. Fittings @ $1.00/lb 8,000
2 Each Connect to Ex. 8" DIP @ $400.00/EA 800
2 Each Connect to Ex. 6" DIP ( $300.00/EA 600
1,000 Lin. Ft. Rock Stabilization below pipe @ $2.00/LF 2,000
7,750 Lin. Ft. Mech. Trench Comp (a $1.00/LF 7,750
SUBTOTAL $117,810
+5% Contingencies 5,890
123,700
+30% Indirect Costs 37,110
TOTAL WATER MAIN $160,810
49533.rnt 15 -74
C. SERVICES
3,800 Lin. Ft. 4" PVC, SDR 26 Sanitary Sewer @ $8.00/LF $ 30,400
110 Lin. Ft. 4" PVC, SDR 26 Riser @ $15.00/LF 1,650
LUMP SUM Televise Riser @ $800/LS 800
4,000 Lin. Ft. 1" Type K Copper Water Service @ $8.00/LF 32,000
127 Each 1" Corporation Stop (a) $30.00/EA 3,810
127 Each 1" Curb Stop (a) $70.00/EA 8,890
3,800 Lin. Ft. Mech. Trench Comp. ( ) $1.00/EA 3,800
SUBTOTAL $ 81,350
+5% Contingencies 4,070
85,420
+30% Indirect Costs 25,630
TOTAL SERVICES $111,050
49533.rpt 16 1
D. STORM SEWER
a) Lateral
300 Lin. Ft. 12" RCP, Cl. 5 @ $20.00/LF $ 6,000
990 Lin. Ft. 15" RCP, Cl. 5 @ $22.00/LF 21,780
270 Lin. Ft. 18" RCP, Cl. 5 @ $28.00/LF 7,560
460 Lin. Ft. 21" RCP, Cl. 5 @ $30.00/LF 13,800
750 Lin. Ft. 30" RCP, Cl. 5 @ $43.00/LF 32,250
520 Lin. Ft. 36" RCP, Cl. 5 @ $52.00/LF 27,040
150 Lin. Ft. 42" RCP, Cl. 5 @ $60.00/LF 9,000
100 Lin. Ft. 48" RCP, Cl. 5 @ $80.00/LF 8,000
19 Each Std. 4' dia. MH or CBMH w/cstg @ $950.00/EA 18,050
2 Each Std. 6' dia. MH w/cstg @ $1,600.00/EA 3,200
25 Each Std. CB w/cstg @ $800.00/EA 2,000
30 Lin. Ft. MH depth greater than 8' dp. @ $70.00/LF 2,100
1 Each 18" RCP Flared End Section @ $800.00/EA 800
1 Each 36" RCP Flared End Section @ $1,600.00/EA 1,600
1 Each 42" RCP Flared End Section @ $1,800.00/EA 1,800
1 Each 48" RCP Flared End Section @ $2,000.00/EA 2,000
80 Cu. Yd. Rip Rap @ $50.00/CY 4,000
1,000 Lin. Ft. Class B Bedding (a) $2.00/LF 2,000
3,540 Lin. Ft. Mech. Trench Comp. (a $1.00/LF 3,540
1,000 Lin. Ft. Silt Fence @ $1.00/LF 1,000
1.5 Acres Seeding w/3" topsoil, mulch and fertilizer @ $1,500/Ac. 2,250
1,500 Sq. Yd. Seeding w/wood fiber, blanket,
3" topsoil, mulch & fert. @ $2.00/SY 3,000
LUMP SUM Clearing & Grubbing @ $1,000/LS 1,000
SUBTOTAL $173,770
+5% Contingencies 8,690
182,460
+30% Indirect Costs 54,740
TOTAL LATERAL STORM SEWER $237,200
b) Trunk
250 Lin. Ft. Remove & relay existing 24" RCP @ $20.00/LF $5,000
SUBTOTAL $5,000
+5% Contingencies 250
5,250
+30% Indirect Costs 1,580
TOTAL TRUNK STORM SEWER $6,830
49533.rpt 17 1 (c,
E. STREET IMPROVEMENTS
400 Sq. Yd. Remove concrete curb/pavement @ $5.00/SY $ 2,000
400 Cu. Yd. Subgrade Correction @ $3.00/CY 1,200
200 Cu. Yd. Select granular borrow @ $8.00/CY 1,600
10,550 Sq. Yd. Subgrade Prep @ $0.60/SY 6,330
4,100 Ton Cl. 5, Agg. base, 100% crushed @ $7.00/ton 28,700
1,150 Ton 2331 Bit. base course @ $14.00/ton 16,100
580 Ton 2341 Bit wear course @ $16.00/ton 9,280
105 Ton Bit. material for mixture @ $120.00/ton .12,600
450 Gal. Bit. material for tack coat @ $1.60/gal. 720
1,620 Lin. Ft. B618 Conc. curb & gutter @ $5.50/LF 8,910
2,910 Lin. Ft. Surmountable conc. curb & gutter @ $5.00/LF 14,550
1,000 Lin. Ft. Reinforcing for conc. curb & gutter @ $0.50/LF 500
280 Sq. Yd. Bituminous Trail @ $15.00/SY 4,200
28 Each Structure Adjustments (a) $150.00/EA 4,200
25 Each Storm sewer inlet protection @ $50.00/EA 1,250
100 Cu. Yd. Topsoil borrow @ $8.00/CY 800
1.5 Acres Seed w/3" topsoil and fertilizer @ $1,500.00/Ac. 2,250
SUBTOTAL $115,190
+5% Contingencies 5,760
120,950
+30% Indirect Costs 36,290
TOTAL STORM SEWER $157,240
F. STREET LIGHTS
10 Each Street Lights @ $620.00/EA $6,200
+20% Indirect Costs 1,240
TOTAL STREET LIGHTS $7,440
49533.rpt 18 /1
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
WENZEL ADDITION
STREET & UTILITY IMPROVEMENTS
PROJECT NO 641
A. SANITARY SEWER
Parcel Description Density Lot Equivalent No. Cost/Unit Total
Per Unit Units Assessment
Block 1 Lots 1-34 M.F. (1) 0.5 17 $2,191 $ 37,242
Block 2 Lots 1-24 M.F. 0.5 12 2,191 26,289
Block 3 Lots 1-5 S.F. (2) 1.0 5 2,191 10,954
Block 4 Lots 1-9 S.F. 1.0 9 2,191 19,716
Block 5 Lots 1-17 S.F. 1.0 17 2,191 37,242
Block 6 Lots 1-35 M.F. 0.5 17.5 2,191 38,337
TOTAL 77.5 $169,780
B. WATER MAIN
Parcel Description Density Lot Equivalent No. Cost/Unit Total
Per Unit Units Assessment
Block 1 Lots 1-34 M.F. 0.5 17 $2,075 $ 35,274
Block 2 Lots 1-24 M.F. 0.5 12 2,075 24,900
Block 3 Lots 1-5 S.F. 1.0 5 2,075 10,375
Block 4 Lots 1-9 S.F. 1.0 9 2,075 18,675
Block 5 Lots 1-17 S.F. 1.0 17 2,075 35,274
Block 6 Lots 1-35 M.F. 0.5 17.5 2,075 36,312
TOTAL 77.5 $160,810
C. SERVICES
Parcel Description Density Lot Equivalent No. Cost/Unit Total
Per Unit Units Assessment
Block 1 Lots 1-34 M.F. 0.5 17 $1,433 $ 24,359
Block 2 Lots 1-24 M.F. 0.5 12 1,433 17,195
Block 3 Lots 1-5 S.F. 1.0 5 1,433 7,165
Block 4 Lots 1-9 S.F. 1.0 9 1,433 12,896
Block 5 Lots 1-17 S.F. 1.0 17 1,433 24,359
Block 6 Lots 1-35 M.F. 0.5 17.5 1,433 25,076
TOTAL 77.5 $111,050
49533.rpt 19 6
D. STORM SEWER (See Appendix C)
SE 1/4 Section 21
Deerwood School Addition Lot 1 Block 1 $21,640
SW 1/4 Section 21
Parcel 011-51 $20,510
Parcel Description Density Lot Equivalent No. Cost/Unit Total
Per Unit Units Assessment
Wenzel Addition
Block 1 Lots 1-34 M.F. 0.5 17 $2,517 $ 42,785
Block 2 Lots 1-24 M.F. 0.5 12 2,517 30,201
Block 3 Lots 1-5 S.F. 1.0 5 2,517 12,584
Block 4 Lots 1-9 S.F. 1.0 9 2,517 22,651
Block 5 Lots 1-17 S.F. 1.0 17 2,517 42,785
Block 6 Lots 1-35 M.F. 0.5 17.5 2,517 44,044
TOTAL 77.5 $195,050
E. STREET/STREET LIGHTS
Parcel Description Density Lot Equivalent No. Cost/Unit Total
Per Unit Units Assessment
Wenzel Addition
Block 1 Lots 1-34 M.F. 0.5 17 $2,125 $ 36,123
Block 2 Lots 1-24 M.F. 0.5 12 2,125 25,499
Block 3 Lots 1-5 S.F. 1.0 5 2,125 10,625
Block 4 Lots 1-9 S.F. 1.0 9 2,125 19,124
Block 5 Lots 1-17 S.F. 1.0 17 2,125 36,123
Block 6 Lots 1-35 M.F. 0.5 17.5 2,125 37,186
TOTAL 77.5 $164,680
(1) Multi Family
(2) Single Family
49533.rpt 20 7
APPENDIX B
SUMMARY
PRELIMINARY ASSESSMENT ROLL
WENZEL ADDITION
STREET & UTILITY IMPROVEMENTS
PROJECT NO 641
Cost/Unit
Parcel Sanitary Water Storm
Description Density Sewer Main Services Sewer Street Total
Block 1 Lots 1-34 M.F. (1) $1,096 $1,038 $717 $1,259 $1,062 $ 5,172
Block 2 Lots 1-24 M.F. 1,096 1,038 717 1,259 1,062 5,172
Block 3 Lots 1-5 S.F. (2) 2,191 2,075 1,433 2,517 2,125 10,341
Block 4 Lots 109 S.F. 2,191 2,075 1,433 2,517 2,125 10,341
Block 5 Lots 1-17 S.F. 2,191 2,075 1,433 2,517 2,125 10,341
Block 6 Lots 1-35 M.F. 1,096 1,038 717 1,259 1,062 5,172
SE '/4 SECTION 21
Deerwood School Addition
Lot 1 Block 1 $21,640
SW '/a SECTION 21
Parcel 011-51 $20,510
(1) Multi Family
(2) Single Family
49533.rpt 21 g 7�
APPENDIX C
LATERAL STORM SEWER OVERSIZE ASSESSMENT
WENZEL ADDITION
STREET & UTILITY IMPROVEMENTS
PROJECT NO 641
A. North Segment to Deerwood School (Deerwood School Addition)
60 Lin. Ft. 30" RCP in pl. @ $36.00/LF $ 2,160
260 Lin. Ft. 15" vs 36" RCP in pl. @ $30.00/LF 7,800
190 Lin. Ft. 21" vs 36" RCP in pl. @ $22.00/LF 4,180
30 Lin. Ft. 24" vs 42" RCP in pl. @ $30.00/LF 900
1 Each 24" vs 36" RCP apron in pl. @ $800.00/EA 800
Subtotal $15,840
+ 5% Contingencies 800
$16,640
+ 30% Indirect Costs 5,000
TOTAL $21,640
B. Northerly West Segment to Future Thomas Lake Road (Parcel 011-51)
200 Lin. Ft. 21" RCP in pl. @ $30.00/LF $ 6,000
260 Lin. Ft. 18" vs 21" RCP in pl. @ $2.00/LF 880
720 Lin. Ft. 24" vs 30" RCP in pl. (a? $10.00/LF 7,200
1 Each Std. MH w/cstg @ $950.00/EA 950
Subtotal $15,030
+ 5% Contingencies 750
$15,780
+ 30% Indirect Cots 4,730
TOTAL $20,510
C. Wenzel Addition
Wenzel Addition = $237,200 - $21,640 - $20,510 = $195,050
49533.rpt - 22
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SANITARY SEWER IMPROVEMENTS
Seale #r, Bonestroo
•
• Rosene
EAGAN, MINNESOTA FIGURE 2 Anderiik 3
PROJECT No. 641 Associates
WENZEL ADDITION " --
L:\49\49533\49533F04.DWG JAN. 1993 COMM. 495338
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WATER MAIN IMPROVEMENTS h, Bonestroo
Rosene
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EAGAN, MINNESOTA FIGURE 3 Associates
•
PROJECT No. 641
WENZEL ADDITION
L:\49\49533\49533F05.DWG JAN. 1993 COMM. 49533 g 3
1 DEE RWOOD ® KNOB 1 HILL 1
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STORM SEWER IMPROVEMENTS . In Jill Bonestroo
• Rosene
EAGAN, MINNESOTA FIGURE 4 Anderlik a
PROJECT No. 641 Associates
WENZEL ADDITION
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0 100 200
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STREET IMPROVEMENTS Seale in fest n Bonestroo
Rosene
1 m
' vi Anderlik 6
EAGAN, MINNESOTA FIGURE 5 Associates
PROJECT No. 641 .
WENZEL ADDITION
-
L:\49\49533\49533F07.DWG JAN. 1993 COMM. 49533
1 1 1 PONDS.. i 2 •
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EAGAN, MINNESOTA FIGURE 6 An:: et lik As
PROJECT No. 641
WENZEL ADDITION _ •
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L:\49\49533\49533F07.DWG JAN. 1993 COMM. 49533
Agenda Information Memo
March 16, 1993 City Council Meeting
MASUSINESS
ORDINANCE AMENDMENT/MOTORIZED GOLF CARTS
A. Ordinance Amending City Code Chapter 8, Entitled "Traffic Regulations" by Adding
Section 8.08 Regarding the Use of Motorized Golf Carts on Designated Streets by Persons
with Mobility Impairments; and by Adopting by Reference Eagan City Code Chapter 1 and
Section 8.99--Consideration of this ordinance was first addressed at the September 17, 1992
and October 8, 1992 City Council meetings. At that time it was continued indefinitely until
staff could thoroughly study the provisions of the ordinance and recommend to the City
Council a final version which would address the concerns which had been expressed by staff.
A committee of various staff representatives was assembled and that committee worked with
the City Attorney's office to arrive at the version which is now being presented to the
Council for its consideration. This ordinance has been reviewed by all City departments.
Basically, this ordinance would allow the use of golf carts of a certain size to travel on
designated streets within the City of Eagan in order to transport persons with mobility
impairments. State Statute already allows persons in wheelchairs and motorized wheelchairs
(which definition does include small motorized three-wheel vehicles) to travel on trails and
sidewalks within the City. However, because a golf cart has four wheels and is a larger
vehicle, it may not be driven on trails and sidewalks within the City of Eagan. Therefore,
State Statute allows cities to pass ordinances allowing the use of golf carts on streets with
certain restrictions. The development of this ordinance was requested by an Eagan resident
who wishes to use a golf cart to transport his son who has a mobility impairment to the
neighborhood park. Because golf carts are designed to travel on grass,the Park Department
has no objection to use of golf carts on grass in the parks for this limited type of use.
Enclosed on pages r1. through E / is a copy of the proposed ordinance. The Police
Department has developed a city roadway map on which roadways where motorized golf
cart use by persons with mobility impairment shall be prohibited. These are obviously the
larger and more well traveled roadways within the City of Eagan, including city, county, and
state roadways. Enclosed on page q.4 is a copy of a resolution approving that city roadway
map. The map itself is not attached to the Council packet;however, a copy will be available
at the City Council meeting if the City Council wishes to view it.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amending City Code Chapter 8 entitled "Traffic Regulations" by adding Section 8.08
regarding the use of motorized golf carts on designated streets by persons with mobility
impairments; and by adopting by reference Eagan City Code Chapter 1 and Section 8.99 and
to approve or deny a resolution approving a city roadway map designating roadways on
which motorized golf carts used by persons with mobility impairments shall be prohibited.
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER EIGHT ENTITLED "TRAFFIC REGULATIONS" BY ADDING SECTION
8.08 REGARDING USE OF MOTORIZED GOLF CARTS ON DESIGNATED STREETS BY
PERSONS WITH MOBILITY IMPAIRMENTS; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 8.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter is hereby amended by adding
Section 8 . 08, to read as follows:
Sec. 8. 08. Motorized Golf Cart Use by Persons with Mobility
Impairment.
Subd. 1. Motorized Golf Cart Use by Persons with
Mobility Impairment--Permit Required. Any person with
a mobility impairment or any person assisting a person
with a mobility impairment may operate a motorized golf
cart upon all streets within the City of Eagan, except
those expressly designated as prohibited streets by
resolution of the City Council. No person shall operate
a motorized golf cart under this Section without first
obtaining a permit therefor from the City. The fees for
a permit hereunder shall be established by the City
Council, by resolution, from time to time. Each permit
hereunder shall be issued for a period of one (1) year
from its date of. issuance.
A. Permit Application. An application for a
permit hereunder shall be filed with the City
Clerk upon an application form furnished by the
City. The application shall include, but not
limited to, the following:
•
1. The name and addresses of the following
persons:
a. The applicant signed thereto; and
b. The person with mobility impairment
for which the permit is sought if such
person is not the applicant.
2 . The make and model and any
identification number of the motorized
golf cart to be operated under the
permit;
9tS
3. A certificate of a medical doctor, duly
licensed to practice medicine in the
State of Minnesota, which certificate
shall state that the applicant, if such
applicant is a person with mobility
impairment, is able to safely operate a
motorized golf cart on the designated
street; and
4. Any other and further information as the
City deems necessary.
B. Granting or Denying Issuance of Permit.
The City Council may, as provided in this
Paragraph, grant or refuse to grant a permit
hereunder. The City Council may refuse to
grant a permit hereunder for any of the
following reasons:
1. The application is incomplete and
contains false, fraudulent or deceptive
statements.
2. The applicant has not complied with one
or more of the provisions hereunder.
3. The applicant has been convicted of a
violation under this Section.
No permit shall be issued hereunder until a
Certificate of Insurance, evidencing coverage
for liability in compliance with the
provisions of Minn. Stat. §65B.41 to §65B.71,
is filed with the City Clerk.
C. One Person Permit. No permit shall be
issued to more than one person; the permit
shall apply to the individual, not the
motorized golf cart.
D. Conditions of Permit. A permit granted by
the City Council hereunder shall be subject
to the following conditions and to such other
conditions as the Council may deem necessary
and expedient for the protection of health,
safety and general welfare of the City:
1. Operation by Permitholder Only. No
person other than the person to whom the
permit was issued shall operate a
motorized golf cart under this Section.
Any permitholder hereunder who is not a
person with a mobility impairment shall
not operate a motorized golf cart
hereunder unless the person with the
mobility impairment for whom the permit
was issued is present in the motorized
golf cart during operation thereof.
2. Possession of Permit. The
permitholder shall have in possession at
all times when operating the motorized
golf cart and shall produce on demand of
a peace officer a valid permit for
operation of the motorized golf cart.
3. Operation on Designated Streets. No
motorized golf cart shall be operated on
any street designated as a prohibited
street for such operation, unless it is
necessary to cross such prohibited
street because it intersects a permitted
street. Any permitholder crossing a
prohibited street that intersects a
permitted street must do so at the
marked intersection thereof.
4. Compliance with State Statute. The
permitholder shall comply with the
provisions of Minnesota Statutes,
S169. 045, governing the operation of
motorized golf cart permitted under city
ordinance.
5. Effective Liability Insurance. The
permitholder shall have liability
insurance coverage in compliance with
the provisions of Minnesota Statutes
§65B.41 to §658.71 in full force and
effect when operating the motorized golf
car under this Section.
6. Non-Transferability of Permit. Any
permit issued hereunder shall be
non-transferable except upon application
to and with the consent of the City
Council. An application for the transfer
shall be made as an application for
issuance of the initial permit and shall
conform in all respects with the
provisions of this Section governing the
filing of the original application. The
application for transfer is to
accompanied by a transfer fee as to be
determined by the City Council by
resolution.
�,D
•
7. Operation Prohibited Within Pedestrian
Walkways and Parks. No motorized golf
cart shall be operated upon any
sidewalk, trailway, path or other
pedestrian walkway within the City of
Eagan. No motorized golf cart shall be
operated at a speed in excess of 25
miles per hour.
E. Permit Renewal. A permit hereunder may
not be renewed unless an application for
permit renewal is filed in accordance with
the provisions of this Section governing the
filing of the original permit application.
F. Revocation of Permit. Any violation of
any provision of this Section, or any
conditions of the permit issued hereunder, or
any misdemeanor and petty misdemeanor
conviction of the permitholder under this
Section shall constitute grounds for
revocation of a permit issued hereunder.
Section 2 . Eagan City Code Chapter 1 entitled "General Provisions
andlDefinitions Applicable to the Entire City Code Including 'Penalty
for Violation'" and Section 8.99, 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:
(-;\, (
•
CITY OF EAGAN
RESOLUTION APPROVING CITY ROADWAY MAP DESIGNATING ROADWAYS ON WHICH
MOTORIZED GOLF CART USED BY PERSONS WITH MOBILITY IMPAIRMENT SHALL
BE PROHIBITED IN CONNECTION WITH ORDINANCE NO. 2ND SERIES
A regular meeting of the City Council of the City of Eagan,
Dakota County, Minnesota, was duly held at the Eagan Municipal Center
located at 3830 Pilot Knob Road, in said City on ►
1993, at 6:30 p.m.
WHEREAS, the City Council of the City of Eagan has duly adopted
Ordinance No. 2nd Series regarding the use of motorized golf
carts on designated streets by persons with mobility impairments.
WHEREAS, the Ordinance authorizes any person with a mobility
impairment, or any person assisting a person with mobility impairment
to operate a motorized golf cart upon any streets within the City of
Eagan except those expressly designated as prohibited streets by this
City Council Resolution.
WHEREAS, roadways within the City that are designated as roadways
on which the operation of a motorized golf cart is prohibited is
depicted in Exhibit A attached hereto and incorporated herein.
NOW. THEREFORE, be it resolved that the City of Eagan, Dakota
County, Minnesota, hereby approves the designation of prohibited
roadways for the operation of motorized golf cart as shown in Exhibit
A and hereby adopts such designation.
Dated: , 1993 .
CITY OF EAGAN
Thomas A. Egan, Mayor
ATTEST:
E. J. VanOverbeke, Clerk
Motion made by:
Seconded by:
Those in Favor:
Those against:
Agenda Information Memo
March 16, 1993 City Council Meeting
DISCUSSION/TASK FORCE
B. Discussion Regarding a Task Force to Include Fundraising and Other Tasks for
Recreation Facility Project—As a result of the approval of the CIP, including the recreation
facility project, it was a City Council directive that a special community-based task force be
created to work with the Project Coordinator and the Director of Parks & Recreation and
to begin and conclude a community-based campaign for raising the additional capital
necessary for a successful project. It is appropriate that this item be discussed at this City
Council meeting. The City Administrator will comment further on this item as part of the
Administrative Agenda on Monday. His comments will include various options for both the
creation of and the work to be done by this special task force.
ACTION TO BE CONSIDERED ON THIS ITEM: To give staff direction regarding the
creation of a special community-based task force related to the recreation facility project.
•
o
Agenda Information Memo
March 16, 1993 City Council Meeting
MIMEO
ORDINANCE/LICENSING OF CATS
A. Consideration of Drafting Ordinance Regarding Licensing of Cats--Staff has beef
directed to gather information regarding cat licensing for the City. Attached on pages ?..
through ql is a copy of information as collected by Administrative Assistant Witt
regarding file issue in other metro communities.
The City currently pays a daily impound fee of$730 for each animal boarded at Lakeside
Animal Hospital and collects $11.50 per day, if the animal is reclaimed by the owner. In
1992, the City paid $13,484.01 in impounding and euthanasia fees and collected $5,682.50
in charges. In addition, dog licensing fees amounted to $16,930. All licensing costs are
absorbed in the Finance Department and the animal control function is included in the
Police Department. Actual costs are not readily available but could be estimated. The City
also collects a $15 pick-up fee on animals that are claimed. Both the boarding fee and the
pick-up fee are included in the $5,682.50.
In considering a potential ordinance and related fee it would be appropriate to determine
an overall objective which may include one or any combination of the following:
1. Increase revenues to the City. Given the experience with dog licensing and the total
animal control function, expenses would probably exceed any additional revenues.
This would be especially dramatic if existing personnel is unable to handle the added
workload.
2. Allow for the return of more cats to the owners. This assumes that compliance
would be fairly high and the cats picked up are the ones that are licensed.
3. Health, safety and welfare would be enhanced. This again would be contingent on
compliance rates.
It is staffs understanding that there is a potential problem with cats wearing a collar and,
consequently,the license. In addition, there seems to be the potential for a surgical implant
of licensing information which would require equipment to monitor.
Upon direction of the City Council, staff would be happy to conduct any additional research
or draft any proposed ordinance changes. However, it was felt that more specific direction
should be given before that effort is undertaken.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the staff
regarding a cat licensing ordinance.
cr4
March 10, 1993
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT WITT
RE: CAT REGULATION
The issue has been raised regarding regulation of cats in
the community. 1992 figures show almost as many cats (154)
impounded as dogs (165) . While 130 dogs are returned to
their owners, only 24 cats are reunited with their owners.
This results in the City paying impound fees and, in many
cases, euthanisia fees . Animal Control Officer Kathleen
Gilbertson ' s report is attached.
Staff found similar trends in 1990. At that time other
metro area communities were surveyed as to whether they
licensed cats . Six of eight communities did not have cat
license requirements. Brooklyn Park has an annual license
with ordinance language the same as for dogs. Maple Grove
charges $2 for a two-year license, cats or dogs . Their
Police Dept coordinates the process, calculating that with
the low fee , they get more pets licensed. These same cities
were called in 1993 and nothing has changed. That report
is attached.
The League of Minnesota Cities supplied us with cat ordinances
from 18 cities . Four metro area cities ' ordinances were pro-
vided with only one requiring licensing. Twelve of the 15
greater Minnesota cities required licensing. Most of the
ordinances addressed running-at-large and the requirement
to have a rabies vaccination by a licensed vet .
Licensing usually involves cats over six months in age,
providing proof of rabies vaccination and wearing a license
tag on a collar . Two communities require proof of neutering
by a licensed vet before a license is issued. Most licenses
are issued annually because the vaccine is good for only
one year .
q `
CATS & DOGS - 1992
These are only impound numbers, not cats and dogs returned to
owners and not impounded.
Dogs 165 - Impounded
130 - Returned to owners
32 - Taken to MN Valley Humane Society
3 - Euthanized
Cats 154 - Impounded
24 - Returned to owners
118 - Taken to MN Valley Humane Society
12 - Euthanized
Goats 3 - Impounded
3 - Returned to owner
I 've known of five people in our city that became very ill from
cats. Two had to be hospitalized. A third had to receive
antibiotic shots every day for a week. One two-year old had picked
up toxoplasmosis, creating diarrhea for six months before a proper
diagnosis. This problem was traced to his sandbox and cat feces.
A woman picked up ringworm on her feet because cats came over the
fence (six foot) and onto her concrete patio around her pool.
People call about their gardens, their windows, sandboxes, garages,
bushes, and howling at night.
In late 1991 a woman called with a problem of 23 cats running on
her property. I trapped them out and she voluntarily paid the City
to euthanize them. They were all wild.
Cats are fast becoming the #1 household pet. Shouldn't their value
be equal to that of a dog.
If cats were licensed:
a. We could find the owners.
b. We'd know if they had a current rabies shot.
c. A lot fewer would die.
The average cat impounded costs the City $84 .00.
( $84 x 130 = $10, 920. )
67
CAT LICENSE SURVEY
1990 & 1993
Apple Valley Does not license cats. Does require a cattery
license for more than 3 cats.
[ Renews dog licenses every other year to coincide
with rabies vaccination expiration date. Tags are
different colors and dated ' 93- ' 94 and ' 94-' 95,etc. ]
Brooklyn Park Has a one-year license with $6 and $3 license fees.
Cat ordinance is folded into dog ordinance.
Burnsville No license requirements
Coon Rapids Registers cats, but does not license them. Pet
owners must provide proof of rabies vaccination
and they must have an identification tag attached
to cat ' s collar. There is no charge for registration.
Cats running at large are subject to impoundment with
the owner responsible for impoundment fees.
Eden Prairie No license requirements
Lakeville No license requirements
Maple Grove Owners pay $2 for a two-year license. Cats are
subject to same ordinance requirements as are dogs .
The Police Dept handles pet licensing and enforcement .
Plymouth No license requirements
Ct
police department
PATRICK J.GEAGAN
Chief of Police
KENNETH D.ASZMANN
_city of eagan Deputy Chief
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN, MINNESOTA 55122-1897 Mayor
PHONE:(612)681-4700
TD D:(612)454-8535
FAX: (612)681-4738 PATRICIA SHAWN HUNTER
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
March 15, 1993 Council Members
THOMAS HEDGES
City Admininstrator
TO: Rick Swanson, Administrative Lieutenant
EUGENE VAN OVERBEKE
FROM: Kathleen Gilbertson, Animal Control Officer City Clerk
SUBJECT: STRAY ANIMALS AND DISPOSITION
Under the Minnesota Animal Welfare Statute §35.71, Unclaimed and
Unredeemed Animals Impounded, Subd. 3, Stray Animals, Seizure,
Disposition -- all animals seized by public authority must be held
for redemption by the owner for at least five regular business days
of the impounding agency or for a longer time specified by
municipal ordinance. -
Some cats are picked up on a Monday or Tuesday and therefore must
remain in the kennel through the weekend. In keeping the cats five
kennel days, they are not removed until the sixth calendar day.
Approximate costs of cats impounded - 1992 :
Cats: 154 impounded
24 returned to owners
118 taken to MN Valley Humane Society or Last Hope
12 euthanized
Cost per cat:
Cost per kennel day $ 7. 00
Cost per euthanasia $ 7. 00
Cost to agency (Last $15. 00
Hope, Humane Society)
Cost per cat for impound and Humane Society:
6 (kennel days) x $7 . 00 = $42 . 00
$15. 00 Humane Society = $15. 00
Total = $57. 00 per cat
$57 . 00 x 118 cats impounded = $6, 726. 00
$ 7 . 00 x 12 euthanized = $ 84. 00
$30. 00 medication = $ 30. 00
Total = $6, 840. 00
THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
7
Stray Animals
Page 2
The last report was figured on our charge of kennel fees to the
public of $11. 50 per kennel day. The cost to the city for
unclaimed cats is approximately $6, 840. 00 not the $10,920.00 figure
as stated in my previous report.
Kathleen Gilbertson
KG:kg
Agenda Information Memo
March 16, 1993 City Council Meeting
ORDIN• CE/PARKING REGULATIONS
B. Ordinance Amending City Code Chapter 9,Entitled"Parking Regulations"by Amending
Section 9.12 Regarding the Impoundment of Motor Vehicles Involved in Alcohol/Drug- -
Related Driving Offenses and Release Procedures;and by Adopting by Reference City Code
Chapter 1 and Section 9.99--The City of Eagan is required by State Statute to have in place
an ordinance regarding the impoundment of vehicles involved in DWI offenses. The
proposed ordinance would amend Sectio 9.12 of the City Code to bring it into compliance
with State Statute. Enclosed on pages through Wis a copy of the proposed ordinance
for Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amending City Code Chapter 9, entitled "Parking Regulations" by amending Section 9.12
regarding the impoundment of motor vehicles involved in alcohol/drug-related driving
offenses and release procedures; and by adopting by reference City Code Chapter 1 and
Section 9.99.
8
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER NINE ENTITLED "PARKING REGULATIONS" BY AMENDING SECTION
9. 12 REGARDING THE IMPOUNDMENT OF MOTOR VEHICLES INVOLVED IN
ALCOHOL/DRUG-RELATED DRIVING OFFENSEC AND RELEASE PROCEDURES; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Nine is hereby amended by changing
9. 12 , to read as follows:
Sec. 9. 12 . IMPOUNDING AND REMOVING VEHICLES. .
Subd. 1. Vehicles in Violation of Parking Regulations.
When any police officer finds a vehicle standing upon a
street or City-owned parking lot in violation of any parking
regulation, such officer is hereby authorized to require the
driver or other person in charge of such vehicle to remove
the same to a position in compliance with this Chapter. When
any police officer finds a vehicle unattended upon any
or City-owned parking in violation of any parking
street P g
Y
regulation or driven by an individual arrested for violation
of Minnesota Statute 6169. 121, or 6169. 129, such officer is
hereby authorized to impound such vehicle
and to provide for the removal thereof and to rcmovc the
-lama- to a convenient garage or other facility or place of
safety-_
•
Subd. 2 . Release of Impounded Vehicles. Any motor
vehicle impounded under this Section shall only be released
from impoundment:
(1) To the registered owner, or person
authorized by the registered owner. a lienholder
of record, or a person who has purchased the
vehicle from the registered owner, who provides
proof of ownership of the vehicle, proof of valid
Minnesota driving privileges, and proof of
insurance required by law to cover the vehicle:
(2) If the vehicle is subiect to a rental or
lease agreement, to a renter or lessee with valid
Minnesota driving privileges who provides a copy_
of the rental or lease agreement and proof of
insurance required by law to cover the vehicle; or
(3) To an agent of a towing company_
authorized by the reg_ stered owner. renter or
lessee if the owner provides proof of ownership of
or the renter or lessee provides a copy of the
rental or lease agreement for the vehicle and
proof of insurance required by law to cover the
vehicle: and
(4) Upon payment of providod, that if any
charge chall be placed against such vehicle for
cost of removal or storage, or both, by anyone
called upon to assist therewith'_ the oamc shall
otoragc or cafokeoping_
Subd. 3 . To Whom Information Provided. The proof of
ownership, valid driving privileges and insurance, and when
applicable, the copy of the rental or lease agreement shall
be provided to a licensed police officer at the Eaaan Police
Department or to an agent of the towing company acting on
behalf of the Eagan Police Department.,
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation' " and Section 9.99, 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:
( oc
Agenda Information Memo
March 16, 1993 City Council Meeting
WAIVER OF PLAT/DUPLEX LOT SPLIT/BUFFER HILLS
C. Waiver of Plat, Duplex Lot Split, Don Christenson, Located on Lot 6, Block 1, Buffer
Hills Addition in the Southwest Quarter of Section 15—An application has been received
of Don Christenson for a duplex lot split for his property located at the southeast corner of
the intersection of Crestridge Lane and Crestridge Court. These units are under
construction at the present time thereby permitting an accurate survey of their common lot
line. For additional information with respect to this item, please refer to the Comm pity
Development Department staff report which is enclosed on pages lO —through/O for
your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for
a duplex lot split for Don Christenson for Lot 6, Block 1, Buffer Hills as presented.
II
SUBJECT: WAIVER OF PLAT • DUPLEX LOT SPLIT
APPLICANT: DON CHRISTENSON
LOCATION: LOT 6, BLOCK 1, BUFFER HILLS
EXISTING ZONING: R-2 (DUPLEX)
DATE OF PUBLIC HEARING: MARCH 16, 1993
DATE OF REPORT: MARCH 8, 1993
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Waiver of
Plat to allow a duplex lot split for Lot 6, Block 1, Buffer Hills Addition.
COMMENTS: The applicant, Don Christenson, is requesting the duplex lot split to allow
individual ownership of each half of the duplex. The duplex meets, or exceeds all setback
and/or lot size requirements. Both take access from Crestridge Court. Separate utilities are
not available to the duplex. Only the proposed unit two, the southerly unit, has utilities
served to it.
If approved, this Waiver of Plat duplex lot split shall be subject to the following conditions:
1. Each unit shall be served by a separate utility services.
2. All applicable City Code requirements.
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DELMAR H. SCHWANZ
LAND SURVEYORS,INC.
Registered Under lows of The State of Minnesota 1
14750 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA 55068 612/423-1769 I
SURVEYOR'S CERTIFICATE
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Lot 6, Block 1, BUFFER HILLS d`ftR)4o: the recorded _
I hereby certify that his survey,plan,or report was ?�, flat ther4f Dakota County, MN.
prepared by me or under my direct supervision and *i ''•
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that I am a duly Registered Land Surveyor under = = cr;_. ,
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Dated 08-19-92 t'Y Minnesota Registration No.6625
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Agenda Information Memo
March 16, 1993 City Council Meeting
OGiSIATIVEMMERGOVERNMENTALAWAIRS UPDATE
DUAL TRACK AIRPORT PLANNING PROCESS LEGISLATION
A. Recommendation, Airport Relations Committee, Dual Track Planning Process
Legislation--On Monday, March 8, 1993, the City received a copy of the correspondence
which is enclosed on pages through regarding H.F.479 and S.F.472, legislation
which has been introduced to stop the dual track airport planning process. This legislation
arises out of a legislative auditor's report which challenges certain information in the
original airport adequacy study which was the justification for the dual track planning
process passed by the Legislature in 1989. While subsequent forecasts and data included
in the dual track information itself have corrected the inaccuracies noted in the auditor's
report, the issue has given rise to this legislation and has encouraged certain interests which
would be affected by a new airport's location to challenge the process in its entirety. The
SOAR organization comprises residents in Southern Dakota County and adjacent cities.
At its meeting on the morning of March 9, 1993, the Dakota County Board of
Commissioners passed a resolution supporting H.F.479 and S.F.472 and requesting that
efforts be made instead to mitigate noise at the current airport.
At its meeting of March 9, 1993, the Airport Relations Committee reviewed the SOAR
correspondence and concluded that despite any errors in the original adequacy study
documentation, it has been the City of Eagan's policy position in the past to support the
dual track process and reserve any judgement on the relative benefits and impacts of the
expansion and relocation option as that information becomes more complete. As a
consequence, the Committee recommended that the City Council oppose the SOAR
proposal and continue support for the dual track airport planning process. The Committee
indicated that it would be important for the Legislature to be aware if the City of Eagan
wishes to maintain that policy position due to the activities of residents in other parts of the
County to focus all additional impacts at the current airport site, most significantly affecting
residents of Mendota Heights, Eagan and Burnsville.
Staff will attempt to contact the City's County Commissioners to discuss this matter further
before Tuesday evening's meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
recommendation by the Eagan Airport Relations Committee to oppose the SOAR
resolution and House File 479 and Senate File 472 and continue support of the dual track
airport planning process.
C()1(
DREWRY• COMMUNICATIONS TEL:612-463-8006 Mar 0893 14 :07 No .006 P.02
SOAR
Stop Our Airport Relocation
P.O. Box 82.Rosemount,MN 55068
(612)891-9241
Gerry Drewry
24090 Northfield Blvd.
Hampton,MN 55031
(612)460-6755
•
March 8, 1993
To: Dakota County City Officials
Rom SOAR Board of Directors
Re: Resolution in support of Dual Track Process Repeal
On March 4, 1993,the SOAR Board of Directors unanimously passed the enclosed resolution
supporting passage of H.F. 479 and S.F. 472. These two bills are the only ones that have
been introduced at this time to repeal the Dual Track Process,although we understand that
additional bills will be forthcoming.
The SOAR Board also voted to distribute this resolution to all aft i officials with the intention
that similar resolutions be passed as soon as possible by all units of government. Our citi,.en
organization theDuxl
Track Process has been irreparably discredited by the
i r
Legislative bilicvcs gislative Auditors' findings. We reject further study of a relocation site and reject any
further involvement in aviation planning by the Metropolitan Council.
We are requesting a similar stance by our elected city and township officials and especially by
the County Commissioners. This resolution is on the agenda for the March 9 meeting of the
Dakota County Commissioners in Hastings. It is expected to be discussed at approximately 10
a.m.
The SOAR Board of Directors is requesting that your city send a representative to this meeting
or contact county commissioners before the meeting,urging their support of this effort to halt
the Dual Track Process, We are also requesting that this resolution be considered at the next
meeting of your City Council.
R=95 O(o
612 463 8006 03-08-93 02: 03PM P002 #28:
DREWRY• COMMUNICATIONS TEL :612-463-8006 Mar 08,93 14:07 No .006 P.03
1 Dual
A( process
SOAK Reao�ntton R dDecision h 4'1993
Passed by Unanimous Dow
WHEREAS,the Office of the Legislative Auditor's Report on Airport Planning determined that
the Metropolitan Council is responsible for generating seriously flawed data and analyses in its
I9RR Adequacy Study conducted by the Metropolitan Cbuncilt and
•
• WHEREAS,the 1989 Legislature passed the Dual Tack Legislation based upon the
Metropolitan Councll's significant overestimation of current and future ai
• substantially overestimated benefits of capacity enhancement nt at either MSP o or new airport,
inappropriate methods for determining airport adequacy,flawed analysis of future noise
problems around MSP,and erroneous analysis of trends In hubbing activity;and
WHEREAS,the Legislative Auditors and the Metropolitan Airports Commission concur that
the need for more runway capacity appears to be farther off in the future than originally
forecast; and
WHEREAS,the fundamental problems associated with the Metropolitan Council's role In the
Dual'track Process continue currently with a lack of accountability to any governing body,
failure to respond thoroughly and publicly to recommendations by the Legislative Auditcw,and
persistent use of erroneous data following release of the Report on Airport Planning; and
WHEREAS,the airline industry is concerned that continued collection of fees and taxes for
longterm airport improvement projects is financially destroying airlines in the near term;and
Wl ILREAS, the crucial issue of economic feasibility is currently under the jurisdiction of the
Metropolitan Council and remains as the major project of the Dual'NO Planning Process as
mandated by the 1989 Legislation;and
WHEREAS, the Board of Directors of SOAR have lost confidence in the Metropolitan
Council,Its appointed leadership and staff for the aforestated reasons and believe that the
public will discredit any major airport conclusions based upon past or future studies conducted
by the agency;
771EREFORE,be it resolved that the Directors of SOAR request that the 1993 Legislature
repeal the Dual Track Planning Process by passing H.F.479 and S.F.472,authorize the
Metropolitan Airports Commission to assume sole agency governance over the master plan
process determining the future of MSP by eliminating any governance over MSP operational
issues by the Metropolitan council,and reassure citizens that continuance of this unjustified
search for a new major airport site will be replaced with a process to establish a
comprehensive,statewide transportation plan that benefits all Minnesotans,
SOAR Secretary, Board Y oard of Directors
R=93'‘. 612 463 8006
03-08-93 02: 03PM P003 #28