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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 Pb 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. 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I Z • . . , • 4 I . . ... . i • . . ... t ! . . . a. . . .. ••■••14•• •• •.. •••••■•••■ . •• • . • • c - 1 ' • ••• XI . • ''''. . •• .. . • • . •. . r), • .. CI1 .1 1,i, I ' 1.1.,..s 4— — .....: ni 1 P.:. :.41 ul.. ..; 1 Isi . 5 7 ' n"— .... .,_ 41‹ r L i =t gr.., : . i i , - rn . i 2; : 3 i 1 I.'4; • : A .: , ..W.4.11•111■. — •; 3 1!7:111 "11 r'' s to • "; ' ' I ,- - L l 4 rt., g : OI el CC .. • 11 it I-g V g ti i • „ a j 7 i ---• I--; f .... • . , r 03 1 $ • .1 -... (.0 un CAA 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. • • i,a I ? , • # • I I -ei ": g i :11.... _ ! $ 11 ! a .a: • a _ = t :. l x! ::::pt s : a a s ! ii• 18 s i�a s • . '5� : I :� ' . e ; : I b : ;a. sc.;:. =: ava € I I I i • 1 a l a ' I 15' I a`: a it. 's ' I - 3 a_ is s { ;i t 's asa irj3t i Vi i I s i ;1 4 d i : n 11 1! 1 # t 3 • : • l 3 I ' r_ 1"1 4 111 !=.1.e.-;e 3s:.- •s : a • 1 d • • 3 d � • a• '41 41 '1" 5 i . f 14 i 211 i F ! 7 I • j '; a .1 1-: ": ;1 a sea . .• t i ; s - a s I 3- i s . F. 2 ' , _ 7 7. i t ia4s ' R - s : " a 1s a i a 1 3l I.§ ' ° " s Is s i • aas a s •. • a ; a • E ' • `; Is: 3 .i ! j a I I • a E fl i •d a It a ; si 2 A:a a31 3 a 3. a :s a aa:i• 21:41 k 3; ; I '. = as a a a I d ( -• • : I x r I EMS i t , i� ; : l I i ' 3o• `` ao :11/l• 3: id i it s a e xH eg :3 J a ` 'II: !a = 3 i UU !6a! dz ie - a c r. O a II!!! I _ g , H F a e :li ii = d. 5 L). i . , , ,.., , = ,_. _....„ . .�. 8 i hi I �a= I .. t „ s i I v to• Pi�3a�1: li!..1 • \z 0 \ :U w W ,I l I H O = i_.- W ►� i \ Q :Al -0 1111 W i- 0 •1 4 ..>7 .,. : '\ 1111 i• r' ~ ° '••i•w t td \ I s Z Iii 1, 4';r'\ `ZZ/ = 0 70 . o 31 41.x, \ I j\ ,/,.• 7 I 'i S �''• •c I ,. 4 \ .., • ' I IJ I. aal I K ,, 6,11 4.4,- • 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) If I if • -.. i f: li .w,, \ 1 i • •Obi 1 ‘ N . "s • 1 I I/11117/1estri � . IA 1 _ 0 �,, z awl •� a . I is ( 1 F" 1 '' = 4 • I t11) . ; En IIIIIIS oes IIIIIIN ! - ., IL -_ j• --. 11 g •• iii ! . � ' ' H t + . 0 it i I ■ t I i _ —® 1 H•:. . t •-, sl • 1t � . � I. I I II 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 rcp:�Y�'���•• .1�f.�: O Rood �...w..... ....- , '' --''' ' '% t VI. t! a lit. :Hi � y' r Lhir : PROJECT �r kyf • LOCATION Jy, � ' ` pniffle Road -°—° f r'". <' ,.,��y� .-'^v��'. 3.r....t �R .ti- •�.i. ,t V H. f 1 i At"i0` t t 4 1 of 3t,..',1..i.'.41.11.. � t' f ?.-_w•-,, . .,...',....;,.,....,:,7 4:.... .kv$,,,, ; ';.t....‘..'v::' .;-.f,"-"rri.... i Xr:71 i:::771.1 '''.41.4..i..5......F.-,'(i'awl r, 4 '*,. r•.. <. ,.•Z:--''1,..', },., r �'i'"--.;1 -•.&-i...".n .^-E --.t 7- 1: ��' W � � L.t ve } tr' .. .1X % ,....._ _ .'4, zi. rt.?. -,.. : p.t ■nr ;t rte `, .........,,.. _f..,....:„..... :„_,.......%J..: ,..,..„,,,,,,,.:4,,,,,:., -,:,:.4,-,i,,,,.-: ..„...,,,,' ,.,e t i,,tt 3 d•p,,,,,,.<.�,"C..,.u.••{...... '....F ,, ri.:>k� a°r�,IZA ax-i` __..._-� tr - .'. t 1, - i IR f f 1�•L.,,,..,„...4.-4-.--,:. :'.,-;_,,,•..s.0,.^•q'°` .�.■ +.y` n :.., 1..''...,u. : i ..„......,,„,,,f,..„..'^ I t �t,H�.•^-^ �, �.... /y/.f} .{' `-q•3^`k'.•cu•.� ;.r te . .. , ' , , ..---,,-('-'1 i ! „�r .. a'i 3. ;:�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 I®SEWER i •fiF E A 3OD ®\ KNOB �I- .. 1 1 �1� 1 6 \ 5 2 0 1 --------- # ' ----- PONDS ` _i.0 EAGAN CONDO # 761•=-— — — —� # Er. 2T SAN. SEWERt _ mr Lx. ?S . SEWER — I 11 #; — —•19; y I E17# ` r-- 21� 1-1 LJ L.7J'.r� >! --r...r { 2 30j --.-...3111 r r o ,T� }fir i" f 317` r` II • I SANITARY SEWER ,'` ' `°mac !f r S 7"..>... # _.! 171 F15€ ,r `� ,rtr� �r.� u�w� 1�� i (3233/11 I'1 , 1•' LI i r 1 III 0 I L ° 1 .16� $ i ## f 1 '�'Tr-r�`���^n�)' '� 3 i^ i i I Ll.... X /1,13 i ;" R 1 1� t -.7 jr.ti �'`{ 'J / 1 i I• I f 1 . — r-i 1 1 r'-1 .�v 1,1211 t/` # J,L+lei '\ ". ' i i - I 1 6 f 1 , 114 -ter'^ I11k i ? f 4 W r 1 to ei 11`1 /„,"`^�., ^��h� 4} ,tom^�\N� ® 11""1 i , ; / f \ I # 5: i 1131 1 .-.,, r 311 2/ii r i \ t:1 L= £ k t POND BP-4 '`-- ._ �`.-� t 1 ;I ` f 11'-1 # ... L I I:1 f 112# �,� € F L ' 1_ i ■ -.1 r' t ;.11! ® ` '- ..._. -,..,w•.... ?.- r •# 1 i ; . or); WE -- ''HEINE I °2. 1 °° , _... _ _ r----i 112`1 L s s' T i / r- ; 91 ` 8 : 1 71 I € 1 i f L...1 I.__.1 a--'` s..._.'' S :pR 1 - ,,,. _1 3a135F.� A o r-', , i •r--1,, 1 11---1 E5' t 1 } f i 1 i• 033.6 1 . . I t"'__ # i, .....,`^'7 r } F # III � -.s•g e �” # Cr f. ..�_.' ^I__�.-.._,,, .....�._..,... ..-• j E `" > .•e.. - # `^E 24 IY 1 ..,r...... ..—...- 8 1 ' 14:151 1 tt 2223. '.-. 1 F'-3 L 14.15- t # x•-12--W,..23• 1 , 5 30#31 1 1 1 1 7 ...., -..-1- S 3....i ,_..Z f M ..-. H -,i _ l T .....1 f I U 5 ) J ii ;" Z # M:- . _ 1 , 51 8 ( ' §"`;�f -1y21 r' 2913211,. �..� y..# 13:16 1 r1, 1 i I- _ .._�� € 2.1.24~ 1• >.W• f 3116 1 .�. `" .. f ' »�- 1 ..t^-•.t...,.1, !...— .—1 ,_.,.._..;-.1-.,-,-,1 2 ` «....y.....r-, ,...�...........,...1 tNQ s._I... ....f f �� .-...,,1 t'_' _"t t°_. '_- �' #ii . O 1 1 10;11 r ' 1. 18 19 1 L_1, 2 1 3 ) • y s # t•.• ~r -� Q, i 1 2 r f .; ..:, f 1 #�° 1D 11 0 1 r 28:27 # 1 ^---„ i 4 ,4 f •... ;..Fj Li_# - f 1 r 1 18 1 - # r • —..- �' 3...11 . 9:12:; • 1720,:, 1110- -1 4_: et; ; 9 2 i. i #.•_I -... > r7,,,1 11--1 J -- - 1 1 f t 1 PROPOSED F r r 1—i.3 i LL I 1..._f` '' 2_..� SANITARY SEWER 0 –, ' � ` –– 1 __`` -- 011-51 ILLIgM ---` ` PIPELINE i I --------- - - ---- r------- FUTURE THOMAS LAKE ROAD 1 =----____-_-__== -- __ __ '-� I • • . 0 100 200 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 ® > I : 1...3LI.. (W`'UU ® KNUb '1–TILL � I -- � Ex. DIP W.W_ PONDS 5 2 i OF �EACAN ICONDQ 7 . 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I t 1 : ,........k 3....-.., 1 \ ' .1... \ ■..... \ ....... I \ ...... s... \- ......s 011-51 s.. `---..... '"" -.... „_ s. -.... -.... . ---. --- I ---.s.■ 1#114-I.,/A M .....■ ..--"-- -..... PIPLI .s....,_ ....... -... • ..s TI. WE" •••-. I .----..... s. s.. s. . . ••44.-. s- -.... I I _________7.-...-.------ -,•-z._--.... •••-s- --s-s • ..... s.., .,... ... .,„- • .s-...., I --- .s'.".-..., • —--__________ --... ........•: 2 :......_____ FUTURE THOMAS LAKE ROAD -- . 0 100 200 igiMagill 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 • _— -- 1.1 1 EA °i#' 1+�1# D 76 i t ti 1 it _ ..j.—— .......� 1 ## C) i 1 9 1 r-1 3,—...-•X� i• ,,21� N I ,i L. L. 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L, , 9 12 • a — t q 25;28 1. o \`�\\ _`\\\\\ 011-51 - I \—\\ WILL IAMS \\\\ _ \\\\\\\_ PIpEL/NE '\\ — 1 \ --- _.... __ ........ .�...'S --.'•- I --=— --------- -- FUTURE THOMAS LAKE ROAD \ 1 0 100 200 STREET LIGHTING (BY OTHERS) Sods to+«t jJ Bonestroo Rosene vl EAGAN, MINNESOTA FIGURE 6 An:: et lik As PROJECT No. 641 WENZEL ADDITION _ • 7to 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. =n17771-77 ll.LL v YANK. _ DOODLE i z p -Ta �.\ +.... —"_ -a ( Co Rd 0,No 28 H .rtS /'Q / CENTRE r O'LEARY PARK s '; - R 7 \� -:, .* -' NE orocx.yikti �-y:c„ . 1 �= ON! CIR /.3) �• L�<.. DuCKW.•D ! oj /IVES ` .‘ i •F TRAIL I _a LANE II� B - !f, ' At. CK\•.!1 '�� . 1 • t� 4 .-.v-•�. 1(of cC c-T W), 'v /, cv .� H iLICKE- 9L CT. 0 1 i , 1 i ^ ¢ it C ��gE'G 1tC�� a t' L "4 ,I ENGLE KDLSTA. RNI CT g {,,'} YI' _ vE bf SEr'I! i-4� D i. SE-7,7`— - A , 4L� A lRE DEFT. I �• r,1j: Dr MAERK�• 14 COMM n'S T a ` _� qw Ed ✓ NMARK _ j CT v ? �� ARK T-AlL E +?a� ,rh r -- -- —' § , 1�• Certificate For: 13c° - `tz`1 A ' Don Christenson ' F Sheet 1 of 2 'v As Built Certificate 01-29-93 ik��ryi� � 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 '/. CRL';TF' It•('-,[ ( INF 04/,,,1, Da4.76$ ) Scale: 1 inch = 30 feet X NE->-r t v3 = Existing spot elev. ioo,cw o' 1, .:b^ 0 3J.o s,•5 0 tr,7- Q = Proposed elevation � I•,'' - 2O 2 �° I North Parcel °� F- j 7 . o , I R •,I Vi o r 36 O DcL • ' t..25 4'ar II Dg \ S k i ts i I � v , ''.. gF . I,— - � ,s Unit 1 � ICU I I I 4 N �m N . I • - — — I --?34._ ...Z. —/5.92 4, SqA 4 , f — -� — —Z l,' 1. III I l N ` •N ,(1 I 4 /� •. j � I I I 6 l• Proposed garage floor elev. 1 • M 1 —73-..s. Unit 2 Unit 1 8 g 1 5.I- i DK (,;), n I Unit 2 685--, / l� �_— 3` J s jo�`�I ��R{' Top of block elevation 4 4 Unit 1 9851.G �— ' a V Unit 2 884,b _ I a / South Parcel g ( "� Lowest level elevation owl fIN H, /c m 30 'UJ/C/7 f/ E/I2) I Unit 1 8 .r`='• i .__, _ / Unit 2 R8 S.b 4, "° C' J� 2'7,cc, 1 l i --33.5 �q I ' J ip- 99.�� t` o 58y. qF-S.9 E BM: Top nut of hydrant at northeast quadrant of intersection of <1 Crestridge Lane and Krestwood Description: `\\\�K:\,.v, '"'•' "e;;;, Lane. 886.48 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 ''• pAs6 Sb`�rin a to at' n of o s d building thereon. that I am a duly Registered Land Surveyor under = = cr;_. , 9 � g the laws of the State of Minnesota. i _ j ;711 1 �aL/7T/1 iy (;�-( Is • ^.0 s _ i J/ v o/ �! — 8t ' ..:(r4- t```. - Delmar H. Schwartz Dated 08-19-92 t'Y Minnesota Registration No.6625 Revised 08-24-92 , ., :t ;'�`� '� • 'ar; •\ I T • 1 �) _ Z1rrn clap_ i r D� �S { rn r-i 2 -I A t)2) 0_i ZI n '�` MI Z m= - u IL I -0 N ¢s_1 r-r 1 = r l MoD- I 1- _ N ci z,r map-P r- — �. r \ RECORL• PLAN 18011 .p.p D -i • 2 A X r CRESTRIDGE P' LANE _ coo ' D- U1 ' _ _ 1 . (0).. i HI === - .v=-1 - X zN C 33 3.J1' n Existing Service '' P �' _1 co 7,. f r-�1 y � � ,•'F < D c 1 �N .:�t•�• m _Lai i 'I \...L.....ell E._ ) . ie .v, ...5., 4 \ — \ I w „ 5A NITARY .r. -- E M/E R oN CY IF O `_ \ I / J c 171 0 \ ,,, rn cn MD 'A b ` a 'TIL Q7 . ,, g I \ '' 1 5 t Ise ,.,.\ -. •-.. , ‘i\ •\ o co :•...I :rrir-171 !� n ..... ,:\ \ X °\.o..r.% --...\' /' . m �: I r„ .. _ � 1 n m 03% Cl 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