02/02/1993 - City Council Regular ,
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
FEBRUARY 2, 1993
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
(7.
1 III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
IV. 6:55 - CONSENT AGENDA (PINK)
ao..2- A. PERSONNEL ITEMS
104- B. LICENSES, Plumbers
r./(a C. LICENSE, Temporary Beer/West Publishing Employee' s Club
(4. D. PROCLAMATION, Volunteers of America Week, March 7-14, 1993
;. ..2(E.
APPROVE Update of Standard Conditions of Plat Approval
,2e( F. PROJECT 624, Receive Report/Order Public Hearing (Dodd Road & 494) Signalization &
Intersection Capacity Improvements
.�G . RESIGNATION, Advisory Parks, Recreation, & Natural Resources Commission Member
t;
-II H. REQUEST for Authorization to Award Contract for Pond BP-4, Maintenance/Modification
I. FORESTRY Budget Transfers, Parks & Recreation Department, Oak Wilt Program
Q, J. CONTRACT 92-09, Approve Change Order #2 (Great Oaks & Woodlands North Addition -
Cp� Streets & Utilities)
,(^1,K. VACATE Utility Easement, Receive Petition/Order Public Hearing (Lots 5 & 6, Block 1,
`tJ and Lots 4 & 5, Block 3, St. Francis Woods 4th Addition
V. 7:00 - PUBLIC HEARINGS (SALMON)
VI. OLD BUSINESS (ORCHID)
1�4 A. EXCHANGE of Services, YMCA and City of Eagan
' e B. MnDOT Permit, Dart Transit Access Drive
"
VII. NEW BUSINESS (TAN)
40,j/A. RESOLUTION, Amendment to Tax Increment Financing District #2 (Northeast Eagan) Tax
Increment Financing Plan
10 B. CONDITIONAL USE PERMIT, Gerald Ohlund, to Allow a Veterinary Clinic in a CSC
It (Community Shopping Center) District on Lot 1, Block 1, Eagan Center 1st Addition,
Located Along the East Side of Lexington Avenue, South of Diffley Road in the NW 1/4
of Sec 26
,t\ C. LANDSCAPE ORDINANCE, City of Eagan, Ordinance Amendment to Chapter 11 of the City Code
Pertaining to Landscape Regulations
!iG` D. SHORELAND ORDINANCE, City of Eagan, Ordinance Amendment to Chapter 11 of the City Code
OO Pertaining to Shoreland Zoning Regulations (Request to Continue to February 16, 1993)
VIII. ADDITIONAL ITEMS (GOLD)
n'p A. PROJECT 617R, Discuss Collector Street Width (Cedar Grove Street Reconstruction)
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
P,tp 3 A. RESOLUTION, Dakota County Economic Development Partnership, 1993 Membership
R. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its
programs, services, activities, facilities and employment without regard to race, color,
creed, religion, national origin, sex, disability, age, marital status 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: JANUARY 29, 1993
SUBJECT: AGENDA INFORMATION FOR THE FEBRUARY 2, 1993 CITY COUNCIL
MEETING
P :: 'Pt : ± M >
After approval is given to the February 2, 1993 City Council agenda, special City Council
meeting minutes of January 12, 1993 and regular meeting minutes for the January 19, 1993
City Council meeting, the following items are in order for consideration.
At this time there are no items to be considered under Department Head Business.
Agenda Information Memo
February 2, 1993 City Council Meeting
There are eleven (11) 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. Seasonal Winter Maintenance Worker--Due to the unanticipated resignations of two
seasonal winter maintenance employees, it was necessary for City Administrator Hedges to
approve the hiring of Raymond K. Pachuta to immediately fill one of the vacancies.
ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Raymond K.
_ Pachuta as a seasonal winter maintenance employee.
Item 2. Resignation/Landscape Architect/Park Planner--The City has received a letter of
resignation from Stephen Sullivan, Landscape Architect/Park Planner. A copy of the letter
of resignation is enclosed on pages 3 through for the Council's information. As is
the regular procedure when any resignation is submitted, the City Administrator and
Director of Parks and Recreation have reviewed the position to determine whether there
should be a reorganization and/or a refilling of the position in the Parks Department. It
is their recommendation that the position be filled again as currently structured because of
the enormous amount of work load in developing parks and park equipment in the City of
Eagan.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from
Stephen Sullivan,Landscape Architect/Park Planner,and to authorize advertising and filling
the position.
• MEMORANDUM
TO: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARK PLANNER 'It
DATE: JANUARY 25, 1993
RE: LETTER OF RESIGNATION
As we have discussed, this is to inform you that effective January 25, I give notice of my
resignation to the City of Eagan. I am providing one month notice with my last day of
employment scheduled for February 19, 1993. I wish to receive vacation February 16-19.
As discussed with Holly Duffy, I will pay for insurance coverage during the period in
February in which I am no longer employed with the City of Eagan.
_ Having concluded the business portion of this memorandum I would like to share a
description of my future position and a short personal reference of my experience at Eagan.
I've been hired by the Dakota County Parks Department as their Parks
Development/Operation Manager. In short, I oversee the development of the Dakota County
Parks System and the maintenance division. I failed to mention that I am also responsible
for a hydroelectric dam on Lake Byllsby Regional Park. I hope fair notice has been provided
for those residing downstream that were will soon be a greenhorn operating the flood gates.
My experience at Eagan has been one comprised of sensational projects and more
importantly, relationships with talented people. Over the next few weeks I will be spreading
my heartfelt thanks to my fellow friends and co-workers. Specific to this memorandum I
would like to thank you, Ken, and the entire Parks and Recreation Department. Your
leadership provided me with keen direction and a strong example. You're leadership has
inspired and mentored me. Your confidence in me over these nine years has instilled me
with a stronger self perception. I always said, "You are the best idea man in the business."
Although commonly mentioned in jest, the statement is profoundly true. Your extraordinary
ability to generate and conceptualize ideas stimulated my creativity and has made me a
better Landscape Architect. Some of my best memories are when you and I would sit in
your office brainstorming over a particular item, eventually locking in to a strong concept
and having this concept evolve into a park design or facility. Eagan is filled with parks and
facilities authored by your ideas and creativity. I could go on and on. Thank you, Ken, for
making my time in Eagan a time of growth and benefit.
I would have preferred to leave at a time when things were slow but thinking back over the
past nine years, there has never been a slow period. Projects like the current Comprehensive
Park System Plan update, Lexington/Diffley athletic site, PSA 36E, ADA, Landscape Policy,
3
Tree Protection Policy, Blackhawk Park and the typical day to day tasks exemplify the
consistently high work load of the Parks Planner/Landscape Architect position and Parks and
Recreation Department. It is a comfort to know, as with changes of the past, that the
Department will rally as a unified team and take over in my absence.
It has truly been a joy to work and develop relationships with you, the Department, City
Staff, Commission and Council. My experience and relationships at Eagan have paved the -
path to this new challenge. For this I am indebted to all of you and offer my humble thanks.
SS:cm
cc: Tom Hedges, City Administrator
Holly Duffy, Assistant to City Administrator
Agenda Information Memo
February 2, 1993 City Council Meeting
Item 3. Letter of Resignation/Deputy Chief of Police--The City has received a letter of
resignation from Kenneth Aszmann, Deputy Chief of Police, stating his intention to retire
from the Eagan Police Department. A copy of the letter of resignation is enclosed on page
(p for the Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from
Ken Aszmann, Deputy Chief of Police.
`_
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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
TDD:(612)454-8535 PATRICIA AWADA
FAX:(612)681-4738 SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
January 26, 19 9 3 Council Memoers
THOMAS HEDGES
City Admininstrator
TO: PAT GEAGAN, CHIEF OF POLICE -
EUGENE VAN OVERBEKE
FROM: KEN ASZMANN, DEPUTY CHIEF City Clerk
SUBJECT: LETTER OF RESIGNATION
This letter is to inform you of my intention to retire from the
Eagan Police Department effective March 26, 1993 .
It is with mixed feelings that this decision has been made. I have
always been very proud to be a member of our department, not only
because of its fine reputation throughout the State, but because of
the quality of the members of this outstanding organization.
To name all the people I would like to thank for the support,
kindness and friendship shown to me and my family would take far
too long. However, I would like to express my sincere appreciation
to you, Mr. Hedges, the Mayor and Council Members who supported me
in my career and who afforded me the opportunity for promotion to
Sergeant, Captain and Deputy Chief. My career has been very
rewarding and each new position a real challenge which I thoroughly
enjoyed. I always felt very proud to be fortunate enough_ to be
promoted in the finest department in the State.
I know I will miss the daily contacts with many friends I have made
over the past 26 years and I am sure this will be the most
difficult part for me. However, I am very excited about the
opportunity to move onto the next phase of my life, at such a young
age. Donna and I are planning trips we've always wanted to take,
but never had the time.
Thank you for the opportunity to serve you and the City of Eagan.
Kenneth D. Aszmann
Deputy Chief
KDA: lb
THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
L9
Agenda Information Memo
February 2, 1993 City Council Meeting
Item 4. Letter of Resignation/Operations Lieutenant--The City has received a letter of
resignation from Jerry Meszaros, Operations Lieutenant, stating his intention to retire fro
the Eagan Police Department. A copy of the letter of resignation is enclosed on page
for the Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from
Jerry Meszaros, Operations Lieutenant.
n
police department
s PATRICK J.GEAGAN
Chief of Police
KENNETH D.ASZMANN
city of eagan
Deputy Chiet
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN, MINNESOTA 55122-1897 Mayor
PHONE: (612)681-4700
TDD:(612)454-8535
FAX:(612)681-4738 PATRICIA SHAWN HUNTER
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Admininstrotor
EUGENE VAN OVERBEKE
January 25, 19 9 3 City Clerk
TO: PAT GEAGAN, CHIEF OF POLICE
FROM: JERRY MESZAROS, OPERATIONS LIEUTENANT
SUBJECT: RETIREMENT
This letter is to inform you that I will be retiring from the Eagan
Police Department, as of Midnight on April 17, 1993 .
I would like you, Mr. Hedges and the City Council Members to know
how grateful I am for having the opportunity to work for what I
consider the best Police Department in the State. From the time I
became a supervisor, I have felt that the most important part of my
job was to train my surborindinates to take over my job. I feel
that I have been successful in that area, as I believe there are
several very qualified Sergeants to replace me.
I have thoroughly enjoyed my career, as a Police Officer, and have
been rewarded with promotions and benefits far beyond my
expectations. I hope I have fulfilled my obligations, in such a
manner, leaving a positive mark on our department.
J` rryMesza os
Operations Lieutenant
JM: lb
THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
Agenda Information Memo
February 2, 1993 City Council Meeting
Item 5. Reorganization/Police Administration--In conjunction with the retirement of the
Deputy Chief and Operations Lieutenant, a special City Council meeting scheduled for 5:00
p.m. on Tuesday, February 2, 1993, the Council will be considering a proposed reorganiza-
tion to police administration. If the proposed reorganization is recommended for approval
at that meeting,it would be appropriate to officially approve the reorganization at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed reorganization
in the Police Department administration and to authorize staff to proceed with the
reorganization.
Item 6. ADA Evaluation of Programs and Activities--As a part of the administrative
requirements of the Americans With Disabilities Act, the City of Eagan has conducted a self
evaluation of programs and activities at the City. Enclosed on pages (O through\' is
a copy of that self-evaluation for the Council's consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the self-evaluation of
- programs and activities as required by the Americans With Disabilities Act.
CITY OF EAGAN, MINNESOTA
AMERICANS WITH DISABILITIES ACT
SELF EVALUATION OF PROGRAMS AND PRACTICES
The Americans with Disabilities Act(ADA)extends federal civil rights protection in several
areas to people who are considered to have disabilities. Built upon a body of existing
legislation, particularly Section 504 of the Rehabilitation Act of 1973 and the Civil Rights
Act of 1964, the Act states its purpose as providing "a clear and comprehensive national
mandate for the elimination of discrimination against individuals with disabilities." The law
prohibits covered entities from excluding people from jobs, services, activities or benefits
based on disability.
INTRODUCTION TO THE ADA
The law is divided into five separate "titles." Title II is the title which mainly applies to the
City of Eagan. Title H prohibits state and local entities from discriminating against any
qualified individual with a disability in their programs, services and activities. Title I also
applies to the City of Eagan. Title I prohibits entities from discriminating against any
qualified individual with a disability in its employment procedures and practices. The City
of Eagan has formed an Americans with Disabilities Act Committee in order to examine
accessibility in all programs, activities and practices of the City of Eagan. The members of
that Committee are Deputy Chief Ken Aszmann of the Police Department, Superintendent
of Streets Arnold Erhart from Public Works,Assistant City Engineer Michael Foertsch from
Public Works/Engineering, Assistant Chief Building Official Steven Hanson who is
Supervisor of Building Maintenance, Superintendent of Recreation Dorothy Peterson from
the Parks & Recreation Department, Cable Coordinator Michael Reardon from the Cable
Television Division, Park Planner/Landscape Architect Steven Sullivan of the Parks &
Recreation Department, Administrative Assistant/Deputy Clerk Elizabeth Witt and
Assistant to the City Administrator/Personnel Director Holly Duffy.
SELF EVALUATION OF CITY OF EAGAN PROGRAMS & PRACTICES
Title II of the ADA requires that state and local governments conduct self evaluations of
their programs and practices to identify and correct any that do not meet the requirements
of Title II. This requirement applies only to programs and activities that were not subject
to Section 504 or were not included in a previous self evaluation. Members of the
Committee consulted with Laura Colbert, a City of Eagan resident with disabilities. The
Committee also authored press releases which were subsequently printed in the Eagan
ThisWeek Newspaper, the Eagan Sun Current and the City of Eagan Newsletter which is
distributed to all residences in the community. The press release solicited input from
persons with disabilities as to any suggestions they might have to make City of Eagan
programs and practices more accessible to persons with disabilities. There was no response
to these articles.
SECTION 504/HANDICAPPED ACCESSIBILITY STUDY
In October of 1984,the Eagan City Council officially approved the handicapped accessibility
study which was required by Section 504 of the Rehabilitation Act of 1973. Section 504
mandated that recipients of federal funds had to make programs and services accessible to
the handicapped. In general, the regulations required, and still require, governments to do
many of the same procedures that are required by the ADA. These included:
1. Provide notice of non-discrimination policies
2. Designate a responsible employee to oversee the compliance process
3. Adopt a grievance procedure
4. Conduct a structural and non-structural accessibility self evaluation by October
17, 1984, and
5. Prepare a transition plan for non-structural compliance by October 17, 1984.
As a result of these requirements, the City of Eagan at that time did complete a self
evaluation study and has continued since that date to strive to make any new programs or
practices in compliance with the requirements of Section 504. A copy of the handicapped
accessibility study from Section 504 is on file in the City Administrator's office.
The result of the original and continued self evaluations as required by Section 504 basically
means that programs and practices within the City of Eagan are in compliance not only with
Section 504 but with requirements of the ADA. However, staff and the ADA Committee
did again review practices and procedures at the City to determine if there were any new
practices or procedures which would result in discrimination according to the ADA.
EMPLOYMENT PRACTICES
1. Applications:
The City of Eagan's application for employment was evaluated and modified to conform
with Section 504 regulations during the self evaluation process. It has constantly been
updated since that time to conform to new legislation, including an update in December of
1991 to conform with the requirements of the Americans with Disabilities Act. If a person
with a visual impairment or a person with a reading disability wishes to apply for
employment at the City of Eagan, staff will read the application to that person and fill in
the application form as directed.
2. Recruiting/Advertising/Interviewing/Physical Examinations/Testing:
When these practices were evaluated under Section 504, no practices were found to
discriminate against persons with disabilities. All advertising is prepared in both visual and
audio form. All position opening notices are sent to numerous organizations who work with
persons with disabilities. Applicants are also informed that if they need reasonable
accommodation in order to participate in these practices, the City will provide such
reasonable accommodation.
PERSONNEL POLICY/PRACTICES
The City's personnel policy and practices were evaluated during the Section 504 evaluation.
At that time a non-discrimination statement was added to the personnel policy which has
since been expanded in revisions to the personnel policy both in 1987 and 1992.
COMMUNICATIONS
1. TDD:
The City has had in operation for a number of years a telephone device for the deaf(TDD).
As a part of the requirements of the ADA,the number of the City's TDD has been included
wherever the City lists its regular telephone number in print. In addition, a TDD was
installed on the City's 911 public safety emergency telephone system during February of
1992. Staff members have been provided training in the use of the TDD systems.
2. Printed Material Produced by the City of Eagan:
The City of Eagan regularly includes the following statements in printed material produced
by the City, as appropriate:
1. "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 person 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 aids."
2. "If you need this material in an alternative form, such as large print, Braille,
audiotape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan,
Minnesota, 55122 (612)681-4600, (TDD Phone: (612)454-8535)."
3. Training:
City of Eagan employees have received information in all-employee meetings and through
the use of the employee newsletter regarding both the Americans with Disabilities Act itself
and preferred procedures to follow when communicating with and serving persons with
disabilities at the City.
CITY SERVICES
City services were evaluated during the Section 504 evaluation. These services included
licenses and permits issued by the City, voter registration, issuance of Parks & Recreation
facility permits and recreation supplies and communications with City of Eagan staff
regarding City business. City of Eagan employees have been trained and are aware that
auxiliary aids will be furnished to persons with disabilities who require them.
RECREATION PROGRAMS
The City of Eagan offers a diverse variety of recreation programs through its Parks &
Recreation Department. The majority of these programs were reviewed under Section 504.
However, a number of new programs have been added since the Section 504 evaluation
which have subsequently been evaluated by staff in the Parks & Recreation Department.
The evaluation includes a listing of all written materials, tools, equipment and other aids
used by each new program as well as the programs themselves.
New programs evaluated include soccer,football, ice hockey,boot hockey, ice skating, snow
tubing, concerts/special events, fishing from docks, and hayrides.
The City does not limit participation in any programs by persons with disabilities. It is the
policy of the Parks & Recreation Department to relocate activities to alternate sites and/or
to provide auxiliary aids if requested by participants in Parks & Recreation programs if the
participants request such action in order to make the programs more accessible to persons
with disabilities. The Park Department also offers alternative transportation and food
service upon prenotification by participants with any special needs.
CONCLUSION
It has been the past practice, and it is the intent of the City of Eagan in the future, to make
its programs, practices and activities accessible to persons with disabilities. All practices,
policies and programs will be constantly evaluated to ensure that they are accessible. When
new programs, practices and policies are added at the City of Eagan, they will be evaluated
to ensure their accessibility to persons with disabilities. Staff at the City of Eagan has
received, and will continue to receive, ongoing training concerning interacting with persons
with disabilities. Communications will continue to be presented both to staff and to
residents at the City of Eagan as well as all other persons who participate in the City's
programs, practices and services that the City of Eagan is committed to making such
programs, practices and services accessible to persons with disabilities. The City welcomes
and will respond to suggestions and requests from persons with disabilities regarding making
any practices, programs and services more accessible to persons with disabilities.
Date: January 26. 1993
\ 3 .
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. AAA ABBOTT PLUMBING & HEATING INC.
2. A-1 ROOTMASTER INC.
3. BJ & MPLUMBING & HEATING
4. FARMINGTON PLUMBING & HEATING
5. GALAXY MECHANICAL CONTRACTOR, INC.
6. H & H PLUMBING
7. MARQUE PLUMBING INC.
8. NORTHLAND MECHANICAL CONTRACTORS, INC.
9. NOVA-FROST, INC.
10. PLUMBING SERVICES, INC.
11. RICHIE'S PLUMBING
12. SAUBER PLUMBING & HEATING CO.
13. TIM'S QUALITY PLUMBING INC.
14. WENZEL PLUMBING & HEATING INC.
15. WIDMER INC.
For approval at meeting of 2/2/93
Agenda Information Memo
February 2, 1993 City Council Meeting
PLUMBERS LICENSES
B. Licenses, Plumbers--The City Code requires that all plumbing contractors operatiny
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.
1
Agenda Information Memo
February 2, 1993 City Council Meeting
TEMPORARY BEER LICENSE/WEST PUBLISHING EMPLOYEES CLUB
C. License, Temporary Beer/West Publishing Employee's Club--West Publishing
Employee's Club has submitted an application for a non-intoxicating malt liquor license for
a social event which is planned for February 6, 1993 at the West Building, 610 Opperman
Drive. The Police Department has reviewed the application and has found no reason to
deny the application. A copy of the application is enclosed without page number for the
Council's information.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a non-intoxicating malt
liquor license for the West Publishing Employee's Club for a social event to be held on
February 6, 1993 at the West Building at 610 Opperman Drive.
VOLUNTEERS OF AMERICA WEEK PROCLAMATION
D. Proclamation,Volunteers of America Week, March 7 - 14, 1993--The City has received
a request from the Volunteers of America to proclaim March 7 - 14 Volunteers of America
Week in the City of Eagan. Enclosed on pages !1 througha0 are copies of the letter
of request, a list of Volunteers of America Minnesota 1992 - 1993 program services and a
copy of the proclamation.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of March 7 - 14,
1993 as Volunteers of America Week in the City of Eagan.
LE9
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VOLUNTEERS OF AMERICA
MINNESOTA
5905 Golden Valley Road • Minneapolis,MN 55422 • (612)546-3242
January 14, 1993
The Honorable Thomas Egan
Mayor of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor Egan:
The Volunteers of America has been serving others for 97 years. Volunteers of America Week,
March 7-14, commemorates the founding of our organization on March 8, 1896.
We are one of Minnesota's largest human service organizations. Year after year, more than
90% of every dollar we receive, we spend directly on program services...for the people we serve.
I am asking you to proclaim the week in our behalf. Your personal proclamation will be
encouraging to those who receive services in Eagan, or its nearby communities.
Through the years, Volunteers of America has demonstrated it is a dynamic organization
keeping pace with the everchanging world around it. Now more than ever, we recognize the
constant need for developing new and more creative ways in solving problems, meeting community
needs, and improving the overall quality of life for all members of our society. We must
continue forming partnerships, bridging the gap between human needs and the resources of the
public and private sector.
Something wonderful is happening in Minnesota, because of you! Your interest and support
makes a significant impact on the success of our organization. And, as you know, our success is
measured through the lives of those we touch.
Respectfully yours,
l�lYtF-a ` L'yt ,
ry"/
ames E. Hogie, Jr.
President
JEH/dc
Enclosures
P. S. Your proclamation, along with other proclamations and letters, will be duplicated and put
into booklet form. A booklet commemorating our 97th birthday will be placed in the
reception area of each of our programs and senior dining sites.
`EERS OF• _I
i ;/17 Volunteers of America
a ':moo - Minnesota
\P / 1992-1993
PROGRAM SERVICES
ADULT SERVICES PROGRAM offers board RESIDENTIAL CENTER is a pre-release and
and lodging homes for seniors, developmentally work-release correctional program for men.
disabled, mentally ill, and/or chemically Telephone: 721-6327
dependent adults. Telephone 1-495-3344
RESPITE CARE for families of children who
BAR-NONE RESIDENTIAL TREATMENT are handicapped with autism,autistic-like and/or
CENTER provides services to boys who are developmental disabilities. Telephone:546-3242
emotionally and/or behaviorally disturbed. SEMI-INDEPENDENT LIVING SERVICES
Telephone: 753-2500 provide learning opportunities for individuals
CHILDREN'S EMERGENCY SHELTER with special needs. Telephone: 1-495-3344
offers social and educational services in a SENIOR DINING PROGRAM serves hot noon
protective environment to children in crisis. meals at 45 community locations to anyone 60
Telephone: 753-2319 years of age or older. Telephone: 546-3242
CORRECTION GROUP HOMES offer a struc- SETTEVIG HOME is a home for developmen-
tured therapeutic home environment for teenagers tally disabled adults. Telephone: 1-495-3344
with a delinquent history. Telephone 546-3242 SETTEVIG TREATMENT CENTER FOR
FOSTER TREATMENT HOMES provide a CHILDREN WITH SPECIAL NEEDS
provides intensive treatment services for autistic,
supportive, directive environment for behavior- autistic-like and developmentally disabled
ally disturbed children and youth. Telephone: children. Telephone: 753-2500
546-3242
SHORT-TERM AFTERCARE prepares a child
HOME DELIVERED MEALS hot noon meals for a successful transition from treatment to
are delivered to shut-in seniors who are unable home and community. Telephone: 753-2500
to prepare their own meals. Telephone:546-3242
SPECIALIZED BEHAVIORAL PROGRAM
IN-HOAR FAMILY TREATMENT SER- for boys with severe behavioral problems re-
VICES strengthens a family's ability to function quiring secure supervision. Telephone: 753-2500
and to resolve problems. Telephone:546-3242 STEVENCROFT residential care offering life
PRINCETON HOME is a home for mentally coping skills training for developmentally
disabled adults. Telephone: 1-495-3344 disabled young adults. Telephone 644-2514
SUPPORTED LIVING SERVICES PRO-
REGIONAL CORRECTIONS CENTER is a GRAMS are provided for developmentally dis-
jail, workhouse and work-release program for abled adolescents and adults with special needs.
women. Telephone: 488-2073 Telephone: 1-495-3344
ig
r .
VOLUNTEERS OF AMERICA . . . was founded March 8, 1896
in New York City. Less than four months later services were begun in Minneapolis.
VOLUNTEERS OF AMERICA, a national Christian human service organization,
has a 97 year history of serving people in need; regardless of their race, color or
creed. It seeks to develop programs in areas where human needs are not being met
by existing services.
VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have
administrative and/or professional social work expertise, but who also have a
commitment to the Christian mission of the organization; the reaching and uplifting
of all people. Last year, in addition to 340 staff,more than 2100 persons volunteered
their talents to help enrich program services in Minnesota.
VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax
deductible donations.
VOLUNTEERS OF AMERICA meets all regulatory standards such as a certified
audit, annual report, and filings with the Charities Division of the Minnesota
Attorney General's Office.
BOARD OF DIRECTORS
Of Minnesota In Minnesota
Mark T. Flaten, Chair John S. MacArthur Mary E. Adams, Chair
James E. Hogie Jr, Pres William W. McDonald James E. Hogie Jr, Pres
Mary E. Adams W. Lyle Meyer Jack L. Dignum
Ronald E. Britz John T. Richter Robert E. Nolte Jr
Katie Erickson Erling W. Rockney Edward Settevig
Walter W. Faster William E. Sandvig Edward C. Spethmann
James W. Feil Clayton W. Strandlie
Gordon M. Haga Renee J. Tait
Peter L. Hauser Robert VanValkenburg
Barbara A. King Dr. Harm A. Weber
Ross E. Kramer
VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE
administrative, accounting, and development offices
are located at
5905 Golden Valley Road, Minneapolis, MN 55422-4490
(612) 546-3242
l
9
•
CITY OF EAGAN PROCLAMATION
VOLUNTEERS OF AMERICA WEEK
March 7-14, 1993
WHEREAS, the Volunteers of America, a Christian human service
organization, is celebrating its 97th year of service to the people of Minnesota and
the nation; it is therefore certainly appropriate for us, the City of Eagan to join
in the observance of this milestone with the commemoration of March 7-14, 1993 as
Volunteers of America Week; and,
WHEREAS, the Volunteers of America is making a valuable contribution by
providing these services to adults and the elderly: homes for mentally disabled,
mentally ill, chemically dependent and/or elderly adults; congregate dining for
seniors; home delivered meals for persons 60 years of age and over; semi-independent
living services and supported living services; housing complexes for families, the
handicapped, and the elderly; and long-term health care facilities; and,
WHEREAS, the Volunteers of America provides correctional services: a
pre-release and work-release correctional program serving men; and a women's jail,
workhouse and work-release correctional program; and,
WHEREAS, the Volunteers of America, through its dedicated staff and
volunteers and the many people who help support their work through financial
contributions make a significant impact on the lives of people in Eagan; and,
WHEREAS, the Volunteers of America is commemorating its founding in 1896
and urges others to join them in bridging the gap between human needs and the
resources of the public and private sector;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eagan, does hereby proclaim the week of March 7-14, 1993, as Volunteers of America
Week in Eagan; and,
BE IT FURTHER RESOLVED, that copies of this proclamation be transmitted
to the Volunteers of America as evidence of our esteem.
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 proclamation was duly passed and
adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a
regular meeting thereof assembled this 2nd day of February, 1993.
•
E. J. VanOverbeke, City Clerk
479.1C)
Agenda Information Memo
February 2, 1993, City Council Meeting
APPROVE UPDATE OF STANDARD CONDITIONS OF PLAT APPROVAL
E. Approve Update of Standard Conditions of Plat Approval--With the subdivision and
development of land, in addition to City Code requirements, there are typically several
standard conditions that routinely should be applied to development applications.
Subsequently, in 1987, a list of Standard Conditions of Plat Approval were formulated,
reviewed by the Planning Commission and, subsequently, adopted by City Council. This
allowed staff to refer to these common conditions by reference rather than having to
enumerate them individually with each development application.
These conditions were updated in 1990 to reflect code changes, new ordinances (water
quality dedication, etc.) and other minor modifications.
During the last 21/2 years, further minor modifications have been identified as being
beneficial in clarifying development responsibilities. Subsequently, enclosed on pagesc,7?-
through is a copy of the latest revisions. These revisions are the result of review by
- the departments of Community Development, Public Works, Parks & Recreation, Finance
and the City Attorney's Office. If adopted, they would become effective immediately and
apply to any development that has not yet received preliminary plat approval by Council
action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the modifications and adopt
the revised Standard Conditions of Plat Approval.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staff's report in accordance with the final plat dimensions and the
rates in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10' -foot drainage and utility easements
centered over all common lot lines, and
in addition, where necessary to accommodate existing
or proposed utilities for drainage ways within the plat, the development shall
dedicate easements of sufficient width and location as determined
necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of additional drainage, ponding, and utility easements in
addition to public street rights-of-way as required by the alignment, depth,
and storage capacity of all required public utilities and streets located
beyond the boundaries of this plat -
way as necessary to service or accommodate this development of
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by
the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by City storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets. drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City codes, engineering
standards, guidelines and policies,-prior to application for final plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all tempefacy dead-end public streets
shall have a cul-de-sac constructed in accordance with City engineering
standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of installation City certified compliance.
D. Public Improvements
1. If any public improvements are to be installed under a City contract, the
appropriate project must be approved by Council
action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits in the time frame required by the affected agency.- prior to
final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks,and Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication, in
ponding, or a combination thereof feq'„ 4s in
accordance with the criteria identified in the City's Water Quality
Management Plan , as recommended by the Advisory Parks. Recreation
and Natural Resource Commission and approved by Council action.
H. Other
1. All standard platting and subdivision, zoning conditions and other
ordinances affecting this development shall be adhered to unless
specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
LTS#5
STANDARD.CON
� 3
Agenda Information Memo
February 2, 1993, City Council Meeting
RECEIVE REPORT/ORDER PUBLIC HEARING (DODD ROAD & 494)
F. Project 624,Receive Report/Order Public Hearing(Dodd foad&494 &palization
& Intersection Capacity Improvements)--Enclosed on pages through ar.1 is a letter
from the Public Works Director to MnDOT which provides the background summary for
this proposed project. In proceeding with the design for these roadway and intersection
capacity improvements, a feasibility report has been prepared by SEH, Inc., which is being
forwarded to the City Council under separate cover without page number which provides
additional detailed information regarding the design, financing and schedule for this
improvement.
This report is being presented to the City Council for their consideration of scheduling a
public hearing to be held on March 2, 1993, to formally present and discuss these
improvements with interested parties. Because there are no assessments associated with this
project,there is no required mailing/notification process. However,staff will forward copies
of this report to all property owners who attended the informational meeting in December
of 1991 and those residential property owners on O'Neil Drive that may be affected by the
median closure of the O'Neil Drive/Dodd Road intersection turning movements.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 624 (Dodd Road & 494 - Signalization & Intersection Capacity Improvements) and
schedule a public hearing to be held on March 2, 1993.
•
(/
•
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_city of cagan
MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN
3630 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor
EAGAN, MINNESOTA 55122.1897 EAGAN, MINNESOTA 55122
PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA
FAX. (612;681-4612 FAX:(612)681.4360 PAMELA McCREA
TDD:(612)454-8535 TIM PAWLENTY
THEODORE WACHTER
December 14, 1992 . Council Members -
THOMAS HEDGES
City Admininstrator
EUGENE VAN OVERBEKE
MR ROBERT BROWN City Cierk
PLANNING ENGINEER
MNDOT METRO DIVISION
3485 HADLEY AVE N
OAKDALE MN 55109
Re: TH 149 (Dodd Road) & 1-494
Intersection/Capacity Improvements
City Project 624
Dear Bob: •
As you are aware, the City of Eagan has been progressing with detailed plan preparation,
through its consulting engineering firm of Short-Elliot-Hendrickson, Inc., for the roadway
and capacity improvements for eastbound 1-494 exit ramp onto southbound TH 149
(Dodd Road). With the pending submittal of these plans for formal process review and
approval by MnDOT, I felt it would be helpful to summarize the actions that have brought
us to this point.
In the Fall of 1988, the City of Eagan authorized SEH to prepare a traffic study to evaluate
the future traffic operations in the vicinity of TH 149 and 1-494. The study was needed in
order to address specific detailed concerns relating to developing the properties in the
area. The results of that study (dated January 10, 1989) identified this intersection as a
potential congestion "hot spot" based on traffic projections and anticipated development
trends. Various roadway concepts were reviewed including improvements to Dodd Road
(TH 149), additional 1-494 ramps, 1-494 interchange located somewhere east of TH 149
and various frontage road modifications. The extent of these various improvements were
estimated to be in the range of $13,000,000+. Very near the time frame of this analysis,
Northwest Airlines, Inc., was working with the State of Minnesota and the Metropolitan
Airports Commission in negotiating a package that would allow them to build their new
Airbus maintenance facility in Minnesota and continue with their corporate development
and expansion programs.
THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirm ive Action Employer
Page 2
While I am not aware of any money being earmarked for these transportation
improvements as a part of the "package" negotiated with NWA, Inc.,the City of Eagan did
create a tax increment financing (TIF) district to try and generate some dollars for local
participation in related improvements. It should be noted that the availability of these TIF
funds for use by the City of Eagan will expire in September of 1993.
The attached letter of March 29, 1990, from then MnDot Commissioner Leonard Levine
committed MnDOT's assistance in processing transportation improvements in
coordination with local communities such as Eagan.
Due to the length and uncertainty of the NWA, Inc., negotiating process, there wasn't'
much further activity or communication until the Fall of 1991 when the City of Eagan was
contacted by your senior transportation planner, Ruth Ann Sobnosky, informing Eagan
of many comments and complaints that MnDOT has received regarding increasing traffic
congestion at the interchange of 1-494 and TH 149 (Dodd Road). Enclosed is a letter
dated November 8, 1991, wherein the City agreed to host a meeting for MnDOT to review
these concerns with the affected businesses in the area. This meeting was held on
December 9, 1991, at Eagan City Hall.
During that meeting, you had indicated that there was a potential to address some of
these concerns if the City would agree to be the lead agency and request any
improvements through the Cooperative Construction Agreement program. On December
17, 1991, the City Council took formal action to request the initiation of this process with
MnDOT to facilitate MnDOT's ability to respond to those comments and concerns
regarding traffic congestion in a timely manner.
Due to the City's ability to finance its responsible share of any proposed roadway
improvements limited to the proceeds from the TIF, it is imperative that these
improvements be under contract prior to September 1993. This results in a very short
time frame to complete the plan, specification and agreement preparation, review and
approval processes. If we are not able to complete it within this time frame, MnDOT will
have to pursue any improvements without being able to rely on the City of Eagan for
financial participation or lead agency assistance.
During the initial preliminary review of the proposed improvements to TH 149, there has
been some discussion about the phasing of the closure of left-turn movement of
southbound TH 149 onto eastbound O'Neil Drive. The City of Eagan is not agreeable to
the closure of this intersection as a part of the first phase roadway and signalization
improvements. This position should be recognized early in the process so that there is
not an unnecessary delay in the plan review process.
r
Page 3
Your assistance in informing other MnDOT personnel of MnDOT's needs to address traffic
concerns, the City of Eagan's willingness to provide technical and financial assistance for
a limited time frame and the necessity to phase in the closure of TH 149 left-turn
movements to O'Neil Drive to a later date would be appreciated.
Recognizing your busy schedule and temporary staff reduction, please let me know if the
City of Eagan can provide any additional assistance in helping to make the proposed
improvements a reality.
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
TAC/jj
cc: Len Newquist, Short-Elliott-Hendrickson, Inc. (W/Enc.)
Mike Foertsch, Assistant City Engineer (W/Enc.)
Jon Hohenstein, Acting Director of Community Development (W/Enc.)
Enclosures: MnDot Letter Dated 3-29-90
Eagan Letter Dated 11-8-91
Agenda Information Memo
February 2, 1993 City Council Meeting
RESIGNATION/APRNRC CHAIR
G. Resignation,Advisory Parks, Recreation, & Natural Resources Commission Member--
Jack Johnson, Chairman of the Advisory Parks, Recreation and Natural Resources
Committee, has submitted his resignation effective immediately. Mr. Johnson is resigning
due to other commitments.
Because appointments to the APRNRC have been delayed in order to study the
commission's structure, no action other than accepting this resignation is necessary at this
time.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Advisory
Parks, Recreation, and Natural Resources Committee Chair Jack Johnson, effective
immediately.
Agenda Information Memo
February 2, 1993 City Council Meeting
CONTRACT FOR POND BP-4, MAINTENANCE MODIFICATION
H. Request for Authorization to 4,ward Contra ft for Pond BP-4,
Maintenance/Modification--Enclosed on pages jD through 3 is a memorandum from
Director of Parks and Recreation Vraa and Water Resources Coordinator Brasch regarding
the maintenance modification of Pond BP-4. Sealed bi4rregarding • project were opened
by the City on January 28, 1993. Enclosed on pages through is a copy of the bid
list and the recommendation regarding the awarding of the contract.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the awarding of the
contract for Pond BP-4 maintenance/modification.
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR
DEPARTMENT OF PARKS AND RECREATION
RICH BRASCH
WATER RESOURCES COORDINATOR
RE: REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR POND BP-4
MAINTENANCE/MODIFICATION.
DATE: JANUARY 21, 1993
Background
Pond BP-4 is located immediately north of both Heine Pond and
Diffley Road within the proposed Wenzel Addition development in the
SW 1/4 SE 1/4 Sec. 21 (Figure 1) . This 2.9 acre pond is designated
as a Class VII stormwater treatment basin in the City water quality
management plan. It also lies on the main trunk of one of two
major stormwater lines that discharge to Blackhawk Lake and are
responsible for much of the excessive nutrient loading to that
lake.
Pond BP-4 receives runoff from almost 3,900 acres of the City,
which constitutes almost 90% of the area draining to Blackhawk Lake
from this branch of the storm drainage system. Because of its
large size relative to other designated treatment basins and its
location on the main trunk of the system, modification of BP-4
represents a good opportunity to reduce nutrient loading to, and
help improve water quality in, Blackhawk Lake (see Figure 1) .
The developer of the Wenzel Addition, Wensmann Homes, Inc. , has
also shown a willingness to cooperate in a joint project with the
City which would both satisfy water quality treatment requirements
for the Wenzel Addition development and provide additional
protection to Blackhawk Lake.
5C)
Project Proposal
In cooperation with the developer, the City has evaluated several
options to determine how best to cost-effectively enhance the
pollutant removal efficiency of Pond BP-4. The most cost-effective
option is to create a 4-cell detention basin and wetland treatment
system in Pond BP-4 through a combination of excavation/deepening
of the pond and re-working of sediments within the pond to create
a series of berms (Figure 2) . Wensmann Homes, Inc. has agreed to
allow access to the site for the work as well as take
responsibility for the disposal of excavated material.
Total project costs are estimated at $40,000. The developer will
pay a cash dedication of approximately $19,300 which will be used
to cover costs of expanding the volume of the pond to satisfy the
water quality treatment obligations for the Wenzel Addition. The
remainder of the cost (estimated at $20,700) would be covered by
the City using the developer water quality dedication fund which is
specifically ear-marked for water quality improvement projects.
The City's water quality model indicates that if the proposed
modifications to BP-4 are made, phosphorus loadings to Blackhawk
Lake will decrease by about 80 pounds/year or by 8% of total
loading.
The Advisory Parks, Recreation, and Natural Resources Commission
reviewed this proposal in some detail at its January 1993 meeting
and passed a resolution supporting City efforts to pursue this
opportunity.
Project Administration and Timing
Given the nature of the work involved and that land use around the
pond will change dramatically during the next year, it is
imperative to complete the project this winter. The pond must be
de-watered and the exposed bottom allowed to freeze to allow
excavation, grading, and hauling equipment into the pond. Runoff
is also lowest at this time of year, so controlling inflow that
could flood the construction operation is easier. Access will
become more difficult in the future as lots are graded and houses
constructed. Finally, it makes sense to hire one contractor to
complete all of the desired work on the pond at the same time to
promote cost-efficiency and minimize oversight problems.
Several cooperative administrative arrangements between the
developer and the City were considered for the project. After
several false starts, it was decided that the City should implement
the project as a public improvement. Even though the City's share
project costs was expected to be less than the $25, 000 threshold
requiring solicitation of sealed bids, sealed bids were requested
from contractors interested in the work because total project costs
are expected to exceed $25, 000. The bid documents include standard
language that reserves the right of the City not to accept any
2
3l
bids.
Council Action Requested
Sealed bids will be submitted to the City no later than January 28,
1993 . Staff would like to review these bids with the City Council
and requests that the City Council authorize award of the contract
at its February 2 meeting. If Council authorization to award the
contract is received, we expect the selected contractor to begin
work on Monday, February 8.
3
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Otto G.Bonestroo,P.E. Howard A.Sanford,PE. Michael P Rau.P.E. Miles B.Jensen,PE.
dall Bonestroo Robert W Rosen,PE' Keith A.Gordon.P.E. Agnes M.Ring.A IC P L Phillip Gravel III.PE.
Joseph C.Anderlik,PE. Robert R.Pfefferle,P.E. Thomas W.Peterson.PE. Karen L.Wiemeri,PE.
Rosene Marvin L.Sorvala,PE. Richard W.Foster.PE Michael C.Lynch.PE Gary D.Kristofitz,PE
1111 Richard E Turner.PE David O.Loskota.P.E. James R.Maland.P.E. F.Todd Foster.PE.
: VI Anderlik & Glenn R.Cook.PE. Robert C.Russek,A,LA. Jerry D.Pertzsch,P.E Keith R Yapp,PE
Thomas E Noyes.PE. Jerry A.Bourdon.P.E. Kenneth P Anderson,PE. Shawn D.Gustafson.PE.
Robert G.Schunicht.PE Mark A.Hanson.PE. Mark R.Rolls,PE. Cecilio Olivier,PE.
Associates Susan M.Eberlin,CPA. Michael T.Rautmann,P.E. Mark A.Seip,PE Charles A Erickson
'Senior Consultant Ted K.Field,P.E. Gary W Morten.PE. Leo M Pawelsky
Thomas R.Anderson,A.I.A. Daniel J.Edgerton.PE. Harlan M Olson
Engineers & Architects . Donald C.Burgardt.PE Daryl K.Kirschenman,P.E. James F.Engelhardt
Thomas E.Angus.PE. Philip J Caswell,P.E.
Ismael Martinez.PE. Mark D Wallis.PE.
January 28, 1993
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Attn: Mr. Rich Brasch
Re: Pond BP-4 Excavation
City Contract 93-03
Our File No. 49530
Dear Rich,
Bids were received for the above project on Thursday, January 28, 1993. The low bid of the
8 bids submitted is from Veit & Co., Inc. with a total base bid of $23,691.00. The engineer's
estimate for the work is $40,000. Due to the nature of the work, the specifications hoped for
an early start date of February 8 assuming all permits and easements are in order. Although
Veit & Co., Inc. has not recently worked in Eagan, we have worked with them on many projects
in the west and north metro area for many years.
Therefore, it's our recommendation Contract 93-03 be awarded to Veit & Co., Inc. for $23,691
assuming all paper work is in order.
If you have any questions, please feel free to contact me at this office.
Yours very truly,
BON STR O, SENE, ANDERLIK & ASSOCIATES, INC.
v
Mar A. Hanson
MAH:li
cc: Mike Foertsch .
49530.cor
2335 West Highway 36 • St. Paul, Minnesota 551 3 • 612-6364600
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Agenda Information Memo
February 2, 1993 City Council Meeting
FORESTRY BUDGET TRANSFERS/OAK WILT PROGRAM
I. Forestry Budget Transfers, Parks and Recreation Department, Oak Wilt Program--At
a special City Council meeting workshop on Tuesday, November 10, 1992, the Council
discussed their growing concern over Oak Wilt disease in the City of Eagan. At that
meeting, the Council members inquired as to whether the existing City forestry budget could
be relied upon as a source of funding for an Oak Wilt disease program in the City of Eagan.
Enclosed on pages '..J°k through 4.2_1s a copy of a memo from Director of Parks and
Recreation Vraa and Superintendent of Parks VonDeLinde regarding the effect such a
source of funding would have on forestry operations as a whole in the City of Eagan. It is
the recommendation of Director of Parks and Recreation Vraa and Superintendent of Parks
VonDeLinde that funds to support an Oak Wilt suppression program not be transferred
from current funding in the forestry operations budget.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation that
funds to support an Oak Wilt suppression program not be transferred from current forestry
department but forestry operations budget.
•
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
JOHN VONDELINDE, SUPERINTENDENT OF PARKS
DATE: NOVEMBER 25, 1992
SUBJECT: FOLLOW UP TO CITY COUNCIL/APRNRC WORKSHOP
ON OAK WILT DISEASE
Background
As you will recall, on Tuesday November 10th,the City Council held a special workshop,in part,to address the
growing concern over Oak Wilt disease in the City of Eagan. At that meeting, staff presented information on
the nature and extent of the disease in the city and an outline of public policy alternatives for combatting Oak
Wilt disease through community education, public property management, and regulation/enforcement. There
was considerable discussion on the part of the Council as they reviewed ways to fund a five year comprehensive
oak wilt program with anticipated costs exceeding$700,000. Recognizing the current fiscal problems that face
the city,the Council members specifically inquired as to whether the existing city forestry budget could be relied
upon as a source of funding for the program, if even on a proportionately smaller scale.
The purpose of this memorandum is to briefly discuss potential sources of funds within the proposed 1993
Forestry operating budget and the corresponding impacts that utilizing those dollars would have on existing
departmental operations. For your convenience, this information is summarized below in tabular form.
Account Description Amount Shift To Impact to
# Forestry Operations
4130 Wages-Temporary $15,000 Oak wilt inspections 75% reduction in tree trimming,
fertilization, irrigation, mulching
and other maintenance practices
4350 General printing $ 2,500 Oak wilt education Discontinuance of public
materials education pamphlets and
brochures on landscaping, tree
planting and maintenance, and
Arbor Day programs
4450 Contractual $3,200 Aerial photography& Discontinuance of larger tree
Services oak wilt mapping transplanting into parks and
public building sites
4250 Landscape $2,500 Loss of funds for landscape bed
Materials Public property installation and maintenance
management - tree
4397 Machinery and $1,500 removal, trenching, Inability to rent aerial trucks for
Equipment Rental and stump grinding trimming larger trees
4530 Other $8,000 ($12,000) Approximately 100 fewer trees
Improvements planted in parks and public
building sites
1
The balance of this memorandum is committed to a more in-depth analysis and discussion of supporting
information.
Temporary Oak Wilt Program
As conveyed at the Council/Commission workshop,it is the opinion of staff that even a scaled down version of
an Oak Wilt suppression program should assume efforts inherent in all three of the public policy areas. In terms
of regulation and enforcement, a seasonal tree inspector should be hired to carry out the responsibilities for
inspecting private properties for oak wilt, noticing property owners, assisting with testing and verification,
performing follow up inspections, and doing spot checks for firewood compliance. This individual would also
serve to coordinate trenching and tree removals on public property and to develop public education/technical
service efforts through brochure dissemination, city newsletter articles, public speaking engagements, school
programs, and
consultation with the public.
One of the basic starting points for a comprehensive Oak Wilt program is the development of an aerial photo
survey and mapping of the community. This activity would be undertaken through the contractual services of
a professional forestry consultant and would include aerial photography of all wooded areas of the city, photo
interpretation, ground truthing, and the identification and mapping of all diseased trees and infection centers.
This information would serve as a data base for the tree inspector to set up an efficient public notification and
enforcement process.
In addition to these efforts the city should also establish its own program for removing and controlling the spread
of Oak Wilt disease in community parks and open space areas. At the special workshop the
Council/Commission agreed that it is important for the city to demonstrate good stewardship through proper
land management practices and to serve as a model for private residents and landowners. It follows, then, that
the city should also begin a program of tree removal, trenching, stump grinding and proper firewood storage as
a part of the city's overall parks and natural resources operations. With only limited funding available this effort
would naturally be carried out on a priority basis in those areas posing the greatest risk to healthy trees located
on adjacent public or private properties.
The costs of a first year, scaled down program are identified as follows:
Regulation and Education
• Seasonal tree inspector $15,000.00
• Educational materials 2,000.00
• Aerial mapping project 3,000.00
• Testing services 500.00
Public Property Management
• Tree removal (contractual) 5,000.00
• Trenching (contractual) 5,000.00
• Stump grinding (contractual) 2,000.00
TOTAL $32,500.00
This budget should only be considered a starting point for the Oak Wilt abatement program. The principle effort
in 1993 would be to enhance public awareness and understanding of the problem,solicit public cooperation,and
to reduce the rate at which the disease is currently spreading - by eliminating the worst infection centers and
installing trenches to save nearby healthy trees. In order to effectuate the long-term elimination of Oak Wilt
2
disease in the community, however, it must be emphasized that a more comprehensive approach, involving a
higher investment of city capital and operating resources,will be required-as outlined in the five year proposal.
Departmental Funding
Staff have reviewed the City Administrators approved 1993 budget for tree conservation with the intent of
identifying potential sources of funding that could be shifted to an Oak Wilt abatement program. Specific
attention was given to those accounts where a certain degree of latitude could be exercised in using those funds
for the three policy elements. The remaining accounts are either thought to be so small in nature or so closely
tied to the basic forestry operations that they would be utilized regardless of whether the city enters into an Oak
Wilt program. The following list represents those budget items that could be used for a scaled-down Oak Wilt
program in 1993:
• #4130 Salaries and wages - temporary $15,000.00
• #4250 Landscape materials and supplies 2,500.00
• #4350 General printing and binding 2,500.00
• #4397 Machinery and equipment rental 1,500.00
• #4450 Other contractual services 3,200.00
• #4530 Other improvements 8.000.00
TOTAL $32,700.00
The balance of this report will examine the extent to which forestry operations would be impacted through the
use of these intradepartmental funding sources.
Impacts to Department Operations
$15,000 could be taken from the seasonal forestry budget to hire a seasonal tree inspector. This however,would
represent a 75% reduction in funding available for regular seasonal Forestry personnel in 1993 and a 67%
reduction in comparison to 1992 funding levels. Clearly,this would have a devastating impact on current forestry
operations. With the equivalent of only one 800 hour position, there is little doubt that most tree maintenance
practices including trimming, fertilization, irrigation, mulching, as well as inventory control would need to be
curtailed in 1993. This would be on top of a seasonal forestry budget which has not seen an increase from 1989
levels and which is responsible for more than twice as many maintained trees than just five years ago.
As part of its ongoing educational effort,the forestry division had planned on the publication of two new forestry
brochures in 1993 dealing with energy conservation and planting for wildlife. In addition,reprints of the existing
four brochures (which have been under heavy demand) along with Arbor Day posters and flyers are also
budgeted for calendar year 1993. As part of the Oak Wilt suppression program these dollars ($2,500) could be
used for developing and distributing educational materials on Oak Wilt and to defray mailing and administrative
costs associated with enforcement of the shade tree disease ordinance. Unfortunately, this would negate any
additional printing of forestry brochures which have been well received by the public and are considered an
integral component in building the volunteer participation of residents in reforestation and proper tree
maintenance practices.
With respect to the aerial photo and mapping projects, funds could be taken from Account 4450 - Other
Contractual Services ($3,200). In the past this account has been used to contractually move larger trees in parks
prior to facilities construction and to take advantage of trees offered by residents for transplanting into park and
3
recreation areas. This program is viewed as a cost saver for the city in that the value of the trees which are
saved (or taken advantage of) typically far outweigh the costs in moving them.
As noted above, a budget of$12,000 is considered to be a reasonable amount to carry out the public property
management side of a scaled down Oak Wilt program in 1993. These costs would be associated with trenching,
tree removals and stump grinding in parks and open space areas. Collectively,three other revenue sources within
the forestry budget (landscape materials, machinery and equipment rental, and other improvements) could be
combined to cover the cost for an Oak Wilt program. But like the other program elements this would not be
without its cost to routine tree maintenance and landscaping activities. Dollars would no longer be available
(through the general revenue budget) for landscape mulch, edging material or weed barrier fabric used in
shrubbery bed installation and maintenance. Most of the funds available through Account 4520 - Other
Improvements-would also be relinquished for Oak Wilt control. This account has historically funded a program
of planting or replacing approximatley 100 trees in the parks each year and for implementing smaller scaled
landscaping enhancements in neighborhood parks.
Lastly, the loss of machinery and equipment rental funds would pose a severe limitation on the department's
ability to keep up with tree trimming in parks since this account is used to rent an aerial bucket truck. This is,
in fact, a growing area of concern for the department since trees which were planted in the late 70's and early
80's have matured to a level where ground level equipment (pruning poles,ladders,etc.) are no longer effective
for safely pruning the upper crowns and branches.
Conclusion
In the final analysis, we have concluded that the forestry department is simply not in a position to internally
transfer the needed funds to support an Oak Wilt suppression program without severe impacts to already existing
tree maintenance and landscaping efforts. The loss of these funds would set the forestry department program
back several years and would significantly undermine services which are presently viewed as highly favorable by
the public including public education,reforestation,landscaping,tree maintenance and public education/technical
assistance. We do wish to point out, however, that the opportunity may exist to fund one or two smaller
elements of the program such as aerial photography and mapping by drawing funding from several different
forestry department accounts. We would be happy to discuss these options further with you at your convenience.
We trust hat this memorandum has helped to respond to the Council's question concerning use of the 1993
Forestry a udge i for the funding of the first phase of Oak Wilt abatement and suppression in the City of Eagan.
ti /Atiffir
Jo, ' •. Vo l IP eLinde
S 'erintendent of Parks
J V/nab
6b:hedges.330
4
‘k ;"--
Agenda Information Memo
February 2, 1993, City Council Meeting
APPROVE CHANGE ORDER #2 (GREAT OAKS & WOODLANDS N 2ND ADDN)
J. Contract 92-09, Approve Change Order #2 (Great Oaks & Woodlands North 2nd
Addition - Streets & Utilities)--Change Order#2 consists of two parts described as follows:
Part A: At the request of the developer, the restoration work of the utility installation
on the adjacent private property (Parcel 010-04, Oberg) should be sodded
instead of seeded. (Add $2,250)
Part B: At the request of the developer, the storm sewer was relocated to save some
existing mature oak trees. Subsequently, the method of restoration had to be
changed to incorporate seeding with a wood fiber blanket for erosion control
and seed establishment. (Add $3,240)
The total Change Order amount ($5,490) will be responsibility of the development and will
be assessed according to the feasibility report.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to
Contract 92-09 (Great Oaks & Woodlands North 2nd Addition) and authorize the Mayor
and City Clerk to execute all related documents.
VACATION/ST FRANCIS WOODS 4TH ADDN
K. Vacate Drainage & Utility Easement, Receive Petition/Order Public Hearing (Lots
5 & 6, Block 1 & Lots 4 & 5, Block 3, St. Francis Woods 4th Addition)--The City has
received a petition from the affected property owner requesting the vacation of four side lot
drainage and utility easements to accommodate the placement of buildings over the common
lot lines. All application materials have been reviewed and found to be in order for
favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate four
side lot drainage and utility easements, Lots 5 & 6, Block 1 and Lots 4 and 5, Block 3, St.
Francis Woods 4th Addition, and schedule a public hearing to be held March 2, 1993.
•
(43
Agenda Information Memo
February 2, 1993 City Council Meeting
;`,1 elltININESS
YMCA/CITY OF EAGAN/EXCHANGE OF SERVICES
A. Exchange of Services,YMCA and City of Eagan—At the November 2, 1992 City Coucil
meeting, a representative from the Eagan Area YMCA requested a reduction in the trails
dedication fee for the new YMCA facility. If given, the reduction would be from
approximately $17,000 to $7,993. The City Council did not agree to a direct reduction in
the trails dedication at the November 2 City Council meeting. The Council did direct staff
to review the feasibility of having the YMCA provide some kind of"inkind contribution' to
the City in exchange for a cash reduction. Staff has met with representatives of tl, Y and
has reviewed possible areas for such an exchange to occur. Enclosed on pages a)through
is a memorandum from Director of Parks & Recreation Vraa concerning the findings
of those meetings. The memo outlines a basis of understanding for future inldnd exchanges
with the YMCA because the Y is not yet in operation.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the general under-
standing which identifies areas in which future negotiations will specifically identify', an
exchange between the YMCA and the City for reduction in trails dedication.
II
II
T
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
HONORABLE MAYOR
CITY COUNCIL
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: DECEMBER 31, 1992
RE: YMCA TRAILS DEDICATION REDUCTION;EXCHANGE FOR SERVICES
Background
At the November 2, 1992, City Council meeting, representative from the Eagan Area
YMCA asked for a reduction in the Trails Dedication fee for the new Y facility. The
reduction was requested for the area which is encompassed by storm water ponding area.
Trails dedication is made on an area-wide basis, and the Y reasoned that this ponding area
__ was not being used specifically for development of the Y and therefore should be eligible
for a reduction in the Trails Dedication. If given, the reduction would be from
approximately $17,000.00 to $7,993.00.
At the November Council meeting, the City Council, for policy reasons, was not inclined to
give a direct reduction in the Trails Dedication. Direction was given to staff, however, to
review the feasibility of having the Y provide an"inidnd contribution"to the city in exchange
for a cash reduction.
Issue
Mr. Jay Shannon, representative of the Y, and staff reviewed possible areas for such an
exchange to occur. Because the Y is not yet operational the program offerings are not yet
defined; therefore, staff has prepared an outline of understanding for future inkind
exchanges with the expectation that these will be further defined once the Y is operational.
The Council is asked to review the information and provide additional direction to staff as
appropriate.
Basis of Understanding
The City recognizes that the YMCA will not be able to make available to the City as part
of this exchange, the use of the Y during peak program and OSC demand time.
Nevertheless, there are likely to be program opportunities which may have marginal
attendance or are conducted at such times that public use, beyond YMCA members, may
be available. As an example, the Y has traditionally run an AOA program. (Active Older
Adults) It may be possible that Senior citizens who are members of the Eagan Seniors
program or the Eagan Senior housing (Oak Woods of Eagan) could become a part of the
Y activity.
A second program area for exchange is the Y providing scholarships for individuals Who
simply cannot afford Y programs and/or are referred by the Department of Parks and
Recreation. More specifically, these might be individuals who are considered "at risk" and
may benefit from social service programs that are offered through the Y.
The third area is the use of the Y swimming pool. It is conceivable that there will be times
which the swimming pool might be available for special use programs and activities either
offered by the Department of Parks and Recreation or as a special event or a specific needs -
group.
The fourth area is in the utilization of YMCA ball fields. It is likely that the Y will have
their own programs and activities whose use patterns will be similar to those of the City's
and Community needs. However,there still may be some infrequent opportunities in which
Y fields might be scheduled for a specific activity and made available to the general public
for program activity.
In summary,given the lack of specific programs which to identify specific exchanges between
the Y and the City, four program areas have been identified for future specific discussions
for exchanges. Those areas being the AOA program, the scholarship program, referrals'Ifor
youth at risk, and facilities at the Y specifically the.use of the swimming pool and ball fieds.
For Council Action
To approve/disapprove the general understanding which identifies these as areas in which
future negotiations will specifically identify an exchange between the Y and the City for its
reduction in the Trails Dedication. Or, if there are specifics which the Council would hke
to see addressed as part of any future negotiations, so identify.
KV/dj
D2YMCATRRE.MEM
Lt
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Agenda Information Memo
February 2, 1993 City Council Meeting
DART TRANSIT/ACCESS DRIVE PERMIT
B. MnDOT Permit,Dart Transit Access Drive--A request has been received of Dart Transit
Company for the City to act as the permittee for construction of an access drive across state
trunk highway right-of-way for the Dart property located near the intersection of trunk
Highways 149 and 55 and Lone Oak Road. This request is precipitated by MnDOT's
regulation that any such access drive lying parallel to a state trunk highway be a city street
with city acceptance of full maintenance and ownership responsibilities. Since the City
typically does not consider private access drives to be public streets, the policy issue is
appropriate for City Council consideration.
By way of background, on November 5, 1992, the City Council approved a setback variance
for Dart Transit for a six bay tractor repair shop on the southeast corner of their property.
At that time, Dart indicated their preference to not access the site internally from existing
driveways. As a consequence, condition of the variance approval was the acquisition by the
applicant of MnDOT approval for the separate access drive. The applicant met with City
staff and MnDOT officials several times in the following weeks to address this issue.
MnDOT's position relative to the access drive request is utlined in the public works
memorandum which is enclosed on pages �a\through e'�for your review. The memo
also covers a proposal by Dart Transit to assume maintenance and liability responsibilities
for the road if the City were to acquire the necessary permit. This proposed agreement was
reviewed by the City Attorney's office and is discussed in Attorney Dougherty's
memorandum which is enclosed on pages through S"7 . In it, Mr. Dougherty
fully`contract away these responsibilities.
During December, the applicant submitted building plans and a site plan for staff review.
Those administrative reviews were undertaken by the Building Inspections and Engineering
Divisions. A letter addressin }e remaining issues, including the need for access drive
approval, is enclosed on pages`)b through "5" . Subsequent to that letter, City staff met
with representatives of Dart Transit on January 8, 1993. It was agreed that the principle
remaining issue was the resolution of location of an access drive between Dart Transit and
Starks' Halfway House Saloon. In that meeting, staff reiterated the need for Dart to reach
a written agreement with the Starks' ownership concerning road design and alignment.
This issue required extreme sensitivity because Starks' has been utilizing a portion of
MnDOT right-of-way and the Dart property for parking purposes. While Starks' does not
have a permit to locate the parking in that area, it was felt that it was necessary for the two
neighbors to work out an agreement rather than have the City impose a design and
alignment on either party. Negotiations and discussions were held between representatives
of Dart and Starks' and the outcome f that discussion is covered in the correspondence
enclosed on pages(�� through (Dc As was noted in the correspondence, Mr. Starks'
reviewed proposed plans for an access drive with and without a cul-de-sac and indicated his
support for a design without a cul-de-sac.
Agenda Information Memo
February 2, 1993 City Council Meeting
While this appears to resolve the issue,a remaining concern exists because of the MnDOT
requirement that the access be a public street. If the access drive is determined to be a City
street and if the Council determines that the City should not rely on an agreement with a
private party to maintain and accept liability for the street, it will be necessary for the City
to maintain the access drive such that a cul-de-sac would be necessary to permit
maintenance vehicles to reverse direction without entering private property. Mr. Starks has
expressed an unspecified concern about the cul-de-sac and, as a consequence,has endorsed
a road design which does not include it.
Another issue of consideration is Mr. Starks' request that the access drive be situated as
close as possible to Trunk Highway 149 to retain as much parking space as possible in the
front of the existing halfway house building. In an effort to accommodate this request and
provide sufficient radiuses for vehicles using the access drive,Dart's engineers have prep ed
a driveway plan which will result in the removal of 5 - 6 mature evergreen trees within the
right-of-way. If the City were to prefer to retain those trees, it would not be possible to
meet Mr. Starks' request that the access road be as far from his property line as possible.
The issues before the City Council are:
1. Whether sufficient public purpose is served by the Dart Transit
access drive to deem it a public street.
2. Whether the City wishes to transfer maintenance and liability
responsibilities to Dart Transit through a private agreement.
3. Whether to approve an access drive design with or without a
cul-de-sac for public maintenance.
4. Whether Dart should be required to obtain access from their
existing private driveway.
A graphic depicting the various access alternatives which have been discussed relative to this
issue will be distributed with the Additional Information packet on Monday.
If those issues are sufficiently resolved, the City Council can then consider Dart Transit's
request that the City submit a MnDOT permit for construction of the access drive.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny submission of a
MnDOT permit application for a Dart Transit facility access road as presented.
'II
III
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.
MEMO TO: JON HOHENSTEIN,ACTING COMMUNITY DEVELOPMENT DIRECTOR
TOM COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER
DATE: DECEMBER 15, 1992
SUBJECT: PROPOSED TH 149 ACCESS TO DART TRANSIT
On November 5, 1992, the City Council approved a variance to the 50' building setback
from a State Highway right-of-way for a new 6-bay tractor repair shop for Dart Transit.
The approval was subject to a final site plan approval by the City, MnDOT approval for
any work within State Trunk Highway right-of-way, and all other applicable City Codes.
On November 24, 1992, the City received a copy of the site plan review letter for the Dart
Transit tractor repair shop from MnDOT. Attached is a copy of that letter for your
information. The letter identifies general requirements which MnDOT will enforce as a part
of the permit process. A permit is necessary for any construction within MnDOT's right-
of-way. Condition No. 4 of the letter states the following "Construction of an access drive
within MnDOT right-of-way is allowable provided it is constructed as a City of Eagan street
for which the City accepts full maintenance and ownership responsibilities". As a result
of Condition No. 4, Dart Transit has prepared and is proposing a Maintenance and
Ownership Declaration between the City of Eagan and Dart Transit Company. This
Maintenance and Ownership Declaration is attached for your information.
In researching the Maintenance and Ownership Declaration document with the City
Attorney's Office, Mike Dougherty stated that the City cannot assign ownership and
maintenance responsibilities of a public facility to a private entity even if the private entity
is willing to accept the responsibilities. The liability ultimately rests on the City.
Regardless of what kind of an agreement the City and Dart Transit come to terms with,
the liability for a frontage road/driveway access to the Dart Transit facility is essentially a
publicly owned and maintained roadway.
In reviewing the issue further with Don Fashant, of MnDOT's Permit Office, MnDOT does
not allow driveway construction to private property parallel to MnDOT's right-of-way within
MnDOT right-of-way. Crossing of MnDOT right-of-way at basically a perpendicular
configuration meets the requirements of their permitting section. Only roadways owned
and maintained by another public entity can run parallel and within MnDot's right-of-way.
These parallel roadway installations within MnDOT right-of-way are allowed through what
is called a "limited use permit". This limited use permit process typically takes 6-10 weeks
to process through MnDOT's Permit Office.
1
li
I questioned Mr. Fashant to see if there was excess MnDOT right-of-way within this .
corridor of TH 149/55. Mr. Fashant stated that there was sufficient right-of-way within this
area for MnDOT to turn back a portion of the right-of-way to the City for public street
purposes. In the past, MnDOT has denied requests from adjacent property owners along
this corridor for purchase of excess right-of-way. Mr. Fashant stated the reason for not
selling excess right-of-way to the adjacent property owners was because of the existing
utilities located within this section of right-of-way. At some time in the past, State TH 149
proceeded northerly and parallel with the easterly boundary line of the Dart Transit facility.
Mr. Fashant was of the opinion that the City could request a tumback of excess MnDOT
right-of-way and pursue the issue through MnDOT's right-of-way office, outside the scope
of the limited use permit. Mr. Fashant stated that Mr. Adeel Lad was MnDOT's contact
person and typically the right-of-way turnback process takes months to accomplish.
Again I contacted Mike Dougherty of the City Attorney's Office and asked Mike if the City
could transfer ownership of right-of-way which the City received from MnDOT to t e
adjacent property owners. Mike stated that typically if MnDOT vacates or turns back
right-of-way to the local jurisdiction for public street purposes and when the City no longer
was utilizing the property for public street purposes, the right-of-way would go back to
MnDOT. The only way the City may be able to transfer a MnDOT turnback of right-of-way
to a local jurisdiction to the adjacent property owners is if MnDOT had knowledge of the
City's intent to ultimately transfer the right-of-way to the adjacent property owners. In this
case, that may or may not create problems with the southerly adjacent Starks Halfway
House property. The City couldn't transfer the whole turnback right-of-way or cut a deal
with Dart Transit to buy the turnback right-of-way other than right-of-way adjacent to the
Dart Transit property. The right-of-way adjacent to the southerly property owner must be
made available to that property owner as the property to the north was made available
to Dart Transit. Dependent upon the degree of cooperation one can expect from the
southerly property owner, this may or may not be a desirable situation for,the City to get
itself into.
In summary, the bottom line is to what extent the City wants to get involved with assisting
Dart Transit in fulfilling its requirements imposed upon it by MnDOT for the construction
of its proposed tractor repair shop.
At this p t, am questing further direction in how to pursue this issue in the best
interests a Ci . Thank you for your anticipated response.
i o/„
Assistant City Engineer 0
MPF/jj
Attachment: MnDOT Letter Dated November 24, 1992
Maintenance & Ownership Declaration
cc: Jim Sturm, City Planner (W/Enc.)
Mike Ridley, Project Planner (W/Enc.)
John Wingard, Development/Design Engineer (W/Enc.)
rkx; •
4.„N"eso,' Min,..isota Department of Transportation L ` ; .- , '
�ti° zc Metropolitan District
_ Transportation Building
;te, c_ St. Paul, Minnesota 55155
ti- OF 1 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to Oakdale Office
Telephone No. 7744-199t
November 24, 1992
James Sturm
Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear James Sturm:
SUBJECT: Site Plan Review
Dart Transit Tractor Repair Shop
West of T.H. 149, South of T.H. 55
Eagan, MN
C.S. 1916
The Minnesota Department of Transportation (Mn/DOT) has reviewed the Dart Transit Tractor
Repair Shop site plan. As discussed at our meeting of October 21, 1992, we find the proposal
acceptable for further development with consideration of the following comments.
1. Access to T.H. 149 should be via the existing entry to Stark's bar, opposite City Street
#8.
2. The entry should be a minimum of 32' wide.
3. The proposed entrance to T.H. 149 will require construction of a 300', full width right
turn lane with a 10:1 taper. Construction of the lane will require removing the shoulder
and raising the subgrade to accommodate the turn.lane. The cost of constructing the
required lane will be the responsibility of the property owner, the City of Eagan, or both.
4. Construction of an access drive within Mn/DOT right of way is allowable provided it is
constructed as a City of Eagan street for which the city accepts full maintenance and
ownership responsibilities.
/ I
James Sturm
November 24, 1992
page two
S. A permit is necessary for construction of the entry and the access drive.. The permit
must be applied for by the city. Detailed construction plans for the entry and access
drive should be submitted with a permit application. The plans should include design and
traffic control for the intersection of the entry and access drive.
Construction plans for the required right turn lane, including cross sections Of the
existing and the proposed roadway, should also be submitted with the permit. Enc4osed
is a copy of Mn/DOT standards for construction of right turn lanes.
Don Fashant, of our Permits Office, may be contacted at 779-1141 for the necessary
permit applications and any questions about the permit process.
If you have any questions regarding this review please call.
Sincerely,
e/i r‘ (17 R-?'',..t-iff-S--i=7")
Cyrus Knutson
Transportation Planner
Enclosure
cc: Gar Hoerschgen, Dart Transit
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DART TRANSIT COMPANY
800 Lone Oak Road,Eagan,MN 55121 •Mailing Address:P.O.Box 64110,St.Paul,MN 55164-0110•Office 612-688-2000•80c-366-9000
MAINTENANCE AND OWNERSHIP DECLARATION
1. Declarant: a.) Dart Transit Company (DART)
Beneficiary: b.) City of Eagan, Minnesota (CITY)
Ali
2. Recitals: a.) Dart has its headquarters location at the intersection of T.H.
55 and Lone Oak Road in Eagan and wishes to constrict a
tractor repair facility at the southerly end of its property with
access to T.H. 149.
b.) City would like to encourage Dart to build and operate, the
tractor repair facility in light of the increase in employment and
tax base that it would represent.
c.) Dart has applied to the City for the appropriate approvals of
its plans and there appears to be no problem with those plans
and the issuance of the necessary approvals.
d.) The tractor repair facility will require the construction of an
access drive on the MN/DOT right of way for T.H. 55 and 149
and the construction of a right turn lane on T.H. 149. MN/DOT
is agreeable to the construction of a right turn lane and the
access drive as long as the access drive is constructed as a
City of Eagan street for which the City accepts full maintenance
and ownership responsibility and City is willing to apply to
MN/DOT for the construction of the right turn lane and access
drive.
e.) City is willing to so apply as long as Dart agrees to be
responsible for both the construction and the maintenance of
the access drive and the construction of the right turn lane .
f.) Dart is willing to hire an appropriate contractor to construct the
right turn lane to MN/DOT standards and to construct the
access drive to City standards. Dart is also willing to maintain
and plow the access drive between its property and T.H. 149
until such time in the future as the access drive might be
incorporated into a city street that runs along the exterior of
the Dart property along both T.H. 55 and Lone Oak Road.
Page lof2
5 Affiliated 4th [EETIJNE..r'
Maintenance and Ownership Declaration
Page 2 of 2
g.) Now therefore, in consideration of the prompt application by
the City for the necessary MN/DOT permit to construct the
right turn lane and access drive as shown on the site plan
attached as Exhibit A, Dart declares as follows:
3. Dart
Declaration: 1.) Dart will cause a contractor acceptable to City and MN/DOT
to do all work required by MN/DOT and City with respect to
the right turn lane and access drive construction and Dart
agrees to pay all charges by the contractor therefor.
2.) Dart agrees to maintain and plow the access drive from the
Dart fence to T.H. 149 until the City agrees to take over the
responsibility or until the access drive is incorporated into a
city street that may be built outside but along Dart's property
adjacent to T.H. 55 and Lone Oak Road.
3.) Dart agrees to provide proof of public liability insurance naming
City as additional insured with respect to claims which might
arise concerning the access drive until maintenance of the
access drive is assumed by the City.
DART TRANSIT COMPANY
by Cme.e n4t-
Donald G. Oren, President
bt,t0
Date
GHEAGAN.
5�
.
MEMORANDUM
TO: Jon Hohenstein, Acting Community Development Director
FROM: Michael G. Dougherty, City Attorney
DATE: January 4 , 1993
RE: Dart Transit - MnDOT Trunk Highway 149
Our File No. 206-11054
In response to your request, I have reviewed a document entitled
Maintenance and Ownership Declaration prepared by the attorney for
Dart Transit Company. The purpose of the document is to provide
assurances to the City of Eagan, that if the City consents t the
construction of a public road parallel to Trunk Highway 149 to
provide access to Dart Transit's proposed tractor repair facility,
that Dart would then be responsible for maintaining such roadway.
Our initial analysis of the proposed Agreement is based op the
premise that the City cannot contract away its liability to a third
party for claims brought against the City for damages resulting from
the use of public streets. Thus, if a party is injured on a public
street due to the fault of the City, the City remains prim rily
liable to the injured party for the damages. Under the pro osal
submitted by Dart Transit, Dart agrees to maintain and plo the
street and to provide the City with proof of public liability
insurance naming the City as an additional insured. However, iflisuch
an agreement is to be utilized by the City with respect to Dart
Transit's maintenance of the street, it would be paramount thatl Dart
Transit indemnify and hold the City harmless from all claims which
might arise in connection with the access street, (including deign,
construction, maintenance and use) .
Nevertheless, should the City Council decide that the access drive be
a public street, it is our preference, that the street in fact be
built to public road specifications, and further that the maintenance
and upkeep be performed by the City as part of its rotitine
procedures. By treating the access drive as a public street, the City
would be in a better position to monitor, minimize or potentially
eliminate problems. Unless the City presently has a policy for
private maintenance of public roads, it would be necessary prier to
entering into the Agreement with Dart Transit, for the City to
prepare such a policy and to require Dart Transit to comply
therewith. Absent such a policy, the exposure by the City to a
lawsuit from an injured party is greater due to the elimination of
discretionary immunity as a defense. While Dart Transit may be
willing to hold the City harmless and to provide evidence of
5) `9 II
insurance, cooperation and implementation of those items may be more
difficult after the initiation of a lawsuit.
However, should Dart Transit, for whatever reason, decide to maintain
or plow the public street prior to the City's schedule, Dart would
not be prohibited from taking such action. I am unaware of any
present restriction on the ability of a private landowner to plow or
maintain public streets.
With respect to the construction of the public street, Dart has
proposed contracting for and paying the cost for the construction.
Assuming that the City Council agrees to allow Dart Transit to
perform such construction, the question arises as to the nature of
the Agreement between the City and Dart for such construction. It
would seem that the activity is similar to the type of improvements
found in new subdivisions which would require a Development Contract.
Additionally with the construction of most developer improvements,
the City requires a Letter of Credit or cash deposit to secure the
performance being undertaken by the developer. Thus, the question
arises as to the City Council's intentions with respect to the
treatment of the construction of the improvement, e.g. developer
improvement under the Development Contract permitted under Minn.
Stat. S462 . 358 . Without such treatment as a subdivision or waiver of
plat requirements, under Minn. Stat. S462.358, construction of public
improvements must be accomplished under the applicable bidding
requirements. Does the City desire to construct the improvement and
assess Dart Transit for the cost of the street with a waiver of
assessments executed by Dart?
An additional item to be reconciled with respect to any construction
of a access road as depicted on the plans prepared for Dart Transit,
is the outcome of the impact of the road on the facility to the south
of Dart Transit. I am unaware of what the direct consequences of the
road are to Starks, but there may be an element of damages to its
business with respect to the interruption of their parking. While it
appears that the parking may be located upon MnDOT right-of-way, it
is uncertain as what relationship, if any, Starks has worked out with
MnDOT and/or what rights if any have been acquired by Starks in
connection with their use of the right-of-way. More information is
needed both from Starks and Mna= ,toespecially
excessiright light
of�way the
andfact
no
that the area in question appears
longer a viable right-of-way for MnDOT.
I hope this addresses some of the concerns that you had identified.
If you have any questions, please do not hesitate to be in contact
with me.
MGD/wkt
cc: Tom Hedges, City Administrator
Tom Colbert, Director of Public Works
5r1
•
•
1 city of acigcin
THOMAS EGPIN
Mayor
PATRICIA AW'ADA
January 5, 1993 SHAWN HUNTER
SANDRA A.MASIN .
THEODORE WIACHTER
Council Members
THOMAS HEDGES
MR GAR P HOERSCHGEN City Aomininslralor
DART TRANSIT CO EUGENE VANIOVERBEKE
P 0 BOX 64110 City Ci•rk
ST PAUL MN 55164-0110
Dear Mr. Hoerschgen:
Thank-you very much for your letter of December 31 regarding your request for building
permit issuance. As I mentioned to you when we.spoke on the phone last week, our Office
was closed on Friday to observe the New Year's holiday and many staff people had
Thursday afternoon off in recognition of New Year's Eve. As a consequence, because our
letter was received on Thursday afternoon, I have asked City staff to review it at their
earliest possible opportunity.
That review has indicated that a significant number of building permit and site ''plan
requirements have been resolved. A certain number of issues remain to be addressed,
however. It appears that most of these issues can be handled administratively and once the
final revisions are received, those aspects of the Variance/building permit approval will be
complete. Mr. Merchak of Protective Inspections will be forwarding his remaining comnents
under separate cover. Mr. Wingard's comments, on behalf of engineering, are enclosed.
As noted in Mr. Wingard's memorandum, there remains the public policy issue of drivway
access to the site. In order to•process a request to the City Council to deviate from', our
standard policy to seek MnDot permission for and install a public street for private ue, it
is essential that you present an executed written agreement between yourselves and the
• owners of Stark's Halfway House identifying a detailed design and exact location of the •
proposed driveway access and the reconfiguration/restriping of Stark's parking lot.
II
BOO
MUNICIPAL CENTER
THE LONE OAK TREE MAINTENPNCE FACILITY
3E3G P:.0' THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN M'.'.ES�'= 5E•22. E:? EAGAN,MINNESOTA 55122
PHON (t 6E'•46.:: PHONE.(612)661.4300
Fax (6'2,6.'
c •4:': Equol Opportunity!Afiirmotive Action Employer FAX (612)6E1.4360
1:: ;6'2 45.: E
E°.
` n TDD:(612) 54.6535
�x
V
I
It will also be necessary for City staff and the City Council to address issues raised by the
City Attorney's Office regarding relative liability to the City with or without the maintenance
" agreement you proposed. A copy of Mr. Dougherty's memo in this regard is also attached.
Mr. Sturm of my office is coordinating a meeting to discuss these matters with the parties
above and yourself for Friday,January 8 at 10:30 a.m. here at the City offices. If he has not
contacted you already, he will soon.
If you have any questions in the meantime, please do not hesitate to call.
Sincerely,
J Hohenstein
Acting Community Development Director
JH/js
cc: Tom Hedges, City Administrator
Tom Colbert, Public Works Director
Mike Dougherty, City Attorney
v l
/*#•17‘*.
DART TRANSIT COMPANY
800 Lone Oak Road,Eagan,MN 55121 • Mailing Address:P.O.Box 64110,St.Paul,MN 55164-0110 • Office(612)688-2000',• 800-366-9000
III
January 21, 1993
I'I
Hand Deliver
Mr. Jon Hohenstein
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Scheduling Dart Permit for February 2, 1993 Eagan City Council Meeting
Dear Mr. Hohenstein:
Pursuant to your letter of January 5, 1993, and the meeting of January 8, 1$93,
which you set up between you and Mr. Sturm, Mr. Dougherty of the City Attorny's
office, Mr. Foertsch and Mr. Wingard of the City Engineer's Staff, me,
Jack Hoeschler, our real estate lawyer, and Paul Thomas, our civil engineer, I am
very pleased that I am able to enclose the attached letter executed in my presence
by Mr. Gary Starks, owner of Stark's, in support of our final site and access plan
(Plan "B"), which is also enclosed.
Would you please schedule this matter on the calendar of the next Eagan Oity
Council Meeting scheduled for Tuesday, February 2. We have talked with
Mr. Dougherty, and together we will have an agreement which he does not object
to for the Council to consider at the meeting. We will also get this agreement to you
ahead of time so that the city staff can sign off on it.
At the Council meeting we will request that the Council approve the agreement and
the city signing the state permit application pursuant thereto, as well as having the
city staff take all appropriate and necessary steps to implement this decision.
For the record, as you know we have been working on the administrative issues
referred to in your above mentioned letter, and it appears they will all be resoled
in the next day or two.
Affiliated w�n■ FLEET[/NE„..
Mr. Jon Hohenstein
January 21, 1993
Page 2 of 2
Needless to say, we are grateful to you and the rest of the City Staff for your
facilitation of our request to the City Council. Please advise me if there is anything
else we need to do prior to the meeting. Thanks again.
Very truly yours,
T TRANSIT OMPANY
Garfield P. Hoerschgen
EAGAN121.GH
. II
Eagan, Minnesota
January 20, 1993
Hand Deliver
Mr. Jon Hohenstein
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
RE: Starks Support and Non-Opposition to Dart Site and Access Plan
Dear Mr. Hohenstein:
I have received Dart's final site and access plans A and B (attached),
II'I
and I support and do not oppose Plan B.
Sincerely, a
fflir4
Gary Starks
STARKS3.gh
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Agenda Information Memo
February 2, 1993 City Council Meeting
NORTHEAST EAGAN TW PLAN AMENDMENT
A. Resolution,Amendment to Tax Increment Financing District#2 (Northeast Eagan) Tax
Increment Financing Plan--City staff has previously discussed with the City Council the
potential need to amend the tax increment financing plan for the Northeast Eagan
Development District#2 to permit expenditure of funds from that district for interim traffic
improvements prior to funding of the entire improvement program. Staff has discussed this
amendment with those properties currently contributing increment to this district and both
have expressed agreement with this modification. By way of background, the City had
originally established this tax increment financing district for purposes of effecting
transportation improvements in the area of the intersection of Interstate 494 and Trunk
Highway 149. The improvements included an upgrade of Trunk Highway 149 south of
Interstate 494, ramp improvements and construction, and the installation of an additional
interchange on interstate 494 central to the Waters commercial park property. A
qualification was placed in the plan which prevented expenditure for any improvement prior
to securing funding for all of the improvements. Unfortunately, it has not been possible to
secure MnDOT funding for the full interchange improvement such that absent a TIF plan
amendment, no proceeds from the district can be spent. At the same time as this issue was
being discussed, the City was contacted by MnDOT indicating that they had received
requests from other property owners in the northeast Eagan area for improvements to the
I-494-Dodd Road interchange to relieve peak hour congestion. MnDOT indicated that this
item could be moved up on their capital improvements program provided the City requested
through the local initiative program. This program provides for the same funding
responsibilities as regular MnDOT projects with the exception that the City is responsible
for the majority of design costs for the proposed project.
Since the improvements requested were a part of the original intent of the northeast Eagan
tax increment financing district and since funding for the larger interchange improvement
is not forthcoming, the proposed amendment was prepared.
Enclosed on page GI is a resolution approving the modification #1 to the tax increme t
financin plan for Northeast Eagan Development District #2. Also enclosed on pages G
through cj is a copy of the modification as prepared by the City's bond counsel in this
regard. ssentially, the amendment simply removes the sentence from the plan which
prevents expenditure of funds unless all aspects of the project can be implemented. It is not
necessary to change any other portion of the plan since the improvements contemplated by
the MnDOT local initiative program fall within the scope of the original TIF improvements.
Agenda Information Memo
February 2, 1993 City Council Meeting
It is anticipated that the feasibility study for these improvements will be forwarded to the
City Council for review on March 2, 1993. Therefore, this item is in order for consideration
by the City Council in anticipation of that public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution
approving modification #1 to the tax increment financing plan for Northeast Eagan
Development District #2 as presented.
(.,2
lam"
CITY OF EAGAN
RESOLUTION
APPROVING MODIFICATION NO. 1 TO
TAX INCREMENT FINANCING PLAN FOR
NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2
BE IT ALSO RESOLVED by the City Council of the City of Eagan as follows:
1. This Council has heretofore adopted a Tax Increment Financing Plan for
Northeast Eagan Development District No. 2 (the "Original Plan"). There has been
presented to this meeting a proposed Modification No. 1 to the Original Plan to delete from
the Original Plan a statement of expectation that no tax increment would be expended until
full funding for the completion of the transportation improvements contemplated by the
original Plan was obtained. It is hereby determined that it may be desirable to complete
a portion of the improvements contemplated by the Original Plan with available tax
increment.
2. Modification No. 1 is hereby approved as proposed and the Original Plan
is hereby amended as provided in Modification No. 1.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
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 day of , 1993.
E.J. VanOverbeke, City Clerk
City of Eagan
JAN 27 '93 12:40 FAEGRE & BENSON P.4
CITY OF EAGAN, MINNESOTA
NORTHEAST EAGAN
DEVELOPMENT DISTRICT NO. 2 •
MODIFICATION NO. 1
to
TAX INCREMENT FINANCING PLAN
and
DEVELOPMENT PROGRAM
Dated January 17, 1989
(SS
R=98% 612 336 3027 01-27-93 12: 35PM P004 #21
JAN 27 '93 12:40 FAEGRE & BENSON P.5
MODIFICATION NO. 1
TAX INCREMENT FINANCING PLAN
NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2
CITY OF EAGAN, MINNESOTA
INTRODUCTION
This Modification No. 1 amends the Tax Increment
Financing Plan dated January 17, 1989 for Development District
No. 2 (Northeast Eagan) (the 'Original Plan") . The Original Plan
contemplates the use of tax increment financing pursuant to
Minnesota Statutes, Section 469.174 to 469. 179 for certain
transportation improvements in Northeast Eagan. The last
sentence under the heading "Estimated Sources and Uses of Funds" ,
at page 9 of the Original Plan provides as follows:
The City does not expect to issue bonds or expend tax
increment from the Tax Increment Financing District for the
transportation improvements unleoo it roaoivoo roaaonablo
assurance that all funds required to complete the Federal
interstate and State highway improvements necessary to
development of the Northwest site can be obtained.
The City Council has determined that it may be desirable to
complete a portion of the contemplated improvements without
constructing and receiving funds for all of the Original Plan.
AMENDMENT
The Original Plan is hereby amended by deleting the
last sentence under the heading "Estimated Sources and Uses of
Funds" at page 8 of the Original Plan.
MFFO4794.WP5
R=98% 612 336 3027 01-27-93 12: 35PM P005 #21
Agenda Information Memo
February 2, 1993 City Council Meeting
CONDITIONAL USE PERMIT/VETERINARY CLINIC/EAGAN CENTER
B. Conditional Use Permit, Gerald Ohlund, to Allow a Veterinary Clinic in a CSC
(Community Shopping Center) District on Lot 1, Block 1, Eagan Center 1st Addition,
Located Along the East Side of Lexington Avenue, South of Diffley Road in the NW 1/4 of
Sec 26--At its meeting of January 26, 1993, the Advisory Planning Commission considered
an application for a conditional use permit to allow a veterinary hospital in a CSC district
in the Eagan Center Shopping Center at the intersection of Lexington Avenue and Diffley
Road. For additional information with respect to this application, please refer to the
Community Development Department staff report which is enclosed on pages",( through
for your review. Also enclosed on page.14 are the APC minutes relitive to this
item. Please note that the commission is recommending approval. It had been noted that
this application was similar to previous approvals at Cliff Lake Centre and Duckwood
Square.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use
permit for Gerald Ohlund to allow a veterinary clinic in a CSC(community shopping center)
district on Lot 1, Block 1, Eagan Center 1st Addition, located along the east side of
Lexington Avenue, south of Diffley Road as presented.
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: GERALD K. OHLUND, DVM
LOCATION: LOT 1, BLOCK 1, EAGAN CENTER 1ST ADDITION
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: JANUARY 26, 1993
DATE OF REPORT: JANUARY 13, 1993
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Conditional
Use Permit to allow a veterinary hospital in a Community Shopping Center district.
COMMENTS: The applicant is proposing to locate a small animal, dog, cat, and bird
veterinary hospital at the Lexington Center shopping mall. It is the intent of the applicant
to occupy the currently vacant 1,260 sq. ft. space next to Valley Video. There will not be
any animal boarding, however animals who require surgery may demand overnight care.
The hours of operation are Monday through Friday, 9:00 a.m. - 6:00 p.m. and Saturday, 9:00
a.m. until noon.
If approved, this Conditional Use Permit shall be subject to the following:
1. No boarding of animals other than those demanding medical treatment.
2. This Conditional Use Permit shall be recorded with Dakota County within 60 days
of approval.
3. All other applicable City Codes and requirements.
FINANCIAL OBLIGATION - 26-CU-28-12-92, Lot 1, Block 1, Eagan Center 1st Addition
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Use Rate Quantity Amount
None 1.4
G. Ohlund - C.U.P.
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13
Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES
JANUARY 26, 1993
GERALD E. OMLDMD
CONDYTIOMAL USE PMRMIT
Chairman Voracek opened the first public hearing of the evening
regarding a Conditional Use Permit to allow a veterinary clinic in a
CSC (Community Shopping Center) district on Lot 1, Block 1, Eagan
Center 1st Addition located along the east side of Lexington Avenue,
south of Diffley Road in the NW 1/4 of Section 26.
City Planner Sturm stated that the applicant is proposing to
operate a veterinary hospital to occupy the currently vacant 1,200
sq. ft. area in the Lexington Center shopping mall. The applicant is
not proposing to board any animals overnight except in a medical
emergency. He mentioned that the animal warden will review this
application before any permits are issued.
Jerry Ohlund, the applicant, stated that he was available to
answer any questions.
Member Miller stated that he will abstain from the vote as he has
a glient relationship with the applicant. .
Gorman moved, Hoeft seconded, the motion to approve a Conditional
Use Permit to allow a veterinary clinic in a CSC (Community Shopping
Center) district on Lot 1, Block 1, Eagan Center 1st Addition located
along the east side of Lexington Avenue, south of Diffley Road in the
NW 1/4 of Section 26, subject to the following conditions:
1. No boarding of animals other than those demanding medical
treatment.
2. This Conditional Use Permit shall be recorded with Dakota
County within 60 days of approval.
3 . All other applicable City Codes and requirements.
All present voted in favor, except Miller who abstained.
--1L(
Agenda Information Memo
February 2, 1993 City Council Meeting
CITY CODE AMENDMENT/LANDSCAPE ORDINANCE
C. Landscape Ordinance, City of Eagan, Ordinance Amendment to Chapter 11 of the City
Code Pertaining to Landscape Regulations--At its meeting of January 26, 1993,the Advisory
Planning Commission considered an ordinance amending Eagan City Code Chapter 11
pertaining to landscape regulations. For additional information with respect to this item,
please refer to the Community Development Department staff report which is enclosed on
pages/1.0 through for your review. Also enclosed on page% is a copy of the
commission minutes relative to this item. Please note that the APC is recommending
approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the landscape
ordinance amending Eagan City Code Chapter 11 as presented.
MEMORANDUM
TO: CITY ADMINISTRATOR HEDGES
ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN
FROM: CITY PLANNER STURM
DATE: JANUARY 27, 1993
RE: LANDSCAPE ORDINANCE
At the January 26 Advisory Planning Commission meeting, the landscape ordinance was
approved unanimously. This ordinance was previously approved by the Commission and
deals with landscaping on private property. This portion of the landscape ordinance is in
Chapter 11, Zoning Code, and administered by the planning division. Another portion of
the code dealing with landscaping in public right-of-ways is handled through the City's
engineering and parks departments. That one did not need a public hearing before the
Advisory Commission. While reviewing both of these ordinances, minor changes were made
so that there would not be any inaccurate cross-references. Basically, the ordinance does
not change the way the City has been reviewing landscape proposals, but it will give the City
much more enforcement ability if it is ever needed in the future.
If you would like additional information, please feel free to contact me
City Planner
JS/js
•
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN 'CITY
CODE CHAPTER ELEVEN ENTITLED "LANDUSE REGULATIONS (ZONING) " BY
AMENDING SECTION 11. 10, SUBD. 15, REGARDING REGULATION OF THE
PLACEMENT AND MAINTENANCE OF TREES AND LANDSCAPING; AND BY ADOPTING
BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11. 99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by changing
Section 11. 10, subd. 15, to read as follows:
Subd. 15. Landscaping.
A. An approved landscape plan shall be required for
all new commercial, industrial and multiple residential
•
developments. Said landscape plan shall include the size,
location, quantity and species of all plant materials.
B. The Council may require a landscape bond to insure
that all plant materials are planted and maintained for at
least one (1) year.
A. Findings, Purpose and Scope.
1. The City Council finds:
a. Trees produce oxygen, a necessary element for
human survival;
b. Trees appreciably reduce the ever-increasing '
environmentally dangerous carbon dioxide
content of the air and play a vital role in
purifying the air breathed;,
c. Trees transpire considerable amounts of water
each day, thereby purifvina the air:
d. Trees participate in the natural process of
neutralizing waste water passing through the
around from the surface to ground water
tables and lower aquifers;
e. Trees, through their root systems, stabilize
the ground water tables and play an important
and effective part in soil conservation,
erosion control, and flood control;
f. Trees are an invaluable physical, aesthetic,
and psychological counterpoint to the urban
setting, making urban life more comfortable
by providing shade and cooling the air and
land, reducing noise levels and glare, and
breaking the monotony of human developments
on the land, particularly parking areas; and
g_ Trees affect the desirability of land and its
property values.
2 . Purpose.
Based on the foregoing findings, the Council declares
that it is desirable and essential to the health,
safety, and welfare of the City to protect certain
existing trees and plant materials, to require new and
additional plant materials and trees, to prohibit the
Planting of certain species and to require the
maintenance of plant materials and trees as set forth
in this Section.
3 . Scope.
The provisions of this Section shall apply only to
privately-owned property, excluding any property within
public rights-of-way which are regulated in Chapter 7
of the City Code.
B. Landscape Plan.
1. Plan Required. A landscape plan shall be approved
by the City and implemented by the property owner:
a. For any new development or new building
construction in any commercial; multiple
residential (R-2 , R-3 , and R-4) ; industrial
institutional zoning district; and planned
development districts, except as otherwise
provided by specific planned development
agreements;
b. For any existing commercial, industrial or
institutional building to be expanded by ten
(10) percent or greater square feet, where an
approved landscape plan is not on file with
the City; and
-2-
•
No building permit for any construction described in
Subparagraphs (a) and (b) of this Paragraph shall be
issued unless a landscape plan required hereunder is
approved by the City.
The plan as required under Subparagraph (b) of this
Paragraph may be implemented over a period of three (3).
years and a performance guarantee shall not be
reguired. However, if the plan is not fully implemented
within three (3) years, the City may complete the
landscaping, and if necessary, attempt to recover its
cost from the benefitted property for the improvement.
2 . Landscape Plan Required.
In every case where landscaping is reguired by .
provision of the City Code or by an approval granted by
the City, for a building or structure to be constructed
on property, the applicant for the building permit
shall submit a landscape plan prepared in accordance
with the provision of this Section. The Landscape Plan
shall include the following information:
a. General: Name and address of developer,
owner, and contact person; name and address
of, Minnesota registered landscape architect,
or Minnesota certified nurseryperson; date of
plan preparation; date and description of all
revisions; name of proiect or development.
b. Site Map: One (1) scale drawing of the site
based upon a survey of property lines with
indication of scale and north point; name and
alignment of proposed and existing adiacent
on-site streets; location of all proposed and
existing utility easements and right-of-ways;
location of existing and proposed buildings;
topographic contours using main sea level
datum at two-foot contour intervals; existing
and proposed location of parking areas; water
bodies; proposed sidewalks and trails.
c. Two (2) scale drawings of proposed
landscaping for the site based upon a survey
of property lines with indication of scale
and North point; existing and proposed
topographic contours using mean sea level
datum at two-foot intervals; details of
proposed planting beds and foundation
-3-
Plantings; delineation of both sodded and
seeded area; location and identification of
proposed landscape or man-made materials used
to provide screening from adjacent and
neighboring properties; location and
identification of trees; details of fences,
tie walls, planting boxes, retaining walls,
berms and other landscape improvements and
details in legible scale; location of
landscape islands and planter beds with
identification of plant materials used.
d. Planting Schedule: A table containing the
common names and botanical names, size of
plant materials, root specifications,
Quantities, and special planting
instructions.
3 . Performance Guarantee.
a. A Performance Guarantee shall be required to
insure completion and maintenance of all
landscaping in accordance with the approved
landscape plan required hereunder.
b. The Performance Guarantee shall be approved
in form as to security by the City.
c. The Performance Guarantee shall be in the
amount of five thousand ($5, 000. 00) dollars,
subject to modification by the City Council.
d. The Performance Guarantee shall cover one
full calendar year subsequent to the
completion of the landscaping as provided in
the approved Landscape Plan and shall be
released only upon inspection and written
notice of conformance by the City.
e. For any landscaping or screening that is
unacceptable, the applicant shall replace the
material to the satisfaction of the City
before the Guarantee is release. Where this
is not done, the City, at its sole
discretion, may use the proceeds of the
Performance Guarantee to accomplish
performance. When the Performance Guarantee
is insufficient to cover the cost and
complete the landscaping.
-4-
cp
C. Landscape Specifications.
1. Definitions. For purpose of this Section, the
following definitions shall apply:
a. Caliper: The length of a straight line
measured through the trunk of a tree six (6)
inches above ground level.
b. Coniferous/Evergreen Tree: A woody plant
which, at maturity, is at least thirty (30)
feet or more in height, having foliage on the
outermost portion of the branches year-round.
c. Deciduous Overstory Shade Tree: A woody plant
which, at maturity, is thirty (30) feet or
more in height having foilage on the ,
outermost portion of the branches year-round.
d. Deciduous Understory Ornamental Tree: A woody
plant which, at maturity, is less than thirty_
(30) feet or more in height, with a single
trunk, unbranched for several feet above the
ground having a defined crown which loses
leaves annually.
e. Plant Material Average Size (Coniferous) : The
total height of all coniferous trees six (6)
feet or over, divided by the total number of
such trees.
f. Plant Materials Average Size 1 Shade or
Ornamental) : The total diameter of all
deciduous overstory trees two and one-half
(21) or more in diameter, divided by the
total number of trees.
2 . All Landscape Plans and landscaping under this
Section shall follow and be in compliance and the
following requirements together with all other City
regulations.
-5-.
a. Minimum size at time of planting:.
(1) Deciduous overstory plantings shall be
a minimum of two and one-half (21)
caliper inches.
(2) Deciduous understory trees shall be a
minimum of one and one-half (11)
caliper inches.
(3). Coniferous trees shall be a minimum of
six (6) feet in height.
(4) Hedge materials shall be a minimum of
three (3) feet in height.
b. Minimum Required Plant Material: The
Landscape Plan and landscaping thereunder
shall provide for plant material equal to
three (3%) percent of the value of the
building(s) , not including the cost of land
and site improvements.
Credit may be given for existing plant
materials, which will be preserved.
The City may approve a landscape plan, which
does not meet this standard, where the intent
and purpose of this ordinance is otherwise
met.
c. Planting Islands: Planting islands shall be
required where necessary to visually break up
expanses of hard surface parking areas, to
provide safe and efficient traffic movement,
and to define rows of parking. Planting
islands shall occupy at least five (5)
percent of the parking area. Planting islands
shall not be required in parking areas with
less than fifty (50) parking spaces. Planting
shall be in accordance with Chapter 11 of the
City Code.
d. Method of Installation: All deciduous and
coniferous trees shall be planted in
accordance with American Nurseryman's
standards.
-6-
e. Lawn Maintenance and Establishment: Lawn
maintenance and establishment shall be
required in accordance with Chapter 10 of the
City Code.
f. Slopes and Berms: Slopes and berms steeper
than three (3) feet horizontal to one (1)
foot vertical shall not be permitted unless
specifically approved by the City. In areas
where steeper slopes are allowed, there shall
be special landscape treatment such as
special seed mixtures, terracing or retaining '
walls.
g_ Landscape Maintenance: The property owner
shall be responsible for the maintenance of
all landscaped areas and the installation of
healthy replacement plants for any plants
that die or are removed due to disease.
Maintenance shall include removal of litter,
dead plant materials, unhealthy or diseased
trees, and necessary pruning. Natural water
courses within a buffer shall be maintained
as free flowing and free of debris.
h. Erosion Control: All areas of any site shall
be restored and maintained in accordance with
provisions of the Eagan Erosion Control
Manual, and other requirements of the City
Code.
i. Placement of Plant Materials: No plant
materials shall be permitted, within any
utility easement or street right-of-way.
except as otherwise permitted under Chapter 7
of the City Code.
1- Diseased and Nuisance Trees: Prior to
grading, all diseased and nuisance trees, on
the sublect property, shall be identified by
the City Forester in accordance with Chapter
10 of the City Code. All diseased and
nuisance trees so identified shall be removed
from the property at the time of grading and
prior to the commencement of building
construction.
-7-
3
k. Tree Preservation: Tree preservation shall be
required in accordance with the Tree
Preservation Guidelines as adopted by the
Eagan City Council.,
D. Landscaping Along Freeway Corridors.
1. Purpose. The provisions in this Paragraph are
adopted in order to preserve, protect and enhance
existing landscapes and landscaping which were provided
by the Minnesota Department of Transportation and is
located along Interstate Highways 35E and 494 and T.H.
77 (Cedar Avenue) .
2 . Visual Penetration Areas. The requirements herein
shall apply to those areas along the freeway system in
the City where the visual penetration of the motorist
extends beyond the right-of-way boundary as identified
in the Eagan Comprehensive Plan.
3 . Existing Wooded Lots. Existing wooded areas
designated in the Eagan Comprehensive Guide Plan shall
be preserved for a minimum of fifty (50) feet adjacent
and parallel to the freeway right-of-way. Beyond fifty_
(50) feet, existing wooded areas shall be preserved
except that a maximum of forty (40%) percent of the
wooded area may be developed with an impervious surface
provided all other applicable ordinances of the City.
pertaining to impervious surface. preservation of
trees, vegetation and slopes are met.
4 . Screening Visual Penetration Areas. Adiacent to
the freeway right-of-way, as identified in the City
Comprehensive Guide Plan, a planting screen of a
mixture of overstory and understory coniferous plant
material shall be planted which shall provide a visual
screen at time of maturity.
This planting shall be provided within the minimum
twenty-five (25) foot setback area required adjacent to
freeway right-of-way.
E. Irrigation Systems.
1. System Reauired.
a. All Landscape Plans and implementation
thereof reauired by this Section shall include an
underground irrigation system as follows:
-8-
R-1 Districts: Not required.
R-2 District: Required.
R-3 District: Required.
R-4 District: Required.
Commercial Districts: Required.
Industrial and R.D. Districts: Required.
Public Facilities: Required.
Agricultural: Not required.
Public Parks: Not required.
Planned Development: Refer to above districts
and related uses.
b. Exception. If the property area to be
landscaped is very large or reserved for future
expansion or the system would not be in keeping
with the character of the area as determined by
the City, an underground irrigation system is not
required.
2 . System Specification. All irrigation systems shall
be a fully automatic programmable system, capable
of alternate date watering. Each system shall be
capable of achieving one inch of precipitation per
week under an alternate day watering regime. The
system shall provide head to head coverage with
uniform levels of total precipitation throughout
all irrigated areas, and shall provide full and
equal coverage onto public rights-of-way to the
back of curb. Systems which extend beyond private
property onto public rights-of-way shall be
subject to approval by the City under Chapter 7 of
the City Code. The system shall meet Minnesota
Department of Health standards and shall provide
backflow preventors. All systems shall have a
designated billing address.
F. Screens and Buffers.
1. Definition and Purpose. Screens and buffers are
designated units of yard or open area where distance,
planting, berming and fencing help minimize adverse
impacts of public nuisances, such as: noise; glare;
activity; or dust; which are oftentimes associated with
Parking, storage, signs or buildings.
-9-
2 . Screens and Buffers Requirements.
a. All parking, loading service, utility, and
outdoor storage areas shall be screened from
all public streets and adiacent differing
land use by a combination of any of the
following: earth mounds, walls, fences,
shrubs, deciduous overstorv, understory or
coniferous trees or hedge materials.
The height and depth of the screening shall
be consistent with the height and size of the
area to be screened. When natural materials,
such as trees or hedges, are used to meet the
screening requirements of this Paragraph.
density and species of planting shall be such
as to achieve seventy-five (75%) percent
opacity Year round at maturity.
b. Buffers. All lot boundary lines shall be
bordered by a buffer which shall not extend
into or be located within any portion of a
street right-of-way. Where a required
drainage, utility or other easement is
partially or wholly within a required buffer,
the developer shall design and implement an
alternative buffer to eliminate or minimize
Plantings within the required easement. Such
design may necessitate choosing a buffer with
more land area and fewer required plantings.
c. Exception to Requirements. Buffer yard
requirements may be waived or modified by the
City where the intent is otherwise satisfied
by significant change in elevation, an
existing screen, significant distance or
similar circumstances.
3 . Completion Deadline. All plant materials required
within a specified buffer yard shall be planted to
completion within six (6) months from date of issuance
of a building permit unless otherwise approved by the
City due to the time of the year or construction for a
large proiect. In no case shall the period exceed six
(6) months from issuance of the certificate of
occupancy.
-10-
SC)
4 . Responsibility for Buffer. The property owner of
the heavier use district shall be responsible for the
establishment of a buffer. An adjacent owner of the
lighter use shall be required to provide plant material
and other normal landscape features along the common
lot line which will aid in the creation of the buffer.
G. Trees on Public Property.
Trees located within the public right-of-way, ,
(boulevard area) or public easement shall be planted
and maintained in accordance with the provisions of
Chapter 7 of the City Code.
H. Prohibited Tree Species.
It shall be unlawful to introduce any of the following '
prohibited species to any lot or land parcel where such
trees are not naturally occurring or to plant upon
public land or right-of-way:
Gingko (female only)
Box Elder
Non-disease resistant Elm Species
Non-hybrid Cottonwood species
Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation' " and Section 11.99 , 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:
Date of Advisory Planning Commission Hearing:
-11-
V\
Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES
JANUARY 26, 1993
LANDSCAPE ORDINANCE
CITY OF RAGAN
Chairman Voracek opened the next public hearing of the evening
regarding an Ordinance Amendment to Chapter 11 of the City Code
pertaining to Landscape regulations.
City Planner Sturm stated that this ordinance was previously
approved by the commission, however, after further review of other
ordinance amendments, changes were made and the whole ordinance was
redrafted rather than make minor modifications. This ordinance will
give the City more enforcement capabilities.
Miller moved, Hoeft seconded, the motion to approve an Ordinance
Amendment to Chapter 11 of the City Code pertaining to Landscape
regulations.
All present voted in favor.
Agenda Information Memo
February 2, 1993 City Council Meeting
CITY CODE AMENDMENT/SHORELAND ORDINANCE
D. Shoreland Ordinance, City of Eagan, Ordinance Amendment to Chapter 11 of the City
Code Pertaining to Shoreland Zoning Regulations (Request to Continue to February 16,
1993)--The City's shoreland zoning ordinance is being prepared by the City's planning
consultant in conjunction with that of several other cities. The revised ordinance is currently
being reviewed by the Minnesota Department of Natural Resources and, as a consequence,
staff is requesting that it be continued to the Febraury 16, 1993 City Council meeting
ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the
shoreland zoning ordinance to the February 16, 1993 City Council meeting.
SC\
F
Agenda Information Memo
February 2, 1993, City Council Meeting
DISCUSS COLLECTOR STREET WIDTH
(CEDAR GROVE STREET RECONSTRUCTION)
A. Project 617R, Discuss Collector Street Width (Cedar Grove Street Reconstruction)--
On December 8, a public hearing was held to discuss the proposed reconstruction of City
streets within the Cedar Grove Additions under Project 617R. Part of the discussion during
that public hearing process pertained to changing the street widths to conform to City
standards. There were several comments om various affected property owners regarding
these changes. Enclosed on pag69 .ti s a copy of the minutes from the December 8
meeting which indicated that all street widths would remain the same with the exception of
the collector streets which should be brought to the City standard of 36 feet. This project
affects two a hborhood collector streets; Turquoise Trail and Carnelian Lane. Enclosed
on pages ` and 0,(0 is a copy of the Cedar Grove 3rd and 5th Addition which
includes portions of these two neighborhood collector streets. As can be seen, to bring these
two streets up to City standards, Carnelian Lane would have to be widened by 2 feet in the
3rd Addition and 4 feet in the Fifth Addition. Turquoise Trail would have to be narrowed
by 4 feet through the 5th Addition. Enclosed on page q is a. copy of the newspaper
report summarizing is public hearing with the issue pertaining to street width underlined.
Enclosed on pages Al through kti -is a petition that the City received from property
owners who are opposed to changing the width of Carnelian Lane within the Cedar Grove
3rd Addition.
With City staff in the final stages of detail design for the street improvements, the staff
wanted to bring this petition and background information to the Council's attention to
receive specific final direction as to the design width for these streets.
ACTION TO BE CONSIDERED ON THIS ITEM: To designate the design width for
Carnelian Lane and Turquoise Drive for Project 617R (Cedar Grove Street Reconstruction).
di
MINUTES 00:**i6k*MEitiNA OF THE
- EAGAN CITY COUNCii: :
gasan,
''-••••• • - • -
• • • • - -
• •
A special meeting of the Eagan City Counci was convened at 5:00 p.m.on Tuesday,December 8,
1992 in Room 6 at Mary, Mother of the Church for the purpose of discussing the draft 1993-1997 capital
knprovements budget and to hold a public hearing for Cedar Grove *3, 4, 5, 6 and 9 street utility
reconstruction for Project 617R. Those in attendance were Mayor Egan and City Councilmernbers Amide,
McCrea, Pawlenty and Wachter. Also in iii.tePiiiiiiii0if.:14004:PkOgor of Public Works Colbert, Fire Chief
Nelson,Police Chief Geagan,Director or Firiiiiiiistaipieibirkii,Vng Director d Community Development
Hohenstein and City Administrator Hedges.
PROPOSED403-1991.:4*
••••••
City Administrator Hedges reviewed:theileatica6vernents program for the years 1993-1997
stating that the CIP is a multi-year planning instrument used for the City to identify needed capital projects
and to coordinate financing and timing of those projects to maximize the return of the investment made by
citizens of Eagan. He summarized the three (3) specific parts which include Part I, which is the public
facilities portion, Part II Equipment,which provides for new equipment and replacement of equipment and
Part III, which is public enterprise and parks. There was a general discussion that under Part I, the
Recreation Facility Phase I should be redelOaled.as a capital project in 1993 instead of 1994. There was
also discussion that the project be titled Restiniat*Facility Phase I rather than Ice Arena/Pool. City
Councilmember Wachter expressed concern that.otheritaIties designated as Part I be funded before an
allocation is approved for the recreation facility. City CounCIVPOPIPer Pawienty emphasized the importance
41 of coordinating the Law Enforcement/Municip0:pentar;:tettiodeling with the Recreation Facility Phase I
project. City Councilmember Awada raised.:queSli•OS:litkiii the need for land acquisition adjacent to the
City's maintenance facility, fire station reikidefirig.and whether an additional station is necessary. City
Councilmember McCrea stated that specific attention should be given to those projects proposed in the next
two to three years, and that capital projects and equipment proposed beyond that is more conceptual.
City Councilmember Awada questioned how much of the park systems plan has been developed
and suggested that the City concentrate onpttriciatV.SCOSItion to satisfy the objectives within the master
plan, but delay development. City Admii.iiStritit*:tle*S::ifidi*:that the Director of Parks & Recreation
became ill in the afternoon and was not Oieient for•Viatiiiion and would follow up with Mr. Vraa for
additional information on the projected needs accoOdiflg to tit approved park systems plan. City
Council members discussed the cost of maintenance.:,::0y CouriOinember PavAerity asked what percentage
of planned parkland was purchased versus donated.:.:tfa also suggested that a column be added to the CIP
for land purchase. City Councilmember Awada stated that mitgenance costs should be applied to each
capital project to determine the overall budget impact.
The City Council continued discussion on equipment acquisition,which is referred to as Part II of
the proposed five (5) year CIP. City Councilmember-Elect Shawn Hunter asked a question regarding
property tax levy for sale of equipment certificates which was I ressed by the City Administrator. Mayor
Egan asked for staff to adjust vehicle costs, considering both•itiiiads and unmarked police vehicles. City
Councilmember Awada stated that the ar99pFd:pmesdad.inlms.draft five (5)year CIP seems excessive for
vehicles, specifically the number of insbei$OW.::§0i::.***Sed.:Aluestions regarding the cost of vehicles,
a request for a golf cart and the amount of computer eqUipment proposed in the CIP budget. City
Councilmember Wachter raised questions regarding a 5/8thS:PlCkup, antifreeze recialmer,floor hoist and
Hotsy washer. City Councilmember Awada suggested that Ihe.amount for all equipment is at least 30
1111 percent over an acceptable level of spending.
-...-.-..........:•-•:•:.:•:•:•:•:•:•:•:•:•:•::::::-::•••
Page 2/EAGAN SPECIAL CITY COUNCIL MW ,rrgS ,
December 8, 1992 IIP
City Councilmember Pawlenty stateiI::iijat direction should:be provided to the City Administrator and
suggested that a memo outlining any changei*:.teguction§.thOtaif can consider is appropriate. He further
stated that staff should establish the priorities titiolitif?.*:06.:Kdministrator's office and generally agreed
with the policy but not the process outlined by otheetiiiiiibers of the City Council for revising the five (5)
year CIP. City Councilmember Pawlenty stated that the City Administrator is the CEO, Department Heads
are part of the team, not opponents, and that the City Council should set parameters and then hold staff
accountable for a level of spending as it relates to capital equipment.
The City Administrator summarizediiii:..0•iitailiiaitiat:the decisions should take part ki two
phases, 1)to approve certain vehicle equipment for aOqUisition in *993 to comply with the Hennepin County
purchasing program and 2) that staff will provide justification faiitiquipment and provide a revised CIP as
It relates to all three parts toward the end of Januari:air early Fat:Ipary. Mayor Egan thanked the staff for
their presentation.
SPECIAL CITY COUNCIL MEETT tia'FOR DECEMBER 15
City Councilmember McCrea recommended that a Special City Council meeting be held prior to the
December 15 regular meeting to conclude the performance review for the City Administrator. City
Administrator Hedges stated that the staff is planning an orientation for the operation of the video equipment
which could also take place during the speOlal:meeting. City Councilmember Awada suggested that if time
permits, the Recreation Facility and MuniO1Pal:Oenierlirew Enforcement capital projects be discussed as
• well. • •
• •
The special meeting was recessed and a0:00 p.m.,MayOr.Egan reconvened in the Fellowship Room io
of Mary, Mother of the Church to consider thes480:hearing•ftir Project 617R, Cedar Grove No 3, 4, 5, 6,
and 9, streets and utility reconstruction,whion'inOlved Ibo+ households. Assistant City Engineer Foertsch,
Streets Superintendent Erhart, Consulting Engineer Mark Hanson, and City Attorney James Sheldon were
present in addition to the City Council and staff who attended the C.I.P. discussion.
After introductory remarks by Mayor Egan,City Administrator Hedges introduced the staff members
available for presentations and questions. Director of Public Works Colbert provided a brief background and
history and then called attention to the fiNtieiystr.aPitgtmprgyerrients Program instituted in 1992 for the
purpose of prioritizing rehabilitation of thatity'aitnietititiletheri introduced Mark Hanson of Bonestroo,
Rosene, Anderlik and Associates who made the engineering presentation.
Mark Hanson described the project area and The street dealgn. Mr.Hanson illustrated the Pavement
Condition Index (PCI) rankings for each subdivision:4nd w* ew exceptions, each ranking indicated
reconstruction. Slides were used to show existing conditions throughout the subdMsions and the
construction process. Mr. Hanson then addressed the Nicols Service Road and two options to deal with
it: 1) reconstruction of the road to current standards or 2) extension of the individual driveways out to
Nicols Road.
Mr. Hanson discussed street widths and various cul da.'Ocs and then turned his attention to the
streetlights and storm sewer portions of the.project. He indicated the City was open to suggestion as to
streetlight locations and noted that storm ii0ii*:00*_:*#•'000:. 0:4;te assessed. The last item addressed by
Mr. Hanson was the estimated cost and tneeiSeiroXiMatePartotassessment for street improvements and
streetlights.
•
After initial instructions to the audience, the public hearing was opened for public testimony.
.•
Page 3/EAGAN SPECIAL CITY COUNCIL
December 8, 1992
Geoffrey Mc Randall, 1837 Turquoliii:::Trail, asked abOt4Ihe updated assessment figures. City
Attorney Sheldon explained the process regatiiiiglarnple appOteils. He said an RFP had been sent to 500
appraisers with two appraisers ultimately seleCted****iiiproximately 5%of the homes In the project
area. Mr. Sheldon indicated that preliminary resutitifiehl:fri'but the appraisals had not been completed nor
information reviewed. He stated that as soon as the results were evaluated, the information would be
reviewed by the City Council and possibly disseminated to the homeowners. Mayor Egan reminded the
audience that while the City had to be reasonably certain the project was financially feasible,the primary
purpose this evening was the engineering
Ed Morse, 4385 On Drive, stated that hie We%was Ip400d condition and that the PCI ranking
was evidently incorrect. He asked whether Shale Lane would tie:constructed to a heavier use. He also
indicated that 8% interest on the assessment seemedlo be Mayor Egan said that 8%was only an
estimate and the percentage could be lower...Whe6:1*....Moree.iiiked whether he would be placed in a
higher property tax bracket if the City deteiMihed:that the:ii.Oefito the property justified the assessment,
Director of Public Works Colbert said It was his understanding.that any market evaluation for tax purposes
usually does not take into consideration the condition of the streets, storm sewer or streetlights.
Karen Ellingson, 1764 Serpentine Drive, asked whether reconfiguration of the cul de sac entrances
would make a difference in the cost of the improvement. Mark Hanson indicated there was no significant
difference in cost. Ms. Ellingson asked abOtit:the.high cost of the streetlights and Director of Public Works
Colbert stated the installation was bid by:141OftheM::States Power and Dakota Electric with the total cost
divided by the number of properties. He said thetietliCliOdes burying the cable, installing the light poles
as well as the cost of the individual streetlights. - • • _
•
•.
Henry Peterson,4053 Amethyst Lane,discussed ehiirnber of issues including the difference in costs
associated with surmountable curbing versr.O.:the106te'Curb. Mr. Peterson mentioned funding proposed for
an ice arena project and suggested it be Usedto increase the City's contribution to this project. He said
Cedar Grove is not the richest area of Eagan but the properties have contributed to all the major funds over
the years. Mr. Peterson said the project is needed but asked if there were other alternatives or whether it
could be completed in phases.
Bob Saalbom, 4064 Amethyst Lane;13.0.(e.cliwW5RfArfdrekge would be better with the storm sewer
improvements, especially as it relates to ithe1its4eiaietOirhie.::the City has experienced recently. Mark
Hanson reported there is no proposal to upgrade:the storm..sewer system. He suggested that with
reconstruction of the catch basins, the system will dOin prope6 and more quickly but there will be little
improvement on the system's ability to handle the rt*Or storrr*:,referenced by Mr. Saalbom.
...•....
David Wyss, 2108 Shale Lane, recommended that the 4:iiath of Shale Lane be maintained because
of the amount of bus traffic,the number of children who walk in the street and because It is a through street.
Director of Public Works Colbert said the street is currently 34'wide and is proposed to the City standard
of 32'. He indicated the change would not be significant.
Lyle Vogt, 1816 Cinnabar Court, questioned the reduCe4:entrance areas of the reconstructed cul
de sacs and asked whether the materials removed from the &ft./away areas would be replaced in kind or
only in bituminous. Director of Public Wodi: ::Odtbi4eiti5lef.40:jhett the street widths were being proposed
to conform with City standards. The streetiiiitiidartigkie:Wekitonstructed at various widths and it was
determined that if they were ever going to be brought into compliance, this would be the appropriate time
to do it. He explained that if the residents are comfortable isilthithe street widths as they are, the change
would not make a difference in the assessments. Mayor Egaheiked for a show of hands to indicate those
In the audience who wished to keep the street widths as they are and the majority raised their hands.
Page 4/EAGAN SPECIAL CITY COUNCIL fi41NT. E '
December 8, 1992
Robert Drumm, 1762 Serpentine DrWa, said most of his concerns related to costs. Mr. Drumm
acknowledged that all streets in Eagan will havi 1c bereconstcticted at some time and suggested that rather
than keep taxes'artificially low'they be increased:toa pk/er:atfeet reconstruction. Mayor Egan stated that
N approved, the project will go out for bid; however;•everi•with the lowest bids,the City is not anticipating
anything but a negligible change. He said once the City has the appraisals,they will know what amount of
assessments would be fair and equitable.
Kathy Kuntz, 2133 Shale Lane, dis ed::hec:.atiggestic :to reconsider the existing assessment
policy. She said public use items should beipaid.ty y$i,:::Si a then outlined the responses she received
from other cities regarding their policies.
Terry Perron, 3946 Beryl Road, expressed t4:opposficihjo streetlights proposed for the interior
streets and suggested installing lights only,at:1nterseztions..:.&3ajror Egan asked for a show of hands to
indicate those in the audience who wished t[�►e:ii staRatiori*streetlights,and the majority raised their hands.
Mike Stapf, 1933 Turquoise Trail, stated that he wanted to know the cost of the project before It
goes forward. Director of Public Works Colbert indicated that If the project were approved,the City will go
out for bids in mid-March with costs reviewed at that time.
Rick Sunde, 3867A Gold Point, asked::a..number of questions about how apartments would be
assessed. Mark Hanson explained the assessmei:.its:for Countryside Villa.
Geof McRandall asked, if the project were.sapproved;whether he would now be responsible for the
assessments. Pending assessments were then discussed::::: :
Mayor Egan closed the hearing to:f itibfii testimony at 9:22 p.m.
Councilmember McCrea stated it would be her preference to authorize staff to put together the plans
and specifications and secure the bids,then have it brought back to the City Council for review of the bids,
the appraisals and the final assessments before making a final decision. The rest of the Council agreed.
Additional discussion took place regarding the street widths with the suggestion being made by
Councilmember Awada that the street widths:ren In fihe:;sar e:With the exception of the collector streets
which will be brought to the City's standard 36''width:HHOiestioris:were raised about building Shale Lane to
a higher standard; however, Mr. Colbert assured the residents that building Shale Lane to residential street
standards would be adequate.
Wachter moved, Awada seconded,a motion'to•dose tt :public hearing and approve Project 617R
(Cedar Grove 3, 4, 5, 6, and 9 Additions - Street Rehabilitation)'as modified with all street widths to remain
as they are with the exception of the collector streets which will be brought to the City's standard 36'width
and authorized the preparation of detailed plans and specifications. Aye: 5 Nay: 0
ADJOURNMENT
The special meeting of the Eagan City.C4unci.adjoumed et approximately 9:40 p.m.on December
8, 1992.
TLH\KF
CITY OF EAgAf I
JO
E. J. VanOverbeke
q'Y
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.•
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EAGAN, MINNESOTA FIGURE A vii Associates
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LEGEND
34/32 = Existing/Proposed Widths
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EAGAN, MINNESOTA FIGURE C fl Associates
STREE WIDTHS
Engineers& Architects
2335 West Highway 36
49\49519\R13 NOVEMBER 1992 . s... C°9519 St. Paul, Minnesota 5511::
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, qr7 I
January 1993
Attention : City of Eagan Officials
RE: Petition opposing the widening of Carnelian Lane between
Nicole Road and Rahn Road.
Enclosed are copies of our petition opposing the widening of
Carnelian Lane between Nicole Road and Rahn Road in Cedar
Grove No# 3 .
If you have and questions concerning this petition please
contact : Richard Jacobs 454-2744
Ronald Kipper 454-5147
The concerned residents of Carnelian Lane would like
immediate attention regarding this Issue .
copies to:
Thomas Egan
Arnie Erhart
Theadore Wachter
Patricia Awada
Sandra Masin
Shawn Hunter
Thomas Hedges
qg
January 1993
We, the residents who live on Carnetinn I ane between Rahn Road and
Nicols Road in Cedar Grove No. 3 ai,, opposed to increasing the width of our
street. We want it to remain as is. .
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January 1993
We, the residents who live on Carnelian Lane between Rahn Road and
Nicols Road in Cedar Grove No. 3 are opposed to increasing the width of our
street. We want it to remain as is.
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January 1993
We, the residents who live on Carnelisii Lane between Rahn Road and
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street. We want it to remain as is. •
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Agenda Information Memo
February 2, 1993 City Council Meeting
MriGISLOWEANISIMOVERNMENTAUMFMRSVPDATVi
DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP
A. Resolution, Dakota County Economic Development Partnership, 1993 Membership--
Enclosed on page_is a copy of correspondence from the city of Apple Valley relative to
the proposed Dakota County Economic Development Partnership. This partnership has
been extensively discussed among city and county economic development professionals and
managers. As outlined in the correspondence, the purpose of the partnership is to combine
efforts between local units of government,the private sector and the county to professionally
promote and market the entire county to potential commercial developments. This
partnership will have a cooperative relationship with the Metro East Development
Partnership such that member cities of the Dakota County Economic Development
Partnership will also have available the services of the Metro East Partnership.
In this regard, enclosed on pages .64-(' and `06 is a copy of a resolution committing the
City to membership in the partnership for 1993 at an annual ty p p p ua dues rate of approximately
$6,122.50. It is proposed that these funds be allocated from the City's tax increment
financing administrative fees generated by its existing TIF districts.
Please note that the last sentence of the resolution includes a blank regarding representation
to the partnership. Various cities have appointed either staff members, elected officials or
both to act as the cities' representatives to the partnership. If any councilmember wishes
to take part in this activity, it would be appropriate to insert that persons name in that
resolution prior to its signature.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution
committing the City to membership in the Dakota County Economic Development
Partnership as presented.
LD3
CITY OF
••• ••• APPLE VALLEY MEMO
•••••
••••
TO: Dakota County City and County Managers/Administrators
FROM: Thomas M. Melena, Apple Valley City Administrator j
SUBJECT: COUNTY-WIDE ECONOMIC DEVELOPMENT PARTNERSHIP
DATE: January 15, 1993
In the past we have discussed the concepts for a county-wide Economic
Development Partnership. This partnership is now being formed under the
name "Dakota County Economic Development Partnership" (DCEDP) . It is time
for cities to officially join and fund their share.
The purpose of this partnership between local units of government, the
private sector, and the County is to professionally promote and market the
entire county for job creation and tax-base diversification. The DCEDP will
also contract for services with Metro East. A director will be hired who
will office in the Dakota County Vo-Tech complex.
At our meetings in late 1992, cities that agreed to participate also were
asked to assist in the funding. Approximately one-third of the funding must
come from cities and townships. The fee schedule for each unit is $1,000
plus l0C per capita based on the current year population estimate by Met
Council. The annual fee will be different for each community and can be
split into halves with the first payment in the early portion of the year
and the remainder after July 15. Some of the communities (including Apple
Valley) will fund a portion of this annual economic development promotion
fee from their Tax Increment Financing Administration fund. Checks should
be made out to: Dakota County Economic Development Partnership, c/o P.I.C. ,
33 East Wentworth Avenue, West St. Paul, Minnesota 55118, Attention: Helen
Dahlberg.
Attached is a sample resolution of commitment to the Dakota County Economic
Development Partnership and a copy of the resolution adopted by Apple
Valley.
If there are questions, feel free to contact me at 431-8800 or Helen
Dahlberg, of the Dakota County Private Industry Council (P.I.C. ) , at 450-
2748. Helen is acting as the interim secretary.
:pjg
Attachments: 2 Resolutions
c: City Community Development Directors
RESOLUTION
ON COMMITMENT TO THE
DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP
WHEREAS,representatives of cities,business,HRA,public utilities,education,
the Private Industry Council and Dakota County have worked since 1990 to develop a
relationship for the collective enhancement of economic development in the county; and,
WHEREAS, these representatives have developed a strategic plan for the
implementation of an Economic Development Partnership for the representative members
that will enhance overall ability to attract new business, retain and expand existing business
and to provide a qualified, trained labor force with enhancements derived from the
development of the Partnership; and,
WHEREAS, the City of Eagan has encouraged public-private cooperative
promotion and economic development efforts and has supported the efforts of the
representatives of the Economic Development Partnership.
NOW, THEREFORE, BE IT ALSO RESOLVED, that the City of Eagan
endorses the Dakota County Economic Development Partnership and supports the
development of a functioning structure for the Partnership as outlined and authorizes an
amount of $1,000 plus $.10 per resident annually to support this project for the time period
of 1993.
BE IT FURTHER RESOLVED, that the City of Eagan will support the
continued efforts of the Economic Development Partnership, subject to annual review, and
hereby appoints and the Community Development Director to act as
representatives to the partnership.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
l7
J
MEOW
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 day of , 1993.
E.J. VanOverbeke, City Clerk
City of Eagan
1 � �
-
DATE- I 1' 1 1' CITY OF EAGAN NEW
ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL
_OFF SALE FEE EAGAN,MINNESOTA 55122 TEMPORARY X
TEMPORARY FEE$25.00
APPLICATION FOR NON-INTOXICATING MALT LIQUOR LICENSE
PLEASE PRINT ` 7 .----
APPLICANT f f ScJ 7 ,-%'.,,t/ /7( OWNER'S NAME
( ( ,/, /2/2 (�First„ �j9/ (Middle) (Last) (First) (Middle)
Address
Address
(Street)
fit if,) (Street)
f��.' /(/ 5-51.2.3
(City) 7 (State) (Zip) (City) (State) (zp)
f Phone Birthdate Phone Birthdate
/
TRADE NAME GO ES 7 Pv(;t-(S H IAI M PL o y'EIS CC--Ve MANAGER'S NAME UffiZ-►ST7k70 S"C-A./1 `t ekI?-4(c0_4
' (First) (Middle)
Address 6 (O 0(01 (?-114 A-Iv 1> Address r` .;9 0 ill Ai-et- bt-(1/4`)‘.ft\1-02.
(Street) (Street)
'� (City) (State) (Zip) (City) , (Zip)
Phone (, 7- 7-)8 Phone 8-7— 7 7 a Birthdate
HEREBY APPLIES FOR NON-INTOXICATING LIQUOR LICENSE for the year 19 1 5 ,from 2. / 6 t X
/ (month) (date) (month)
Event: itit E-/\J S P/WTI Location:/ 6 0 PPP-11-pt�t4 Ai p/e
(for temporary li nse) (Address)
Are you the actual proprietor? Yes (4 No ( )
Are you the owner of the property of the business location? Yes (4 No ( )
Has any other license of this kind been granted to you? Yes( No ( ) Where `j'T- P4 tit- IAA A./ ! / j1-
(City) (Year)
Are any taxes,assessments or utility bills for the permises unpaid or deliquent? Yes ( ) Nom If yes,give reason.
During the past year,has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes ( ) NoW
if yes,attach summary copy.
Have you ever been convicted? Yes ( ) No ('City (Other than a traffic offense)
Is this a joint ownership or silent partnership? Yes ( ) No ( ). If yes,please attach a listing of complete names,dates of
birth,addresses and telephone numbers fo everyone involved.
I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR.
THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS
INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS,WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF
ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE.
I(we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE
ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE AND BELIEF.
/5 , 1 --z4_,1 C _,2
"I�AUTHORIZED SIGNATURE .( st)
(Full Middle) (Last)
FOR CITY USE ONLY
POLICE APPROVAL: YES)6 NO () SIGNED , al/Qt-17% L T DATED / - J
CITY COUNCIL APPROVAL: YES () NO () SIGNED DATED
MEMO TO: CITY COUNCILMEMBER HUNTER
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 29, 1993
SUBJECT: ABSTENTIONS
I contacted Jim Sheldon, City Attorney, regarding information you received from a
constituent that an abstention is "a vote with the majority." According to Jim, that is not the
case, an abstention is not a vote with the majority. As an example, the Lexington/Lone Oak
vote had three yes votes, one no vote and one abstention. Because this project was initiated
by the City and not 35% of the affected property owners there are four (4) affirmative votes
required. According to Roberts Rules of Order, an abstention does not count as a yes vote
with the majority.
Feel free to share this information with the constituent if that person shared his or her name
and would like a response!
As always, thanks for calling and asking me to coordinate a response in your behalf.
City Administrator
TLH/jeh
SENT BX: f 3-29-93 ;12:17FM ;SEVERSON WILCOX SHEL-, 612 681 4612;# 2/ 3
/
M MOUANDUM
TO: Tom Hedges, City Administrator
FROM: James F. Sheldon, City Attorney
DATE: March 29, 1993
RE: Financing Public Improvements Through Special Assessments
Our File No. 206-9688
INTRODUCTION
Per your recent request, this memorandum discusses the general rules
of law governing the use of special assessments to finance public
improvements.
Generally, special assessments are a taxation or charge imposed
against property for a public improvement from which the property
benefits. A public improvement is the construction, repair or
replacement by the City of streets, sidewalks or trails, storm and
sanitary sewers and systems, street lights, municipal water works
systems, and other statutorily authorized public facilities.
Special assessments are taxes imposed against real property which is
"benefited" from the particular public improvement. A property is
"benefitted" by an improvement if its fair market value increased as
a result of the improvement.
The amount of the assessment imposed against the property, however,
must not exceed the amount of the increase in the value of the
property.
Additionally, the City must ascertain that similar properties are
similarly treated with respect to assessments imposed. In other
words, similar properties must be similarly assessed.
Therefore, at the final assessment public hearing, the City Council
must determine whether the property proposed to be specially assessed
has in fact received a "benefit" from the public improvement.
Additionally, the City Council must determine to what extent the
improvement "benefits" (or increases the value of) the property in
order that such assessment does not exceed such benefit.
If the amount of the special assessment is more than the amount of
the increase in the market value due to the improvements, then the
assessment is improper.
R=95% 612 432 3780 03-29-93 12: 19PM P002 #05
SENT BY: 3-29-93 ;12:17PM ;SEVERSON WILCOX SHEL-' 612 681 4612;# 3/ 3
In the case of the Cedar Grove Public Improvement Project No. 617,
our office coordinated a pre-project assessment analysis whereby two
professional appraisers conducted appraisals. of 27 properties in the
Cedar Grove Project area. These 27 properties are a representative
sample of all properties within the Project area.
The appraisers submitted an appraisal report to our office, the
findings of which you have previously been advised. The City Council
is now aware that the proposed assessed properties will increase in
market value. The City Council will have appraisal evidence to assist
in its decision on whether to levy special assessments and if so, in
what amount.
If you have any questions or concerns regarding this matter, please
do not hesitate to contact me.
SKH/wkt
R=95% 612 432 3780 03-29-93 12: 19PM P003 #05
SENT BY: , 2- 5-93 ; 4:15PM ;SEVERSON WILCOX SI-IEL-+ 612 681 4612;# 2/ 5
•
MEMORANDUM
PRIVILEGED AND CONFIDENTIAL
TO: Tom Hedges, City Administrator
FROM: Eagan City Attorney's Office
DATE: February 5, 1993
RB: Public Improvement Project 617 (Cedar Grove)
Representative Property Sampling Appraisals:
Analysis of Assessment Impact
Our File No. 206-9688
INTRODUCTION
This memorandum is submitted to inform the City of the impact of the
levying of assessments in connection with the above-referenced
Project. Public Improvement Project 617 is generally a street and
utility reconstruction project within five subdivisions of the Cedar
Grove area. Additionally, the Project involves the stretch of Gold.
Trail from the western border of Cedar Grove No. 6 near Dolomite
Drive to Beau D'Rue Drive.
On November 16, 1992, an informational neighborhood meeting was held
at Mary, Mother of the Church in Burnsville. On December 8, 1992, the
Council approved Project No. 617 at the public hearing.
To apprise the City of the elements with respect to the assessments
to be levied in this Project, this memorandum discusses the
following: (1) estimated project costs; (2) feasibility report's
proposed assessments; (3) pre-assessment appraisals; and (4)
appraisal findings.
ESTIMATED PROJECT COSTS
The feasibility report for Project No. 617, which was approved
November 5, 1992, indicates a preliminary cost estimate totaling
$3,790,670.00, of which $2,568,469.00 (or 68% of estimated total
costs) is proposed to be assessed. The following chart outlines the
proposed percentage of costs assessed to homeowners:
R=95% 612 432 3780 02-05-93 04: 16PM P002 #19
SENT BY:• 2- 5-93 ; 4:15PM ;SEVERSON WILCOX SHEL- 612 681 4612;# 3/ 5
FEASIBILITY RZPORT
PROJECT COSTS vs. AS@1SOM*NT REVENUE MAIM
Properties_1 Project Costs Costs % Of coats
Assessed Assessed
3rd Addition }
(163 Lots, } $ 666,120.00 22%
including }
Cedar Crest's }
7 Lots) }
} $3,040,626.00
4th Addition }
(190 Lots) } $ 753,350.00 25%
}
5th Addition }
(195 Lots) } $ 773,175.00 25%
6th & 9th $ 657,750.00 $ 355,520.00 54%
Addition
( 160 lots,
Including 2
lots in 5th
Add'n
receiving no
_ new curbs)
TOTAL: 781 Lots $3,698,376.00 $2,546, 165.00 69%
($3,790,670.00
Total Project Costs)
1Properties listed consist of residential lots, excluding
Peridot Park, Woodhaven Park, Rahn Elementary School and Park,
Ballantree and Karel]. Duplexes, and Countryside Condominium No. 48.
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above, not all costs are proposed to be levied against the
As noted ab e, p P
benefitted properties. The following is the proposed cost allocation
of each aspect of the Project to each benefitted property:
1. Bituminous street improvements - 75%
2. Concrete curb improvements - 100%
3. Street light improvements - 100%
4. Sanitary sewer/water repair - 0%
5. Repair existing concrete curb - 0%
FEASIBILITY REPORT'S PROPOSED ASSESSMENTS
The proposed assessments in the feasibility report are based on a per
lot allocation. Accordingly, the total project cost for each
subdivision was divided by the number of lots in that subdivision.
The following is an outline of the feasibility report's proposed
assessment per lot in the respective subdivisions:
Cedar Grove No. 3 $3,967.00
Cedar Grove No. 4 _ $3,967.00
Cedar Grove No. 5 $3,967 .00
Cedar Grove No. 6 $2,222.00
Cedar Grove No. 9 $2,222.00
Cedar Grove No. 5, Block 9, Lots 1 and 2 $2,222.00
PRE-PROJECT APPRAISALS
Our office coordinated pre-project appraisals of single-family
properties within the proposed street reconstruction areas of the
Cedar Grove subdivisions. A representative sample of all subject
properties was created. Thirty (30) properties were chosen to
constitute the representative sample. The single-family homes in the
Cedar. Grove area are generally of the rambler or split entry style
home. Accordingly, the properties selected from each subject
subdivision for the representative sample had rambler style homes
with either a detached or attached garage, and split entry style
homes with either tuck under, attached or detached garages. Seven to
eight properties were selected in each subdivision.
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Twenty-seven (27) of the 30 selected properties were appraised. The
majority of the properties' appraised were based on an exterior and
interior viewing and a comparable sales analysis.
Based on the appraisals of the sample properties, a determination
was made as to the benefit the properties would receive as a result
of the Project. The following chart reflects the greatest and the
least benefit per lot in each subdivision as concluded by the
appraisals:
Greatest Least
Subdivision Benefit Benefit
C.G. No. 3 $3,000.00 $2,000.00
G.G. No. 4 $3,000.00 $2,000.00 •
C.G. No. 5 $2,500.00 $2,000.00
C.G. No. 6 and 9 $2,000. 00 $1,500.00
Assuming the amount of the least benefit in each subdivision is
assessed against each lot in the respective Cedar Grove subdivisions,
the total assessment revenue would be $1, 346,000.00, which equals 36%
of the total Project costs.
In determining the final assessment in the proposed Project 617, it
is the City's burden to prove that the amount of the assessment
levied does not exceed the Project's benefit to the property.
SKH/wkt
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